Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Examiner notes consistent terminology is not provided between the abstract and disclosure. For instance, claims and/or specification do not recite “an actuating unit” and “a transmission unit” as used in the abstract filed on 07/30/2024. The Examiner suggests amending abstract for consistency between disclosure and abstract.
Claim Objections
Claims 2, 6, 8, 11, and 20 are objected to because of the following antecedent basis informalities:
Claim 2, ll. 3-5, consider amending to, --is manipulated, [[the]]a center axis of [[the]]a cyclonic flow of the first cyclone part is arranged along [[the]]a vertical direction and the body covered is positioned at [[the]]a lower side of the first and the second cyclone parts.—
Claim 6, ll. 3-5, consider amending to, --state in which [[the]]a center axis of [[the]]a cyclonic flow of the first cyclone part is arranged along [[the]]a vertical direction and the body cover is positioned at [[the]]a lower side of the first and the second cyclone parts.—
Claim 8, ll. 2, consider amending to, --spring and moves in a direction parallel to [[the]]a center axis of a cyclonic flow—
Claim 11, ll. 3-4, consider amending to, --cyclonic flow of the first cyclone part is arranged along [[the]]a vertical direction and the body cover is positioned at [[the]]a lower side of the first and the second—
Claim 20, ll. 2-4, consider amending to, --member is positioned lower than the filter part in a state in which [[the]]a center axis of [[the]]a cyclonic flow of the first cyclone part is arranged along [[the]]a vertical direction and the body cover is positioned at [[the]]a lower side of the first and the –
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“a suction part” in claim 1.
“a movable part configured to move along a space between an outer portion of the filter prat and an inner circumference surface of the body” in claim 1.
“a manipulation part…configured to move the movable part…configured to move independently of the handle part” in claim 1.
“a transfer part…to transfer a manipulation force of the manipulation part to the movable part” in claim 1.
“an elastic member configured to provide an elastic force to the manipulation part” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Figs. 1 and 4, pp. [78-72] discloses the structure that corresponds to “a suction part” is an inlet and conduit for guiding dust containing air into the cleaner.
Figs. 5-8 disclose the structure that corresponds to “a movable part” is a ring plate.
Figs. 6-8 disclose the structure that corresponds to “a manipulation part” is an arm for user to press.
Figs. 5-8 disclose the structure that corresponds to “a transfer part” is a rod.
Fig. 17, pp. [265-268] disclose the structure that corresponds to “an elastic member” is a coil spring.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 4 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "a lateral side of the second cyclone part" in ll. 2 of the claim. There is insufficient antecedent basis for this limitation in the claim. It is unclear to the Examiner whether “a lateral side of the second cyclone part” in claim 4 is the same lateral side of the second cyclone part in claim 3, which claim 4 is dependent on, or whether claim 4 should introduce “a lateral side” of a different component. For examination purposes, a lateral side in claim 4 is the same lateral side in claim 3 (claim 4, ll. 2, --disposed at [[a]]the lateral side of the second cyclone part at a manipulation standby--).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Muir (US 2018/0132685) in view of Smith (US 2013/0091814).
Regarding claim 1, Muir (US 2018/0132685) discloses a cleaner (item 100; fig. 1) comprising:
a main body (outer structure of item 102; fig. 1) including:
a suction part (item 108; pp. [0027]; fig. 2);
a body (defined as outer structure of item 218, designated by gray highlighted body in first annotated fig. 6a below) comprising:
a dust container (defined as cavity within item 210; fig. 3) configured to store the dust separated by a separation part (pp. [0035] and [0039]; dirt separated by separator, i.e. tangential airflow and filter, is collected and stored within dust container 210); and
a body cover (item 324; figs. 2-3) configured to open or close a lower portion of the body (pp. [0037-0038]; body cover 324 is a hinged door to open and close a lower portion, i.e. item 322, of body; fig. 3);
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First Annotated Fig. 6a.
a filter part (item 314; fig. 3) disposed in the body (figs. 3-4b) and configured to filter air that is separated from the dust in the separation part (pp. [0035]; airflow swirls through body prior to passing through filter 314; fig. 3);
a movable part (item 400; figs. 4a-4b) configured to move along a space between an outer portion of the filter part and an inner circumference surface of the body (movable part 400 slides along space between outer surface of filter 314 and inner walls, i.e. inner side of wall 218, of body; figs. 4a-4b);
a handle part (item 338; figs. 2-3) coupled to the main body (pp. [0066]; handle 338 is mounted to main body 102), the handle part comprising a handle body (defined as outer structure of handle part 338; figs. 1-3);
a manipulation part (item 406; figs. 3-4b) disposed outside the main body (manipulation part is disposed outside wall 404 of main body; figs. 3 and 4a-4b) and configured to move the movable part (pp. [0046-0047]; manipulation part 406 is mechanically coupled to movable part 400; figs. 4a-4b), wherein the manipulation part is configured to be moved independently of the handle part (manipulation part 406 is separate and independently movable relative to the handle part 338 figs. 2-3);
a transfer part (item 416; figs. 4a-4b) passing through the main body (transfer part passes through conduit 410 of inner walls 404 of main body; figs. 4a-4b) and coupled to the movable part to transfer a manipulation force (defined as force from user pressing downwards of manipulation part 406) of the manipulation part to the movable part (pp. [0047]; transfer part 416 mechanically links manipulation part 406 to movable part 400; figs. 4a-4b); and
an elastic member (item 424; fig. 4a) configured to provide an elastic force to the manipulation part (pp. [0051]; elastic member 424 is capable of providing elastic force, i.e. biasing force, to the manipulation part 406) and disposed outside the body (elastic member 424 is disposed outside walls 218 of body; figs. 4a-4b).
Though Muir discloses the filter part in the body, Muir does not explicitly disclose a first cyclone part and a second cyclone part included in the body. Muir does disclose the separation part may not be a pleated filter or perforated filter, as currently shown, and instead, may be a cyclonic a separator or multistage cyclonic separator (pp. [0035]).
Smith (US 2013/0091814) teaches a cleaner (item 2; fig. 1) comprising a suction part (item 126; figs. 1-2), a body (item 8; figs. 1-5) having a first cyclone part (item 160; pp. [0101]; fig. 9A) configured to separate dust from air suctioned through the suction part (pp. [0105]; first cyclone part 160 is capable of separating dust from air suctioned through suction part 126 via helical, i.e. cyclonic, path; fig. 9A-9B); a second cyclone part (item 150; pp. [0101]; fig. 9A) configured to separate dust from air discharged from the first cyclone part (pp. [0102-0103]; second cyclone part 150 receives air from first cyclone part 160; fig. 9B); a dust container (defined as inner cavity of container 120; pp. [0102]; fig. 9A) configured to store the dust, and a filter part (item 90; pp. [0083-0084]; figs. 3-4) disposed in the body (filter part disposed in body 8; figs. 2-4) and configured to filter air that is separated from the dust in the first cyclone part (filter part is capable of filtering airflow from cyclonic airflow, i.e. first cyclone part 160, via perforations; fig. 9B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the singular pleated filter, as disclosed in Muir, with the multistage cyclonic separator (i.e. first and second cyclone parts) with a filter part, as taught in Smith, to achieve the predictable result of separating the dust and debris from the suctioned airflow.
Regarding claim 2, Muir as modified discloses the cleaner as claimed in claim 1, wherein a portion of the elastic member is disposed at a lateral side of the body (lateral side designated in annotated fig. 5a below) in a state in which the manipulation part is manipulated (defined as state in position of figs. 4b and 5b; elastic member 424 is disposed at lateral side when at lower position, i.e. manipulated position), a center axis of a cyclonic flow of the first cyclone part (as modified from Smith above; defined along vertical direction of body in Muir, i.e. along axis A-A, figs. 4a-4b) is along a vertical direction (along axis A-A; fig. 4a) and the body cover is positioned at a lower side of the first and second cyclone parts (body cover 324 is at lower side of both cyclone parts, as modified from Smith above).
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First Annotated Fig. 5a.
Regarding claim 3, Muir as modified discloses the cleaner as claimed in claim 2, wherein the portion of the elastic member is disposed at a lateral side of the second cyclone part in a state in which the manipulation part is manipulated (as modified above by Smith, second cyclone part is within body walls 218 of Muir; therefore, at least a portion of elastic member 424 is disposed at, i.e. near, lateral right side of second cyclone part in the position of figs 4b and 5b, i.e. a state in which manipulation part 406 is manipulated downwards by user; similar to applicant’s disclosure, fig. 17 in instant disclosure), the center axis of the cyclonic flow of the first cyclone part is arranged along the vertical direction and the body cover is positioned at the lower side of the first and second cyclone parts (cyclonic flow axis is arranged vertically, i.e. along axis A-A in Muir, and body cover 324 is at lower side of both first and second cyclone parts, as modified by Smith above).
Regarding claim 4, as best understood, Muir as modified discloses the cleaner as claimed in claim 3, wherein the portion of the elastic member is disposed at the lateral side of the second cyclone part at a manipulation standby position (defined as position in view of figs. 4a and 5a when manipulation part 406 is not pushed down by user) of the manipulation part (as modified above by Smith, second cyclone part is within body walls 218 of Muir; therefore, the portion of elastic member 424 is disposed at, i.e. near, lateral right side of second cyclone part in the position of figs 4a and 5a; similar to applicant’s disclosure, fig. 17 in instant disclosure).
Regarding claim 5, Muir as modified discloses the cleaner as claimed in claim 2, wherein the portion of the elastic member is disposed at a lateral side of the dust container (similar to applicant’s disclosure; lateral side of dust container is same as lateral side of body, designated in annotated fig. 6a above) in a state in which the manipulation part is manipulated (defined as position in view of figs. 4b and 5b), the center axis of the cyclonic flow of the first cyclone part is arranged along the vertical direction and the body cover is positioned at the lower side of the first and second cyclone parts (cyclonic flow axis is arranged vertically, i.e. along axis A-A in Muir, and body cover 324 is at lower side of both first and second cyclone parts, as modified by Smith above).
Regarding claim 6, Muir as modified discloses the cleaner as claimed in claim 1, wherein the elastic member is disposed outside the first cyclone part (as modified above by Smith, first cyclone part is within body walls 218 of Muir; therefore, elastic member 424 is disposed outside of walls 218, thereby outside of first cyclone part) and at a lateral side of the first cyclone part (defined as right lateral side of first cyclone part in Smith) in a state in which a center axis of a cyclonic flow of the first cyclone part is arranged along a vertical direction and the body cover is positioned at the lower side of the first and second cyclone parts (defined as state in view of figs. 4a-5b wherein cyclonic axis, as modified by Smith, is vertical, i.e. along A-A in Muir, and body cover 324 is at a lower end of cyclone parts).
Regarding claim 7, Muir as modified discloses the cleaner as claimed in claim 1, wherein the elastic member is configured to contact one surface of the manipulation part (designated in second annotated fig. 5a below).
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Second Annotated Fig. 5a.
Regarding claim 8, Muir as modified discloses the cleaner as claimed in claim 1, wherein the elastic member comprises a coil spring (pp. [0051]; elastic member 424 is a coil spring) and moves in a direction parallel to a center axis of a cyclonic flow of the first cyclone part (as modified by Smith, cyclonic flow axis extends along vertical direction, i.e. along axis A-A in Muir, and coil spring moves with manipulation part 406 and transfer part 416 along vertical direction, i.e. parallel to cyclonic axis, figs. 4a-4b).
Regarding claim 9, Muir as modified discloses the cleaner as claimed in claim 8, further comprising a bar (item 412; fig. 4a) located in a space defined by the coil spring (spaced defined as width between left and right outer boundaries of coil spring 424; designated in annotated fig. 4a below).
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Annotated Fig. 4a.
Regarding claim 10, Muir as modified discloses the cleaner as claimed in claim 8, wherein the bar is coupled to the manipulation part (via intermediate components, i.e. items 408 and 604; figs. 4a and 5a).
Regarding claim 11, Muir as modified discloses the cleaner as claimed in claim 8, wherein the bar is disposed at a lateral side of the dust container (similar to applicant’s disclosure in which lateral side of dust container is same as lateral side of body; therefore, lateral side of dust container defined as lateral side of body in annotated fig. 6a above) and the filter part (as modified by Smith above; defined as lateral right side of filter 90) in a state in which the center axis of the cyclonic flow of the first cyclone part is arranged along the vertical direction and the body cover is positioned at the lower side of the first and second cyclone parts (state defined as position in view of figs. 4a-5b wherein cyclonic flow is arranged along vertical direction, i.e. along axis A-A in Muir, and body cover 324 is at lower side of both cyclone parts, as modified by Smith above) .
Regarding claim 12, Muir as modified discloses the cleaner as claimed in claim 1, further comprising an extension body (designated in second annotated fig. 6a below as gray highlighted body) configured to define a space for accommodating the elastic member (extension body extends from body and manipulation part 406 to define an internal space for accommodating elastic member 424; figs. 4a, 5a, and 6a).
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Second Annotated Fig. 6a.
Regarding claim 13, Muir as modified discloses the cleaner as claimed in claim 12, wherein the extension body is configured to move upward and downward together with the manipulation part (figs. 6a-6b; extension body moves vertically, i.e. upward and downward, via user pressing manipulation part 406).
Regarding claim 14, Muir as modified discloses the cleaner as claimed in claim 1, further comprising a cover body (designated by gray highlighted portion in second annotated fig. 6 above) configured to surround at least a portion of the elastic member (cover body surrounds entire elastic member 424; figs. 4a, 5a, and 6a).
Regarding claim 15, Muir as modified discloses the cleaner as claimed in claim 14, the cover body includes an elastic member supporting surface (defined as internal surface of cover body; figs. 4a-5b) on which one end of the elastic member is disposed (left end of elastic member 424 in view of figs. 4a-4b is disposed on a portion of elastic member supporting surface).
Regarding claim 16, Muir as modified discloses the cleaner as claimed in claim 1, wherein the transfer part is spaced apart from the elastic member in a horizontal direction (defined as horizontal direction in view of figs 4a-4b; designated in second annotated fig. 4a below) and disposed outside the elastic member (transfer part 416 is disposed outside, i.e. separate from, elastic member 424; figs. 4a-4b).
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Second Annotated Fig. 4a.
Regarding claim 17, Muir as modified discloses the cleaner as claimed in claim 1, further comprising a suction motor (item 300; fig. 3) to generate suction force (pp. [0031]), wherein at a manipulation standby position of the manipulation part (defined as position in view of figs. 3, 4a and 5a), a portion of the elastic member and a portion of the suction motor lie in a same plane (designated in annotated fig. 3 below).
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Annotated Fig. 3.
Regarding claim 18, Muir as modified discloses the cleaner as claimed in claim 17, wherein the suction motor is disposed at an upper side of the second cyclone part (as modified by Smith above, second cyclone part is disposed in walls 218 of dust container and thereby, when oriented in position of figs. 1-2, suction motor 300 is disposed above and at an upper side of second cyclone part).
Regarding claim 19, Muir as modified discloses the cleaner as claimed in claim 1, wherein at a manipulation standby position (defined as position of fig. 3a when cleaner is oriented horizontally; fig. 3 above) of the manipulation part, an upper end of the elastic member (defined as uppermost boundary of elastic member 424 in view of annotated fig. 3 above) is positioned higher than the second cyclone part (as modified by Smith above, second cyclone part is disposed in walls 218 of dust container and thereby, upper end of elastic member in manipulation standby position is above second cyclone part within walls 218).
Regarding claim 20, Muir as modified discloses the cleaner as claimed in claim 1, wherein another portion of the elastic member (defined as lowermost boundary of elastic member 424 in view of figs. 4a-4b, i.e. cleaner is vertically oriented) is positioned lower than the filter part in a state in which the center axis of cyclonic flow of the first cyclone part is arranged along the vertical direction and the body cover is positioned at a lower side of the first and second cyclone parts (defined as state in view of figs. 4b and 5b when cyclonic axis is vertically arranged i.e. along axis A-A in Muir, and body cover 324 is at lower side of both cyclone parts and manipulation part 406 and elastic member 424 are disposed at lower portion of body, thereby another portion of elastic member, i.e. lowermost boundary portion, is disposed below filter).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,082,765. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant application, claim 1
US Patent No. 12,082,765, claim 1
Claim 1, ll. 1-2: A cleaner comprising a main body including:
Claim 1, ll. 1-2: A cleaner comprising a main body including:
Claim 1, ll. 3: a suction part;
Claim 1, ll. 3: a suction part;
Claim 1, ll. 4-8: a body comprising:
a first cyclone part configured to separate dust from air suctioned through the suction part;
a second cyclone part configured to separate dust from air discharged from the first cyclone part;
Claim 1, ll. 6-10: a body comprising:
a first cyclone part configured to separate dust from air suctioned through the suction part;
a second cyclone part configured to separate dust from air discharged from the first cyclone part;
Claim 1, ll. 9-10: a dust container configured to store the dust separated by the first and second cyclone parts; and
Claim 1, ll. 11-12: a dust container configured to store the dust separated by the first and second cyclone parts; and
Claim 1, ll. 11-12: a body cover configured to open or close a lower portion of the body;
Claim 1, ll. 13-14: a body cover configured to open or close a lower portion of the body;
Claim 1, ll. 13-14: a filter part disposed in the body and configured to filter air that is separated from the dust in the first cyclone part;
Claim 1, ll. 15-16: a filter part disposed in the body and configured to filter air that is separated from dust in the first cyclone part;
Claim 1, ll. 15-16: a movable part configured to move along a space between an outer portion of the filter and an inner circumference surface of the body;
Claim 1, ll. 17-19: a movable part configured to move along a space between an outer portion of the filter and an inner circumference surface of the body;
Claim 1, 17-18: a handle part coupled to the main body, the handle part comprising a handle body;
Claim 1, ll. 4-5: a handle part coupled to the main body, the handle part comprising a handle body;
Claim 1, ll. 19-21: a manipulation part disposed outside the main body and configured to move the movable part, wherein the manipulation part is configured to be move independently of the handle part;
Claim 1, ll. 20-23: a manipulation part disposed outside the main body and configured to move the movable part, wherein the manipulation part is configured to be move independently of the handle part;
Claim 1, ll. 22-24: a transfer part passing through the main body and coupled to the movable part to transfer a manipulation force of the manipulation part to the movable part; and
Claim 1, ll. 24-26: a transfer part passing through the main body and coupled to the movable part to transfer a manipulation force of the manipulation part to the movable part;
Claim 1, ll. 25-26: an elastic member configured to provide an elastic force to the manipulation part and disposed outside the body.
Claim 1, ll. 27-28: an elastic member configured to provide an elastic force to the manipulation part; and
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 11,672,394 in view of Smith (US 2013/0091814).
Claim 13 of US ‘394 discloses the recited claimed structure of claim 1 in instant application, as shown in table below, but does not explicitly disclose a second cyclone part configured to separate dust from air discharged from the first cyclone part. However, Smith (US 2013/0091814) teaches a cleaner (item 2; fig. 1) comprising a suction part (item 126; figs. 1-2), a body (item 8; figs. 1-5) having a first cyclone part (item 160; pp. [0101]; fig. 9A) configured to separate dust from air suctioned through the suction part (pp. [0105]; first cyclone part 160 is capable of separating dust from air suctioned through suction part 126 via helical, i.e. cyclonic, path; fig. 9A-9B); a second cyclone part (item 150; pp. [0101]; fig. 9A) configured to separate dust from air discharged from the first cyclone part (pp. [0102-0103]; second cyclone part 150 receives air from first cyclone part 160; fig. 9B); a dust container (defined as inner cavity of container 120; pp. [0102]; fig. 9A) configured to store the dust.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaner, as disclosed in US’394, with a second cyclone part, as taught in Smith, to efficiency separate dust and debris from the suctioned airflow and prevent damage to the suction source as airflow exhausts through.
Instant application, claim 1
US Patent No. 11,672,394, claim 13
Claim 1, ll. 1-3: A cleaner comprising a main body including: a suction part;
Claim 1, ll. 1-3: A cleaner comprising: a suction part; a main body including:
Claim 1, ll. 4-8: a body comprising:
a first cyclone part configured to separate dust from air suctioned through the suction part;
Claim 1, ll. 4-6: a body…the body comprising a cyclone part configured to separate dust from air suctioned through the suction part;
(cyclone part of US’394 = first cyclone part of instant disclosure)
Claim 1, ll. 7-8: a second cyclone part configured to separate dust from air discharged from the first cyclone part;
** It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaner to include a second cyclone part…as taught in from Smith above **
Claim 1, ll. 9-10: a dust container configured to store the dust separated by the first and second cyclone parts; and
Claim 1, ll. 7-8: a dust container configured to store the dust separated by the cyclone part; and
**second cyclone part = as taught in from Smith above **
Claim 1, ll. 11-12: a body cover configured to open or close a lower portion of the body;
Claim 1, ll. 3-4: a body cover configured to open or close a lower portion of the body…
Claim 1, ll. 13-14: a filter part disposed in the body and configured to filter air that is separated from the dust in the first cyclone part;
Claim 1, ll. 9-10: a filter part disposed in the body and configured to filter air that is separated from dust in the cyclone part;
Claim 1, ll. 15-16: a movable part configured to move along a space between an outer portion of the filter and an inner circumference surface of the body;
Claim 1, ll. 11-13: a movable part configured to move along a space between an outer portion of the filter part and an inner circumference surface of the body in the body;
Claim 1, 17-18: a handle part coupled to the main body, the handle part comprising a handle body;
Claim 1, ll. 9-10: a handle part coupled to the main body, the handle part comprising a handle body…
Claim 1, ll. 19-21: a manipulation part disposed outside the main body and configured to move the movable part, wherein the manipulation part is configured to be move independently of the handle part;
Claim 1, ll. 14-17: a manipulation part disposed radially outside the main body and configured to be manipulated for moving the movable part, and the manipulation part is configured to be moved independently of the handle part;
Claim 1, ll. 22-24: a transfer part passing through the main body and coupled to the movable part to transfer a manipulation force of the manipulation part to the movable part; and
Claim 1, ll. 18-19: a transfer part passing through the main body and connecting the movable part to the manipulation part,
Claim 1, ll. 25-26: an elastic member configured to provide an elastic force to the manipulation part and disposed outside the body.
Claim 13 (dependent on claim 1), ll. 1-3: the elastic member provides an elastic force on the manipulation part.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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/SIDNEY D FULL/Examiner, Art Unit 3723
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