DETAILED ACTION
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 .
Claim Rejections - 35 USC § 112
Claims 18-32 are 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.
Regarding claim 18, it is unclear to examiner what the metes and bounds of the limitation “the inlet connector is integral directly on the dirt container” are. Does this mean that the inlet connector is directly contacting the dirt container? If so, examiner notes that this would then be subject to a drawing objection as Fig. 1 of Applicant’s supplied drawings shows the inlet fitting directly contacting the dirt container and the only distinguishing line shown in Fig. 1 to separate where the inlet fitting ends and the inlet connector begins is separated from any wall of the dirt container. This also would create a drawing objection issue with the limitation of “the inlet connector is arranged exclusively in the volume” as recited in claim 23 as this would then require that the inlet connector is only in direct contact with the inner surface of the wall of the dirt container, which would require either a mounting plate of some kind or the inlet opening of the inlet connector would have to be a larger diameter than the Q2 diameter shown in Fig. 2, and neither of those situations are shown in Applicant’s supplied drawings. For the sake of compact prosecution and for use in this office action, examiner is interpreting “the inlet connector is integral directly on the dirt container” to be --the inlet connector is integrally connected with the dirt container--.
Regarding claim 21, it is unclear to examiner if “a diffuser opening” is the same or different diffuser opening than the “a diffuser opening” recited in claim 18. For the sake of compact prosecution, and for use in this office action, examiner is interpreting “the inlet connector has a diffuser opening, a wall spacing of the diffuser opening” to be --a wall spacing of the diffuser opening--.
Regarding claim 29, it is unclear to examiner what the metes and bounds of the limitation “the inflow opening is inclined in relation to a planar top surface of the end portion”. The inflow opening is shown in Fig. 2 of Applicant’s drawings as element 30, but element 30 points to an empty space within element 29. Therefore, it is unclear to examiner how an empty space (i.e. the inflow opening) is inclined in relation to any surface, including the claimed “planar top surface of the end portion”.
Claims 19-20, 22-28, and 30-32 are rejected as being dependent on a rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 18-26 are rejected under 35 U.S.C. 103 as being unpatentable over Yuen (US20060010639).
Regarding claim 18, Yuen discloses a wet and dry vacuum cleaner comprising:
a vacuum cleaner head (Fig. 2 element 1, 0040) having a dirt container (Fig. 2 elements 22 and 51) and having an inlet fitting (Fig. 2 element 34, 0047) designed for the connection of a suction hose (Fig. 7 element 33, 0046-0047), the inlet fitting being connected in terms of flow to an inlet connector (Fig. 2 elements 35 and 52, 0046) situated in the wet and dry vacuum cleaner such that dirt particles drawn in can pass via the inlet connector into the dirt container (Fig. 2),
the inlet connector being designed as a diffuser (Fig. 2, the shape of the inlet connector is the same elbow shape as applicant’s inlet connector (see Fig. 1 of Applicant’s drawings) and the suction flow is directed at a side wall of the dirt container (see annotated Fig. 2 below) which is the same design as applicant’s and, as best understood by examiner, these are the elements which Applicant considers to be the design of the diffuser) with horizontal outflow (Fig. 2);
a diffuser opening of the diffuser (see annotated Fig. 7 below);
wherein the inlet connector is integrally connected with the dirt container (Fig. 2, where the inlet connector is integrally connected with the dirt container through element 34).
Yuen fails to disclose a cross-sectional area of a diffuser opening of the diffuser is at least 50 percent larger than a cross-sectional area of the inlet fitting in a region of the wall passage into the dirt container. However, it 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 to configure the size/shape of the device to suit a particular application based on basic engineering principles & intended use, such as reducing speed of airflow entering a dirt container to prevent settled dirt in the dirt container from kicking up, including sizes of the diffuser opening and inlet opening having the claimed relationship.
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Regarding claim 19, Yuen, as modified, discloses the limitations of claim 18, as described above, and further discloses a suction flow (see annotated Fig. 2 above) through the inlet connector designed as the diffuser is directed toward an inner wall of the dirt container (see annotated Fig. 2 above).
Regarding claim 20, Yuen, as modified, discloses the limitations of claim 19, as described above, and further discloses the inner wall of the dirt container is a side wall of the dirt container (see annotated Fig. 2 above).
Regarding claim 21, Yuen discloses the limitations of claim 19, as described above, but fails to disclose a wall spacing of the diffuser opening with respect to the inner wall being less than one fifth of a container width of the dirt container. However, it 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 to configure the size/shape of the device to suit a particular application based on basic engineering principles & intended use, including a wall spacing relative to tank diameter to affect diffusing, (depending on part size limitations), including configurations which corresponded to the claimed ratio.
Regarding claim 22, Yuen, as modified, discloses the limitations of claim 18, as described above, and further discloses the inlet connector is arranged in a volume defined by the dirt container (see annotated Fig. 2 above).
Regarding claim 23, Yuen, as modified, discloses the limitations of claim 22, as described above, and further discloses the inlet connector is arranged exclusively in the volume (see annotated Fig. 2 above, where examiner interprets exclusively in the volume to mean that the entirety of the inlet connector is within the volume of the dirt container).
Regarding claim 24, Yuen, as modified, discloses the limitations of claim 18, as described above, and further discloses an electric turbine (Fig. 2 elements 3 and 4, 0040) arranged in the vacuum cleaner head (Fig. 2).
Regarding claim 25, Yuen, as modified, discloses the limitations of claim 18, as described above, and further discloses a dirt filter (Fig. 2 element 7, 0040) positioned, in relation to the suction flow, downstream of the inlet connector (Fig. 2).
Regarding claim 26, Yuen, as modified, discloses the limitations of claim 18, as described above, and further discloses the inlet connector is a single piece (Fig. 2, where the two sub-pieces (52 and 35) are joined together to create a single piece as shown in Fig. 2).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Yuen (US20060010639) in view of Lackner (US4877432).
Regarding claim 27, Yuen discloses the limitations of claim 18, as described above, but fails to disclose the inlet connector is composed of plastic. Lackner is also concerned with a vacuum cleaning device and teaches the inlet connector is composed of plastic (Fig. 2 element 19, 3:40-41). It 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 to have the inlet connector of Yuen composed of plastic, as taught by Lackner, to provide effective functionality as a vacuum connector. Additionally, examiner indicates it has been held to be within the general skill of a worker in the art to select known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Claims 28-37 are rejected under 35 U.S.C. 103 as being unpatentable over Yuen (US20060010639) in view of Jerabek (US3921250).
Regarding claim 28, Yuen discloses the limitations of claim 16, as described above, and further discloses the inlet connector has an end portion (Fig. 2 element 52) in a region of the diffuser opening (Fig. 2 and see annotated Fig. 7 above), wherein the end portion has an inflow opening for the suction flow (see annotated Fig. 7 above) and has an outflow region (see annotated Fig. 7 above).
Yuen fails to disclose that the outflow region includes two outflow openings.
Jerabek is also concerned with a vacuum cleaning device and teaches an end portion (Fig. 2, element 24) wherein the end portion has an inflow opening (Fig 3 the opening defined by element 25) for the suction flow (examiner considers this to be intended use and the inflow opening (25) is capable of suction flow) and has an outflow region (Fig. 3, cavity portion of end portion (24)) including two outflow openings (see annotated Fig. 3 below). It 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 to modify the Inlet connector of Yuen by replacing the end portion of Yuen with the end portion of Jerabek which comprises two outflow openings because Jerabek teaches that an end portion which has two outflow openings reduces the amount of settled debris movement at the bottom of the dirt container.
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Regarding claim 29, Yuen, as modified, discloses the limitations of claim 28, as described above, and further discloses the inflow opening is inclined in relation to a planar top surface of the end portion (Jerabek, see annotated Fig. 3’ below, 3:5-10 and claim 1; the planar top surface indicated in annotated Fig. 3’ below is inclined relative to the inflow opening, and therefore the inflow opening is inclined relative to the planar top surface).
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Regarding claim 30, Yuen, as modified, discloses the limitations of claim 28, as described above, and further discloses the outflow openings include in each case one wall region (Jerabek, see annotated Fig. 3’’ below; the wall regions are an internal surface of the end portion having generally the same shape as the planar top surface shown in annotated Fig. 3’’ below), wherein the wall regions of the outflow openings are parallel to a planar top surface (Jerabek, see annotated Fig. 3’’ below, where the wall regions shown are in the same plane as the planar top surface and are therefore parallel) of the end portion of the inlet connector.
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Regarding claim 31, Yuen, as modified, discloses the limitations of claim 28, as described above, and further discloses the end portion is, via a shape, designed to divert a direction of the suction flow (Jerabek, Fig. 3, where the T-shape of end region (24) diverts suction flow).
Regarding claim 32, Yuen, as modified, discloses the limitations of claim 28, as described above, but fails to disclose the inflow opening of the end portion is arranged above a maximum fill level of the dirt container. However, it 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 to configure a maximum fill level, based on the particular device application and material being collected, to include fill levels below the inflow opening, depending on user preference.
Regarding claim 33, Yuen discloses a wet and dry vacuum cleaner comprising:
a vacuum cleaner head (Fig. 2 element 1, 0040) having a dirt container (Fig. 2 elements 22 and 51) and having an inlet fitting (Fig. 2 element 34, 0047) designed for the connection of a suction hose (Fig. 7 element 33, 0046-0047), the inlet fitting being connected in terms of flow to an inlet connector (Fig. 2 elements 35 and 52, 0046) situated in the wet and dry vacuum cleaner such that dirt particles drawn in can pass via the inlet connector into the dirt container (Fig. 2),
the inlet connector being designed as a diffuser (Fig. 2, the shape of the inlet connector is the same elbow shape as applicant’s inlet connector (see Fig. 1 of Applicant’s drawings) and the suction flow is directed at a side wall of the dirt container (see annotated Fig. 2 above) which is the same design as applicant’s and, as best understood by examiner, these are the elements which Applicant considers to be the design of the diffuser) with horizontal outflow (Fig. 2), wherein the inlet connector has an end portion (Fig. 2 element 52) having an inflow opening (see annotated Fig. 7 above)
Yuen fails to disclose the end portion surrounding the inflow opening having an imaginary virtual central axis inclined in relation to a surface normal of a planar top surface of the end portion.
Jerabek is also concerned with a vacuum cleaning device and teaches an end portion (Fig. 2 element 24) having an inflow opening (Fig. 3 the opening defined by element 25), the end portion surrounding the inflow opening having an imaginary virtual central axis inclined in relation to a surface normal of a planar top surface of the end portion (see annotated Fig. 3’ above for the planar top surface and see annotated Fig. 3’’’ below for the imaginary virtual central axis and surface normal of the planar top surface, where the inclination is shown in annotated Fig. 3’’’ below and also described in 33:5-10 and claim 1). It 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 to modify the Inlet connector of Yuen by replacing the end portion of Yuen with the end portion of Jerabek which comprises two outflow openings and the inclined surface relative to the imaginary virtual central axis because Jerabek teaches that the end portion reduces the amount of settled debris movement at the bottom of the dirt container and Jerabek also teaches that the inclined, planar surface of the end portion contributes to minimizing the amount of air disturbance at the bottom of the dirt container.
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Regarding claim 34, Yuen, as modified, discloses the limitations of claim 33, as described above, and further discloses a suction flow (Yuen, see annotated Fig. 2 above) through the inlet connector designed as the diffuser is directed toward an inner wall of the dirt container (Yuen, see annotated Fig. 2 above).
Regarding claim 35, Yuen, as modified, discloses the limitations of claim 34, as described above, and further discloses the inner wall of the dirt container is a side wall of the dirt container (Yuen, see annotated Fig. 2 above).
Regarding claim 36, Yuen discloses the limitations of claim 34, as described above, and further discloses the inlet connector has a diffuser opening (Yuen, see annotated Fig. 7 above). Yuen fails to disclose a wall spacing of the diffuser opening with respect to the inner wall being less than one fifth of a container width of the dirt container. However, it 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 to configure the size/shape of the device to suit a particular application based on basic engineering principles & intended use, including a wall spacing relative to tank diameter to affect diffusing, (depending on part size limitations), including configurations which corresponded to the claimed ratio.
Regarding claim 37, Yuen discloses the limitations of claim 33, as described above, but fails to disclose a cross-sectional area of a diffuser opening of the diffuser is at least 50 percent larger than a cross-sectional area of the inlet fitting in a region of the wall passage into the dirt container. However, it 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 to configure the size/shape of the device to suit a particular application based on basic engineering principles & intended use, such as reducing speed of airflow entering a dirt container to prevent settled dirt in the dirt container from kicking up, including sizes of the diffuser opening and inlet opening having the claimed relationship.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CALEB A HOLIZNA whose telephone number is (571)272-5659. The examiner can normally be reached Monday - Friday 8:00-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached on 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A.H./
Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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