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 .
Information Disclosure Statement
The information disclosure statement filed August 30, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered. In particular, the references KR 10-2001-0014433 and KR 10-2016-0100154-A were not found provided either with the instant application or the parent applications.
Claim Objections
Claim 1 objected to because of the following informalities:
On claim 1, line 23, “to vary amount of water” should read “to vary an amount of the water.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 1-19 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 1 recites the limitation "the user" in line 22. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed “the user” should read “a user.”
Claim 11 recites the limitation "the discharge of water" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, it has been assumed the limitation should read “a discharge of water.”
Claims 2-10 and 12-19 are rejected due to their dependence on claim 1.
Double Patenting
Claims 1-2, 13-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 7, 14-18, and 20-21 of U.S. Patent No. 12161283 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2, 13-19 of the instant application anticipate claims 1, 7, 14-18, and 20-21 of the reference patent, as described below.
Instant Application
Reference Patent
1. A cleaner comprising:
a cleaner body having a suction motor;
a nozzle that sucks in foreign substances and air from a floor surface by suction force of the suction motor;
and a connection tube connected to a rear portion of the nozzle and guiding foreign substances and air sucked from the nozzle to the cleaner body,
wherein the nozzle comprises:
a nozzle body having a front-rear suction passage extending in a front-rear direction of the nozzle so that the foreign substances and air are sucked in, and formed so that the front-rear suction passage is connected to the connection tube;
a rotation cleaning part provided so as to be rotatable below the nozzle body and having at least one rotation plate to which a mop is attached;
a driving device provided in the nozzle body and having a driving motor for rotating the rotation plate;
a water tank installed on an upper part of the nozzle body to store water;
a water supply passage provided inside the nozzle body to supply water from the water tank to the rotation cleaning part;
a water pump disposed in the water supply passage to control the water discharged from the water tank;
and a water adjusting switch positioned at a rear area of the nozzle body defined to be rearward of the water tank, and the water adjusting switch being formed to be exposed to outside so as to control an operation of the water pump by the user,
and wherein the water adjusting switch is formed to vary amount of water discharged from the water tank based on the operation of the user.
1. A cleaner comprising:
a suction motor;
a nozzle placed on a floor surface and sucking air containing foreign substances on the floor surface with a suction force generated by the suction motor;
and a connection tube connected to a central portion of a rear surface of the nozzle to guide air sucked from the nozzle to a cleaner body provided with the suction motor,
wherein the nozzle comprises:
a nozzle body having a suction passage configured to suction the air containing foreign substances, the nozzle body being connected to the connection tube;
a rotation cleaning part rotatably disposed below the nozzle body and provided with at least one rotation plate to which a rag is attached;
a water tank provided on an upper portion of the nozzle body and configured to store water;
a driving motor configured to rotate the at least one rotation plate and which is provided in the nozzle body to be spatially separated from the water tank and the suction passage;
a water supply passage provided in the nozzle body, the water supply passage being configured to supply the water of the water tank to the rotation cleaning part;
a water pump disposed on the water supply passage for controlling water discharged from the water tank;
and a water adjusting unit positioned at a rear portion of the nozzle body at a rear of the driving motor and a rear of the water tank to be exposed to a user,
wherein the water adjusting unit is configured to adjust an operation of the water pump and is formed to be movable at the rear portion of the nozzle body in a horizontal direction of the nozzle body.
Instant claim 2 is not patentably distinct from reference claim 7.
Instant claim 13 is not patentably distinct from reference claim 14.
Instant claim 14 is not patentably distinct from reference claim 15.
Instant claim 15 is not patentably distinct from reference claim 16.
Instant claim 16 is not patentably distinct from reference claim 17.
Instant claim 17 is not patentably distinct from reference claim 18.
Instant claim 18 is not patentably distinct from reference claim 20.
Instant claim 19 is not patentably distinct from reference claim 21.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 6, and 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung KR 20060083640 in view of Wheeler et al. US 20030233727 A1 (herein Wheeler).
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Jung Figure 2
Regarding claim 1, Jung teaches: a cleaner (200) comprising: a cleaner body (230) having a suction motor (210); a nozzle (1) that sucks in foreign substances and air from a floor surface by suction force of the suction motor (210); and a connection tube (1a) connected to a rear portion of the nozzle (1) and guiding foreign substances and air sucked from the nozzle to the cleaner body (230), wherein the nozzle (1) comprises: a nozzle body (10) having a front-rear suction passage (12) extending in a front-rear direction of the nozzle (1) so that the foreign substances and air are sucked in, and formed so that the front-rear suction passage (12) is connected to the connection tube (1a); a rotation cleaning part (70) provided so as to be rotatable below the nozzle body (10) and having at least one rotation plate (74) to which a mop (76) is attached; a driving device (50) provided in the nozzle body (10) and having a driving motor (50) for rotating the rotation plate (70); a water tank (80) installed on an upper part of the nozzle body (10) to store water; a water supply passage (83) provided inside the nozzle body (10) to supply water from the water tank (80) to the rotation cleaning part (70); and a water adjusting switch (82) positioned at a rear area of the nozzle body (10) defined to be rearward of the water tank (80), and wherein the water adjusting switch (82) is formed to vary amount of water discharged from the water tank (80) based on the operation of a user (English Translation, pg. 7, ln 2; as an on/off switch the water adjusting switch varies the amount of water between an operation amount and 0).
Jung does not teach a water pump disposed in the water supply passage.
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Wheeler Figure 1
However, in a related device, Wheeler teaches a cleaner (10) with a water tank (44) and a supply passage (32) a water pump (22) disposed in the water supply passage (32) to control the water discharged from the water tank (44); and a water adjusting switch (28) positioned at a rear area of a body (14), and the water adjusting switch (28) being formed to be exposed to outside so as to control an operation of the water pump (22) by the user, and wherein the water adjusting switch (28) is formed to vary amount of water discharged from the water tank (44) based on the operation of a user (para 21, ln 1; ln 7). Wheeler further teaches that the pump advantageously drives water through the device to where it is used (para 5, ln 3-5). It would have been obvious to a person skilled in the art, prior to effective filing date of instant application, to apply the pump of Wheeler to the cleaner of Jung to advantageously drive water through the device to where it is used (para 5, ln 3-5) and to place said pump opposite the manipulation device of the cleaner (the connection tube 1a of Jung) from the switch as placed opposite the switch from the handle 18. Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions such that the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 2, the combination of Jung and Wheeler teaches the water adjusting switch (82 of Jung) includes a control substrate (90 of Wheeler) positioned in the other side area opposite to one side area where the water pump (24 of Jung, is positioned as such as combined) is positioned centered on the front-rear suction passage (12 of Jung), and wherein the control substrate (90 of Wheeler) electrically connects the water adjusting switch (82 of Jung) and the water pump (22 of Wheeler) to control the operation of the water pump (22 of Wheeler), based on an input of the water adjusting switch (82 of Jung).
Regarding claim 3, the combination of Jung and Wheeler teaches the water adjusting switch (82 of Jung) is positioned at an upper surface (top of 80 of Jung) of the rear area of the nozzle body (1).
Regarding claim 4, the combination of Jung and Wheeler teaches the water adjusting switch (82 of Jung) has a touch button (82 of Jung is a button operated by touch) on the upper surface (top of 80 of Jung) of the rear area of the nozzle body (1), and varies the amount of water discharged from the water tank depending on a number of times the touch button (82 of Jung) is touched (as a rocker touch button, one touch turns on the cleaner, a second turns it off).
Regarding claim 6, the combination of Jung and Wheeler teaches the water adjusting switch (82 of Jung) is provided at a position spaced apart from the connection tube (1a) to one side direction.
Regarding claim 12, the combination of Jung and Wheeler teaches the water tank (80 of Jung) is positioned on the upper part to cover an area where the driving device (50 of Jung) is positioned.
Regarding claim 13, the combination of Jung and Wheeler teaches the water tank (80 of Jung) forms a space for storing water supplied to the mop (76 of Jung) by forming an upper surface (top of 80 of Jung) of the nozzle (1 of Jung), and wherein a nozzle hole (32 of Jung) is formed on a lower surface (bottom of 10 of Jung) of the nozzle body (10 of Jung) so that an injection nozzle (lower portion of 83 of Jung) is positioned downward to discharge water from the water tank (80 of Jung) to an upper surface of the rotation plate (74 of Jung).
Regarding claim 14, the combination of Jung and Wheeler teaches the rotation plate (74 of Jung) includes a first rotation plate (70 of Jung on the right in figure 2) and a second rotation plate (70 of Jung on the left in figure 2) spaced apart from each other in a horizontal direction of the nozzle body (10 of Jung), and wherein the front-rear suction passage (12 of Jung) further includes a left-right suction passage (12 of Jung is depicted extending both front-back and left-right in figure 4) extending in the horizontal direction of the nozzle body (10 of Jung) in front of the rotation cleaning part (70 of Jung).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung KR 20060083640 in view of Wheeler et al. US 20030233727 A1 (herein Wheeler) as applied to claim 3 above, and further in view of Jeong KR 101710408 B1.
The combination of Jung and Wheeler teaches the limitations of claim 3 as claimed.
The combination of Jung and Wheeler does not teach a plurality of buttons.
However, in a related device, Jeong teaches a cleaner (50) with a plurality of touch buttons (11, 12). Jeong further teaches that these buttons advantageously allow a user to power on the device and control the water flow separately (English Translation, pg. 2, ln 31-32). It would have been obvious to a person skilled in the art, prior to effective filing date of instant application, to apply the plurality of buttons of Jeong to the combination of Jung and Wheeler, along the horizontal direction the button of the combination of Jung and Wheeler already is disposed, to advantageously allow a user to power on the device and control the water flow separately (English Translation, pg. 2, ln 31-32). Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions such that the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
Claim(s) 7-11, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung KR 20060083640 in view of Wheeler et al. US 20030233727 A1 (herein Wheeler) as applied to claim 1 above, and further in view of Kim KR 20150083850 A.
Regarding claim 7, the combination of Jung and Wheeler teaches the limitations of claim 1 as claimed.
The combination of Jung and Wheeler does not teach a discharge port offset to one side of the nozzle.
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Kim Figure 2
However, in a related device, Kim teaches a cleaner (10) with a water tank (11) is provided with a discharge port (port from which 241 is supplied) formed on one side of the center of the cleaner (10) to discharge water into a water supply passage (241), and wherein the discharge port (port from which 241 is supplied) is formed on a front bottom surface of the water tank (11; note that as depicted in figure 6, this would be where 241 attaches to tank 11) so as to correspond to a front area of a nozzle body (100) which is lower in height than the rear area of the nozzle body (100, as depicted in figure 1, the back of the nozzle is higher than the front). Kim further teaches that this advantageously allows for a pump to be disposed in the water supply passage outside the water tank (English Translation, pg. 5, ln 15-17). It would have been obvious to a person skilled in the art, prior to effective filing date of instant application, to apply the discharge port and water supply passage of Kim to the cleaner of the combination of Jung and Wheeler to advantageously allow for a pump to be disposed in the water supply passage outside the water tank (English Translation, pg. 5, ln 15-17). Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions such that the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 8, the combination of Jung, Wheeler, and Kim teaches the water pump (240 of Kim) and the discharge port (port from which 241 is supplied) are positioned on a same side area (a portion of 240 is position on the same side area) centered on the front-rear suction passage (12 of Jung).
Regarding claim 9, the combination of Jung, Wheeler, and Kim teaches the limitations of claim 8 as claimed.
The combination of Jung, Wheeler, and Kim does not teach the water pump positioned rearwardly of the discharge port.
However, it has been held that claims which read on the prior art except with regard to the position of a component are unpatentable when shifting the position of the component would not have modified the operation of the device (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); See MPEP 2144.04(VI)(C)). Further applicant does not appear to provide evidence that relocating the pump to the rear of the device would provide unpredictable results, rather emphasizing the design implications of the left-right position of the pump (instant specification, para 454).
Regarding claim 10, the combination of Jung, Wheeler, and Kim teaches the water supply passage (241 of Kim) includes a pump motor (as a pump 240 of Kim inherently has a motor) for driving the water pump (240 of Kim), and wherein the pump motor (as a pump 240 of Kim inherently has a motor) and the water pump (240 of Kim) are positioned on the same side area (240 is depicted without an external motor, meaning the motor and pump would be positioned together; both are positioned equally within the same side areas) centered on the front-rear suction passage (12 of Jung).
Regarding claim 11, the combination of Jung, Wheeler, and Kim teaches the discharge port (port from which 241 is supplied) is coupled with a valve manipulation part (62 of Wheeler) for controlling the discharge of water.
Regarding claim 19, the combination of Jung and Wheeler teaches the rotation cleaning part (70 of Jung) includes a first rotation cleaning part (70 of Jung on the right in figure 2) and a second rotation cleaning part (70 of Jung on the left in figure 2) which are arranged apart from each other along a horizontal direction of the nozzle body (10 of Jung).
The combination of Jung and Wheeler does not teach the water supply passage including a piping system as claimed.
However, in a related device, Kim teaches a cleaner (10) wherein a rotation cleaning part (300) includes a first rotation cleaning part (right instance of 330) and a second rotation cleaning part (left instance of 330) which are arranged apart from each other along a horizontal direction of a nozzle body (200), and wherein a water supply passage (241) includes: a supply pipe (the section of 241 after pump 240) connected to an outlet (connection of 241 to 11) of the water tank (11); a connector (240) connected to the supply pipe (241); a first branch pipe (right instance of 242) connected to the connector (two prong output of 240) and supplying water to the first rotation cleaning part (right instance of 330); and a second branch pipe (left instance of 242) connected to the connector (two prong output of 240) and supplying water to the second rotation cleaning part (left instance of 330), and wherein the supply pipe (241) includes a first supply pipe (portion of 241 before the pump 240) coupled to an inlet of a water pump (240); and a second supply pipe (internal portion of the output of 240 prior to the split) coupled to the outlet of the water pump (240) and the connector (two prong output of 240). Kim further teaches that this advantageously allows for a pump to be disposed in the water supply passage outside the water tank (English Translation, pg. 5, ln 15-17). It would have been obvious to a person skilled in the art, prior to effective filing date of instant application, to apply the discharge port and water supply passage of Kim to the cleaner of the combination of Jung and Wheeler to advantageously allow for a pump to be disposed in the water supply passage outside the water tank (English Translation, pg. 5, ln 15-17). Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions such that the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jung KR 20060083640 in view of Wheeler et al. US 20030233727 A1 (herein Wheeler) as applied to claim 14 above, and further in view of Sun CN 106388729 A.
Regarding claim 15, the combination of Jung and Wheeler teaches the limitations of claim 14 as claimed.
The combination of Jung and Wheeler does not teach the injection nozzle being closer to the left-right suction passage than the rotation center of the rotation plates.
However, in a related device, Sun teaches, a cleaner wherein an injection nozzle (87) is offset from one side of a rotation center (52) of a rotation plate (83). It would have been obvious to a person skilled in the art, prior to effective filing date of instant application, to substitute the offset injection nozzle of Sun for the central shaft injection nozzle of each rotation plate of the combination of Jung and Wheeler, such that the offset places the nozzle closer to the left-right suction passage than the rotation center of each rotation plate, with the substitution providing predictable results.
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Jung Figure 12, annotated
Regarding claim 16, the combination of Jung, Wheeler, and Sun teaches wherein the rotation plate (74 of Jung) includes a water blocking rib (see annotated figure 12 of Jung) formed to protrude upward from the upper surface of the rotation plate (74 of Jung), and wherein the water blocking rib (see annotated figure 12 of Jung) is formed to be positioned radially outside the injection nozzle (87 of Sun) based on the rotation center of the rotation plate (74 of Jung).
Regarding claim 17, the combination of Jung, Wheeler, and Sun teaches the rotation plate (74 of Jung) further includes a water passage hole (75 of Jung) through which water discharged from the injection nozzle (87 of Sun) passes, and wherein the water passage hole (75 of Jung) is arranged on an inside of the water blocking rib (see annotated figure 12 of Jung) based on the rotation center.
Regarding claim 18, the combination of Jung, Wheeler, and Sun teaches the lower surface (bottom of 81 of Sun) of the nozzle body (10 of Jung) is provided with a recessed groove (86 of Sun), wherein the nozzle hole (hole through which 87 of Sun passes) is formed in the recessed groove (86 of Sun), and wherein the injection nozzle (87 of Sun) is positioned in the nozzle hole (hole through which 87 of Sun passes) and arranged inside the recessed groove (86 of Sun).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kaleta et al. US 20090252546 A1 as it relates to a cleaner with a pump offset fully to one side.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRANT D HAY whose telephone number is (571)272-9510. The examiner can normally be reached Mon-Fri 8:30am-3:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 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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/G.D.H./ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723
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