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 .
Rejections 35 U.S.C. § 112
1. 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 13 recites the limitation "a single mutual spring member" in line 2 since it not clear whether this spring member differs from the spring member (70) as recited in in independent claim 1 in line 11. There is insufficient antecedent basis for this limitation in the claim.
Rejections 35 U.S.C. § 102
2. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication (2013/0315653) to Jalbert (cited by Applicant).
Regarding independent claim 1, Jalbert discloses a floor unit (102); at least a tool (pad) which is assigned to the floor unit (102) and which contacts a floor surface in an operating state (See paragraph [0033]); a guide member (110) for guiding the floor cleaning treatment device (100) by a user; and a joint assembly (108) with at least two pivot axes (107, 112), wherein the joint assembly (108) is configured to pivot the guide member (110) relative to the floor unit (102) about a first pivot axis (107) and to pivot the guide member (110) relative to the floor unit (102) about a second pivot axis (112) that is different than the first pivot axis (107) relative to the floor unit (102) (See paragraph [0033]-[0035]), wherein at least a spring member (176) for creating a spring force between the floor unit (102) and the guide member (110) is assigned to the joint assembly (108), and the spring force of the spring member (176) optionally supports or counteracts a movement of the guide member (110) relative to the floor unit (102) when the guide member (110) is pivoted about the first and/or the second pivot axis (107, 112) relative to the floor unit (102) (See paragraphs [0067]-[0070]).
Claims 1-15 and 24-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by German Patent Publication (102005032488) to Kaercher (cited by Applicant).
Regarding independent claim 1, Kaercher discloses a floor unit (12); at least a tool (22) which is assigned to the floor unit (12) and which contacts a floor surface in an operating state; a guide member (32) for guiding the floor cleaning treatment device (10) by a user; and a joint assembly (34) with at least two pivot axes (38, 40), wherein the joint assembly (16) is configured to pivot the guide member (34) relative to the floor unit (12) about a first pivot axis (38) and to pivot the guide member (32) relative to the floor unit (12) about a second pivot axis (40) that is different than the first pivot axis (38) relative to the floor unit (12), wherein at least a spring member (78) for creating a spring force between the floor unit (12) and the guide member (32) is assigned to the joint assembly (16), and the spring force of the spring member (78) optionally supports or counteracts a movement of the guide member (32) relative to the floor unit (12) when the guide member (32) is pivoted about the first and/or the second pivot axis (38, 40) relative to the floor unit (12) (See Abstract).
Regarding claim 2, Kaercher discloses that the first pivot axis (38) is substantially parallel to the floor surface.
Regarding claim 3, Kaercher discloses in that the second pivot axis (40) is transverse or skew to the first pivot axis (38) (See FIG. 2).
Regarding claim 4, Kaercher discloses in that the joint assembly (34) has a first pivot joint (65) defining the first pivot axis (38).
Regarding claim 5, Kaercher discloses in that the joint assembly (34) has a second pivot joint (46) defining the second pivot axis (40).
Regarding claim 6, Kaercher discloses in that the first and/or the second pivot joint (38, 40) has a neutral position (See FIG. 4).
Regarding claim 7, Kaercher discloses the guide member (32) relative to the floor unit (12) is disposed in such a way about the first pivot axis (38) in the neutral position of the first pivot joint (65) that a longitudinal axis (L) of the guide member (32) with a vertical axis (Z), which extends perpendicular to the floor unit (12) and perpendicular to the first pivot axis, includes an angle that ranges between 0° and 60° (See FIG. 2), preferably between 5° and 45°, most preferably between 15 and 30°.
Regarding claim 8, Kaercher discloses the guide member (34) relative to the floor unit (12) is disposed about the second pivot axis (40) in such a way in the neutral position of the second pivot joint (46) that the longitudinal axis of the guide member (34) with the first pivot axis (38) includes an angle of approximately 90° (See FIG. 3).
Regarding claim 9, Kaercher discloses the at least one spring member (78) keeps the guide member (32) in the neutral position regarding the first and/or the second pivot axis (38, 40) via the spring force (See FIG. 3).
Regarding claim 10, Kaercher discloses when pivoting the guide member (32) relative to the floor unit (12) out of the neutral position regarding the first and/or the second pivot axis(40) into at least one pivot direction of at least one spring member (78), a spring force, which initially increases via a first angular range regarding the first and/or the second pivot axis (40) and which either remains constant or decreases when exceeding the first angular range, is applied (See FIG. 3).
Regarding claim 11, Kaercher discloses in that the spring force of the at least one spring member (78) is substantially constant while the guide member (34) relative to the floor unit (12) is pivoted about the first or the second pivot axis (38, 40).
Regarding claim 12, Kaercher discloses that the spring force of the at least one spring member (78) is substantially variable, preferably variable in a non-linear way, while the guide member (34) relative to the floor unit (10) is pivoted about the first or the second pivot axis (38, 40).
Regarding claim 13, Kaercher discloses that a single mutual spring member (70) is assigned to the first and second pivot axis (38, 40).
Regarding claim 14, Kaercher discloses in that at least a separate spring member (55, 56) is assigned to each of the first and second pivot axes (38, 40).
Regarding claim 15, Kaercher discloses the spring members (55, 56) have the same or different spring characteristics (same characteristics).
Regarding claim 24, Kaercher discloses in that the at least one spring member (78) comprises a compression spring, a tension spring or a spring-damper member.
Regarding claim 25, Kaercher discloses in that the at least one spring member (78) may be activated and deactivated (compressed or released) (See FIG. 3).
Regarding claim 26, Kaercher discloses that the at least one spring member (78) is adjustable in its pretention, preferably in its pretension, so that the support effect of the at least one spring member (78) may be adjustable by the user if necessary (See FIG. 3).
Allowable Subject Matter
3. Claims 16-23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
4. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL D. JENNINGS whose telephone number is (571)270-1536. The examiner can normally be reached M-F 8-4:30pm. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. 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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MICHAEL DEANGILO. JENNINGS
Examiner
Art Unit 3723
/MICHAEL D JENNINGS/Primary Examiner, Art Unit 3723
Prosecution Insights