The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
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 use the word “means”, “step”, or a generic placeholder but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “push-pull connection mechanism” in Claims 1-4, “floor cleaning machine” in Claims 1-10, “machine head” in Claims 1-4, “machine body” in Claims 1 and 4-9, “rotating member” in Claims 1-3, “first connecting member” in Claims 1, 5, 6, 9, and 10, “rollable element” in Claim 2, “protective member” in Claims 2 and 3, “limiting member” in Claims 5-7, 9, and 10, “linkage member” in Claims 5. 9, and 10, “second connecting member” in Claims 6, 7, 9, and 10, “limiting members” in Claim 7, “unlocking member” in Claim 9, and “elastic member” in Claim 9.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends 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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 7, and therefore dependent Claim 8, 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 pre-AIA the applicant regards as the invention.
Claim 7 recites the limitation "the limiting parts" and “the limiting members”. There is insufficient antecedent basis for these limitations since they are previously claimed as being singular only.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1 and 3-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Windmeisser et al. US 2017/0135542 (hereafter Windmeisser et al.).
Regarding Claim 1, Windmeisser et al. anticipates:
1. (Original) A push-pull connection mechanism (lock 42) for a floor cleaning machine, wherein the floor cleaning machine comprises a machine head (floor cleaning tool 10) and a machine body (handle 34), and the push-pull connection mechanism (lock 42) comprises:
a rotating member (proximal end 36 of handle 34 which houses lock 42 assembly, Figure 8) rotatably mounted on the machine head (floor cleaning tool 10);
a first connecting member (first pawl 48) rotatably mounted on the rotating member (proximal end 36 of handle 34 which houses lock 42 assembly, Figure 8) by means of a rotating shaft (pin 60), a rotation axis (axis of pin 60) of the first connecting member (first pawl 48) being parallel to a rotation axis (handle axis 40) of the rotating member (proximal end 36 of handle 34 which houses lock 42 assembly, Figure 8), the machine body (handle 34) rotatably matching (rotate together due to pin 60 connection) the first connecting member (first pawl 48), and a rotation axis (pivotal rotation axis of actuator 78, 80, 82, or 84, Figure 12, that is connected to cable 62 for handle rotation) of the machine body (handle 34) being perpendicular to the rotation axis (axis of pin 60) of the first connecting member (first pawl 48).
Regarding Claim 3, Windmeisser et al. anticipates:
3. (Original) The push-pull connection mechanism (lock 42) for a floor cleaning machine according to claim 2, wherein the protective member (housing 12) is provided with a cylindrical inner side wall (outer cylindrical surface of gear 44 fixed to housing 12), the cylindrical inner side wall is provided with an arc-shaped groove (formed by gear teeth 46, Figure 8), and the rotating member (proximal end 36 of handle 34 which houses lock 42 assembly, Figure 8) is provided with a bump (teeth 54) extending into the arc-shaped groove (Figure 10), and the bump moves in the arc-shaped groove (pivots out of engagement) when the rotating member (proximal end 36 of handle 34 which houses lock 42 assembly, Figure 8) rotates relative to the machine head (floor cleaning tool 10).
Regarding Claim 4, Windmeisser et al. anticipates:
4. (Currently amended) A floor cleaning machine, comprising a machine head (floor cleaning tool 10), a machine body (handle 34), and a push-pull connection mechanism (lock 42) connecting the machine head (floor cleaning tool 10) and the machine body (handle 34), wherein the push-pull connection mechanism is the push-pull connection mechanism (lock 42) according to claim 1.
Regarding Claim 5, Windmeisser et al. anticipates:
5.(Original)The floor cleaning machine according to claim 4, further comprising a limiting structure (mechanism that locks and releases handle rotation), wherein the limiting structure comprises:
a positioning groove (grooves between teeth 46 of gear 44) arranged on the first connecting member (first pawl 48);
a limiting member (second pawl 52) movably arranged on the machine body (handle 34), and the limiting member (second pawl 52) being provided with
a limiting part (teeth 54) for being clamped into the positioning groove (grooves between teeth 46 of gear 44);
a linkage member (cable 62) being connected (through pin in groove shown in Figure 8) with the limiting member (second pawl 52) and used for driving the limiting member to move (cable 62 moves by actuation of actuator 78, 80, 82, or 84).
Regarding Claim 6, Windmeisser et al. anticipates:
6. (Original) The floor cleaning machine according to claim 5, wherein the machine body (handle 34) comprises a second connecting member (pin connected to cable 62, Figure 8), the limiting member (second pawl 52) is movably arranged, the second connecting member (pin connected to cable 62, Figure 8) is rotatably mounted (through groove for pin in first pawl 48 shown in Figure 8) on the first connecting member (first pawl 48), and a plurality of positioning grooves (grooves between teeth 46 of gear 44) are provided, and the plurality of positioning grooves are distributed at intervals around a rotation axis (axis 40 of teeth pattern) of the second connecting member (pin connected to cable 62, Figure 8).
Regarding Claim 7, Windmeisser et al. anticipates:
7. (Original) The floor cleaning machine according to claim 6, wherein the rotation axis (axis 40, handle, therefore cited second connecting member rotates relative to floor along axis 40) of the second connecting member (pin connected to cable 62, Figure 8) is arranged horizontally (Figure 8); the machine body (handle 34) is provided with a plurality of working positions (through engagement with different teeth 46 of gear 44), and when at different working positions, the angles between the machine body (handle 34) and the floor are different (Figures 6 and 7), and the limiting parts (teeth 54) of the limiting members (second pawl 52) are clamped into different positioning grooves (grooves between teeth 46 of gear 44).
Regarding Claim 8, Windmeisser et al. anticipates:
8. (Original) The floor cleaning machine according to claim 7, wherein the positioning groove (grooves between teeth 46 of gear 44) is provided with two limiting side walls (sidewalls of teeth 46, Figure 8), and the limiting side walls match the limiting part (teeth 54) to define the position of the limiting part (Figure 8);
at least one positioning groove (grooves between teeth 46 of gear 44) is a movable groove (groove between teeth 46 of gear 44 that is angularly offset from the topmost grooves shown in Figure 8 that receives teeth 54 in a position where the handle is locked at an angle different than the angle shown in Figure 8), and when the limiting part (teeth 54) is clamped into the movable groove, the limiting part (teeth 54) and at least one limiting side wall of the movable groove have a movable space, and the machine body (handle 34) can drive the limiting part (teeth 54) to rotate in the movable groove (can rotate about pin 60).
Regarding Claim 9, Windmeisser et al. anticipates:
9. (Original) The floor cleaning machine according to claim 6, wherein the limiting member (second pawl 52) is slidably arranged on the second connecting member (pin connected to cable 62, Figure 8), and the limiting structure (mechanism that locks and releases handle rotation) further comprises an elastic member (second spring 58) arranged on the second connecting member (not selected) or the machine body (handle 34) for driving the limiting member (second pawl 52) to slide toward one side of the first connecting member (first pawl 48);
the machine body (handle 34) is rotatably provided with an unlocking member ( actuator 78, 80, 82, or 84), one end of the linkage member (cable 62) is connected with the unlocking member ( actuator 78, 80, 82, or 84), and the rotation of the unlocking member ( actuator 78, 80, 82, or 84) enables the linkage member (cable 62) to drive the limiting member (second pawl 52) to slide to the side away from the positioning groove (grooves between teeth 46 of gear 44).
Regarding Claim 10, Windmeisser et al. anticipates:
10.(Original)The floor cleaning machine according to claim 6, wherein the second connecting member (pin connected to cable 62, Figure 8) is provided with a channel for the limiting member (second pawl 52) and the linkage member (cable 62) to pass through, a lower end of the second connecting member (pin connected to cable 62, Figure 8) is provided with two oppositely arranged connecting parts, the two connecting parts are respectively located on both sides of the first connecting member (first pawl 48), the two connecting parts rotatably match the first connecting member (first pawl 48) through a connecting shaft, the two connecting parts form an mounting groove, a bottom wall of the mounting groove is provided with a through hole communicated with the channel, and the limiting part penetrates the through hole;
the first connecting member (first pawl 48) is provided with at least one limiting block (slot for pin connected to cable 62, Figure 8), and the limiting block (slot for pin connected to cable 62, Figure 8) is used for cooperating with the second connecting member (second pawl 52) to define a rotation angle of the second connecting member (second pawl 52) relative to the first connecting member (first pawl 48)(different angles shown in Figure 8).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Windmeisser et al. US 2017/0135542 (hereafter Windmeisser et al.).
Regarding Claim 2, Windmeisser et al. teaches:
2. (Original) The push-pull connection mechanism (lock 42) for a floor cleaning machine according to claim 1, further comprising:
a positioning shaft (unshown shaft through gear 44 that provides structural strength to pivotal handle connection, see discussion below) mounted on the machine head (floor cleaning tool 10), wherein the rotating member (proximal end 36 of handle 34 which houses lock 42 assembly, Figure 8) is directly coated on the positioning shaft or is coated on the positioning shaft through a circumferentially rollable element (rotates about unshown shaft), and an axis of the positioning shaft is coincidental to the rotation axis (handle axis 40) of the rotating member (proximal end 36 of handle 34 which houses lock 42 assembly, Figure 8); and
a protective member (housing 12) positioned outside the positioning shaft (shaft would be inside housing 12, Figure 8), wherein at least part of the structure of the rotating member (proximal end 36 of handle 34 which houses lock 42 assembly, Figure 8) is positioned between the protective member (housing 12) and the positioning shaft (specifically area behind gear 44, Figure 9).
Windmeisser et al. teaches a handle 34 that is connected to floor cleaning tool 10 with a pivotally adjustable lock 42. Windmeisser discloses a housing 12 and a gear 44 that are fixed to the floor cleaning tool 10 and the proximal end 36 of handle 34 rotatably connected to the housing 12 and gear 44, however, he does not disclose how the parts are connected. It would have been an obvious matter of design choice to one having ordinary skill before the effective filing date of the claimed invention to employ a shaft, although not shown, through gear 44 that provides the structure to pivotally support the connection between the handle and the floor cleaning tool. That being said, the shaft meets the claim limitations of the positioning shaft as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in form PTO-892 Notice of References Cited. Specifically, the prior art references include pertinent disclosures of floor cleaners with pivotal handle positions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC CARLSON whose telephone number is (571)272-9963. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached on (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARC CARLSON/Primary Examiner, Art Unit 3723
Prosecution Insights