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 § 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, 2, 10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Udy et al (US 20180070785) and further in view of De Wit (CN 205625807, hereafter referred to as De Wit 1).
Regarding claim 1, Udy discloses a cleaner head for a vacuum cleaner, the cleaner head comprising:
a housing defining a suction chamber (item 22 in figure 19) comprising an outlet (item 36 in figure 18), wherein the housing comprises a first side (marked with item 25 in figure 19) and a second side (marked with item 12 in figure 19);
a first agitator element (item 18a in figure 19) being mounted for rotation (paragraph [0038] at least one rotating agitator) about a first axis (please see annotated figure 19 below); and
a second agitator element (item 18b in figure 19) being mounted for rotation about a second axis (please see annotated figure 19 below),
wherein the first agitator element is located at the first side of the housing, and the second agitator element is located at the second side of the housing (figure 19 and described in Paragraphs [0024] - [0030]).
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Udy fails to disclose the first agitator element comprising a first end and a second end, and has a shape which tapers towards the first end in a direction along the first axis of rotation.
De Wit 1 is also concerned with a vacuum cleaner that is designed to handle hair, and specifically teaches an agitator element comprises a first end and a second end, and has a shape which tapers towards the first end in a direction along the first axis of rotation (figure 6 tapering from right to left, Page 2, paragraph 4, of the included translation: “According to an exemplary embodiment, the outer surface of the additional layer is formed into a conical surface, so that the outer edge of the additional layer is tapered from one end to the other end.”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the roller structure of Udy with the tapered roller structure of De Wit 1 to aid in the handling of hair wrapped around the roller (paragraph 9 on page 2 and paragraph 4 on page 4 of the included translation).
Regarding claim 2, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1, wherein the second agitator (Udy item 18b in figure 19) element comprises a first end and a second end, and has a shape which tapers towards the first end in a direction along the second axis of rotation (De Wit 1: figure 6 tapering from right to left, Page 2 of the included translation: “According to an exemplary embodiment, the outer surface of the additional layer is formed into a conical surface, so that the outer edge of the additional layer is tapered from one end to the other end.”).
Regarding claim 10, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1. Udy further discloses the housing comprises a cover element (item 13 in figure 18) configured to cover an upper surface portion of one or more of the agitator elements.
Regarding claim 12, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1. Udy further discloses one or more of the agitator elements comprises bristles located on an outermost surface of the agitator element (item 40 in figure 18, paragraph [0042]).
Regarding claim 13, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1. Udy further discloses a vacuum cleaner (paragraph [0037]) comprising a cleaner head as claimed in claim 1.
Claims 3 and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Udy et al (US 20180070785) and De Wit 1 (CN 205625807) as applied to claim 1 above, and further in view of Hitzelberger et al (US 20050160556).
Regarding claim 3, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1 but fail to disclose that the first and second agitator elements are configured to rotate in opposite directions relative to one another in use.
Hitzelberger is also concerned with a vacuum that controls rollers, including counter rotating rollers, to aid in the cleaning process, and specifically teaches that the first and second agitator elements are configured to rotate in opposite directions relative to one another in use (paragraph [0008] controlling the speed and rotating or running two agitators in different directions).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Udy and De Wit 1 with the agitator control of Hitzelberger to improve the vacuums performance on different surfaces (Hitzelberger paragraph [0033]).
Regarding claim 6, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1 but fails to disclose a motor for rotating the first or second agitator element in use, wherein the motor is located at least partially within the first or the second agitator element.
Hitzelberger teaches a motor for rotating the first or second agitator element in use, wherein the motor is located at least partially within the first or the second agitator element (paragraph [0008] “Agitator motors may reside, or not, within an interior of the agitator”).
The only difference between the claimed invention and the prior art is that the prior art does not incorporate the hair handling agitators and the motor mounted in an agitator into a single combined apparatus. A person of ordinary skill in the art would have had the technological capabilities to incorporate both the hair handling agitators of Udy and the motor mounted in an agitator of Hitzelberger into a combined apparatus before the effective filing date of the claimed invention. No inventive effort would have been required. Furthermore, the resulting combined apparatus would yield predictable results. Even in the context of a combined apparatus, the features of the hair handling agitators of Udy and the motor mounted in an agitator of Hitzelberger would be expected to work as intended, with each element in the combined apparatus performing the same function as it did separately. No new functionality would arise from the combination. The functionality of the combined apparatus would be the same as if one had used the hair handling agitators of Udy in a vacuum cleaner and used an agitator with the motor placed inside it of Hitzelberger.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Udy with the counter rotating agitators taught in Hitzelberger to yield the predictable results of a hair handling agitator with the drive motor mounted within.
Regarding claim 7, the combination of Udy, De Wit 1, and Hitzelberger discloses the cleaner head according to claim 6, with Hitzelberger further teaching the first or second agitator (item 38 in figure 11) element is configured to rotate about the motor (item 40 in figure 11) in use (paragraph [0027]).
Regarding claim 8, the combination of Udy, De Wit 1, and Hitzelberger discloses the cleaner head according to claim 6, with Hitzelberger further teaching a transmission system configured to transmit drive from the motor to the first and second agitator elements in use (Figure 8b and paragraph [0035] use of a single motor with gearing to drive the two agitators).
Regarding claim 9, the combination of Udy, De Wit 1, and Hitzelberger discloses the cleaner head according to claim 6, with Hitzelberger further teaching a further motor, wherein the motor is located at least partially within the first agitator element and wherein the further motor is located at least partially within the second agitator element (figure 8a and paragraph [0035] each agitator has their own dedicated motor).
Claims 4, 5, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Udy and De Wit 1 as applied to claim 1 above, and further in view of De Wit (US20180289226, hereafter referred to as De Wit 2).
Regarding claim 4, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1. Udy further discloses the first end of the first agitator element comprises a free end (the free end is labeled 48 on item 18a in figure 19); the first agitator element is cantilevered (paragraph [0058] “one or more agitators may be coupled to and cantilevered from the gear train”). De Wit 1 discloses an agitator shape which tapers towards its first end in a direction along the third axis of rotation (figure 6 tapering from right to left, Page 2 of the included translation: “According to an exemplary embodiment, the outer surface of the additional layer is formed into a conical surface, so that the outer edge of the additional layer is tapered from one end to the other end.”);
However, the combination of Udy and De Wit 1 fail to disclose a third agitator element being mounted for rotation about a third axis, wherein:
the third agitator element comprises a first, free end and a second end; the first and third agitator elements are cantilevered from opposing sides of a first hub portion of the cleaner head at their respective second ends; and
wherein the first and third agitator elements are located at the first side of the housing.
De Wit 2 is also concerned with a vacuum cleaner that uses plural rollers, and specifically teaches a third agitator element being mounted for rotation about a third axis,
wherein: the third agitator element (item 24 in figures 3 and 4) comprises a first, free end (item 25 at the end of item 24 in figure 3) and a second end (near the item 22a in figure 3),
the first and third agitator are mounted to opposing sides of a first hub portion of the cleaner head at their respective second ends; and
wherein the first and third agitator elements are located at the first side of the housing (please see annotated De Wit 2 figure 4, below).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Udy and De Wit 1 with the two rows of agitators taught in De Wit 2 to yield the predictable results of a vacuum cleaner head with increased debris retention (De Wit 2: paragraph [0007]).
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Regarding claim 5, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1. Udy further discloses the first end of the second agitator element comprises a free end (labeled 48 on item 18b in figure 19); the first agitator element is cantilevered (paragraph [0058] “one or more agitators may be coupled to and cantilevered from the gear train”). De Wit 1 discloses an agitator shape which tapers towards its first end in a direction along the fourth axis of rotation (figure 6 tapering from right to left, Page 2 of the included translation: “According to an exemplary embodiment, the outer surface of the additional layer is formed into a conical surface, so that the outer edge of the additional layer is tapered from one end to the other end.”);
However, the combination of Udy and De Wit 1 fail to disclose a fourth agitator element being mounted for rotation about a fourth axis, wherein:
the fourth agitator element comprises a first, free end and a second end; the second and fourth agitator elements are cantilevered from opposing sides of a second hub portion of the cleaner head at their respective second ends; and
wherein the second and fourth agitator elements are located at the second side of the housing.
De Wit 2 teaches a fourth agitator element being mounted for rotation about a fourth axis, wherein:
the fourth agitator element (item 34 in figure 4) comprises a first, free end (labeled 35 on item 34 in figure 4) and a second end (near item 32a in figure 4),
the second and fourth agitator are mounted to opposing sides of a second hub portion of the cleaner head at their respective second ends; and
wherein the second and fourth agitator elements are located at the second side of the housing (please see annotated De Wit 2 figure 4, above).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Udy and De Wit 1 with the two rows of agitators taught in De Wit 2 to yield the predictable results of a vacuum cleaner head with increased debris retention (De Wit 2: paragraph [0007]).
Regarding claim 11, the combination of Udy and De Wit 1 discloses the cleaner head according to claim 1 but fail to disclose one or more of the agitator elements comprise a fabric covering.
De Wit 2 teaches one or more of the agitator elements comprise a fabric covering (page 3 lines 26-28).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Udy and De Wit 1 with the fibrous covering of De Wit 2 to increase the efficiency of the agitator to pick up debris (De Wit 2: page 3 lines 26-28).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20180168417 Cleaning robot with counter rotating agitators.
US 20190320865 Vacuum with 2 tapered agitators.
US 20140366292 Robot cleaner with plural agitators with a free end.
US 4654927 Sweeper with counter rotating agitators.
WO 2021256000 vacuum with 2 tapered cantilevered rollers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FREDERICK A HINDMAN whose telephone number is (571)270-5928. The examiner can normally be reached Monday - Friday, 730-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FREDERICK A. HINDMAN JR/ Examiner, Art Unit 3723
/BRIAN D KELLER/ Supervisory Patent Examiner, Art Unit 3723
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