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 § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 10-11 and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linn et al. 5,294,276.
In regard to claim 1, Linn discloses (fig. 14) an agitator element 70 (“for a vacuum cleaner” is an intended use that carries little patentable weight in an apparatus claim. The agitator 70 of Linn is capable of being used with a vacuum cleaner and is therefore deemed to anticipate the intended use limitation of the claim), the agitator element comprising:
a support member 71 having opposed first and second end surfaces, and an elongate surface which extends between the first and second end surfaces, wherein the first end surface is located proximate a first end of the agitator element, and wherein the second end surface is located proximate a second end of the agitator element; and
agitation material 72 which extends away from the first end surface of the support member such that the outermost extremity of the agitation material defines the outermost extremity of the first end of the agitator element (see fig. 14).
In regard to claim 2, wherein the agitation material 72 comprises fabric which covers at least a portion of the first end surface (see fig. 14).
In regard to claim 3, wherein the first end surface surrounds a recessed portion of the support member (recessed space where 75 is located).
In regard to claim 4, wherein at least part of the fabric agitation material 72 extends from the first end surface into the recessed portion (see fig. 14).
In regard to claim 5, comprising a stud 75 located within the recessed portion, wherein an outer portion of the stud engages the fabric agitation material 72 located within the recessed portion.
In regard to claim 6, wherein the stud is integral with the support member (see fig. 11, where stud 48 is attached to the support member 11a).
In regard to claim 10, wherein agitation material 72 extends away from the elongate surface of the support member (see fig. 14).
In regard to claim 11, wherein at least a portion of the agitation material 72 which extends away from the elongate surface is continuous with at least a portion of the agitation material which extends away from the first end surface (see fig. 14).
In regard to claim 13, wherein agitation material 72 extends away from the second end
surface of the support member (right side of 71).
In regard 14, wherein the agitation material 72 which extends away from the second end surface comprises fabric which covers at least a portion of the second end surface, wherein the
second end surface surrounds a second recessed portion in the support member, and
wherein at least part of the fabric agitation material extends from the second end
surface into the second recessed portion (see fig. 14).
Claim(s) 1, 7, 10 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 01/32065.
In regard to claim 1, WO ‘065 discloses an agitator element 20 for a vacuum cleaner, the agitator element comprising:
a support member 21 having opposed first and second end surfaces, and an elongate surface which extends between the first and second end surfaces, wherein the first end surface is located proximate a first end of the agitator element, and wherein the second end surface is located proximate a second end of the agitator element; and
agitation material 25 which extends away from the first end surface of the support member such that the outermost extremity of the agitation material 25 defines the outermost extremity of the first end of the agitator element 20 (see fig. 2).
In regard to claim 7, wherein the agitation material 25 comprises a plurality of upstanding
bristles.
In regard to claim 10, wherein agitation material 25 extends away from the elongate surface of the support member 21.
In regard to claim 16, a cleaner head for a vacuum cleaner comprising an
agitator element according to any preceding claim 1.
In regard to claim 17, a cleaner head 12 for a vacuum cleaner, the cleaner
head comprising:
a housing defining a suction chamber comprising an outlet; and
an agitator element 9 according to claim 1, mounted for rotation within the housing 12.
In regard to claim 18, comprising a second agitation element (see fig. 2 where there are two agitator elements 21 separated by 23) according to claim 1, wherein the housing 12 comprises a first side and a second side (above 23 and below 23), and
wherein the agitator element 21 is mounted for rotation on the first side of the housing (above 23), and the second agitator element 21 is mounted for rotation on the second side of the housing (below 23), wherein the respective first or second ends of the respective agitator elements are located adjacent to one another.
In regard to claim 19, a vacuum cleaner comprising a cleaner head 12 as
claimed in claim 17.
Claim(s) 1 7-10, 12-13, 16-17 and 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Muir et al. 2023/0284848.
In regard to claim 1, Muir et al. discloses an agitator element 100 for a vacuum cleaner, the agitator element comprising:
a support member 114 having opposed first and second end surfaces 200, and an elongate surface 114 which extends between the first and second end surfaces, wherein the first end surface is located proximate a first end of the agitator element, and wherein the second end surface is located proximate a second end of the agitator element; and
agitation material 114 which extends away from the first end surface 200 of the support member 114 such that the outermost extremity of the agitation material 142 defines the outermost extremity of the first end 200 of the agitator element 114.
In regard to claim 7, wherein the agitation material 142 comprises a plurality of upstanding bristles.
In regard to claim 8, wherein the support member 114 comprises a main body and an end cap 140 having an external surface 606, wherein the external surface of the end cap defines at least a portion of the first end surface of the support member 114.
In regard to claim 9, wherein the agitation material 142 covers the external surface of the end cap 606 (see paragraph 97, where it states the cleaning elements 142 can be continuous over the entire cleaning brush 140).
In regard to claim 10, wherein agitation material 206 extends away from the elongate surface of the support member (114 also has cleaning bar element 206 extending away from the elongate surface, or bristles, see paragraph 94).
In regard to claim 12, wherein the composition of the agitation material 206 which extends away from the elongate surface is different to the composition of the agitation material 142 which extends away from the first end surface (see paragraphs 94 and 97, where different materials can be used for the different areas of the agitator).
In regard to claim 13, wherein agitation material 142 extends away from the second end
surface of the support member (right side of 100).
In regard to claim 16, a cleaner head 100 for a vacuum cleaner comprising an
agitator element 114 according to claim 1.
In regard to claim 17, a cleaner head 100 for a vacuum cleaner, the cleaner
head comprising:
a housing 130 defining a suction chamber comprising an outlet; and
an agitator element 114 according to claim 1, mounted for rotation within the housing 130.
In regard to claim 19, a vacuum cleaner comprising a cleaner head 100 as
claimed in claim 17.
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.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Linn et al. 5,294,276 in view of Belluomo 3,982,297.
In regard to claim 15, Linn et al. discloses an agitator 30 as described above, but does not
disclose the shape of the agitator as being conical. Belluomo teaches that it is common and well known in the art to provide agitators 25 with either cylindrical (fig. 4) or conical (fig. 3) shapes. Therefore it would have been obvious to one of ordinary skill in the art to make the agitator of Linn et al. conical instead of cylindrical because inasmuch as the references disclose these elements as art recognized equivalents, it would have been obvious to one of ordinary skill in the art to substitute one for the other. In re Fout, 675 F.2d 297, 301, 213 USPQ 532, 536 (CCPA 1982).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Roland, Strome, Dickson, Cave, Bischoff, Horst, Al-Samman, Winston, Knowles, Miller, Napolitan, Manfredi, DeCarr, Li, Liang and Warner disclose similar agitators that are common and well known in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679
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