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 .
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.
Status of Claims
Claims 1 – 15 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/05/2019 and 06/02/2020 were filed before the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1 – 4, 6 – 12 and 14 – 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carter (GB 2569313 A).
Regarding Independent Claim 1, Carter teaches a cleaner head (cleaner head, 100 and 500) for a vacuum cleaner (vacuum cleaner, 200), the cleaner head (100) comprising: a housing (Annotated Fig. 8) defining a suction chamber (Annotated Fig. 8) comprising an outlet (Annotated Fig. 8), at least two rotatable brush bars (Annotated Fig. 8) with an outer surface (Fig. 8), the brush bars (Annotated Fig. 8) being at least partly arranged inside the housing (Annotated Fig. 8) and comprising a proximal end (Annotated Fig. 8) and a distal end(Annotated Fig. 8), the proximal ends (Annotated Fig. 8) of the two brush bars (Annotated Fig. 8) facing each other such that an outlet-facing clearance (506) is formed therebetween (Fig. 8), and a hair diverter (Annotated Fig. 8), situated in between the clearance (Annotated Fig. 8) and the outlet (Annotated Fig. 8) and in direct contact with the outer surface of both brush bars (Annotated Fig. 8), a width of the hair diverter (Annotated Fig. 8) spanning more than a full width of the clearance (Annotated Fig. 8).
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Regarding Claim 2, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein the hair diverter (Annotated Fig. 8) comprises a rounded nose (Annotated Fig. 8), positioned to be in direct contact with the outer surface of both brush bars (Annotated Fig. 8) and shaped to peel hair off the outer surfaces and guide the hair underneath the hair diverter (Annotated Fig. 8).
Regarding Claim 3, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein the hair diverter (Annotated Fig. 8) widens in a direction away from the clearance (Annotated Fig. 8) and towards the outlet (Annotated Fig. 8).
Regarding Claim 4, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein the hair diverter (Annotated Fig. 8) is wedge-shaped (Fig. 8).
Regarding Claim 6, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein the housing (Annotated Fig. 8) comprises a soleplate (Annotated Fig. 8) and the hair diverter (Annotated Fig. 8) extends from the soleplate (Annotated Fig. 8).
Regarding Claim 7, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein, in use, at least a portion of the hair diverter (Annotated Fig. 8) is situated below the outlet (Annotated Fig. 8).
Regarding Claim 8, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein, in use, the complete hair diverter (Annotated Fig. 8) is situated entirely below the outlet (Annotated Fig. 8).
Regarding Claim 9, Carter teaches the cleaner head (cleaner head, 100 and 500) further comprising a drive housing (motor housing) for comprising a drive mechanism (motor) for rotating the brush bars (Annotated Fig. 8), wherein the hair diverter (Annotated Fig. 8) extends from the drive housing (Page 14, lines 15 – 28).
Regarding Claim 10, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein, in use, at least a portion of the hair diverter (Annotated Fig. 8) is situated at a height of the outlet (Annotated Fig. 8).
Regarding Claim 11, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein, in use, at least a portion of the hair diverter (Annotated Fig. 8) is situated above a height of the outlet (Annotated Fig. 8).
Regarding Claim 12, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein the outer surface of the rotatable brush bars is at least partly deformable (Page 14, lines 20 – 25; bristles are deformable).
Regarding Claim 14, Carter teaches the cleaner head (cleaner head, 100 and 500) wherein the at least partly deformable outer surface of the rotatably brush bars comprises bristles (Page 14, lines 20 – 25).
Regarding Claim 15, Carter teaches vacuum cleaner (200) comprising a cleaner head (cleaner head, 100 and 500) as claimed in claim 1
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.
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Carter (GB 2569313 A) in view of DE 538356 C herein referred to as 356’.
Regarding Claim 5, Carter teaches the cleaner head of claim 1 as discussed above.
Carter doesn’t explicitly teach wherein the brush bars taper from a wider base at the proximal end to a narrower tip at the distal end.
356’, however, teaches the brush bars taper (22.1 and 22.2) from a wider base at the proximal end (Fig. 5) to a narrower tip at the distal end (Fig. 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the brush bar of Carter to further include the brush bars taper from a wider base at the proximal end to a narrower tip at the distal end, as taught by 356’, since such a modification would have involved a mere change in the size/shape of a component. A change in size/shape is generally recognized as being within the level of ordinary skill in the art.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Carter (GB 2569313 A) in view of Kegg et al. U. S. Patent Publication No. 2021/0212535 A1.
Regarding Claim 13, Carter teaches the cleaner head according to claim 12 as discussed above.
Carter does not teach the at least partly deformable outer surface of the rotatably brush bars comprises a fabric covering.
Kegg, however, teaches the at least partly deformable outer surface (Paragraph [0033]) of the rotatably brush bars (38) comprises a fabric covering (Paragraph [0033]) .
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the brush bar of Carter to further include the at least partly deformable outer surface of the rotatably brush bars comprises a fabric covering, as taught by Kegg, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its
suitability for the intended use (MPEP 2144.07).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 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, 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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/KATINA N. HENSON/Primary Examiner, Art Unit 3723
