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 Interpretation
1. 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 do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: a control portion supported on the housing between the handle and the drum assembly in independent claim 9 line 12, according to the specification at paragraph [0020] the control portion (26) includes a user interface including a speed control dial (30); a direction switch (34) and a foot pedal (36).
Because this claim limitation is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this limitation 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 avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Rejections 35 U.S.C. § 102(a)(1)
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent (9,463,965) to Heravi et al.
Regarding independent claim 1, Heravi et al. discloses a housing (12); a drum assembly (28) supported by the housing (12),
the drum assembly (28) including an inner drum (28a), an outer drum (28b), and a space (102) defined therebetween, the drum assembly (28) configured to rotate relative to the housing (12) about a rotation axis (See Col. 4 lines 25-40 and claim 1);
a motor (30) supported by the drum assembly (28), the motor (30) including an output shaft (56) (See Col. 4 lines 40-56);
a flexible cable (106) stored within the space of the drum assembly (28), the flexible cable (106) operable to receive torque from the motor (30) (See Col. 4 lines 55-67);
and a drum cover (26R, 26L) supported by the housing (12) and positioned over the space (102) to maintain the flexible cable (106) within the space (102), the drum cover (26R, 26L) defining a cable outlet (See openings in FIG. 2 on 26L) through which the flexible cable (106) can extend (See Col. 6 lines 5-20).
Regarding claim 2, Hervai et al. discloses that the drum cover (26R, 26L) is moveable relative to the housing (12) to adjust a position of the cable outlet (See opening in FIG. 2) relative to the housing (12).
Regarding claim 3, Hervai et al. discloses that the drum cover (26R, 26L) is removable from and reconnectable to the housing (12) to adjust the position of the cable outlet (See opening in FIG. 2).
Regarding claim 4, Hervai et al. discloses that the drum cover (26R, 26L) is rotatable relative to the housing (12) while connected to the housing (12) to adjust the position of the cable outlet (See openings in FIG. 2).
Rejections 35 U.S.C. § 103
3. 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 6, 7, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent (9,463,965) to Heravi et al.in view of U.S. Patent Publication (2018/0119406) to Scott et al.
Regarding claim 6, Hervai et al. is silent regarding that the housing (12) includes a stand that supports the housing in an upright position on a surface. However, Scott et al. teaches a drum (1014) for a cleaning machine (1000). The drum (1012) includes stand (1026) to support the drum (1014) while at rest (See paragraph [0057] of Scott et al.). It would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Hervai et al. to include a stand (1026) on the housing (12) in order to support the drum while at res as taught in Scott et al.
Regarding claim 7, Hervai et al. as modified with Scott et al. teaches claim 7. In particular, Scott et al. teaches that the stand (1026) is moveable relative to the housing (1000) between a storage position (See FIG. 15 of Scott et al.), in which the stand is positioned directly adjacent a portion of the housing (1000), and a use position, in which the stand extends outwardly from the housing (1000) (See paragraph [0057] of Scott et al.). As mentioned above, It would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Hervai et al. to include a stand (1026) on the housing (12) in order to support the drum while at res as taught in Scott et al.
Regarding independent claim 16, Heravi et al. teaches most of the elements of claim 16 including a housing (12) including a top side (at numeral 10 in FIG. 1), a bottom side opposite the top side (See FIG. 2), a rear side (See FIG. 2), and a front side (at numeral 18a in FIG. 1) opposite the rear side;
a drum assembly (28) supported by the housing (12), the drum assembly (28) including an inner drum (28a), an outer drum (28b), and a space (102) defined therebetween, the drum assembly (28) configured to rotate about a rotation axis (X axis in FIG. 2); a motor (30) supported by the drum assembly (28), the motor (30) including an output shaft (56) (See Col. 4 lines 25-40 and claim 1);
a flexible cable (106) stored within the space (102), the flexible cable (106) operable to receive torque from the motor (30) (See Col. 4 lines 55-67 and See Col. 6 lines 5-20).
Except, Heravi et al. is silent regarding a stand supported by the housing adjacent the bottom side, the stand being movable relative to the housing between a storage position, in which the stand is positioned directly adjacent a portion of the housing and is configured to support the housing on a surface in an upright position, and a use position, in which the stand extends outwardly from the housing. However, Scott et al. teaches a drum (1014) for a cleaning machine (1000). The drum (1012) includes stand (1026) to support the drum (1014) while at rest (See paragraph [0057] of Scott et al.). It would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Hervai et al. to include a stand (1026) on the housing (12) in order to support the drum while at res as taught in Scott et al.
Regarding claim 17, Hervai et al. as modified with Scott et al. teaches that the housing (12) includes a support plate (18) on the rear side of the housing (12) that supports the housing (12) (See FIG. 2 of Scott et al.) when the stand (1026) is in the use position. As mentioned above, it would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Hervai et al. to include a stand (1026) on the housing (12) in order to support the drum while at res as taught in Scott et al.
Regarding claim 18, Hervai et al. as modified with Scott et al. teaches that the stand(1026) is pivotable between the storage position and the use position (See paragraph [0057] of Scott et al.). As mentioned above, it would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Hervai et al. to include a stand (1026) on the housing (12) in order to support the drum while at res as taught in Scott et al.
Regarding claim 19, Hervai et al. as modified with Scott et al. teaches the stand (1026) extends generally perpendicularly from the bottom side of the housing (1000) when in the use position (See FIG. 15 of Scott et al.). As mentioned above, it would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Hervai et al. to include a stand (1026) on the housing (12) in order to support the drum while at res as taught in Scott et al.
Regarding claim 20, Hervai et al. as modified with Scott et al. teaches that the stand (1026) is generally coplanar with the rear side of the housing when in the use position. As mentioned above, it would have been obvious for one of ordinary skill in the art at the time before the effective filing date to modify Hervai et al. to include a stand (1026) on the housing (12) in order to support the drum while at res as taught in Scott et al.
Allowable Subject Matter
4. Claims 5 and 8 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.
Claims 9-15 are allowed.
Conclusion
5. 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
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