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
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(s) 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(s) is/are: Water absorption mechanism in claims 1, 11, 17 is interpreted to include a driving device, and a lower impeller component and an upper impeller component, driving device interpreted as a motor or equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are 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/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 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.
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.
Claim(s) 1-3, 7, 11-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turjeman (US PG Pub 2019/0264459).
With respect to claim 1, Turjeman teaches a pool filter comprising a housing 12 (a machine body, 0045-0057, Figures), conduit 24 (a flow channel, a water inlet end and a water outlet end), outlet chamber 16, 72, 82 (Fig. 1-4, the water outlet end is provided with a garbage collection device), in a example two propellers are used to provide greater suction force (0062, Fig. 2B, double-impeller, a lower impeller component and an upper impeller component arranged in the flow channel), a transmission may be configured to transmit a torque generated a motor a pump (0038, 0073-0075, water absorption mechanism comprises a driving device, and; and wherein the driving device is connected with the lower impeller component and the upper impeller component through a transmission structure).
With respect to claim 2, the double-impeller leaf collector according to claim 1 is taught above. Turjeman teaches pump transmission 62 including a double bevel-gear arrangement (0065-0075, Fig. 2E, the transmission structure comprises a driving bevel gear, a first driven bevel gear and a second driven bevel gear, the driving bevel gear is coaxially fixed on an output shaft of the driving device, the first driven bevel gear is coaxially fixed on the lower impeller component, and the second driven bevel gear is coaxially fixed on the upper impeller component; the two side of the driving bevel gear are respectively correspondingly meshed with the first driven bevel gear and the second driven bevel gear), the pitch of bottom-mounted propeller 29 may be opposite the pitch of top-mounted axial-flow pump propeller 28 (the blades of the lower impeller assembly and the upper impeller assembly are arranged in opposite directions).
With respect to claim 3, the double-impeller leaf collector according to claim 1, is taught above. Turjeman teaches the lower impeller component comprises a first blade and a first connecting rod, and the upper impeller component comprises a second blade and a second connecting rod, wherein the first connecting rod and the second connecting rod are coaxially arranged in the flow channel, and the first blade and the second blade are arranged in parallel (Fig. 2B).
With respect to claim 7, the double-impeller leaf collector according to claim 1, Turjeman teaches the housing as discussed above, and wheels 40 (Figs. 1-4, 0047, the machine body comprises a chassis near the water inlet end of the flow channel, and a plurality of rollers are arranged at the bottom of the chassis).
With respect to claim 11, Turjeman teaches a pool filter comprising a housing 12 (a machine body, 0045-0057, Figures), conduit 24 (a flow channel, a water inlet end and a water outlet end), in an example two propellers are used to provide greater suction force (0062, Fig. 2B, double-impeller, an impeller component installed in the flow channel; and wherein at least two groups of impeller components are arranged and close to the water inlet end and the water outlet end respectively, and the at least two groups of impeller components push water in the flow channel to form an axial flow), a transmission may be configured to transmit a torque generated a motor a pump (0038, 0073-0075, Figs., the driving device is accommodated in the machine body, and a transmission structure is arranged between the driving device and the impeller components).
With respect to claim 12, the double-impeller leaf collector according to claim 11, is taught above. Turjeman teaches outlet chamber 16, 72, 82 (Figs. 1-4, the impeller components comprise a lower impeller component and an upper impeller component, which are respectively installed at the water inlet end and the water outlet end of the flow channel, and the water outlet end is provided with a garbage collection device).
With respect to claim 13, the double-impeller leaf collector according to claim 12, is taught above. Turjeman teaches a housing with the motor and transmission (Fig. 2E, an outer wall of the machine body is provided with a shell for accommodating the driving device, and the driving device comprises a driving motor installed in the shell, and a power output end of the driving motor is provided with an output shaft).
With respect to claim 14, the double-impeller leaf collector according to claim 13, is taught above. Turjeman teaches a double bevel-gear arrangement (0065-0075, Fig. 2E, the transmission structure comprises a driving bevel gear, a first driven bevel gear and a second driven bevel gear located in the shell; and wherein the driving bevel gear is connected with the output shaft, and the first driven bevel gear and the second driven bevel gear are respectively meshed at two opposite ends of the driving bevel gear).
With respect to claim 15, the double-impeller leaf collector according to claim 14, is taught above. Turjeman teaches the lower impeller component comprises a first connecting rod and a first blade installed at one end of the first connecting rod; and the upper impeller component comprises a second connecting rod and a second blade installed at one end of the second connecting rod (Figs. 2B and 2E).
With respect to claim 16, the double-impeller leaf collector according to claim 15, is taught above. Turjeman teaches the first blade is arranged opposite to the second blade, and the other ends of the first connecting rod and the second connecting rod both penetrate into the shell and are rotatably connected with the shell; and wherein the first driven bevel gear and the second driven bevel gear are respectively connected with the first connecting rod and the second connecting rod (Figs. 2B and 2E).
With respect to claim 17, Turjeman teaches a pool filter comprising a housing 12 (a machine body, 0045-0057, Figures), conduit 24 (a flow channel, a water inlet end and a water outlet end), in an example two propellers are used to provide greater suction force (0062, Fig. 2B, double-impeller, a lower impeller component and an upper impeller component installed in the flow channel; and wherein the lower impeller component and the upper impeller component are respectively close to the water inlet end and the water outlet end, and the lower impeller component and the upper impeller component are used for pushing water in the flow channel to form an axial flow), a transmission may be configured to transmit a torque generated by a motor (0038, 0073-0075, water absorption mechanism comprises a driving device, the driving device is accommodated in the machine body, Figs.), pump transmission 62 including a double bevel-gear arrangement (0065-0075, Fig. 2E, a bevel gear transmission mechanism is arranged between the driving device and the lower impeller component and the upper impeller component).
With respect to claim 18, the double-impeller leaf collector according to claim 17, is taught above. Turjeman teaches an outer wall of the machine body is provided with a shell for accommodating a driving device, and the driving device comprises a driving motor installed in the shell (Figs).
With respect to claim 19, the double-impeller leaf collector according to claim 18, is taught above. Turjeman teaches transmission 62 including a double bevel-gear arrangement (0065-0075, Fig. 2E, wherein the bevel gear transmission mechanism comprises a driving bevel gear, a first driven bevel gear and a second driven bevel gear located in the shell; and wherein the driving bevel gear is connected with a power output end of the driving motor, and the first driven bevel gear and the second driven bevel gear are respectively meshed at two opposite ends of the driving bevel gear).
With respect to claim 20, the double-impeller leaf collector according to claim 19, is taught above. Turjeman teaches the first driven bevel gear and the second driven bevel gear are respectively installed on the lower impeller component and the upper impeller component (Fig. 2B and 2E).
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Turjeman (US PG Pub 2019/0264459), alternatively in view of Hui (US 9,091,092) and Chen (US PG Pub 2016/0032604).
With respect to claim 4, the double-impeller leaf collector according to claim 1, is taught above. Turjeman teaches the housing may enclose one or more components of the pool cleaner, including motors, controllers or control circuitry, and pumps, and may be constructed of material impermeable to water (0039, 0046, a shell and the driving motor sealed in the shell), a motor pump and transmission fixedly connected to a side wall of the machine body, the shell is fixedly connected with a protective casing, and the transmission structure is hermetically arranged in the protective casing, Fig. 2E, 0072-0075). If Turjeman’s liquid impermeable housing which may be completely or partially submerged, is not found to address the limitations of hermetically sealed, sealing of electrical and transmission components from the water and debris in a submersible pool cleaner would be an obvious choice to protect the motor and gears, as evidenced by Chen and Hui, Chen teaches a pool cleaner where a motor and gears drive an impeller (0012), preferably, the motor is sealed from the impeller so as to prevent water from corroding or damaging the motor; Hui teaches hermetically sealed connections for a pump in a pool cleaner (abstract, Figures, C11/L30-42, C18/L50-C19/L7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to protect each of the components or hermetically arrange in protective casing, to prevent water from corroding to damaging components in the motor or transmission.
Claim(s) 5, 6 is/are rejected under 35 U.S.C. 103 as obvious over Turjeman (US PG Pub 2019/0264459), in view of Jaakola (US 7,178,188).
With respect to claim 5, the double-impeller leaf collector according to claim 4, is taught above. Turjeman teaches the lower impeller component comprises a first connecting rod, and the upper impeller component comprises a second connecting rod (Fig. 2B and 2E); while Turjeman does not explicitly teach bearings correspondingly arranged between the first connecting rod and the protective casing, between the second connecting rod and the protective casing, and between the output shaft of the driving motor and the shell, Jaakola teaches a spa vacuum where a propeller shaft 20 is connected to the motor and connects to a protective casing unit , and support bearings are installed to prevent the shaft from wobbling (C2/L16-31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turjeman’s taught pool cleaner and impellers to include bearings as shown by Jaakola, to prevent the propeller shaft from wobbling.
With respect to claim 6, the double-impeller leaf collector according to claim 4, is taught above. Turjeman teaches power supply 47 and controller 46 (0058-0059, Figs. 1-4, wherein a power supply module and a drive control board are arranged in the shell, and the power supply module is electrically connected with the driving motor through the drive control board).
Claims 8-10 is/are rejected under 35 U.S.C. 103 as obvious over Turjeman (US PG Pub 2019/0264459), in view Schuman (US 4,962,559).
With respect to claim 8, the double-impeller leaf collector according to claim 7, is taught above. Turjeman teaches a housing with wheels, as discussed above but does not teach symmetrically provided with cleaning brushes on both sides of the water inlet end of the flow channel, however, the use of brushes for pool vacuums is known in the art as shown by Schuman teaches a submersible vacuum with a pump impeller (abstract), the most basic type of pool cleaning device consists of a brush mounted to a pole to loosen dirt from the pool surfaces, and powered vacuums may be equipped with brush bristles to dislodge dirt (C1-C2), liquid flow duct 15 which depends into a cavity 12 on the underside of the brush head bounded by brush bristles, with brush bristle assemblies are mounted about the periphery of the head (C3/L20-C4/L66). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the taught combination to include cleaning brushes around the periphery or symmetrically provided with cleaning brushes on both sides of the water inlet end of the flow channel as shown by Shuman to loosed dirt from pool surfaces.
With respect to claim 9, the double-impeller leaf collector according to claim 8 is taught above. Shuman teaches a plurality of bristles, absent evidence of criticality the number and placement of the brushes/bristles would be obvious design choices to one of ordinary skill in the art before the effective filing date of the claimed invention, there are two cleaning brushes, and the two cleaning brushes are distributed on both sides of the water inlet end of the flow channel in a V shape.
With respect to claim 10, the double-impeller leaf collector according to claim 1, is taught above. Turjeman teaches the cleaner may be operated with a controller or manually (0058) but does not teach the side wall of the machine body is provided with a hinge part, and the hinge part is hinged with a connecting handle. Shuman teaches the most basic type of pool cleaning device consists of a brush mounted to a pole (C1), powered vacuums can be equipped with wheel to roll along pool surfaces, and a common way to implement rolling devices is to hinge mount the vacuum head to the end of a pole so that the user can operate and maneuver the device without getting wet (C1/L31-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Turjeman’s taught pool cleaner to include a hinge part to connect to a handle or pole as described by Shuman to allow manual operation where the user can maneuver the device without getting wet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bruneel US 2021/0164252
Erlich US 2019/0032355
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/JEANNIE MCDERMOTT/Examiner, Art Unit 1776
/BRADLEY R SPIES/ Primary Examiner, Art Unit 1776
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