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 Objections
Claims 1, 6, 10, 20 and 21 are objected to because of the following informalities:
Claim 1, ll. 7, consider amending to, --at least one arcuate deflector protruding from the head assembly toward the agitator— for proper antecedent basis.
Claim 6, ll. 1, consider amending to, --The cleaning device of claim 3, wherein the at least one arcuate deflector comprises a—for spelling informality.
Claim 10, ll. 2, consider amending to, --wherein [[a]]the first portion of the agitator comprises a middle portion of the brushroll, and wherein the— for proper antecedent basis.
Claim 20, ll. 2, consider amending to, --is oriented in a direction substantially tangential to an outer surface of the agitator.—for proper antecedent basis.
Claim 21, ll. 2, consider amending to, --wherein [[a]]the first portion of the agitator comprises a middle portion of the brushroll, and wherein the--
Appropriate correction is required.
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 2-6, 10-18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Xia (US 2017/0119225) in view of Pruiett (US 2021/0169294).
Regarding claim 2, Xia (US 2017/0119225) discloses a cleaning device (item 12; fig. 1), comprising:
a body (item 200; figs. 1-2) having a suction source (item 205; pp. [0042] and [0045]; fig. 2) disposed therein;
a head assembly (item 500; figs. 1-2) coupled to the body (via swivel joint 570; fig. 1), the head assembly having
an agitator (item 546; fig. 9),
at least one fluid dispenser (items 554; figs. 8 and 10) configured to dispense fluid onto a first portion of the agitator (pp. [0058] and [0066]; fig. 10), and
at least one deflector (item 560; fig. 10) protruding from the head assembly toward the agitator (fig. 10) and configured to redirect dispensed fluid onto a second portion of the agitator (pp. [0066]; deflector 560 is capable of redirecting dispensed fluid onto a second portion of the agitator, i.e. defined as portion of agitator between the fibers in which fluid is scraped into; fig. 10); and
a recovery tank (item 400; pp. [0039]; fig. 2) coupled to the body (figs. 1-2),
wherein the suction source is configured to draw fluid and debris into the recovery tank during a cleaning operation (pp. [0078]; defined by arrowed pathway in view of fig. 16B).
Xia does not explicitly disclose wherein the at least one deflector is arcuate. Xia does disclose the deflector may be constructed of various materials to remain undeformed during normal use of the cleaner, and can be smooth or different structure characteristics suitable for function (pp. [0067]).
Therefore, Pruiett (US 2021/0169294) teaches an analogous cleaning device comprising a head assembly (item 16; fig. 1) having an agitator (item 122; figs. 13-14), at least one fluid dispenser (item 90; fig. 13) configured to dispense fluid onto a first portion of the agitator (pp. [0133]; fig. 13), and at least one arcuate deflector (item 140; figs. 13-14) protruding from head assembly and configured to redirect fluid (deflector 140 is capable of redirecting any fluid from second portion of agitator, i.e. redirecting fluid on the agitator via deflector 140 engaging agitator), analogous to the redirecting of fluid in Xia.
Both Xia and Pruiett disclose deflector means to redirect fluid on a portion of the agitator by directly engaging the agitator. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the horizontally extending deflector, as disclosed in Xia, with the arcuate extending deflector, as taught in Pruiett, to achieve the predictable result of scraping excess fluid off the agitator and redirecting the fluid into the fibers of the agitator.
Regarding claim 3, Xia discloses the cleaning device as claimed in claim 2, wherein the at least one fluid dispenser comprises at least one spray nozzle (each fluid dispenser 554 includes spray nozzle 595; pp. [0073]; figs. 10 and 15).
Regarding claim 4, Xia discloses the cleaning device as claimed in claim 3, wherein the at least one spray nozzle comprises a first spray nozzle (defined as left spray nozzle 595 in view of fig. 15) disposed on a first side of the head assembly (designated in annotated fig. 15 below) and a second spray nozzle (defined as right spray nozzle 595 in view of fig. 15) disposed on a second side of the head assembly (designated in annotated fig. 15 below), the first and second nozzles being at least partially aimed at one another (pp. [0073]; defined along arrowed pathway in view of fig. 15; first and second nozzles 595 are partially aimed at one another).
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Annotated Fig. 15.
Regarding claim 5, Xia discloses the cleaning device as claimed in claim 3, wherein the at least one arcuate deflector is curved away from an emission direction (emission direction of spray nozzle is defined by arrowed line in fig. 15 above) of the at least one spray nozzle (Pruiett; deflector 140 curves away from emission direction, i.e. curved in downward c-direction in view of fig. 10 in Xia, in order for deflector to function as intended and scrap agitator).
Regarding claim 6, Xia discloses the cleaning device as claimed in claim 3, wherein the at least one arcuate deflector comprises a concave nozzle-facing side (arcuate deflector, as modified from Pruiett, includes concave shape facing upper sidewall of nozzle in view of fig 10 in Xia).
Regarding claim 10, Xia discloses the cleaning device as claimed in claim 2, wherein the agitator comprises a brushroll (pp. [0047]; agitator includes a horizontally-rotating brushroll), and wherein the first portion of the agitator comprises a middle portion of the brushroll (designated in second annotated fig. 15 below), and wherein the second portion of the agitator comprises an end portion of the brushroll (second portion includes left and right ends of brushroll in view of fig. 15; second annotated fig. 15 below).
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Second Annotated Fig. 15.
Regarding claim 11, Xia discloses the cleaning device as claimed in claim 2, further comprising a fluid supply assembly (item 300; fig. 6) coupled to the body (figs. 1-2), the fluid supply assembly being configured to deliver fluid to at least one fluid dispenser (via item 705; pp. [0075-0076]; fig. 16A).
Regarding claim 12, Xia (US 2017/0119225) discloses a cleaning device (item 12; fig. 1), comprising:
a base housing (outer structure of item 14; pp. [0039-0040]; figs. 1 and 14) having an agitator chamber (item 546; pp. [0048]; fig. 2) with an agitator (item 546; pp. [0048]; fig. 2) disposed therein;
at least one spray nozzle (items 595; figs. 8, 10, and 15) disposed in the agitator chamber (fig. 15) and configured to emit fluid (pp. [0058] and [0066]; fig. 15) onto a first portion of the agitator (defined as upper outer surface of agitator, figs. 10 and 15); and
at least one deflector (item 560; fig. 10) disposed in the agitator chamber (fig. 10) and protruding toward the agitator (fig. 10), the at least one arcuate deflector being configured to redirect fluid emitted by the at least one spray nozzle onto a second portion of the agitator (pp. [0066]; deflector 560 is capable of redirecting dispensed fluid onto a second portion of the agitator, i.e. defined as portion of agitator between the fibers in which fluid is scraped into; fig. 10).
Xia does not explicitly disclose wherein the at least one deflector is arcuate. Xia does disclose the deflector may be constructed of various materials to remain undeformed during normal use of the cleaner, and can be smooth or different structure characteristics suitable for function (pp. [0067]).
Therefore, Pruiett (US 2021/0169294) teaches an analogous cleaning device comprising a head assembly (item 16; fig. 1) having an agitator (item 122; figs. 13-14), at least one fluid dispenser (item 90; fig. 13) configured to dispense fluid onto a first portion of the agitator (pp. [0133]; fig. 13), and at least one arcuate deflector (item 140; figs. 13-14) protruding from head assembly and configured to redirect fluid (deflector 140 is capable of redirecting any fluid from second portion of agitator, i.e. redirecting fluid on the agitator via deflector 140 engaging agitator), analogous to the redirecting of fluid in Xia.
Both Xia and Pruiett disclose deflector means to redirect fluid on a portion of the agitator by directly engaging the agitator. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the horizontally extending deflector, as disclosed in Xia, with the arcuate extending deflector, as taught in Pruiett, to achieve the predictable result of scraping excess fluid off the agitator and redirecting the fluid into the fibers of the agitator.
Regarding claim 13, Xia discloses the cleaning device as claimed in claim 12, wherein the at least one spray nozzle comprises first and second spray nozzles (defined as left and right spray nozzles 595 in view of fig. 15) positioned at opposite ends of the agitator chamber (designated in third annotated fig. 15 below) and configured to emit fluid along a length of the agitator (pp. [0073]; spray nozzles are oriented to cover the entire agitator with fluid and therefore, capable of emitting fluid along entire length).
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Third Annotated Fig. 15.
Regarding claim 14, Xia discloses the cleaning device as claimed in claim 13, wherein the at least one arcuate deflector is positioned between the first and second spray nozzles (deflector, corresponding to position of item 560 in fig. 11 of Xia, extends across agitator chamber; therefore, at least a portion of arcuate deflector is positioned in a region between the first and second spray nozzles, fig. 15).
Regarding claim 15, Xia discloses the cleaning device as claimed in claim 12, wherein the at least one arcuate deflector comprises an elongate projection (Pruiett; item 142, i.e. outermost edge, of deflector; fig. 13) formed on an inner surface of the agitator chamber (defined as inner wall 551 of agitator chamber in fig. 10 if Xia) and positioned within a flow path of fluid emitted by the at least one spray nozzle (pp. [0066] and [0073]; flow path dispenses fluid on entire surface of agitator and deflector is capable of redirecting excess fluid on second portion of agitator, therefore, elongate projection of deflector is within flow path of fluid).
Regarding claim 16, Xia discloses the cleaning device as claimed in claim 12. The recitation(s) of wherein “the at least one arcuate deflector is molded into the agitator chamber such that the least one arcuate deflector is fixed” is considered to be product-by-process limitations. MPEP 2113 clearly states “Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In this instance, the arcuate deflector, as substituted in from Pruiett, protrudes from housing wall without forming a separate component and/or pivot, thereby meeting the limitations of the claim and resulting in a fixed relationship to the agitator chamber.
Regarding claim 17, Xia discloses the cleaning device as claimed in claim 12, wherein the base housing comprises a suction pathway disposed therein (item 564; defined by arrowed pathway in view of fig. 16B) , the suction pathway being in fluid communication with the agitator chamber (pp. [0068]; fig. 11).
Regarding claim 18, Xia discloses the cleaning device as claimed in claim 17, wherein the at least one arcuate deflector is positioned on an inner surface of the agitator chamber (deflector is positioned on inner surface of wall 551 of agitator chamber; fig. 10 below) above a suction inlet (deflector is above a suction inlet 594 in vertical direction in view of fig. 10) within the agitator chamber leading to the suction pathway (arcuate deflector is within agitator chamber that leads directly into suction pathway 564; figs. 10 and 16B).
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Fig. 10.
Regarding claim 21, Xia as modified discloses the cleaning device as claimed in claim 12, wherein the agitator comprises a brushroll (pp. [0047]; agitator includes a horizontally-rotating brushroll), and wherein the first portion of the agitator comprises a middle portion of the brushroll (designated in second annotated fig. 15 above), and wherein the second portion of the agitator comprises an end portion of the brushroll (second portion includes left and right ends of brushroll in view of fig. 15; second annotated fig. 15 above).
Claims 7-9 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xia (US 2017/0119225) in view of Pruiett (US 2021/0169294) and further in view of Krebs (US 2015/0327741).
Regarding claim 7, Xia discloses the cleaning device as claimed in claim 3, but does not explicitly disclose wherein the at least one spray nozzle is configured to spray fluid in a substantially planar pattern (pp. [0215] and [0230] in instant disclosure).
Xia does disclose at least one spray nozzle can have any diameter suitable to deliver fluid at the desired pressure, pattern, and/or volume from the orifice (pp. [0073]).
Krebs (US 2015/0327741) teaches a cleaning device comprising at least one fluid dispenser with spray nozzle (item 244; figs. 7A-7C), wherein the spray nozzle is configured to spray fluid in a planar pattern (pp. [0057]; defined by dotted lines in figs. 7A-7C).
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 at least one spray nozzle, as disclosed in Xia, to include an orifice configured to spray fluid in a planar pattern, as taught in Krebs, in order for the device to function as intended and evenly distribute the spray across the agitator.
Regarding claim 8, Xia as modified discloses the cleaning device as claimed in claim 7, wherein the substantially planar pattern is oriented in a direction substantially tangential to an outer surface of the agitator (pp. [0073] in Xia; spray nozzles are oriented to cover the entire agitator with fluid; therefore, at least a portion of the planar pattern, as modified above, extends tangentially to at least a portion of an outer surface of the agitator).
Regarding claim 9, Xia as modified discloses the cleaning device as claimed in claim 3, but does not explicitly disclose wherein the at least one spray nozzle is configured to spray fluid in a fan pattern at a spray angle between about 10 and 60 degrees (pp. [0230] in instant disclosure).
Xia does disclose at least one spray nozzle can have any diameter suitable to deliver fluid at the desired pressure, pattern, and/or volume from the orifice (pp. [0073]).
Krebs (US 2015/0327741) teaches a cleaning device comprising at least one fluid dispenser with spray nozzle (item 244; figs. 7A-7C), wherein the spray nozzle is configured to spray fluid in a planar pattern (pp. [0057]; defined by dotted lines in figs. 7A-7C).
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 at least one spray nozzle, as disclosed in Xia, to include an orifice configured to spray fluid in a fan pattern, as taught in Krebs, in order for the device to function as intended and evenly distribute the spray across the agitator.
Further, Krebs teaches a fan spray angle that overlaps with the claimed spray angle (pp. [0055]; spray angle of about 80 degrees, i.e. between 0 and 80 degrees). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to select the spray angle from between 0 to about 80 degrees to between about 10 and 60 degrees since it has been held that in the case where claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists.
Regarding claim 19, Xia discloses the cleaning device as claimed in claim 12, but does not explicitly disclose wherein the at least one spray nozzle is configured to spray fluid in a substantially planar fan-shaped pattern (pp. [0216] and [0230] in instant disclosure).
Xia does disclose at least one spray nozzle can have any diameter suitable to deliver fluid at the desired pressure, pattern, and/or volume from the orifice (pp. [0073]).
Krebs (US 2015/0327741) teaches a cleaning device comprising at least one fluid dispenser with spray nozzle (item 244; figs. 7A-7C), wherein the spray nozzle is configured to spray fluid in a planar pattern (pp. [0057]; defined by dotted lines in figs. 7A-7C).
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 at least one spray nozzle, as disclosed in Xia, to include an orifice configured to spray fluid in a substantially planar fan-shaped pattern, as taught in Krebs, in order for the device to function as intended and evenly distribute the spray across the agitator.
Regarding claim 20, Xia as modified discloses the cleaning device as claimed in claim 19, wherein the substantially planar fan-shaped pattern is oriented in a direction substantially tangential to an outer surface of the agitator (pp. [0073] in Xia; spray nozzles are oriented to cover the entire agitator with fluid; therefore, at least a portion of the planar pattern, as modified above, extends tangentially to at least a portion of an outer surface of the agitator).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 2 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,114,819. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application, claim 2
US Patent No. 12,114,819, claim 1
Claim 2, ll. 1: A cleaning device, comprising:
Claim 1, ll. 1
Claim 2, ll. 2: a body having a suction source disposed therein;
Claim 1, ll. 3-5
housing body in US’819 = “body” in instant claims
Claim 2, ll. 3-4: a head assembly coupled to the body, the head assembly having an agitator;
Claim 1, ll. 2
brushroll in US’819 = “agitator” in instant claims
Claim 2, ll. 5-6: at least one fluid dispenser configured to dispense fluid onto a first portion of the agitator; and
Claim 1, ll. 12-15
at least one nozzle in US’819 = “at least one fluid dispenser” in instant claims
Claim 2, ll. 7-8: at least one arcuate deflector protruding from the head assembly toward the agitator and configured to redirect fluid onto a second portion of the agitator; and
Claim 1, ll. 15-18 and 21
Claim 2, ll. 9: a recovery tank coupled to the body;
Claim 1, ll. 10-11;
fluid recovery tank in US ‘819 = “recovery tank” in instant claims
Claim 2, ll. 10-11: wherein the suction source is configured to draw fluid and debris into the recovery tank during a cleaning operation.
Claim 1, ll. 10-11
Claim 14 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 13 of U.S. Patent No. 12,114,819. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application, claim 14
US Patent No. 12,114,819, claim 13
Claim 12, ll. 1: A cleaning device, comprising:
Claim 10, ll. 1
Claim 12, ll. 2: a base housing having an agitator chamber with an agitator disposed therein;
Claim 10, ll. 2-3
brushroll in US’819 = “agitator” in instant claims
brushroll chamber in US’819 = “agitator chamber” in instant claims
Claim 12, ll. 3-4: at least one spray nozzle disposed in the agitator chamber and configured to emit fluid onto a first portion of the agitator; and
Claim 10, ll. 6-8
at least one fluid delivery nozzle in US’819 = “at least one spray nozzle” in instant claims
Claim 12, ll. 5-6: at least one arcuate deflector disposed in the agitator chamber and protruding toward the agitator,
Claim 10, ll. 12-15
Claim 12, ll. 6-7: the at least one arcuate deflector being configured to redirect fluid emitted by the at least one spray nozzle onto a second portion of the agitator.
Claim 10, ll. 16-19
Claim 13: wherein the at least one spray nozzle comprises first and second spray nozzles positioned at opposite ends of the agitator chamber and configured to emit fluid along a length of the agitator.
Claim 12 (dependent on claim 10)
first and second fluid delivery nozzles in US ‘819 = “first and second spray nozzles” in instant claims
Claim 14: wherein the at least one arcuate deflector is positioned between the first and second spray nozzles.
Claim 13 (dependent on claim 12)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pruiett (US 2024/0188782) discloses a cleaning device comprising a head assembly having an agitator, at least one fluid dispenser, and at least one arcuate deflector protruding from the head assembly toward the agitator configured to redirect fluid into a second portion of agitator.
Moes (US Patent No. 9,289,105) discloses a cleaning device comprising an agitator, at least one fluid dispenser, and a plurality of arcuate deflectors protruding from an agitator chamber configured to redirect fluid.
Pruiett (US 12,035,873) discloses a cleaning device comprising a body with suction source and a head assembly having an agitator, at least one fluid dispenser, and at least one arcuate deflector protruding from an inner wall of the head assembly configured to redirect fluid.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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/SIDNEY D FULL/Examiner, Art Unit 3723
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