DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the claims filed 10/21/2024.
Claims 1-20 are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/21/2024 and 4/2/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-3 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2023/0180983 to Choi et al. (hereinafter “Choi”) in view of JP2011004889 to Fukumura et al. (hereinafter “Fukumura”).
Regarding claim 1, Choi discloses a dust collection device 100 comprising: a support plate 110 including an opening 111 through which dust is introducible; a protruding rib 112 extending downward from a circumference of the opening of the support plate; and an opening/closing device 120 couplable to the support plate, and wherein the opening/closing device includes: an opening/closing cover 121 configured to open and close the opening 111 of the support plate, while the opening/closing device is coupled to the support plate (see Fig. 1-6; paragraphs [0016]-[0022] in particular). Choi is silent to a cover rib protruding from an upper surface of the opening/closing cover and configured to contact the protruding rib while the opening of the support plate is closed by the opening/closing cover. Fukumura teaches an analogous dust collection device with a cover just like Choi. Specifically, Fukumura teaches employing a cover rib protruding from the opening/closing cover (see element 33 in Fig. 5-7) to prevent dust spillage from dust collection device (machine translation page 73). Cover rib 33 of Fukumura protrudes from the lower surface of a base portion 32 of a shutter body 30 and comes into contact with the side wall 12d formed of an inlet 12a while the inlet of the dust bin 10 is closed by the base portion 31. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the dust collection device of Choi by employing a cover rib protruding from an upper surface of the opening/closing cover and configured to contact the protruding rib while the opening of the support plate is closed by the opening/closing cover as taught by Fukumura because it aids in preventing dust spillage, and the result would have been predictable.
Regarding claim 2, Choi as modified by Fukumura comprises the dust collection device of claim 1, wherein, while the opening/closing device is coupled to the support plate and the opening of the support plate is closed by the opening/closing cover, the cover rib surrounds an outer circumferential surface of the protruding rib (the cover rib of the combination of art, taught by Fukumura, necessarily covers the equivalent protruding rib because it blocks dust spillage; see Fukumura where main wall portion 33 of the shutter body 30 surrounds the side wall 12d of the inlet 12a while the inlet 12a of the dust collection bin 10 is closed by the base portion 31; Fig. 2-6).
Regarding claim 3, Choi as modified by Fukumura comprises the dust collection device of claim 1, wherein a height of the cover rib varies along a circumference of the cover rib (see rib 33 in Fukumura Fig. 6).
Regarding claim 8, Choi as modified by Fukumura comprises the dust collection device of claim 1, wherein the protruding rib has an elliptical shape or an arc shape, and the cover rib has an arc shape (both pieces of the combined art comprise dust bins with at least a portion of the closure interface, including the protruding rib of Fukumura, having at least a portion with an arc shape).
Regarding claim 9, Choi as modified by Fukumura comprises the dust collection device of claim 1, wherein the opening/closing cover is an elastic material including at least one of thermoplastic vulcanizate or silicon rubber. However, the Court has held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Instantly, claim 18 fails to patentably distinguish itself over the prior art because the use of both thermoplastic vulcanizate and silicon rubber for vacuum cleaner dust bin components is widely known and employed in the art.
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of CN207837472 to Tan (hereinafter “Tan”).
Regarding claim 15, Choi discloses a dust collection device 100, comprising: a support plate 110 including an opening 111 through which dust is introducible; a protruding rib 112 extending downward from a circumference of the opening of the support plate; and an opening/closing device 120 couplable to the support plate, and wherein the opening/closing device includes: an opening/closing cover 121 configured to open and close the opening of the support plate, while the opening/closing device is coupled to the support plate. Choi is silent to a rib groove recessed from an upper surface of the opening/closing cover and configured so that the protruding rib is inserted in the rib groove while the opening of the support plate is closed by the opening/closing cover. Tan discloses an analogous dust collection device comprising an opening/closing cover like Choi. Specifically, Tan teaches employing a sealing 20 formed on a lower cover 11 and having a concave recess 21 formed therein and configured so that a protrusion 101 of a dust pocket 10 is inserted while the lower cover is closed by the opening of the dust pocket (see Fig. 1, 3, and 5). Tan teaches that employing such a structure improves the sealing connection of the dust collection container and the cover (paragraphs [0050]-[0053]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the dust collection device of Choi by employing a rib groove recessed from an upper surface of the opening/closing cover and configured so that the protruding rib is inserted in the rib groove while the opening of the support plate is closed by the opening/closing cover, like that taught by Tan, because such a structure improves the sealing connection between the cover and dust collection bin, and the result would have been predictable.
Regarding claim 16, Choi as modified by Tan comprises the dust collection device of claim 15, wherein the opening/closing device includes a stopper surrounding the rib groove (see Tan Fig. 3 and 4 showing a seal and rib groove which has been applied to Choi; the shape of the seal may be considered to comprise a “stopper”, or just a surface that is engaged by another surface).
Regarding claim 17, Choi as modified by Tan comprises the dust collection device of claim 15, wherein the rib groove has an arc shape (simply – an at least partially annular shape; the dust bins of both devices are generally cylindrical).
Regarding claim 18, Choi as modified by Tan does not explicitly disclose the dust collection device of claim 15, wherein the opening/closing cover is an elastic material including at least one of thermoplastic vulcanizate or silicon rubber. However, the Court has held that the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Instantly, claim 18 fails to patentably distinguish itself over the prior art because the use of both thermoplastic vulcanizate and silicon rubber for vacuum cleaner dust bin components is widely known and employed in the art.
Allowable Subject Matter
Claims 4-7, 10-14 and 19-20 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.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding claims 4-5, the art of record is silent to particularly plurality of teeth limitations set forth therein. Claims 6-7 depend on claim 5.
Regarding claims 10-14 and 19-20, each of these claims require a particular trap device having various limitations that are not disclosed or suggested in combination with the art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Relevant Prior Art:
CN204654815 discloses a sealing device for dust collection bag for dust collector or vacuum cleaner including an opening/closing lid that engages a base.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELDON T BROCKMAN whose telephone number is (571)270-3263. The examiner can normally be reached Mon-Fri 9am-5pm EST.
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/ELDON T BROCKMAN/Primary Examiner, Art Unit 3799
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