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 .
Specification
The disclosure is objected to because of the following informalities: The “Related Applications” section of the specification should include the patent numbers of the related applications.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-5 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakai 7,712,183 in view of Favagrossa 2008/0010769.
In regard to claim 1, Nakai et al. discloses an agitator 25 for a vacuum cleaner comprising:
an agitator body 25 having a first end region and a second end region; and
a first resiliently deformable flap 29 extending outwardly from the agitator body between the first end region and the second end region, the first resiliently deformable flap including:
a first front facing layer including a fabric (portion 29); and
a first rear facing layer (base t-portion of 29);
a second resiliently deformable flap 29 extending outwardly from the agitator body between the first end region and the second end region, the second resiliently deformable flap including:
a second front facing layer including a fabric (portion 29); and
a second rear facing layer (base t-portion of 29); and
one or more rows of a bristle strip 28 and/or a plurality of tufts extending outwardly from the agitator body 25 between the first end region and the second end region, the one or more rows extending generally parallel to the first resiliently deformable flap 29 and the second resiliently deformable flap 29, wherein the one or more rows 28 is disposed behind the first resiliently deformable flap and in front of the second resiliently deformable flap.
Nakai et al. discloses portion 29 as being cloth, but it is unclear as to the exact material of the base portion of 29. Favagrossa teaches that it is common and well known in the art to make similar deformable flaps 1 from a cloth outer portion 8 (see paragraph 24) and an elastomer base 5 (see paragraph 22). Therefore it would have been obvious to one of ordinary skill in the art to make the base portion of Nakai et al. from an elastomer rubber material, as taught by Favagrossa.
In regard to claim 2, wherein the first resiliently deformable flap extends from the first
end region to the second end region (the deformable flap extends the entire length of the agitator body).
In regard to claim 3, wherein the second resiliently deformable flap extends from the
first end region to the second end region (the deformable flap extends the entire length of the agitator body).
In regard to claim 4, wherein the one or more rows extends from the first end region to
the second end region (the bristles 28 extend the entire length of the agitator body).
In regard to claim 5, wherein the elastomer of the first rear facing layer includes rubber (see paragraph 22 of Favagrossa).
In regard to claim 8, wherein the first front facing layer and the first rear facing layer
are co-molded together (this is considered a product by process limitation, that carries little patentable weight in an apparatus claim. Nakai et al. in view of Favagrossa disclose all of the structural limitations of the claims and are therefore deemed to fully anticipate the apparatus claim. The manner in which the flap is manufactured is not deemed to change the positively recited structural limitations of the claim).
In regard to claim 9, wherein the first front facing layer and the first rear facing layer
are overmolded together (this is considered a product by process limitation, that carries little patentable weight in an apparatus claim. Nakai et al. in view of Favagrossa disclose all of the structural limitations of the claims and are therefore deemed to fully anticipate the apparatus claim. The manner in which the flap is manufactured is not deemed to change the positively recited structural limitations of the claim).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakai 7,712,183 in view of Favagrossa 2008/0010769 and further in view of Ventress et al. 2014/0196236.
In regard to claims 6 and 7, Nakai in view of Favagrossa disclose the agitator with a cloth
flap, as described above, but does not specifically disclose the cloth as being polyester or woven fabric. Ventress et al. teaches that it is common and well known in the art to provide similar types of agitator bars with cloth flaps that are made from woven polymeric material such as polyester (see paragraph 30). Therefore it would have been obvious to one of ordinary skill in the art to modify the cloth material of Favagrossa to include a woven polyester, as taught by Ventress et al.
Claim(s) 10-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-188951 in view of Favagrossa 2008/0010769.
In regard to claim 10, JP ‘951 discloses (fig. 9) an agitator for a vacuum cleaner comprising:
an agitator body 63; and
a resiliently deformable flap 44, 45 extending outwardly from the agitator body, the resiliently deformable flap including:
a base 45 configured to be secured to the agitator body;
a front face 44 defined by a facing layer; and
a rear face 45 defined a backing layer, the backing layer;
wherein the facing layer and the backing layer both form part of the base 64a.
JP ‘951A discloses a flap as described above, but it is unclear as to the exact material of the front face 44 and the rear face base portion of 45. Favagrossa teaches that it is common and well known in the art to make similar deformable flaps 1 from a cloth outer portion 8 (see paragraph 24) and an elastomer rubber base 5 (see paragraph 22). Therefore it would have been obvious to one of ordinary skill in the art to make the base portion of JP ‘951 from an elastomer rubber material and the front face portion 44 from cloth, as taught by Favagrossa.
In regard to claim 11, wherein at least a portion of the base, front face, and rear face
includes a generally T-shaped cross-section (see fig. 9).
In regard to claim 12, wherein the base includes a front portion and extending generally
away from the front face and a rear portion extending generally away from the rear face (the base is t-shaped).
In regard to claim 13, wherein the backing layer 45 extends across both the front portion
and the rear portion (portion 45 extends along a side and the bottom of the base).
In regard to claims 14 and 15, wherein the facing layer 44 extends only the front portion of the
Base (44 does not extend along the bottom of the base).
In regard to claim 16, wherein front portion and the rear portion of the base extend in
generally opposite directions from each other (one side of the T is 45 and the other side of the T is 44).
In regard to claim 17, JP ‘951 discloses an agitator 63 for a vacuum cleaner comprising:
an agitator body; and
a resiliently deformable flap 44, 45 extending outwardly from the agitator body, the resiliently deformable flap including:
a base 45 configured to be secured to the agitator body;
a front face 44 extending radially outward from the base, the front face defined by a
facing layer, and
a rear face 45 extending radially outward from the base, the rear face defined a backing
layer;
wherein the facing layer 44 extends radially outward from the base further than the rear layer 45.
JP ‘951A discloses a flap as described above, but it is unclear as to the exact material of the front face 44 and the rear face base portion of 45. Favagrossa teaches that it is common and well known in the art to make similar deformable flaps 1 from a cloth outer portion 8 (see paragraph 24) and an elastomer rubber base 5 (see paragraph 22). Therefore it would have been obvious to one of ordinary skill in the art to make the base portion of JP ‘951 from an elastomer rubber material and the front face portion 44 from cloth, as taught by Favagrossa.
In regard to claim 18, wherein a distal most end 44 of the facing layer defines a cleaning
edge configured to contact a surface to be cleaned.
In regard to claim 19, wherein the backing layer 45 does contact the surface to be cleaned.
In regard to claim 20, wherein the cleaning edge 44 forms a selvedge.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ventress, Ando, Naftal, Zheng, Yamin, Glas and Li disclose similar couplings that are common and well known in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679
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