/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 .
Continued Examination Under 37 CRF 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/05/2026 has been entered.
Status
In response to the amendment filed on 03/05/2026, claims 1, 10, and 25 have been amended, claim 11 is cancelled, and new claims 28 and 29 are added. Claims 1-10 and 12-29 are pending and under examination.
Claim Objections
Claim 28 is objected to because of the following informalities:
In claim 28, the phrase may be amended as “the one of [[a]]the battery mount or [[a]]the battery receptacle includes …” in lines 1-2, and the term may be amended as “[[the]]a cover engagement member” in line 3.
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.
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.
Claims 1, 2, 4-10, 12-16, 20-23, and 27-29 are rejected under 35 U.S.C. 103 as being unpatentable over Luyckx (US 2021/0153709, cited on 01/16/2025 IDS), in view of Quintero et al. (US 2020/0093343, cited on 01/16/2025 IDS, hereinafter Quintero), Moeller et al. (US 2019/0380548, hereinafter Moeller), and Kuramochi et al. (TW I711201B).
Regarding claim 1, Luyckx discloses, in fig. 4, a surface cleaner (extraction cleaner 10) comprising:
a main body having a base that supports the surface cleaner on a surface (fig. 4, a base 38 supports the cleaner 10 on a surface), the main body including a column extending from the base in a direction away from the surface and a handle positioned on an upper surface of the column opposite the base, column having a first side and a second side (see annotated Luyckx fig. 4 below, a column having a first side and a second side extends from the base 38 and a carry handle 36 is disposed at an upper surface of the column), the base includes a recovery tank support surface (see annotated Luyckx fig. 4 below for the recited recovery tank support surface);
a supply tank (supply tank 18) removably coupled to and supported by the base, the supply tank extending around a first portion of the column when the supply tank is coupled to the base such that a first end of the supply tank is disposed on the first side of the column and a second end of the supply tank is disposed on the second side of the column (see annotated Luyckx fig. 4 below, the supply tank 18 can be removed from the base 38);
a recovery tank (recovery tank 30) removably coupled to and supported by the base on the recovery tank support surface, the recovery tank extending around a second portion of the column when the recovery tank is coupled to the base such that a first end of the recovery tank is disposed on the first side of the column and a second end of the recovery tank is disposed on the second side of the column and spaced apart from the second end of the supply tank (see annotated Luyckx fig. 4 below, the recovery tank 30 can be removed from the base 38; fig. 2 the second end of the recovery tank 30 is spaced apart from the second end of the supply tank 18); and
wherein the first end of the supply tank is positioned adjacent the first end of the recovery tank (see annotated Luyckx fig. 4 below, the first ends of the supply tank and recovery tank are positioned nearby to each other), but does not disclose the battery is removably coupled to and supported by the battery mount or the battery receptacle.
Quintero teaches, in an analogous surface cleaner field of endeavor, the battery is removably coupled to and supported by the battery mount or the battery receptacle (fig. 7 and ¶ 0041, a battery pack 180 is removably coupled to and supported by a battery compartment 178 [corresponds to the recited battery mount]. Quintero teaches a portable surface cleaner comprising a supply tank and a recovery tank same as the instant application, and there can be a battery and a battery mount on one side of a column).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cleaner of Luyckx to provide the removable battery as taught by Quintero so that it supplies power to operate the cleaner (Quintero ¶ 0041).
Luyckx discloses the cleaner 10 can be powered by a battery onboard the cleaner (¶ 0048). Therefore, the Luyckx’s cleaner can accommodate a battery supported by a battery mount or a battery receptacle.
Luyckx as modified by Quintero does not disclose one of a battery mount or a battery receptacle is disposed on the second side of the column, the battery extends along a third portion of the column.
Quintero discloses the battery mount is disposed on the first portion of the column, instead of the third portion, based on the identification of the instant application.
Nevertheless, Moeller teaches, in an analogous portable cleaning device field of endeavor, one of a battery mount or a battery receptacle is disposed on the second side of the column, the battery extends along a third portion of the column (fig. 20 and ¶ 0072, a portable vacuum cleaner comprises a housing 710 [corresponds to the recited main body]. A battery receptacle 746 is disposed at a middle portion on one side of the housing to receive a battery pack 748. Thus, Moeller teaches the battery receptacle can be disposed at the recited second side or third portion of the column).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero to provide the battery receptacle/mount on the recited side of the column as taught by Moeller. Mounting a battery at a middle of the cleaner housing may help a user to carry the cleaner easily during the cleaning operation because the battery is usually heavy and it may be inconvenient to carry the cleaner manually if the battery is mounted at an end of the cleaner housing.
Luyckx as modified by Quintero and Moeller teaches the base includes a battery facing surface, the battery is disposed adjacent the battery facing surface of the base (annotated Quintero fig. 13 below, Quintero’s base includes a battery facing surface and a battery 180 is disposed adjacent the battery facing surface as shown in figs. 4 and 7), the battery facing surface is sloped toward the column (see annotated Quintero fig. 13 below, a slope is defined as rise over run, thus any line or plane has a slope. Therefore, the battery facing surface has a slope toward the column; Otherwise it appears the battery facing surface shown in Quintero fig. 12 is slightly sloped toward a column), the second end of the supply tank is disposed adjacent the battery mount or the battery receptacle, and the second end of the recovery tank is disposed adjacent the battery mount or the battery receptacle, wherein the battery is disposed between the second end of the supply tank and the second end of the recovery tank configured such that the supply tank, the recovery tank and the battery encircle a perimeter of the column.
As discussed above, Moeller teaches the battery can be mounted on the third portion of the column. The teaching of Moeller can be combined with the teaching of Luyckx as modified by Quintero such that the battery is disposed between the second end of the supply tank and the second end of the recovery tank. By doing so, the second ends of the supply tank and the recovery tank are disposed adjacent to either side of the battery receptacle, and the supply tank, the recovery tank, and the battery encircle a perimeter of the column. Additionally, the combination teaches the base of Luyckx includes the battery facing surface disclosed by Quintero, and the battery facing surface of Quintero would be sloped toward the column of Luyckx.
Luyckx as modified by Quintero and Moeller does not disclose the battery facing surface is sloped toward the recovery tank support surface such that the battery facing surface is configured to direct fluid on the battery facing surface onto the recovery tank support surface.
Quintero disclose a sloped surface toward the recovery tank support face (see annotated Quintero fig. 1 below, because the battery can be disposed at the third portion of the column, the battery facing surface can be sloped toward the recovery tank support surface).
Assuming arguendo, that Quintero does not teach the battery facing surface sloped toward the recovery tank support face, Kuramochi teaches, in an analogous battery receptacle device field of endeavor and capable of solving primary problem, the battery facing surface is sloped toward the recovery tank support surface such that the battery facing surface is configured to direct fluid on the battery facing surface onto the recovery tank support surface (Kuramochi English translation, p. 21:14-23 and fig. 6, a bottom wall [corresponds to the recited battery facing surface] of a battery chamber [corresponds to the recited battery mount] is inclined toward a drain pipe 65. Kuramochi teaches a bottom surface, which supports a battery, can be inclined for helping drainage of water. By combining Kuramochi with Quintero, the battery facing surface can be modified to be sloped toward the recovery tank so that water can be drained from the battery facing surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery facing surface of Luyckx as modified by Quintero and Moeller to make it sloped as taught by Kuramochi. The sloped surface helps draining water that penetrates into a battery compartment, and improves waterproof performance of the battery compartment (Kuramochi English translation, p. 18:10-17).
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Annotated Quintero Fig. 13
Regarding claim 2, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the handle extends from the upper surface of the column above the supply tank and the recovery tank (see Luyckx fig. 1 and annotated Luyckx fig. 4 above, the handle 36 extends from the upper surface of the column above the supply tank 18 and the recovery tank 30).
Regarding claim 4, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the handle includes a user graspable portion, and wherein a longitudinal axis of the user graspable portion is transverse to a longitudinal axis of the column (see annotated Luyckx fig. 4 above).
Regarding claim 5, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 4, wherein the supply tank forms an outer rear wall of the surface cleaner and the recovery tank forms an outer front wall of the surface cleaner, the outer front wall positioned opposite the outer rear wall along a horizontal longitudinal axis of the surface cleaner, wherein the longitudinal axis of the user graspable portion and the horizontal longitudinal axis of the surface cleaner define a plane, and wherein the battery is not intersected by the plane (see annotated Luyckx fig. 4 above for the recited positions of the supply tank and the recovery tank; Luyckx fig. 2, based on the discussion in the rejection of claim 1, the battery is positioned on the third portion of the column. A plane defined by the longitudinal axis of the user graspable portion and the horizontal longitudinal axis of the surface cleaner would lie along a symmetric center of the surface cleaner. A wall surface of the column at the second portion is offset from the symmetric center of the surface cleaner. Thus, the battery would not be intersected by the plane).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to place the battery as recited for easy carrying and weight balance of the surface cleaner.
Regarding claim 6, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 5, wherein an insertion direction of the battery extends along the plane (Quintero, fig. 13, because battery coupling protrusions are disposed vertically on the surface cleaner, the battery 180 would be inserted in the vertical direction along the vertical direction of the plane).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to provide the recited battery insertion direction as taught by Quintero. Because the surface cleaner is usually place on a ground surface during the cleaning operation, it would be convenient for a user to insert the battery in the vertical direction.
Regarding claim 27, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 5, wherein the battery forms at least a portion of an outer side wall of the surface cleaner, the side wall positioned between the outer front wall and the outer rear wall (Quintero, fig. 3, the battery 180 covered by a battery cover 182 forms a portion of an outer wall of the surface cleaner. As discussed in the rejection of claim 1, the battery can be disposed between the recovery tank and the supply tank, thus the battery can form the side wall of the surface cleaner).
Regarding claim 7, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 4, wherein the longitudinal axis of the user graspable portion is transverse to an insertion direction of the battery (see annotated Quintero fig. 13 above).
Regarding claim 8, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 7, wherein the longitudinal axis of the column is along the insertion direction of the battery (see annotated Quintero fig. 13 above).
Regarding claim 9, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the battery is removably coupled to and supported by the column (annotated Quintero fig. 13 above and ¶ 0041, the battery is supported by the column and removably coupled to the column).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to provide the removable battery as taught by Quintero so that it supplies power to operate the cleaner (Quintero ¶ 0041).
Regarding claim 10, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the battery facing surface faces a lowermost surface of the battery when the battery is coupled to the main body (see annotated Quintero fig. 13 above, the base includes a battery facing surface), wherein the recovery tank support surface supports a lowermost surface of the recovery tank when the recovery tank is coupled to the base (see annotated Luyckx fig. 4 above).
Regarding claim 12, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 10, wherein the battery facing surface is farther from the base along a longitudinal axis of the column than the recovery tank support surface (see annotated Quintero fig. 13 above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to place the battery facing surface father from the base than the recovery tank support face as taught by Quintero. The battery can be inserted quickly than having the battery facing surface close to the base.
Regarding claim 13, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the recovery tank includes a lid defining a top surface of the recovery tank (Quintero, fig. 14 and ¶ 0028, the recovery tank 108 includes a tank lid 212), and wherein a top surface of the battery extends above the lid (Quintero, figs. 4 and 14, a top surface of the battery 180, 182 extends above the lid 212).
Regarding claim 14, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the first end of the supply tank is positioned closer to a center of the column than the second end of the supply tank (see annotated Luyckx fig. 4 above).
Regarding claim 15, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 14, wherein the first end of the recovery tank is positioned closer to the center of the column than the second end of the recovery tank (see annotated Luyckx fig. 4 above).
Regarding claim 16, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the upper surface of the column includes a well proximate the third portion to form an opening between a portion of the column and the battery, the well configured to allow a user to grasp the battery (annotated Quintero fig. 1 above, the upper surface of the column includes a well to form an opening between the column and the supply tank 106. Quintero discloses the supply tank disposed at the middle of the column, however, as discussed in the rejection of claim 1, the battery can be disposed at the middle of the column. Then the well would be disposed between the column and the battery. Allowing a user to grasp the battery is an intended use having little patentable weight).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to provide the well as taught by Quintero. It may help a user to insert or remove the component easily.
Regarding claim 20, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, further comprising a cleaning tool coupled to the main body (Luyckx, fig. 1 and ¶ 0053, a hand-held tool 22 [corresponds to the recited cleaning tool] is coupled to the main housing 12), and a suction source disposed within the main body and in fluid communication with the cleaning tool (Luyckx fig. 1 and ¶ 0046, a suction source in a form of a motor/fan assembly 34 is disposed in the main housing 12 and in fluid communication with an extraction nozzle 28 of the hand-held tool 22), wherein the suction source is powered by the battery (Luyckx ¶ 0048, the battery powers electrical components including the motor/fan assembly 34).
Regarding claim 21, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the supply tank, the recovery tank, and the battery substantially form a perimeter of the surface cleaner (Luyckx fig. 1 and Quintero fig. 1, the supply tank, the recovery tank, and the battery form a perimeter of the surface cleaner).
Regarding claim 22, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the first portion, the second portion, and the third portion form a perimeter of the column (see annotated Luyckx fig. 4 above, the first, second, and third portions form a perimeter of the column).
Regarding claim 23, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, further comprising a battery cover rotatably coupled to the main body, the battery cover rotatable between an open position in which the battery is accessible by a user and a closed position (Quintero fig. 7 and ¶ 0042, the battery cover 182 is rotatably coupled to the main body and the battery cover 182 covers and uncovers the battery pack 180).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to provide the battery cover as taught by Quintero. The battery cover can prevent the battery from being damaged in case there is an external impact force applied to the battery.
Regarding claim 28, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 23, wherein the one of a battery mount or a battery includes an upwardly extending inner surface including outwardly extending side walls, the inner surface faces the battery and is spaced apart from the cover engagement member, wherein a space between the inner surface and the cover engagement member defines a channel configured to direct fluid away from the battery (see annotated Quintero fig. 13 above for the recited inner surface, side walls, cover engagement member. A channel configured to direct fluid away from the battery is an intended use. The inner surface and the cover engagement member of Quintero also include a space between them, thus the space can be defined as a channel and can be configured to direct fluid away from the battery).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to provide the recited battery mount as taught by Quintero for effective use of the battery as a power source for the surface cleaner.
Regarding claim 29, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the recovery tank support surface includes a reservoir configured to collect fluid directed toward the recovery tank support surface (see annotated Luyckx fig. 4 above for the reservoir. Collection of fluid directed toward the recovery tank support surface is an intended use. The reservoir of Luyckx can be configured to collect fluid), and wherein the battery facing surface includes a rounded edge proximate the recovery tank configured to direct fluid into the reservoir (see annotated Quintero fig. 13 above, the battery facing surface of Quintero has a rounded edge. Combination of Quintero with Moeller teaches the battery mount of Quintero would be disposed at the third portion of the column, and the edge would be disposed proximate to the recovery tank of Luyckx).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to provide the battery facing surface including the rounded edge as taught by Quintero. The rounded edge would fit well in coupling with a battery cover.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Luyckx in view of Quintero, Moeller, and Kuramochi, as applied to claim 1 above, and in further view of Sudzuki (RU 2505904C1).
Regarding claim 3, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, but does not disclose the battery includes an actuator configured to be grasped by a user to remove the battery from the main body.
Sudzuki teaches, in a battery powered tool field of endeavor, the battery includes an actuator configured to be grasped by a user to remove the battery from the main body (Sudzuki English translation, p. 9:15-19 and fig. 19, a battery includes a latch release button 14 [corresponds to the recited actuator] used to release the battery from a tool).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero and Moeller to provide the battery actuator as taught by Sudzuki for easy release of the battery.
Luyckx as modified by Quintero, Moeller, Kuramochi, and Sudzuki teaches the actuator is disposed closer to the handle than the base when the battery is coupled to the main body.
Because the latch release button 14 of Sudzuki is disposed at a free end of the battery away from a battery interface connector 20 (see Sudzuki fig. 19), the button would be displaced closer to the handle 188 than the base 102 when the battery is attached to the surface cleaner (see Quintero figs. 3 and 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, Kuramochi, and Sudzuki to dispose the actuator close to the handle. It would be convenient for a user to insert or remove the battery with the surface cleaner.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Luyckx in view of Quintero, Moeller, and Kuramochi, as applied to claim 1 above, and in further view of Rukavina et al. (US 2020/0196820, hereinafter Rukavina).
Regarding claim 17, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, but does not disclose the recovery tank includes a notch proximate the battery to form an opening between a portion of the recovery tank and the battery, wherein the supply tank includes a notch proximate the battery to form an opening between a portion of the supply tank and the battery, and wherein the opening between the recovery tank and the battery and the opening between the supply tank and the battery are configured to allow a user to grasp the battery.
Rukavina teaches, in an analogous surface cleaner field of endeavor, the recovery tank includes a notch proximate the battery to form an opening between a portion of the recovery tank and the battery, wherein the supply tank includes a notch proximate the battery to form an opening between a portion of the supply tank and the battery, and wherein the opening between the recovery tank and the battery and the opening between the supply tank and the battery are configured to allow a user to grasp the battery (annotated Rukavina fig. 1 below, Rukavina discloses a surface cleaner having a battery 22 at a rear end of the surface cleaner the same as the battery of Quintero. However, the battery of Rukavina includes notches formed at right and left sides proximate to the column. Therefore, when the battery of Rukavina is displaced at the middle of the column, as discussed in the rejection of claim 1, the battery would have the notch proximate to the recovery tank and the other notch proximate to the supply tank to form openings. Allowing the user to grasp the battery is an intended use having little patentable weight).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the surface cleaner of Luyckx as modified by Quintero, Moeller, and Kuramochi to provide the openings formed by the notches as taught by Rukavina. Rukavina shows there are buttons at the openings of the battery proximate to the column (see annotated Rukavina fig. 1 below). Although Rukavina does not disclose the use of the buttons, they appear to be battery release buttons. The openings would allow a user to access the buttons to remove the battery from the surface cleaner.
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Annotated Rukavina Fig. 1
Regarding claim 18, Luyckx as modified by Quintero, Moeller, Kuramochi, and Rukavina teaches the surface cleaner as in the rejection of claim 17, wherein the notch in the recovery tank is formed in a top surface of the recovery tank, and wherein the notch in the supply tank is formed in a top surface of the supply tank (see annotated Rukavina fig. 1 above, as the battery is displaced at the middle of the column as discussed in the rejection of claim 1, the notches would be formed at the top surfaces of the tanks).
Regarding claim 19, Luyckx as modified by Quintero, Moeller, Kuramochi, and Rukavina teaches the surface cleaner as in the rejection of claim 17, wherein the upper surface of the column includes a well proximate the third portion to form an opening between a portion of the column and the battery, and wherein the well, the notch in the supply tank, and the notch in the recovery tank form a relief opening to allow a user to grasp the actuator (see annotated Rukavina fig. 1 above, as the battery is displaced at the middle of the column as discussed in the rejection of claim 1, the well and the notches would for openings to allow a user to grasp the battery removing buttons).
Claims 24-26 are rejected under 35 U.S.C. 103 as being unpatentable over Luyckx in view of Quintero, Moeller, and Kuramochi, as applied to claim 1 above, and in further view of Noh et al. (US 2015/0115876, hereinafter Noh).
Regarding claim 24, Luyckx as modified by Quintero, Moeller, and Kuramochi teaches the surface cleaner as in the rejection of claim 1, wherein the main body includes a task light, the task light positioned to be intersected by a plane defined by the horizontal longitudinal axis and a vertical longitudinal axis of the surface cleaner (see annotated Luyckx fig. 4 above, the main body includes a task light 100 positioned to be intersected by a plane defined by the horizontal longitudinal axis and a vertical longitudinal axis of the surface cleaner. The task light of Luyckx is located at the first side of the column, but the location is also defined by the recited plane), but does not disclose the task light emits light forward of the outer front wall.
Noh teaches, in an analogous surface cleaner field of endeavor, the task light emits light forward of the outer front wall (fig. 3 and ¶ 0021, a pattern emission unit 110 [corresponds to the recited task light] may emit light forward of the main body).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the task light of Luyckx as modified by Quintero, Moeller, and Kuramochi to emit the light forward as taught by Noh for detection of an object in front of the cleaner (Noh ¶ 0021).
Regarding claim 25, Luyckx as modified by Quintero, Moeller, Kuramochi, and Noh teaches the surface cleaner as in the rejection of claim 24, wherein the task light includes at least one LED (Luyckx ¶ 0066-67, light source 112 of the task light can be an array of light emitting diodes (LEDs)).
Regarding claim 26, Luyckx as modified by Quintero, Moeller, Kuramochi, and Noh teaches the surface cleaner as in the rejection of claim 24, wherein the task light is integrated into the base (see annotated Luyckx fig. 4 above, the task light 100 is integrated into the base 38).
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues Luyckx does not illustrate a battery or provide any indication of the structure that would accommodate a battery. Examiner respectfully disagrees.
Although figures of Luyckx show the cleaner is powered by a power cord, Luyckx discloses, in ¶ 0048, that the cleaner can be powered by a battery onboard the cleaner. Thus, the Luyckx’s cleaner can accommodate a battery like the Quintero’s battery.
Applicant further argues the Quintero’s battery is not disposed on the third portion of the column. Regarding the location of the battery, Moeller teaches the battery can be disposed at middle portion of a portable vacuum cleaner instead of an end position. Thus, combination of Quintero with Moeller teaches the recited location of the battery. Applicant also argues Moeller does not disclose a supply tank, a recovery tank, or a column. However, Moeller is cited for teaching the battery can be disposed at the middle portion of the cleaner like the instant application.
Applicant argues Luyckx and Quintero are silent regarding the cleaner having any sloped surfaces for directing/draining water. Examiner respectfully disagrees.
Quintero shows a sloped surface toward the recovery tank in fig. 12 although the sloped surface is not directly extended from the battery facing surface. In order to teach the recited feature, Kuramochi is cited additionally. Kuramochi teaches a bottom surface for supporting a battery can be inclined for the purpose of draining water. Therefore, the teaching of Kuramochi can be combined with Luyckx and Quintero to teach the sloped battery facing surface for water drainage.
Applicant argues Sudzuki, Rukavina, and Noh do not cure the deficiencies of Luyckx, Quintero, and Moeller because Sudzuki does not disclose a wet vac, Rukavina does not disclose a sloped battery facing surface, and Noh does not disclose a recovery tank and a sloped battery facing surface. Examiner respectfully disagrees.
Sudzuki is cited for teaching an actuator of the battery, Rukavina is cited for teaching a notch of the recovery tank and a well of the column, and Noh is cited for teaching a task light. They are pertinent references cited for teaching particularly recited features.
For the reasons above, the arguments are not persuasive.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUKWOO JAMES CHANG whose telephone number is (571)272-7402. The examiner can normally be reached M-F 8:00a-5:00p.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SUKWOO JAMES CHANG/Examiner, Art Unit 3723
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