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 .
Claim Status
Claims 1-21 are currently pending.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character (1), figure 2 has been used to designate both an infrared sensor, and a guide device, and reference character (2), figure 2 has been used to designate both an infrared sensor, and a guide device. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The description discloses the same reference character “1” for two different elements (an infrared sensor, and a guide device) (applicant’s specification [0028 and 0034]), and reference character “2” for two different elements (an infrared sensor, and a guide device) (applicant’s specification [0028 and 0034]).
Appropriate corrections are required.
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.
Regarding claims 1, 10, 11, 15 and 20, claim limitation “guide device” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Regarding claim 10, claim limitation “distance determination module configured to determine…” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
In addition, claim 10 recites the limitation “control module configured to determine…”, this limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Moreover, claim 10 recites the limitation “wall edge distance adjustment module configured to determine…”, this limitation has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses use a generic placeholder coupled with functional language without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1, 10, 11, 15 and 20 have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation:
In the specification, “guide device” has been defined as a guide wheel or a guide angle structure integrated with the swimming pool robot [0034], and equivalents thereof.
In the specification, “distance determination module” has been defined as configured to determine, by the distance detection sensor, a distance between the swimming pool robot and a swimming pool wall [0046], figure 5, #510, and equivalents thereof.
In the specification, “control module” has been defined as configured to determine whether the distance between the swimming pool robot and the swimming pool wall matches a target distance when moving along the wall edge [0047], figure 5, #520, and equivalents thereof.
In the specification, “wall edge distance adjustment module” has been defined as configured to determine whether the guide device touches the swimming pool wall [0048], figure 5, #530, and equivalents thereof.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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.
(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.
Claims 1, 4, 7-11, 14-16, 20 and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2003/0102014 to Yoshino (hereinafter “Yoshino”).
Regarding claim 1, Yoshino teaches a method for a swimming pool robot (self-running cleaning apparatus, [0002]) to clean along a wall edge, the swimming pool robot comprising a distance detection sensor (distance sensors, figure 10, #16-21, distance sensors measure the distance from the wall surface [0044 and 0051]) and a guide device (rotatable guide roller, figure 10, #33, [0048]), wherein the method comprises: in a case where a task of cleaning along the wall edge is performed, determining, by the distance detection sensor, a distance between the swimming pool robot and a swimming pool wall (the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the distance sensors (figure 10, #18-21), see figure 10, and [0059]), determining whether the distance between the swimming pool robot and the swimming pool wall matches a target distance when moving along the wall edge, and in a case where the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge, controlling the swimming pool robot to turn towards the swimming pool wall, and driving the swimming pool robot to move forward (the movement-control unit (figure 6, #50) monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the right motor (figure 6, #51), left motor (figure 6, #53) or displacement motor (figure 6, #55) in order to move closer to the wall surface of the pool, see figure 10, and [0060]), and determining whether the guide device (rotatable guide roller, figure 10, #33, [0048]) touches the swimming pool wall, and in a case where the guide device (rotatable guide roller, figure 10, #33, [0048]) touches the swimming pool wall, driving the swimming pool robot to move forward, until the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge (the left-side distance ‘a’ is set such that it is the distance where the guide roller (figure 10, #33) of the rotating inlet (figure 10, #15) comes in contact with the wall surface of the pool or at a distance a little less than that distance [0062], wherein when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the distance sensors (figure 10, #18-21), see figure 10, and [0059]), and the movement control unit monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the motors (figure 6, #51, 53, or 55) in order to move closer to the wall surface of the pool [0060]).
Regarding claim 4, Yoshino further teaches that determining whether the distance between the swimming pool robot and the swimming pool wall matches a target distance when moving along the wall edge comprises: in a case where the distance between the swimming pool robot and the swimming pool wall is less than or equal to a first preset threshold, determining the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge (the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the first left-side distance sensor (figure 10, #18), the second left-side distance sensor (figure 10, #19), the first right side distance sensor (figure 10, #20), and the second right-side distance sensor (figure 10, #21), see figure 10, and [0059]), in a case where the distance between the swimming pool robot and the swimming pool wall is greater than the first preset threshold, determining the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge (the movement control unit monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the motors (figure 6, #51, 53, or 55) in order to move closer to the wall surface of the pool [0060]).
Regarding claim 7, Yoshino further teaches that in a case where the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge, controlling the swimming pool robot to move forward to clean a current area along the wall edge determined based on the target distance when moving along the wall edge (the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the first left-side distance sensor (figure 10, #18), the second left-side distance sensor (figure 10, #19), the first right side distance sensor (figure 10, #20), and the second right-side distance sensor (figure 10, #21), see figure 10, and [0059]), in a process of cleaning the current area along the wall edge, detecting, by the distance detection sensor located in front of the swimming pool robot, whether there is an obstacle in front of the swimming pool robot to determine a turning time of the swimming pool robot (while the self-running cleaning apparatus moves along the wall, maintaining left-distance ‘a’, it uses the first front distance sensor (figure 10, #16) and section front distance sensor (figure 10, #17) to detect when the distance to the wall surface of the pool in the front reaches a front distance ‘b’, wherein when the cleaning apparatus reaches the front distance ‘b’ from the surface of the pool in the front (see figure 10), the movement control unit stops the right motor and operates only the left motor and shifts the displacement motor in the left direction to turn the self-running cleaning apparatus 90 degrees to the right [0064]).
Regarding claim 8, Yoshino further teaches the step of sending, by the distance detection sensor located in front of the swimming pool robot, a detection signal forward in real time (while the self-running cleaning apparatus moves along the wall, maintaining left-distance ‘a’, it uses the first front distance sensor (figure 10, #16) and section front distance sensor (figure 10, #17) to detect when the distance to the wall surface of the pool in the front reaches a front distance ‘b’ [0064]), in a case where the distance detection sensor receives the detection signal returned by an obstacle, determining there is the obstacle in front of the distance detection sensor (while the self-running cleaning apparatus moves along the wall, maintaining left-distance ‘a’, it uses the first front distance sensor (figure 10, #16) and section front distance sensor (figure 10, #17) to detect when the distance to the wall surface of the pool in the front reaches a front distance ‘b’, wherein the front distance ‘b’ is set at a distance where the obstacle-detection arm does not come in contact with the wall surface of the pool [0064]), and in a case where there is the obstacle in front of the distance detection sensor, determining the distance between the swimming pool robot and the obstacle according to the detection signal returned (while the self-running cleaning apparatus moves along the wall, maintaining left-distance ‘a’, it uses the first front distance sensor (figure 10, #16) and section front distance sensor (figure 10, #17) to detect when the distance to the wall surface of the pool in the front reaches a front distance ‘b’ [0064]), and in a case where the distance between the swimming pool robot and the obstacle is less than or equal to a second preset threshold, determining the turning time of the swimming pool robot (while the self-running cleaning apparatus moves along the wall, maintaining left-distance ‘a’, it uses the first front distance sensor (figure 10, #16) and section front distance sensor (figure 10, #17) to detect when the distance to the wall surface of the pool in the front reaches a front distance ‘b’, wherein when the cleaning apparatus reaches the front distance ‘b’ from the surface of the pool in the front (see figure 10), the movement control unit stops the right motor and operates only the left motor and shifts the displacement motor in the left direction to turn the self-running cleaning apparatus 90 degrees to the right [0064]).
Regarding claim 9, Yoshino further teaches that in a case where the swimming pool robot reaches the turning time, executing a turning instruction to control the swimming pool robot to turn a preset angle, the preset angle is less than or equal to 90 degrees (wherein when the cleaning apparatus reaches the front distance ‘b’ from the surface of the pool in the front (see figure 10), the movement control unit stops the right motor and operates only the left motor and shifts the displacement motor in the left direction to turn the self-running cleaning apparatus 90 degrees to the right [0064]), and in a case where the guide device (rotatable guide roller, figure 10, #33) touches the swimming pool wall or the obstacle in turning process of the swimming pool robot, driving the swimming pool robot to complete the turning (in the 90 degree turning operation the guide roller of the rotating inlet is pressed by the wall surface of the pool [0065]).
Regarding claim 10, Yoshino teaches an apparatus for a swimming pool robot (self-running cleaning apparatus, [0002]) to clean along a wall edge, the swimming pool robot comprising a distance detection sensor (distance sensors, figure 10, #16-21, distance sensors measure the distance from the wall surface [0044 and 0051]) and a guide device (rotatable guide roller, figure 10, #33, [0048]), wherein the apparatus comprises a distance determination module configured to determine, by the distance detection sensor, a distance between the swimming pool robot and a swimming pool wall, in a case where a task of cleaning along the wall edge is performed (when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the first left-side distance sensor (figures 6 and 10, #18), second left-side distance sensor (figures 6 and 10, #19), first right-side distance sensor (figures 6 and 10, #20) and second right-side distance sensor (figures 6 and 10, #21), see figure 6, [0059]), a control module configured to determine whether the distance between the swimming pool robot and the swimming pool wall matches a target distance when moving along the wall edge, and in a case where the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge, controlling the swimming pool robot to turn towards the swimming pool wall, and driving the swimming pool robot to move forward (a movement-control unit (figure 6, #50) performs the movement operation corresponding to the information from the distance sensors (figures 6 and 10, #16 to 21) [0054],and that the movement-control unit (figure 6, #50) monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the right motor (figure 6, #51), left motor (figure 6, #53) or displacement motor (figure 6, #55) in order to move closer to the wall surface of the pool, see figures 6 and 10, and [0060]), and a wall edge distance adjustment module configured to determine whether the guide device (rotatable guide roller, figure 10, #33) touches the swimming pool wall, and in a case where the guide device touches the swimming pool wall, driving the swimming pool robot to move forward, until the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge (the left-side distance ‘a’ is set such that it is the distance where the guide roller (figure 10, #33) of the rotating inlet (figure 10, #15) comes in contact with the wall surface of the pool or at a distance a little less than that distance [0062], wherein when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the first left-side distance sensor (figures 6 and 10, #18), second left-side distance sensor (figures 6 and 10, #19), first right-side distance sensor (figures 6 and 10, #20) and second right-side distance sensor (figures 6 and 10, #21), see figure 6, [0059], and the movement control unit monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the motors (figure 6, #51, 53, or 55) in order to move closer to the wall surface of the pool [0060], see figure 6).
Regarding claim 11, Yoshino teaches a swimming pool robot (self-running cleaning apparatus, [0002]) comprising a distance detection sensor (distance sensors, figure 10, #16-21, distance sensors measure the distance from the wall surface [0044 and 0051]) a guide device (rotatable guide roller, figure 10, #33, [0048]), and a processor (the movement-control unit (figure 6, #50) performs the movement operation corresponding to the information from the distance sensors (figure 6 and 10, #16 to 21) by turning the right motor (figure 6, #51), left motor (figure 6, #53) and displacement motor (figure 6, # 55) based on the movement-operation program that is stored in the operation memory (figure 6, #57) [0054], see figure 6), wherein the processor is configured to determine, through the distance detection sensor, a distance between a swimming pool robot and a swimming pool wall in a case where a task of cleaning along the wall edge is performed (when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the first left-side distance sensor (figures 6 and 10, #18), second left-side distance sensor (figures 6 and 10, #19), first right-side distance sensor (figures 6 and 10, #20) and second right-side distance sensor (figures 6 and 10, #21), see figure 6, [0059]), and determine whether the distance between the swimming pool robot and the swimming pool wall matches a target distance when moving along the wall edge, and in a case where the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge, the processor is further configured to control the swimming pool robot to turn towards the swimming pool wall, and drive the swimming pool robot to move forward (the movement-control unit (figure 6, #50) monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the right motor (figure 6, #51), left motor (figure 6, #53) or displacement motor (figure 6, #55) in order to move closer to the wall surface of the pool, see figure 10, and [0060]), and determine whether the guide device touches the swimming pool wall, and in a case where the guide device touches the swimming pool wall, the processor is further configured to drive the swimming pool robot to move forward, until the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge (the left-side distance ‘a’ is set such that it is the distance where the guide roller (figure 10, #33) of the rotating inlet (figure 10, #15) comes in contact with the wall surface of the pool or at a distance a little less than that distance [0062], wherein when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the distance sensors (figure 10, #18-21), see figure 10, and [0059]), and the movement control unit monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the motors (figure 6, #51, 53, or 55) in order to move closer to the wall surface of the pool [0060]).
Regarding claim 14, Yoshino further teaches that the processor is configured to in a case where the distance between the swimming pool robot and the swimming pool wall is less than or equal to a first preset threshold, determine the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge (the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the first left-side distance sensor (figure 10, #18), the second left-side distance sensor (figure 10, #19), the first right side distance sensor (figure 10, #20), and the second right-side distance sensor (figure 10, #21), see figures 6 and 10, and [0059]), and that in a case where the distance between the swimming pool robot and the swimming pool wall is greater than the first preset threshold, determine the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge (the movement control unit monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the motors (figure 6, #51, 53, or 55) in order to move closer to the wall surface of the pool [0060]).
Regarding claim 15, Yoshino teaches a method for a swimming pool robot (self-running cleaning apparatus, [0002]) to clean along a wall edge, the swimming pool robot comprising a distance detection sensor (distance sensors, figure 10, #16-21, distance sensors measure the distance from the wall surface [0044 and 0051]) and a guide device (rotatable guide roller, figure 10, #33, [0048]) disposed at a side of the swimming pool robot (see figure 10), wherein the method comprises: in a case where a task of cleaning along the wall edge is performed, determining, through the distance detection sensor, a distance between the swimming pool robot and a swimming pool wall (the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the distance sensors (figure 10, #18-21), see figure 10, and [0059]), determining whether the distance between the swimming pool robot and the swimming pool wall matches a target distance when moving along the wall edge, and in a case where the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge, controlling the swimming pool robot to turn towards the swimming pool wall (the movement-control unit (figure 6, #50) monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the right motor (figure 6, #51), left motor (figure 6, #53) or displacement motor (figure 6, #55) in order to move closer to the wall surface of the pool, see figure 10, and [0060]), and controlling the swimming pool robot to continue to move forward after the turning, and during the swimming pool robot's continued forward movement, the guide device is able to contact the swimming pool wall (the left-side distance ‘a’ is set such that it is the distance where the guide roller (figure 10, #33) of the rotating inlet (figure 10, #15) comes in contact with the wall surface of the pool or at a distance a little less than that distance [0062], wherein when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the distance sensors (figure 10, #18-21), see figure 10, and [0059]).
Regarding claim 16, Yoshino further teaches that in a case where the guide device (rotatable guide roller, figure 10, #33) contacts the swimming pool wall, the method further comprises the step of controlling the swimming pool robot to continue to move forward, and during the swimming pool robot's continued forward movement, the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge (when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the distance sensors (figure 10, #18-21), see figure 10, and [0059], wherein the left-side distance ‘a’ is set such that it is the distance where the guide roller (figure 10, #33) of the rotating inlet (figure 10, #15) comes in contact with the wall surface of the pool or at a distance a little less than that distance [0062]).
Regarding claim 20, Yoshino teaches a swimming pool robot (self-running cleaning apparatus, [0002]) comprising a distance detection sensor (distance sensors, figure 10, #16-21, distance sensors measure the distance from the wall surface [0044 and 0051]) a guide device (rotatable guide roller, figure 10, #33, [0048]), and a processor (the movement-control unit (figure 6, #50) performs the movement operation corresponding to the information from the distance sensors (figures 6 and 10, #16 to 21) by turning the right motor (figure 6, #51), left motor (figure 6, #53) and displacement motor (figure 6, # 55) based on the movement-operation program that is stored in the operation memory (figure 6, #57) [0054], see figure 6), wherein the processor is configured to determine, through the distance detection sensor, a distance between the swimming pool robot and a swimming pool wall in a case where a task of cleaning along the wall edge is performed (when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the first left-side distance sensor (figures 6 and 10, #18), second left-side distance sensor (figures 6 and 10, #19), first right-side distance sensor (figures 6 and 10, #20) and second right-side distance sensor (figures 6 and 10, #21), see figure 6, [0059]), determine whether the distance between the swimming pool robot and the swimming pool wall matches a target distance when moving along the wall edge, and in a case where the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge, wherein the processor is further configured to control the swimming pool robot to turn towards the swimming pool wall (the movement-control unit (figure 6, #50) monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the right motor (figure 6, #51), left motor (figure 6, #53) or displacement motor (figure 6, #55) in order to move closer to the wall surface of the pool, see figure 10, and [0060]), and control the swimming pool robot to continue to move forward after the turning, and during the swimming pool robot's continued forward movement, the guide device is able to contact the swimming pool wall (the left-side distance ‘a’ is set such that it is the distance where the guide roller (figure 10, #33) of the rotating inlet (figure 10, #15) comes in contact with the wall surface of the pool or at a distance a little less than that distance [0062], wherein when the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the distance sensors (figure 10, #18-21), see figures 6 and 10, and [0059]).
Regarding claim 21, Yoshino further teaches that the swimming pool robot comprises an operation memory unit (figure 6, #57) for storing a movement operation program that corresponds to the information from the distance sensors (figure 6, #16 to 21), wherein the operation memory unit (figure 6, #57) stores the wall-surface movement operation, detour movement operation, 90-degree right turn operation, 180-degree right turn operation, 180-degree left turn operation, and position detection operation as the movement-operation program, and a movement-control unit (figure 6, #50), which performs the movement operation corresponding to the information from the distance sensors by turning the right motor (figure 6, #51), left motor (figure 6, #53) and displacement motor (figure 6, #55) based on the movement-operation program that is stored in the operation memory unit (figure 6, #57) (see figures 6 and 7) [0053-0056].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0102014 to Yoshino (hereinafter “Yoshino”).
Regarding claim 2, Yoshino does not teach that the target distance when moving along the wall edge is less than or equal to 5 cm.
However, the target distance when moving along the wall edge is a result effective variable modifying the cleaning results. For example, if the target distance when moving along the wall edge is too short, it risks equipment damage, while if the target distance when moving along the wall edge is too long, it risks insufficient removal of contaminants from the edges and/or corners of the pool. Without evidence of unexpected results, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine the appropriate target distance when moving along the wall edge with predictable results, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. Consult MPEP 2144.05II.
Regarding claim 12, Yoshino does not teach that the target distance when moving along the wall edge is less than or equal to 5 cm.
However, since the system of the Yoshino teaching includes the structural features of the claimed apparatus, it is the base presumption that the apparatus of the Yoshino teaching is fully capable of being used wherein the target distance when moving along the wall edge is less than or equal to 5 cm.
Claims 3, 13 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0102014 to Yoshino (hereinafter “Yoshino”) in view of US 2023/0212868 to Deng (hereinafter “Deng”).
Regarding claim 3, Yoshino does not explicitly teach that the guide device is a guide wheel or a guide angle structure integrated with the swimming pool robot.
Deng teaches a method for cleaning a water surface of a swimming pool using a cleaning robot [0002]. Deng teaches a cleaning robot comprising a plurality of guide wheels (figure 6, #5) [0049-0050].
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 method disclosed by Yoshino wherein the guide device is a guide wheel, with a reasonable expectation of success, since Deng teaches that the use of guide wheels facilitates the rolling travel of the cleaning robot body against the pool wall, improving the cleaning speed of the cleaning robot body to the pool wall ([0050] of Deng).
Regarding claim 13, Yoshino does not explicitly teach that the guide device is a guide wheel or a guide angle structure integrated with the swimming pool robot.
However, Deng teaches a swimming pool cleaning robot comprising a plurality of guide wheels (figure 6, #5) [0049-0050].
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 apparatus disclosed by Yoshino wherein the guide device is a guide wheel, with a reasonable expectation of success, since Deng teaches that the use of guide wheels facilitates the rolling travel of the cleaning robot body against the pool wall, improving the cleaning speed of the cleaning robot body to the pool wall ([0050] of Deng).
Regarding claim 19, Yoshino does not explicitly teach that the guide device is a guide wheel.
However, Deng teaches a method for cleaning a water surface of a swimming pool using a cleaning robot [0002]. Deng teaches a cleaning robot comprising a plurality of guide wheels (figure 6, #5) [0049-0050].
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 method disclosed by Yoshino wherein the guide device is a guide wheel, with a reasonable expectation of success, since Deng teaches that the use of guide wheels facilitates the rolling travel of the cleaning robot body against the pool wall, improving the cleaning speed of the cleaning robot body to the pool wall ([0050] of Deng).
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0102014 to Yoshino (hereinafter “Yoshino”) in view of Chafik et al. (hereinafter “Chafik”).
Regarding claim 5, Yoshino further teaches that the distance detection sensor (distance sensors, figure 10, #16-21 [0044 and 0051] of Yoshino) is disposed on a side of the swimming pool robot (see figure 10 of Yoshino).
Yoshino does not teach that the distance detection sensor is an infrared sensor.
However, Chafik teaches a method for cleaning a swimming pool using a swimming pool cleaner comprising a ToF sensor, wherein the sensed information from the underwater ToF sensor can be utilized to measure distance from an automatic swimming pool cleaner to a pool wall, stairs, or an obstacle within a pool [0017], and that the ToF sensor may transmit and receive infrared radiation [0020].
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 method disclosed Yoshino wherein the distance detection sensor is an infrared sensor, with a reasonable expectation of success, since Chafik teaches that the sensed information from the underwater ToF sensor can be utilized to measure distance from an automatic swimming pool cleaner to a pool wall, stairs, or an obstacle within a pool ([0017] of Chafik), and that the ToF sensor may transmit and receive infrared radiation ([0020] of Chafik).
Regarding claim 6, Yoshino further teaches that the distance detection sensor (distance sensors, figure 10, #16-21 (reads on the limitation “a number of the distance sensor is two”) [0044 and 0051] of Yoshino) is disposed on a side of the swimming pool robot (see figure 10 of Yoshino). Yoshino further teaches that in a case where the distance between the swimming pool robot and the swimming pool wall is less than or equal to the first preset threshold, the determining the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge comprises: in a case where the distances between the swimming pool robot and the swimming pool wall measured by the two distance detection sensors are both less than or equal to the first preset threshold, determining the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge (the self-running cleaning apparatus receives an instruction to start cleaning, it moves along the wall surface while maintaining the left-side distance ‘a’, which is the distance from the wall surface of the pool on the left side, wherein this operation for moving along the wall surface is an operation of moving while maintaining a fixed distance from the wall surface of the pool on the left side or right side that is detected by the first left-side distance sensor (figure 10, #18), the second left-side distance sensor (figure 10, #19), the first right side distance sensor (figure 10, #20), and the second right-side distance sensor (figure 10, #21), see figure 10, and [0059]), and in a case where the distance between the swimming pool robot and the swimming pool wall is greater than the first preset threshold, the determining the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge comprises: in a case where the distance between the swimming pool robot and the swimming pool wall measured by either one of the distance detection sensors is greater than the first preset threshold, determining the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge (the movement control unit monitors the detected distance from the wall surface of the pool, and when the cleaning apparatus is too far from the wall surface of the pool, it drives the motors (figure 6, #51, 53, or 55) in order to move closer to the wall surface of the pool [0060], and that in the operation of moving along the wall surface using the left-side distance as a reference, when the left-side distances detected by the two sensors located on the left side, the first left-side distance detector (figure 10, #18) and second left-side distance detector (figure 10, #19), are different, the main unit is not parallel with the wall, so in order to make the main unit parallel with the wall surface of the pool on the left side, the movement-control unit drives the right motor (figure 6, #51), left motor (figure 6, #53) and displacement motor (figure 6, #55) [0076]).
Yoshino does not teach that the distance detection sensor is an infrared sensor.
However, Chafik teaches a method for cleaning a swimming pool using a swimming pool cleaner comprising a ToF sensor, wherein the sensed information from the underwater ToF sensor can be utilized to measure distance from an automatic swimming pool cleaner to a pool wall, stairs, or an obstacle within a pool [0017], and that the ToF sensor may transmit and receive infrared radiation [0020].
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 method disclosed Yoshino wherein the distance detection sensor is an infrared sensor, with a reasonable expectation of success, since Chafik teaches that the sensed information from the underwater ToF sensor can be utilized to measure distance from an automatic swimming pool cleaner to a pool wall, stairs, or an obstacle within a pool ([0017] of Chafik), and that the ToF sensor may transmit and receive infrared radiation ([0020] of Chafik).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2003/0102014 to Yoshino (hereinafter “Yoshino”) in view of US 7,101,475 to Maaske et al. (hereinafter “Maaske”).
Regarding claim 17, Yoshino does not teach that in a case where the guide device (rotatable guide roller, figure 10, #33) contacts the swimming pool wall, the controlling of the swimming pool robot to continue to move forward comprises determining whether the guide device contacts the swimming pool wall, and in a case where the guide device contacts the swimming pool wall, the method further comprises the step of adjusting a yaw angle of the swimming pool robot to make the swimming pool robot's forward direction to be parallel to the swimming pool wall.
Maaske teaches a method and a pool skimmer comprising a plurality of bumper wheels (figure 1, #62P and #62S), wherein after the skimmer collides with a vertical swimming pool wall (figures 21-23, #293), the impeller thrust vector represented by the arrow inside of body (figures 21-23, #60) is no longer pulling the vessel straight against wall, as the angle of body with wall becomes more acute, more and more of the impeller thrust vector will assist the turning action of the traction of powered bumper wheel (figure 21, #62S), when the turn is completed, with the resulting propulsion forces are now being entirely parallel to wall (see figures 21-22, and column 30, lines 13-59).
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 method disclosed by Yoshino wherein in a case where the guide device (rotatable guide roller, figure 10, #33 of Yoshino) contacts the swimming pool wall, the controlling of the swimming pool robot to continue to move forward comprises determining whether the guide device contacts the swimming pool wall, and in a case where the guide device contacts the swimming pool wall, the method further comprises the step of adjusting a yaw angle of the swimming pool robot to make the swimming pool robot's forward direction to be parallel to the swimming pool wall, with a reasonable expectation of success, for the purpose of ensuring that the pool cleaner is able to move following the direction of the wall of the pool during the cleaning method.
Regarding claim 18, Yoshino does not teach that in a case where the guide device contacts the swimming pool wall, the controlling of the swimming pool robot to continue to move forward comprises the step of determining whether the guide device contacts the swimming pool wall, and in a case where the guide device contacts the swimming pool wall, the method further comprises the step of decreasing a moving speed of the swimming pool robot after the moving speed is decreased, a reaction force caused by the contact enables the swimming pool robot's forward direction to be parallel to the swimming pool wall.
Maaske teaches a method and a pool skimmer comprising a plurality of bumper wheels (figure 1, #62P and #62S), wherein after the skimmer collides with a vertical swimming pool wall (figures 21-23, #293) (contacting the wall would cause the moving speed of the robot to decrease), the impeller thrust vector represented by the arrow inside of body (figures 21-23, #60) is no longer pulling the vessel straight against wall, as the angle of body with wall becomes more acute, more and more of the impeller thrust vector will assist the turning action of the traction of powered bumper wheel (figure 21, #62S), when the turn is completed, with the resulting propulsion forces are now being entirely parallel to wall (see figures 21-22, and column 30, lines 13-59).
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 method disclosed by Yoshino wherein in a case where the guide device contacts the swimming pool wall, the controlling of the swimming pool robot to continue to move forward comprises the step of determining whether the guide device contacts the swimming pool wall, and in a case where the guide device contacts the swimming pool wall, the method further comprises the step of decreasing a moving speed of the swimming pool robot after the moving speed is decreased, a reaction force caused by the contact enables the swimming pool robot's forward direction to be parallel to the swimming pool wall, with a reasonable expectation of success, for the purpose of ensuring that the pool cleaner is able to move following the direction of the wall of the pool during the cleaning method.
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.
Claims 1-21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 19/243,513 (US 2025/0314090, hereinafter US’090).
Although the claims at issue are not identical, they are not patentably distinct from each other because US’090 claims a similar method for a swimming pool robot to clean along a wall edge, wherein the swimming pool robot comprises a distance detection sensor and two guide devices, wherein the two guide devices are respectively disposed at different positions on same side of the swimming pool robot, the method comprising the steps of in a case where a task of cleaning along the wall edge is performed, determining, by the distance detection sensor, a distance between the swimming pool robot and a swimming pool wall, determining whether the distance between the swimming pool robot and the swimming pool wall matches a target distance when moving along the wall edge, and in a case where the distance between the swimming pool robot and the swimming pool wall does not match the target distance when moving along the wall edge, controlling the swimming pool robot to turn towards the swimming pool wall, and driving the swimming pool robot to move forward, determining whether the guide devices touch the swimming pool wall, and in a case where the guide devices touch the swimming pool wall, driving the swimming pool robot to move forward, until the distance between the swimming pool robot and the swimming pool wall matches the target distance when moving along the wall edge.
This is a provisional nonstatutory double patenting rejection.
Conclusion
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/A.I.R/Examiner, Art Unit 1714
/KAJ K OLSEN/Supervisory Patent Examiner, Art Unit 1714
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