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 .
This Office action is in response to amendments filed on 11/24/2025. Claims 1-20 are pending; claims 3 and 10 are withdrawn; and claims 1-2, 4-9, and 11-20 are rejected. The previously filed drawing objections and 35 USC 112(a) rejection are withdrawn, as necessitated by the amendments.
Claim Objections
Claims 5-7 and 12-14 are objected to because of the following informalities:
Claim 5, ll. 1, consider amending to, --The vacuum cleaner of claim 1, wherein the first and second body toggles [[is]]are vertically spaced—for proper antecedent basis.
Claim 6, ll. 1, consider amending to, --The vacuum cleaner of claim 1, wherein the first and second body toggles [[is]]are longitudinally spaced—for proper antecedent basis.
Claim 7, ll. 1, consider amending to, --The vacuum cleaner of claim 6, wherein the first and second body toggles [[is]]are horizontally spaced—for proper antecedent basis.
Claim 12, ll. 1, consider amending to, --The cleaning assembly of claim 8, wherein the first and second body toggles [[is]]are vertically spaced—for proper antecedent basis.
Claim 13, ll. 1, consider amending to, --The cleaning assembly of claim 12, wherein the first and second body toggles [[is]]are longitudinally spaced—for proper antecedent basis.
Claim 14, ll. 1, consider amending to, --The cleaning assembly of claim 13, wherein the first and second body toggles [[is]]are horizontally spaced—for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5-8, 12-14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Yamatani (JP 2020/110472), as provided in Final Rejection filed on 12/13/2024, and in view of Wilson (US 2014/0137363).
Regarding claim 1, Yamatani (JP 2020110472) discloses a vacuum cleaner comprising:
a body (item 1; figs. 2 and 6) having a longitudinal axis (designated in annotated fig. 6 below as double-arrowed dashed line) extending through a handle end, (designated in annotated fig. 6; defined as gray highlighted region including handle 12 in view of annotated fig. 6 below; longitudinal axis extends through the handle end and the attachment end), an attachment end (designated in annotated fig. 6; defined as gray highlighted region including portion of vacuum cleaner configured to attach to an accessory in view of annotated fig. 6 below ), the attachment end being opposite the handle end along the longitudinal axis of the body (both ends are on opposite sides of the body, i.e. on opposite ends of the longitudinal axis; fig. 6), the attachment end being configured to be removably coupled to an accessory (items 300, 400; fig. 1) and including a suction inlet (through item 10a; fig. 6);
a dust cup (item 2) disposed between the handle end and the attachment end (fig. 6);
a suction motor (item 40a within item 11; fig. 6) disposed between the handle end and the attachment end (the suction motor 40a is disposed at a position between the outermost boundary of the handle end and the outermost boundary of the attachment end; fig. 6) and configured to be fluidly coupled to the suction inlet (defined by flow path F in fig. 6);
a body latch (item 18a1 positioned within item 10, which is a part of body and next to attachment end; figs. 7-8) positioned at least partially within the body adjacent the attachment end;
a first body toggle (item 18b) positioned closer to the handle end than the attachment end, the first body toggle configured to cause the body latch to transition between:
a retaining position in which the body latch couples the accessory to the suction inlet such that the suction inlet is fluidly coupled to the accessory (defined as position in fig. 7 in which the body latch and toggle are not pressed); and
a releasing position in which the body latch disengages the accessory such that the suction inlet is not fluidly coupled to the accessory (when body toggle 18b is pressed, accessory can be removed; paragraphs 0041-0042 in NPL translation); and
a linkage (item 18c; figs. 7-8) connecting the body latch and the first body toggle being positioned at least partially within the body (linkage 18c is positioned within item 10, which is a portion of the body; figs. 6-8).
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Yamatani Annotated Fig. 6.
Yamatani does not explicitly disclose a second body toggle disposed on an opposing side from the first body toggle, wherein the first and second body toggles are configured to cause the body latch to transition between the retaining position and the releasing position, and wherein the linkage is connected to both the first and second body toggles.
However, Wilson teaches a vacuum cleaner comprising a body latch (item 112, fig. 9), a first and second body toggle (designated in annotated fig. 10 below) disposed on a first and second opposite side of a body (first and second body toggles disposed on laterally opposite sides of body, i.e. item 4; corresponding to laterally opposite sides on item 10 in Yamatani), and a linkage (includes items 102; fig. 9) connecting the body latch to both the first and second body toggles (linkage 102 is connected to first and second toggle and moves whether the toggle is pressed from the first or the second side of the body), for the purpose of releasing the component in which the body latch engages.
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Wilson Annotated Fig. 10.
Therefore, 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 body, as disclosed in Yamatani, to include a first and second body toggle on opposing lateral sides of the body and connected to the linkage, as taught in Wilson, in order to simultaneously operate the first and second body toggles with either the left or right hand using two fingers thereby, reducing the amount of force required by a singular finger to move between the latch between the two positions and minimizing the likelihood that the accessory will inadvertently disengage from the attachment end if a singular toggle is accidentally pressed. Further, since it has been held that unless a new and unexpected result is produced, mere duplication of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.004-VI-B), and in view of the teachings of Wilson, there are reasonable expectations of success.
Regarding claim 5, Yamatani as modified discloses the vacuum cleaner as claimed in claim 1, wherein the body toggle is vertically spaced apart from the body latch (body toggles 18b are vertically spaced, i.e. positioned higher in view of figs. 7-8, than the body latch 18a1).
Regarding claim 6, Yamatani as modified discloses the vacuum cleaner as claimed in claim 5, wherein the body toggle is horizontally spaced apart from the body latch (similar to applicant’s disclosure; body toggles 18b are further to the right along the longitudinal axis compared to the body latch 18a1 in view of figs. 7-8).
Regarding claim 7, Yamatani as modified discloses the vacuum cleaner as claimed in claim 6, wherein the body toggle is horizontally spaced apart from the body latch in a direction transverse to the longitudinal axis of the body (designated in second annotated fig. 6 below).
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Yamatani Second Annotated Fig. 6.
Regarding claim 8, Yamatani discloses a cleaning assembly (fig. 1) comprising:
a vacuum cleaner (item 1);
a wand (item 300; fig. 1) fluidly coupled to the vacuum cleaner; and
a surface cleaning head (item 400) fluidly coupled to the wand, the vacuum cleaner including:
a body (item 1; figs. 2 and 6) having a longitudinal axis (designated in first annotated fig. 6 above as double-arrowed dashed line) extending through a handle end (designated in annotated fig. 6 above; defined as gray highlighted region including handle 12 in view of first annotated fig. 6 above; longitudinal axis extends through the handle end and the attachment end) and an attachment end (designated in annotated fig. 6 above; defined as gray highlighted region including portion of vacuum cleaner configured to attach to an accessory in view of first annotated fig. 6 above), the attachment end being opposite the handle end along the longitudinal axis of the body (both ends are on opposite sides of the body, i.e. on opposite ends of the longitudinal axis; fig. 6), the attachment end being configured to be removably coupled to the wand (paragraphs 0041-0042 in NPL translation) and including a suction inlet (through item 10a; fig. 6);
a dust cup (item 2) disposed between the handle end and the attachment end (fig. 6);
a suction motor (item 40a within item 11; fig. 6) disposed between the handle end and the attachment end (the suction motor 40a is disposed at a position between the outermost boundary of the handle end and the outermost boundary of the attachment end; fig. 6) and configured to be fluidly coupled to the suction inlet (defined by flow path F in fig. 6);
a body latch (item 18a1 positioned within item 10, which is a part of body and next to attachment end; figs. 7-8) positioned at least partially within the body adjacent the attachment end;
a first body toggle (item 18b) positioned closer to the handle end than the attachment end, the body toggle configured to cause the body latch to transition between:
a retaining position in which the body latch couples the accessory to the suction inlet such that the suction inlet is fluidly coupled to the accessory (defined as position in fig. 7 in which the body latch and toggle are not pressed); and
a releasing position in which the body latch disengages the accessory such that the suction inlet is not fluidly coupled to the accessory (when body toggle 18b is pressed, accessory can be removed; paragraphs 0041-0042 in NPL translation); and
a linkage (item 18c; figs. 7-8) connecting the body latch and the body toggle being positioned at least partially within the body (linkage 18c is positioned within item 10, which is a portion of the body; figs. 6-8).
Yamatani does not explicitly disclose a second body toggle disposed on an opposing side from the first body toggle, wherein the first and second body toggles are configured to cause the body latch to transition between the retaining position and the releasing position, and wherein the linkage is connected to both the first and second body toggles.
However, Wilson teaches a vacuum cleaner comprising a body latch (item 112, fig. 9), a first and second body toggle (designated in annotated fig. 10 above) disposed on a first and second opposite side of a body (first and second body toggles disposed on laterally opposite sides of body, i.e. item 4; corresponding to laterally opposite sides on item 10 in Yamatani), and a linkage (includes items 102; fig. 9) connecting the body latch to both the first and second body toggles (linkage 102 is connected to first and second toggle and moves whether the toggle is pressed from the first or the second side of the body), for the purpose of releasing the component in which the body latch engages.
Therefore, 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 body, as disclosed in Yamatani, to include a first and second body toggle on opposing lateral sides of the body and connected to the linkage, as taught in Wilson, in order to simultaneously operate the first and second body toggles with either the left or right hand using two fingers thereby, reducing the amount of force required by a singular finger to move between the latch between the two positions and minimizing the likelihood that the accessory will inadvertently disengage from the attachment end if a singular toggle is accidentally pressed. Further, since it has been held that unless a new and unexpected result is produced, mere duplication of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.004-VI-B), and in view of the teachings of Wilson, there are reasonable expectations of success.
Regarding claims 12-14, the claimed subject matter of claims 12, 13 and 14 is the same as that in claims 5, 6 and 7. Therefore, the same rejections apply. Please refer to the rejections of claims 5-7 for details.
Regarding claim 19, Yamatani discloses a cleaning system (fig. 1) comprising:
a docking station (item 70); and
a cleaning assembly configured to couple to the docking station, the cleaning assembly including:
a vacuum cleaner (item 1);
a wand (item 300; fig. 1) fluidly coupled to the vacuum cleaner; and
a surface cleaning head (item 400) fluidly coupled to the wand, the vacuum cleaner including:
a body (item 1; figs. 2 and 6) having a longitudinal axis (designated in first annotated fig. 6 above as double-arrowed dashed line) extending through a handle end (designated in annotated fig. 6 above; defined as gray highlighted region including handle 12 in view of first annotated fig. 6 above; longitudinal axis extends through the handle end and the attachment end) and an attachment end (designated in annotated fig. 6 above; defined as gray highlighted region including portion of vacuum cleaner configured to attach to an accessory in view of first annotated fig. 6), the attachment end being opposite the handle end along the longitudinal axis of the body (both ends are on opposite sides of the body, i.e. opposite ends of the longitudinal axis; fig. 6), the attachment end being configured to be removably coupled to the wand (paragraphs 0041-0042 in NPL translation) and including a suction inlet (through item 10a; fig. 6);
a dust cup (item 2) disposed between the handle end and the attachment end (fig. 6);
a suction motor (item 40a within item 11; fig. 6) disposed between the handle end and the attachment end (the suction motor 40a is disposed at a position between the outermost boundary of the handle end and the outermost boundary of the attachment end fig. 6) and configured to be fluidly coupled to the suction inlet (defined by flow path F in fig. 6);
a body latch (item 18a1 positioned within item 10, which is a part of body and next to attachment end; figs. 7-8) positioned at least partially within the body adjacent the attachment end;
a first body toggle (item 18b) positioned closer to the handle end than the attachment end, the body toggle configured to cause the body latch to transition between:
a retaining position in which the body latch couples the accessory to the suction inlet such that the suction inlet is fluidly coupled to the accessory (defined as position in fig. 7 in which the body latch and toggle are not pressed); and
a releasing position in which the body latch disengages the accessory such that the suction inlet is not fluidly coupled to the accessory (when body toggle 18b is pressed, accessory can be removed; paragraphs 0041-0042 in NPL translation); and
a linkage (item 18c; figs. 7-8) connecting the body latch and the body toggle being positioned at least partially within the body (linkage 18c is positioned within item 10, which is a portion of the body; figs. 6-8).
Yamatani does not explicitly disclose a second body toggle disposed on an opposing side from the first body toggle, wherein the first and second body toggles are configured to cause the body latch to transition between the retaining position and the releasing position, and wherein the linkage is connected to both the first and second body toggles.
However, Wilson teaches a vacuum cleaner comprising a body latch (item 112, fig. 9), a first and second body toggle (designated in annotated fig. 10 above) disposed on a first and second opposite side of a body (first and second body toggles disposed on laterally opposite sides of body, i.e. item 4; corresponding to laterally opposite sides on item 10 in Yamatani), and a linkage (includes items 102; fig. 9) connecting the body latch to both the first and second body toggles (linkage 102 is connected to first and second toggle and moves whether the toggle is pressed from the first or the second side of the body), for the purpose of releasing the component in which the body latch engages.
Therefore, 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 body, as disclosed in Yamatani, to include a first and second body toggle on opposing lateral sides of the body and connected to the linkage, as taught in Wilson, in order to simultaneously operate the first and second body toggles with either the left or right hand using two fingers thereby, reducing the amount of force required by a singular finger to move between the latch between the two positions and minimizing the likelihood that the accessory will inadvertently disengage from the attachment end if a singular toggle is accidentally pressed. Further, since it has been held that unless a new and unexpected result is produced, mere duplication of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.004-VI-B), and in view of the teachings of Wilson, there are reasonable expectations of success.
Regarding claim 20, Yamatani as modified discloses the cleaning system as claimed in claim 19, wherein the vacuum cleaner is configured to be separable from the wand while the wand and the surface cleaning head are coupled to the docking station (the vacuum cleaner 1 is capable of being used separately by a user while the wand 300 and surface cleaning head 400 remain on their designated docking station portions, items 71 and 72; fig. 1).
Claims 2, 4, 9, 11 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yamatani (JP 2020/110472) in view of Wilson (US 2014/0137363), and further in view of Yoshida (CN 110141156), provided in Final Rejection filed on 12/13/2024.
Regarding claim 2, Yamatani as modified discloses the vacuum cleaner as claimed in claim 1. Though Yamatani discloses the linkage comprising a body rod configured to engage the body latch (via push-rod linkage), Yamatani does not explicitly disclose wherein the linkage comprises a body pull-rod configured to engage the body latch.
However, Yoshida (CN 110141156) teaches a mechanism comprising a body latch (includes items 21f2, 21d; figs. 8-10) positioned adjacent an attachment end (item 21b; corresponding to attachment end of Yamatani) and a body toggle (item 21f3; figs. 8-10) positioned downstream of body latch (i.e. closer to handle end) for transitioning a suction attachment from a retained position to a released position on a vacuum wand, wherein the body toggle is positioned downstream from the body latch (i.e. closer to the handle end than the attachment end corresponding to Yamatani), and wherein a linkage (items 21f1; fig. 8) connects the body latch and the body toggle.
Both Yamatani and Yoshida teach an accessory of a vacuum cleaner configured to be releasably engaged with another component on the vacuum cleaner via a locking and unlocking mechanism (i.e. body latch and toggle). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the linkage comprising a body push rod controlled by the push mechanism of toggle(s), as disclosed in Yamatani, for the linkage comprising a body pull rod controlled by a slidable mechanism of the toggle(s) , as taught by Yoshida, in order for a user to achieve the predictable result of disengaging an accessory (i.e. wand or suction head) in a quick manner from the vacuum cleaner while maintaining a comfortable standing posture without bending over (paragraph 0116 of Yoshida NPL translation) and thereby, conveniently converting an upright vacuum cleaner, of the type which includes an accessory and/or wand, to a cleaner suitable for above-the floor cleaning chores.
Regarding claim 4, Yamatani as modified discloses the vacuum cleaner as claimed in claim 1. Though Yamatani discloses the body latch and body toggle mechanism capable of maintaining a retained position ,Yamatani does not explicitly disclose a biasing mechanism within the body latch and toggle mechanism to urge the body latch towards the retaining position.
However, Yoshida (CN 110141156) teaches a mechanism comprising a body latch (includes items 21f2, 21d; figs. 8-10) and a body toggle (item 21f3; figs. 8-10) for transitioning a suction attachment from a retained position to a released position on a vacuum wand, wherein the body toggle is positioned downstream from the body latch (i.e. closer to the handle end than the attachment end), and wherein a linkage (items 21f1; fig. 8) connects the body latch and the body toggle; and wherein a biasing mechanism (item 21f4; fig. 10) is within the body latch and toggle mechanism to urge the body latch towards the retaining position (paragraph 0117 in NPL translation of Yoshida; compression spring 21f4 urges body toggle 21f3 in left direction in view of fig. 10, which is the retaining position; i.e. released position is when body toggle 21f3 is moved along arrow B in fig. 10).
Both Yamatani and Yoshida teach an accessory of a vacuum cleaner configured to be released engaged with another component on the vacuum cleaner via a locking and unlocking mechanism (i.e. body latch and toggle). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the first and second body toggle and latch mechanism, as disclosed in Yamatani, for the body and latch mechanism comprising a body pull rod by a slidable body toggle and biasing mechanism, as taught by Yoshida, in order for a user to achieve the predictable result of disengaging an accessory (i.e. wand or suction head) in a quick manner from the vacuum cleaner while maintaining a comfortable standing posture without bending over (paragraph 0116 of Yoshida NPL translation) and thereby, conveniently convert an upright vacuum cleaner, of the type which includes an accessory and/or wand, to a cleaner suitable for above-the floor cleaning chores. Additionally, 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 single slidable body toggle, as disclosed in Yoshida, to include a second body toggle on opposing lateral sides of the body and connected to the linkage, since it has been held that unless a new and unexpected result is produced, mere duplication of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.004-VI-B), and in view of the teachings of Wilson, there are reasonable expectations of success.
Regarding claim 9, Yamatani as modified discloses the cleaning assembly as claimed in claim 8. Though Yamatani discloses the linkage comprising a body rod configured to engage the body latch (via push-rod linkage), Yamatani does not explicitly disclose wherein the linkage comprises a body pull-rod configured to urge the body latch to transition from the retaining position and toward the releasing position.
However, Yoshida (CN 110141156) teaches a mechanism comprising a body latch (includes items 21f2, 21d; figs. 8-10) positioned adjacent an attachment end (item 21b; corresponding to attachment end of Yamatani) and a body toggle (item 21f3; figs. 8-10) positioned downstream of body latch (i.e. closer to handle end) for transitioning a suction attachment from a retained position to a released position on a vacuum wand, wherein the body toggle is positioned downstream from the body latch (i.e. closer to the handle end than the attachment end), and wherein a linkage (items 21f1; fig. 8) connects the body latch and the body toggle.
Both Yamatani and Yoshida teach an accessory of a vacuum cleaner configured to be releasably engaged with another component on the vacuum cleaner via a locking and unlocking mechanism (i.e. body latch and toggle). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the linkage comprising a body push rod controlled by the body toggle (i.e. push button), as disclosed in Yamatani, for the linkage comprising a body pull rod controlled by a slidable body toggle, as taught by Yoshida, in order for a user to achieve the predictable result of disengaging an accessory (i.e. wand or suction head) in a quick manner from the vacuum cleaner while maintaining a comfortable standing posture without bending over (paragraph 0116 of Yoshida NPL translation) and thereby, conveniently convert an upright vacuum cleaner, of the type which includes an accessory and/or wand, to a cleaner suitable for above-the floor cleaning chores.
Regarding claim 11, Yamatani as modified discloses the cleaning assembly as claimed in claim 8. Though Yamatani discloses the linkage comprising a body rod configured to engage the body latch (via push-rod linkage), Yamatani does not explicitly disclose wherein the body latch is urged towards the retaining position by a biasing mechanism.
However, Yoshida (CN 110141156) teaches a mechanism comprising a body latch (includes items 21f2, 21d; figs. 8-10) and a body toggle (item 21f3; figs. 8-10) for transitioning a suction attachment from a retained position to a released position on a vacuum wand, wherein the body toggle is positioned downstream from the body latch (i.e. closer to the handle end than the attachment end), and wherein a linkage (items 21f1; fig. 8) connects the body latch and the body toggle; and wherein a biasing mechanism (item 21f4; fig. 10) is within the body latch and toggle mechanism to urge the body latch towards the retaining position (paragraph 0117 in NPL translation of Yoshida; compression spring 21f4 urges body toggle 21f3 in left direction in view of fig. 10, which is the retaining position; i.e. released position is when body toggle 21f3 is moved along arrow B in fig. 10).
Both Yamatani and Yoshida teach an accessory of a vacuum cleaner configured to be released engaged with another component on the vacuum cleaner via a locking and unlocking mechanism (i.e. body latch and toggle). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the first and second body toggle and latch mechanism, as disclosed in Yamatani, for the body and latch mechanism comprising a body pull rod by a slidable body toggle and biasing mechanism, as taught by Yoshida, in order for a user to achieve the predictable result of disengaging an accessory (i.e. wand or suction head) in a quick manner from the vacuum cleaner while maintaining a comfortable standing posture without bending over (paragraph 0116 of Yoshida NPL translation) and thereby, conveniently convert an upright vacuum cleaner, of the type which includes an accessory and/or wand, to a cleaner suitable for above-the floor cleaning chores. Additionally, 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 single slidable body toggle, as disclosed in Yoshida, to include a second body toggle on opposing lateral sides of the body and connected to the linkage, since it has been held that unless a new and unexpected result is produced, mere duplication of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.004-VI-B), and in view of the teachings of Wilson, there are reasonable expectations of success.
Regarding claim 15, Yamatani as modified discloses the cleaning assembly as claimed in claim 8. Though Yamatani discloses the vacuum cleaner includes a body toggle and latch mechanism (items 18a, 18b) to releasably engage a wand to the vacuum cleaner, Yamatani does not explicitly disclose the details of the wand, such as wherein the wand includes a wand catch configured to engage the body latch, as required by the claim.
However, Yoshida (CN 110141156) teaches a cleaning assembly comprising a vacuum cleaner (item 10), a wand (item 20), and a surface cleaning head (item 30), wherein the wand includes a wand catch (items 21c3f; fig. 6) configured to engage the body latch (wand catch is configured to lock with connecting portion of vacuum cleaner, i.e. corresponding to body latch of Yamatani; paragraph 0112 in NPL translation of Yoshida).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning assembly, as disclosed in Yamatani, to include a wand catch on the end of the wand which inserts into vacuum cleaner, as taught in Yoshida, in order for the wand to lock into place with the body latch once inserted into suction inlet and remain in place during use, without the wand unexpectedly releasing during use (Yoshida; paragraph 0112 of NPL translation).
Regarding claim 16, Yamatani as modified discloses the cleaning assembly as claimed in claim 8. Though Yamatani appears to disclose a mechanism at bottom portion of wand to releasably connect with a surface cleaning apparatus (item 400; fig. 1), Yamatani does not explicitly disclose the details of the wand releasably engaging with the surface cleaning apparatus, such as wherein the wand includes a wand toggle configured to actuate a wand latch, as required by the claim.
However, Yoshida (CN 110141156) teaches a cleaning assembly comprising a vacuum cleaner (item 10), a wand (item 21), and a surface cleaning head (item 30), wherein the wand includes a wand toggle (item 21f3, 21f1; fig. 8) configured to actuate a wand latch (includes items 21f2, 21d; figs. 8-10) for releasing the surface cleaning head from the wand (paragraph 0116 in Yoshida NPL translation).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning assembly, as disclosed in Yamatani, to include a wand toggle and latch mechanism on the wand, as taught in Yoshida, in order for the user to conveniently disengage the surface cleaning head from the wand in a quick manner from the vacuum cleaner while maintaining a comfortable standing posture without bending over (paragraph 0116 of Yoshida NPL translation).
Regarding claim 17, Yamatani as modified discloses the cleaning assembly as claimed in claim 16, wherein the wand latch couples to a connector of the surface cleaning head (connector 32c which includes items 32c1; figs. 4A-4B).
Regarding claim 18, Yamatani as modified discloses the cleaning assembly as claimed in claim 17, but does not explicitly disclose the distance in which the wand toggle is spaced apart from the vacuum cleaner.
First, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the wand toggle to be spaced apart from the vacuum cleaner by a distance less than a wand toggle length since such a modification would involve a mere change in size of the component, and a change in size is generally recognized as being within the level of ordinary skill in the art (see MPEP 2114.05). Furthermore, the claimed dimensions are recognized as result effective variable, i.e. a variable in which achieves a recognized result as set forth above. The distance of the wand toggle from the vacuum cleaner can vary depending on the design need to solve a problem. If the wand toggle is closer to the vacuum cleaner, then the user can be upright and use their hands to separate the wand from the surface cleaning head. If the wand toggle is further from the vacuum cleaner, then the user could lean over to actuate the wand toggle or use their foot (i.e. a foot pedal as the wand toggle) to separate the wand from the surface cleaning head. Therefore, since the general conditions of the claim (e.g. having the claimed structure as recited above) is disclosed by Yamatani in view of Yoshida, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art at the time when the invention was filed to provide the wand toggle to be spaced apart from the vacuum cleaner by a distance less than a wand toggle length (corresponding to the wand toggle length disclosed in Yoshida, figure 8). Further, in the instant application, paragraph 0112, the applicant has not disclosed any criticality for the claimed limitations.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 8, and 19 in view of the prior art of record have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration, a new grounds of rejection is made in view of the same primary reference, Yamatani (JP 2020/110472), for independent claims 1, 8, and 19 and further in view of the same teaching reference, Yoshida (CN 110141156), for dependent claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/ Supervisory Patent Examiner, Art Unit 3723