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 07/31/2025. Claims 1-23 are pending.
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 1-2 and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0343356) in view of Desoutter (US Patent No. 2,024,276). (Examiner is relying on the instant application filing date of 08/26/2021 as the claimed subject matter is not supported by parent application 17/203686).
Regarding claim 1, Kim (US 2019/0343356) discloses a hand vacuum cleaner (item 10; figs. 1-4 and 10) comprising:
(a) an air flow path (defined as arrowed pathway in view of fig. 10) extending from a dirty air inlet (item 103; pp. [0135]; fig. 10) provided at a front end of the hand vacuum cleaner (designated in annotated fig. 10 below) to a clean air outlet (item 291; pp. [0148]; figs. 3 and 10) positioned rearward of the dirty air inlet (fig. 10);
(b) a main body (item 200; figs. 10 and 13-14) housing a suction motor (item 250; fig. 13), the suction motor having a motor axis of rotation (item X2; pp. [0133]; fig. 10);
(c) an air treatment member (item 100; fig. 10) having a front end (designated in annotated fig. 10 below), a rear end (designated in annotated fig. 10 below) positioned rearward of the front end, the air treatment member comprising an air treatment chamber (item S1; fig. 10), the air treatment chamber comprising an air treatment chamber air outlet (via item 116; fig. 10) and a central longitudinal axis (defined as along axis X1; fig. 10) extending from the front end of the air treatment member to the rear end (fig. 10 below) and centrally through the air treatment chamber air outlet wherein (central longitudinal axis X1 extends centrally through outlet via item 116; fig. 10), when the central longitudinal axis extends horizontally, a direction of flow through the air treatment chamber air outlet is horizontal (fig. 10; defined as arrowed pathway); and,
(d) a pistol grip handle (item 210; fig. 10) having an upper end (designated in annotated fig. 10) that is provided on an axially extending sidewall (designated in annotated fig. 10) of the main body the pistol grip handle including a hand grip portion (defined as portion of handle in which the user grasps; fig. 15),
wherein the motor axis of rotation extends in a common direction with the central longitudinal axis (both motor axis of rotation A2 and central longitudinal axis A1 extend in a horizontal, i.e. parallel direction thereby, extending in a common direction), and
wherein, when the hand vacuum cleaner is oriented with the central longitudinal axis extending horizontally and the pistol grip handle provided on a lower side of the hand vacuum cleaner (defined as position in view of fig. 10), the motor axis of rotation is positioned below the central longitudinal axis (the motor axis of rotation A2 is parallel to and positioned below the central longitudinal axis A1; fig. 10).
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Annotated Fig. 10.
Kim does not explicitly disclose wherein a portion of the suction motor i.e. brushes (as required by claim 2), extends downwardly from the main body into an interior volume of the hand grip portion.
However, Desoutter (US Patent No. 2,024,276) teaches a hand tool comprising a main body (item 4; figs. 1-2) housing a suction motor (col. 1, ll. 55 through col. 2, ll. 8), and a pistol grip handle (item 21; figs. 1-2; col. 2, ll. 29-21) having an upper end that is provided on an axially extending sidewall of the main body (figs. 1-3), the pistol grip including a hand grip portion (defined as portion of pistol grip handle 21 in which user grasps; similar to applicant’s disclosure), wherein a portion of the suction motor extends downwardly from the main body into an interior volume of the hand grip portion (items 24 extend upwardly and downwardly into hand grip portion of the pistol grip handle 21; col. 2, ll. 29-46; fig. 2), wherein the suction motor comprises brushes (items 24; fig. 2) that extend downwardly into the interior volume of the hand grip portion.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Kim, to include a suction motor comprising brushes that extend downwardly into the interior volume of the hand grip portion of the pistol grip handle, as taught in Desoutter, in order for the brush of the motor to be a comparatively great length, thus assuring highly efficient functioning of the motor and reducing the necessity of the replacement of brushes through wear, to a minimum (Desoutter; col. 2, ll. 41-46).
Regarding claim 2, Kim as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the suction motor comprises brushes (Desoutter; suction motor comprises brush 24, 24’, fig. 2; col. 2, ll. 35-40 and col. 3, ll. 1-9) and a portion of the brushes extend downwardly into the interior volume of the hand grip portion (Desoutter; bottom portion of brush, i.e. item 24, extends into interior volume of hand grip portion, fig. 2).
Regarding claim 5, Kim as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the hand grip portion has first and second laterally opposed sides (designated in annotated fig. 3 below) that are spaced apart in a direction transverse to the central longitudinal axis (both sides are spaced apart from central longitudinal axis in a direction going into the page, in view of fig. 10, i.e. transverse to central longitudinal axis X1), and a first plane (designated in annotated fig. 3 below) extends through the first and second laterally opposed sides and the suction motor (first plane extends through lateral sides, i.e. first and second, of hand grip portion and the lower brush portion of suction motor, i.e. item 24 modified from Desoutter).
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Annotated Fig. 3.
Regarding claim 6, Kim as modified discloses the hand vacuum cleaner as claimed in claim 5, wherein the suction motor comprises brushes (Desoutter; suction motor comprises brush 24, 24’, fig. 2; col. 2, ll. 35-40 and col. 3, ll. 1-9) and the first plane extends through the brushes (first plane extends through bottom portion of brushes, i.e. item 24 modified from Desoutter, that extend downwardly into hand grip portion of pistol grip handle; similar to applicant’s disclosure).
Regarding claim 7, Kim as modified discloses the hand vacuum cleaner as claimed in claim 5, further comprising a post motor filter housing (item 290; figs. 10 and 14), the post motor filter housing has a first and second laterally opposed sides (designated in second annotated fig. 3 below) and a second plane (designated in second annotated fig. 3 below) that is parallel to the first plane (first and second planes are parallel, i.e. extend horizontally and into the page in view of fig. 10) and extends through the first and second laterally opposed sides of the post motor filter housing and the suction motor (second plane extends through first and second lateral sides of post motor filter housing 290 and upper portion of suction motor, i.e. upper brush 24’ modified from Desoutter).
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Second Annotated Fig. 3.
Regarding claim 8, Kim as modified discloses the hand vacuum cleaner as claimed in claim 7, wherein the suction motor comprises brushes (Desoutter; suction motor includes brushes 24, 24’; fig. 2; col. 2, ll. 35-40 and col. 3, ll. 1-9), the first plane extends through the brushes (designated in first annotated fig. 3 above; first plane extends through bottom portion of brushes, i.e. item 24 of Desoutter, which extend downwardly into interior volume of hand grip portion; similar to applicant’s disclosure) and the second plane extends through the brushes (designated in second annotated fig. 3 above; second plane extends through upper portion of brushes, i.e. item 24’ of Desoutter, which extend upwardly).
Regarding claim 9, Kim as modified discloses the hand vacuum cleaner as claimed in claim 1, but does not disclose an electrical cord provided at a lower end of the handle and an electrical conductor extends from the lower end of the handle through the hand grip portion to the suction motor.
However, Desoutter further teaches the hand tool (figs. 1-3) comprising an electrical cord (item 32; figs. 1-2; col. 3, ll. 14-22) provided at a lower end of the handle (figs. 1-2) and an electrical conductor (includes items 31, 33; fig. 2) extends from the lower end of the handle through the hand grip portion (fig. 2) to the suction motor (via items 22, 23, 24, 25 of suction motor; fig. 2).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Kim and Desoutter, to further include an electrical cord extending from lower end of handle and electrical conductors extending through hand grip portion to connect to the suction motor, as further taught by Desoutter, to achieve the predictable result of coupling the device to a source of electric supply and power the motor to suction dirty air into the inlet (Desoutter; col. 3, ll. 14-22).
Regarding claim 10, Kim as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the suction motor comprises brushes (Desoutter; suction motor includes brushes 24, 24’; fig. 2; col. 2, ll. 35-40 and col. 3, ll. 1-9), and a vertical plane extends through the hand grip portion of the pistol grip handle and the brushes (brushes 24, 24’ modified from Desoutter extend in a vertical upward and downward direction, thereby are intersected by vertical plane extending in a vertical direction and into the page in view of fig. 10 of Kim).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0343356) in view of Desoutter (US Patent No. 2,024,276) and further in view of Dyson (US 2009/0265877).
Regarding claim 3, Kim as modified discloses the hand vacuum cleaner as claimed in claim 1, further comprising a post-motor filter housing (item 290; fig. 14), and a post motor filter (item 292; fig. 14) is positioned in the post motor filter housing.
Kim as modified discloses not explicitly disclosed wherein a portion of the suction motor extends upwardly into an interior volume of the post-motor filter housing whereby, when the central longitudinal axis extends horizontally, a horizontal plane extends through the motor and the post motor filter.
However, Dyson (US 2009/0265877) teaches a hand vacuum cleaner (item 10; figs. 1-2) comprising an air treatment member (item 18; fig. 2), a main body (item 24; figs. 1-2) housing a suction motor (item 36; pp. [0015]; figs. 1-2), a pistol grip handle (item 28; figs. 1-2) provided on an axially extending sidewall of the main body (fig. 2), and a post motor filter housing (designated by gray highlighted structure in annotated fig. 1 below), and when a post motor filter (item 44; fig. 2) is positioned in the post motor filter housing (defined as position in fig. 2), a portion of the suction motor extends upwardly into an interior volume of the post motor filter housing (half of motor on side of upper main shaft, i.e. upper brush 24’ modified from Desoutter, extends in an upward direction into an upper interior of post motor filter housing, which extends around, i.e. overlies, rear upper end of suction motor 36 in view of figs. 1-2) whereby, when the central longitudinal axis extends horizontally (defined as position in view of fig. 2, corresponding to position of fig. 10 in Kim), a horizontal plane extends through the motor and the post motor filter (horizontal plane designated in annotated fig. 1 below; horizontal plane extends through upper portion of motor and post motor filter, which is understood to be positioned over motor in order for airflow to pass through post motor filter 44 prior to passing through outlets 26; pp. [0023]; fig. 1).
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Annotated Fig. 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the post motor filter housing and post motor filter, as disclosed in Kim, to be a post motor filter housing and post motor filter overlying the suction motor, as taught in Dyson, since it has been held that rearranging the parts of an invention involves only routine skill in the art (refer to MPEP 2144.04-VI-C) and the rearrangement is expected to function in an equivalent manner to filter remaining particles remaining in the airflow prior to exiting the hand vacuum cleaner through the exhaust ports and thereby, exhaust cleaned air.
Regarding claim 4, Kim as modified discloses the hand vacuum cleaner as claimed in claim 3, wherein the suction motor comprises brushes (Desoutter; items 24, 24’ from suction motor extend upward and downward; fig. 2 of Desoutter) and a portion of the brushes extends downwardly into the interior volume of the hand grip portion (bottom brush 24 extends downwardly into interior volume of hand grip portion 21; fig. 2; col. 2, ll. 29-46) and upwardly into the interior volume of the post-motor filter housing (Desoutter, upper brush 24’ extends upwardly into interior volume of post motor filter housing, corresponding to post motor filter housing modified from Dyson above).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0343356) in view of Desoutter (US Patent No. 2,024,276) and further in view of Conrad (US 2017/0290480).
Regarding claim 11, Kim as modified discloses the hand vacuum cleaner as claimed in claim 10, wherein the air treatment member comprises a cyclone (item S1; pp. [0138-0140]; fig. 10) and the vertical plane also extends through the cyclone (vertical plane, defined as extending upward and into the page in view of fig. 10, i.e. designated in second annotated fig. 10 below; the vertical plane extends centrally through vacuum and thereby, centrally through air treatment member which includes cyclone S1 and vortex finder, modified from Conrad below to be positioned in place of grill filter 116).
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Second Annotated Fig. 10.
Kim discloses wherein the cyclone includes a grill filter, but fails to explicitly disclose wherein the cyclone comprises a vortex finder. However, Conrad (US 20170290480) teaches a hand vacuum cleaner (item 100; figs. 1-6) comprising an air treatment member (item 112; fig. 6), wherein the air treatment member comprises a cyclone (item 160; fig. 6) having a vortex finder (item 204; fig. 6).
Both Kim and Conrad teach filtering means as the airflow exits the cyclone. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the grill filter, as disclosed in Kim, for a vortex finder, as taught in Conrad, to achieve the predictable result of capturing large dirt particles (e.g. hair and coarse dust) that remains in the airflow exiting the cyclone (pp. [0225] in Conrad).
Regarding claim 12, Kim as modified discloses the hand vacuum cleaner as claimed in claim 2, wherein the hand vacuum cleaner has first laterally opposed side (defined as side of vacuum in which the user is viewing in view of fig. 10; corresponding to side in which first laterally opposed sides of hand grip portion and post motor filter housing are defined on in view of annotated figs. 3 above) and second laterally opposed sides (defined as opposing side of vacuum in view of fig. 1 0that is not explicitly seen by the user; corresponding to side in which second laterally opposed sides of hand grip portion and post motor filter housing are defined on in view of annotated figs. 3 above) that are spaced apart in a direction transverse to the central longitudinal axis (first and second sides spaced apart in a width direction of the vacuum, which is perpendicular and thereby, transverse to the central longitudinal axis A1; fig. 10), and the air treatment member comprises a cyclone (item 14; fig. 1).
Kim discloses wherein the cyclone includes a grill filter, but fails to explicitly disclose wherein the cyclone comprises a vortex finder. However, Conrad (US 20170290480) teaches a hand vacuum cleaner (item 100; figs. 1-6) comprising an air treatment member (item 112; fig. 6), wherein the air treatment member comprises a cyclone (item 160; fig. 6) having a vortex finder (item 204; fig. 6),
the vortex finder has first and second laterally opposed sides (first side defined as rear side of item 116 in Kim, which is substituted by Conrad with vortex finder 204; and second side defined as front side of item 116 facing user in view of fig. 10 of Kim, wherein item 116 is substituted by Conrad with vortex finger 204),
a first vertical plane extends through the hand vacuum cleaner and is tangent to the first laterally opposed side of the vortex finder (first vertical plane extends in a vertical direction along hand vacuum cleaner of Kim and tangent to the outermost edge of first laterally opposed side of item 116, which is substituted by Conrad with vortex finder 204; fig. 3 of Kim),
a second vertical plane extends through the hand vacuum cleaner and is tangent to the second laterally opposed side of the vortex finder (second vertical plane extends in a vertical direction along height of hand vacuum cleaner of Kim and tangent to the outermost edge of second laterally opposed side of item 116, which is substituted by Conrad with vortex finder 204 structure) and the brushes are positioned between the first and second vertical planes (in view of fig. 3 of Kim, the first and second vertical planes extend parallel to and on the outermost circumferential sides of item 130 and therefore, the brushes, which extend in an upward and downward direction from main shaft of motor, as modified from Desoutter above, are between the first and second vertical planes).
Both Kim and Conrad teach filtering means as the airflow exits the cyclone. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the grill filter, as disclosed in Kim, for a vortex finder, as taught in Conrad, to achieve the predictable result of capturing large dirt particles (e.g. hair and coarse dust) that remains in the airflow exiting the cyclone (pp. [0225] in Conrad).
Regarding claim 13, Kim as modified discloses the hand vacuum cleaner as claimed in claim 2, wherein the hand vacuum cleaner has right (defined as side facing the user in view of fig. 10) and left (defined as opposite facing side of right side, not explicitly seen in figures) laterally opposed sides that are spaced apart in a direction transverse to the central longitudinal axis (right and left laterally opposed sides are spaced apart from central longitudinal axis by width of vacuum, i.e. in a direction transverse from central longitudinal axis that extends horizontally in view of fig. 1 ), and the air treatment member comprises a cyclone (item S1; fig. 10),
Kim discloses wherein the cyclone includes a grill filter, but fails to explicitly disclose wherein the cyclone comprises a vortex finder. However, Conrad (US 20170290480) teaches a hand vacuum cleaner (item 100; figs. 1-6) comprising an air treatment member (item 112; fig. 6), wherein the air treatment member comprises a cyclone (item 160; fig. 6) having a vortex finder (item 204; fig. 6),
the vortex finder has right and left laterally opposed sides (designated in third annotated fig. 3 of Kim below; left and right sides of item 116 in Kim correspond to positioning substituted by vortex finder 204 from Conrad),
the hand grip portion has right and left laterally opposed sides (designated in third annotated fig. 3 below), a first plane extends through the right laterally opposed side of the handle and is tangent to the left laterally opposed side of the vortex finder (first plane extends from right lateral side of hand grip portion at an angle to extend tangentially through left laterally side of vortex finder; fig. 3 of Kim), a second plane extends through the left laterally opposed side of the hand grip portion and is tangent to the right laterally opposed side of the vortex finder (second plane extends from left lateral side of hand grip portion at angle to extend tangentially through right lateral side of vortex finder, i.e. intersects first plane; both first and second planes configure an “x” shape)
and the brushes are positioned between the first and second planes (the brushes, modified from Desoutter above, are modified within motor structure of Kim, i.e. item 250, and extend in an upward and downward direction; additionally, the suction motor is within the main body 200 and extends downwardly into hand grip portion and therefore, the brushes are within the boundary of the first and second planes on one side before the planes intersect at the center of the “x” configuration).
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Third Annotated Fig. 3.
Both Kim and Conrad teach filtering means as the airflow exits the cyclone. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the grill filter, as disclosed in Kim, for a vortex finder, as taught in Conrad, to achieve the predictable result of capturing large dirt particles (e.g. hair and coarse dust) that remains in the airflow exiting the cyclone (pp. [0225] in Conrad).
Claims 14-18 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0343356) in view of Dyson (US 2009/0265877) and further in view of Desoutter (US Patent No. 2,024,276).
Regarding claim 14, Kim (US 2019/0343356) discloses a hand vacuum cleaner (item 10; figs. 1-4 and 10) comprising:
(a) an air flow path (defined as arrowed pathway in view of fig. 10) extending from a dirty air inlet (item 103; pp. [0135]; fig. 10) provided at a front end of the hand vacuum cleaner (designated in first annotated fig. 10 above) to a clean air outlet (item 291; pp. [0148]; figs. 3 and 10) positioned rearward of the dirty air inlet (fig. 10);
(b) a main body (item 200; figs. 10 and 13-14) housing a suction motor (item 250; fig. 13);
(c) an air treatment member (item 100; fig. 10) having a front end (designated in annotated fig. 10 above), a rear end (designated in annotated fig. 10 above), the air treatment member comprising an air treatment chamber (item S1; fig. 10), the air treatment chamber comprising a central longitudinal axis (defined as along axis X1; fig. 10) extending between the front end of the air treatment member to the rear end (fig. 10 below);
(d) a post-motor filter (item 292; fig. 14) comprising a physical filter media (pp. [0146]; filter 192 is a HEPA filter) wherein, when the hand vacuum cleaner is in operation (defined as position in fig. 10), the physical filter media is positioned in a post motor filter housing (item 290; figs. 10 and 14), and
(e) handle (item 210; fig. 10) having an upper end (designated in annotated fig. 10 above) that is provided on the main body (handle 210 extends downwardly from main body 200; fig. 10)
wherein, when the post motor filter is positioned in the post motor filter housing (defined as position in view of fig. 10), the handle extends downwardly from the main body (handle 210 extends downwardly at an angle from main body 200; fig. 10).
Though Kim discloses the post motor filter positioned within the post-motor filter housing; Kim does not explicitly disclose the physical filter media overlying the suction motor.
However, Dyson (US 2009/0265877) teaches a hand vacuum cleaner (item 10; figs. 1-2) comprising an air treatment member (item 18; fig. 2), a main body (item 24; figs. 1-2) housing a suction motor (item 36; pp. [0015]; figs. 1-2), a handle (item 28; figs. 1-2) provided on the main body (fig. 2), and a post motor filter housing (designated by gray highlighted structure in annotated fig. 1 above) with a post motor filter (item 44; fig. 1) positioned within and overlying the suction motor (post motor filter 44 extends around, i.e. overlies, rear upper end of suction motor 36 in view of figs. 1-2 in order for airflow to pass through post motor filter 44 prior to exiting through exhaust outlets).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the post motor filter housing and post motor filter, as disclosed in Kim, to be a post motor filter housing and post motor filter overlying the suction motor, as taught in Dyson, since it has been held that rearranging the parts of an invention involves only routine skill in the art (refer to MPEP 2144.04-VI-C) and the rearrangement is expected to function in an equivalent manner to filter remaining particles remaining in the airflow prior to exiting the hand vacuum cleaner through the exhaust ports and thereby, exhaust cleaned air.
Further, neither Kim or Dyson explicitly disclose a portion of the suction motor extends upwardly into an interior volume of the post-motor filter housing, i.e. brushes (as required by claim 15), and whereby, when the central longitudinal axis extends horizontally, a horizontal plane extends through the motor and the post motor filter.
However, Desoutter (US Patent No. 2,024,276) teaches a hand tool comprising a main body (item 4; figs. 1-2) housing a suction motor (col. 1, ll. 55 through col. 2, ll. 8), and a handle (item 21; figs. 1-2; col. 2, ll. 29-21) having an upper end that is provided on a sidewall of the main body (figs. 1-3), wherein the suction motor comprises brushes (items 24, 24’; fig. 2), and a portion of the brushes extends downwardly from the main body into an interior volume of the handle (items 24 extend downwardly into handle 21; col. 2, ll. 29-46; fig. 2) and a portion of the brushes extends upwardly (items 24’ extend upwardly above motor body 8) into an interior volume of the post motor filter housing (corresponding to post motor filter housing modified by Dyson above; half of motor on side of upper main shaft, i.e. upper brush 24’, extends in an upward direction into an upper interior of post motor filter housing, as modified by Dyson above to overly and extend around rear upper end of suction motor), and whereby, when the central longitudinal axis extends horizontally (defined as position in view of fig. 2, corresponding to position of fig. 10 in Kim), a horizontal plane extends through the motor and the post motor filter (horizontal plane designated in annotated fig. 1 above of Dyson; horizontal plane extends through upper portion of motor and post motor filter, which is understood to be positioned over motor in order for airflow to pass through post motor filter 44 prior to passing through outlets 26; pp. [0023]; fig. 1).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Kim, to include a suction motor comprising brushes that extend downwardly into the interior volume of the handle and upwardly into the into an interior volume of the post motor filter housing (corresponding to post motor filter housing as modified from Dyson above), as taught in Desoutter, in order for the brush of the motor to be a comparatively great length, thus assuring highly efficient functioning of the motor and reducing the necessity of the replacement of brushes through wear, to a minimum (Desoutter; col. 2, ll. 41-46).
Regarding claim 15, Kim as modified discloses the hand vacuum cleaner as claimed in claim 14, wherein the suction motor comprises brushes (Desoutter; items 24, 24’ from suction motor extend upward and downward; fig. 2 of Desoutter) and a portion of the brushes extends downwardly into the interior volume of the hand grip portion (bottom brush 24 extends downwardly into interior volume of hand grip portion 21; fig. 2; col. 2, ll. 29-46) and upwardly into the interior volume of the post-motor filter housing (Desoutter, upper brush 24’ extends upwardly into interior volume of post motor filter housing, corresponding to post motor filter housing modified from Dyson above).
Regarding claim 16, Kim as modified discloses the hand vacuum cleaner as claimed in claim 14, wherein the post motor filter housing has a first and second laterally opposed sides (designated in second annotated fig. 3 above) that are spaced in a direction transverse to the central longitudinal axis (first and second lateral sides are spaced apart in a width direction which is perpendicular, i.e. transverse, to central longitudinal axis that extends in a horizontal direction in view of fig. 10) and a plane (designated in second annotated fig. 3 above as second plane) extends through the first and second laterally opposed sides of the post motor filter housing and the suction motor (second plane extends through first and second lateral sides of post motor filter housing 290 and upper portion of suction motor, i.e. upper brush 24’ modified from Desoutter).
Regarding claim 17 Kim as modified discloses the hand vacuum cleaner as claimed in claim 14, but does not disclose an electrical cord provided at a lower end of the handle and an electrical conductor extends from the lower end of the handle through the hand grip portion to the suction motor.
However, Desoutter further teaches the hand tool (figs. 1-3) comprising an electrical cord (item 32; figs. 1-2; col. 3, ll. 14-22) provided at a lower end of the handle (figs. 1-2) and an electrical conductor (includes items 31, 33; fig. 2) extends from the lower end of the handle through the hand grip portion (fig. 2) to the suction motor (via items 22, 23, 24, 25 of suction motor; fig. 2).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Kim and Dyson and Desoutter, to further include an electrical cord extending from lower end of handle and electrical conductors extending through hand grip portion to connect to the suction motor, as further taught by Desoutter, to achieve the predictable result of coupling the device to a source of electric supply and power the motor to suction dirty air into the inlet (Desoutter; col. 3, ll. 14-22).
Regarding claim 18, Kim as modified discloses the hand vacuum cleaner as claimed in claim 14, wherein the suction motor comprises brushes (Desoutter; suction motor includes brushes 24, 24’; fig. 2; col. 2, ll. 35-40 and col. 3, ll. 1-9), the handle is a pistol grip handle (Kim; handle 210 is a pistol grip for user to grasp), a vertical plane extends through the pistol grip handle and the brushes (brushes 24, 24’ modified from Desoutter extend in a vertical upward and downward direction, thereby are intersected by vertical plane extending in a vertical direction and into the page in view of fig. 10 of Kim).
Regarding claim 22, Kim as modified discloses the hand vacuum cleaner as claimed in claim 14. Though Kim as modified by Dyson appears to disclose the post motor filter housing and post motor is removable in a radially outward direction via hinge clip on post motor housing structure, i.e. removable in an upward direction relative to suction motor and central longitudinal axis, Dyson does not explicitly disclose that the post motor filter is removable. However, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the post motor filter be removable in a radially outward direction (e.g. upward direction in view of figs. 1-2 of Dyson) for maintenance and repair, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art.
Regarding claim 23, Kim as modified discloses the hand vacuum cleaner as claimed in claim 14, wherein the suction motor has a motor axis of rotation (item X2; pp. [0133]; fig. 10) that extends in a common direction with the central longitudinal axis (both motor axis of rotation A2 and central longitudinal axis A1 extend in a horizontal, i.e. parallel direction, thereby, extending in a common direction), and the central longitudinal axis extends centrally through an air treatment chamber air outlet (central longitudinal axis X1 extends centrally through outlet via item 116; fig. 10) and, when the hand vacuum cleaner is oriented with the central longitudinal axis extending horizontally and the dirty air inlet provided on an upper side of the hand vacuum cleaner (upper side defined as side of hand vacuum cleaner above handle 210; fig. 10), the motor axis of rotation is vertically spaced from the central longitudinal axis (the motor axis of rotation A2 is parallel to and positioned below the central longitudinal axis A1, i.e. vertically spaced, in view of the position of fig. 10 when dirty air inlet is on the upper side and central longitudinal axis A1 is horizontal).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2019/0343356) in view of Dyson (US 2009/0265877), Desoutter (US Patent No. 2,024,276), and further in view of Conrad (US 2017/0290480).
Regarding claim 19, Kim as modified discloses the hand vacuum cleaner as claimed in claim 18, wherein the air treatment member comprises a cyclone (item S1; pp. [0138-0140]; fig. 10) and the vertical plane also extends through the cyclone (vertical plane, defined as extending upward and into the page in view of fig. 10, i.e. designated in second annotated fig. 10 above; the vertical plane extends centrally through vacuum and thereby, centrally through air treatment member which includes cyclone S1 and vortex finder, modified from Conrad below to be positioned in place of grill filter 116).
Kim discloses wherein the cyclone includes a grill filter, but fails to explicitly disclose wherein the cyclone comprises a vortex finder. However, Conrad (US 20170290480) teaches a hand vacuum cleaner (item 100; figs. 1-6) comprising an air treatment member (item 112; fig. 6), wherein the air treatment member comprises a cyclone (item 160; fig. 6) having a vortex finder (item 204; fig. 6).
Both Kim and Conrad teach filtering means as the airflow exits the cyclone. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the grill filter, as disclosed in Kim, for a vortex finder, as taught in Conrad, to achieve the predictable result of capturing large dirt particles (e.g. hair and coarse dust) that remains in the airflow exiting the cyclone (pp. [0225] in Conrad).
Regarding claim 20, Kim as modified discloses the hand vacuum cleaner as claimed in claim 15, wherein the hand vacuum cleaner has first laterally opposed side (defined as side of vacuum in which the user is viewing in view of fig. 10; corresponding to side in which first laterally opposed sides of hand grip portion and post motor filter housing are defined on in view of annotated figs. 3 above) and second laterally opposed sides (defined as opposing side of vacuum in view of fig. 1 that is not explicitly seen by the user; corresponding to side in which second laterally opposed sides of hand grip portion and post motor filter housing are defined on in view of annotated figs. 3 above) that are spaced apart in a direction transverse to the central longitudinal axis (first and second sides spaced apart in a width direction of the vacuum, which is perpendicular and thereby, transverse to the central longitudinal axis A1; fig. 10), and the air treatment member comprises a cyclone (item 14; fig. 1), and the air treatment chamber comprises a cyclone (item S1; fig. 10).
Kim discloses wherein the cyclone includes a grill filter, but fails to explicitly disclose wherein the cyclone comprises a vortex finder. However, Conrad (US 20170290480) teaches a hand vacuum cleaner (item 100; figs. 1-6) comprising an air treatment member (item 112; fig. 6), wherein the air treatment member comprises a cyclone (item 160; fig. 6) having a vortex finder (item 204; fig. 6),
the vortex finder has first and second laterally opposed sides (first side defined as rear side of item 116 in Kim, which is substituted by Conrad with vortex finder 204; and second side defined as front side of item 116 facing user in view of fig. 10 of Kim, wherein item 116 is substituted by Conrad with vortex finger 204),
a first vertical plane extends through the hand vacuum cleaner and is tangent to the first laterally opposed side of the vortex finder (first vertical plane extends in a vertical direction along hand vacuum cleaner of Kim and tangent to the outermost edge of first laterally opposed side of item 116, which is substituted by Conrad with vortex finder 204; fig. 3 of Kim),
a second vertical plane extends through the hand vacuum cleaner and is tangent to the second laterally opposed side of the vortex finder (second vertical plane extends in a vertical direction along height of hand vacuum cleaner of Kim and tangent to the outermost edge of second laterally opposed side of item 116, which is substituted by Conrad with vortex finder 204 structure) and the brushes are positioned between the first and second vertical planes (in view of fig. 3 of Kim, the first and second vertical planes extend parallel to and on the outermost circumferential sides of item 130 and therefore, the brushes, which extend in an upward and downward direction from main shaft of motor, as modified from Desoutter above, are between the first and second vertical planes).
Both Kim and Conrad teach filtering means as the airflow exits the cyclone. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the grill filter, as disclosed in Kim, for a vortex finder, as taught in Conrad, to achieve the predictable result of capturing large dirt particles (e.g. hair and coarse dust) that remains in the airflow exiting the cyclone (pp. [0225] in Conrad).
Regarding claim 21, Kim as modified discloses the hand vacuum cleaner as claimed in claim 15, wherein the hand vacuum cleaner has right (defined as side facing the user in view of fig. 10) and left (defined as opposite facing side of right side, not explicitly seen in figures) laterally opposed sides that are spaced apart in a direction transverse to the central longitudinal axis (right and left laterally opposed sides are spaced apart from central longitudinal axis by width of vacuum, i.e. in a direction transverse from central longitudinal axis that extends horizontally in view of fig. 1 ), and the air treatment member comprises a cyclone (item S1; fig. 10),
Kim discloses wherein the cyclone includes a grill filter, but fails to explicitly disclose wherein the cyclone comprises a vortex finder. However, Conrad (US 20170290480) teaches a hand vacuum cleaner (item 100; figs. 1-6) comprising an air treatment member (item 112; fig. 6), wherein the air treatment member comprises a cyclone (item 160; fig. 6) having a vortex finder (item 204; fig. 6),
the vortex finder has right and left laterally opposed sides (designated in third annotated fig. 3 of Kim above; left and right sides of item 116 in Kim correspond to positioning substituted by vortex finder 204 from Conrad),
the handle has right and left laterally opposed sides (designated in third annotated fig. 3 above), a first plane extends through the right laterally opposed side of the handle and is tangent to the left laterally opposed side of the vortex finder (first plane extends from right lateral side of hand grip portion at an angle to extend tangentially through left laterally side of vortex finder; fig. 3 of Kim), a second plane extends through the left laterally opposed side of the hand grip portion and is tangent to the right laterally opposed side of the vortex finder (second plane extends from left lateral side of hand grip portion at angle to extend tangentially through right lateral side of vortex finder, i.e. intersects first plane; both first and second planes configure an “x” shape),
and the brushes are positioned between the first and second planes (the brushes, modified from Desoutter above, are modified within motor structure of Kim, i.e. item 250, and extend in an upward and downward direction; additionally, the suction motor is within the main body 200 and extends downwardly into hand grip portion and therefore, the brushes are within the boundary of the first and second planes on one side before the planes intersect at the center of the “x” configuration).
Both Kim and Conrad teach filtering means as the airflow exits the cyclone. It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the grill filter, as disclosed in Kim, for a vortex finder, as taught in Conrad, to achieve the predictable result of capturing large dirt particles (e.g. hair and coarse dust) that remains in the airflow exiting the cyclone (pp. [0225] in Conrad).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 14 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of Kim (US 2019/0343356) and Desoutter (US Patent No. 2,024,276) for independent claim 1, and in view of Kim (US 2019/0343356), Dyson (US 2009/0265877), and Desoutter (US Patent No. 2,024,276) for independent claim 14.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Conrad (US 2018/0177366) discloses a hand vacuum cleaner comprising an air flow path, a main body housing a suction motor, an air treatment member extending horizontally, a pistol rip handle extending from a sidewall of the main body, and a post motor filter housing with post motor filter, wherein the post motor filter housing overlies a portion of the suction motor (i.e. rear upper end of suction motor).
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.
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/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723