Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/13/2025 has been entered.
Response to Arguments
Applicant's arguments filed 06/13/2025 have been fully considered but they are not persuasive.
Regarding Applicants argument pointed towards amended claim 1, Applicant argues that Conrad does not disclose the amended claim limitations, specifically "a pre-filter that radially faces and surrounds an outer circumference of the suction motor about an axis of the rotary shaft," "a discharge cover that surrounds an upper portion of the pre-filter and is configured to conceal the pre-filter within the main body based on combining with an upper portion of the main body," "an exhaust filter accommodated in the discharge cover and positioned above the pre-filter, the exhaust filter being configured to filter the air discharged from the suction motor," and "an air flow space that radially faces and surrounds an outer circumference of the pre-filter about the axis of the rotary shaft." "the discharge cover is configured to open the upper portion of the main body in a direction opposite to an opening direction of the body cover to thereby directly expose the exhaust filter and the pre-filter to an outside of the handy type cleaner." Examiner does not rely on Conrad alone to disclose these amended limitations and instead relies on at least Conrad in view of Smith as elaborated on in the rejection of below. Applicant further argues that Smith does not remedy the alleged deficiencies of Conrad, specifically, “an air flow space that radially faces and surrounds an outer circumference of the pre-filter about the axis of the rotary shaft” as claimed. Applicant points to figure 9E of Smith to show that the airflow of Smith only flows in an upward direction through the filter 40. Examiner respectfully disagrees, Figure 9B of Smith shows an airflow space radially facing and surrounding an outer circumference of the pre-filter of the rotary shaft. The claim limitation does not require this air flow space to be a part of the air flow space.
Applicant then argues, regarding the limitation “the discharge cover is configured to open the upper portion of the main body in a direction opposite to an opening direction of the body cover to thereby directly expose the exhaust filter and the pre-filter to an outside” stating that Smith fails to disclose an exhaust filter. However Smith does disclose a cleaner with parts that are removable in order to expose the interior to an outside of the handy cleaner for the purposes of cleaning and maintenance, See Smith Para [0098] “Between the annular roof wall 121 and the bowl door 130, the various components of the cyclonic separation apparatus 8 (i.e. pre-fan filter 40, vortex finder assembly 50, inner wall 60, cyclone seal 70, cyclone assembly 80, intermediate wall 90, bulkhead 100, tapered funnel 110) are arranged upon each other by detachable connection, typically a snap-fit, bayonet fit, interlocking detents, or interference fit. The permits disassembly and reassembly, without tools, of the cyclonic separation apparatus 8 in order to clean, or replace, its individual components” applying this teaching to the exhaust cover of Conrad would result in the above claim limitation as such examiner does not find this argument persuasive.
Regarding Applicants argument pointed toward Peace have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 2, and 4-20 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 20100229324 A1) in view of Smith (US 20130091654 A1) and Liddell (US 20100223751 A1) and Peace (US 20130160233 A1).
Regarding Claim 1, Conrad teaches handy type cleaner comprising:
a main body (800);
a suction motor (864, 865) disposed in the main body and configured to generate suction force to thereby suction air toward the main body (See Para [0064] “Suction motor 164 is provided in the airflow path preferably adjacent and downstream of the pre-motor filter 162. The suction motor 164 may be any type of suction motor.” And see Para [0071] “Referring now to FIG. 8, in which like numerals refer to like features, with the first digit incremented to 8 to refer to the figure number,”)
a first cyclone (814) configured to separate dust from the air suctioned by operation of the suction motor;
a second cyclone (851) disposed below the suction motor in the axial direction of the rotary shaft (see figure 8 where above is the direction the arrows point through the motor, and below the opposite) and configured to separate dust from the air discharged from the first cyclone (See para [0072]), wherein the second cyclone is overlaps with the suction motor along the axial direction of the rotary shaft (See figure 8);
a pre-filter (862) that surrounds an outer circumference of the suction motor based on the axial direction of the rotary shaft (See Figure 8, showing filter 862 extending past the outer circumference of the suction motor in the radial direction);
a discharge cover (820) that surrounds an upper portion of the pre-filter and is configured to conceal the pre-filter within the main body based on combining with an upper portion of the main body (see Figure 8, cover 820 conceals pre filter 862 in the interior of the cleaner when attached to the main body) in a downward direction of the handy type cleaner (Discharge cover supports 862 in the direction of the motor) and includes an exhaust filter (866) configured to filter the air discharged from the suction motor (See Airflow arrows in figure 8);
an exhaust filter (866) accommodated in the discharge cover (820) and positioned above the pre-filter (upward direction being in the direction of the air flow arrows in figure 8, see 866 above the pre motor filter 862), the exhaust filter being configured to filter the air discharged from the suction motor (See Para [0065] “A post motor filter 166 is provided in the post-motor filter housing 170. The post motor filter 166 is provided in the airflow path downstream of, and preferably adjacent, the suction motor 164. Post motor filter 166 serves to remove remaining particulate matter from air exiting the cleaner 100. Post-motor filter 166 may be any type of filter, such as a HEPA filter. If the vacuum cleaner is of a non-linear configuration, then post motor filter 166 need not be located adjacent suction motor 164”).
an air flow space (Space filter 862 sits within) wherein air discharged from the second cyclone flows toward the air flow space upwardly and then passes sequentially through the pre-filter and the suction motor toward an axis of the rotary shaft (See Airflow arrows in figure 8 showing air passing through the air flow space, pre filter and motor); and
a dust container (824) disposed below the main body in the axial direction of the rotary shaft, the dust container comprising: a dust collection body that defines a portion of the first cyclone (see figure 8, which shows 848 as part of the chamber of the first cyclone), the dust collection body defining dust storage spaces that are configured to receive the dust separated from the first cyclone and the dust separated from the second cyclone (848 is a dirt collection chamber) respectively, and
a body cover (858) configured to open and close a lower portion of the dust collection body in an opening-closing direction (See Para [0058] “As exemplified in FIGS. 4 and 5A, in the example shown, front wall 158 is pivotally mounted to the cyclone unit wall 115 at pivots 177 and serves as an openable door 158 of the dirt chamber 124, such that dirt collection chamber 124 is openable, and dirt collection chamber 124 may be emptied.” and [0071] cited above); and
And suggests but does not explicitly disclose a pre-filter that radially faces and surrounds a portion of the suction motor about an axis parallel to the rotary shaft (See Figure 8, pre filter 862 surrounds motor about the axis parallel to the rotary shaft,
Conrad does not explicitly disclose an impeller configured to rotate about a rotary shaft to thereby suction air through the main body, the impeller being disposed above the suction motor in an axial direction of the rotary shaft; the air flow space radially faces and surrounds an outer circumference of the pre-filter about the axis of the rotary shaft,
the discharge cover is configured to open the upper portion of the main body in a direction opposite to the direction of the body cover to thereby directly expose the exhaust filter and the pre-filter to an outside of the handy type cleaner. However, Smith does teach an impeller (18) configured to rotate about a rotary shaft to thereby suction air through the main body, the impeller being disposed above the suction motor in an axial direction (21) of the rotary shaft an air flow space surrounding the outer circumference of the pre-filter;
wherein a pre-filter (40) radially faces and surrounds an outer circumference of the suction motor (16) about an axis of the rotary shaft (20), and airflow space radially faces and surrounds an outer circumference of the pre-filter about the axis of the rotary shaft (See first cyclone of smith between 90 and 120) and finally discloses wherein removable components are configured to open to thereby directly expose the filter to an outside of the handy type cleaner (See Para [0098] “Between the annular roof wall 121 and the bowl door 130, the various components of the cyclonic separation apparatus 8 (i.e. pre-fan filter 40, vortex finder assembly 50, inner wall 60, cyclone seal 70, cyclone assembly 80, intermediate wall 90, bulkhead 100, tapered funnel 110) are arranged upon each other by detachable connection, typically a snap-fit, bayonet fit, interlocking detents, or interference fit. The permits disassembly and reassembly, without tools, of the cyclonic separation apparatus 8 in order to clean, or replace, its individual components”).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Conrad in view of smith to include the rotary shaft attached to the motor as is it is suggested by Conrad in Para [0064] that the suction motor could be any type of motor “[0064] Suction motor 164 is provided in the airflow path preferably adjacent and downstream of the pre-motor filter 162. The suction motor 164 may be any type of suction motor.” as such it would be a matter of obvious substitution to include a suction motor that has a rotary shaft and impeller to allow the motor to provide a suction force.
It would be further obvious to one of ordinary skill in the art before the effective filling date of the invention to further modify Conrad in view of Smith to allow for pre motor filter to radially face and surround an outer circumference of the suction motor about an axis of the rotary shaft, an air flow space that radially faces and surrounds an outer circumference of the pre-filter about the axis of the rotary shaft and to allow the discharge cover being removed to expose the exhaust filter as doing so would allow for the operator to easily replace or clean the filters or other parts of the cleaner as necessary, and to provide easier access to individual parts.
It would be Further obvious to one of ordinary skill in the art to modify the size or shape of the pre motor filter such that the pre-motor filter surrounds an outer circumference of the suction motor based on the axial direction of the shaft, air flow space that surrounds an outer circumference of the pre-filter wherein air discharged from the second cyclone flows toward the air flow space upwardly and then passes sequentially through the pre-motor filter and the suction motor toward an axis of the rotary shaft as it has been held that where the only difference between prior art and the claims was a recitation of relative dimensions of the claimed device then the claimed device is not patentably distinct (See MPEP 2144.04 IV A). It has been additionally held that changing the shape of a device is a matter of design choice that would be obvious to one of ordinary skill in the art before the effective filling date of the invention (See MPEP 2144.04 IV B).
And Liddell does teach a discharge cover (14) being configured to open and close (See Para [0044] “The vacuum cleaner 1 further includes a motor housing 12 and a removable casing 14 having a plurality of exhaust vents 16 formed therein.”).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Conrad in view of smith in include the removable discharge of cover Liddell as doing so would allow for a user to replace or clean the post motor filter, extending the life of the cleaner and allowing for continual efficient cleaning. It is noted by examiner that Conrad as modified by Liddell and Smith teaches the discharge cover (820 of Conrad) being configured to open and close (as taught by Liddell) an upper portion of the main body in a direction opposite to the opening-closing direction of the body cover (the discharge cover 820 of Conrad is the upper portion of the main body of the cleaner, and would logically open in the direction of the body cover, see figure 8 of Conrad).
Regarding Claim 2, Conrad as modified teaches all the limitations of claim 1 and in addition teaches wherein the second cyclone has an outlet (855) disposed downward in the axial direction and spaced apart from the suction motor (See figure 8, specifically airflow lines out of second cyclone, into pre motor filter, towards motor, lines point 855 to the start of the filter opposite the direction of the airflow arrows, as such outlet is spaced apart from the motor in the downward axial direction) and
wherein the air discharged from the outlet of the second cyclone flows of toward the suction motor in the air flow space. (See Para [0064] “The suction motor draws air into the dirty air inlet 118 of the cleaner 100, through the airflow path past the suction motor 164, and out of the clean air outlet 120.” Second cyclone is capable of discharging air along an outer circumference of the suction motor, as seen by the air flow lines and verbiage “past the suction motor” in Para [0064]. Further Examiner notes that Figure 8 of Conrad is a cross section of a circular or cylindrical cleaner).
Regarding Claim 4, Conrad as modified teaches all the limitations of claim 1, and in addition teaches wherein the main body and the pre-filter define an air path that surrounds the pre-filter and is configured to guide the air discharged from the outlet of the second cyclone upward toward the suction motor (See figure 8 of Conrad, Showing the airflow path via arrows, showing the air exiting the second cyclone, toward the pre filter, Examiner notes first, that Figure 8 of Conrad is a cross section of a circular or cylindrical cleaner, and second, further, airflow paths in the broadest reasonable interpretation is defined as all space where air could flow, which includes the space around the filter).
Regarding Claim 5, Conrad as modified teaches all the limitations of claim 3, and in addition teaches wherein the main body defines an opening (filter housing 870) at the upper portion of the main body (See figure 8, where 870 is at the top portion of the main body, the top portion being defined by the direction of the air flow arrows in 865), the opening being configured to receive a portion of the discharge cover (portion of 820) such that the portion of the discharge cover is inserted and fixed into the main body (see figure 8).
Regarding Claim 6, Conrad as modified teaches all the limitations of claim 5, but does not explicitly teach wherein the pre-filter is configured to be inserted into the main body through the opening of the main body.
However, Smith does teach wherein the pre-filter (40 of smith) is configured to be inserted into the main body through the opening of the main body. (See Para [0098] “Between the annular roof wall 121 and the bowl door 130, the various components of the cyclonic separation apparatus 8 (i.e., pre-fan filter 40, vortex finder assembly 50, inner wall 60, cyclone seal 70, cyclone assembly 80, intermediate wall 90, bulkhead 100, tapered funnel 110) are arranged upon each other by detachable connection, typically a snap-fit, bayonet fit, interlocking detents, or interference fit.”)
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Conrad in view of Smith to have the filter be configured to be inserted through an opening, as doing so would allow for the replacement of filters as filters age and extend the life of the cleaner.
Regarding Claim 7, Conrad as modified teaches all the limitations of claim 5 and in addition teaches and wherein the pre-filter (862) and the exhaust filter (866) are configured to be fixed to an inside of the main body along the axial direction of the rotary shaft (Axial direction of the motor shaft would be along 865).
But does not explicitly teach the exhaust filter are configured to be separated from the main body through the opening along the axial direction of the rotary shaft,
However, Smith does teach wherein the pre-filter (40 of smith) is configured to be separated from the main body from the opening. (See Para [0098] “Between the annular roof wall 121 and the bowl door 130, the various components of the cyclonic separation apparatus 8 (i.e., pre-fan filter 40, vortex finder assembly 50, inner wall 60, cyclone seal 70, cyclone assembly 80, intermediate wall 90, bulkhead 100, tapered funnel 110) are arranged upon each other by detachable connection, typically a snap-fit, bayonet fit, interlocking detents, or interference fit.”)
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Conrad in view of Smith to have the filter be configured to be inserted through an opening, as doing so would allow for the replacement of filters as filters age and extend the life of the cleaner.
Regarding Claim 8, Conrad as modified teaches all the limitations of claim 7 and in but does not explicitly teach wherein the pre-filter is configured to be separated from the main body based on the discharge cover being separated from the main body. However, Smith does teach a cleaner with detachable parts, (See Para [0098] of Smith cited above, indicating the filter 40 can be removed through the discharge cover).
As such it would be obvious to one of ordinary skill in the art before the effective filing date to modify the parts of Conrad to be detachable in such a way that the pre motor filter could be accessible through the discharge cover, as doing so would increase the lifespan of the cleaner, by allowing for parts to easily be replaced due to the detachable nature.
Regarding Claim 9, Conrad as modified teaches all the limitations of claim 8, and in addition teach wherein the pre-filter is configured to be exposed from the main body based on the discharge cover being separated from the main body (See modification of Conrad as modified in paragraph 8, Para [0098] of Smith cited above).
Regarding Claim 10, Conrad as modified teaches all the limitations of claim 9, and in addition teach wherein the discharge cover is configured to support the pre-filter based on the pre-filter being fixed in the main body (Discharge cover is capable of supporting the pre filter in its fixed position in the main body, See figure 8).
Regarding Claim 11, Conrad as modified teaches all the limitations of claim 10, and in addition teach wherein the discharge cover is configured to press a portion of the pre-filter based on the pre-filter being fixed in the main body. (Discharge cover is capable of exerting force on the pre filter in its fixed position in the main body based on the orientation of the cleaner, See figure 8).
Regarding Claim 12, Conrad as modified teaches all the limitations of claim 7, and in addition teaches wherein the exhaust filter (866) is received in the discharge cover, the exhaust filter surrounding an extension line of the rotary shaft (See Figure 8, Exhaust filter 866 surrounds motor about the axis parallel to the rotary shaft, Examiner notes that broadest reasonable interpretation of the pre filter surrounds motor about an axis parallel to the rotary shaft does not require the filter and motor to share an axis perpendicular to the axis parallel to the rotary shaft, and primarily requires that the filter has a further radius with respect to the axis parallel to the rotary shaft than the motor does.
But does not explicitly teach the exhaust filter has a cylindrical ring shape.
However, Smith does teach a similar cleaner with a cylindrical ring-shaped filter (40).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the exhaust filter of Conrad in view of the ring-shaped filter of Smith as doing so would allow space for the drive shaft and impeller of Conrad as modified in claim 1.
Regarding Claim 13, Conrad as modified teaches all the limitations of claim 12 and in addition teaches wherein a portion of the pre-filter is configured to be disposed below the exhaust filter (See figure 8 of Conrad, where pre filter is below the exhaust filter, where air flow arrow after the secondar filter 851 is pointed in the upward direction).
Regarding Claim 14, Conrad as modified teaches all the limitations of claim 12 but does not explain wherein an outer diameter of the exhaust filter is greater than an outer diameter of the pre-filter.
However, Smith teaches a similar cleaner which includes exhaust ports (36) which have a larger outer radius than the prefilter (40) and is located above the impeller (18).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Conrad in view of Smith in such a way that the outer diameter of the exhaust filter is greater than an outer diameter of the pre-filter, as doing so would be a result of incorporating the impeller and drive shaft-based motor of smith, allowing for additional room for a fan or impeller to rotate to provide a suction force.
Regarding Claim 15, Conrad as modified teaches all the limitations of claim 12 and in addition teaches wherein the impeller is disposed between the discharge cover and the suction motor in the axial direction of the rotary shaft (As modified by Smith, see Smith figure 2, This would be a result of modifying the motor to include an impeller).
Regarding Claim 16, Conrad as modified teaches all the limitations of claim 15, but does not explicitly teach wherein a portion of the pre-filter surrounds the impeller about an axis parallel to the rotary shaft.
However, Smith does teach a similar cleaner, wherein a portion of the pre-filter (40) surround the impeller (18) about an axis parallel to the rotary shaft (see figure 2).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to further modify Conrad in view of Smith to have the pre-filter surround the impeller as doing so would allow easier incorporation of the drive shaft and impeller that would allow for better suction flow via the impeller.
Regarding claim 17, Conrad as modified teaches all the limitations of claims 15, and in addition teaches wherein each of the discharge cover and the exhaust filter is spaced apart from the impeller and defines a space above the impeller (discharge cover 30 of Smith is spaced apart from the impeller and defines the space above, similarly the exhaust filter (866) of Conrad is spaced apart and above the motor, as such Conrad as modified by Smith teaches each of the discharge cover and the exhaust filter is spaced apart from the impeller and defines a space above the impeller).
Regarding Claim 18, Conrad as modified teaches all the limitations of claim 1, and in addition teaches wherein the pre-filter is configured to receive, into the suction motor, the air discharged from the second cyclone and guided along the outer circumferential of the pre-filter below the exhaust filter (See figure 8 of Conrad showing air flow arrows, showing air exiting second cyclone 851, into pre filter 862, into the suction motor, Further See Conrad Para [0064] “The suction motor draws air into the dirty air inlet 118 of the cleaner 100, through the airflow path past the suction motor 164, and out of the clean air outlet 120.” Second cyclone is capable of discharging air along an outer circumference of the suction motor, as seen by the air flow lines and verbiage “past the suction motor” in Para [0064]. Further Examiner notes that Figure 8 of Conrad is a cross section of a circular or cylindrical cleaner).
Regarding Claim 19, Conrad as modified teaches all the limitations of claim 18, and in addition teaches wherein the discharge cover defines air exits configured to discharge the air that has passed through the suction motor (See airflow arrows in figure 8 of Conrad showing air exiting from the discharge cover).
Regarding Claim 20, Conrad as modified teaches all the limitations of claim 19, and in addition teaches wherein the air exits and the pre-filter are arranged along a circumferential direction of the discharge cover with respect to an extension line of the rotary shaft, and wherein at least a portion of the pre-filter is located below the air exits (See figure 8 of Conrad, air exits and prefilter are in line with axis 865 Further See Conrad Para [0064] “The suction motor draws air into the dirty air inlet 118 of the cleaner 100, through the airflow path past the suction motor 164, and out of the clean air outlet 120.” Second cyclone is capable of discharging air along an outer circumference of the suction motor, as seen by the air flow lines and verbiage “past the suction motor” in Para [0064]. Further Examiner notes that Figure 8 of Conrad is a cross section of a circular or cylindrical cleaner).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler James McFarland whose telephone number is (571)272-7270. The examiner can normally be reached M-F 7:30AM-5PM (E.S.T), Flex First Friday.
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/T.J.M./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723