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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 31 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu et al. (US 11134815, "Liu").
31. Liu teaches a vacuum cleaner (1) comprising:
a housing having an upper end surface (top of body 3) and a lower end surface (bottom of tank 2) opposite each other (see Liu fig. 2);
an accessory storage recess (74) having an opening on the upper end surface (74 extends from the top of top cover 21 on body 3 downward, see Liu fig. 2 and 6:66-7:3);
a motor (36), disposed inside the housing (see Liu fig. 4), configured to drive a fan (44) thereby producing a suction force (Liu 7:16-36);
a dust cup, disposed on the housing and configured to collect particles suctioned therein (inner portion of dust cup 2 where filter 26 sits, see Liu fig. 2);
a recessed portion (55) at an exterior side of the housing (recessed portion 55 is on an exterior portion of housing and is covered by movable cover 64, see Liu fig. 4 and 6:21-45);
a battery (33) configured to supply power to the motor, the battery being exposed on the exterior side of the housing when coupled to the housing and accommodated in the recessed portion (battery 33 is in 55 and exposed when cover 64 is open, see Liu fig. 6);
a handle (59) located above the upper end surface (see Liu fig. 2); and
a suction pipe (10),
wherein:
the battery and the accessory storage recess are provided respectively on different sides of the handle (battery 33 is provided under handle 59, recess 74 is positioned outside the handle, see Liu figs. 1-2), and projections of any two of the battery, the accessory storage recess, and the handle on a horizontal plane where the vacuum cleaner is placed to vacuum do not overlap (projections of battery and storage recess do not overlap on the defined plane. Applicant is advised that the limitation of "projections of any two of the battery, the accessory storage recess, and the handle on a horizontal plane where the vacuum cleaner is placed to vacuum do not overlap" requires only that at least one combination of two of the listed projections not overlap).
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 21-23, 25-26, and 29 are rejected under 35 U.S.C. 103 as unpatentable over McClearen et al. (US 8470083, "McClearen") in view of Liu.
21. McClearen teaches a vacuum cleaner (100) comprising:
a housing including an upper end surface (combination of upper housing 220, central housing 210 and lower housing 340, see McClearen fig. 1);
a motor, disposed within the housing, configured to drive a fan, thereby producing a suction force (airflow propulsion device 110 includes a motor and fan, see McClearen 4:55-64);
a dust cup, disposed on the housing, configured to collect particles suctioned therein (filter bag 370 collects dust in lower housing 340, see McClearen 4:26-34), the dust cup comprising a suction port (lower housing 340 includes an inlet 184, see McClearen fig. 1);
a battery configured to supply power to the motor (battery in upper housing 220, see McClearen 2:41-52);
a handle located on the housing (handle 250, see McClearen figs. 1-2); and
a suction pipe having two states, a storage state and a usage state, wherein:
when in the storage state, the suction pipe extends from the suction port on one side of the dust cup over the handle and along a length direction of the handle to the other side of the dust cup (suction pipe including 311 extends from suction port 184 in dust cup 340 and may be stored around the handle, see McClearen fig. 1),
the motor and the dust cup are arranged along an axial direction of the motor (a vertical line may be drawn passing through both the motor assembly 110 and dust cup 370, see McClearen figs. 1-2 ), and
the battery is disposed on one side of the housing (battery is disposed on an internal side of the housing, see McClearen 5:56-6:4).
McClearen further teaches that the vacuum may be used with an accessory storage caddy including storage recesses (tool caddy 704 can hold various attachments in the pockets, see McClearen fig. 10 and 6:5-20), and that the accessory storage caddy is coupled to loops 320 on the upper surface (see McClearen fig. 1 and 6:5-20).
McClearen does not, however, teach the presence of an accessory storage recess having an opening on the upper end surface and extending in a direction perpendicular to the upper end surface, wherein the battery and the accessory storage recess are provided respectively on different sides of the handle, and projections of any two of the battery, the accessory storage recess, and the motor on a horizontal plane where the vacuum cleaner is placed to vacuum do not overlap.
However, Liu teaches a vacuum cleaner (1) including an accessory storage recess (74) having an opening on the upper end surface and extending in a direction perpendicular to the upper end surface (74 extends from the top of top cover 21 downward, see Liu fig. 2 and 6:66-7:3). Liu additionally teaches that a battery and the accessory storage recess are provided respectively on different sides of the handle (handle leg portion 61 is located between battery 33 and accessory storage recess 74, see Liu fig. 6; additionally, at least a portion of battery 33 extends to the far side of the handle from the accessory storage recess 74, see Liu figs. 1-2 and 5-6), and projections of any two of the battery, the accessory storage recess, and the motor on a horizontal plane where the vacuum cleaner is placed to vacuum do not overlap (projections of battery 33, storage recess 74, and motor 36 do not overlap, see Liu figs. 2-6. Applicant is advised that the limitation of "projections of any two of the battery, the accessory storage recess, and the handle on a horizontal plane where the vacuum cleaner is placed to vacuum do not overlap" requires only that at least one combination of two of the listed projections not overlap).
It would have been obvious to a person having ordinary skill before the effective filing date to integrate the teachings of Liu regarding a storage recess into the cleaner of McClearen such that the upper end surface of the combined device included an accessory storage recess having an opening on the upper end surface and extending in a direction perpendicular to the upper end surface and the battery and the accessory storage recess were provided respectively on different sides of the handle, and projections of any two of the battery, the accessory storage recess, and the motor on a horizontal plane where the vacuum cleaner is placed to vacuum do not overlap, as making such a modification represents the simple substitution of one sort of accessory storage system for another and the results of implementing a storage system such as that taught by Liu in the device of McClearen would have been predictable to one of ordinary skill in the art.
22. McClearen as modified teaches the vacuum cleaner according to claim 21, wherein the accessory storage recess extends parallel to the axial direction of the motor (The recess extends vertically, which would be parallel to the vertical axis described in the rejection of claim 21 above) and is provided between the motor and at least one side wall of the housing (because the recess extends into the housing, it would possible to draw a line between the motor and at least one sidewall that intersects the recess).
23. McClearen as modified teaches the vacuum cleaner according to claim 22, wherein the housing includes four sidewalls (vacuum has at least four sidewalls, see McClearen fig.1) and the accessory storage recess is provided adjacent a corner between two adjacent side walls of the housing (Liu teaches accessory storage recess 74 is provided adjacent a corner between two sidewalls, see Liu fig. 2).
25. McClearen as modified teaches the vacuum cleaner according to claim 21, wherein: the battery is exposed when coupled to the housing (battery may be exposed when door 361 is open, see McClearen fig. 1 and 2:44-52), one side of the vacuum cleaner comprises a recessed portion, and the battery is accommodated in the recessed portion (Battery is in interior region 220A see McClearen fig. 1 and 2:41-52).
26. McClearen as modified teaches the vacuum cleaner according to claim 25, wherein a top portion is disposed on the recessed portion, and the top portion is located below the upper end surface (upper portion housing defining interior region 220A, see McClearen fig. 1).
29. McClearen as modified teaches the vacuum cleaner according to claim 21, wherein the suction pipe comprises: a hose, and a rigid pipe configured for gripping, wherein one end of the hose is at least partially retractable into the rigid pipe (suction pipe 311 includes a stretchable hose and rigid pipe ends, see McClearen fig. 9; the hose would be capable of stretching out of and retracting into the ends, based on the forces applied. Further, hose attachments such as wand 706 including a rigid pipe are disclosed which an end of 311 would be pushed into, see McClearen fig. 10 and 6:5-20).
Claims 24 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over McClearen and Liu as applied to claims 21 and 25 above, and further in view of Zeiler et al. (US 7712182, "Zeiler").
24. McClearen as modified teaches the vacuum cleaner according to claim 22, wherein the housing comprises a lower end surface opposite the upper end surface, the dust cup is disposed on the lower end surface (lower housing 340 which acts as a dust cup has a bottom surface, see McClearen figs. 1-3), the dust cup comprises a dust-cup outer wall and a dust collection and separation cavity (lower housing 340 serves as an outer wall around dust collection and separation cavity 340a).
McClearen as modified does not teach that a gap space is provided between the dust-cup outer wall and a wall of the dust collection and separation cavity, wherein the accessory storage recess extends into the gap space.
However, Zeiler teaches the concept of providing a vacuum cleaner having an accessory storage recess extending vertically between the motor and at least one side wall of the housing (accessories 106f are stored between housing door 292 and the rest of the cleaner, see Zeiler fig. 21 and 18:17-29), such that the accessory storage recess extends into a vertical portion adjacent a dust cup housing (storage recess 249i holding accessories 106i extend into portion of housing 22i adjacent dust cup 30i, see Zeiler fig. 21, 18:17-29, and 7:7-21).
It would have been obvious to a person having ordinary skill before the effective filing date to integrate the teachings of Zeiler regarding arrangements for a storage recess into the cleaner of McClearen as modified such that a gap space is provided between the dust-cup outer wall and a wall of the dust collection and separation cavity, wherein the accessory storage recess extends into the gap space, as doing so represents the combination of known prior art elements (specifically the elements of vacuum housings, dust cups, and storage recesses) according to known methods, and the results of such a combination would have been predictable to one of ordinary skill in the art.
27. McClearen as modified teaches the vacuum cleaner according to claim 25, but does not teach that the recessed portion comprises: a first recessed portion; and a second recessed portion, wherein the first recessed portion is formed through depression of the housing, and the second recessed portion is formed through depression of the dust cup.
However, Zeiler teaches a vacuum cleaner (see Zeiler fig. 21), wherein an upper end of the cleaner includes a recessed portion comprising a first recessed portion; and a second recessed portion, wherein the first recessed portion is formed through depression of the housing, and the second recessed portion is formed through depression of the dust cup (housing 22 and cover 32 collectively form debris chamber 30, see Zeiler 7:41-43, 22i and 32i correspond to 22 and 32, see Zeiler 18:11-16; recess for battery 249i and accessories 106i is formed in 32i and 22i, see Zeiler fig. 21 and 18:17-29).
It would have been obvious to a person having ordinary skill before the effective filing date to integrate the teachings of Zeiler regarding a recessed portion for holding a battery and tools into the cleaner of McClearen as modified such that that the recessed portion comprised a first recessed portion; and a second recessed portion, wherein the first recessed portion is formed through depression of the housing, and the second recessed portion is formed through depression of the dust cup, as doing so would allow for the onboard storage of additional cleaner accessories (see Zeiler 18:1-29).
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over McClearen and Liu as applied to claim 21 above, and further in view of Conrad (US PGPub 2011/0219574).
28. McClearen teaches the vacuum cleaner according to claim 21, but does not teach that the dust cup comprises:
a dust dumping cover, and a fastener for locking the dust dumping cover; and the vacuum cleaner further comprises:
a dust dumping button that controls the dust dumping cover to open; and an intermediate rod located between the dust dumping button and the dust dumping cover, wherein: the dust dumping button is located on the upper end surface, the dust dumping cover is located on a lower bottom surface of the dust cup, one end of the intermediate rod is fixedly connected to the dust dumping button, another end of the intermediate rod corresponds to a position of the fastener, and based on activation of the dust dumping button, the intermediate rod is capable of abutting against the fastener to control the dust dumping cover to open.
However, Conrad teaches a dust cup for a vacuum cleaner (120) comprising a dust dumping cover (134), a fastener for locking the dust dumping cover (latch member 200), a dust dumping button that controls the dust dumping cover to open (204), and an intermediate rod located between the dust dumping button and the dust dumping cover (linkage member 206, see Conrad fig. 3 and [0070]-[0071]), wherein the dust dumping button is located on the upper end surface, wherein the dust dumping cover is located on a lower bottom surface of the dust cup, wherein one end of the intermediate rod is fixedly connected to the dust dumping button, wherein another end of the intermediate rod corresponds to a position of the fastener, and wherein based on activation of the dust dumping button, the intermediate rod is capable of abutting against the fastener to control the dust dumping cover to open (pressing 204 on top of upper surface opens latch 200 as a result of motion from lever 206, thereby opening door 134, see Conrad fig. 3 and [0070]-[0071]).
It would have been obvious to a person having ordinary skill before the effective filing date to integrate the teachings of a dust cup latch and actuating system from Conrad into the device of McClearen as modified such that the dust cup included a dust dumping cover, and a fastener for locking the dust dumping cover, and the vacuum cleaner further comprises: a dust dumping button that controls the dust dumping cover to open, and an intermediate rod located between the dust dumping button and the dust dumping cover, wherein the dust dumping button is located on the upper end surface, the dust dumping cover is located on a lower bottom surface of the dust cup, one end of the intermediate rod is fixedly connected to the dust dumping button, the other end of the intermediate rod corresponds to a position of the fastener, and based on activation of the dust dumping button, the intermediate rod is capable of abutting against the fastener to control the dust dumping cover to open, as doing so represents the simple substitution of one sort of known dust cup mechanism for another, and the results of such a substitution would have been obvious to one of ordinary skill in the art.
Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over McClearen and Liu as applied to claim 21 above, and further in view of KR 200431668, "the '668 reference".
30. McClearen teaches the vacuum cleaner according to claim 21, wherein: the housing comprises a first pipe groove and an air outlet (exhaust region 235 is located on either side of a pipe groove, see McClearen figs. 1 and 5).
McClearen does not teach that the air outlet is disposed within the first pipe groove, such that when the one end of the suction pipe is stored in the first pipe groove, the one end of the suction pipe covers the air outlet.
However, McClearen does teach that a large area for an exhaust reduces the airflow speed and consequently noise (see McClearen 5:56-6:4). It would have been obvious to a person having ordinary skill before the effective filing date to increase the area of the exhaust region of McClearen such that it included at least one air outlet in the pipe groove that would be covered by one end of the suction pipe when the one end is stored in the first pipe groove, as doing so would provide additional airflow noise reduction by increasing both the area and the number of openings in the exhaust region (see McClearen 5:56-6:4).
McClearen also does not teach the presence of a magnet disposed at the first pipe groove and an attracted member disposed on one end of the suction pipe, wherein when the one end of the suction pipe is stored in the first pipe groove, the magnet attracts the attracted member.
However, the '668 reference teaches the concept of a vacuum cleaner having a magnetic pipe groove (5) and a material in the pipe that is attracted by the magnet (2) such that the pipe is attracted to the magnet and thereby secured in the groove (see '668 fig. 2 and '668 Translation page 2). It would have been obvious to a person having ordinary skill before the effective filing date to integrate the teachings of securing a pipe in a pipe groove with a magnet from '668 into the cleaner of McClearen such that it included a magnet disposed at the first pipe groove and an attracted member disposed on one end of the suction pipe, and when the one end of the suction pipe was stored in the first pipe groove, the magnet would attract the attracted member, as doing so would simplify attachment and detachment of the pipe (see Abstract, '668 Translation page 1).
Claims 32-33, 35-38, and 40-41 are rejected under 35 U.S.C. 103 as being unpatentable over Liu.
Regarding claims 32-33, 35-38, and 41, Liu teaches the vacuum cleaner according to claim 31 but does not specifically disclose dimensions for:
32. a height of the handle relative to the upper end surface;
33. a height ratio of a housing height to a dust cup height;
35. a ratio of a diameter of the suction pipe to a diameter of the dust cup, or a length of the dust cup, or a width of the dust cup;
36. a motor power range;
37. a suction force;
38. a flow rate range; or,
41. a length range of 150 mm to 200 mm, a width range of 160 mm to 200 mm, and a height range of 220 mm to 250 mm.
However, it would nonetheless have been obvious to one of ordinary skill in the art before the effective filing date to modify Liu such that it included the claimed dimensions, as the sole difference between the invention of each of claims 32-33, 35-38, and 41 and Liu is a recitation of the relative dimensions of the claimed device, and it has been held that where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. See Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Further, the disclosure provides no evidence indicating any of the individually claimed relative dimensions are critical to the invention.
40. Liu teaches the vacuum cleaner according to claim 31, wherein:
the suction pipe comprises a rigid pipe and a hose that is at least partially retractable into the rigid pipe (suction pipe 10 includes a flexible hose and a solid end capable of being inserted into a tool such as 74, due to elastic deformation, the hose would be capable of being at least partly extended—when stretched—and retracted relative to the rigid end, see Liu fig. 7). Liu does not explicitly teach the hose has a length range of 240 mm to 400 mm.
However, it would nonetheless have been obvious to one of ordinary skill in the art before the effective filing date to modify Liu such that it included the claimed dimensions, as the sole difference between the claimed invention and Liu is a recitation of the relative dimensions of the claimed device, and it has been held that where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Further, the disclosure provides no evidence indicating the relative dimensions are critical to the invention.
Claim 43 is rejected under 35 U.S.C. 103 as being unpatentable over Cochran et al. (US 7526833, "Cochran").
43. Cochran teaches a vacuum cleaner (10e) comprising:
a housing (40e) including an upper end surface (upper surface at top of 890, see Cochran fig. 14);
a handle (54e) located above the upper end surface (54e is above top surface of 890, see Cochran fig. 14);
an accessory storage recess (900) having an opening on the upper end surface and extending in a direction perpendicular to the upper end surface (recesses 900 are configured to receive tools 20e, see Cochran figs. 14 and 28);
a motor (42e), disposed within the housing (42e is within 40e, see Cochran fig. 15, configured to drive a fan (44e), thereby producing a suction force (Cochran 8:51-67);
a dust cup (14e) configured to collect particles that are suctioned therein, the dust cup comprising a suction port (air passes through a filter inlet on 14e, Cochran 8:51-67); and
a recessed portion at an exterior side of the housing configured to accommodate a battery to supply power to the motor, the recessed portion including a first recessed portion and a second recessed portion, the first recessed portion being formed through depression of the housing, and the second recessed portion being formed through depression of the dust cup (battery enclosure 550 extends into the housing at both power head 12e and dust cup 14e, see Cochran fig. 19).
Cochran does not teach that the recessed portion and the accessory storage recess are provided respectively on different sides of the handle.
However, it would have been obvious for one of ordinary skill before the effective filing date to modify the device of Cochran such that the recessed portion and the accessory storage recess were provided respectively on different sides of the handle, as doing so represents no more than the mere rearrangement of parts, and it has been held that when shifting the position of design elements would not modify the operation of the device, that the particular placement of those elements is an obvious matter of design choice. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). Moving the accessory storage recess of Cochran to the other side of the handle would not modify the operation of the device and would therefore have been obvious to one of ordinary skill as a matter of obvious design choice.
Response to Arguments
Applicant's arguments filed 24 June, 2025 have been fully considered but they are not persuasive. Regarding the rejection of claim 21, Applicant relies on an improperly narrowed interpretation of the term “sides of the handle”. As cited in the rejection, the battery of Liu is positioned on an inside the area covered by the handle while the accessory storage recess is positioned on an outside. Inside and outside are on different sides of the handle. Consequently, Liu teaches the claimed structure.
Additionally, as noted above, the new limitation of “projections of any two of the battery, the accessory storage recess, and the motor on a horizontal plane where the vacuum cleaner is placed to vacuum do not overlap” requires only that at least one pair of projections not overlap. As Liu teaches that none of the projections would overlap, it suggests such a configuration.
Consequently, applicant’s arguments regarding claim 21 and claims 29-30 depending therefrom are unpersuasive.
Applicant’s arguments with respect to claim(s) 31-33, 35-38, 40-41, and 43 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.
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 JONATHAN R ZAWORSKI whose telephone number is (571)272-7804. The examiner can normally be reached Monday-Thursday 8:00-5:00, Fridays 9:00-1:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571)-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.R.Z./ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723