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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Farley et al (US 3320727; hereinafter Farley) in view of Oh (US 20090165431) and Wegelin et al (US 20010018865; hereinafter Wegelin).
As regarding claim 1, Farley discloses the claimed invention for a dust extractor comprising a dust cyclone container (17) comprising a dust inlet (19) leading into the dust cyclone container, the dust extractor further comprising a fine filter section (39) adapted to receive a fine filter part (45) downstream the dust cyclone container, wherein a contaminated side of the fine filter part is adapted to be fluidly connected to the dust cyclone container via an air channel (fig. 2; no number) that at least partly is comprised in a lid arrangement (13) and runs between a cyclone channel connecting rim and a first fine filter section channel connecting rim (fig. 2; no number), when the lid arrangement is positioned over the dust cyclone container and the fine filter section (fig. 2), wherein a first lid part is releasably attachable to the dust cyclone container and a second lid part (‘right’ portion of cover 13 of fig. 2) is releasably attachable to the fine filter section.
Farley does not disclose wherein the lid arrangement is provided with interior wall formations located radially inwards and separated from outermost interior walls of the lid arrangement, the interior wall formations comprising first wall formations and second wall formations, wherein the first wall formations comprise at least one wall having a partially circumferential configuration around the center axis of the dust cyclone container and extending essentially parallel to the center axis of the dust cyclone container while the lid arrangement is in a closed configuration.
Oh teaches wherein the lid arrangement is provided with interior wall formations located radially inwards and separated from outermost interior walls of the lid arrangement, the interior wall formations comprising first wall formations and second wall formations, wherein the first wall formations (23 of fig. 2 and [0036], [0039]) comprise at least one wall having a partially circumferential configuration around the center axis of the dust cyclone container and extending essentially parallel to the center axis of the dust cyclone container while the lid arrangement is in a closed configuration. Both Farley and Oh are directed to dust separating apparatus. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the lid arrangement is provided with interior wall formations located radially inwards and separated from outermost interior walls of the lid arrangement, the interior wall formations comprising first wall formations and second wall formations, wherein the first wall formations comprise at least one wall having a partially circumferential configuration around the center axis of the dust cyclone container and extending essentially parallel to the center axis of the dust cyclone container while the lid arrangement is in a closed configuration as taught by Oh in order to enhance vacuum cleaner performance.
Farley as modified does not disclose wherein the second wall formations comprise at least one wall having a partially circumferential configuration around a center axis of the fine filter part and extending essentially parallel to the center axis of the fine filter part when the fine filter part is mounted to the fine filter section.
Wegelin teaches wherein the second wall formations (362 of fig. 13 and [0071]) comprise at least one wall having a partially circumferential configuration around a center axis of the fine filter part and extending essentially parallel to the center axis of the fine filter part when the fine filter part is mounted to the fine filter section.
Both Farley and Wegelin are directed to dust separating apparatus. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the second wall formations comprise at least one wall having a partially circumferential configuration around a center axis of the fine filter part and extending essentially parallel to the center axis of the fine filter part when the fine filter part is mounted to the fine filter section as taught by Wegelin in order to enhance vacuum cleaner performance.
As regarding claim 3, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention for wherein one interior wall formation is adapted to face a filter rim (59, 60) surrounding an opening of a particle containing space inside the fine filter part (45) when the fine filter part is mounted to the fine filter section and the lid arrangement is attached to the fine filter section, and wherein the interior wall formation is adapted to engage the filter rim, or to be positioned a certain distance from the filter rim (fig. 2).
As regarding claim 23, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention for wherein the dust cyclone container and the fine filter section are arranged adjacent each other, such that a first outer surface of the dust cyclone container and a second outer surface of the fine filter section are arranged to oppose each other (fig. 2).
Claim(s) 13, 24, 26-28, 31-32, and 39 are rejected under 35 U.S.C. 103 as being unpatentable over Farley et al (US 3320727; hereinafter Farley) in view of Gill et al (US 20200022553; hereinafter Gill) or Cawl et al (US 3177635; hereinafter Cawl).
As regarding claim 24, Farley discloses the claimed invention for a dust extractor comprising a dust cyclone container comprising a dust inlet leading into the dust cyclone container, the dust extractor further comprising a fine filter section adapted to receive a fine filter part downstream the dust cyclone container, wherein a contaminated side of the fine filter part is adapted to be fluidly connected to the dust cyclone container via an air channel that at least partly is comprised in a lid arrangement and runs between a cyclone channel connecting rim and a first fine filter section channel connecting rim, when the lid arrangement is positioned over the dust cyclone container and the fine filter section, wherein a first lid part is releasably attachable to the dust cyclone container and a second lid part is separately releasably attachable to the fine filter section, wherein the dust cyclone container and the fine filter section are arranged adjacent each other (see rejection of claim 13 below) , such that a first outer surface of the dust cyclone container and a second outer surface of the fine filter section are arranged to oppose each other, wherein the first and second outer surfaces have complementary shapes, and wherein the first and second outer surfaces are cylindrical, and the first outer surface has a convex configuration, and the second outer surface has a concave configuration (fig. 2, col 2 ln 16-18).
Farley does not disclose wherein the first and second lid parts are coupled to each other via a hinge. Cawl (or Gill) teaches wherein the first and second lid parts are coupled to each other via a hinge (Cawl - hinged to the lugs 47: col 3 ln 2-3; fig. 1) or (Gill – 1708 of fig. 17; [0160]).
As regarding claim 26, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention for wherein the concave configuration of the second outer surface creates at least one internal volume (42) for the fine filter section on each lateral side of the dust cyclone container, wherein the at least one internal volume is adapted to accommodate electronics such as at least part of at least one of a control unit, a circuit board, and cabling (fig. 2).
As regarding claim 27, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention for wherein an operator panel for communication with an operator is arranged on an outer side of the fine filter section overlapping at least partly with said internal at least one volume (42) of the fine filter section as seen in a direction perpendicular to a plane defined by a center axis of the cyclone dust container and the center axis of at least one fine filter part (fig. 2).
Claim 39 is likewise rejected for reasons analogous to those set forth for claim 24 above.
As regarding claim 13, Farley as modified discloses all of limitation as set forth above. Farley as modified discloses the claimed invention for wherein a first distance between a center axis of the dust cyclone container and a center axis of at least one fine filter part falls below a maximum interior diameter of the dust cyclone container. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein a first distance between a center axis of the dust cyclone container and a center axis of at least one fine filter part falls below a maximum interior diameter of the dust cyclone container in order to enhance dust extractor performance, since such a modification would have involved a mere change in the size (or dimension) of a component. A change in size (or dimension) is generally recognized as being within the level of ordinary skill in the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC System, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Where patentability is said to be based upon particular chosen sizes or upon another variable recited in the claim, the applicant must show that the chosen sizes are critical and unexpected results.
As regarding claim 28, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention except for wherein the fine filter section is adapted to receive at least two fine filter parts arranged in any suitable configuration, or wherein the fine filter section is adapted to receive at least three fine filter parts arranged along a straight line or in a triangular manner. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the fine filter section is adapted to receive at least two fine filter parts arranged in any suitable configuration, or wherein the fine filter section is adapted to receive at least three fine filter parts arranged along a straight line or in a triangular manner in order to enhance system performance, since it has been held that mere duplication of parts has no patentable significance, unless a new and unexpected result is produced, since it involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
As regarding claim 31, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention for wherein the lid arrangement comprises an integrated handle portion arranged in connection to the second lid part (fig. 2).
As regarding claim 32, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention except for a resilient strap configured to hold a hose or electrical cable wound around a body of the dust extractor, and wherein the body of the dust extractor near the resilient strap is formed at a curvature. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide a resilient strap configured to hold a hose or electrical cable wound around a body of the dust extractor, and wherein the body of the dust extractor near the resilient strap is formed at a curvature in order to enhance vacuum cleaner performance, since it was well known in the vacuum cleaner art that a resilient trap is provided to hole a hose and/or electric cable.
Claim(s) 6, 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Farley et al (US 3320727; hereinafter Farley) in view of in view of Gill et al (US 20200022553; hereinafter Gill) or Cawl et al (US 3177635; hereinafter Cawl) and further in view of Park et al (US 20060090428; hereinafter Park).
As regarding claim 6, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention except for wherein the dust extractor comprises a coarse filter part that is adapted to be inserted into the dust cyclone container, and to admit passage of dust particles that are to be retained by means of the fine filter part, and wherein the air channel is adapted to connect a clean side of the coarse filter part to the contaminated side of the mounted fine filter part.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the dust extractor comprises a coarse filter part that is adapted to be inserted into the dust cyclone container, and to admit passage of dust particles that are to be retained by means of the fine filter part, and wherein the air channel is adapted to connect a clean side of the coarse filter part to the contaminated side of the mounted fine filter part in order to enhance vacuum cleaner performance, since it was known in the art as shown in Park (170 of fig. 4).
As regarding claim 8, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention except for wherein the coarse filter part comprises an opening facing the clean side of the coarse filter part, where the opening of the coarse filter part lies in a plane that runs perpendicular to a center axis of the dust cyclone container, and wherein an opening of at least one fine filter part that faces the contaminated side of the fine filter part also lies in the plane, or wherein there is a distance between an opening of one fine filter part that faces the contaminated side of the fine filter part and the plane, wherein that distance falls below 0.3 times a length of the fine filter part along the center axis of the fine filter part. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the coarse filter part comprises an opening facing the clean side of the coarse filter part, where the opening of the coarse filter part lies in a plane that runs perpendicular to a center axis of the dust cyclone container, and wherein an opening of at least one fine filter part that faces the contaminated side of the fine filter part also lies in the plane, or wherein there is a distance between an opening of one fine filter part that faces the contaminated side of the fine filter part and the plane, wherein that distance falls below 0.3 times a length of the fine filter part along the center axis of the fine filter part in order to enhance vacuum cleaner performance, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
As regarding claim 10, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention for wherein the distance is zero, or wherein the plane runs perpendicular to the center axis of at least one fine filter part (fig. 2).
Claim(s) 16-17, 19, and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Farley et al (US 3320727; hereinafter Farley) in view of Gill et al (US 20200022553; hereinafter Gill) or Cawl et al (US 3177635; hereinafter Cawl) and further in view of Haberl et al (US 5066315; hereinafter Haberl).
As regarding claim 16, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention except for wherein the first lid part comprises at least a first air flow containing part, and the second lid part comprises at least a second air flow containing part, wherein the air flow containing parts constitute interior wall formations and are adapted to be comprised in the air channel when the lid parts are mounted, wherein the lid arrangement comprises a relief valve that, when opened, is adapted to enable air from the ambient to enter via the relief valve into a clean side of the coarse filter part in the dust cyclone container, enabling the pressure at the clean side of the coarse filter part to be increased to a degree enabling dust attached to the contaminated side of the coarse filter part to be released from the coarse filter, and wherein the relief valve is fully automatic, mechanically or manually operated.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention was made to provide wherein the first lid part comprises at least a first air flow containing part, and the second lid part comprises at least a second air flow containing part, wherein the air flow containing parts constitute interior wall formations and are adapted to be comprised in the air channel when the lid parts are mounted, wherein the lid arrangement comprises a relief valve that, when opened, is adapted to enable air from the ambient to enter via the relief valve into a clean side of the coarse filter part in the dust cyclone container, enabling the pressure at the clean side of the coarse filter part to be increased to a degree enabling dust attached to the contaminated side of the coarse filter part to be released from the coarse filter, and wherein the relief valve is fully automatic, mechanically or manually operated in order to enhance dust extractor performance, since it was known in the art as shown in Haberl (17, 36 of fig. 1)
As regarding claim 17, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention for wherein the first air flow containing part is in the form of a first circumferentially running outer wall adapted to seal against the cyclone sealing rim such that dust and air that moves from the coarse filter part is enclosed by the first air flow containing part and is guided towards and into the second air flow containing part via a first aperture in the first air flow containing part, wherein the second air flow containing part is in the form of a second circumferentially running outer wall adapted to seal against the first fine filter section sealing rim that surrounds the fine filter part, where the second air flow containing part comprises a second aperture (fig. 2; no number).
As regarding claim 19, Farley as modified discloses all of limitations as set forth above. Farley as modified discloses the claimed invention for wherein the first lid part has a first opening that leads to the first aperture that is adapted to face a second opening in the second lid part when the first and second lid parts are mounted, wherein the second opening leads to the second aperture, wherein the lid arrangement comprises a lid seal between the first opening and the second opening, wherein the lid seal is positioned at one of the first and second openings or at an intermediate sealing part positioned between the first opening and the second opening, and wherein the first lid part is pivotally attached to the second lid part (Gill - fig. 17).
Claim 34 is likewise rejected for reasons analogous to those set forth for claim 16 above.
Response to Arguments
Applicant's arguments filed 7/31/25 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1, 3, 6, 8, 10, 13, 16, 17, 19, 23, 24, 26-28, 31, 32, 34 and 39 have been considered but are moot because of the new ground of rejection.
Conclusion
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/DUNG H BUI/ Primary Examiner, Art Unit 1773