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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/21/2026 has been entered.
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-3, 5-7, 11, 13, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conrad (US20130269147).
Regarding claim 1, Conrad discloses a dust extractor comprising
- a dust cyclone container (Fig. 8 element 44) with an air inlet (Fig. 7 element 34, 0092, where it is contemplated that Figs. 7-9 each have the same element 34) for connecting to a hose (0126, where a flexible hose corresponds to a hose), the dust cyclone container having a contaminated portion downstream the air inlet (Fig. 8, the portion of the cyclone container (44) which is external to element 53 correspond to a contaminated portion) and a clean portion downstream the contaminated portion (Fig. 8, the portion of the cyclone container (44) which is surrounded by element 53 and thereby internal to element 53 corresponds to a clean portion), where a dust separating part (Fig. 8 element 53) is adapted to be provided between the contaminated portion and the clean portion (Fig. 8), the dust separating part comprising at least one cyclone and/or a coarse filter part (0096, where the dust separating part (53) is a coarse filter), wherein the contaminated portion of the dust cyclone container is adapted to be provided with a dust container (Fig. 8 element 30, 0094-0095 and 0134, where the collection chamber being removable and being a completely separate structure which “may be removable without the cyclone chamber” (0134) is being used as the embodiment, which is supported at least by 0090) for collecting dust (0094-0095),
- a fine filter section (Fig. 8 element 46, excluding element 30) arranged adjacent to the dust cyclone container (Fig. 8) and having a contaminated section (Fig. 8, the section of the fine filter section (46) which is directly above element 40 corresponds to a contaminated section) and a clean section downstream the contaminated section (Fig. 8, the section downstream of element 42 corresponds to a clean section), and a fine filter part (Fig. 8 element 42) is adapted to be provided between the contaminated section and the clean section (Fig. 8),
- a mobility section (Fig. 5 element 58) comprising wheels (Fig. 5 elements 60) and a frame (Fig. 5 element 62),
- an air channel (Fig. 8 element 36), between the clean portion of the dust cyclone container and a contaminated section of the fine filter part (Fig. 8),
- a blower/fan motor (Fig. 8 element 20) mounted to the fine filter section (Fig. 8), for drawing air from the air inlet through the dust separating part, through the air channel and through the fine filter part, and allowing air to exit to the ambient after having passed the fine filter part (0091 and 0097, where the suction motor is capable of drawing air from the air inlet through the dust separating part, air channel, and the fine filter part, and allowing air to exit to ambient),
wherein the dust cyclone container has a center axis along its longitudinal extension (see annotated Fig. 8 below), and the fine filter part is provided at a radial distance (Fig. 8, where the thickness of the outer sidewall of the dust cyclone container (44) and the thickness of the outer sidewall of the fine filter section (46) added together corresponds to a radial distance) from the dust cyclone container along a plane perpendicular to the center axis of the dust cyclone container (see annotated Fig. 8 below), the plane coinciding with the dust cyclone container and a portion of the fine filter part (see annotated Fig. 8 below),
wherein the fine filter section is attached to the mobility section (Fig. 1), and wherein the dust cyclone container is attached to the fine filter section (Fig. 1), so as to be suspended from the fine filter section (Fig. 1 where, at least when the dust extractor is lifted off of the ground by the fine filter section (46) , the dust cyclone container (44) and mobility section (58) are both suspended from the fine filter section (46)), and
wherein the dust cyclone container is arranged axially separated from the mobility section by a distance (Figs. 1 and 8, 0094-0095 and 0134, where the height of the dust container (30) corresponds to an axial separation distance), and
wherein the distance is a longitudinal distance between a bottom of the dust cyclone container and a top of the mobility assembly measured in a direction perpendicular to a wheel axis of the mobility assembly (see annotated Fig. 3 below, which shows an illustration of the embodiment where the dust container is a completely separate structure and is removable (as discussed above) and where the wheel axis is into/out of the page and therefore the longitudinal distance, which is equivalent to the height of the dust container, is in a direction which is perpendicular to the wheel axis).
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Regarding claim 2, Conrad discloses the limitations of claim 1, as described above, and further discloses the dust cyclone container has a generally cylindrical shape (Figs. 1-6 and 8), wherein the dust cyclone container is attached to the fine filter section along an axial extension of the generally cylindrical shape (Fig. 8).
Regarding claim 3, Conrad discloses the limitations of claim 1, as described above, and further discloses the dust cyclone container is arranged axially separated from the mobility section by a distance (Figs. 1 and 8, 0094, where the height of the dust container (30) corresponds to an axial separation distance).
Regarding claim 5, Conrad discloses the limitations of claim 1, as described above, and further discloses the dust cyclone container is elevated from ground by the mobility section and by the fine filter section (Fig. 1) in a normal operative position of the dust extractor (Fig. 1 shows a normal operative position of the dust extractor).
Regarding claim 6, Conrad discloses the limitations of claim 1, as described above, and further discloses a bottom of the dust cyclone container (see annotated Fig. 8 above, where the end of the dust cyclone container (44) which is at and below the plane is considered the bottom of the dust cyclone container (44)) is accessible from an angular range of at least 150 degrees measured about a center axis of the dust cyclone container (see annotated Fig. 8 above and Figs. 2 and 3, where a bottom of the dust cyclone container (44) is accessible from an angular range of at least 150 degrees as it can be seen in Figs. 2 and 3 that at least the section of the dust cyclone container (44) from the center of the dust cyclone container (44) on the side shown in Fig. 3 all the way to the center of the dust cyclone container (44) on the side opposite of that shown in Fig. 3 is accessible and therefore allows for at least 180 degrees of access).
Regarding claim 7, Conrad discloses the limitations of claim 1, as described above, and further discloses center axes of the dust cyclone container and the fine filter part are parallel (see annotated Fig. 8 above).
Regarding claim 11, Conrad discloses the limitations of claim 1, as described above, and further discloses the dust cyclone container and the fine filter section have essentially cylindrical shapes (Fig. 1).
Regarding claim 13, Conrad discloses the limitations of claim 1, as described above, and further discloses the dust separating part comprises an opening facing the clean portion of the dust separating part (see annotated Fig. 8' below), wherein the opening of the dust separating part lies in the plane (see annotated Fig. 8' below), wherein there is a shortest distance between an opening of the fine filter part (see annotated Fig. 8' below, where a singular opening is shown and examiner notes that any one of the spaces between the pleats of the filter part (42) correspond to an opening of the filter part (42)) that faces the contaminated section of the fine filter part and the plane (see annotated Fig. 8’ below, where it can be seen that the opening of the filter part extends in a v-shape through the plane, which means that the shortest distance is zero), wherein that distance falls below 0.3 times the length of the fine filter part along a center axis of the fine filter part (see annotated Fig. 8’ below, where zero distance is less than .3 times any length which includes a length of the fine filter part along a center axis of the fine filter part).
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Regarding claim 16, Conrad discloses the limitations of claim 1, as described above, and further discloses the dust extractor comprises a lid arrangement (Fig. 8 element 45) arranged to cover a top of the dust cyclone container and a top of the fine filter section (see annotated Fig. 8 above, where the end of the dust cyclone container (44) which is above the plane is considered the top of the dust cyclone container (44) and the end of the fine filter section (46) which is above the plane is considered the top of the fine filter section (46)), in a normal operative configuration of the dust extractor (Fig. 8 shows a normal operative position of the dust extractor).
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 4 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US20130269147).
Regarding claim 4, Conrad discloses the limitations of claim 3, as described above, and further discloses a bottom of the dust cyclone container (see annotated Fig. 8 above, where the end of the dust cyclone container (44) which is below the plane is considered the bottom of the dust cyclone container (44)) is arranged axially separated from the mobility section by a distance (Figs. 1 and 8, 0094-0095, where the height of the dust container (30) corresponds to an axial separation distance).
Conrad fails to disclose that the distance is at least 20 cm. Conrad discloses that there is distance between the bottom of the dust cyclone container and the mobility section, but is silent to the specific dimension/provide a relative range for the distance to fall within. In other words, Conrad fails to explicitly disclose (a) definite values the distance between the bottom of the dust cyclone container and the mobility section is to be at least 20 cm. The distance between the bottom of the dust cyclone container and the mobility section, which equates to the height of the dust container, is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that the size and storage capability of the dust container are each proportional to the distance between the bottom of the dust cyclone container and the mobility section. Therefore, since the general conditions of the claim, i.e. that the dust extractor has a distance between the bottom of the dust cyclone container and the mobility section, was disclosed in the prior art by Conrad, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the dust extractor disclosed by Conrad to have a distance between the bottom of the dust cyclone container and the mobility section be at least 20 cm.
Regarding claim 14, Conrad discloses the limitations of claim 1, as described above, and further discloses the dust cyclone container has a diameter perpendicular to a center axis of the dust cyclone container along a lateral extension of the fine filter part (see annotated Fig. 8 above), and the fine filter part has a center axis (see annotated Fig. 8 above), wherein there is a first shortest distance between the center axis of the dust cyclone container and the center axis of the fine filter part (see annotated Fig. 8 above).
Conrad fails to disclose that the first shortest distance between the center axis of the dust cyclone container and the center axis of the fine filter part is less than 1.2 times the diameter of the dust cyclone container along a lateral extension of the fine filter part. Examiner notes that Applicant provides no criticality in the specification for the claimed range. Conrad discloses that there is a first shortest distance between the center axis of the dust cyclone container and the center axis of the fine filter part, but is silent to the specific dimension/provide a relative range for the first shortest distance to fall within. In other words, Conrad fails to explicitly disclose (a) definite values the first shortest distance that the dust extractor is to possess is less than 1.2 times the diameter of the dust cyclone container along a lateral extension of the fine filter part. The first shortest distance of dust extractor is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that the size, filtering capability, and storage capability of the dust extractor are each proportional to the first shortest distance between the center axis of the dust cyclone container and the center axis of the fine filter part. Therefore, since the general conditions of the claim, i.e. that the dust extractor has a first shortest distance between the center axis of the dust cyclone container and the center axis of the fine filter part, was disclosed in the prior art by Conrad, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the dust extractor disclosed by Conrad to have a first shortest distance between the center axis of the dust cyclone container and the center axis of the fine filter part is less than 1.2 times the diameter of the dust cyclone container along a lateral extension of the fine filter part.
Regarding claim 15, Conrad discloses the limitations of claim 14, as described above, and further discloses the fine filter section is adapted to hold a plurality of fine filter parts (Fig. 8, where both elements 42 and 40 are fine filter parts), the dust cyclone container has a diameter perpendicular to a center axis of the dust cyclone container (see annotated Fig. 8 above), and the fine filter parts have center axes (see annotated Fig.8b above, where the center of fine filter part is the same axis for both fine filter parts), wherein a second distance is a shortest distance between the center axis of the dust cyclone container and a center axis of a fine filter part that is farthest away from the dust cyclone container (see annotated Fig. 8 above, where the first shortest distance corresponds to the second shortest distance).
Conrad fails to disclose that the second distance is less than 1.2 times the diameter of the dust cyclone container along the lateral extension of the fine filter part. Examiner notes that Applicant provides no criticality in the specification for the claimed range. Conrad discloses that there is a second distance between the center axis of the dust cyclone container and the center axis of the fine filter part, but is silent to the specific dimension/provide a relative range for the second distance to fall within. In other words, Conrad fails to explicitly disclose (a) definite values the second distance that the dust extractor is to possess is less than 1.2 times the diameter of the dust cyclone container along the lateral extension of the fine filter part. The second distance of dust extractor is recognized as a result-effective variable, i.e. a variable which achieves a recognized result. In this case, the recognized result is that the size, filtering capability, and storage capability of the dust extractor are each proportional to the second distance between the center axis of the dust cyclone container and the center axis of the fine filter part. Therefore, since the general conditions of the claim, i.e. that the dust extractor has a second distance between the center axis of the dust cyclone container and the center axis of the fine filter part, was disclosed in the prior art by Conrad, it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the dust extractor disclosed by Conrad to have a second distance between the center axis of the dust cyclone container and the center axis of the fine filter part is less than 1.2 times the diameter of the dust cyclone container along a lateral extension of the fine filter part.
Claims 8-10, 17-18, and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US20130269147) in view of Dyson et al. (US9591957), hereinafter Dyson.
Regarding claim 8, Conrad discloses the limitations of claim 1, as described above, but fails to disclose the fine filter section partly surrounds the dust cyclone container such that the fine filter section extends on lateral sides of a portion of the dust cyclone container.
Dyson is also concerned with a dust extractor and teaches the fine filter section (Fig. 3 element 6, which also includes elements 101 in Fig. 4) partly surrounds the dust cyclone container (Fig. 1 element 62) such that the fine filter section extends on lateral sides of a portion of the dust cyclone container (Fig. 1). It 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, to modify the dust extractor of Conrad to have the fine filter section partly surround the dust cyclone container such that the fine filter section extends on lateral sides of a portion of the dust cyclone container, as taught by Dyson, because Dyson teaches that this configuration allows the dust cyclone container (i.e. the primary separating apparatus) to be received snugly into the fine filter section (i.e. the main body) in a way that is “in a visually striking position for the user” (2:35-42).
Regarding claim 9, Conrad discloses the limitations of claim 1, as described above, but fails to disclose opposing outer surfaces of the dust cyclone container and the fine filter section at least partly have substantially complementary shapes.
Dyson is also concerned with a dust extractor and teaches opposing outer surfaces of the dust cyclone container (Fig. 1 element 62) fine filter section (Fig. 3 element 6, which also includes elements 101 in Fig. 4) at least partly have substantially complementary shapes (see annotated Fig. 5 below). It 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, to modify the dust extractor of Conrad to have opposing outer surfaces of the dust cyclone container and the fine filter section at least partly have substantially complementary shapes, as taught by Dyson, because Dyson teaches that this configuration allows the dust cyclone container (i.e. the primary separating apparatus) to be received snugly into the fine filter section (i.e. the main body) in a way that is “in a visually striking position for the user” (2:35-42).
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Regarding claim 10, Conrad discloses the limitations of claim 9, as described above, and further discloses a shape of a first one of the opposing outer surfaces of the dust cyclone container is generally convex and a shape of a second one of the opposing outer surfaces of the fine filter section is generally concave (Dyson, see annotated Fig. 5 above).
Regarding claim 17, Conrad discloses a dust extractor comprising
- a dust cyclone container (Fig. 8 element 44) with an air inlet (Fig. 7 element 34, 0092, where it is contemplated that Figs. 7-9 each have the same element 34) for connecting to a hose (0126, where a flexible hose corresponds to a hose), the dust cyclone container having a contaminated portion downstream the air inlet (Fig. 8, the portion of the cyclone container (44) which is external to element 53 correspond to a contaminated portion) and a clean portion downstream the contaminated portion (Fig. 8, the portion of the cyclone container (44) which is surrounded by element 53 and thereby internal to element 53 corresponds to a clean portion), where a dust separating part (Fig. 8 element 53) is adapted to be provided between the contaminated portion and the clean portion (Fig. 8), the dust separating part comprising at least one cyclone and/or a coarse filter part (0096, where the dust separating part (53) is a coarse filter), wherein the contaminated portion of the dust cyclone container is adapted to be provided with a dust container (Fig. 8 element 30, 0094-0095 and 0134, where the collection chamber being removable and being a completely separate structure which “may be removable without the cyclone chamber” (0134) is being used as the embodiment, which is supported at least by 0090) for collecting dust (0094-0095),
- a fine filter section (Fig. 8 element 46, excluding element 30) arranged adjacent to the dust cyclone container (Fig. 8) and having a contaminated section (Fig. 8, the section of the fine filter section (46) which is directly above element 40 corresponds to a contaminated section) and a clean section downstream the contaminated section (Fig. 8, the section downstream of element 42 corresponds to a clean section), and a fine filter part (Fig. 8 element 42) is adapted to be provided between the contaminated section and the clean section (Fig. 8),
- a mobility section (Fig. 5 element 58) comprising wheels (Fig. 5 elements 60) and a frame (Fig. 5 element 62),
- an air channel (Fig. 8 element 36), between the clean portion of the dust cyclone container and a contaminated section of the fine filter part (Fig. 8),
- a blower/fan motor (Fig. 8 element 20) mounted to the fine filter section (Fig. 8), for drawing air from the air inlet through the dust separating part, through the air channel and through the fine filter part, and allowing air to exit to the ambient after having passed the fine filter part (0091 and 0097, where the suction motor is capable of drawing air from the air inlet through the dust separating part, air channel, and the fine filter part, and allowing air to exit to ambient),
wherein the dust cyclone container has a center axis along its longitudinal extension (see annotated Fig. 8 above), and the fine filter part is provided at a radial distance (Fig. 8, where the thickness of the outer sidewall of the dust cyclone container (44) and the thickness of the outer sidewall of the fine filter section (46) added together corresponds to a radial distance) from the dust cyclone container along a plane perpendicular to the center axis of the dust cyclone container (see annotated Fig. 8 above), the plane coinciding with the dust cyclone container and a portion of the fine filter part (see annotated Fig. 8 above),
wherein the dust cyclone container is arranged axially separated from the mobility section by a distance (Figs. 1 and 8, 0094-0095 and 0134, where the height of the dust container (30) corresponds to an axial separation distance), and
wherein the distance is a longitudinal distance between a bottom of the dust cyclone container and a top of the mobility assembly measured in a direction perpendicular to a wheel axis of the mobility assembly (see annotated Fig. 3 above, which shows an illustration of the embodiment where the dust container is a completely separate structure and is removable (as discussed above) and where the wheel axis is into/out of the page and therefore the longitudinal distance, which is equivalent to the height of the dust container, is in a direction which is perpendicular to the wheel axis).
Conrad fails to disclose the fine filter section partly surrounds the dust cyclone container such that the fine filter section extends on lateral sides of a portion of the dust cyclone container.
Dyson is also concerned with a dust extractor and teaches the fine filter section (Fig. 3 element 6, which also includes elements 101 in Fig. 4) partly surrounds the dust cyclone container (Fig. 1 element 62) such that the fine filter section extends on lateral sides of a portion of the dust cyclone container (Fig. 1). It 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, to modify the dust extractor of Conrad to have the fine filter section partly surround the dust cyclone container such that the fine filter section extends on lateral sides of a portion of the dust cyclone container, as taught by Dyson, because Dyson teaches that this configuration allows the dust cyclone container (i.e. the primary separating apparatus) to be received snugly into the fine filter section (i.e. the main body) in a way that is “in a visually striking position for the user” (2:35-42).
Regarding claim 18, Conrad discloses the limitations of claim 9, as described above, and further discloses the dust cyclone container has a generally cylindrical shape (Conrad, Figs. 1-6 and 8), wherein the dust cyclone container is attached to the fine filter section along an axial extension of the generally cylindrical shape (Conrad, Fig. 8, 0100).
Regarding claim 33, Conrad discloses a dust extractor comprising
- a dust cyclone container (Fig. 8 element 44) with an air inlet (Fig. 7 element 34, 0092, where it is contemplated that Figs. 7-9 each have the same element 34) for connecting to a hose (0126, where a flexible hose corresponds to a hose), the dust cyclone container having a contaminated portion downstream the air inlet (Fig. 8, the portion of the cyclone container (44) which is external to element 53 correspond to a contaminated portion) and a clean portion downstream the contaminated portion (Fig. 8, the portion of the cyclone container (44) which is surrounded by element 53 and thereby internal to element 53 corresponds to a clean portion), where a dust separating part (Fig. 8 element 53) is adapted to be provided between the contaminated portion and the clean portion (Fig. 8), the dust separating part comprising at least one cyclone and/or a coarse filter part (0096, where the dust separating part (53) is a coarse filter), wherein the contaminated portion of the dust cyclone container is adapted to be provided with a dust container (Fig. 8 element 30, 0094-0095 and 0134, where the collection chamber being removable and being a completely separate structure which “may be removable without the cyclone chamber” (0134) is being used as the embodiment, which is supported at least by 0090) for collecting dust (0094-0095),
- a fine filter section (Fig. 8 element 46, excluding element 30) arranged adjacent to the dust cyclone container (Fig. 8) and having a contaminated section (Fig. 8, the section of the fine filter section (46) which is directly above element 40 corresponds to a contaminated section) and a clean section downstream the contaminated section (Fig. 8, the section downstream of element 42 corresponds to a clean section), and a fine filter part (Fig. 8 element 42) is adapted to be provided between the contaminated section and the clean section (Fig. 8),
- a mobility section (Fig. 5 element 58) comprising wheels (Fig. 5 elements 60) and a frame (Fig. 5 element 62),
- an air channel (Fig. 8 element 36), between the clean portion of the dust cyclone container and a contaminated section of the fine filter part (Fig. 8),
- a blower/fan motor (Fig. 8 element 20) mounted to the fine filter section (Fig. 8), for drawing air from the air inlet through the dust separating part, through the air channel and through the fine filter part, and allowing air to exit to the ambient after having passed the fine filter part (0091 and 0097, where the suction motor is capable of drawing air from the air inlet through the dust separating part, air channel, and the fine filter part, and allowing air to exit to ambient),
wherein the dust cyclone container has a center axis along its longitudinal extension (see annotated Fig. 8 above), and the fine filter part is provided at a radial distance (Fig. 8, where the thickness of the outer sidewall of the dust cyclone container (44) and the thickness of the outer sidewall of the fine filter section (46) added together corresponds to a radial distance) from the dust cyclone container along a plane perpendicular to the center axis of the dust cyclone container (see annotated Fig. 8 above), the plane coinciding with the dust cyclone container and a portion of the fine filter part (see annotated Fig. 8 above), and
wherein the dust cyclone container is arranged axially separated from the mobility section by a distance (Figs. 1 and 8, 0094-0095 and 0134, where the height of the dust container (30) corresponds to an axial separation distance), and
wherein the distance is a longitudinal distance between a bottom of the dust cyclone container and a top of the mobility assembly measured in a direction perpendicular to a wheel axis of the mobility assembly (see annotated Fig. 3 above, which shows an illustration of the embodiment where the dust container is a completely separate structure and is removable (as discussed above) and where the wheel axis is into/out of the page and therefore the longitudinal distance, which is equivalent to the height of the dust container, is in a direction which is perpendicular to the wheel axis).
Conrad fails to disclose opposing outer surfaces of the dust cyclone container and the fine filter section at least partly have substantially complementary shapes.
Dyson is also concerned with a dust extractor and teaches opposing outer surfaces of the dust cyclone container (Fig. 1 element 62) fine filter section (Fig. 3 element 6, which also includes elements 101 in Fig. 4) at least partly have substantially complementary shapes (see annotated Fig. 5 above). It 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, to modify the dust extractor of Conrad to have opposing outer surfaces of the dust cyclone container and the fine filter section at least partly have substantially complementary shapes, as taught by Dyson, because Dyson teaches that this configuration allows the dust cyclone container (i.e. the primary separating apparatus) to be received snugly into the fine filter section (i.e. the main body) in a way that is “in a visually striking position for the user” (2:35-42).
Regarding claim 34, Conrad discloses the limitations of claim 9, as described above, and further discloses the dust cyclone container has a generally cylindrical shape (Conrad, Figs. 1-6 and 8), wherein the dust cyclone container is attached to the fine filter section along an axial extension of the generally cylindrical shape (Conrad, Fig. 8, 0100).
Response to Arguments
Applicant's arguments filed 1/21/2026 have been fully considered but they are not persuasive.
Applicant argues that Conrad fails to disclose that the distance between the dust cyclone container and the mobility section “is a longitudinal distance between a bottom of the dust cyclone container and a top of the mobility assembly measured in a direction perpendicular to a wheel axis of the mobility assembly” as required by claims 1, 17, and 33. Examiner respectfully disagrees. Examiner finds that in the embodiment being used by examiner (which is discussed in Conrad in paragraphs 0094-0095 and 0134, where the collection chamber being removable and being a completely separate structure which “may be removable without the cyclone chamber” (0134) is being used as the embodiment), this limitation is met (see annotated Fig. 3 above and see the rejection of claims 1, 17, and 33 above).
Examiner notes that while the additional information provided by examiner in the rejection of claims 1, 17, and 33 which includes: citing paragraph 0134 and providing annotated Fig. 3; this information was only provided to clarify the rejection made by examiner filed on 10/24/2025, and examiner finds that all the current claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 CALEB A HOLIZNA whose telephone number is (571)272-5659. The examiner can normally be reached Monday - Friday 8:00-4:30.
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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.
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/C.A.H./Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723