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 .
Response to Arguments
Applicant’s arguments, see page 8, filed 03/12/2026, with respect to the rejection(s) of claim(s) 1-20 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Dyson (US 20090265877 A1) in view of Ford (US 20140041151 A1) and Conrad (US 20160174791 A1, hereinafter Conrad791).
Applicant argues, regarding the Ford reference that modifying a filter to divide a filter assembly into multiple filter portion that such a modification would not be made absent hindsight reasoning with the benefit of applicant’s disclosure, to which Examiner respectfully disagrees.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). In this case, Ford discloses a cleaner with a multitude of post motor filters, and it has been held that duplication of parts holds no patentable significance unless a new and unexpected result is produced, and Applicant has not indicated any criticality regarding the use of multiple post motor filters. As such Examiner does not find this argument persuasive.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 in item (e) discloses “… the first and second partially annular filter covers comprising the clean air outlet,” which is unclear and lacks antecedent basis in the claims, as this limitation seems to require that the first and second filter covers are partially annular, when they are claimed as “a first filter cover” and “a second filter cover” that cover “partially annular filters” as such this claim is indefinite. For the purposes of Examination this will be interpreted as “… the first and second filter covers comprising the clean air outlet”.
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 (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 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) 1-3, 5-9, 12 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1) in view of Ford (US 20140041151 A1) and Conrad (US 20160174791 A1, hereinafter Conrad791).
Regarding Claim 1, Dyson discloses A hand surface cleaning apparatus having a front end and a rear end a longitudinal axis extending between the front and the rear end and a perimeter (See External surfaces in Fig. 1, with longitudinal axis extending through cleaner from 16 through the rear of 24), the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet (16) to a clean air outlet (26);
(b) an air treatment member provided in the air flow path (Cyclone 18);
(c) a motor and fan assembly (36, See Para [0016] describing 36 as a motor and fan assembly) provided in the air flow path (See Fig. 2), the motor and fan assembly provided in a motor and fan assembly housing (24) having a housing air outlet (26); and,
(d) a first partially annular filter (44) which when provided in an installed position (44 in Fig. 2), overlies a first portion of the motor and fan (36) assembly housing,
(e) a first filter cover (26) overlying the first partially annular filter (44) when the first partially annular filter is in the installed position (See Fig. 2) and forming a first rear portion of an outside surface of the hand surface cleaning apparatus (See Fig. 1 and 2, vents 26 form a rear portion of the outside surface of the cleaner) and a second filter cover (see Fig. 3 showing 2 vents 26), the first and second partially annular filter covers comprising the clean air outlet (26),
wherein the air flow path exits the motor and fan assembly housing radially outwardly through the housing air outlet (See Fig. 1, air vents 26 are radially outward), and
Suggests but does not explicitly disclose wherein the first partially annular filter is disengaged from the installed position in a radially outward direction and are from the installed position to a location exterior to the perimeter of the hand surface cleaning apparatus in the absence of moving in the axial direction (See Fig. 1 of Dyson, Dyson has vents 26 with a lower lip below the vent that seems to be for hingedly allowing access to the filter, and removing the filter in such a way would result in removal in a radial outward direction without moving in the axial direction).
But does not explicitly disclose
and a second partially annular filter which, when provided in an installed position, overlies a second portion of the motor and fan assembly housing
and a second filter cover overlying the second partially annular filter when the second partially annular filter is in the second installed position and forming a second rear portion of the outside surface of the hand surface cleaning apparatus,
the first and second partially annular filter covers comprising the clean air outlet
wherein the first partially annular filter and the second partially annular filter are disengaged from the installed position in opposed radially outward directions and are removable in the radially outward directions from the installed position to a location exterior to the perimeter of the hand surface cleaning apparatus in the absence of moving in an axial direction.
And Ford discloses a cleaner with a plurality of partially annular post motor filters (15).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter of Dyson to be a plurality of post motor filters as splitting one partially annular post motor filter to be two partially annular filters would be a matter of duplication of parts which has been held to have no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Examiner notes that modifying Dyson in view of Ford would result in Dyson as modified disclosing
a second partially annular filter (Dyson 44) which, when provided in an installed position, overlies a second portion of the motor and fan assembly housing (See Fig. 1 of Dyson)
and a second filter cover (See both 26 in Fig. 3) overlying the second partially annular filter when the second partially annular filter is in the second installed position and forming a second rear portion of the outside surface of the hand surface cleaning apparatus (See Fig. 1 and 3 of Dyson).
And Conrad791 (US 20160174791 A1) discloses a cleaner with a post motor filter (152), provided in a clean air outlet (112) with a filter cover (grill 150) that is removably attached to the cleaner (See Fig. 19 and Para [0110]) such that the filter and filter cover is removed in a direction radial outward with respect to an axial direction of the motor (motor axis 182 in figure 13) and cyclone (cyclone axis 174) in the absence of moving in an axial direction.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the cleaner of Dyson as modified such that wherein the first partially annular filter and the second partially annular filter are disengaged from the installed position in opposed radially outward directions and are removable in the radially outward directions from the installed position to a location exterior to the perimeter of the hand surface cleaning apparatus in the absence of moving in an axial direction as doing so would allow for easy cleaning or inspection of the filter (Para [0111] of Conrad791) and having the filter cover and air outlet be radial to the axis would allow for the treated air to be directed away from the surface to be cleaned and the user (Para [0110] of Conrad791).
Regarding Claim 2, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first partially annular filter is a post-motor filter (44 of Dyson is a post motor filter).
Regarding Claim 3, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first partially annular filter is seated in the motor and fan assembly housing (see Fig 2 of Dyson showing the motor and fan assembly in the housing).
However, Conrad791 discloses a motor housing and the first partially annular filter (152 seated behind 112) is seated on the motor and fan assembly housing (See Para [0175] “The suction motor also includes an air outlet 270 that is provided in a motor housing sidewall 272 and is in air flow communication with the clean air outlet 112 via an internal air flow conduit.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the location of first partially annular filter to be seated on the motor and fan assembly housing instead of inside the motor and fan assembly housing as doing so would be a matter of rearrangement of parts (MPEP 2144.04 VI C), as doing so would be a matter of placing a wall/surface between the filter and the motor and fan assembly, as done in Conrad791, which would not affect the operation of the post motor filter, as the post motor of both Dyson and Conrad791 both perform the function of fine filtering of air exiting the cleaner.
Regarding Claim 5, Dyson discloses A hand surface cleaning apparatus having a front end (16) and a rear end (at 32 in Fig. 3), the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet (16) to a clean air outlet (26);
(b) an air treatment member (Cyclone 18) provided in the air flow path;
(c) a motor and fan assembly (36, See Para [0016] referring to motor 36 as motor and fan assembly) provided in the air flow path;
(d) a filter (44) comprising a first filter portion overlying at least a portion of the motor and fan assembly (see Fig. 2 showing 44 overlying 36)
(e) a filter cover (26) overlying the filter and forming an outside surface of the hand surface cleaning apparatus having the clean air outlet (see vents 26 in Fig. 1 and 3),
Wherein the first filter portion is shaped as a sector of an annulus such that the filter portion has an inner surface and an opposed outer surface that are continuously curved about a common axis (See Fig. 2 showing 44 curved around the motor 36 and motor axis)
wherein the air flow path extends in a first radially outward direction from the motor and fan assembly through the first filter portion from the inner surface to the outer surface of the first filter portion (See Figs 1-3, Airflow extends radially outward from motor 36 through filter 44) and
suggests but does not explicitly disclose
wherein the first filter portion is removable in the first radially outward direction (See Fig. 1 of Dyson, Dyson has vents 26 with a lower lip below the vent that seems to be for hingedly allowing access to the filter, and removing the filter in such a way would result in removal in a radial outward direction without moving in the axial direction).
But does not explicitly disclose a second filter portion, each of the first and second filter portions provided overlying at least a portion of the motor and fan assembly, and
wherein the first and second filter portions are each shaped as a sector of an annulus such that each filter portion has an inner surface and an opposed outer surface that are continuously curved about a common axis, and
the air flow path extends in a second radially outward direction from the motor and fan assembly through the second filter portion from the inner surface to the outer surface of the second filter portion, and
wherein the first filter portion is removable in the first radially outward direction, the second filter portion is removable in the second radially outward direction, and the second radially outward direction is different to the first radially outward direction.
And Ford discloses a cleaner with a plurality of partially annular post motor filters (15).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter of Dyson to be a plurality of post motor filters as splitting one partially annular post motor filter to be two partially annular filters would be a matter of duplication of parts which has been held to have no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Examiner notes that modifying Dyson in view of Ford would result in Dyson as modified disclosing
a second filter portion (44 of Dyson (split into 2 portions, each corresponding to an outlet vent 26)), each of the first and second filter portions (44) provided overlying at least a portion of the motor and fan assembly (See Fig. 2 of Dyson and Fig. 3 showing the air outlets), and
wherein the first and second filter portions are each shaped as a sector of an annulus such that each filter portion has an inner surface and an opposed outer surface that are continuously curved about a common axis (See Fig. 2 showing 44 curved around the motor 36 and motor axis), and
wherein the air flow path extends in a first radially outward direction from the motor and fan assembly through the first filter portion from the inner surface to the outer surface of the first filter portion and the air flow path extends in a second radially outward direction from the motor and fan assembly through the second filter portion from the inner surface to the outer surface of the second filter portion (Vents 26 are clean air outlets, air passes outward from the motor, through post motor filters 44, (Inner to outer surface) then outward through vents in a radial direction).
And Conrad791 (US 20160174791 A1) discloses a cleaner with a post motor filter (152), provided in a clean air outlet (112) with a filter cover (grill 150) that is removably attached to the cleaner (See Fig. 19 and Para [0110]) such that the filter and filter cover is removed in a direction radial outward with respect to an axial direction of the motor (motor axis 182 in figure 13) and cyclone (cyclone axis 174) in the absence of moving in an axial direction.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the cleaner of Dyson as modified such that wherein the first filter portion is removable in the first radially outward direction, the second filter portion is removable in the second radially outward direction, and the second radially outward direction is different to the first radially outward direction as doing so would allow for easy cleaning or inspection of the filter (Para [0111] of Conrad791) and having the filter cover and air outlet be radial to the axis would allow for the treated air to be directed away from the surface to be cleaned and the user (Para [0110] of Conrad791).
Regarding Claim 6, Dyson as modified discloses all the limitations of claim 5 and in addition discloses wherein each of the first filter portion and the second filter portion are separately removable (As modified in claim 1 Dyson 26 are each removably attached to allow removable access to filter 44).
Regarding Claim 7, Dyson as modified discloses all the limitations of claim 5 and in addition discloses wherein the first radially outward direction is generally opposite to the second direction (See Fig. 1 and 3 of Dyson showing vents 26 arranged on generally opposite sides of the cleaner).
Regarding Claim 8, Dyson as modified discloses all the limitations of claim 5 and in addition discloses and in addition discloses and in addition discloses wherein the first partially annular filter is seated in a motor and fan assembly housing (24).
However, Conrad791 discloses a motor housing and the first partially annular filter (152 seated behind 112) is seated on the motor and fan assembly housing (See Para [0175] “The suction motor also includes an air outlet 270 that is provided in a motor housing sidewall 272 and is in air flow communication with the clean air outlet 112 via an internal air flow conduit.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the location of first partially annular filter to be seated on the motor and fan assembly housing instead of inside the motor and fan assembly housing as doing so would be a matter of rearrangement of parts (MPEP 2144.04 VI C), as doing so would be a matter of placing a wall/surface between the filter and the motor and fan assembly, as done in Conrad791, which would not affect the operation of the post motor filter, as the post motor of both Dyson and Conrad791 both perform the function of fine filtering of air exiting the cleaner.
Regarding Claim 9, Dyson as modified discloses all the limitations of claim 5 and in addition discloses wherein each of the first filter portion and the second filter portion are separately removable (As modified in claim 1 Dyson 26 are each removably attached to allow removable access to filter 44).
Regarding Claim 12, Dyson as modified discloses all the limitations of claim 1 and in addition discloses further comprising a main body (12), the main body has a cavity (interior of 24) provided at the rear end (See Figure 1 and 2), and the motor and fan assembly is positioned in the cavity (See Figure 1 and 2).
Regarding Claim 16, Dyson as modified discloses all the limitation of claim 12 and in addition discloses and in addition discloses wherein the first partially annular filter is seated in the motor and fan assembly housing (see Fig 2 of Dyson showing the motor and fan assembly in the housing).
However, Conrad791 discloses a motor housing and the first partially annular filter (152 seated behind 112) is seated on the motor and fan assembly housing (See Para [0175] “The suction motor also includes an air outlet 270 that is provided in a motor housing sidewall 272 and is in air flow communication with the clean air outlet 112 via an internal air flow conduit.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the location of first partially annular filter to be seated on the motor and fan assembly housing instead of inside the motor and fan assembly housing as doing so would be a matter of rearrangement of parts (MPEP 2144.04 VI C), as doing so would be a matter of placing a wall/surface between the filter and the motor and fan assembly, as done in Conrad791, which would not affect the operation of the post motor filter, as the post motor of both Dyson and Conrad791 both perform the function of fine filtering of air exiting the cleaner.
Regarding Claim 17, Dyson as modified discloses all the limitations of claim 1 and in addition discloses Wherein the first partially annular filter and the second partially annular filter are separately removable (Dyson as modified discloses 2 separate vents 26 with 2 separate filters 44 on either side of the longitudinal axis of the cleaner, and would be removable separately).
Regarding Claim 18, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first partially annular filter is removable when the first filter cover is removed and the second partially annular filter is removable when the second filter cover is removed (Dyson as modified discloses 2 separate vents 26 with 2 separate filters 44 on either side of the longitudinal axis of the cleaner, and would be removable separately).
Claim(s) 4 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1) in view of Conrad (US 20160174791 A1, hereinafter Conrad791).
Regarding Claim 4, Dyson discloses A hand surface cleaning apparatus having a front end (16) and a rear end (at 32, see fig 3), the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet (16) at the front end to a clean air outlet (26) rearward of the dirty air inlet (See Fig. 1 and 3);
(b) an air treatment member (Cyclone chamber 18) provided in the air flow path;
(c) a motor and fan assembly (36, see Para [0016] describing the air mover as a motor and fan assembly) provided in the air flow path; and,
(d) a filter (44) provided overlying at least a portion of the motor and fan assembly (See Fig. 1-3 showing 44 overlying a portion of 36),
wherein the filter has at least one filter portion (44),
wherein each filter portion (44) is shaped as a sector of an annulus (See Fig. 1-3, showing filter 44 being a sector of an annulus overlying the motor 36) such that each filter portion has an inner surface and an opposed outer surface that are continuously curved about a common axis (44 inner surface facing motor 36, outer surface facing vent 26, are continuously curved about motor 36 axis).
But does not explicitly disclose each filter portion is removable from the hand surface cleaning apparatus solely radially outwardly from a forward- backward axis extending between the front end and the rear end.
And Conrad791 (US 20160174791 A1) discloses a cleaner with a post motor filter (152), provided in a clean air outlet (112) with a filter cover (grill 150) that is removably attached to the cleaner (See Fig. 19 and Para [0110]) such that the filter and filter cover is removed in a direction radial outward with respect to an axial direction of the motor (motor axis 182 in figure 13) and cyclone (cyclone axis 174) in the absence of moving in an axial direction.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the cleaner of Dyson as modified such that wherein the first partially annular filter and the second partially annular filter are disengaged from the installed position in opposed radially outward directions and are removable in the radially outward directions from the installed position to a location exterior to the perimeter of the hand surface cleaning apparatus in the absence of moving in an axial direction as doing so would allow for easy cleaning or inspection of the filter (Para [0111] of Conrad791) and having the filter cover and air outlet be radial to the axis would allow for the treated air to be directed away from the surface to be cleaned and the user (Para [0110] of Conrad791).
Regarding Claim 19, Dyson as modified discloses all the limitations of claim 4 and in addition discloses wherein the first partially annular filter is seated in the motor and fan assembly housing (see Fig 2 of Dyson showing the motor and fan assembly in the housing).
However, Conrad791 discloses a motor housing and the first partially annular filter (152 seated behind 112) is seated on the motor and fan assembly housing (See Para [0175] “The suction motor also includes an air outlet 270 that is provided in a motor housing sidewall 272 and is in air flow communication with the clean air outlet 112 via an internal air flow conduit.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the location of first partially annular filter to be seated on the motor and fan assembly housing instead of inside the motor and fan assembly housing as doing so would be a matter of rearrangement of parts (MPEP 2144.04 VI C), as doing so would be a matter of placing a wall/surface between the filter and the motor and fan assembly, as done in Conrad791, which would not affect the operation of the post motor filter, as the post motor of both Dyson and Conrad791 both perform the function of fine filtering of air exiting the cleaner.
Claim(s) 10-11, 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1) in view of Ford (US 20140041151 A1) and Conrad (US 20160174791 A1) as modified in claim 1 and in further view of Brown (US 20170196429 A1).
Regarding Claim 10, Dyson as modified discloses all the limitations of claim 1 and in addition discloses a main body (12), the main body has a cavity (interior of 24) provided at the rear end (See Figures 1 and 2), the motor and fan assembly is positioned in the cavity (See Figure 2) but does not explicitly disclose a user interface is provided on the rear end. However, Brown teaches a cleaner with a display screen (364) located on a rear end (See Para [0524] “The handle also includes the display screen 364 as described herein. This embodiment includes electrical connectors 334 and 336 to electrically connect the batteries 174 to the main body 106 (i.e., to the suction motor), and can also include data/signal type connections (integrated with the connectors 334 and 336), if needed, to receive status information from the main body that can be shown on the display screen 364. This signal connector can allow control signals to be travel between electronics in the handle 110 and electronics in other portions of the hand vacuum (if any) or another device to which the handle can be attached. Optionally, the signal connector can also be connectable to the other types of devices that the handle can be connected to, and the content of the display screen 364 can be matched to the particular device being used. For example, when connected to the hand vacuum 100, the screen 364 may show battery power levels, suction motor operating mode, surface cleaning head mode and the like. However, when connected to a drill, for example, the display screen 364 may show battery power levels, drill speed, drill operating mode and the like. If connected to a steam mop, the display screen 364 may show water level, reservoir temperature and the like.”). It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to include user interface on the rear end of the cleaner of Dyson as modified as doing so would provide information regarding the cleaner to the user such as rotation speed and battery life during operation.
Regarding Claim 11, Dyson as modified discloses all the limitations of claim 10 and in addition discloses wherein the rear end comprises a rear wall (See rear wall in Fig. 2 and 3 on the rear portion of the motor and fan assembly 36), and a user interface (Brown 364) but does not explicitly disclose the user interface is provided on the rear wall.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to rearrange the location of the user interface to be provided on the rear wall as doing so would put it in clear view of the user during operation of the cleaner, making the information more present and available, and moving the user interface would be a design decision that would be obvious to one of ordinary skill in the art. See MPEP 2144.04 VI C.
Regarding Claim 13, Dyson as modified discloses all the limitations of claim 12 but does not explicitly disclose wherein a user interface is provided on the rear end.
However, Brown (US 29170196429 A1) teaches a cleaner with a display screen (364) located on a rear end (See Para [0524] “The handle also includes the display screen 364 as described herein. This embodiment includes electrical connectors 334 and 336 to electrically connect the batteries 174 to the main body 106 (i.e., to the suction motor), and can also include data/signal type connections (integrated with the connectors 334 and 336), if needed, to receive status information from the main body that can be shown on the display screen 364. This signal connector can allow control signals to be travel between electronics in the handle 110 and electronics in other portions of the hand vacuum (if any) or another device to which the handle can be attached. Optionally, the signal connector can also be connectable to the other types of devices that the handle can be connected to, and the content of the display screen 364 can be matched to the particular device being used. For example, when connected to the hand vacuum 100, the screen 364 may show battery power levels, suction motor operating mode, surface cleaning head mode and the like. However, when connected to a drill, for example, the display screen 364 may show battery power levels, drill speed, drill operating mode and the like. If connected to a steam mop, the display screen 364 may show water level, reservoir temperature and the like.”). It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to include user interface on the rear end of the cleaner of Dyson as modified as doing so would provide information regarding the cleaner to the user such as rotation speed and battery life during operation.
Regarding Claim 14, Dyson as modified discloses all the limitations of claim 13 and in addition discloses wherein the rear end comprises a rear wall (Back wall of 24, seen in Fig. 2 and 3), and a user interface (Brown 364) but does not explicitly disclose the user interface is provided on the rear wall.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to rearrange the location of the user interface to be provided on the rear wall as doing so would put it in clear view of the user during operation of the cleaner, making the information more present and available, and moving the user interface would be a design decision that would be obvious to one of ordinary skill in the art. See MPEP 2144.04 VI C.
Regarding Claim 15, Dyson as modified discloses all the limitations of claim 13 but does not explicitly disclose wherein the user interface is provided on a rear wall of the cavity. However it would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the location of the user interface of Dyson as modified to be located on a rear wall of the cavity as doing so would be a matter of design choice that would be obvious to one of ordinary skill in the art in order to position the display in a place where it is optimal for a user to view it. See MPEP 2144.04 VI C.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1) in view of Conrad791 (US 20160174791 A1) as modified in claim 4 and in further view of Ford (US 20140041151 A1)
Regarding Claim 20, Dyson as modified discloses all the limitations of claim 4 but does not explicitly disclose wherein the filter comprises a first portion that is removeable in a first radially outward direction from the forward-backward axis and a second portion that is removeable in a second radially outward direction from the forward-backward axis that is different to the first radially outward direction, and wherein air flows through the first portion in the first radially outward direction and air flows through the second portion in the second radially outward direction.
And Ford discloses a cleaner with a plurality of partially annular post motor filters (15).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter of Dyson to be a plurality of post motor filters as splitting one partially annular post motor filter to be two partially annular filters would be a matter of duplication of parts which has been held to have no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Examiner notes that Dyson as modified by Conrad 791 and Ford discloses wherein the filter (44 of Dyson) comprises a first portion (44 of Dyson consists of 2 portions corresponding to each vent 26) that is removeable in a first radially outward direction from the forward-backward axis (removable in the radial direction via vent 26) and a second portion that is removeable in a second radially outward direction from the forward-backward axis that is different to the first radially outward direction (Dyson as modified discloses a plurality of filter portions each corresponding to vent 46 and are removable in the corresponding radially outward directions, which are in opposite direction, see Figs 1 and 3), and wherein air flows through the first portion in the first radially outward direction (vent 26 is an air outlet and the air is directed radially outward) and air flows through the second portion in the second radially outward direction (vent 26 is an air outlet and the air is directed radially outward).
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 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.
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, David Posigian can be reached at (313) 446-6546. 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.
/T.J.M./ Examiner, Art Unit 3723
/DAVID S POSIGIAN/ Supervisory Patent Examiner, Art Unit 3723
Prosecution Insights