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
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/23/2026 has been entered.
Response to Amendment
2. Amendments filed 1/23/2026 have been entered, wherein claims 1-3, 5, 10-12, 14, 20, 22-23 and 25-33 are pending. Accordingly, claims 1-3, 5, 10-12, 14, 20, 22-23 and 25-33 have been examined herein. The previous claim objections and 35 USC 112(b) rejections have been withdrawn due to Applicant’s amendments.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 1/23/2026 was filed prior to the mailing date of this action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
4. 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 12, 14, 23, 25 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muller et al. (DE 102015100057), hereinafter Muller.
Regarding claim 12, Muller teaches a combined apparatus (figs. 2-3) comprising a docking unit (fig. 2-3, base station 6) for emptying a dirt collection region of a surface cleaning apparatus (fig. 3) and the surface cleaning apparatus (vacuum cleaner 1), the surface cleaning apparatus having an air treatment chamber (fig. 2, chamber indicated by element 5), a motor and fan assembly (fig. 2, blower assembly 4), the docking unit comprising:
a) a docking unit inlet port (see annotated fig. 2 below) connectable in flow communication with the dirt collection region of the surface cleaning apparatus (fig. 3);
b) a docking unit outlet port (see annotated fig. 2 below) connectable in flow communication with the motor and fan assembly of the surface cleaning apparatus (fig. 3);
c) an up flow duct (see annotated fig. 2 below) extending from a floor standing base to the docking unit outlet port (fig. 2); and,
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d) a docking unit air flow path extending from the docking unit inlet port to the docking unit outlet port (fig. 3), wherein a docking unit dirt collection chamber is provided in the docking unit air flow path (fig. 3, chamber indicated by element 7);
wherein the surface cleaning apparatus has a single valve (fig. 2, valve 15) operable between a first position (shown in fig. 2) in which an air flow passage from the air treatment chamber to the motor and fan assembly is open (fig. 2) whereby the motor and fan assembly is in air flow communication with the air treatment chamber and the surface cleaning apparatus is operable to clean a surface (fig. 2) and a second position (fig. 3) in which the motor and fan assembly is in air flow communication with the docking unit outlet port (fig. 3 via channel 8) whereby the combined apparatus is operable in a dirt emptying mode of operation (fig. 3),
wherein, in operation when the surface cleaning apparatus is docked at the docking unit (fig. 3), the motor and fan assembly draws ambient air into the surface cleaning apparatus (fig. 3, due to position of valve 15), and then through the docking unit air flow path (fig. 3), and
wherein the docking unit inlet port is positioned above the docking unit dirt collection chamber (fig. 2).
Regarding claim 14, Muller teaches the claimed invention as rejected above in claim 12. Additionally, Muller teaches further comprising a base unit (fig. 2, base station 6), wherein the base unit is useable as a garbage can (the base station is capable of being used as a garbage can).
Regarding claim 23, Muller teaches the claimed invention as rejected above in claim 12. Additionally, Muller teaches wherein the single valve is a sliding valve (fig. 2-3 of Muller, valve 15 is interpreted as a sliding valve due to the valve sliding between positions).
Regarding claim 25, Muller teaches the claimed invention as rejected above in claim 12. Additionally, Muller teaches wherein the surface cleaning apparatus includes an evacuation air flow path (fig. 2-3 of Muller, via channel 8) from an evacuation air inlet port (11 of Muller) to the motor and fan assembly (blower assembly 4) and, when the single valve is in the first position (fig. 2 of Muller), the evacuation air inlet port is closed (in fig. 2, the air flow path of channel 8 is closed because no air flows along the path) and the motor and fan assembly is in flow communication with the air treatment chamber of the surface cleaning apparatus (fig. 2 of Muller) and, when the single valve is in the second position (fig. 3 of Muller), the evacuation air inlet port is open (channel 8 of Muller) and the motor and fan assembly is isolated from the air treatment chamber of the surface cleaning apparatus (fig. 3 of Muller).
Regarding claim 33, Muller teaches a combined apparatus (figs. 2-3) comprising a docking unit (fig. 2-3, base station 6) for emptying a dirt collection region of a surface cleaning apparatus (fig. 3) and the surface cleaning apparatus (vacuum cleaner 1), the surface cleaning apparatus having an air treatment chamber (fig. 2, chamber indicated by element 5) and a motor and fan assembly (fig. 2, blower assembly 4), the docking unit comprising:
a) a floor standing base unit (fig. 2, base station 6) comprising a docking unit dirt collection region (chamber indicated by element 7);
b) a docking unit inlet port (see annotated fig. 2 below) connectable in flow communication with the dirt collection region of the surface cleaning apparatus (fig. 3);
c) a docking unit outlet port (see annotated fig. 2 below) connectable in flow communication with the motor and fan assembly of the surface cleaning apparatus (fig. 3);
d) an up flow duct (see annotated fig. 2 below) external to the floor standing base unit (the interpreted up flow duct is external to the floor standing base unit in fig. 2) and extending from the floor standing base unit to the docking unit outlet port (fig. 2); and,
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e) a docking unit air flow path extending from the docking unit inlet port to the docking unit outlet port (fig. 3), wherein the docking unit dirt collection region is provided in the docking unit air flow path (fig. 3);
wherein, in a first mode of operation, surface cleaning apparatus is operable to clean a surface (fig. 2), and
wherein, in a second mode of operation (fig. 3) when the surface cleaning apparatus is docked at the docking unit (fig. 3), the combined apparatus is operable in a dirt emptying mode of operation (fig. 3) whereby the motor and fan assembly draws ambient air into the surface cleaning apparatus (fig. 3, due to position of valve 15), and then through the docking unit air flow path (fig. 3) and subsequently to a clean air outlet (fig. 1, blower air outlet 22), and
wherein the up flow duct extends upwardly above the docking unit dirt collection region (fig. 2), and
wherein a horizontal plane extends through the dirt collection region of the surface cleaning apparatus and the up flow duct at a location above the docking unit dirt collection region (fig. 3 of Muller, a horizontal plane extends through the bottom of the dirt collection region (near where it connects to the docking unit) of the surface cleaning apparatus and the up flow duct at a location above the docking unit dirt collection region (fig. 3 of Muller)).
Claim Rejections - 35 USC § 103
5. 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 1-3, 5, 10-11, 20, 22 and 26 and 28-32 are rejected under 35 U.S.C. 103 as being unpatentable over Muller et al. (DE 102015100057), hereinafter Muller, in view of Conrad (US PGPUB 20210330147).
Regarding claim 1, Muller teaches a combined apparatus (figs. 2-3) comprising a docking unit (fig. 2-3, base station 6) for emptying a dirt collection region of a surface cleaning apparatus (fig. 3) and the surface cleaning apparatus (vacuum cleaner 1), the surface cleaning apparatus having an air treatment chamber (fig. 2, chamber indicated by element 5), and a motor and fan assembly (fig. 2, blower assembly 4), the docking unit comprising:
a) a floor standing base unit (fig. 2, base station 6) comprising a docking unit dirt collection chamber (chamber indicated by element 7);
b) a docking unit inlet port (see annotated fig. 2 below) connectable in flow communication with the dirt collection region of the surface cleaning apparatus (fig. 3);
c) a docking unit outlet port (see annotated fig. 2 below) connectable in flow communication with the motor and fan assembly of the surface cleaning apparatus (fig. 3);
d) an up flow duct (see annotated fig. 2 below) external to the floor standing base unit (the interpreted up flow duct is external to the floor standing base unit in fig. 2) and extending from the floor standing base unit to the docking unit outlet port (fig. 2); and,
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e) a docking unit air flow path extending from the docking unit inlet port to the docking unit outlet port (fig. 3), wherein the docking unit dirt collection chamber is provided in the docking unit air flow path (fig. 3);
wherein the surface cleaning apparatus has a single valve (fig. 2, valve 15) operable between a first position (shown in fig. 2) in which an air flow passage from the air treatment chamber to the motor and fan assembly is open (fig. 2) whereby the motor and fan assembly is in air flow communication with the air treatment chamber and the surface cleaning apparatus is operable to clean a surface (fig. 2) and a second position (fig. 3) in which the motor and fan assembly is in air flow communication with the docking unit outlet port (fig. 3 via channel 8) whereby the combined apparatus is operable in a dirt emptying mode of operation (fig. 3),
wherein, in operation when the surface cleaning apparatus is docked at the docking unit (fig. 3), the combined apparatus is operable in the dirt emptying mode of operation (fig. 3) whereby the motor and fan assembly draws ambient air into the surface cleaning apparatus (fig. 3, due to position of valve 15), and then through the docking unit air flow path (fig. 3) and subsequently through the blower assembly of the surface cleaning apparatus (fig. 3) to a clean air outlet of the surface cleaning apparatus (fig. 1, blower air outlet 22).
Muller does not explicitly teach the surface cleaning apparatus having a pre-motor filter.
However, Conrad teaches a surface cleaning apparatus which includes a suction motor 164 (fig. 6) and a premotor filter assembly 162 (fig. 6). Overall, Conrad teaches a surface cleaning apparatus having a premotor filter 162 and a motor assembly 164 for creating airflow [0070].
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Muller to incorporate the teachings of Conrad to provide the surface cleaning apparatus having a pre-motor filter. Specifically, it would have been obvious to incorporate a premotor filter into the surface cleaner of Muller located immediately before the blower assembly. Doing so would prevent damage to the blower assembly, promote longevity of the blower assembly, and further filter the air which promotes cleanliness.
Regarding claim 2, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein the floor standing base unit has an upper surface and the up flow duct extends above the upper surface (fig. 2-3 of Muller, the up flow duct extends above the upper surface).
Regarding claim 3, Muller, as modified, teaches the claimed invention as rejected above in claim 2. Additionally, Muller, as modified, teaches wherein the upper surface is openable (fig. 2-3 of Muller, via structure 24).
Regarding claim 26, Muller, as modified, teaches the claimed invention as rejected above in claim 3. Additionally, Muller, as modified, teaches wherein the upper surface is closed when the surface cleaning apparatus is docked at the docking unit (fig. 3 of Muller).
Regarding claim 10, Muller, as modified, teaches the claimed invention as rejected above in claim 2. Additionally, Muller, as modified, teaches wherein the upper surface is exposed when the surface cleaning apparatus is docked at the docking unit (fig. 3 of Muller, part of the upper surface is exposed when the surface cleaning apparatus is docked at the docking unit).
Regarding claim 11, Muller, as modified, teaches the claimed invention as rejected above in claim 2. Additionally, Muller, as modified, teaches wherein the up flow duct is located at a periphery of the upper surface (fig. 2-3 of Muller, the up flow duct is located at a periphery of the upper surface).
Regarding claim 5, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein the floor standing base unit has an upper surface and the upper surface is openable (fig. 2-3 of Muller, via structure of 24) whereby a user can deposit trash in the floor standing base unit when the upper surface is opened (the device of Muller, as modified, is capable of receiving trash when the upper surface is opened).
Regarding claim 20, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein the single valve is a sliding valve (fig. 2-3 of Muller, valve 15 is interpreted as a sliding valve due to the valve sliding between the first and second position).
Regarding claim 22, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein the surface cleaning apparatus includes an evacuation air flow path (fig. 2-3 of Muller, via channel 8) from an evacuation air inlet port (11 of Muller) to the pre-motor filter (fig. 2-3 of Muller, see above rejection of claim 1 for more details) and, when the single valve is in the first position (fig. 2 of Muller), the evacuation air flow path is closed (in fig. 2, the air flow path of channel 8 is closed because no air flows along the path) and the motor and fan assembly is in flow communication with the air treatment chamber of the surface cleaning apparatus (fig. 2 of Muller) and, when the single valve is in the second position (fig. 3 of Muller), the evacuation air flow path is open (channel 8 of Muller) and the motor and fan assembly is isolated from the air treatment chamber of the surface cleaning apparatus (fig. 3 of Muller).
Regarding claim 28, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein the up flow duct extends upwardly above the docking unit dirt collection chamber (fig. 2-3 of Muller).
Regarding claim 29, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein a horizontal plane extends through the dirt collection region of the surface cleaning apparatus and the up flow duct at a location above the docking unit dirt collection chamber (fig. 3 of Muller, a horizontal plane extends through the bottom of the dirt collection region (near where it connects to the docking unit) of the surface cleaning apparatus and the up flow duct at a location above the docking unit dirt collection chamber (fig. 3 of Muller)).
Regarding claim 30, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein a horizontal plane extends through the dirt collection region of the surface cleaning apparatus and the up flow duct at a location above the floor standing base unit (fig. 3 of Muller, a horizontal plane extends through the bottom of the dirt collection region (near where it connects to the docking unit) of the surface cleaning apparatus and the up flow duct at a location above the floor standing base unit (fig. 3 of Muller)).
Regarding claim 31, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein the docking unit outlet port is positioned below an upper end of the surface cleaning apparatus (fig. 3 of Muller).
Regarding claim 32, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Additionally, Muller, as modified, teaches wherein the docking unit outlet port is positioned below a lower end of the motor and fan assembly of the surface cleaning apparatus (fig. 3 of Muller).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Muller et al. (DE 102015100057), hereinafter Muller, in view of Conrad (US PGPUB 20210330147), as applied to claim 1 above, and further in view of Wolff et al. (US Patent 10842334), hereinafter Wolff.
Regarding claim 27, Muller, as modified, teaches the claimed invention as rejected above in claim 1. Muller, as modified, does not explicitly teach wherein the up flow duct comprises a tubular member.
However, Wolff teaches an evacuation station wherein a conduit 308 is a hollow tube-like structure (fig. 6, col. 10, lines 1-3). Overall, Wolff teaches wherein a conduit can be tubular.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have further modified Muller, as modified, to incorporate the teachings of Wolff to provide wherein the up flow duct comprises a tubular member. Specifically, it would have been obvious to incorporate wherein the up flow duct of Muller, as modified, is a tubular member. Doing so would allow the structure to couple the airflow between the base unit and the cleaner as intended by Muller (as shown in fig. 3 of Muller). Additionally, doing so would prevent a leak in the air flow which prevents dirt from re entering the atmosphere.
Response to Arguments
6. Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive.
Applicant argues the independent claims, and associated dependent claims, are patentable over the cited art. The examiner respectfully disagrees. The independent claims have been rejected over newly cited prior art including Muller et al. (DE 102015100057), hereinafter Muller. The dependent claims have been rejected accordingly. See above rejections for more details.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A GUMP whose telephone number is (571)272-2172. The examiner can normally be reached Monday- Friday 9:00-5:30.
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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.
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/MICHAEL A GUMP/ Examiner, Art Unit 3723