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 .
This Office action is in response to amendments filed on 02/17/2026. Claims 1-14 and 16-20 are pending. Claims 1, 3-5, 9-14, 16-18, and 21 are rejected; claims 2, 6-8, and 19-20 are withdrawn.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 13-14 and 16-18 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conrad (US 2019/0282048).
The embodiment of figs. 9A-9C is utilized in the following rejection; however, specific reference numbers and features may be shown in earlier figures. Please refer to those figures for details.
Regarding claim 13, Conrad discloses a hand vacuum cleaner (item 100; figs. 9A-9C) having a front end (designated in first annotated fig. 9B below) and a rear end (designated in first annotated fig. 9B below) and a longitudinal axis extending between the front end and the rear end (designated in first annotated fig. 9B below) the hand vacuum cleaner comprising:
(a) an air flow path (item 124; pp. [0204]; defined by arrowed pathway in view of fig. 2, i.e. passes through inlet, air treatment member, pre-motor filter, suction motor, and exhaust) extending from a dirty air inlet (item 108; pp. [0204]; fig. 2) to a clean air outlet (item 120; pp. [0204]; figs. 2 and 9);
(b) a plurality of operating components (includes items 144, 160, 216; figs. 2 and 9B) comprising at least one air treatment component (item 216; pp. [0207]; fig. 2) and a suction motor (item 144; pp. [0206]; fig. 2), that are provided in the air flow path (pp. [0206-0207]; fig. 2), the air treatment component comprising an air treatment chamber (item 152; pp. [0207]; figs. 2 and 9B);
(c) a body portion (item 112; pp. [0204]; figs. 2 and 9B), which houses the suction motor (item 144; figs. 2 and 9C) that is provided in the air flow path (pp. [0206]; fig. 2); and,
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(d) a pistol grip handle (item 104; pp. [0234]; figs. 2 and 9);
Annotated Fig. 9B.
wherein the hand vacuum cleaner has a forward portion (designated in first annotated fig. 9B, i.e. defined as portion forward of hinge 540) and a rearward portion (designated in first annotated fig. 9B, i.e. defined as portion rearward of hinge 540), the forward portion comprises at least one operating component (forward portion includes air treatment component 152; fig. 9B) and the rearward portion comprises at least one other operating component (rearward portion includes other operating components including suction motor 144 and pre motor filter 160; fig. 9B) and the rearward portion is rotationally mounted to the forward portion (both portions are rotationally mounted to each other via item 540; therefore, when item 544 is unlatched and user is grasping forward portion, the rearward portion is rotationally mounted to forward portion, i.e. rearward portion rotates relative to forward portion via hinge 540; figs. 9A-9C) between a closed position (defined as position in view of fig. 9B) and an open position (not explicitly shown; pp. [0270-0274]; defined as position when item 544 is operated to unlatch from body portion 112 and rearward portion is rotatable, i.e. hinged, about item 540) in which a rear end (item 292; fig. 9C) of the air treatment chamber is opened (when rearward portion is rotated about hinge 540 relative to forward portion, rear end 292 is opened in order for user to access air treatment component and empty; pp. [0270-0274]; fig.. 9C), and
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wherein, when the longitudinal axis is horizontal (defined as position in view of fig. 9B), an upper end of the pistol grip handle is positioned below the body portion (designated in second annotated fig. 9B below) and an axis (designated in second annotated fig. 9B below) that is parallel with the longitudinal axis intersects the at least one air treatment component and the pistol grip handle (second annotated fig. 9B below).
Second Annotated Fig. 9B.
Regarding claim 14, Conrad discloses the hand vacuum cleaner as claimed in claim 13, wherein the forward portion comprises the air treatment chamber (forward portion includes air treatment chamber 152; fig. 9B) and the rearward portion comprises the suction motor (rearward portion includes suction motor 144; fig. 9B).
Regarding claim 16, Conrad discloses the hand vacuum cleaner as claimed in claim 14, wherein the rearward portion further comprises at least one energy storage member (item 176; pp. [0212]; figs. 2 and 9B).
Regarding claim 17, Conrad discloses the hand vacuum cleaner as claimed in claim 16, wherein the rearward portion further comprises the pistol grip handle (rearward portion includes pistol grip handle 104; figs. 2 and 9B) and the at least one energy storage member is provided at a lower end of the pistol grip handle (designated in second annotated fig. 9B above; at least one energy storage member 176 is disposed within lower end).
Regarding claim 18, Conrad discloses the hand vacuum cleaner as claimed in claim 17, wherein the suction motor is provided at the upper end of the pistol grip handle (designated in second annotated fig. 9B above; suction motor 144 mounts to the upper end of the handle 104).
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 1, 3-5, and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 2018/0177354) in view of Brown (US 2017/0196429).
The embodiment of figs. 9-15 is utilized in the following rejection as the primary reference. Specific reference numbers and/or descriptions may be disclosed in earlier and/or later embodiments. Please refer to those figures or sections for details.
Regarding claim 1, Conrad (US 2018/0177354) discloses a hand vacuum cleaner (item 100; figs. 9-15) having a front end (item 116; pp. [0213]; fig. 9) and a rear end (item 120; pp. [0213]; fig. 9) and a longitudinal axis (item 115; fig. 12) extending between the front end and the rear end, the hand vacuum cleaner comprising:
(a) an air flow path (defined by arrowed pathway passing through inlet, air treatment member, pre-motor filter, suction motor, and exhaust in fig. 12) extending from a dirty air inlet (item 280; pp. [0229-0230]; fig. 12) to a clean air outlet (item 112; pp. [0220]; fig. 12);
(b) an air treatment assembly (item 108; fig. 9) provided in the air flow path (fig. 12) , the air treatment assembly comprising an air treatment chamber (item 130; pp. [0217]; figs. 12-13) having an air inlet (item 174; pp. [0228]; fig. 13) and an air outlet (pp. [0231]; figs. 14-15);
(c) a body portion (item 126; fig. 9), which houses a suction motor (item 114; figs. 11-12) that is provided in the air flow path (pp. [0213]; fig. 12);
(d) a handle (designated in annotated fig. 11 below) with a hand grip portion (item 160; pp. [0223]; figs. 10 and 12);
(e) a pre-motor filter (item 142; pp. [0219]; figs. 11-12),
(f) at least one energy storage member (item 158; pp. [0223]; figs. 5 and 11);
wherein the hand vacuum cleaner has a forward portion (defined as portion forward to hinge 260, i.e. includes items 152, 168, 172, 254; figs. 111 and 13) and a rearward portion (defined as portion rearward to hinge 260, i.e. includes items 132, 144, 176, 256, 270; figs. 11-13), the forward portion comprises at least the air treatment chamber (air treatment chamber 130 is within forward portion; figs. 11-13) and the rearward portion comprises the suction motor, the handle, and the pre-motor filter (rearward portion includes suction motor 144, the handle, and pre motor filter 142; figs. 11-13), and
wherein the rearward portion is rotationally mounted to the forward portion (both portions are rotationally mounted to each other via item 260; fig. 13; therefore, when user grasps forward portion, rearward portion moves about hinge 260 to rotate away from forward portion in order for dirt to be emptied; fig. 13) at an upper end of the forward portion (upper end of forward portion designated in annotated fig. 11 below; rearward portion is rotationally mounted at upper end of forward portion via hinge 260), and
wherein, when the longitudinal axis is horizontal (defined as position in view of figs. 11-12), an upper end of the handle (designated in annotated fig. 11 below) is mounted to a lower surface of the body portion (designated in annotated fig. 11 below).
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Annotated Fig. 11.
Conrad ‘354 does not explicitly disclose a post motor filter within the rearward portion of the hand vacuum cleaner. However, the earlier embodiment (figs. 1-8) of Conrad ‘354 teaches a post motor filter (item 150; fig. 5) positioned in the air flow path rearward of the suction motor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in the embodiment of figs. 9-15 in Conrad (’354), to include a post motor filter within the rearward portion, i.e. rearward of the suction motor which is positioned in the rearward portion, as taught in the embodiment of figs. 1-8 of Conrad (‘354), in order to filter air exiting the suction motor prior to exiting through the clean air outlet (Conrad ‘354, pp. [0218-0220]).
Lastly, though Conrad discloses the at least one energy storage member disposed in the handle (fig. 11), Conrad does not explicitly disclose wherein when the longitudinal axis is horizontal, an upper end of the handle overlies the at least one energy storage member. Conrad does disclose the hand vacuum cleaner may include one or more batteries (pp. [0212]).
Therefore, Brown (US 2017/0196429) teaches a hand vacuum cleaner comprising an air treatment assembly (item 106; fig. 5), a body portion housing a suction motor (item 124; fig. 5), a handle (item 110; fig. 5) with a hand grip portion (item 310), at least one energy storage member (defined as batteries 174 in lower end of handle, hand grip of handle, and upper end of handle), wherein the hand grip portion overlies the at least one energy storage member (in position of fig. 5, the hand grip portion 310 overlies at a portion of the energy storage member, i.e. lower battery 174 within lower end of handle).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle, as disclosed in Conrad ‘354, to include a plurality of energy storage members so the hand grip portion overlies a portion of the at least one energy storage member, as taught in Brown ‘429, in order to help reduce forward/backward moment forces experienced by a user holding the hand grip portion and therefore, reduce the user’s discomfort and fatigue of holding the hand vacuum cleaner for periods of time (pp. [0503-0504] in Brown ‘429).
Regarding claim 3, Conrad as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion comprises the suction motor (rearward portion includes suction motor 114; figs. 11-13).
Regarding claim 4, Conrad as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion comprises the suction motor and the pre-motor filter (rearward portion includes suction motor 114 and pre motor filter 142; figs. 11-13).
Regarding claim 5, Conrad as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion comprises the suction motor, the pre motor filter, and the post-motor filter (rearward portion includes suction motor 114, pre motor filter 142 , and post motor filter 150, which is rearward of suction motor, as modified from figs. 1-8 embodiment in Conrad ‘354 above).
Regarding claim 9, Conrad as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion comprises the suction motor and the handle (rearward portion includes suction motor 114 and handle 106; figs. 9-13).
Regarding claim 10, Conrad as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion further comprises the post-motor filter (rearward portion post motor filter 150, which is rearward of suction motor, as modified from embodiment of figs. 1-8 in Conrad ‘354 above).
Regarding claim 11, Conrad as modified discloses the hand vacuum cleaner as claimed in claim 10, wherein the rearward portion comprises the suction motor (rearward portion includes suction motor 114; figs. 11-13).
Regarding claim 12, Conrad as modified discloses the hand vacuum cleaner as claimed in claim 10, wherein the rearward portion comprises the suction motor and the handle (rearward portion includes suction motor 114 and handle 106; figs. 9-13).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 2019/0282048).
Regarding claim 21, Conrad discloses the hand vacuum cleaner as claimed in claim 13, wherein the rearward portion is rotationally mounted to the forward portion at a lower end of the forward portion (in view of figs. 9A-9C orientation, i.e. dirty air inlet positioned at an upper end of hand vacuum cleaner, similar to applicant’s disclosure); however, Conrad does not disclose wherein the rearward portion is rotationally mounted to the forward portion at an upper end of the forward portion, as required by the claim.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the point of rotation to be at an upper end of the forward portion (i.e. reverse hinge 540 and latch 544 to be on opposing ends to open a rear end of the air treatment chamber and a front end of the pre motor filter housing, pp. [0256]), since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. Please refer to MPEP 2144.04.VI.A.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. As necessitated by the amendments, a new grounds of rejection is made in view of Conrad (US 2018/0177354) and Brown (US 2017/0196429) for claim 1, and a new grounds of rejection is made in view of the same primary reference, Conrad (US 2019/0282048), for claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lee (US 2020/0138254) discloses a hand vacuum cleaner comprising a plurality of operating component including an air treatment member, a suction motor, and a pre motor filter, a pistol grip handle, a forward portion and a rearward portion, wherein the rearward portion is rotationally mounted to the forward portion.
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 SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571)272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIDNEY D FULL/Examiner, Art Unit 3723 /BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723