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 06/05/2026. Claims 1-13 and 16-21 are pending. Claims 1, 3-5, 9-13, 16-18, and 21 are rejected; claims 2, 6-8, and 19-20 are withdrawn.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/05/2026 has been entered.
Claim Objections
Claims 5 and, 10 are objected to because of the following antecedent basis informalities:
Claim 5, ll. 2, consider amending to, --portion comprises the suction motor, the pre-motor filter and [[the]]a post-motor filter.—
Claim 10, ll. 2, consider amending to, --portion further comprises [[the]]a post-motor filter.—
Appropriate correction is required.
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.
Claims 16-18 are 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 16 recites, “The hand vacuum cleaner of claim 14” which renders the claim indefinite. As newly amended, claim 14 was cancelled and therefore, it is indefinite that claim 16 remains dependent on such claim. As best understood, claim 16 is dependent on claim 13, which claim 14 previously depended from (--The hand vacuum cleaner of claim [[14]]13--).
Claims 17-18 are rejected accordingly under 35 USC 112(b) since they are dependent on claim 16.
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, 3-4, 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Tonderys (US 2019/0090701) in view of Cho (US 2020/0281429) and Brown (US 2017/0196429).
Regarding claim 1, Tonderys (US 2019/0090701) discloses a hand vacuum cleaner )item 1300; figs. 31A-31B) having a front end (item 1303-1, fig. 31A) and a rear end (item 1303-2; fig. 31A) and a longitudinal axis (item 1315; pp. [0137]; fig. 31A) extending between the front end and the rear end, the hand vacuum cleaner comprising:
(a) an air flow path (defined as pathway extending through inlet 1309, air treatment chamber 1302, pre-motor filter 1311, motor, 1321, and outlet; pp. [0135-0136]; fig. 31C) extending from a dirty air inlet (item 1309; pp. [0136]; fig. 31A) to a clean air outlet (not explicitly shown in figs. 31A-31C; defined as exhaust vent outlets on body portion, figs. 24A-25);
(b) an air treatment assembly (item 1302; fig. 31B) provided in the air flow path (pp. [0131]; figs. 31A-31C), the air treatment assembly comprising an air treatment chamber (defined as internal space within assembly 1302, i.e. item 1331) having an air inlet (designated in annotated fig. 31C below) and an air outlet (designated in annotated fig. 31C below);
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Annotated Fig. 31C.
(c) a body portion (item 1304; fig. 31A), which houses a suction motor (item 1322; fig. 31C)that is provided in the air flow path (pp. [0136]; fig. 31C);
(d) a handle (item 1306; fig. 31A) with a hand grip portion (defined as outer surface of handle 1306; pp. [0139]; fig. 31A);
(e) a pre-motor filter housing (item 1314; pp. [0134]; fig. 31C) which, in operation, houses a pre-motor filter (item 1311; pp. [0143]; figs. 31A-31D); and,
(f) at least one energy storage member (item 1323; fig. 31C),
wherein the hand vacuum cleaner has a forward portion (designated in annotated fig. 31B below by gray highlighted region) and a rearward portion (designated in annotated fig. 31B below as non-gray highlighted region), the forward portion comprises at least the air treatment chamber (air treatment chamber is within forward portion; fig. 31B below) and the rearward portion comprises the pre-motor filter housing (pre motor filter housing 1314 is within rearward portion; fig. 31B), and
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Annotated Fig. 31B.
wherein the rearward portion is rotationally mounted to the forward portion at an upper end of the forward portion (upper end designated in annotated fig. 31A below) between a closed position (defined as position in view of figs. 31A and 32A) in which the hand vacuum cleaner is operable to clean a surface (pp. [0153]; in closed position, air treatment assembly 1302 is in fluid communication with the suction motor to clean a surface) and an open position (defined as position in view of figs. 31B and 32D; pp. [0153]) in which the pre-motor filter housing is opened (pp. [0134] and [0156]; front end of pre motor filter housing is opened for user to gain access to filter within; figs. 31B and 32D).
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Annotated Fig. 31A.
Tonderys does not disclose wherein, when the longitudinal axis is horizontal, an upper end of the handle is mounted to a lower surface of the body portion.
However, Cho (US 2020/0281429) teaches an analogous handheld vacuum cleaner (item 100; figs. 3-4) having a longitudinal axis (defined along line A-A in fig. 4), the vacuum cleaner comprising a dirty air inlet (item 106; fig. 4), an air treatment assembly (item 111; figs. 3-4), a body portion (item 140; fig. 4) housing a suction motor (item 104; pp. [0100]), and a handle (item 101; fig. 4) with an operation switch (item 103), analogous to the operation switch on handle in Tonderys (item 1313 in fig. 31A in Tonderys), wherein when the longitudinal axis is horizontal, upper end of the handle (designated in annotated fig. 4 below) is mounted to a lower surface of the body portion (fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the handle with hand grip portion and operating switch, as disclosed in Tonderys, to be positioned at a lower end of the body portion when the longitudinal axis is horizontal, as taught in Cho, since it has been held that rearranging parts of an invention involves only routine skill in the art (refer to MPEP 2144.04-VI-C) and the rearrangement of parts is expected to function in an equivalent manner to comfortably fit within the hand of a user during operation and easily maneuver the vacuum cleaner around the area to be cleaned.
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Cho Annotated Fig. 4.
Lastly, though Tonderys discloses at least one energy storage member disposed in the handle (figs. 31), Tonderys does not explicitly disclose wherein, when the longitudinal axis is horizontal, the hand grip portion overlies the at least one energy storage member.
Brown (US 2017/0196429) teaches a hand vacuum cleaner (embodiment of figs. 15-16) comprising an air treatment assembly (item 206; fig. 16), a body portion housing a suction motor (item 124; fig. 16), a handle (item 310; fig. 16) having an operating switch (item 312; fig. 16) and at least one energy storage member (item 174; fig. 16) disposed in a lower end of the handle (pp. [0504]; the battery pack 174 may be positioned in one of the upper and lower ends of the handle), and wherein when a longitudinal axis is horizontal (axis 132 horizontal in view of fig. 16), a hand grip portion (outer surface of handle 310) overlies the at least one energy storage member (the hand grip portion overlies the energy storage member 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 rearrange the at least one energy storage member disposed within the handle, as disclosed in Tonderys, to be positioned at a lower end of the handle such that the hand grip portion of the handle overlies the at least one energy storage member, as disclosed in Brown, 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), while still maintaining a relatively compact form-factor of the hand vacuum cleaner to allow users to store the same in a nearby location, e.g. drawer, table top, etc.) for easy access (Abstract in Tonderys).
Regarding claim 3, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion comprises the suction motor (suction motor 1322 is within rearward portion; figs. 31B-31C).
Regarding claim 4, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion comprises the suction motor (suction motor 1322 is within rearward portion; figs. 31B-31C ) and the pre-motor filter (pre motor filter 1311 is within rearward portion; figs. 31A-31C).
Regarding claim 9, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion comprises the suction motor (suction motor 1322 is within rearward portion; figs. 31B-31C) and the handle (handle extends from body portion 1304, which houses suction motor 1322, thereby within the rearward portion).
Regarding claim 11, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 10, wherein the rearward portion comprises the suction motor (suction motor 1322 is within rearward portion; figs. 31B-31C ).
Regarding claim 12, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 10, wherein the rearward portion comprises the suction motor (suction motor 1322 is within rearward portion; figs. 31B-31C) and the handle (handle extends from body portion 1304, which houses suction motor 1322, thereby within the rearward portion).
Claims 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tonderys (US 2019/0090701) in view of Cho (US 2020/0281429), Brown (US 2017/0196429), and further in view of Conrad (US 2018/0177366).
Regarding claim 5, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the rearward portion comprises the suction motor (suction motor 1322 is within rearward portion; figs. 31B-31C) and the pre-motor filter (pre motor filter 1311 is within rearward portion; figs. 31A-31C).
Tonderys does not explicitly disclose a post motor filter within the rearward portion.
However, Conrad (US 2018/0177366) teaches a hand vacuum cleaner (figs. 4-5) comprising an air treatment assembly (item 116; fig. 4), a pre motor filter (item 142; fig. 4), a suction motor (item 114; fig. 4), and a post motor filter (item 150; fig. 4).
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 Tonderys, to further include a post motor filter within the rearward portion, i.e. downstream from the suction motor, as taught in Conrad, in order to help further treat the air passing through the hand vacuum prior to exhausting into the environment (pp. [0220] in Conrad ‘366).
Regarding claim 10, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 1, but does not explicitly disclose wherein the rearward portion further comprises a post-motor filter.
However, Conrad (US 2018/0177366) teaches a hand vacuum cleaner (figs. 4-5) comprising an air treatment assembly (item 116; fig. 4), a pre motor filter (item 142; fig. 4), a suction motor (item 114; fig. 4), and a post motor filter (item 150; fig. 4).
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 Tonderys, to further include a post motor filter within the rearward portion, i.e. downstream from the suction motor, as taught in Conrad, in order to help further treat the air passing through the hand vacuum prior to exhausting into the environment (pp. [0220] in Conrad ‘366).
Claims 13, 16-18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Tonderys (US 2019/0090701) in view of Conrad (US 2019/0290084).
Regarding claim 13, Tonderys (US 2019/0090701) discloses a hand vacuum cleaner (item 1300; figs. 31A-31B) having a front end (item 1303-1, fig. 31A) and a rear end (item 1303-2; fig. 31A) and a longitudinal axis (item 1315; pp. [0137]; fig. 31A) extending between the front end and the rear end, the hand vacuum cleaner comprising:
(a) an air flow path (defined as pathway extending through inlet 1309, air treatment chamber 1302, pre-motor filter 1311, motor, 1321, and outlet; pp. [0135-0136]; fig. 31C) extending from a dirty air inlet (item 1309; pp. [0136]; fig. 31A) to a clean air outlet (not explicitly shown in figs. 31A-31C; defined as exhaust vent outlets on body portion, figs. 24A-25);
(b) a plurality of operating components (includes items 1302, 1322; figs. 31B-31C) comprising at least one air treatment component (item 1302; fig. 31B) and a suction motor (item 1322; fig. 31C), that are provided in the air flow path (pp. [0131] and [0136]; fig. 31C), the air treatment component comprising an air treatment chamber (defined as internal space within assembly 1302);
(c) a body portion (item 1304; fig. 31A), which houses the suction motor (fig. 31C) that is provided in the air flow path (pp. [0136]; fig. 31C); and,
(d) a pistol grip handle (item 1306; fig. 31A);
wherein the hand vacuum cleaner has a forward portion (designated in annotated fig. 31B above by gray highlighted region) and a rearward portion (designated in annotated fig. 31B above as non-gray highlighted region), the forward portion comprises at least an air outlet of the air treatment chamber (designated in annotated fig. 31C above) and the rearward portion comprises at least the suction motor (suction motor 1322 is within rearward portion; figs. 31B-31C) and the rearward portion is rotationally mounted to the forward portion (both portions are rotationally mounted to each other via item 1326; pp. [0132] and [0146]; figs. 31A-31B; therefore, when item 1305 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 pivot 1326 along direction D; figs. 31A-31B) between a closed position (defined as position in view of figs. 31A and 32A) and an open position (defined as position in view of figs. 31B and 32D; pp. [0153]) in which a rear end (designated in annotated fig. 31B above) of the air treatment chamber is opened (when the portions are rotated about each other to the opened position, rear end is opened in order for dirty to be emptied; pp. [0156]; figs. 31B and 32D).
Tonderys does not disclose wherein, when the longitudinal axis is horizontal, an upper end of the pistol grip handle extends downwardly from a lower end of the body portion and axis that is parallel with the longitudinal axis intersects with at least one air treatment component and the pistol grip handle.
However, Conrad (US 2019/0290084) teaches an analogous handheld vacuum cleaner (figs. 11-12) having a longitudinal axis (designated in second annotated fig. 12 below), the vacuum cleaner comprising an air treatment assembly (item 112; fig. 11), a body portion (item 104; fig. 11) housing a suction motor ( item 152; fig. 12), and a handle (item 108; figs. 11-12), and wherein, when the longitudinal axis is horizontal (defined as position in view of figs. 12 below), an upper end of the pistol grip handle (designated in first annotated fig. 12 below) extends downwardly from a lower end of the body portion (designated in first annotated fig. 12 below) and axis that is parallel with the longitudinal axis intersects with at least one air treatment component and the pistol grip handle (axis parallel to longitudinal axis designated in second annotated fig. 12 below).
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First and Second Annotated Fig. 12.
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 pistol grip handle, as disclosed in Tonderys, to include a hinge in order for the pistol grip handle to extend downwardly from the body portion when the longitudinal axis is horizontal, as taught in Conrad, in order to allow the user to hold the hand vacuum cleaner at a desired position while cleaning (pp. [0594-0597] in Conrad), while still maintaining a relatively compact form-factor of the hand vacuum cleaner to allow users to store the same in a nearby location, e.g. drawer, table top, etc.) for easy access (Abstract in Tonderys).
Regarding claim 16, as best understood, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 13, wherein the rearward portion further comprises at least one energy storage member (item 1323 are within handle, thereby within rearward portion; figs. 31C-31D).
Regarding claim 17, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 16, wherein the rearward portion further comprises the pistol grip handle (handle extends from body portion 1304, which houses suction motor 1322, thereby within the rearward portion) and the at least one energy storage member is provided at a lower end of the pistol grip handle (lower end of handle, designated in annotated fig. 12 of Conrad ‘084 above in view of downwardly extending handle from body portion; thereby, at least a portion of the at least one energy storage member 1323 from Tonderys that extend longitudinally within the handle are at a lower end of the handle).
Regarding claim 18, Tonderys as modified 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 annotated fig. 12 of Conrad’084 above, corresponding to body portion and suction motor of Tonderys; upper end of handle extends from body portion which includes suction motor).
Regarding claim 21, Tonderys as modified discloses the hand vacuum cleaner as claimed in claim 13, wherein the rearward portion is rotationally mounted to the forward portion at an upper end of the forward portion (designated in annotated fig. 31A above).
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 Tonderys (US 2019/0090701), Cho (US 2020/0281429) and Brown (US 2017/0196429) for claim 1, and a new grounds of rejection is made in view of Tonderys (US 2019/0090701) and Conrad (US 2019/0290084), for claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Conrad (US 2020/0383544) discloses a hand vacuum cleaner comprising a forward portion and a rearward portion with a hinge between the portions, and a handle configured to be arranged in various positions from a body portion housing a suction motor.
Li (CN 107260059), as provided by Examiner, discloses a hand vacuum cleaner comprising a forward portion with air treatment assembly and a rearward portion with suction motor, handle, and post motor filter, wherein the forward portion is removably coupled to rearward portion, and wherein handle extends downwardly from body portion which houses suction motor.
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
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