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 12/16/2025. Previously filed drawing objections are withdrawn.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.
Claim 41 and 52 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Hamada (US Patent No. 6,192,550).
Regarding claim 41, Hamada (US Patent No. 6,192,550) discloses a surface cleaning apparatus (item 1; fig. 1) comprising:
(a) an air flow path (col. 7, ll. 36-44; defined as pathway through base suction unit 4, air treatment assembly 20, motor and fan 6, exhaust filter 57, and exhaust 58; fig. 1) extending from a dirty air inlet (item 4; col. 4, ll. 60-63; fig. 1) to a clean air outlet (item 58; col. 7, ll. 41-44; fig. 1) with a motor and fan assembly (item 6; fig. 1) provided in the air flow path (col. 7, ll. 36-44);
(b) an air treatment assembly (item 20; figs. 1-2) provided in the air flow path (col. 7, ll. 36-44; airflow passes through air treatment assembly 20 in order for dirt and debris to be filtered from the airflow and collected), the air treatment assembly comprising an air treatment chamber (defined as interior of item 21; figs. 6-8) having an air treatment chamber air inlet (item 30; fig. 6), an air treatment chamber air outlet (item 41; figs. 7-8) and a dirt collection region (item 36; fig. 8), the dirt collection region having a dirt collection region end (item 32; figs. 7-8) that is moveable between a closed position (defined as position in fig. 7) and an open position (defined as position when dirt collection region end is fully hinged open, i.e. position in view of fig. 8), the air treatment chamber having a top end (designated in annotated fig. 7) and a lower end (designated in annotated fig. 7) and first and second side walls (designated in annotated fig. 7 below) extending between the top and lower ends (first and second side walls extend vertically in a region between first and second ends), the first side wall opposed to and facing the second side wall (first side wall faces second side wall and is opposite to second side wall along left-right direction in view of figs. 7-8);
(c) a lock (includes items 34, 35; figs. 7-8; similar to applicant’s disclosure in which lock includes catching portion for a hook portion, fig. 2A of instant disclosure) operable between a locked position (defined as position when hook 34 is within jaw 35; fig. 7) in which the dirt collection region end is securable in the closed position (when the lock is in a locked position, i.e. fig. 7, the dirt collection region end 36 is closed) and an unlocked position (col. 6, ll. 4-10; when the lock is actuated via actuator, hook 34 releases from jaw 35 in order to allow item 32 to begin to open; figs. 7-8) in which the dirt collection region end is openable (once hook 34 is released, the dirt collection region end is able to pivot and be opened; figs. 7-8); and,
(d) an actuator (item 33; col. 6, ll. 5-6; fig. 7) drivingly connected to the lock (via intermediate components, i.e. items 31, 32, 37; figs. 7-8) and operable to move the lock from the locked position to the unlocked position (col. 6, ll. 5-10; upon pressing the actuator 33, the lock moves from locked position, when dirt collection region end is closed, to the unlocked position, when dirt collection region is opened via intermediate driving members actuated by the actuator 33),
wherein the actuator is provided on the first side of the air treatment assembly (designated in annotated fig. 7 below) and the lock is provided on the second side of the air treatment assembly (designated in annotated fig. 7 below), and
wherein the actuator is also drivingly connected to the dirt collection region end to move the dirt collection region end from the closed position to the open position (col. 6, ll. 4-10 and col. 6, ll. 5-10; when user moves actuator 33, the hook 34 is unlocked from jaw 35, which then allows dirt collection region end to rotate from closed position to open position via items 31 and extending portion below item 32, figs. 5-7) and
the actuator is operable to move the lock from the locked position to the unlocked position prior to moving the dirt collection region end from the closed position to the open position (col. 6, ll. 1-18; when actuator 33 is pushed via user, hook 34 is slidably disengaged from jaw 35, i.e. outward movement, prior to the movement of dirt collection region end moving from the closed to open position via item 31; figs. 7-8), and
wherein a driving linkage (includes items 31 and portion designated in annotated fig. 7 below) is drivingly connected to the actuator at a first end of the driving linkage (defined as end of driving linkage at item 31; figs. 7-8) and is drivingly connected to both the lock and the dirt collection region end (second end of driving linkage moves once actuator 33 is pushed via user in order for hook 34 to move outward and disengage from jaw 35 of lock and in order for dirt collection region end 32 to begin to open via rotation about spring 31) at a second end of the driving linkage (defined as end of driving linkage defined by gray highlighted region in annotated fig. 7 below).
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Annotated Fig. 7.
Regarding claim 52, Hamada discloses the surface cleaning apparatus as claimed in claim 41, wherein the air treatment chamber air outlet comprises a conduit (defined as pathway through item 41, 42; figs. 7-8) in the dirt collection region end (conduit is through dirt collection region end 32) and the conduit remains in position when the dirt collection region end is moved to the open position (conduit remains on dirt collection region 32 in both unopened and opened positions; figs. 7-8).
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 41-46 and 55-57 are rejected under 35 U.S.C. 103 as being unpatentable over Yoo (US 2009/0078230), as provided in IDS filed on 05/09/2023, in view of Ashbee (US Patent No. 8,100,999).
Regarding claim 41, Yoo (US 2009/0178230) discloses a surface cleaning apparatus (item 1; fig. 1) comprising:
an air flow path (defined as pathway through base suction unit 5, air treatment assembly 2, motor, and exhaust; fig. 1) extending from a dirty air inlet (pp. [0043]; defined as suction port within assembly 5 to draw in external air laden with dust from surface to be cleaned, not explicitly shown) to a clean air outlet (defined as exhaust on outer surface of body; fig. 1) with a motor assembly (not explicitly shown; pp. [0041-0043]) provided in the air flow path;
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Annotated Fig. 1.
(b) an air treatment assembly (includes items 2 and 110; fig. 1) provided in the air flow path (pp. [0042]; airflow passes through air treatment assembly 2 in order for dirt and debris to be filtered from the airflow and collected within region 110), the air treatment assembly comprising an air treatment chamber (includes chamber within item 2, not explicitly shown, and chamber within item 110, i.e. item 110a; figs. 1 and 5-6) having an air treatment chamber air inlet (not explicitly shown, defined as inlet from suction port assembly 5 into upper portion of air treatment assembly, i.e. item 2), an air treatment chamber air outlet (not explicitly shown, defined as outlet in which filtered air exits air treatment assembly) and a dirt collection region (item 110a; figs. 5-6), the dirt collection region having a dirt collection region end (defined as lower end of item 110, figs. 5-6; similar to applicant’s disclosure) that is moveable between a closed position (defined as position in figs. 5-6) and an open position (defined as position when dirt collection region end is fully hinged open, i.e. position in view of fig. 7), the air treatment chamber having a top end (defined as upper end of air treatment chamber, i.e. end of item 2; designated in annotated fig. 1 above) and a lower end (defined as lower end of air treatment chamber, i.e. end of item 110; designated in annotated fig. 5) and first and second side walls (designated in annotated fig. 5 below) extending between the top and lower ends (first and second side walls extend vertically in a region between first and second ends), the first side wall opposed to and facing the second side wall (first side wall faces second side wall and is opposite to second side wall along left-right direction in view of figs. 5-7);
(c) a lock (includes items 115, 117, 144c; figs. 5-6, pp. [0058]; similar to applicant’s disclosure in which lock includes catching portion for a hook portion, fig. 2A of instant disclosure) operable between a locked position (defined as position when item 144c is within protrusions 115, 117; fig. 5) in which the dirt collection region end is securable in the closed position (when the lock is in a locked position, i.e. fig. 6, the dirt collection region end is closed) and an unlocked position (pp. [0066]; when the lock is actuated via actuator, item 144c releases from protrusions 115, 117 to an unlocked position and the dirt collection region begins to open; figs. 6-7) in which the dirt collection region end is openable (pp. [0066]; once item 144c is released, the dirt collection region end is able to pivot and be opened; figs. 6-7); and,
(d) an actuator (item 141; pp. [0049], [0052-0053]; figs. 5-6) drivingly connected to the lock (via intermediate components; fig. 5) and operable to move the lock from the locked position to the unlocked position (pp. [0064-0066]; upon pressing the actuator 141, the lock moves from locked position, when dirt collection region end is closed, to the unlocked position, when dirt collection region is opened via intermediate driving members actuated by the actuator 141; figs. 5-7),
wherein the actuator is provided on the first side of the air treatment assembly (designated in annotated fig. 5 below) and the lock is provided on the second side of the air treatment assembly (designated in annotated fig. 5 below), and
wherein the actuator is also drivingly connected to the dirt collection region end to move the dirt collection region end from the closed position to the open position (pp. [0064-0066]; via intermediate components; when user moves actuator 141, item 143 translates in a linear motion to then effect corresponding engagement of hook 144c on protrusions 115, 117 which then allows dirt collection region end to rotate about hinge H from closed position to open position, when the lock is moved from the locked to unlocked position; figs. 5-7) and
the actuator is operable to move the lock from the locked position to the unlocked position prior to moving the dirt collection region end from the closed position to the open position (pp. [0064-0066]; when actuator 141 is activated via user, hook 144c within lock structure is disengaged from protrusion 115, 117 prior to the dirt collection region end being able to move from the closed position to the open position via rotation of hinge H), and
wherein a driving linkage (includes items 143, 144a, 144b, 144e; figs. 3-6) is drivingly connected to the actuator (pp. [0053]; actuator 141 drives the movement of driving linkage along bottom wall of air treatment assembly) at a first end of the driving linkage (designated in annotated fig. 5 below) and is drivingly connected to both the lock and the dirt collection region end (pp. [0065-0066]; the driving linkage 143 is moved via actuator 141 and unlocks the lock in order to open the dirt collection region end) at a second end of the driving linkage (designated in annotated fig. 5 below).
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First Annotated Fig. 5.
Yoo does not explicitly disclose the details of the motor assembly (not explicitly shown nor described), and thereby does not explicitly disclose what the motor assembly comprises, including wherein the motor assembly comprises a motor and fan structure.
However, Ashbee (US Patent No. 8,100,999) teaches a surface cleaning apparatus comprising an air treatment assembly and a motor and fan assembly (col. 3, ll. 29-32) configured to generate an airflow through an inlet to an outlet (col. 3, ll. 51-64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the motor assembly of Yoo to comprise a motor and fan structure, as taught in Ashbee, so that the cleaning apparatus of Yoo could function as intended. Additionally, it is old and well known in the art of vacuums to utilize a motor and fan assembly within a vacuum to achieve the predictable result of inducing airflow.
Regarding claim 42, Yoo as modified discloses the surface cleaning apparatus as claimed in claim 41, wherein the driving linkage includes a linking member (item 143; fig. 3) that is located under a lower surface (item 133; figs. 3-4) of the air treatment assembly (pp. [0051]; linking member 143 extends along lower surface, i.e. within groove 133, of air treatment assembly to actuate the locking and unlocking of lock structure; figs 3-6).
Regarding claim 43, Yoo as modified discloses the surface cleaning apparatus as claimed in claim 42, wherein the linking member is rigid (linking member 143 is a rigid structure in order to be actuated and slid across lower surface of air treatment assembly without failure; pp. [0051-0053] and [0055]; fig. 3) and extends between the first and second side walls (linking member 143 extends from first side wall to second side wall along lower surface, i.e. left-right direction in view of figs. 5-6).
Regarding claim 44, Yoo as modified discloses the surface cleaning apparatus as claimed in claim 41, wherein the dirt collection region end is moveably mounted to the air treatment assembly at the first side wall (via hinge H; pp. [0050]; fig. 7).
Regarding claim 45, Yoo as modified discloses the surface cleaning apparatus as claimed in claim 41, wherein the driving linkage comprises a linear extending drive rod (includes items 144b, 144e; figs. 5-6) that is slidably mounted in a sidewall (designated in second annotated fig. 5 below) of the air treatment assembly (linear extending drive rod 144b, 144e slides along left-right direction in view of figs. 5-6 along sidewall of air treatment assembly in order to disengage hook 144c of lock from protrusion 115, 117 of lock; fig. 6).
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Second Annotated Fig. 5.
Regarding claim 46, Yoo as modified discloses the surface cleaning apparatus as claimed in claim 41, wherein the actuator comprises a tab portion (item 142a; figs. 5-6) that extends outwardly from the driving linkage (the tab portion 142a extends outwardly relative to driving linkage, i.e. outwardly to the left and vertically in view of figs. 5-6).
Regarding claim 55, Yoo as modified discloses the surface cleaning apparatus as claimed in claim 41, wherein the second end of the driving linkage comprises a pivot slot (defined as opening in which hinge H inserts through; figs. 3 and 5) and the dirt collection region end has a drive pin (pp. [0066]; defined as hinge H pin; figs. 3 and 5-6) that is positioned in the pivot slot (figs. 3 and 5-7).
Regarding claim 56, Yoo as modified discloses the surface cleaning apparatus as claimed in claim 41, wherein the second end of the driving linkage travels along a cam surface (designated in second annotated fig. 5 above) whereby the actuator moves the lock from the locked position to the unlocked position (when actuator 141 is activated via user, the second end of the driving linkage, i.e. item 143, linearly moves along cam surface to release hook 144c from protrusion 115, 117 of lock structure; figs. 5-6).
Regarding claim 57, Yoo as modified discloses the surface cleaning apparatus as claimed in claim 56, wherein the second end of the driving linkage comprises a pivot slot (defined as opening in which hinge H inserts through; figs. 3 and 5) and the dirt collection region end has a drive pin (pp. [0066]; defined as hinge H pin; figs. 3 and 5-6) that is positioned in the pivot slot (figs. 3 and 5-7).
Response to Arguments
Applicant’s arguments with respect to claim(s) 41 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. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of Yoo (US 2009/0078230), and a new grounds of rejection is made in view of Hamada (US Patent No. 6,192,550).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang (CN 103142190), as provided by the Examiner, discloses an air treatment assembly comprising an actuator on a first side wall and a lock on an opposing second side wall, wherein the actuator engages a driving linkage that extends along a lower surface of a dirt collection region end.
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
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