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 10/29/2025. Claims 1-19 are pending. The previously filed 35 USC 112(b) rejection is withdrawn.
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 1-6, 10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN110756995) in view of King (US 2019/0183306).
Regarding claim 1, Li (CN’995) a hand-held vacuum cleaner (figs. 1-2; pp. [0005] in NPL translation) comprising:
a power unit (item 20; figs. 1-2) configured to generate an airflow (pp. [0034]; fig. 2) having a first direction (designated in annotated fig. 2 below; defined as direction extending from left to right in view of fig. 2) at an inlet (designated in annotated fig. 2 below) of the power unit; and
a first air conducting path (designated in annotated fig. 2 below by gray highlighted region) arranged downstream of the power unit (first air conducting path is positioned after the airflow passes through power unit 20, i.e. downstream); wherein the first air conducting path is configured to direct air to flow in a direction opposite to the first direction (portion of the first air conducting path is capable of directing airflow in an opposing direction of first direction when passing through items 40 and 31, i.e. defined as direction extending from right to left in view of fig. 2; annotated fig. 2 below),
and the first air conducting path is arranged radially outside of the power unit along more than 40% of a length of the power unit (a length is defined as entire power unit length; similar to applicant’s disclosure) measured in the first direction (first air conducting path extends radially outside from power unit 20 and extends from outlet of power unit 20, i.e. item 22, along the entire length of the power unit 20 to exhaust outlets 13; thereby, more than 40% of the entire length of the power unit 20; fig. 2).
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CN’995 First Annotated Fig. 2.
While CN’995 does disclose a power unit to generate airflow, it does not explicitly disclose what structure the power unit comprises, including wherein the power unit comprises a motor/fan unit. Further, CN’995 does not explicitly disclose a perforated cylindrical body arranged around the motor/fan unit, the perforated cylindrical body including holes distributed across a surface and spaced apart along a length of the perforated cylindrical body, and the first air conducting path extends at least partially through the holes of the perforated cylindrical body.
However, King (US 2019/0183306) teaches handheld vacuum cleaner comprising a motor/fan unit (item 42; pp. [0099]; fig. 3) and a perforated cylindrical body (item 38a; pp. [0104]; figs. 3-4) around the motor/fan unit (pp. [0105]; cylindrical body 38a houses motor/fan unit 42; figs. 3-4), the perforated cylindrical body including holes (items 92; pp. [0105]; fig. 4) distributed across a surface (defined as outer surface of body 38a; fig. 4) and spaced apart along a length of the perforated cylindrical body (holes 92 are disposed along length of body 38a, i.e. defined as entire length of body, and circumferentially around body 38a; fig. 4), wherein a first air conducting path (defined as airflow path downstream from motor/fan unit extending through post-motor filter, corresponding to damping filter in CN’995) extends at least partially through the holes of the perforated cylindrical body (first portion of first air conducting path extends through holes 92 of cylindrical body 38a, corresponding to first portion of first air conducting path in CN’995 above; annotated fig. 2).
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 power unit of CN’995 to comprise a motor/fan structure and perforated cylindrical body housing the motor/fan structure, as taught in King, so that the device of ‘995 could function as intended. Additionally, it is old and well known in the art of vacuums to use a motor and fan assembly within a vacuum to achieve the predictable result of inducing airflow and to use a perforated body housing the motor and fan unit to achieve the predictable result of releasing airflow from the motor/fan in a radial direction.
Regarding claim 2, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the first air conducting path is arranged radially outside of the motor/fan unit (fig. 2) along more than 80% of the length of the motor/fan unit (first air conducting path extends radially outside from power unit 20 and extends from outlet of power unit 20, i.e. item 22, along the entire length of the power unit 20 to exhaust outlets 13; thereby, more than 80% of the entire length of the power unit 20; fig. 2).
Regarding claim 3, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the first air conducting path is arranged radially outside of the motor/fan unit along the entire length of the motor/fan unit (first air conducting path extends radially outside from power unit 20 and extends from outlet of power unit 20, i.e. item 22, along the entire length of the power unit 20 to exhaust outlets 13; fig. 2).
Regarding claim 4, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the first air conducting path at least partially encloses the motor/fan unit (first air conducting path extends through plurality of air flow holes 41 within item 40, which entirely encloses the motor/fan unit; thereby, the air conducting path at least partially encloses the motor/fan unit; figs. 1-2).
Regarding claim 5, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 4, wherein the first air conducting path encloses more than 50% of a circumference of the motor/fan unit (first air conducting path extends through plurality of air flow holes 41 within item 40, which entirely encloses the motor/fan unit, i.e. more than 50% of the circumference of the motor/fan unit).
Regarding claim 6, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the first air conducting path comprises an air diverting portion (items 10, 11; pp. [0042]; fig. 2) configured to change the airflow direction approximately 180 degrees (air divertor portion 10, 11 guides air from outlet of motor/fan unit via item 10 and through arc portion 11 to redirect airflow in an opposing direction relative to first direction through item 40, i.e. 180 degree redirection; pp. [0042]; figs. 1-2), and wherein the air diverting portion is arranged directly downstream of the motor/fan unit (air diverting portion 10, 11 is located after the airflow passes through motor/fan unit, i.e. downstream; fig. 2).
Regarding claim 10, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the vacuum cleaner comprises a battery assembly (defined as cylindrical batteries at bottom end of handheld vacuum 200 in view of fig. 1) configured to supply electricity to the motor/fan unit (pp. [0034]).
Regarding claim 12, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the vacuum cleaner comprises an air outlet (items 13; figs. 1-2) comprising at least a portion being arranged in front of the motor/fan unit seen along the first direction (when moving along first direction, i.e. left to right direction in view of fig. 2 above, all air outlets 13 are positioned before, i.e. in front of, the motor/fan unit).
Regarding claim 13, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the vacuum cleaner comprises an air outlet (item 13; figs. 1-2) comprising a perforated section (according to Dictionary.com, “perforated” is defined as pierced with a hole or holes; thereby, in view of fig. 1, the left-side structure of body component 14 includes holes, i.e. items 13, which define the perforated section of body component) of a body component (item 14 includes perforated section on outer surface; fig. 1; similar to applicant’s disclosure) of the vacuum cleaner.
Regarding claim 14, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 13, wherein the perforated section comprises a number of through-holes (perforated section includes a plurality of outlet holes 13; fig. 1) through the body component (fig. 1).
CN’995 does not explicitly disclose the sizing of the through-holes, such as wherein a total cross sectional area of the number of through-holes is greater than a cross sectional area of the first air conducting path, as required by the claim.
First, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the total cross-sectional area of the through-holes to be greater than a cross-sectional area of the first air conducting path (range between cross-sectional area of first air conducting path and infinity). Since such a modification would involve a mere change in size of the component, a change in size is generally recognized as being within the level of ordinary skill in the art (see MPEP 2144.05).
Furthermore, the claimed dimensions are recognized as result effective variable, i.e. a variable in which achieves a recognized result as set forth above. The size of total cross-sectional area of the through-holes can vary depending on the design need to solve a problem. If the size of the total-cross sectional area of the through holes is smaller than the cross-sectional area of the first air conducting path, the vacuum cleaner may not be able to exhaust airflow at an efficient rate which may hinder airflow and build up the pressure inside of the vacuum; while if the size of the total-cross sectional area of the through holes is greater than the cross-sectional area of the first air conducting path, then the through-holes may allow more air to escape the vacuum cleaner which may lead to better performance and relieve backup pressure within the vacuum. Therefore, since the general conditions of the claim (e.g. having the claimed structure as recited above) is disclosed by CN’995 as modified by King it is not inventive to discover the optimum workable range by routine experimentation, and it would have been obvious to one of ordinary skill in the art at the time when the invention was filed to provide the total cross-sectional area of the through-holes to be greater than the cross-sectional area of the first air conducting path. Further in the instant application, p. 12, the applicant has not disclosed any criticality for the claimed limitations.
Regarding claim 20, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the vacuum cleaner comprises a perforated cylindrical body (pp. [0055]; item 40 includes perforations 41 and is cylindrical with straight parallel upper and lower walls, in view of fig. 2, and a circular cross-section, in view of fig. 1) arranged around the motor/fan unit (fig. 2), and wherein the first air conducting path extends at least partially through holes of the perforated cylindrical body (first air conducting path, as designated in first annotated fig. 2 above, extends through the plurality of perforations 41, i.e. holes, of cylindrical body 40; pp. [0055]).
Claims 7-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN110756995) in view of King (US 2019/0183306) and further in view of Tan (CN 110477798).
Regarding claim 7, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the vacuum cleaner comprises a handle assembly (defined by gray highlighted region in in annotated fig. 1 below) and a second air conducting path (designated in second annotated fig. 2 below) arranged downstream of the first air conducting path (airflow passes through first air conducting path and leads into second air conducting path in order to exit vacuum cleaner via outlets 13; fig. 2).
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CN’995 Second Annotated Fig. 2.
CN’995 does not explicitly disclose wherein the second air conducting path extends through a portion of the handle assembly.
However, Tan (CN’798) teaches a handheld vacuum cleaner (fig. 6; second embodiment of vacuum; pp. [0069]) comprising an exhaust assembly having two exhaust pathways, e.g. a main exhaust pathway (item 11) through handle (item 10) to exit vacuum through plurality of outlet holes (item 12; figs. 6-7) and an auxiliary exhaust passage (item 13) downstream of motor/fan unit (item 3, corresponding to downstream exhaust holes 13 in CN’995).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify the second air conducting path downstream of the first air conducting path, as disclosed in CN’995, to include an exhaust passageway through outlet holes (corresponding to outlet holes 13 in CN’995) and an additional exhaust passageway extending through handle of vacuum through bottom outlet of handle, as taught in CN’798, in order to slow the airflow through the exhaust channels and thereby, reduce the noise and vibration of the vacuum (CN’798; pp. [0070]).
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CN’995 Annotated Fig. 1.
Regarding claim 8, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 7, wherein the handle assembly comprises an elongated handle unit (CN’995; item 300 of handle structure; fig. 1) configured to be gripped by a user during operation of the vacuum cleaner (CN’995; pp. [0053]; fig. 1) and a second elongated unit (designated in annotated fig. 1 above; second elongated unit is elongated in vertical direction in view of fig. 1 on left side while also elongated in horizontal direction in view of fig. 1) arranged at a distance from the elongated handle unit (second elongated unit extends beyond boundary of elongated handle unit 300 in left and right directions in view of fig. 1; thereby, at a distance from the elongated handle unit), and wherein the second air conducting path extends through at least a portion of the second elongated unit (as modified by CN’798; second air conducting path extends through elongated handle unit 300 and through at least a portion of second elongated unit, designated in second annotated fig. 1 below, to exhaust from a bottom of the second elongated unit).
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CN’995 Second Annotated Fig. 1.
Regarding claim 9, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 8, wherein the vacuum cleaner comprises an air outlet (CN’798; item 12; figs. 6-7) arranged on the second elongated unit (corresponding to second elongated unit structure in CN’995; outlet 12, modified from CN’798, is disposed on bottommost surface of second elongated unit to exhaust air out of vacuum cleaner; second annotated fig. 1 above).
Regarding claim 11, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 8, wherein the vacuum cleaner comprises a battery assembly (CN’995; defined as cylindrical batteries at bottom end of handheld vacuum 100 in view of fig. 1) configured to supply electricity to the motor/fan unit (pp. [0034]), and wherein the battery assembly is supported relative to a main body (item 14; fig. 1) of the vacuum cleaner via the elongated handle unit and the second elongated unit (battery assembly is connected to main body 14 via intermediate components, i.e. elongated handle unit 300 and second elongated handle unit; CN’995 annotated fig. 1 above).
Claims 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN110756995) in view of King (US 2019/0183306) and further in view of Brown (US 2017/0196421).
Regarding claim 15, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1. Though CN’995 includes power electronics to supply power to the vacuum (pp. [0034]) and a portion of an air channel (third annotated fig. 2 below), CN’995 does not explicitly disclose wherein the vacuum cleaner comprises the air channel configured to direct a partial flow of air past the power electronics to a secondary air outlet of the vacuum cleaner to cool the power electronics.
However, Brown (US 2017/0196421) teaches a handheld vacuum cleaner (item 11; fig. 11) comprising a motor unit (item 124; fig. 11), power electronics (includes items 318, 320, 174; fig. 11) configured to control operation of the motor unit, and wherein the vacuum cleaner comprises an air channel (pp. [0535]; defined as some of the airflow downstream of the motor unit that passes through power electronics 174, 318, 320 and handle; fig. 11) configured to direct a partial flow of air (pp. [0535]; fig. 11) past the power electronics to a secondary air outlet (items 308, 372; fig. 11) of the vacuum cleaner to cool the power electronics.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention modify the main body of the handheld vacuum cleaner (main body defined as items 14 and 300, fig. 1), as disclosed in CN’995, to include power electronics, such as an actuator and battery supply pack, and a secondary outlet at a bottom end of the main body, as taught in Brown, in order for a partial flow of the air channel to flow over the power electronics and help cool operating components that are located in the main body of the vacuum (corresponding to items 14 and 300 in CN’995; pp. [0535-0536] in Brown).
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CN’995 Third Annotated Fig. 2.
Regarding claim 16, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 15, wherein the vacuum cleaner comprises a main body (includes items 14 and 300; fig. 1) which accommodates at least the motor/fan unit and the first air conducting path (main body accommodates at least the motor/fan unit, as modified by King, and air conducting path within upper portion of main body, i.e. item 14), and wherein the air channel is arranged on the main body (portion of air channel, i.e. defined as second air conducting path in second annotated fig. 2 above, is arranged within item 14 of main body, while another portion of air channel, as modified from Brown, extends through item 300 of main body).
Regarding claim 17, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 16, wherein the air channel is arranged behind the motor/fan unit seen along the first direction (a portion of air channel is positioned behind inlet of motor/fan unit; designated in fourth annotated fig. 2 below).
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CN’995 Fourth Annotated Fig. 2.
Regarding claim 18, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 16, wherein the secondary air outlet is arranged on the main body at a location behind the motor/fan unit seen along the first direction (secondary air outlet, as modified from Brown above, is positioned on lowermost end of main body portion 300 in CN’995; similar to portion of air channel behind motor/fan unit in fourth annotated fig. 2 above, a portion of secondary air outlet is angled away from and behind inlet end of motor/fan unit along the first direction, i.e. left to right direction in view of figs. 1-2).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN110756995) in view of King (US 2019/0183306), and further evidenced by Tadina (US 2015/0128375).
Regarding claim 19, CN’995 as modified discloses the hand-held vacuum cleaner as claimed in claim 1, wherein the vacuum cleaner comprises a second air conducting path (designated in second annotated fig. 1 above) arranged downstream of the first air conducting path (airflow passes through first air conducting path and leads into second air conducting path in order to exit vacuum cleaner via outlets 13; fig. 2).
Though CN’995 appears to disclose wherein walls (items 411, 412; fig. 2) of the first conducting path is covered by a noise attenuating component (pp. [0043-0045]; item 40 is a vibration damper; figs. 1-2). CN’995 does not explicitly disclose the type of material in which the noise attenuating component is composed of, e.g. foam, hard sponge, or soft sponge (p. 12 of instant disclosure).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the noise-attenuating component to be comprised of a noise-attenuating material, such as foam, hard sponge, or soft sponge, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (please refer to MPEP 2144.07). As an example, Tadina (US 2015/0128375) teaches a motor surrounded by a noise-attenuating component composed of foam material (pp. [0039]; fig. 1) in order to effectively reduce aerodynamic and structurally born noise from the motor (pp. [0047]). Please note that in the instant application, p. 12, the applicant has not disclosed any criticality for the claimed limitations.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 in view of the prior art of record, CN’995 in view of DE’858, have been considered but they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made in view of the same primary reference, CN’995, in view of a new teaching reference, King (US 2019/0183306). Further, the same teaching reference(s) from previous Office action are utilized, Tan (CN 110477798), Brown (US 2017/0196421), and Tadina (US 2015/0128375).
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 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
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736