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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 29 January, 2026 has been entered.
Drawings
The drawings were received on 29 January, 2026. These drawings are acceptable.
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, 4, 9-10, 14-15, 19, 27, and 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Scheuren et al. (EP 1731074, "Scheuren") in view of Dyson et al. (US 5558697, "Dyson '697").
1. Scheuren teaches a method of preventing overheating in a surface cleaner capable of being held in hand, the handheld surface cleaner comprising an air flow path from a dirty air inlet (4) to a clean air outlet (5), an air treatment member (15) provided in the air flow path, and a motor (1) and fan (2) assembly provided in the air flow path (Scheuren fig. 4), the method comprising:
monitoring an operating temperature of the motor and fan assembly (temperature of air flowing out of motor 1 is measured with downstream temperature sensor 9, see Scheuren fig. 4 and Scheuren Translation [0012]-[0013] and [0029]);
determining that the operating temperature has reached an overheat threshold temperature (determining the measured temperature has exceeded a target value, Scheuren Translation [0012] and [0029]); and
triggering an overheat prevention response in response to determining that the operating temperature has reached an overheat threshold temperature wherein the overheat prevention response enables the motor and fan assembly to continue operating uninterrupted (opening secondary air duct 6 with valve 7 to allow continued operation, Scheuren Translation [0019]-[0020] and [0026]-[0029]);
wherein the overheat prevention response comprises opening a bleed valve fluidly coupled to a portion of the airflow path between the air treatment member and the motor and fan assembly, wherein the bleed valve, when open, enables ambient air to travel into the apparatus body; (valve 7 opens secondary air duct 6 located between filter 15 and motor 1 and connected to an external body to allow additional air in from outside the cleaner, see Scheuren fig. 4 and Scheuren Translation [0029]).
Scheuren does not teach the steps of subsequently determining that the operating temperature has reached a further overheat threshold temperature; and
triggering a subsequent overheat prevention response in response to determining that the operating temperature has reached the further overheat threshold temperature, wherein the subsequent overheat prevention response comprises introducing additional bleed air into the airflow path.
However, Dyson '697 teaches a method of operating a surface cleaner comprising an air flow path from a dirty air inlet (12) to a clean air outlet, an air treatment member (18) provided in the air flow path, and a bleed valve (76) or plurality of bleed valves (20) provided in the air flow path (Dyson '697 4:32-56 and figs. 1-6), the method comprising successively opening a plurality of bleed valves in response to a state variable repeatedly passing a threshold (see Dyson '697 5:18-30 and 5:62-6:19) or opening a single bleed valve in stages in response to a sensor signal indicating that a state variable has exceeded a threshold (see Dyson '697 7:53-8:42).
It would have been obvious to one of ordinary skill before the effective filing date to have modified the method of Scheuren according to the teachings of Dyson '697 regarding a staged bleed valve response to a state variable exceeding a threshold such that it included steps of subsequently determining that the operating temperature has reached a further overheat threshold temperature; and triggering a subsequent overheat prevention response in response to determining that the operating temperature has reached the further overheat threshold temperature, wherein the subsequent overheat prevention response comprises introducing additional bleed air into the airflow path, as doing so would improve the ability to maintain adequate dust separation capabilities associated with a consistent airflow (Dyson '697 2:23-37).
4. Scheuren as modified teaches the method of claim 1, but although it further teaches the arrangement may include an “engine protection filter” upstream of the bleed valve (Scheuren Translation [0014]), it does not explicitly teach additional details regarding the location of the engine protection filter, and therefore does not explicitly teach that the handheld surface cleaner comprises a pre-motor filter positioned in the airflow path between the air treatment member and the motor and fan assembly, and the portion of the airflow path is downstream of the pre-motor filter.
However, it has been held that “in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” MPEP § 2144.01, citing In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
One of ordinary skill in the vacuum cleaner art would understand the teaching from Scheuren of an engine protection filter to refer to a filter distinct from the primary air treatment member in the filter chamber and configured to inhibit particles passing the primary air treatment member from reaching the motor. Such a filter would necessarily be located upstream of the motor-fan assembly and downstream from the primary air treatment assembly. As Scheuren teaches that the bleed valve is located downstream of the engine protection filter (Scheuren Translation [0014]), one of ordinary skill would infer from the teachings of Scheuren that the handheld surface cleaner comprises a pre-motor filter positioned in the airflow path between the air treatment member and the motor and fan assembly, and the portion of the airflow path is downstream of the pre-motor filter.
9. Scheuren as modified teaches the method of claim 1, wherein the operating temperature of the motor and fan assembly is monitored directly (Scheuren teaches that the temperature of the motor body may be directly measured, see Scheuren Translation [0013]).
10. Scheuren as modified teaches the method of claim 1, wherein the operating temperature of the motor and fan assembly is monitored by measuring an air temperature of air in the airflow path downstream of the motor and fan assembly (temperature of air flowing out of motor 1 is measured with downstream temperature sensor 9, see Scheuren fig. 4 and Scheuren Translation [0012]-[0013] and [0029]).
Regarding claims 14 and 19, Scheuren teaches a cleaner having a front end and a rear end and capable of cleaning hand surfaces, the hand surface cleaner comprising:
an apparatus body (body comprising the walls shown in Scheuren fig. 4) enclosing an air flow path extending from a dirty air inlet (4) to a clean air outlet (5);
an air treatment member (15) provided in the air flow path;
a motor (1) and fan (2) assembly provided in the air flow path (see Scheuren fig. 4);
a bleed valve (including valve 7 and duct 6, see Scheuren fig. 4), which, when open, enables ambient air to travel into the apparatus body, the bleed valve fluidly coupled to a portion of the airflow path between the air treatment member and the motor and fan assembly (valve 7 is between filter 15 and motor fan assembly 3, see Scheuren fig. 4); and
a controller (control/evaluation unit 10, see Scheuren fig. 4 and Scheuren Translation [0013] and [0024]) operable to:
monitor an operating temperature of the motor and fan assembly (temperature of air flowing out of motor 1 is measured with downstream temperature sensor 9, see Scheuren fig. 4 and Scheuren Translation [0012]-[0013] and [0029]);
determine that the operating temperature has reached an overheat threshold temperature (determining the measured temperature has exceeded a target value, Scheuren Translation [0012] and [0029]); and,
trigger an overheat prevention response in response to determining that the operating temperature has reached an overheat threshold temperature wherein the overheat prevention response is defined to enable the motor and fan assembly to continue operating uninterrupted, (opening secondary air duct 6 with valve 7 to allow continued operation, Scheuren Translation [0019]-[0020] and [0026]-[0029]), wherein the overheat prevention response comprises opening the bleed valve (7 allows air in when temperatures are too high, see Scheuren fig. 4 and Scheuren Translation [0029]).
Scheuren does not teach that the controller is configured to subsequently determine that the operating temperature has reached a further overheat threshold temperature; and, trigger a subsequent overheat prevention response in response to determining that the operating temperature has reached the further overheat threshold temperature, wherein the subsequent overheat prevention response comprises further opening the bleed valve.
However, Dyson '697 teaches a surface cleaner comprising an air flow path from a dirty air inlet (12) to a clean air outlet, an air treatment member (18) provided in the air flow path, and a bleed valve (76) or plurality of bleed valves (20) provided in the air flow path (Dyson '697 4:32-56 and figs. 1-6), wherein the surface cleaner further comprises a sensor (94) that monitors a state variable and, in response to the sensor detecting that the state variable has exceeded a threshold or series of thresholds, opening a single bleed valve in stages ranging from fully closed to partially open, to fully open (see Dyson '697 7:53-8:42), thereby introducing additional bleed air into the air path with each stage of the response.
It would have been obvious to one of ordinary skill before the effective filing date to have modified the cleaner of Scheuren according to the teachings of Dyson '697 regarding a staged bleed valve response to a sensed state variable exceeding a threshold such that the controller was configured to subsequently determine that the operating temperature has reached a further overheat threshold temperature and trigger a subsequent overheat prevention response in response to determining that the operating temperature has reached the further overheat threshold temperature, wherein the subsequent overheat prevention response comprised further opening the bleed valve, as doing so would improve the ability to maintain adequate dust separation capabilities associated with a consistent airflow (Dyson '697 2:23-37).
15. Scheuren as modified teaches the hand surface cleaner of claim 14, wherein the motor and fan assembly is provided in the air flow path downstream of the air treatment member (motor-fan assembly 3 is downstream of filter 15, see Scheuren fig. 4).
Although Scheuren further teaches the arrangement may include an “engine protection filter” upstream of the bleed valve (Scheuren Translation [0014]), it does not explicitly teach additional details regarding the location of the engine protection filter, and therefore does not explicitly teach that a pre-motor filter is positioned in the airflow path between the air treatment member and the motor and fan assembly, wherein the portion of the airflow path is downstream of the pre-motor filter.
However, it has been held that “in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” MPEP § 2144.01, citing In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
One of ordinary skill in the vacuum cleaner art would understand the teaching from Scheuren of an engine protection filter to refer to a filter distinct from the primary air treatment member in the filter chamber and configured to inhibit particles passing the primary air treatment member from reaching the motor. Such a filter would necessarily be located upstream of the motor-fan assembly and downstream from the primary air treatment assembly. As Scheuren teaches that the bleed valve is located downstream of the engine protection filter (Scheuren Translation [0014]), one of ordinary skill would infer from the teachings of Scheuren that a pre-motor filter is positioned in the airflow path between the air treatment member and the motor and fan assembly, wherein the portion of the airflow path is downstream of the pre-motor filter.
Regarding claims 27 and 30-32, Scheuren as modified teaches the method of claim 1 and the surface cleaner of claim 19, wherein the subsequent overheat prevention response comprises opening a second bleed or further opening the bleed valve (Dyson '697 teaches embodiments having a plurality of bleed valves opened in succession and a single bleed valve opened in stages, see Dyson '697 5:18-30, 5:62-6:19, and 7:53-8:42).
Claims 11, 13, 21-22, 24, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Scheuren in view of Dyson '697 and Dyson (US 6167588, "Dyson '588").
11. Scheuren teaches a cleaner having a front end and a rear end and capable of cleaning hand surfaces, the hand surface cleaner comprising:
an apparatus body enclosing the air flow path (body comprising the walls shown in Scheuren fig. 4)
an air flow path enclosed within an apparatus body and extending from a dirty air inlet (4) to a clean air outlet (5);
an air treatment member (15) provided in the air flow path;
a motor (1) and fan (2) assembly provided in the air flow path (see Scheuren fig. 4);
a bleed valve (including valve 7 and duct 6, see Scheuren fig. 4), which, when open, enables ambient air to travel into the apparatus body, the bleed valve fluidly coupled to a portion of the airflow path between the air treatment member and the motor and fan assembly (valve 7 is between filter 15 and motor fan assembly 3, see Scheuren fig. 4);
a controller (control/evaluation unit 10, see Scheuren fig. 4 and Scheuren Translation [0013] and [0024]) operable to:
monitor an operating temperature of the motor and fan assembly (temperature of air flowing out of motor 1 is measured with downstream temperature sensor 9, see Scheuren fig. 4 and Scheuren Translation [0012]-[0013] and [0029]);
determine that the operating temperature has reached an overheat threshold temperature (determining the measured temperature has exceeded a target value, Scheuren Translation [0012] and [0029]); and,
trigger an overheat prevention response in response to determining that the operating temperature has reached an overheat threshold temperature wherein the overheat prevention response is defined to enable the motor and fan assembly to continue operating uninterrupted, (opening secondary air duct 6 with valve 7 to allow continued operation, Scheuren Translation [0019]-[0020] and [0026]-[0029]), wherein the overheat prevention response comprises opening the bleed valve (7 allows air in when temperatures are too high, see Scheuren fig. 4 and Scheuren Translation [0029]).
Scheuren does not teach that the controller is configured to subsequently determine that the operating temperature has reached a further overheat threshold temperature; and, trigger a subsequent overheat prevention response in response to determining that the operating temperature has reached the further overheat threshold temperature, wherein the subsequent overheat prevention response comprises further opening the bleed valve.
However, Dyson '697 teaches a surface cleaner comprising an air flow path from a dirty air inlet (12) to a clean air outlet, an air treatment member (18) provided in the air flow path, and a bleed valve (76) or plurality of bleed valves (20) provided in the air flow path (Dyson '697 4:32-56 and figs. 1-6), wherein the surface cleaner further comprises a sensor (94) that monitors a state variable and, in response to the sensor detecting that the state variable has exceeded a threshold or series of thresholds, opening a single bleed valve in stages ranging from fully closed to partially open, to fully open (see Dyson '697 7:53-8:42).
It would have been obvious to one of ordinary skill before the effective filing date to have modified the cleaner of Scheuren according to the teachings of Dyson '697 regarding a staged bleed valve response to a sensed state variable exceeding a threshold such that the controller was configured to subsequently determine that the operating temperature has reached a further overheat threshold temperature and trigger a subsequent overheat prevention response in response to determining that the operating temperature has reached the further overheat threshold temperature, wherein the subsequent overheat prevention response comprised further opening the bleed valve, as doing so would improve the ability to maintain adequate dust separation capabilities associated with a consistent airflow (Dyson '697 2:23-37).
Scheuren as modified does not teach the presence of an overheat indicator light on an external portion of the apparatus body; wherein the overheat prevention response comprises illuminating the overheat indicator light.
However, Dyson '588 teaches the inclusion of an overheat indicator light (34) on the body of a cleaner actuated in response to detecting a motor temperature has exceeded a threshold (see Dyson '588 figs. 1-2c and 3:25-40).
It would have been obvious to one of ordinary skill before the effective filing date to have modified the apparatus of Scheuren according to the teachings of Dyson '588 regarding an overheat indicator light such that the apparatus included an overheat indicator light on an external portion of the apparatus body; wherein the overheat prevention response comprises illuminating the overheat indicator light, as doing so represents the combination of known prior art elements according to known methods, and the results of such a modification would have been predictable to one of ordinary skill.
13. Scheuren as modified teaches the hand surface cleaner of claim 11, wherein the motor and fan assembly is provided in the air flow path downstream of the air treatment member (motor 1 and fan 2 are downstream of treatment member 15, see Scheuren fig. 4).
21. Scheuren as modified teaches the hand surface cleaner of claim 11, wherein the controller is operable to directly monitor the operating temperature of the motor and fan assembly (Scheuren teaches that the temperature of the motor body may be directly measured, see Scheuren Translation [0013]).
22. Scheuren as modified teaches the hand surface cleaner of claim 11, wherein the controller is operable to monitor the operating temperature of the motor and fan assembly by measuring an air temperature of air in the airflow path downstream of the motor and fan assembly (temperature of air flowing out of motor 1 is measured with downstream temperature sensor 9, see Scheuren fig. 4 and Scheuren Translation [0012]-[0013] and [0029]).
24. Scheuren as modified teaches the hand surface cleaner of claim 11, the overheat prevention response comprises an active cooling defined to enable the motor and fan assembly to continue operating uninterrupted (actively opening the valve to enhance cooling, see Scheuren Translation [0019]-[0020] and [0026]-[0029]).
28. Scheuren as modified teaches the hand surface cleaner of claim 11, wherein the apparatus body comprises a motor housing (outer portion of 3), the motor and fan assembly is enclosed within the motor housing (1 and 2 are in 3, see Scheuren fig. 4), and the bleed valve which, when open, enables air flow through a wall of the motor housing (bleed valve 7 provides additional air flow through the hole in the bottom wall of 3, thereby enabling flow when an upstream filter is clogged, see Scheuren fig. 4).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Scheuren in view of Dyson '697 as applied to claim 19 above, and further in view of Fogarty et al. (11647878).
26. Scheuren as modified teaches the hand surface cleaner of claim 19, but does not teach that it further comprises: an overheat indicator light on an external portion of the apparatus body; wherein the overheat prevention response comprises illuminating the overheat indicator light; and the subsequent overheat prevention response comprises increasing an intensity or frequency of illumination of the overheat indicator light.
However, Fogarty teaches a hand surface cleaner (cleaner is capable of being carried in a hand, see Fogarty fig. 1) having a front end and a rear end, the hand surface cleaner comprising: an apparatus body (external housing, see Fogarty fig. 1); an air flow path from a dirty air inlet (106) to a clean air outlet (212); an air treatment member (220) provided in the air flow path; a motor (224) and fan (222) assembly (204) provided in the air flow path (see Fogarty fig. 2); an overheat indicator light (display 318) on an external portion of the apparatus body (318 is located externally as part of user interface 302, see Fogarty fig. 3); and a controller (206) operable to:
monitor an operating temperature of the motor and fan assembly (Fogarty 10:7-19);
determine that the operating temperature has reached an overheat threshold temperature (Fogarty 10:7-19);
trigger an overheat prevention response in response to determining that the operating temperature has reached an overheat threshold temperature wherein the overheat prevention response is defined to enable the motor and fan assembly to continue operating uninterrupted (reduce a power level Fogarty 10:7-19);
subsequently determine that the operating temperature has reached a further overheat threshold temperature; and, trigger a subsequent overheat prevention response in response to determining that the operating temperature has reached the further overheat threshold temperature (reaching an additional threshold, see Fogarty 10:7-19), wherein the subsequent overheat prevention response is defined to enable the motor and fan assembly to continue operating uninterrupted (additional temperature thresholds may be associated with different warnings, see Fogarty 10:20-48);
wherein the overheat prevention response comprises illuminating the overheat indicator light (display 318 may provide light signals indicating a high temperature, see Fogarty 11:55-12:19); and the subsequent overheat prevent response comprises changing an illumination of the overheat indicator light (additional temperature thresholds may be associated with different lights representing the greater response, see Fogarty 10:20-48; lights may be defined in terms of blinking, see Fogarty 11:60-66).
Although Fogarty does not explicitly teach that changing the illumination of the light comprises increasing an intensity or frequency of the light. However, it has been held that “in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” MPEP § 2144.01, citing In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968). One of ordinary skill before the effective filing date would infer from the teachings of Fogarty that the changing light patterns should indicate increasing urgency to a user by increasing an intensity or frequency of a blinking pattern, as doing so would communicate to a user that the problem had gotten more serious.
It would have been obvious to one of ordinary skill in the art before the effective filing date to user the teachings from Fogarty of including a visual overheat user alert to further modify the cleaner of Scheuren as modified such that it included an overheat indicator light on an external portion of the apparatus body; wherein the overheat prevention response comprises illuminating the overheat indicator light; and the subsequent overheat prevention response comprises increasing an intensity or frequency of illumination of the overheat indicator light, as doing so would draw a user's attention to the problem so that they could take action in response to the overheat (Fogarty 11:15-37).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, 9-11, 13-15, 19, 21-22, 24, 26-28, and 30-32 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.
Conclusion
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/J.R.Z./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723