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 .
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-5, 8, 10-11, 14, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujiyoshi et al. (US20050247036), hereinafter Fujiyoshi.
Regarding claim 1, Fujiyoshi discloses a surface cleaning apparatus comprising:
(a) an air flow path (0072, where the discussion of the path which the air flows corresponds to an air flow path) extending from a dirty air inlet (Fig. 1 element 6) to a clean air outlet (0072, where the portion of the surface cleaning apparatus where "the air is exhausted outward from the cleaner main body 1" corresponds to a clean air outlet);
(b) a suction motor (Fig. 1 element 3) positioned in the air flow path (0072);
(c) an air treatment chamber (Figs. 1 and 49 element 2) provided in the air flow path (0072), the air treatment chamber comprising an upper end, a lower end, a front end and a rear end (see annotated Fig. 50 below); and,
(d) a porous dirt separator (Fig. 50 elements 15, 20, and 21) provided in the air treatment chamber (Fig. 50), the porous dirt separator comprising an air outlet of the air treatment chamber (see annotated Fig. 50 below), the porous dirt separator comprising an outer porous separating member (Fig. 50 elements 20 and 21) and an inner porous member (Fig. 50 element 15) that is removably positionable in the outer porous separating member (Figs. 49-50, where Fig. 49 shows the inner porous member being removed from the outer porous separating member),
wherein the outer porous separating member is rotational mounted (Figs. 49-50, 0070 and 0073) by a rotational mount (Fig. 49, where the portion of the porous dirt separator which element 13 is directly attached to corresponds to a rotational mount) between an operating position (position shown in Fig. 50) and a removal position (position shown in Fig. 49) in which the inner porous member is removable from the outer porous separating member (Fig. 49, where the inner porous member is capable of being removed from the outer porous separating member in the removal position), and
wherein the rotational mount is provided in the air treatment chamber at a forward end of the outer porous separating member (see annotated Fig. 50 below, 0070, where the rotational mount being a subset of the air treatment chamber means that the rotational mount is provided in the air threatment chamber).
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Regarding claim 2, Fujiyoshi discloses the limitations of claim 1, as described above, and further discloses a rear end of the outer porous separating member is open (see annotated Fig. 50 above, where at least the air outlet of the air treatment chamber, which is a subset of the rear end of the outer porous separating member, is open).
Regarding claim 3, Fujiyoshi discloses the limitations of claim 2, as described above, and further discloses the air flow path includes a downstream portion that extends rearwardly from the air treatment chamber to the clean air outlet (0072, where the portion of the airflow path where "the air is exhausted outward from the cleaner main body 1 by cooling the electric air blower 3 when it passes through the electric air blower 3 after dust is removed therefrom by the disposable filter 15 and the filter 14" corresponds to a downstream portion that extend rearwardly from the air treatment chamber to the clean air outlet), the air treatment chamber has a rear wall (see annotated Fig. 50' below) with an inlet port (see annotated Fig. 50 above) to the downstream portion and the rear end of the outer porous separating member is closed by the rear wall when the outer porous separating member is in the operating position (see annotated Fig. 50' below, where at least a portion of the outer porous separating member is closed by the rear wall when the outer porous separating member is in the operating position).
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Regarding claim 4, Fujiyoshi discloses the limitations of claim 3, as described above, and further discloses the inner porous member comprises a filter media (0071, where "paper" corresponds to a filter media) having an open rear end that faces the inlet port to the downstream portion when the outer porous separating member is in the operating position (see annotated Fig. 50 above, 0072, where annotated Fig. 50 shows the operating position and the surface of element 15 which faces the inlet port corresponds to a rear end, and at least a portion of the rear end is open as the air travels from element 15 to element 14).
Regarding claim 5, Fujiyoshi discloses the limitations of claim 1, as described above, and further discloses the inner porous member comprises a filter media (0071, where "paper" corresponds to a filter media).
Regarding claim 8, Fujiyoshi discloses the limitations of claim 1, as described above, and further discloses the air treatment chamber has a lower door (Fig. 49 element 21, excluding element 14) that rotates downwardly (Figs. 49-50, 0120) from an operating position (position shown in Fig. 50) to an open position (position shown in Fig. 49) and the outer porous separating member rotates downwardly to the removal position (Figs. 49-50, 0120).
Regarding claim 10, Fujiyoshi discloses a surface cleaning apparatus comprising:
(a) an air flow path (0072, where the discussion of the path which the air flows corresponds to an air flow path) extending from a dirty air inlet (Fig. 1 element 6) to a clean air outlet (0072, where the portion of the surface cleaning apparatus where "the air is exhausted outward from the cleaner main body 1" corresponds to a clean air outlet);
(b) a suction motor (Fig. 1 element 3) positioned in the air flow path (0072);
(c) an air treatment chamber (Figs. 1 and 49 element 2) provided in the air flow path (0072), the air treatment chamber having a door (Fig. 49 element 21, excluding element 14) that is moveable between an operating position (position shown in Fig. 50) and an open position (position shown in Fig. 49); and,
(d) a filter holder (Fig. 50 elements 20 and 21) that is rotational mounted (Figs. 49-50, 0070 and 0073) in the air treatment chamber between an operating position (position shown in Fig. 50) and a filter removal position (position shown in Fig. 49); and
(e) a filter media (Fig. 50 element 15, 0071, where "paper" corresponds to a filter media) that is removably positionable in the filter holder (Figs. 49-50, where Fig. 50 shows the filter media positioned in the filter holder and Fig. 49 shows the filter media being removed from the filter holder) and is removable from the filter holder when the filter holder is in the filter removal position (Fig. 49 shows the filter media being removed from the filter holder when the filter holder is in the filter removal position), the filter media having an internal cavity extending inwardly from an opening at a rear end of the filter media (see annotated Fig. 50 above and 0072, where the internal space of the filter media which the airflow travels through to reach element 14 corresponds to an internal cavity which extends inwardly from an opening at a rear end of the filter (where the surface of element 15 which faces the inlet port corresponds to a rear end, and at least a portion of the rear end has an opening as the air travels from element 15 to element 14)),
wherein the air flow path includes a downstream portion that extends rearwardly from the air treatment chamber to the clean air outlet (0072, where the portion of the airflow path where "the air is exhausted outward from the cleaner main body 1 by cooling the electric air blower 3 when it passes through the electric air blower 3 after dust is removed therefrom by the disposable filter 15 and the filter 14" corresponds to a downstream portion that extend rearwardly from the air treatment chamber to the clean air outlet) and the opening at the rear end of the filter media faces an inlet port (see annotated Fig. 50 above) to the downstream portion when the filter holder is in the operating position (see annotated Fig. 50 above, where annotated Fig. 50 shows the operating position and rear end of the filter media, as described above, aces the inlet port when the filter holder is in the operating position).
Regarding claim 11, Fujiyoshi discloses the limitations of claim 10, as described above, and further discloses a rotational mount (Fig. 49, where the portion of the filter holder which element 13 is directly attached to corresponds to a rotational mount) is provided at a forward end of the filter holder (see annotated Fig. 50 above, where forward end of outer porous separating member corresponds to a forward end of the filter holder).
Regarding claim 14, Fujiyoshi discloses the limitations of claim 10, as described above, and further discloses the door rotates downwardly from the operating position to the open position (Figs. 49-50, 0120) and the filter holder rotates downwardly to the removal position (Fig. 49, 0120).
Regarding claim 16, Fujiyoshi discloses a surface cleaning apparatus comprising:
(a) an air flow path (0072, where the discussion of the path which the air flows corresponds to an air flow path) extending from a dirty air inlet (Fig. 1 element 6) to a clean air outlet (0072, where the portion of the surface cleaning apparatus where "the air is exhausted outward from the cleaner main body 1" corresponds to a clean air outlet);
(b) a suction motor (Fig. 1 element 3) positioned in the air flow path (0072);
(c) an air treatment chamber (Figs. 1 and 49 element 2) provided in the air flow path (0072), the air treatment chamber having a door (Fig. 49 element 21, excluding element 14) that is moveable about a first mount (Fig. 49 element 13) between an operating position (position shown in Fig. 50) and an open position (position shown in Fig. 49); and,
(d) a filter holder (Fig. 50 element 20) that is rotational mounted (Figs. 49-50, 0070, 0073, and 0120, where element 20 is a subset of element 9) in the air treatment chamber about a second mount (Fig. 49, where the portion of element 21 which directly contacts element 13 corresponds to a second mount) between an operating position (position shown in Fig. 50) and a filter removal position (position shown in Fig. 49); and
(e) a filter media (Fig. 50 element 15, 0071, where "paper" corresponds to a filter media) that is removably positionable in the filter holder (Figs. 49-50, where Fig. 50 shows the filter media positioned in the filter holder and Fig. 49 shows the filter media being removed from the filter holder), the filter media having rear end (see annotated Fig. 50 above, where the surface of element 15 which faces the inlet port corresponds to a rear end),
wherein the second mount is different to the first mount (Fig. 49, where elements 13 and the portion of element 21 which directly contacts element 13 are different from each other), and
wherein the air flow path includes a downstream portion that extends rearwardly from the air treatment chamber to the clean air outlet (0072, where the portion of the airflow path where "the air is exhausted outward from the cleaner main body 1 by cooling the electric air blower 3 when it passes through the electric air blower 3 after dust is removed therefrom by the disposable filter 15 and the filter 14" corresponds to a downstream portion that extend rearwardly from the air treatment chamber to the clean air outlet) and the rear end of the filter media faces an inlet port (see annotated Fig. 50 above) to the downstream portion when the filter holder is in the operating position (see annotated Fig. 50 above, where annotated Fig. 50 shows the operating position and rear end of the filter media, as described above, aces the inlet port when the filter holder is in the operating position).
Regarding claim 17, Fujiyoshi discloses the limitations of claim 16, as described above, and further discloses the second mount is a rotational mount (Fig. 49, where the portion of element 21 which directly contacts element 13 rotates and therefore corresponds to a rotational mount) provided at a forward end of the filter holder (see annotated Fig. 50 above, where the second mount is generally located at a forward end of the filter holder).
Claims 1, 8, 10, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by a second interpretation of Fujiyoshi et al. (US20050247036), hereinafter Fujiyoshi’.
Regarding claim 1, Fujiyoshi’ discloses a surface cleaning apparatus comprising:
(a) an air flow path (0072, where the discussion of the path which the air flows corresponds to an air flow path) extending from a dirty air inlet (Fig. 1 element 6) to a clean air outlet (0072, where the portion of the surface cleaning apparatus where "the air is exhausted outward from the cleaner main body 1" corresponds to a clean air outlet);
(b) a suction motor (Fig. 1 element 3) positioned in the air flow path (0072);
(c) an air treatment chamber (Figs. 1 and 49 element 2) provided in the air flow path (0072), the air treatment chamber comprising an upper end, a lower end, a front end and a rear end (see annotated Fig. 50 below); and,
(d) a porous dirt separator (Fig. 50 elements 15 and 20) provided in the air treatment chamber (Fig. 50), the porous dirt separator comprising an air outlet of the air treatment chamber (see annotated Fig. 50'' below, where the air outlet is being interpreted to be an air outlet of the porous dirt separator which communicates with an air outlet of the air treatment chamber, which matches Applicant's definition according to at least paragraph 0071 where it is disclosed that the porous dirt separator is located between the air inlet and air outlet of the air treatment chamber and therefore the air outlet of the porous dirt separator is not the same as the final air outlet of the air treatment chamber), the porous dirt separator comprising an outer porous separating member (Fig. 50 element 20) and an inner porous member (Fig. 50 element 15) that is removably positionable in the outer porous separating member (Figs. 49-50, where Fig. 49 shows the inner porous member being removed from the outer porous separating member),
wherein the outer porous separating member is rotational mounted (Figs. 49-50, 0070, 0073, and 0120) by a rotational mount (Fig. 49, where the portion of the porous dirt separator which element 13 is directly attached to corresponds to a rotational mount) between an operating position (position shown in Fig. 50) and a removal position (position shown in Fig. 49) in which the inner porous member is removable from the outer porous separating member (Fig. 49, where the inner porous member is capable of being removed from the outer porous separating member in the removal position), and
wherein the rotational mount is provided in the air treatment member at a forward end of the outer porous separating member (see annotated Fig. 50'' below, 0120, where although the rotational mount is not shown in Fig. 50, paragraph 0120 explicitly discloses that the porous separating member (20) is "rotatable around a rotating shaft 13" and therefore there must be some structure which connects the porous separating member to the rotating shaft, and this structure is a subset of the air treatment member which makes it in the air treatment member and it is located on the forward side of the line separating the forward and rear end of the outer porous separating member and therefore is located at the forward end of the outer porous separating member).
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Regarding claim 8, Fujiyoshi’ discloses the limitations of claim 1, as described above, and further discloses the air treatment chamber has a lower door (Fig. 49 element 21, excluding element 14) that rotates downwardly (Figs. 49-50, 0120) from an operating position (position shown in Fig. 50) to an open position (position shown in Fig. 49) and the outer porous separating member rotates downwardly to the removal position (Figs. 49-50, 0120).
Regarding claim 10, Fujiyoshi’ discloses a surface cleaning apparatus comprising:
(a) an air flow path (0072, where the discussion of the path which the air flows corresponds to an air flow path) extending from a dirty air inlet (Fig. 1 element 6) to a clean air outlet (0072, where the portion of the surface cleaning apparatus where "the air is exhausted outward from the cleaner main body 1" corresponds to a clean air outlet);
(b) a suction motor (Fig. 1 element 3) positioned in the air flow path (0072);
(c) an air treatment chamber (Figs. 1 and 49 element 2) provided in the air flow path (0072), the air treatment chamber having a door (Fig. 49 element 21, excluding element 14) that is moveable between an operating position (position shown in Fig. 50) and an open position (position shown in Fig. 49); and,
(d) a filter holder (Fig. 50 element 20) that is rotational mounted (Figs. 49-50, 0070, 0073, and 0120) in the air treatment chamber between an operating position (position shown in Fig. 50) and a filter removal position (position shown in Fig. 49); and
(e) a filter media (Fig. 50 element 15, 0071, where "paper" corresponds to a filter media) that is removably positionable in the filter holder (Figs. 49-50, where Fig. 50 shows the filter media positioned in the filter holder and Fig. 49 shows the filter media being removed from the filter holder) and is removable from the filter holder when the filter holder is in the filter removal position (Fig. 49 shows the filter media being removed from the filter holder when the filter holder is in the filter removal position), the filter media having an internal cavity extending inwardly from an opening at a rear end of the filter media (see annotated Fig. 50’’ above and 0072, where the internal space of the filter media which the airflow travels through to reach element 14 corresponds to an internal cavity which extends inwardly from an opening at a rear end of the filter (where the surface of element 15 which faces the inlet port corresponds to a rear end, and at least a portion of the rear end has an opening as the air travels from element 15 to element 14)),
wherein the air flow path includes a downstream portion that extends rearwardly from the air treatment chamber to the clean air outlet (0072, where the portion of the airflow path where "the air is exhausted outward from the cleaner main body 1 by cooling the electric air blower 3 when it passes through the electric air blower 3 after dust is removed therefrom by the disposable filter 15 and the filter 14" corresponds to a downstream portion that extend rearwardly from the air treatment chamber to the clean air outlet) and the opening at the rear end of the filter media faces an inlet port (see annotated Fig. 50’’ above) to the downstream portion when the filter holder is in the operating position (see annotated Fig. 50’’ above, where annotated Fig. 50’’ shows the operating position and rear end of the filter media, as described above, aces the inlet port when the filter holder is in the operating position).
Regarding claim 14, Fujiyoshi’ discloses the limitations of claim 10, as described above, and further discloses the door rotates downwardly from the operating position to the open position (Figs. 49-50, 0120) and the filter holder rotates downwardly to the removal position (Fig. 49, 0120).
Regarding claim 16, Fujiyoshi’ discloses a surface cleaning apparatus comprising:
(a) an air flow path (0072, where the discussion of the path which the air flows corresponds to an air flow path) extending from a dirty air inlet (Fig. 1 element 6) to a clean air outlet (0072, where the portion of the surface cleaning apparatus where "the air is exhausted outward from the cleaner main body 1" corresponds to a clean air outlet);
(b) a suction motor (Fig. 1 element 3) positioned in the air flow path (0072);
(c) an air treatment chamber (Figs. 1 and 49 element 2) provided in the air flow path (0072), the air treatment chamber having a door (Fig. 49 element 21, excluding element 14) that is moveable about a first mount (Fig. 49 element 13) between an operating position (position shown in Fig. 50) and an open position (position shown in Fig. 49); and,
(d) a filter holder (Fig. 50 element 20) that is rotational mounted (Figs. 49-50, 0070 0073, and 0120) in the air treatment chamber about a second mount (Fig. 49, where the portion of element 21 which directly contacts element 13 corresponds to a second mount) between an operating position (position shown in Fig. 50) and a filter removal position (position shown in Fig. 49); and
(e) a filter media (Fig. 50 element 15, 0071, where "paper" corresponds to a filter media) that is removably positionable in the filter holder (Figs. 49-50, where Fig. 50 shows the filter media positioned in the filter holder and Fig. 49 shows the filter media being removed from the filter holder), the filter media having rear end (see annotated Fig. 50’’ above, where the surface of element 15 which faces the inlet port corresponds to a rear end),
wherein the second mount is different to the first mount (Fig. 49, where elements 13 and the portion of element 21 which directly contacts element 13 are different from each other), and
wherein the air flow path includes a downstream portion that extends rearwardly from the air treatment chamber to the clean air outlet (0072, where the portion of the airflow path where "the air is exhausted outward from the cleaner main body 1 by cooling the electric air blower 3 when it passes through the electric air blower 3 after dust is removed therefrom by the disposable filter 15 and the filter 14" corresponds to a downstream portion that extend rearwardly from the air treatment chamber to the clean air outlet) and the rear end of the filter media faces an inlet port (see annotated Fig. 50’’ above) to the downstream portion when the filter holder is in the operating position (see annotated Fig. 50’’ above, where annotated Fig. 50’’ shows the operating position and rear end of the filter media, as described above, aces the inlet port when the filter holder is in the operating position).
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 6-7, 12-13, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fujiyoshi et al. (US20050247036), hereinafter Fujiyoshi, in view of a second embodiment of Fujiyoshi et al. (US20050247036), hereinafter Fujiyoshi’’.
Regarding claim 6, Fujiyoshi discloses the limitations of claim 5, as described above, but fails to disclose the filter media is pleated.
Fujiyoshi’’ is also concerned with a surface cleaning apparatus and teaches the filter media (Fig. 51 element 15) is pleated (Figs. 51-52, 0122-0125, where the filter media being "in a pleated shape" corresponds to the filter media is pleated). It 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 to make the filter media be pleated, as taught by Fujiyoshi’’, because Fujiyoshi’’ teaches that having a pleated filter media makes "the surface area of the disposable filter 15 is increased, thereby allowing the life of the disposable filter 15 to be extended" (0125).
Regarding claim 7, Fujiyoshi discloses the limitations of claim 1, as described above, and further discloses the inner porous member comprises a filter media (0071, where "paper" corresponds to a filter media) and an open interior volume (0072, the internal space of the filter media which the airflow travels through to reach element 14 corresponds to an interior volume).
Fujiyoshi fails to disclose the filter media having pleats and, when the outer porous separating member is in the operating position, the pleats extend generally in a forward/rearward direction.
Fujiyoshi’’ is also concerned with a surface cleaning apparatus and teaches the filter media (Fig. 51 element 15) having pleats (Figs. 51-52, 0122-0125, where the filter media being "in a pleated shape" corresponds to the filter media having pleats) and, when the outer porous separating member is in the operating position, the pleats extend generally in a forward/rearward direction (Fig. 52, where Fig. 52 shows the operating position and the left to right direction corresponds to a forward/rearward direction (see annotated Fig. 50 above for front (i.e. left)/rear (i.e. right) ends). It 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 to make the filter media be pleated and to have the pleats extend generally in a forward/rearward direction when the outer porous separating member is in the operating position, as taught by Fujiyoshi’’, because Fujiyoshi’’ teaches that having a pleated filter media makes "the surface area of the disposable filter 15 is increased, thereby allowing the life of the disposable filter 15 to be extended" (0125).
Regarding claim 12, Fujiyoshi discloses the limitations of claim 10, as described above, but fails to disclose the filter media is pleated.
Fujiyoshi’’ is also concerned with a surface cleaning apparatus and teaches the filter media (Fig. 51 element 15) is pleated (Figs. 51-52, 0122-0125, where the filter media being "in a pleated shape" corresponds to the filter media is pleated). It 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 to make the filter media be pleated, as taught by Fujiyoshi’’, because Fujiyoshi’’ teaches that having a pleated filter media makes "the surface area of the disposable filter 15 is increased, thereby allowing the life of the disposable filter 15 to be extended" (0125).
Regarding claim 13, Fujiyoshi discloses the limitations of claim 10, as described above, but fails to disclose the filter media has pleats and, when the filter holder is in the operating position, the pleats extend generally in a forward/rearward direction.
Fujiyoshi’’ is also concerned with a surface cleaning apparatus and teaches the filter media (Fig. 51 element 15) has pleats (Figs. 51-52, 0122-0125, where the filter media being "in a pleated shape" corresponds to the filter media having pleats) and, when the filter holder is in the operating position, the pleats extend generally in a forward/rearward direction (Fig. 52, where Fig. 52 shows the operating position and the left to right direction corresponds to a forward/rearward direction (see annotated Fig. 50 above for front (i.e. left)/rear (i.e. right) ends). It 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 to make the filter media be pleated and to have the pleats extend generally in a forward/rearward direction when the filter holder is in the operating position, as taught by Fujiyoshi’’, because Fujiyoshi’’ teaches that having a pleated filter media makes "the surface area of the disposable filter 15 is increased, thereby allowing the life of the disposable filter 15 to be extended" (0125).
Regarding claim 18, Fujiyoshi discloses the limitations of claim 16, as described above, but fails to disclose the filter media is pleated.
Fujiyoshi’’ is also concerned with a surface cleaning apparatus and teaches the filter media (Fig. 51 element 15) is pleated (Figs. 51-52, 0122-0125, where the filter media being "in a pleated shape" corresponds to the filter media is pleated). It 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 to make the filter media be pleated, as taught by Fujiyoshi’’, because Fujiyoshi’’ teaches that having a pleated filter media makes "the surface area of the disposable filter 15 is increased, thereby allowing the life of the disposable filter 15 to be extended" (0125).
Regarding claim 19, Fujiyoshi discloses the limitations of claim 16, as described above, but fails to disclose the filter media has pleats and, when the filter holder is in the operating position, the pleats extend generally in a forward/rearward direction.
Fujiyoshi’’ is also concerned with a surface cleaning apparatus and teaches the filter media (Fig. 51 element 15) has pleats (Figs. 51-52, 0122-0125, where the filter media being "in a pleated shape" corresponds to the filter media having pleats) and, when the filter holder is in the operating position, the pleats extend generally in a forward/rearward direction (Fig. 52, where Fig. 52 shows the operating position and the left to right direction corresponds to a forward/rearward direction (see annotated Fig. 50 above for front (i.e. left)/rear (i.e. right) ends). It 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 to make the filter media be pleated and to have the pleats extend generally in a forward/rearward direction when the filter holder is in the operating position, as taught by Fujiyoshi’’, because Fujiyoshi’’ teaches that having a pleated filter media makes "the surface area of the disposable filter 15 is increased, thereby allowing the life of the disposable filter 15 to be extended" (0125).
Claims 9, 15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over the second interpretation Fujiyoshi et al. (US20050247036), hereinafter Fujiyoshi’, in view of Muir et al. (US20180132685), hereinafter Muir.
Regarding claim 9, Fujiyoshi’ discloses the limitations of claim 8, as described above, and further discloses the outer porous separating member is maintained in the operating position of the outer porous separating member when the door is opened (Fig. 50, 0120, where the outer porous separating member is capable of being maintained in the operating position when the door is opened because the outer porous separating member and the door pivot separately from each other).
Fujiyoshi’ fails to disclose, the door is biased to the open position.
Muir is also concerned with a surface cleaning apparatus and teaches the door (Fig. 3 element 324) is biased to the open position (0037). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Fujiyoshi’ discloses the invention except that the door is manually put into the open position instead of the door being biased to the open position. Muir shows that a door being biased to the open position is an equivalent structure known in the art (i.e. both door opening structures are used to open a dust containment area of a surface cleaning apparatus). Therefore, because these two door opening types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute a door being biased to the open position for a door that is manually put into the open position.
Regarding claim 15, Fujiyoshi’ discloses the limitations of claim 14, as described above, and further discloses the filter holder is maintained in the operating position of the filter holder when the door is opened (Fig. 50, 0120, where the filter holder is capable of being maintained in the operating position when the door is opened because the filter holder and the door pivot separately from each other).
Fujiyoshi’ fails to disclose, the door is biased to the open position.
Muir is also concerned with a surface cleaning apparatus and teaches the door (Fig. 3 element 324) is biased to the open position (0037). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Fujiyoshi’ discloses the invention except that the door is manually put into the open position instead of the door being biased to the open position. Muir shows that a door being biased to the open position is an equivalent structure known in the art (i.e. both door opening structures are used to open a dust containment area of a surface cleaning apparatus). Therefore, because these two door opening types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute a door being biased to the open position for a door that is manually put into the open position.
Regarding claim 20, Fujiyoshi’ discloses the limitations of claim 16, as described above, and further discloses the filter holder is maintained in the operating position of the filter holder when the door is opened (Fig. 50, 0120, where the filter holder is capable of being maintained in the operating position when the door is opened because the filter holder and the door pivot separately from each other).
Fujiyoshi’ fails to disclose, the door is biased to the open position.
Muir is also concerned with a surface cleaning apparatus and teaches the door (Fig. 3 element 324) is biased to the open position (0037). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Fujiyoshi’ discloses the invention except that the door is manually put into the open position instead of the door being biased to the open position. Muir shows that a door being biased to the open position is an equivalent structure known in the art (i.e. both door opening structures are used to open a dust containment area of a surface cleaning apparatus). Therefore, because these two door opening types were art-recognized equivalents at the time the invention was made, one of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to substitute a door being biased to the open position for a door that is manually put into the open position.
Response to Arguments
Applicant's arguments filed 1/19/2026 regarding claims 1 and 10 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues that Fujiyoshi fails to disclose the rotational mount is “in the air treatment chamber” because the rotational mount (13) of Fujiyoshi is located outside of the air treatment chamber. Examiner respectfully disagrees. Examiner finds that examiner has interpreted element 2 (which encapsulates all of the elements shown in Figs. 49-50) to be the claimed air treatment member and because the rotational mount is a subset of the air treatment member, the rotational mount is also “in the air treatment member”.
Regarding claim 10, Applicant argues that the “interconnected network of pores” which the paper filter of Fujiyoshi has does not read on “the filter media having an internal cavity extending inwardly from an opening at a rear of the filter media” because the porous structure of the filter of Fujiyoshi does not define any specific internal cavity nor does it have a defined opening at a rear end of the filter media. Examiner respectfully disagrees. Examiner finds that the porous filter of Fujiyoshi does define an internal cavity (i.e. an empty space within a solid object) and that there are actually a plurality of openings at a rear end of the filter media because any area where air exits the filter the rear of the filter media is considered an opening.
Applicant’s arguments with respect to the rejection of claim 16 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 102 as being anticipated by Fujiyoshi et al. (US20050247036) as well as a second interpretation of Fujiyoshi et al. (US20050247036).
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.
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/C.A.H./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723