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 02/17/2026. Claims 1-20 are pending; claims 8 and 11 are withdrawn; claims 1-7, 9-10, and 12-20 are rejected.
The previously filed 35 USC 112(f) claim interpretation in claim 9 and 35 USC 112(b) rejection have been withdrawn, as necessitated by amendments.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 17-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 17 recites, “when the bag is positioned in the collection chamber and the lid is closed, the bag overlies the chamber end wall and at least a portion of the chamber sidewall and the air treatment member air inlet are adjacent the lateral chamber sidewall” in ll. 5-7 of the claim. There is insufficient antecedent basis for “the lateral chamber sidewall” in the claim. It is unclear to the Examiner whether “the lateral chamber sidewall” is referring to “a chamber sidewall” from ll. 3 of the claim or referring to a new sidewall, separate from the chamber sidewall. The Examiner notes if “the lateral chamber sidewall” is the same as the “chamber sidewall” it is additionally unclear how at least a portion of said chamber sidewall and air treatment air inlet are adjacent the same said chamber sidewall. For examination purposes and as best understood, at least a portion of the chamber sidewall and the air treatment member air inlet are adjacent, as shown in figs. 4-5.
Claim 17, ll. 5-7, --when the bag is positioned in the collection chamber and the lid is closed, the bag overlies the chamber end wall and at least a portion of the chamber sidewall and the air treatment member air inlet are adjacent
Claim 18 is rejected accordingly under 35 USC 112(b) since it is dependent on claim 17.
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.
Claims 1-7, 12, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor (GB 2141635).
Regarding claim 1, Taylor (GB 2141635) discloses a surface cleaning apparatus (fig. 1) comprising:
(a) an air flow path (defined as arrowed pathway in view of fig. 1) from a dirty air inlet (designated in annotated fig. 1 below) to a clean air outlet (designated in annotated fig. 1 below) with a motor and fan assembly (not explicitly shown; p. 2, ll. 37 in NPL) positioned in the air flow path (fig. 1); and,
(b) an air treatment member (includes items 13, 52, 56; fig. 1) comprising a collection chamber (defined as chamber within item 2; fig. 1), a lid (item 13; fig. 1), an air inlet (includes items 8, 60, 61, 62; fig. 1) and an air outlet (includes items 63, 64 and duct through lid 13 not explicitly shown, p. 2, ll. 36-37; fig. 1),
wherein the lid is moveable from a closed position (defined as position in view of fig. 1) in which the collection chamber is closed and an open position in which the collection chamber is open (not explicitly shown; defined as position when lid 13 is removed from lower case 2; p. 2, ll. 35-36), and
wherein a bag (item 52; p. 2, ll. 64; fig. 1) is positionable in the collection chamber when the lid is open (the bag 52 is capable of being positioned in collection chamber when lid 13 is removed), and
wherein the lid comprises the air treatment member air inlet (p. 2, ll. 40; fig. 1) whereby, when the bag is positioned in the collection chamber and the lid is closed (position of fig. 1), the collection chamber is downstream from the dirty air inlet and at least a portion of the air treatment member air inlet is positioned above an upper end of the bag (upper end of bag designated in annotated fig. 1 below; entire air treatment air inlet is above said upper end), and
wherein, when the bag is positioned in the collection chamber and the lid is closed (position of fig. 1), the air treatment member air inlet opens directly into the collection chamber (air treatment air inlet enters directly into chamber within item 2 to lead directly into collection bag 52; fig. 1) and the air treatment member air outlet opens directly from the collection chamber (air treatment air outlet opens directly from chamber within item 2; fig. 1) and a portion of the air flow path between the air treatment member air inlet and the air treatment member air outlet extends within the collection chamber (p. 3, ll. 29-37; defined by arrowed pathway from inlet, through collection chamber via baffle 65, and into outlet; fig. 1).
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First Annotated Fig. 1.
Regarding claim 2, Taylor discloses the surface cleaning apparatus as claimed in claim 1, wherein the air treatment air inlet is located in a sidewall of the lid (air treatment air inlet extends through sidewall 57 of lid; fig. 1).
Regarding claim 3, Taylor discloses the surface cleaning apparatus as claimed in claim 2, wherein the air treatment member air inlet comprises a tangential air inlet (air treatment member air inlet includes items 61, 62 extending tangentially from item 60 directly into bag 52; fig. 1).
Regarding claim 4, Taylor discloses the surface cleaning apparatus as claimed in claim 1, wherein the air treatment air inlet extends through a sidewall of the lid (portion of air treatment air inlet 61, 62 extends through sidewall 57 of lid; fig. 1).
Regarding claim 5, Taylor discloses the surface cleaning apparatus as claimed in claim 4, wherein the air treatment member air inlet comprises a tangential air inlet (air treatment member air inlet includes items 61, 62 extending tangentially from item 60 directly into bag 52; fig. 1).
Regarding claim 6, Taylor discloses the surface cleaning apparatus as claimed in claim 1, wherein the lid comprises an upper wall of the collection chamber (item 57; fig. 1) and an outlet end (designated in annotated fig. 1 above) of the air treatment member air inlet extends through the upper wall (outlet end extends downwardly through upper wall; fig. 1).
Regarding claim 7, Taylor discloses the surface cleaning apparatus as claimed in claim 6, wherein the outlet end of the air treatment air inlet extends downwardly through the upper wall (designated in annotated fig. 1 above) and comprises a tangential air inlet (air treatment member air inlet includes items 61, 62 extending tangentially from item 60 directly into bag 52; fig. 1).
Regarding claim 12, Taylor discloses the surface cleaning apparatus as claimed in claim 1, wherein, when the bag is positioned in the collection chamber and the lid is closed (position of fig. 1), an outlet end of the air treatment air inlet (designated in annotated fig. 1 above) is positioned above the upper end of the bag (fig. 1).
Regarding claim 17, as best understood, Taylor discloses the surface cleaning apparatus as claimed in claim 1, wherein the collection chamber includes an end wall (designated in second annotated fig. 1 below) opposite the lid when the lid is closed (end wall is defined on opposite side of item 2 relative to lid 13 when in closed position), and the collection chamber includes a chamber sidewall (designated in second annotated fig. 1 below) extending from the end wall towards the lid when the lid is closed (extends in direction along arrow in annotated fig. 1 below), and
when the bag is positioned in the collection chamber and the lid is closed, the bag overlies the chamber end wall (the bag 52 extends along end wall when lid 13 is closed; fig. 1) and at least a portion of the chamber sidewall and the air treatment member air inlet are adjacent (an upper portion of the chamber sidewall and lower end of air treatment air inlet, i.e. items 61, 62, are adjacent).
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Second Annotated Fig. 1.
Regarding claim 18, Taylor discloses the surface cleaning apparatus as claimed in claim 17, wherein, when the bag is positioned in the collection chamber and the lid is closed (position of fig. 1), the air treatment member air inlet is adjacent a wall of the bag (designated in second annotated fig. 1 above) and positioned to direct the air flow path across a surface of the wall of the bag (a portion of air treatment air inlet, i.e. items 61, 62, is positioned to direct air flow path at the wall and thereby, across a surface of the bag to move within bag and pass by deflector 65 and through outlet).
Regarding claim 19, Taylor discloses the surface cleaning apparatus as claimed in claim 1, wherein the lid comprises the air treatment member air outlet (fig. 1) and, when the bag is positioned in the collection chamber and the lid is closed (position of fig. 1), the air treatment member air outlet extends towards an end wall of the chamber (designated in second annotated fig. 1 above; air outlet extends downward toward the end wall) opposite the lid with an air permeable portion of the air outlet (defined as opening 64 of air outlet structure) facing a portion of the bag that overlying a sidewall of the chamber (opening 64 of air outlet faces a side portion of bag that overlies a sidewall, i.e. designated in second annotated fig. 1 above, of chamber; fig. 1), the sidewall extending from the end wall towards the lid (sidewall extends from lower end wall in a direction towards the lid 13; fig. 1).
Regarding claim 20, Taylor discloses the surface cleaning apparatus as claimed in claim 1, wherein the lid further comprises the air treatment member air outlet (air treatment air outlet disposed within and extending through lid 13; fig. 1) and a deflector (item 65; p. 3, ll. 35-37; fig. 1) positioned between the air treatment member air inlet and the air treatment member air outlet (fig. 1) and, when the bag is positioned in the collection chamber and the lid is closed, a lower end (designated in second annotated fig. 1 above) of the deflector is below the upper end of the bag (the lower end of the deflector 65 is below at least a portion of the upper end of the bag 52; annotated figs. 1 above).
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 9- 10 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor (GB2141635) in view of Disanza (US Patent No. 6,018,843).
Regarding claim 9, Taylor discloses the surface cleaning apparatus as claimed in claim 1, but does not explicitly disclose a pneumatic bag retainer.
However, Disanza (US Patent No. 6,018,843) teaches a surface cleaning apparatus with bag (item 4; fig. 1) disposed in a collection chamber (defined as chamber within 1; fig. 1), wherein the apparatus comprises a pneumatic bag retainer (includes items 13, 16, 17; fig. 1), separate from an air treatment air inlet (item 11; fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the surface cleaning apparatus, as disclosed in Taylor, to include a pneumatic bag retainer, as taught in Disanza, in order to maintain the bag against the inner surface of the collection chamber to enable depositing material therein when the power, e.g. suction motor, is activated (Disanza; col. 3, ll. 4-9).
Regarding claim 10, Taylor as modified discloses the surface cleaning apparatus as claimed in claim 9, further comprising a pre-motor filter (item 15; fig. 1) in the air flow path upstream of the motor and fan assembly (p. 2, ll. 32-40; airflow passes through filter 15 prior to passing through duct of upper lid which leads to motor-fan assembly, not explicitly shown), and wherein the pneumatic bag retainer comprises a vacuum line (Disanza; defined as conduit line 13 providing negative pressure; col. 3, ll. 4-5; fig. 1), and a downstream end of the vacuum line (Disanza; defined as end at connector 16; fig. 1) opens into the air flow path upstream of the pre-motor filter (downstream end of vacuum line opens into air flow path prior to exiting via air treatment air outlet, i.e. upstream of pre-motor filter, corresponding to pre motor filter in Taylor).
Claims 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Taylor (GB2141635) and in view of Conrad (US Patent No. 9,204,773).
Regarding claim 13, Taylor discloses the surface cleaning apparatus as claimed in claim 1, but does not explicitly disclose wherein an outlet end (defined as end at items 61, 62; fig. 1) of the air treatment member air inlet is non-circular.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outlet end of the air treatment air inlet to be formed in a non-circular cross-section since it has been held that unless a new and unexpected result is produced, a change of shape of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.04.IV-B). Conrad (US Patent No. 9,204,773) teaches a cleaner (figs. 1-2) comprising an air treatment member (item 4), an air treatment air inlet (item 42; fig. 13), and an outlet end of the air treatment member air inlet (defined as end of inlet flowing directly into air treatment chamber 10; fig. 13), wherein the outlet end of the air treatment member air inlet may be any suitable shape, such as non-circular including, oval, square, and rectangular (col. 12, ll. 7-28). Therefore, absent any new or unexpected results, it would have been obvious to change the shape of the outlet end, in view of the teachings of Conrad, since such a modification would yield the same results of discharging the air into the air treatment member to further filter and separate the dust and debris from the suctioned air, and in view of Conrad, there are reasonable expectations of success. Please note that in the instant application, pp. [00451], the application has not disclosed any criticality for the claimed limitations.
Regarding claim 14, Taylor discloses the surface cleaning apparatus as claimed in claim 13, but does not explicitly disclose wherein the outlet end of the air treatment member air inlet is polygonal.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outlet end of the air treatment air inlet to be formed in a polygonal cross-section since it has been held that unless a new and unexpected result is produced, a change of shape of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.04.IV-B). Conrad (US Patent No. 9,204,773) teaches a cleaner (figs. 1-2) comprising an air treatment member (item 4), an air treatment air inlet (item 42; fig. 13), and an outlet end of the air treatment member air inlet (defined as end of inlet flowing directly into air treatment chamber 10; fig. 13), wherein the outlet end of the air treatment member air inlet may be any suitable shape, including, oval, square, and rectangular (col. 12, ll. 7-28). Therefore, absent any new or unexpected results, it would have been obvious to change the shape of the outlet end to a polygonal shape, e.g. square or rectangle, in view of the teachings of Conrad, since such a modification would yield the same results of discharging the air into the air treatment member to further filter and separate the dust and debris from the suctioned air, and in view of Conrad, there are reasonable expectations of success. Please note that in the instant application, pp. [00451], the application has not disclosed any criticality for the claimed limitations.
Regarding claim 15, Taylor discloses the surface cleaning apparatus as claimed in claim 13, but does not explicitly disclose wherein the outlet end of the air treatment member air inlet is oval.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outlet end of the air treatment air inlet to be formed in an oval cross-section since it has been held that unless a new and unexpected result is produced, a change of shape of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.04.IV-B). Conrad (US Patent No. 9,204,773) teaches a cleaner (figs. 1-2) comprising an air treatment member (item 4), an air treatment air inlet (item 42; fig. 13), and an outlet end of the air treatment member air inlet (defined as end of inlet flowing directly into air treatment chamber 10; fig. 13), wherein the outlet end of the air treatment member air inlet may be any suitable shape, including oval (col. 12, ll. 7-28). Therefore, absent any new or unexpected results, it would have been obvious to change the shape of the outlet end to an oval, in view of the teachings of Conrad, since such a modification would yield the same results of discharging the air into the air treatment member to further filter and separate the dust and debris from the suctioned air, and in view of Conrad, there are reasonable expectations of success. Please note that in the instant application, pp. [00451], the application has not disclosed any criticality for the claimed limitations.
Regarding claim 16, Taylor discloses the surface cleaning apparatus as claimed in claim 13, wherein an inlet end (defined as end through item 60; fig. 1) of the air treatment member air inlet is circular (cross-section of inlet end is circular, i.e. cylindrical tubing).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because 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 Taylor (GB2141635). The same teaching reference, Conrad (US Patent No. 9,204,773), from Non-Final Rejection filed on 11/18/2025 is utilized in the above rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu (US 2019/0380549) discloses a surface cleaning apparatus comprising an air flow path, an air treatment member comprising a collection chamber, a lid, an air inlet, and an air outlet, and wherein the lid is moveable between closed and open positions, and wherein a bag is positionable in the collection chamber when the lid is open.
Archbold (US 2009/0007367) discloses a surface cleaning apparatus comprising an air flow path, an air treatment member comprising a collection chamber, a lid, an air inlet opening directly into a bag positioned within the collection chamber, and an air outlet, and wherein the lid is moveable between open and closed positions.
Laliberte (US Patent No. 8,966,705) discloses a surface cleaning apparatus comprising an air flow path, an air treatment member comprising a collection chamber, a lid, an air inlet opening directly into a bag positioned within the collection chamber, and an air outlet, and wherein the lid is moveable between open and closed positions.
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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/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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