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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s):
“a dirt collection region of the second surface cleaning apparatus is connected in air flow communication with the first air treatment member” as recited in claim 22.
“the clean air outlet is positioned upstream of a suction motor of the second surface cleaning apparatus whereby the suction motor of the second surface cleaning apparatus is operable to provide air flow through the first air flow path of the hand carriable surface cleaning apparatus” as recited in claim 23.
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 15 is objected to because of the following informalities: the second iteration of “an open end of the refuse unit” should read --the open end of the refuse unit-- as “an open end of the refuse unit” is previously recited in claim 15. Appropriate correction is required.
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.
Claims 22-23 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.
Regarding claim 22, it is unclear to examiner whether the second surface cleaning apparatus is required to be a part of the hand carriable surface cleaning apparatus or whether the hand carriable surface cleaning apparatus simply needs to be capable of accepting a second surface cleaning apparatus. Specifically, claim 22 recites “a dirt collection region of the second surface cleaning apparatus is connected in air flow communication with the first air treatment member”, but examiner finds that this may not be true for every kind of surface cleaning apparatus which is capable of docking in the hand carriable surface cleaning apparatus. For the sake of compact prosecution and for use in this office action, examiner is interpreting all limitations surrounding “a second surface cleaning apparatus” to be purely functional and not positively claimed elements (i.e. the hand carriable surface cleaning apparatus must simply be capable of receiving/docking a second surface cleaning apparatus which meets the claimed functions).
Examiner notes that claim 23 also contains functional language drawn toward the second surface cleaning apparatus of “the clean air outlet is positioned upstream of a suction motor of the second surface cleaning apparatus whereby the suction motor of the second surface cleaning apparatus is operable to provide air flow through the first air flow path of the hand carriable surface cleaning apparatus” and that these limitations will also be interpreted as being purely functional and not positively claimed elements.
Claim Rejections - 35 USC § 103
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 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, 6-7, 13, 15, 22-25, and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al. (US20200129025), hereinafter Zhong, in view of Windrich (US20080250600).
Regarding claim 1, Zhong discloses a hand carriable surface cleaning apparatus (all elements shown in Fig. 27) comprising:
(a) an air treatment unit (Fig. 27 elements 100 and 75) comprising:
(i) a first air flow path (the airflow path shown in Fig. 3, 0127) from a first dirty air inlet (Fig. 3 element 12) to a clean air outlet (Fig. 3 element 32); and,
(ii) a first air treatment member (Fig. 1 element 1) comprising a first air treatment chamber (Fig. 9 element 133, 0132) and a first dirt collection region (Fig. 3, the interior space defined by elements 11 and 15), the first dirt collection region having an emptying door (Fig. 1 element 15) which is operable between a closed position (position shown in Fig. 5) and an open position (position shown in Fig. 6),
(b) a refuse unit (Fig. 13 element 74) mounted to the air treatment unit in a position to receive dirt from the first dirt collection region when the emptying door of the first dirt collection region is in the open position (Fig. 27, 0157-0158, where "The dust bin 7 has an abutting portion for controlling the dust cup cover of the handheld vacuum cleaner to automatically open" corresponds to the emptying door being in the open position and where dust is "dumped into the dust chamber 71" corresponds to being capable of receiving dirt form the first dirt collection region), the refuse unit comprising a refuse container (Fig. 13 element 74);
(c) an accessory cleaning tool (Fig. 35 elements 200 and 300) that is removably connectable to the dirty air inlet (Fig. 35 shows the accessory cleaning tool connected to the dirty air inlet and the accessory cleaning tool is capable of being removed) and;
(d) a handle (Fig. 3 element 4),
wherein the air treatment unit is operable in a first operating mode in which the hand carriable surface cleaning apparatus is carried by the handle, the first air treatment member is in air flow communication with the dirty air inlet and the emptying door of the first dirt collection region is in the closed position (the mode shown in Fig. 3 corresponds to a first operating mode, 0127 and 0135) to fluidically isolate the refuse unit from the first air flow path (Fig. 3, where the first dirt collection region being in the closed position and the air treatment unit being separated from the refuse unit means that the refuse unit is fluidically isolated from the first air flow path), and
wherein the air treatment unit is operable in a second operating mode (Fig. 27, 0156-0158 and 0175, where the “first position” corresponds to a second operating mode) in which air flow through the first air treatment member is terminated (0158, where when the dust is "dumped into the dust chamber 71" when "the handheld vacuum cleaner is not working", there is no active airflow being caused by the motor of the air treatment unit) and the emptying door of the first dirt collection region is in the open position whereby dirt is transferable to the refuse container while the refuse container is at atmospheric pressure (0157-0158, where "The dust bin 7 has an abutting portion for controlling the dust cup cover of the handheld vacuum cleaner to automatically open" corresponds to the emptying door being in the open position and the refuse container will be at atmospheric pressure when the dust is "dumped into the dust chamber 71" when "the handheld vacuum cleaner is not working").
Zhong fails to disclose the refuse container is made of cellulose or is a disposable bag.
Windrich is also concerned with a hand carriable surface cleaning apparatus and teaches the refuse container (Fig. 2 element 2) is a disposable bag (0024, where element 2 is capable of being disposed). 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 modify the hand carriable surface cleaning apparatus of Zhong to make the refuse container be a disposable bag, as taught by Windrich, because Windrich teaches that having a disposable bag which is capable of flexing allows for minimum height of the hand carriable surface cleaning apparatus "for the purposes of transportation" and a maximum height “for use, thus providing a large capacity of the collection container” (0005).
Regarding claim 6, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the refuse container is the disposable bag (Windrich, Fig. 2 element 2, 0024), and the surface cleaning apparatus further comprises a refuse container holder (Zhong, Fig. 13 element 75) which removably receives the disposable refuse container (Zhong, 0162).
Zhong, as modified, fails to disclose that the refuse container holder is height adjustable.
Windrich is also concerned with a hand carriable surface cleaning apparatus and teaches a height adjustable refuse container holder (Fig. 2 elements 10 and 14, 0022-0023 where "the axial extension of which is variable" corresponds to the refuse container holder being height adjustable) which removably receives the disposable refuse container (0023). 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 modify the hand carriable surface cleaning apparatus of Zhong, Zhong, as modified, to replace the refuse container holder of Zhong, as modified, with the height adjustable refuse container holder taught by Windrich, because Windrich teaches that having a height adjustable refuse container holder which removably receives the disposable refuse container allows for minimum height of the hand carriable surface cleaning apparatus "for the purposes of transportation" and a maximum height “for use, thus providing a large capacity of the collection container” (0005).
Regarding claim 7, Zhong, as modified, discloses the limitations of claim 6, as described above, and further discloses the height adjustable refuse container holder is removably connectable with the air treatment unit (Windrich, 0027, where “the upper part 3” corresponds to an air treatment unit).
Regarding claim 13, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the first air treatment chamber comprises a cyclone (Zhong, Fig. 7 element 132, 0132) and the first dirt collection region comprises a dirt collection chamber (Zhong, Fig. 3 element 22) in communication with the cyclone chamber via a cyclone chamber dirt outlet (Zhong, Fig. 7 element 139, 0135).
Regarding claim 15, Zhong discloses an apparatus (all elements shown in Fig. 27) comprising:
(a) a hand carriable surface cleaning apparatus (Fig. 27 element 100) comprising:
(i) a first air flow path (the airflow path shown in Fig. 3, 0127) from a first dirty air inlet (Fig. 3 element 12) to a clean air outlet (Fig. 3 element 32); and,
(ii) a first air treatment member (Fig. 1 element 1) comprising a first air treatment chamber (Fig. 9 element 133, 0132) and a first dirt collection region (Fig. 3, the interior space defined by elements 11 and 15), the first dirt collection region having an emptying door (Fig. 1 element 15) which is operable between a closed position (position shown in Fig. 5) and an open position (position shown in Fig. 6),
(iii) a handle (Fig. 3 element 4)
(b) a refuse unit (Fig. 13 element 7) comprising a refuse container (Fig. 13 element 74);
wherein the hand carriable surface cleaning apparatus is operable in a first surface cleaning operating mode in which the hand carriable surface cleaning apparatus is positioned on the refuse unit and closes an open end (Fig. 27 element 72) of the refuse unit (0175, where the “second position” corresponds to the hand carriable surface cleaning apparatus being positioned on the refuse unit and closing the open end of the refuse unit) and the emptying door of the first dirt collection region is in the closed position whereby the refuse unit is fluidically isolated from the first air flow path (0175, where when element 754, shown in Fig. 17, is in the “second position” the emptying door is in the closed position whereby the refuse unit is fluidically isolated from the first airflow path) and the hand carriable surface cleaning apparatus is used to clean a surface whereby dirt is collected in the first dirt collection region (the mode shown in Fig. 3 corresponds to a first surface cleaning operating mode, 0127 and 0135), and
wherein the hand carriable surface cleaning apparatus is operable in an emptying mode (Fig. 27, 0156-0158 and 0175, where the “first position” corresponds to an emptying mode), in which the hand carriable surface cleaning apparatus is positioned on the refuse unit and closes an open end of the refuse unit (Fig. 27, where element 72 corresponds to an open end of the refuse unit), air flow through the first air treatment member is terminated (0158, where when the dust is "dumped into the dust chamber 71" when "the handheld vacuum cleaner is not working" there is no active airflow being caused by the motor of the hand carriable surface cleaning apparatus) and the emptying door of the first dirt collection region is open whereby dirt is transferable to the refuse container while the refuse container is at atmospheric pressure (0157-0158, where "The dust bin 7 has an abutting portion for controlling the dust cup cover of the handheld vacuum cleaner to automatically open" corresponds to the emptying door being open and the refuse container will be at atmospheric pressure when the dust is "dumped into the dust chamber 71" when "the handheld vacuum cleaner is not working"), and
wherein the refuse container is carriable with the hand carriable surface cleaning apparatus while the hand carriable surface cleaning apparatus is operated to remove material from a surface (0159).
Zhong fails to disclose the refuse container is made of cellulose or is a disposable bag.
Windrich is also concerned with a hand carriable surface cleaning apparatus and teaches the refuse container (Fig. 2 element 2) is a disposable bag (0024, where element 2 is capable of being disposed). 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 modify the hand carriable surface cleaning apparatus of Zhong to make the refuse container be a disposable bag, as taught by Windrich, because Windrich teaches that having a disposable bag which is capable of flexing allows for minimum height of the hand carriable surface cleaning apparatus "for the purposes of transportation" and a maximum height “for use, thus providing a large capacity of the collection container” (0005).
Regarding claim 22, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the hand carriable surface cleaning apparatus comprises a docking station for a second surface cleaning apparatus (Zhong, Fig. 25, where the top lip of element 75 corresponds to a docking station for a second surface cleaning apparatus), including a support to hold the second surface cleaning apparatus when the second surface cleaning apparatus is docked with the hand carriable surface cleaning apparatus (Zhong, Fig. 25, where the portion of the top lip of element 75 which is directly in front of the dirty air inlet of the air treatment unit (100) corresponds to a support which is capable of holding a second surface cleaning apparatus when the second surface cleaning apparatus is docked with the hand carriable surface cleaning apparatus), wherein, when the second surface cleaning apparatus is docked with the hand carriable surface cleaning apparatus and held by the support and the hand carriable surface cleaning apparatus is operated in the first operating mode, a dirt collection region of the second surface cleaning apparatus is connected in air flow communication with the first air treatment member (Zhong, Fig. 25, as discussed in the 112(b) section above this limitation is considered purely functional and examiner finds that the hand carriable surface cleaning apparatus is capable of receiving a second surface cleaning apparatus which would function as claimed when the hand carriable surface cleaning apparatus is operated in the first operating mode).
Regarding claim 23, Zhong, as modified, discloses the limitations of claim 22, as described above, and further discloses when the second surface cleaning apparatus is docked with the hand carriable surface cleaning apparatus and held by the support and the hand carriable surface cleaning apparatus is operated in the first operating mode, the clean air outlet is positioned upstream of a suction motor of the second surface cleaning apparatus whereby the suction motor of the second surface cleaning apparatus is operable to provide air flow through the first air flow path of the hand carriable surface cleaning apparatus (Zhong, Fig. 25, as discussed in the 112(b) section above this limitation is considered purely functional and examiner finds that the hand carriable surface cleaning apparatus is capable of receiving a second surface cleaning apparatus which would function as claimed when the hand carriable surface cleaning apparatus is operated in the first operating mode).
Regarding claim 24, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the refuse container is the disposable bag and is a plastic garbage bag (Windrich, 0024, where “plastics material skin” corresponds to plastic and the bag being capable of holding garbage corresponds to “garbage bag”).
Regarding claim 25, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the refuse unit (Windrich, Fig. 2 element 2) consists of the plastic garbage bag (Windrich, Fig. 2 element 2).
Regarding claim 27, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the refuse container is the disposable bag (Windrich, Fig. 2 element 2), and the disposable bag is mounted directly to the air treatment unit (Zhong, Figs. 14, 16, and 27, 0163).
Regarding claim 28, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the refuse container is the disposable bag, and the disposable bag is not constructed to remain open under depressurization (Windrich, 0024, where the refuse container (2) being a bag which is capable of flexing (i.e. a flexible bag) meets this limitation according to paragraph 00189 of Applicant’s specification which discusses this limitation being met “if the refuse unit is or includes a flexible bag”).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al. (US20200129025), hereinafter Zhong, in view of Windrich (US20080250600), and as further evidenced by Muhlenkamp et al. (US20110225764), hereinafter Muhlenkamp.
Regarding claim 21, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the air treatment unit comprises a second dirt collection region discrete from the first dirt collection region, and the first and second dirt collection regions are concurrently openable by opening the emptying door (Zhong, 0138, where “In other embodiments, the cyclone 132 may be a multi-stage cyclone structure. That is, in the flow direction of the air flow, the cyclone chamber 133 includes a plurality of cyclone chambers that are sequentially connected” is understood to one of ordinary skill in the art, as evidenced by Muhlenkamp (see Fig. 2 and 0032), to mean that there would also be multiple (i.e. at least a second) dirt collection regions which would each open concurrently by opening the emptying door).
Claims 1 and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al. (US20200129025), hereinafter Zhong, in view of Laliberte et al. (US20130031740), hereinafter Laliberte.
Regarding claim 1, Zhong discloses a hand carriable surface cleaning apparatus (all elements shown in Fig. 27) comprising:
(a) an air treatment unit (Fig. 27 elements 100 and 75) comprising:
(i) a first air flow path (the airflow path shown in Fig. 3, 0127) from a first dirty air inlet (Fig. 3 element 12) to a clean air outlet (Fig. 3 element 32); and,
(ii) a first air treatment member (Fig. 1 element 1) comprising a first air treatment chamber (Fig. 9 element 133, 0132) and a first dirt collection region (Fig. 3, the interior space defined by elements 11 and 15), the first dirt collection region having an emptying door (Fig. 1 element 15) which is operable between a closed position (position shown in Fig. 5) and an open position (position shown in Fig. 6),
(b) a refuse unit (Fig. 13 element 74) mounted to the air treatment unit in a position to receive dirt from the first dirt collection region when the emptying door of the first dirt collection region is in the open position (Fig. 27, 0157-0158, where "The dust bin 7 has an abutting portion for controlling the dust cup cover of the handheld vacuum cleaner to automatically open" corresponds to the emptying door being in the open position and where dust is "dumped into the dust chamber 71" corresponds to being capable of receiving dirt form the first dirt collection region), the refuse unit comprising a refuse container (Fig. 13 element 74);
(c) an accessory cleaning tool (Fig. 35 elements 200 and 300) that is removably connectable to the dirty air inlet (Fig. 35 shows the accessory cleaning tool connected to the dirty air inlet and the accessory cleaning tool is capable of being removed) and;
(d) a handle (Fig. 3 element 4),
wherein the air treatment unit is operable in a first operating mode in which the hand carriable surface cleaning apparatus is carried by the handle, the first air treatment member is in air flow communication with the dirty air inlet and the emptying door of the first dirt collection region is in the closed position (the mode shown in Fig. 3 corresponds to a first operating mode, 0127 and 0135) to fluidically isolate the refuse unit from the first air flow path (Fig. 3, where the first dirt collection region being in the closed position and the air treatment unit being separated from the refuse unit means that the refuse unit is fluidically isolated from the first air flow path), and
wherein the air treatment unit is operable in a second operating mode (Fig. 27, 0156-0158 and 0175, where the “first position” corresponds to a second operating mode) in which air flow through the first air treatment member is terminated (0158, where when the dust is "dumped into the dust chamber 71" when "the handheld vacuum cleaner is not working", there is no active airflow being caused by the motor of the air treatment unit) and the emptying door of the first dirt collection region is in the open position whereby dirt is transferable to the refuse container while the refuse container is at atmospheric pressure (0157-0158, where "The dust bin 7 has an abutting portion for controlling the dust cup cover of the handheld vacuum cleaner to automatically open" corresponds to the emptying door being in the open position and the refuse container will be at atmospheric pressure when the dust is "dumped into the dust chamber 71" when "the handheld vacuum cleaner is not working").
Zhong fails to disclose the refuse container is made of cellulose or is a disposable bag.
Laliberte is also concerned with a hand carriable surface cleaning apparatus and teaches the refuse container (Fig. 1 element 70) is a disposable bag (0045, 0012, and 0073, where the bag being “recyclable material such as paper” means the bag is disposable). Pursuant of MPEP 2144.06-II, it has been held obvious to substitute equivalents for the same purpose. Zhong discloses the invention except that the refuse container is a solid, nonflexible container instead of a disposable bag. Laliberte shows that a disposable bag is an equivalent structure known in the art (i.e. both structures are used to collect debris from an upstream air treatment unit). Therefore, because these two refuse container 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 disposable bag for a solid, nonflexible container.
Regarding claim 26, Zhong, as modified, discloses the limitations of claim 1, as described above, and further discloses the refuse container is the disposable bag and is formed of paper (Laliberte, 0012).
Response to Arguments
Applicant's arguments filed 6/3/2026 have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues that amended claim 1 now requires that the first air treatment unit is coupled to the refuse unit while the air treatment unit is operating in the first operating mode and that the emptying door is closed during the first operating mode to fluidically isolate the refuse unit from the first air flow path and that both Zhong and Windrich fail to disclose this. Examiner respectfully disagrees. Examiner finds that the claim only requires that the refuse unit is “mounted to the air treatment unit in a position to receive dirt from the first dirt collection region” which can occur after the air treatment unit has already performed the first operating mode and is ready to be emptied. Therefore examiner finds this argument unpersuasive. See rejection of claim 1 above.
Regarding claim 15, Applicant argues that amended claim 1 now requires that the first air treatment unit is coupled to the refuse unit while the air treatment unit is operating in the first operating mode and that the emptying door is closed during the first operating mode to fluidically isolate the refuse unit from the first air flow path and that both Zhong and Windrich fail to disclose this. Examiner respectfully disagrees. Examiner finds that paragraph 0175 of Zhong discloses a “second position” which corresponds to the hand carriable surface cleaning apparatus being positioned on the refuse unit and closing the open end of the refuse unit while keeping the emptying door closed thereby fluidically isolating the refuse unit from the first air flow path. Therefore examiner finds this argument unpersuasive. See rejection of claim 15 above.
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 CALEB A HOLIZNA whose telephone number is (571)272-5659. The examiner can normally be reached Monday - Friday 8:00-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.A.H./Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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