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 .
Election/Restrictions
Claims 3-4, 9-12, 14, 16-18, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/16/2026. Below are examiner’s response to Applicants arguments regarding the election of species:
Applicant argues that Species 1 (Figs. 1-8) should also include Fig. 16 because Fig. 16 shows an accessory tool which is required by claim 1 and Figs. 1-8 do not. Examiner respectfully disagrees. Examiner finds that paragraph 0073 of Applicant's specification which discusses Figs. 1-2 states " inlet conduit 134 may be connectable or directly connectable to the downstream end of any suitable accessory tool such as a hose, rigid air flow conduit (e.g., an above floor cleaning wand), a crevice tool, a mini brush, and the like". Examiner finds that because the specification specifically discusses that the embodiment of Figs. 1-8 is connectable to an accessory tool, Fig. 16 is not required to be part of Species I. Examiner notes that Species II (Figs. 15-16) is distinct from Species I because Species I has no suction motor and therefore has no need and does not include a charging station because the cleaning apparatus of Species I has its airflow generated by a second surface cleaning apparatus while the cleaning apparatus of Species II independently generates its own airflow by a suction motor.
It appears that Applicant is arguing that Figs. 18A-18B should be part of Species I because the specification states that the embodiment which includes a second dirt collection region "may be used by itself or in combination with one or more other aspect of this disclosure". Examiner respectfully disagrees. Examiner finds that Figs. 18A-18B do not show a second dirt collection region (which is shown in Fig. 19) and that Applicant's specification only discusses a second dirt collection region with regards to Figs. 19 and 21, not 18A-18B.
Based on examiner’s findings discussed above, examiner is maintaining the election of species.
Claim Objections
Claim 15 is objected to because of the following informalities: the recitation of “the air treatment unit” should read --the hand carriable surface cleaning apparatus-- to maintain consistent terminology throughout the claims and because “the air treatment unit” lacks antecedent basis. Appropriate correction is required.
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 1-2, 13, 15, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhong et al. (US20200129025), hereinafter Zhong.
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 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),
(b) a refuse unit (Fig. 13 element 7) 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 closed (the mode shown in Fig. 3 corresponds to a first operating mode, 0127 and 0135), and
wherein the air treatment unit is operable in a second operating mode (the mode shown in Fig. 27 corresponds to a second operating mode, 0156-0158) 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 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").
Regarding claim 2, Zhong discloses the limitations of claim 1, as described above, and further discloses during the first operating mode, the refuse container is isolated from the first air flow path (Fig. 3 shows the emptying door closed and the air treatment unit separated from the refuse unit and therefore, during the first operating mode, the refuse container is isolated from the first air flow path).
Regarding claim 13, Zhong discloses the limitations of claim 1, as described above, and further discloses the first air treatment chamber comprises a cyclone (Fig. 7 element 132, 0132) and the first dirt collection region comprises a dirt collection chamber (Fig. 3 element 22) in communication with the cyclone chamber via a cyclone chamber dirt outlet (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 emptying door of the first dirt collection region is closed, 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 air treatment unit is operable in an emptying mode (the mode shown in Fig. 27 corresponds to an emptying mode, 0156-0158), 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).
Regarding claim 19, Zhong discloses the limitations of claim 15, as described above, and further discloses the hand carriable surface cleaning apparatus is operable in the first surface cleaning operating mode while the hand carriable surface cleaning apparatus is removed from the refuse unit (Fig. 3, 0127 and 0135).
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 5-8 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 5, Zhong discloses the limitations of claim 1, as described above, but 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 discloses the limitations of claim 1, as described above, and further discloses the refuse container is disposable (the refuse container (74) is capable of being disposed), and the surface cleaning apparatus further comprises a refuse container holder (Fig. 13 element 75) which removably receives the disposable refuse container (0162).
Zhong fails to disclose that the refuse container holder is height adjustable.
Windrich is also concerned with a hand carriable surface cleaning apparatus and teaches the refuse container (Fig. 2 element 2) is disposable (the refuse container (2) is capable of being disposed), and the surface cleaning apparatus further comprises 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 to replace the disposable refuse container and refuse container holder of Zhong with the disposable refuse container and the height adjustable refuse container holder taught by Windrich, because Windrich teaches that having a disposable refuse container and 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 8, Zhong, as modified, discloses the limitations of claim 6, as described above, and further discloses the disposable refuse container is a bag (Windrich, Fig. 2 element 2, 0024).
Conclusion
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