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 .
Response to Amendments
The Examiner acknowledges the amendments, the previous 102 rejections are maintained and made final. All arguments are addressed herein.
Claim Objections
Claim 25 is objected to because of the following informalities:
Claim 25 should read “in communication with the cyclone assembly”.
Appropriate correction is required.
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.
Claims 21,23-27,29-32 and 34-40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conrad (US 2018/0177353).
Regarding claim 21, Conrad discloses a hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet (Figure 12 item 152) to a clean air outlet (Item 112);
(b) a cyclone assembly (Item 130) positioned in the air flow path, the cyclone assembly comprising: a cyclone assembly main body (Item 172), a cyclone assembly air inlet (Item 174), a cyclone assembly air outlet (Item 208) and a cyclone chamber wherein a front end of the cyclone assembly is moveable whereby a front end of the cyclone assembly main body is opened (Figure 13);
(c) a filter (Item 142 or 150) positioned in the air flow path, the filter having an open interior passage having a passage axis; and,
(d) a main body housing a suction motor (Item 114) that is positioned in the air flow path downstream of the filter, the suction motor has a motor axis of rotation, wherein the passage axis and the motor axis of rotation are parallel (Figure 12),
wherein a handle (Item 160) is provided on a lower end of the main body, a finger guard is positioned forward of the handle, and
wherein the dirty air inlet remains in a fixed position with respect to the clean air outlet during a cleaning operation (Figure 12 and 13)
wherein a rear end of the filter is located rearward of the cyclone (Figure 12).
Regarding claim 23, 29 and 34, Conrad discloses the hand vacuum cleaner of claim 21 wherein the cyclone assembly air inlet is located at the front end of the cyclone assembly (Figure 12).
Regarding claim 24, 30 and 35, Conrad discloses the hand vacuum cleaner of claim 21 wherein the handle is a pistol grip handle (Figure 12).
Regarding claim 25 , Conrad discloses the hand vacuum cleaner of claim 21 further comprising a dirt collection chamber (Item 134) exterior to the cyclone chamber and in communication with the cyclone chamber (Figure 12).
Regarding claim 26, Conrad discloses the hand vacuum cleaner of claim 21 wherein the cyclone axis of rotation and the motor axis of rotation extend through the open interior passage (Paragraph 217 Figure 12).
Regarding claim 27, Conrad discloses a hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet to a clean air outlet;
(b) a cyclone (Item 130) positioned in the air flow path, the cyclone comprising a cyclone chamber air inlet (Item 174), a cyclone chamber air outlet (Item 208) at a cyclone chamber rear end, a centrally positioned cyclone axis of rotation, a cyclone chamber front end (Item 168) axially spaced from the cyclone chamber rear end and a cyclone chamber sidewall extending between the cyclone chamber front end and the cyclone chamber rear end, wherein a front end of the cyclone chamber is openable (Figure 13);
(c) a pre-motor filter (Item 142) positioned in the air flow path downstream from the cyclone chamber, the pre-motor filter having an open interior passage having a passage axis; and,
(d) a suction motor (Item 114) positioned in the air flow path downstream of the pre-motor filter, the suction motor has a motor axis of rotation,
wherein the cyclone axis of rotation and the motor axis of rotation extend through the open interior passage,
wherein the dirty air inlet has a dirty air inlet axis, and the dirty air inlet axis is parallel to the cyclone axis of rotation, and
wherein the dirty air inlet remains in a fixed position with respect to the clean air outlet during a cleaning operation
wherein a rear end of the pre motor filter is located rearward of the cyclone (Figure 12).
Regarding claim 31 and 36 , Conrad discloses the hand vacuum cleaner of claim 27 further comprising a dirt collection chamber exterior to the cyclone chamber and in communication with the cyclone chamber (Item 250 and 266).
Regarding claim 32, Conrad discloses a hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet to a clean air outlet;
(b) an air treatment assembly positioned in the air flow path, the air treatment chamber comprising an air treatment assembly air inlet (Item 174), an air treatment assembly air outlet (Item 208) at an air treatment assembly rear end, an air treatment assembly front end (Item 168) axially spaced from the air treatment assembly rear end, a centrally positioned axis extending between the air treatment chamber front end and the air treatment assembly rear end (Item 138), and an air treatment assembly sidewall extending between the air treatment assembly front end and the air treatment assembly rear end, wherein a front end of the air treatment chamber is openable (Figure 13);
(c) a pre-motor filter (Item 142) positioned in the air flow path downstream from the air treatment assembly, the pre-motor filter having an open interior passage having a passage axis; and,
(d) a suction motor (Item 114) positioned in the air flow path downstream of the pre-motor filter, the suction motor has a motor axis of rotation (Item 115), wherein the centrally positioned axis and the motor axis of rotation extend through the open interior passage,
wherein the dirty air inlet has a dirty air inlet axis, and the dirty air inlet axis is parallel to the cyclone centrally positioned axis of rotation (Paragraph 217), and
wherein the dirty air inlet remains in a fixed position with respect to the clean air outlet during a cleaning operation
wherein a rear end of the pre motor filter is located rearward of the air treatment chamber (Figure 12).
Regarding claim 37 , Conrad discloses the hand vacuum cleaner of claim 32 wherein the centrally positioned axis, the passage axis and the motor axis of rotation are parallel (Paragraph 217).
Regarding claim 38 , Conrad discloses the hand vacuum cleaner of claim 21 further comprising a hinge (Item 260) which rotatably mounts the inlet portion to the cyclone main body.
Regarding claim 39 and 40 , Conrad discloses the hand vacuum cleaner of claim 27 further comprising an enclosed finger grip area, the finger grip area having a rearwardly positioned handle and a lower wall (Figure 11).
Response to Arguments
Applicant's arguments filed 6/8/2026 have been fully considered but they are not persuasive.
Applicant argues Item 142 of Conrad US2018/0177353 does not disclose “an open interior passage having a passage axis. The Examiner respectfully disagrees. In Paragraph 220 states “The pre-motor filter 142 may be any suitable filter, including any suitable porous media filter (i.e. foam and/or felt and the like) and may have any suitable shape that is consistent with the configuration of the pre-motor filter housing 144.” A foam or porous filter is known in the art. Foam is made up of many small pockets of air. The air stream can take any flow path through the foam filter. Giving the flat filter any axis that is parallel to the flow path as shown in Fig 12. Since there isn’t a laminate or anything prohibiting the flow, the simple flat foam filter meets the limitations of having “an open interior passage having a passage axis”. If Applicant wants the filter to have a particular shape or made of a particular material, please claim this to move prosecution forward.
Conclusion
THIS ACTION IS MADE FINAL. 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 TOM R RODGERS whose telephone number is (313)446-4849. The examiner can normally be reached Monday thru Friday 8AM-5PM EST.
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/TOM RODGERS/ Primary Examiner, Art Unit 3723
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