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 04/28/2026. Claims 15-28 are pending. The previously filed 35 USC 112(a) rejections are withdrawn, as necessitated by the amendments. The previously filed 35 USC 112(b) rejections remain in place. The previously filed claim objections are updated, as necessitated by the amendments.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/28/2026 has been entered.
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 15-20 and 27 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 15 recites the limitation "a handle fixed to the vacuum head assembly and positioned on a side of the vacuum tube opposite from the motor; a vacuum motor that is operably on a side of the vacuum tube opposite from the handle” in ll. 5-7 of the claim. There is insufficient antecedent basis for a few limitations in the claim. First, ll. 6 recites “the motor” and then, ll. 7 recites “a vacuum motor”. As understood from the disclosure, there is only one vacuum motor and therefore, for examination purposes, “the motor” and “a vacuum motor” are the same. Further, a handle fixed “on a side of the vacuum tube” and the vacuum motor located “on a side of the vacuum tube opposite from the handle” lack insufficient antecedent basis. As best understood, these sides are different and the handle is located on a first side of the vacuum tube and the vacuum motor is located on a second side of the vacuum tube opposite from the first side. Therefore, for examination purposes, ll. 5-8 of claim 15 is interpreted as:
--a handle fixed to the vacuum head assembly and positioned on a first side of the vacuum tube opposite from [[the]]a vacuum motor; and
[[a]]the vacuum motor second side of the vacuum tube opposite from the first side; and—
Claims 16-20 and 27 are rejected accordingly under 35 USC 112(b) since they are dependent on claim 15.
Claim Objections
Claims 15-16 and 18-28 are objected to because of the following antecedent basis informalities:
Claim 15, ll. 4, consider amending to, --positions along the hollow vacuum tube, wherein the vacuum head assembly comprises:
Claim 15, ll. 5, consider amending to, --a handle fixed to the vacuum head assembly and positioned on a side of the hollow –
Claim 15, ll. 11, consider amending to, --between the vacuum head assembly and the hollow vacuum tube when the vacuum head assembly is—
Claim 16, ll. 3, consider amending to, --moveable with the vacuum head assembly along the hollow vacuum tube.—
Claim 18, consider amending to, --The system according to claim 15, wherein the vacuum head assembly comprises a fan.—
Claim 19, ll. 2-4, consider amending to, --vacuum head assembly is movable along a length of the hollow vacuum tube to the indexed preset positions, wherein the vacuum head assembly is in flow communication with the hollow vacuum tube only at the indexed preset positions.—
Claim 20, ll. 2-4, consider amending to, --vacuum head assembly is movable along [[a]]the length of the hollow vacuum tube to indexed preset positions, wherein the vacuum head assembly is in flow communication with the hollow vacuum tube only at the indexed preset positions via cooperating openings that are aligned at the presetpositions to establish flow communication and are misaligned to interrupt flow communication when the vacuum head assembly is between the indexed preset positions.—
Claim 21, ll. 4, consider amending to, --the hollow tube, wherein the head assembly comprises:--
Claim 21, ll. 5-6, consider amending to, --a handle fixed to the head assembly and positioned opposite from [[the]]a motor, and [[a]]the motor hollow tube opposite from the--
Claim 21, ll. 10, consider amending to, --between the head assembly and the hollow tube when the head assembly is at the indexed--
Claim 22, ll. 2-3, consider amending to, --head assembly comprises a dust container support by the hollow tube.—
Claim 23, ll. 2-3 consider amending to, --head assembly comprises one or more rechargeable batteries mounted on the
Claim 24, ll. 2, consider amending to, --wherein the head assembly comprises a fan.—
Claim 25, ll. 2-4, consider amending to, --wherein the head assembly is slidable along a length of the hollow tube to the indexed preset positions, wherein the head assembly is in flow communication with the hollow tube only at the indexed preset positions.—
Claim 26, ll. 2, consider amending to, --the head assembly is slidable along [[a]]the length of the tube to the indexed preset positions, wherein the head assembly is in flow communication with the hollow tube only at the indexed preset positions via alignment of corresponding openings at the indexed preset positions
Claim 27, ll. 2, consider amending to, --positions are defined by one or more detent features along the hollow vacuum tube configured to—
Claim 28, ll. 2-3, consider amending to, --preset positions are defined by one or more detent features along the hollow tube configured to—
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 15-28 are rejected under 35 U.S.C. 103 as being unpatentable over GB1151990 (GB’990), as provided by the Examiner in previous Office action filed on 03/17/2026, in view of Abe (JP2017/169895), as provided by Examiner in previous Office action filed on 08/22/2025.
Regarding claim 15, GB’990 discloses a system (figs. 3-6 embodiment) comprising:
a hollow vacuum tube (item 11; fig. 3; p. 2, ll. 95-100 in foreign document attachment); and
a vacuum head assembly (item 10; fig. 3) operably configured to be slid to various indexed preset positions along the hollow vacuum tube (defined as preset positions along tube 11 in which openings 42 are positioned for vacuum head assembly 10 to mount along; p. 2, ll. 103-108), wherein the vacuum head assembly comprises:
a vacuum motor (item 14; p. 1, ll. 76-77) that is operably located on a side of the vacuum tube (fig. 3); and
a duct interface (item 39; fig. 4; p. 2, ll. 99-100) configured to provide flow communication between the vacuum head assembly and the hollow vacuum tube when the vacuum head assembly is positioned at the indexed preset positions (p. 2, ll. 103-108 and p. 3, ll. 9-15; at the preset positions, the duct interface 39 cooperates with the openings 42 in a sealed flow communication via resilient connecting member 43 and closes the other openings of the present position, when the vacuum head assembly is positioned at a specific position, in order to provide flow through specific position opening; fig. 4).
GB’990 does not explicitly disclose wherein the vacuum head assembly further includes a handle positioned on a side of the vacuum tube opposite from the vacuum motor.
However, Abe (JP2017169895) teaches a system (item 100; figs. 1-4) comprising a tube (item 20, 21) and a vacuum head assembly (item 10; figs. 1-2 and 4), wherein the vacuum head assembly comprises a handle (item 33; fig. 2) disposed on one side of the tube and a motor (item 40; fig. 4) disposed on another side of the tube, opposite the handle (figs. 1-3).
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 vacuum head assembly, as disclosed in GB’990, to include an (additional) handle located on an opposite side of the vacuum tube opposite from the vacuum motor, as taught in Abe, in order for the user to comfortably grasp the vacuum head assembly and easily slide the assembly along the vacuum tube to move to the indexed preset locations (pp. [0074-0076] in Abe).
Regarding claim 16, GB’990 as modified discloses the system as claimed in claim 15, wherein the vacuum head assembly comprises a dust container (item 15; fig. 1) supported by the vacuum head assembly and moveable with the vacuum head assembly along the hollow vacuum tube (dust container 15 is within the vacuum head assembly 10 and therefore, moveable along the tube with the casing 10).
Regarding claim 17, GB’990 as modified discloses the system as claimed in claim 15. Though GB’990 discloses the vacuum cleaner is an electric cleaner, GB’990 does not explicitly disclose how the vacuum cleaner is powered, such as wherein the vacuum head assembly comprises one or more rechargeable batteries mounted on the vacuum head assembly to power the vacuum motor carried by the vacuum head assembly, as required by the claim.
However, Abe (JP2017169895) further teaches wherein the vacuum head assembly further comprises a rechargeable battery (item 60; pp. [0018] in NPL translation; fig. 4), mounted on the vacuum head assembly (batteries 60 are mounted within vacuum head assembly 100; fig. 4) to power the vacuum motor (pp. [0018], batteries 60 power vacuum motor) carried by the vacuum head assembly (batteries 30 are within vacuum head assembly and thereby, carried by vacuum head assembly).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the power source of GB’990 to comprise rechargeable batteries, as taught in Abe, so that the system could function as intended. Additionally, it is old and well known in the art of vacuums to use a rechargeable battery within a vacuum system to achieve the predictable result of providing a power source for the electric motor.
Regarding claim 18, GB’990 as modified discloses the system as claimed in claim 15, wherein the vacuum head assembly comprises a fan (item 14 is a motor-fan unit; p. 1, ll. 76-77; fig. 1).
Regarding claim 19, GB’990 as modified discloses the system as claimed in claim 15, wherein the vacuum head assembly is movable along a length of the vacuum tube (defined as length of vacuum tube 11; figs. 7-9) to the indexed preset locations (p. 1, ll. 39-49 and p. 2, ll. 103-108; vacuum head assembly 10 is slidable along the vacuum tube 11 to indexed preset locations in which openings 42 are disposed for duct interface 39 to secure onto), wherein the vacuum head assembly is in flow communication with the hollow vacuum tube only at the indexed preset locations (p. 2, ll. 103-108; vacuum head assembly is only in flow communication with hollow vacuum tube 11 only when secured at openings 42 along the tube, i.e. preset locations, and capable of collecting dirt; fig. 4).
Regarding claim 20, GB’990 as modified discloses the system as claimed in claim 19, wherein the vacuum head assembly is movable along the length of the hollow vacuum tube to the indexed preset locations (p. 1, ll. 39-49 and p. 2, ll. 103-120; vacuum head assembly 10 is slidable along the vacuum tube 11 to indexed preset locations in which openings 42 are disposed for duct interface 39 to secure onto via connecting member and teeth), wherein the vacuum head assembly is in flow communication with the vacuum tube only at the indexed preset locations via cooperating openings that are aligned at the indexed preset locations to establish flow communication (p. 2, ll. 103-108; vacuum head assembly is only in flow communication with hollow vacuum tube 11 only when secured at openings 42 along the tube, i.e. preset locations, and capable of collecting dirt; fig. 4) and are misaligned to interrupt flow communication when the vacuum head assembly is between the indexed preset locations (p. 2, ll. 120-130; when vacuum head assembly is moved between preset positions, the resilient connecting member of each opening will seal and allow no air to pass through, i.e. interrupting flow communication between vacuum head assembly and vacuum tube).
Regarding claim 21, GB’990 discloses a vacuum cleaner (figs. 3-6 embodiment) comprising:
a hollow tube (item 11; fig. 3; p. 2, ll. 95-100 in foreign document attachment); and
a head assembly (item 10; fig. 3) operably configured to be slid to various indexed preset positions along the hollow tube (defined as preset positions along tube 11 in which openings 42 are positioned for head assembly 10 to mount along; p. 2, ll. 103-108), wherein the head assembly comprises:
a motor (item 14; p. 1, ll. 76-77) that is operably located on a side of the hollow tube (fig. 3), and
a duct interface (item 39; fig. 4; p. 2, ll. 99-100) configured to provide flow communication between the head assembly and the hollow tube when the head assembly is at the indexed preset positions (p. 2, ll. 103-108 and p. 3, ll. 9-15; at the preset positions, the duct interface 39 cooperates with the openings 42 in a sealed flow communication via resilient connecting member 43 and closes the other openings of the present position, when the vacuum head assembly is positioned at a specific position, in order to provide flow through specific position opening; fig. 4).
GB’990 does not explicitly disclose wherein the head assembly further includes a handle positioned on a side of the tube opposite from the motor.
However, Abe (JP2017169895) teaches a system (item 100; figs. 1-4) comprising a tube (item 20, 21) and a vacuum head assembly (item 10; figs. 1-2 and 4), wherein the vacuum head assembly comprises a handle (item 33; fig. 2) disposed on one side of the tube and a motor (item 40; fig. 4) disposed on another side of the tube, opposite the handle (figs. 1-3).
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 head assembly, as disclosed in GB’990, to include an (additional) handle located on an opposite side of the tube opposite from the motor, as taught in Abe, in order for the user to comfortably grasp the vacuum head assembly and easily slide the assembly along the vacuum tube to move to the indexed preset locations (pp. [0074-0076] in Abe).
Regarding claim 22, GB’990 as modified discloses the system as claimed in claim 21, wherein the head assembly comprises a dust container (item 15; fig. 1) supported by the head assembly and moveable with the head assembly along the hollow tube (dust container 15 is within the vacuum head assembly 10 and therefore, moveable along the tube with the casing 10).
Regarding claim 23, GB’990 as modified discloses the system as claimed in claim 21. Though GB’990 discloses the vacuum cleaner is an electric cleaner, GB’990 does not explicitly disclose how the vacuum cleaner is powered, such as wherein the vacuum head assembly comprises one or more rechargeable batteries mounted on the vacuum head assembly to power the vacuum motor carried by the vacuum head assembly, as required by the claim.
However, Abe (JP2017169895) further teaches wherein the vacuum head assembly further comprises a rechargeable battery (item 60; pp. [0018] in NPL translation; fig. 4), mounted on the vacuum head assembly (batteries 60 are mounted within vacuum head assembly 100; fig. 4) to power the vacuum motor (pp. [0018], batteries 60 power vacuum motor) carried by the vacuum head assembly (batteries 30 are within vacuum head assembly and thereby, carried by vacuum head assembly).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the power source of GB’990 to comprise rechargeable batteries, as taught in Abe, so that the system could function as intended. Additionally, it is old and well known in the art of vacuums to use a rechargeable battery within a vacuum system to achieve the predictable result of providing a power source for the electric motor.
Regarding claim 24, GB’990 as modified discloses the system as claimed in claim 21, wherein the head assembly comprises a fan (item 14 is a motor-fan unit; p. 1, ll. 76-77; fig. 1).
Regarding claim 25, GB’990 as modified discloses the system as claimed in claim 21, wherein the head assembly is movable along a length of the hollow tube (defined as length of vacuum tube 11; figs. 7-9) to the indexed preset positions (p. 1, ll. 39-49 and p. 2, ll. 103-108; vacuum head assembly 10 is slidable along the vacuum tube 11 to indexed preset locations in which openings 42 are disposed for duct interface 39 to secure onto ), wherein the head assembly is in flow communication with the hollow tube only at the preset positions (p. 2, ll. 103-108; vacuum head assembly is only in flow communication with hollow vacuum tube 11 only when secured at openings 42 along the tube, i.e. preset locations, and capable of collecting dirt; fig. 4).
Regarding claim 26, GB’990 as modified discloses the system as claimed in claim 25, wherein the head assembly is movable along the length of the hollow tube to the indexed preset positions (p. 1, ll. 39-49 and p. 2, ll. 103-120; vacuum head assembly 10 is slidable along the vacuum tube 11 to indexed preset locations in which openings 42 are disposed for duct interface 39 to secure onto via connecting member and teeth), wherein the head assembly is in flow communication with the hollow tube only at the preset locations via alignment of corresponding openings at the indexed preset locations (p. 2, ll. 103-108; vacuum head assembly is only in flow communication with hollow vacuum tube 11 only when secured at openings 42 along the tube, i.e. preset locations, and capable of collecting dirt; fig. 4).
Regarding claim 27, GB’990 as modified discloses the system as claimed in claim 15, wherein the indexed preset positions are defined by one or more detent features along the hollow vacuum tube (according to Merriam-Webster, “detent” is defined as a device for positioning and holding one mechanical part in relation to another in a manner such that the device can be released by force applied to one of the parts; therefore, the connecting member 43 included on the opening 29 of the vacuum tube includes teeth or projections 45, i.e. detents, that engage with corresponding spaces 46; p. 2, ll. 108-120; figs. 4 and 6) configured to releasably retain the vacuum head assembly at the indexed preset positions (p. 2, ll. 108-130; detents 45 engage spaces 46 to secure vacuum head assembly at the corresponding preset positions, i.e. at opening 39 along tube, and can be released via hand of user to move vacuum head assembly along tube).
Regarding claim 28, GB’990 as modified discloses the system as claimed in claim 21, wherein the indexed preset positions are defined by one or more detent features along the hollow tube (according to Merriam-Webster, “detent” is defined as a device for positioning and holding one mechanical part in relation to another in a manner such that the device can be released by force applied to one of the parts; therefore, the connecting member 43 included on the opening 29 of the vacuum tube includes teeth or projections 45, i.e. detents, that engage with corresponding spaces 46; p. 2, ll. 108-120; figs. 4 and 6) configured to releasably retain the head assembly at the indexed preset positions (p. 2, ll. 108-130; detents 45 engage spaces 46 to secure vacuum head assembly at the corresponding preset positions, i.e. at opening 39 along tube, and can be released via hand of user to move vacuum head assembly along tube).
Response to Arguments
Applicant’s arguments with respect to claim(s) 15 and 21 have been considered but are moot because they are addressing previous claim limitations not in the newly amended claim limitations (e.g. GB’990 does not disclose or suggest that airflow is enabled only at discrete indexed positions; p. 7 of Remarks). The Examiner notes GB’990 is still a relevant reference as a dust interface provides flow communication between the head assembly and the hollow tube when the head assembly is at the indexed preset positions (see rejection above)., as required by the newly amended claim.
A grounds of rejection is made in view of GB1151990 (GB’990) and further in view of Abe (JP2017/169895), which are the same references from previous Office action (Final Rejection) filed on 03/17/2026.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Erlich (US 2005/0279683) discloses a vacuum head assembly slidable along a vacuum tube, wherein the vacuum tube comprises one or more detents to releasably secure vacuum head assembly at specific positions along tube.
Wang (CN 101803892), as provided by Examiner, discloses a vacuum head assembly slidable along a vacuum tube, wherein the vacuum tube comprises one or more detents to releasably secure vacuum head assembly at different positions along vacuum tube.
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
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