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 Arguments
Applicant’s arguments, see page 8, filed 09/15/2025, with respect to the rejection(s) of the claim(s) under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Stickney (US 20140137364 A1) in view of Smith (US 20130091655 A1) and another embodiment of Smith. See Rejections of claim 21, 27 and 35 below.
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.
Claim(s) 21, 23, 24, 35-37, and 39-40 are rejected under 35 U.S.C. 103 as being as being unpatentable over Stickney (US 20140137364 A1) in view of Smith (US 20130091655 A1).
Regarding Claim 21, Stickney teaches A hand vacuum cleaner having a front end, a rear end, an upper end, and a lower end, the hand vacuum cleaner comprising:
(a) an air flow path (36) extending from an inlet conduit (14) provided at the front end of the hand vacuum cleaner to a clean air outlet (10), the inlet conduit having an inlet conduit axis (see figure 1, axis extends in the center of conduit 14);
(b) a first air treatment stage comprising a single air treatment chamber (cyclone 34a) positioned in the air flow path (see figure 2a), the air treatment chamber having an air treatment chamber air inlet (223) and an air treatment chamber air outlet (See Para [0047] “An air outlet in the form of a vortex finder 60 is provided at the upper end of each cyclone 50 to allow air to exit the cyclone.”);
(c) a main body housing (4) a suction motor (5), the suction motor positioned in the air flow path downstream of the air treatment chamber (See figure 10);
(d) a handle (6) positioned rearward of the suction motor (See Fig. 1), the handle has a first end (around 18 see figure 1), a second end (towards 8, see figure 1) and a hand grip portion extending between the first and second ends (area below trigger 18), wherein when the hand vacuum cleaner is oriented with the inlet conduit axis extending horizontally, the first end of the handle is an upper end of the handle (See fig 1), which is located at the upper end of the hand vacuum cleaner (See Fig. 1, 18 is near the top of the cleaner), and the second end of the handle is a lower end of the handle (See Figure 1, 8 is the lower end of the handle)
(e) an energy storage member (8) provided at the second end of the handle (See figure 1); and,
(f) a controller (18) operable to control the suction motor (See Para [0042] “The handle 6 carries an on/off switch in the form of a trigger 18 for turning the vacuum cleaner motor on and off.”), the controller having an outer surface that, in operation, is engaged by a user to operate the controller (trigger portion that is actuated by operators’ finger is an outer surface of the controller),
wherein the handle has a handle axis that extends centrally through the hand grip portion from the lower end of the handle to the upper end of the handle, the handle axis extends through the energy storage member (See Fig. 1, axis extends from battery 8 to motor housing 5 through handle 6, see annotated Figure C below).
And suggests but does not explicitly disclose and wherein a rear end of the suction motor is positioned rearward of a rear end of the air treatment chamber and a forward end of suction motor is forward of the finger gap (See Figure 1 of Stickney, motor 5 is strongly suggested to have a rearward portion of that is rearward of the air treatment chamber (Cyclone 34a) and a forward portion being forward of the finger gap is suggested, but not explicitly shown as only the housing which motor 5 is in is shown, so it is unclear exactly where the forward and rearward ends of the suction motor are).
But does not specifically teach
wherein a finger gap portion is positioned rearward of the suction motor and forward of the hand grip portion
The controller operable to control the suction motor provided on the upper face of the first end of the handle that faces upwardly
Wherein the finger gap extends from a rear side of the main body to a forward side of the handle,
the handle axis extends through the outer surface of the controller
Stickney discloses and additional embodiment (Fig. 19) with a motor and fan assembly located below a debris separating device (218).
However, Smith discloses a similar hand vacuum cleaner, wherein the suction motor is housed within the debris separating device (main body 8) wherein a finger gap portion is positioned rearward of the suction motor (See Fig. 1, finger gap portion is rearwards of main body 8 housing motor 16 (See Fig. 2), and is the gap formed by the handle 6).
The controller (14) operable to control the suction motor provided on the upper face of the first end of the handle that faces upwardly (See Fig. 1 and Para [0076] “The vacuum cleaner comprises a motor coupled to a fan for generating air flow through the vacuum cleaner and rechargeable cells (not shown) to energize the motor when electrically coupled by an on/off switch 14.”)
Wherein the finger gap extends from a rear side of the main body (motor chamber 8) to a forward side of the handle (interior forward facing side of 6),
It would be obvious to one of ordinary skill in the art before the effective filing date to modify the handle and controller in such a way that wherein a finger gap portion is positioned rearward of the suction motor and forward of the hand grip portion
The controller operable to control the suction motor provided on the upper face of the first end of the handle that faces upwardly
Wherein the finger gap extends from a rear side of the main body to a forward side of the handle,
the handle axis extends through the outer surface of the controller
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the location of the motor such that it is housed in or below the debris separating device, as doing so would improve the use of space and provide a more compact construction as advantageously described by Smith in Para [0035] “Preferably, the at least one cyclone comprises a circular array of cyclones arranged about the central axis and wherein the at least one cyclone comprises a circular array of cyclones arranged about the central axis and wherein the motor is nested in the circular array of cyclones. This arrangement improves use of space within the circular array of cyclones. It makes the vacuum cleaner more compact because it need not accommodate the motor elsewhere.”
Additionally, it has been held that modifying the position of a switch has been held unpatentable because shifting the position of the switch would not modify the operation of the device and that the particular placement of the device would be a matter of an obvious design choice, see MPEP 2144 (VI)(C). As discussed in the instant application (Paragraph 99), its discussed how the switch can be in any location and there is no criticality to the claimed limitation / switch position.
Examiner notes that Stickney as modified by Smith discloses:
wherein a finger gap (Space between handle 6 and main body 12 of Stickney) portion is positioned rearward of the suction motor (Main body 12 of Stickney as modified by Smith) and forward of the hand grip portion (handle 6 of Stickney)
The controller (14 of Smith) operable to control the suction motor provided on the upper face of the first end of the handle that faces upwardly (Stickney as modified via smith has a controller on the top end of the pistol grip handle)
Wherein the finger gap extends from a rear side of the main body (12 of Stickney as modified) to a forward side of the handle (6, forward side being the side that faces body 12),
the handle axis extends through the outer surface of the controller (See Annotated Figure C below showing an axis extending through the handle, Stickney as modified has a controller placed on the top of the handle).
Additionally, Smith discloses alternative embodiments (figures 10 and 11) Wherein a separate motor chamber (main body 204) is positioned between the air treatment chamber (202) and the handle (206) wherein a rear end of the suction motor is positioned rearward of a rear end of the air treatment chamber (See Fig. 10 and 11 where 216 is completely positioned behind the air treatment chamber) suggests a forward end of suction motor is forward of the finger gap (See Figures, 10 and 11, the forward portion of the suction motor 216 extends to roughly the half way point of the point of the handle, wherein the finger gap portion would be the rear portion of the handle where the handle would be gripped by the user).
Smith additionally discloses in Para [0192] “The skilled addressee will appreciate that the specific overall shapes and sizes of the arrangements comprising the motor 16, 216, 416 the fan 18, 218, 418 and the cyclonic separation apparatus 8, 208, 408 can be varied according to the type of vacuum cleaner in which either of the arrangements is to be used. For example, the overall length or width of each arrangement, and, in particular, the cyclonic separation apparatus, can be increased or decreased with respect to its diameter, and vice versa.”.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the size or location of the motor such that wherein a rear end of the suction motor is positioned rearward of a rear end of the air treatment chamber a forward end of suction motor is forward of the finger gap as doing so would be a matter of rearrangement of parts (2144.04 VI C) by modifying the location of the motor housing to be between the air treatment chamber and handle as shown in Fig. 10 and 11 of Smith or a change in Size (2144.04 IV A) as suggested by Para [0192] of Smith.
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Attached Figure A (Figure 1 of Stickney)
Regarding Claim 23, Stickney teaches all the limitations of claim 21 and in addition teaches wherein, when the hand vacuum cleaner is oriented with the inlet conduit axis extending horizontally and the controller above the energy storage member, the hand grip portion of the handle extends generally vertically (See attached figure A where Stickney is in orientation described.
Regarding Claim 24, Stickney teaches all the limitations of claim 21 and in addition teaches when the hand vacuum cleaner is oriented with the controller above the energy storage member, the air treatment chamber has a lower openable portion (See figure 3b of Stickney).
Regarding Claim 35, Stickney teaches A hand vacuum cleaner having a front end, a rear end, an upper end, and a lower end, the hand vacuum cleaner comprising:
(a) an air flow path (36) extending from an inlet conduit (14) provided at the front end of the hand vacuum cleaner to a clean air outlet (10), the inlet conduit having an inlet conduit axis (see figure 1, axis extends in the center of conduit 14);
(b) a first air treatment stage comprising a single air treatment chamber (cyclone 34a) positioned in the air flow path (see figure 2A)
(c) a main body housing (4) a suction motor (5), the suction motor positioned in the air flow path downstream of the air treatment chamber (See figure 10);
(d) a handle (6) having a hand grip portion (see figure 1);
(e) an energy storage member (8); and,
(f) a controller operable (18) to control the suction motor (See Para [0042] “The handle 6 carries an on/off switch in the form of a trigger 18 for turning the vacuum cleaner motor on and off.”) wherein the controller is provided on an upper end of the handle (See Figure 1, 18 is located at the top of the handle portion),
wherein a finger gap (See Annotated Figure A) extends from a rear side of the debris separation device (12) to a forward side of the hand grip portion of the handle (See Annotated Figure A), the finger gap having an upper end provided by a surface (See Annotated Figure A)
wherein, when the hand vacuum cleaner is oriented with the energy storage member at a lower end of the hand vacuum cleaner and the inlet conduit axis extending horizontally (See attached Figure A showing the cleaner of Stickney in the orientation described), the controller is above both the hand grip portion and the finger gap (See location of trigger 18).
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Annotated Figure A (Figure 1 of Stickney)
And suggests but does not explicitly disclose and wherein a rear end of the suction motor is positioned rearward of a rear end of the air treatment chamber and a forward end of suction motor is forward of the finger gap (See Figure 1 of Stickney, motor 5 is strongly suggested to have a rearward portion of that is rearward of the air treatment chamber (34a) and a forward portion being forward of the finger gap is suggested, but not explicitly shown as only the housing which motor 5 is in is shown, so it is unclear exactly where the forward and rearward ends of the suction motor are).
But does not explicitly disclose the main body having a rear side that is rearward of the suction motor, the controller is above all of the hand grip portion, the finger gap portion, and the suction motor, and wherein a finger gap extends from a rear side of the main body to a forward side of the hand grip portion of the handle.
Smith discloses a hand cleaner with a main body (8) housing a debris separation device (8, See Fig. 2 ) with a nested motor (16), having a rear side (side of 8 that handle 6 extends outward from) that is rearward of the suction motor (See Figure 3, suction motor 16, is in the center of the main body 8), wherein a finger gap extends from a rear side of the main body to a forward side of the hand grip portion of the handle (See Fig. 1, finger gap portion is rearwards of motor chamber 8, and is the gap formed by the handle 6).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the location of the motor such that it is housed in or below the debris separating device, as doing so would improve the use of space and provide a more compact construction as advantageously described by Smith in Para [0035] “Preferably, the at least one cyclone comprises a circular array of cyclones arranged about the central axis and wherein the at least one cyclone comprises a circular array of cyclones arranged about the central axis and wherein the motor is nested in the circular array of cyclones. This arrangement improves use of space within the circular array of cyclones. It makes the vacuum cleaner more compact because it need not accommodate the motor elsewhere.”
Additionally, it has been held that modifying the position of a switch has been held unpatentable because shifting the position of the switch would not modify the operation of the device and that the particular placement of the device would be a matter of an obvious design choice, see MPEP 2144 (VI)(C). As discussed in the instant application (Paragraph 99), its discussed how the switch can be in any location and there is no criticality to the claimed limitation / switch position.
Examiner notes that Stickney as modified by Smith discloses the main body (12 of Stickney) having a rear side (Side that faces handle 6) that is rearward of the suction motor (suction motor nested in 12 as modified by Smith), wherein a finger gap (space between main body 12 and handle 6) extends from a rear side of the main body to a forward side of the hand grip portion of the handle (See Annotated Figure A above).
Additionally, Smith discloses alternative embodiments (figures 10 and 11) Wherein a separate motor chamber (main body 204) is positioned between the air treatment chamber (202) and the handle (206), wherein a controller (214) is above all of the hand grip portion (the opposite side of handle 206 from 214), the finger gap (The space on the opposite side of the handle 206 from 214), and the suction motor (216) wherein a rear end of the suction motor is positioned rearward of a rear end of the air treatment chamber (See Fig. 10 and 11 where 216 is completely positioned behind the air treatment chamber) suggests a forward end of suction motor is forward of the finger gap (See Figures, 10 and 11, the forward portion of the suction motor 216 extends to roughly the half way point of the point of the handle, wherein the finger gap portion would be the rear portion of the handle where the handle would be gripped by the user).
Smith additionally discloses in Para [0192] “The skilled addressee will appreciate that the specific overall shapes and sizes of the arrangements comprising the motor 16, 216, 416 the fan 18, 218, 418 and the cyclonic separation apparatus 8, 208, 408 can be varied according to the type of vacuum cleaner in which either of the arrangements is to be used. For example, the overall length or width of each arrangement, and, in particular, the cyclonic separation apparatus, can be increased or decreased with respect to its diameter, and vice versa.”.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the size or location of the motor such that the controller is above all of the hand grip portion, the finger gap portion, and the suction motor, wherein a rear end of the suction motor is positioned rearward of a rear end of the air treatment chamber a forward end of suction motor is forward of the finger gap as doing so would be a matter of rearrangement of parts (2144.04 VI C) by modifying the location of the motor housing to be between the air treatment chamber and handle as shown in Fig. 10 and 11 of Smith or a change in Size (2144.04 IV A) as suggested by Para [0192] of Smith.
Regarding Claim 36, Stickney teaches all the limitations of claim 35 and in addition teaches wherein the handle has a handle axis (axis extends from handle 6 first end and second end) that extends from the lower end of the handle, through the hand grip portion and the upper end of the handle and the handle axis extends through the controller (See figure 1, and see where trigger 18 extends through the axis, See Annotated Figure C Below).
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Annotated Figure C (Figure 1 of Stickney)
Regarding Claim 37, Stickney teaches all the limitations of claim 36 and in addition teaches wherein the handle axis extends through the energy storage member (see attached Figure C where handle axis extends through energy storage member 8).
Regarding Claim 39, Stickney teaches all the limitations of claim 35 and in addition teaches when the hand vacuum cleaner is oriented with the controller above the energy storage member (see figure 1), the air treatment chamber has a lower openable portion (see figure 3 for lower openable portion).
Regarding Claim 40, Stickney teaches all the limitations of claim 35 and suggests but does not explicitly teach wherein the upper end of the handle comprises a bridge portion that extends forwardly from the handle to an upper end of the main body (for Stickney as modified the motor is housed within the main body 12, and not in the body 4, the body 4 serves as a bridge to the from the pistol grip handle to the main body).
Additionally, Smith discloses the upper end of the handle (4) comprises a bridge portion that extends forwardly from the handle (6) to an upper end of the main body (8).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the handle of Stickney to include a bridge portion that extends forwardly from the handle to an upper end of the main body. As doing so would allow for the handle to rest on the user’s hand, allow for a more comfortable use of the cleaner.
Claim(s) 27-30, and 32-34, are rejected under 35 U.S.C. 103 as being as being unpatentable over Stickney (US 20140137364 A1) in view of Orubor (US 20090070953 A1) and Smith (US 20130091655 A1).
Regarding Claim 27, Stickney teaches A hand vacuum cleaner having a front end (See figure 1 near 16), a rear end (near 10), an upper end (near 12), and a lower end (See figure 3a 26), the hand vacuum cleaner comprising:
(a) an air flow path (36) extending from an inlet conduit (14) provided at the front end of the hand vacuum cleaner to a clean air outlet (10), the inlet conduit having an inlet conduit axis (see figure 1, axis extends in the center of conduit 14);
(b) an air treatment member (cyclone 34a) positioned in the air flow path (see figure 6), the air treatment member having an air treatment member air inlet (223) and an air treatment member air outlet (See Para [0047] “An air outlet in the form of a vortex finder 60 is provided at the upper end of each cyclone 50 to allow air to exit the cyclone.”);
(c) a main body housing (4) a suction motor (5), the suction motor positioned in the air flow path downstream of the air treatment member (See figure 10);
(d) a pistol grip handle (6) provided rearward of the air treatment member (see figure 1), the handle having a first end (end of 6 towards 10 and 18 near the trigger), a second end (end closer to 8) and a hand grip portion extending between the first and second ends (See figure 1);
(e) an energy storage member (8) provided the second end of the handle (See 8 in figure 1); and
(f) a controller (trigger 18) wherein, when the hand vacuum cleaner is oriented with the inlet conduit axis extending horizontally and the controller above the energy storage member (see figure 1).
But does not specially teach wherein the pistol grip handle provided rearward of the suction motor, the controller is on a surface of the hand vacuum cleaner that is rearward of the suction motor and that faces upwardly and the controller also faces vertically and the controller is rearward of the suction motor and exterior of the finger gap, and wherein, when the inlet conduit axis is horizontal, a horizontal axis intersects the air treatment motor, the suction motor, and the energy storage member.
However, Orubor does teach a similar cleaner wherein a pistol grip handle provided rearward of the suction motor (See Figure 1 of Orubor, where the handle is provided rearward of suction motor 29).
And Smith discloses a controller (14) positioned exterior of the finger gap (See Fig. 1) is on a surface of the hand vacuum cleaner that is rearward of the suction motor (See Smith Fig. 1 showing 14 rearward of suction housing 8) and that faces upwardly and the controller also faces upwardly and the controller is rearward of the suction motor (See Fig. 1 of Smith, controller is rearward of the suction motor, and it faces upwardly).
It would be obvious to one of ordinary skill in the art before the effective filing date to modify the location the handle to be rearward of the suction motor and the controller is on a surface of the hand vacuum cleaner that is rearward of the suction motor and that faces vertically and the controller is positioned exterior of the finger gap and also faces upwardly as it has been held that modifying the position of a switch has been held unpatentable because shifting the position of the switch would not modify the operation of the device and that the particular placement of the device would be a matter of an obvious design choice, see MPEP 2144 (VI)(C) and modifying the position of a handle would be similarly obvious.
Additionally, Smith discloses alternative embodiments (figures 10 and 11) Wherein a separate motor chamber (main body 204) is positioned between the air treatment chamber (202) and the handle (206) and wherein, when the inlet conduit axis is horizontal (See Inlet conduit extending horizontally, Examiner also notes that the inlet duct 210 is pivotable relative to the air treatment chamber (See Para [0129] “The dirty air duct 210 is rotatable with the cyclonic separation apparatus 208, as is shown in FIG. 11 where the dirty air duct is in a folded position.”)), a horizontal axis intersects the air treatment member, the suction motor, and the energy storage member (See Main axis 205 in Fig. 10 and 11 intersecting air treatment member 208 motor 216 and battery cells 217).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the motor housing to include the energy storage member and to be located directly between the handle and air treatment member as doing so would allow for the clean air flow to flow over the motor and energy storage members before being exhausted out of the cleaner in order to cool down those components and prevent them from overheating as advantageously disclosed in Smith Para [0143] “Pathways in the central housing 226 direct the clean air flow from the fan over the motor 216 and cells 217, to cool the motor and cells, before the air flows out the perforations 236 in the end cap 232.”
Regarding Claim 28, Stickney teaches all the limitations of claim 27 and in addition teaches wherein the suction motor is positioned rearward of the air treatment member and forward of the finger gap (Stickney as modified by Obour and Smith has the handle (6 of Stickney) placed behind the suction motor, resulting in the motor being positioned rearward of the suction motor and forward from the finger gap, See Obour where motor 29 is positioned rearward the air treatment member (21) and forward the finger gap of handle (52)).
Regarding Claim 29, Stickney teaches all the limitations of claim 27 and in addition teaches wherein the handle has a handle axis (axis extends from handle 6 first end and second end) that extends from the lower end of the handle, through the hand grip portion and the upper end of the handle and the handle axis extends through the controller (See figure 1, and see where trigger 18 extends through trigger).
Regarding Claim 30, Stickney teaches all the limitations of claim 29 and in addition teaches wherein the handle axis extends through the energy storage member (see attached Figure A where handle axis extends through energy storage member 8).
Regarding Claim 32, Stickney teaches all the limitations of claim 27 and in addition teaches when the hand vacuum cleaner is oriented with the controller above the energy storage member (see figure 1), the air treatment member has a lower openable portion (see figure 3 for lower openable portion).
Regarding Claim 33, Stickney teaches all the limitations of claim 27 and in addition teaches wherein the handle is provided at a rear end of the hand vacuum cleaner (see figure 1).
Regarding Claim 34, Stickney teaches all the limitations of claim 27 and in addition teaches wherein the controller is provided at the first end of the handle (see placement of trigger 18 in figure 1, and placement of controller 14 of Smith in Fig. 1).
Claim(s) 31 is rejected under 35 U.S.C. 103 as being unpatentable over Stickney (US 20140137364 A1) and Orubor (US 20090070953 A1) Smith (US 20130091655 A1) as modified in claim 27 and in further view of Beskow (US 20080040883 A1).
Regarding Claim 31, Stickney teaches all the limitations of claim 30 but does not explicitly teach further comprising an information display device.
However, Beskow does teach a cleaner that utilizes a LED status light (614).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the cleaner of Stickney to include a LED status light as an information display device as doing so would “provide the user with feedback regarding the operation of the device.” (See Para [0082] of Beskow).
Claim(s) 38 is rejected under 35 U.S.C. 103 as being unpatentable over Stickney (US 20140137364 A1) and Smith (US 20130091655 A1) as modified in claim 35 and in further view of Beskow (US 20080040883 A1).
Regarding Claim 38, Stickney teaches all the limitations of claim 35 but does not explicitly teach further comprising an information display device.
However, Beskow does teach a cleaner that utilizes a LED status light (614).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the cleaner of Stickney to include a LED status light as an information display device as doing so would “provide the user with feedback regarding the operation of the device.” (See Para [0082] of Beskow).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler James McFarland whose telephone number is (571)272-7270. The examiner can normally be reached M-F 7:30AM-5PM (E.S.T), Flex First Friday.
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/T.J.M./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723