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 04/20/2026. Claims 1-4, 7-11, 14-15 and 17-21 are pending. Claims 1-4, 11, 14-15, and 17 are rejected; claims 7-10 and 18-21 are withdrawn.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/05/2026 has been entered.
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 upright surface cleaning apparatus comprising a cyclone with axial cyclone air inlet (from claim 15) in the lower end (from claim 1) and a cyclone air outlet in the lower end (from claim 1) must be shown or the feature(s) canceled from the claim(s). 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 15 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 15 recites, “The upright surface cleaning apparatus of claim 1, wherein the cyclone air inlet is an axial air inlet” which is not supported by applicant’s original disclosure. In the Remarks, applicant recites figs. 3A and 12A for support of amendments to independent claim 1, and thereby claim 15. The Examiner notes these figure(s) disclose the cyclone air inlet as a tangential air inlet. Further, the Examiner refers to pp. [00240-00252] for support of cyclone bin configuration(s) and specifically, pp. [00245] and fig. 27B, which discloses an upright surface cleaning apparatus comprising a cyclone having an axial cyclone air inlet. However, this embodiment, nor other embodiments of axial cyclone air inlets in a non-circular cyclone, does not disclose an axial cyclone air inlet provided in the lower end and the cyclone air outlet in the lower end, as provided by the newly amended independent claim 1. Therefore, the recitation introduces New Matter, and it does not appear applicant had possessions of the claimed invention at the time the application was filed.
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 1-4, 11, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 2018/0055301) in view of Dai (US 2021/0038036).
The embodiment of fig. 31 is utilized in the following rejection; however, specific reference numbers are shown and described for earlier figures and embodiments. Please refer to those figures for details.
Regarding claim 1, Conrad (US 2018/0055301) discloses a surface cleaning apparatus (item 100; figs. 1-2) comprising:
(a) an air flow path (defined as arrowed pathway through inlet 106, cleaning unit 130, suction housing 108, and exhaust outlets 108; figs. 1 and 31) from a dirty air inlet (item 106; pp. [0314]; fig. 1) provided in a surface cleaning head (item 104; fig. 1) to a clean air outlet (item 108; pp. [0314]; fig. 1) with a motor and fan assembly (item 112; pp. [0315]; fig. 31);
(b) an upright assembly (item 102; fig. 1) moveably mounted to the surface cleaning head between an upright storage position (defined as position in view of fig. 1), in which the upright assembly extends generally vertically from the surface cleaning head, and a reclined in use position (not explicitly shown, defined as position when pivot joint member is pivoted relative to surface cleaning head 104; pp. [0346] and [0367]), the upright assembly comprising a cyclone bin assembly (item 110; pp. [0315]; figs. 1 and 31) which, when the upright assembly is in the upright storage position, has:
(i) an upper assembly end (designated in annotated fig. 31 below), an opposed lower assembly end (designated in annotated fig. 31 below), a longitudinal axis (designated in annotated fig. 31 below ) extending in an axial direction between the upper and lower assembly ends (fig. 31 below),
(ii) a cyclone (pp. [0338]; fig. 31) located in the air flow path (defined by arrowed pathway in view of fig. 31; dirty air enters into cyclone to be filtered), the cyclone having an upper end (designated in annotated fig. 31 below), an opposed lower end (designated in annotated fig. 31 below), a cyclone axis of rotation (item 276; fig. 31) that extends in the axial direction between the upper and lower ends (fig. 31), a sidewall (defined as outer wall of cyclone 282; figs. 32-33) located between the upper and lower ends (sidewall is positioned between both ends in the axial direction in view of fig. 31), a cyclone air inlet (item 284; pp. [0391]; figs. 31-33) provided in the lower end (figs. 31-33), a cyclone air outlet (item 286; pp. [0391]; figs. 31-32) provided in the lower end (fig. 31 below) and a first dirt outlet (item 288; pp. [0391]; figs 31-33) provided in the upper end (figs. 31-33), wherein a cyclone chamber (item 188; pp. [0338]; fig. 31) is located internal of the sidewall (cyclone chamber 188 is within boundary of sidewall; figs. 31-33) between the upper and lower ends (cyclone chamber 188 is positioned between upper and lower ends in axial direction; fig. 31), and
(iii) a dirt collection chamber (item 190; pp. [0338]; figs 31-33) external to the cyclone chamber (pp. [0338]; dirt collection chamber 190 is external to cyclone chamber 188) and in communication with the cyclone chamber via the first dirt outlet (pp. [0391-0392]; dirt collection chamber 190 is in fluid communication with first dirt outlet 288; fig. 31),
wherein, in a plane perpendicular to the cyclone axis of rotation (defined as plane in view of fig. 33), the cyclone bin assembly has a cross-sectional area that is rectangular (fig. 33),
wherein the first dirt outlet comprises an opening in the sidewall (figs. 31-33, first dirt outlet 288 is an opening in upper portion of sidewall; figs. 31-33), and
wherein the dirt collection chamber is radially positioned beside the cyclone chamber (dirt collection chamber 190 is radially positioned outward, next to, i.e. besides, and beneath cyclone chamber 188, i.e. encompassing cyclone chamber; figs. 31-33) and the cyclone chamber and the dirt collection chamber are concurrently openable (upper end of cyclone chamber 188 and dirt collection chamber 190 are openable simultaneously via door 244; fig. 10),
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Annotated Fig. 31.
Though Conrad discloses in a plane that is perpendicular to the cyclone axis of rotation the cyclone bin assembly has the cross-sectional area of rectangular (fig. 33), Conrad does not explicitly disclose wherein the rectangular cross-sectional has rounded ends. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the rectangular cyclone bin assembly cross-sectional area to have rounded ends since it has been held that unless a new and unexpected result is produce, a change of shape of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.04-IV-B). The embodiments of figs. 77-85 in Conrad (US’301) teaches a cyclone bin assembly having a cross-sectional area in a plane perpendicular to the cyclone axis of rotation as rectangular with rounded ends. Therefore, absent any new or unexpected results, it would have been obvious to change the rectangular cross-sectional area to include rounded ends, in view of the teachings of embodiments figs. 77-85 in Conrad, since such a modification would yield the same results of filtering the dirty air and collecting the dirt and debris, and in view of Conrad, there are reasonable expectations of success. Please note in the instant application, pp. [00170-00176], the application has not disclosed any criticality for the claimed limitation.
Further, Conrad does not explicitly disclose wherein the cyclone chamber has a non-circular cross-sectional area in a plane that is perpendicular to the cyclone axis of rotation.
However, Dai (US 2021/0038036) teaches a cyclone bin assembly (item 10; figs. 11-12 embodiment) comprising a cyclone (item 20; fig. 11) having a sidewall (item 21; fig. 11), wherein a cyclone chamber (item 211; figs. 11-12) is located internal of the sidewall, and wherein the cyclone chamber has a non-circular cross-sectional area (pp. [0074]; fig. 12) in a plane that is perpendicular to a cyclone axis of rotation (defined as plane along line H-H, figs. 5-6 and 12).
Conrad discloses the cyclone may be any suitable configuration (pp. [0388]), therefore it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the cyclone chamber, as disclosed in Conrad, to have a non-circular cross sectional area in a plane perpendicular to the cyclone axis of rotation, as taught in Dai, for rotation of the dust to be accelerated and thrown out at the highest speed in order to most efficiently achieve the separation of dust and air (pp. [0074] in Dai).
Regarding claim 2, Conrad as modified discloses the upright surface cleaning apparatus as claimed in claim 1, wherein the upper end comprises an upper end wall (designated in annotated fig. 31 above) and the sidewall extends to the upper end wall (in view of fig. 31, left side of sidewall extends to upper end wall), the first dirt outlet is a port in the sidewall (first dirt outlet 288 is a port, i.e. opening, in sidewall; figs. 31-32).
Regarding claim 3, Conrad as modified discloses the upright surface cleaning apparatus as claimed in claim 2, wherein the first dirt outlet is located at the upper end wall and comprises a gap between the sidewall and the upper end wall (first dirt outlet 288 is a gap between upper end wall and sidewall; figs. 31-33).
Regarding claim 4, Conrad as modified discloses the upright surface cleaning apparatus as claimed in claim 1, wherein, in perpendicular section (in view of figs. 32-33), the cyclone chamber is ellipsoid (as modified above by Dai, cyclone chamber is ellipsoid).
Regarding claim 11, Conrad as modified discloses the surface cleaning apparatus as claimed in claim 1. The embodiment of figs. 31-33 does not explicitly disclose further comprising a second dirt outlet that is also located at the upper end and is angularly positioned around the sidewall from the first dirt outlet. However, Conrad does disclose each cyclone chamber may be configured to include one dirt outlet or more than one dirt outlet (pp. [0393] and [0410]). Therefore, the embodiment of fig. 34 in Conrad comprises a cyclone (fig. 34) with sidewall (item 282; fig. 34), and a first dirt outlet (right-sided item 288; fig. 34) and a second dirt outlet (left-sided item 288; fig. 34) formed at the upper end (corresponding to upper end in figs. 31-33 embodiment) and is angularly positioned around the sidewall around the first dirt outlet (first dirt outlet is angularly positioned relative to second dirt outlet along sidewall, pp. [0398]; figs. 23 and 34).
Therefore, 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 cyclone chamber, as disclosed in embodiment of figs. 31-33, to include a second dirt outlet angularly positioned around the sidewall from the first dirt outlet since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art (see MPEP 2144.04-VI-B), and, as disclosed in the embodiment of fig. 34 in Conrad, there are reasonable expectations of success. Please note in the instant application, pp. [000139-00140], the application has not disclosed any criticality for the claimed limitation.
Regarding claim 14, Conrad as modified discloses the upright surface cleaning apparatus as claimed in claim 1, wherein the cyclone air inlet is a tangential air inlet (cyclone air inlet 284 is a tangential air inlet into the cyclone; figs. 31-33).
Regarding claim 17, Conrad discloses a surface cleaning apparatus (item 100; figs. 1-2) having an axis (item 204; fig. 1) extending in an axial direction (item 138; fig. 5), the surface cleaning apparatus comprising:
(a) an air flow path defined as arrowed pathway through inlet 106, cleaning unit 130, suction housing 108, and exhaust outlets 108; figs. 1 and 31) from a dirty air inlet (item 106; pp. [0314]; fig. 1) to a clean air outlet (item 108; pp. [0314]; fig. 1) with a motor and fan assembly (item 112; pp. [0315]; fig. 7) located in the air flow path (defined by arrowed pathway in view of fig. 7);
(b) a cyclone bin assembly (item 110; pp. [0315]; figs. 1 and 7) having
(i) a first assembly end (designated in annotated fig. 7 below) comprising a first assembly end wall (designated in annotated fig. 7 below), an opposed second assembly end (designated in annotated fig. 7 below), a longitudinal axis (defined coaxial to item 276; fig. 7) extending in the axial direction between the first and second assembly ends (fig. 7);
(ii) a cyclone (item 114; pp. [0315]; fig. 7) located in the air flow path (defined by arrowed pathway in view of fig. 7; dirty air enters into cyclone to be filtered), the cyclone having a first end (designated in annotated fig. 7 below) comprising a first end wall (item 262; figs. 7 and 11), an opposed second end (designated in annotated fig. 7 below), a cyclone axis of rotation (item 276; pp. [0388]; fig. 7) that extends in the axial direction (fig. 7) between the first and second ends (cyclone axis of rotation 276 extends in a region between the two ends), a sidewall (item 282; pp. [0390]; fig. 7) located between the first and second ends (sidewall is positioned between both ends , fig. 7), a cyclone air inlet (item 284; fig. 22), a cyclone air outlet (item 286; fig. 7) and a first dirt outlet (item 288; figs. 7 and 22) wherein a cyclone chamber (item 188; fig. 7) is located internal of the sidewall (cyclone chamber 188 is within boundary of sidewall; figs. 7 and 22) between the first and second ends (cyclone chamber 188 is positioned between first and second ends); and
(iii) a dirt collection chamber (item 190; fig. 7) external to the cyclone chamber (pp. [0338]; dirt collection chamber 190 is external to cyclone chamber 188) and in communication with the cyclone chamber via the first dirt outlet (pp. [0391-0392]; dirt collection chamber 190 is in fluid communication with first dirt outlet 288; fig. 31),
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Annotated Fig. 7.
wherein the first end wall is moveable between a closed position (defined as position in view of figs. 1-2 and 7) and an open position (defined as position in view of fig. 11) and the first dirt outlet comprises a spacing between at least a portion of the first end wall and the sidewall (first dirt outlet 288 is a space between the first end wall and sidewall 282 when assembled; fig. 7), and
wherein a first portion of the dirt collection chamber (defined as right portion of dirt collection chamber 190 in view of fig. 7, i.e. item 302) is radially positioned beside the cyclone chamber (first portion of dirt collection chamber 302 is radially positioned outward and next to, i.e. besides, cyclone chamber 188; fig. 7) and a second portion of the dirt collection chamber (defined as portion below cyclone 114; designated in annotated fig. 7 above, i.e. item 304) is axially spaced from the cyclone chamber (annotated fig. 7 above) such that the second portion of the dirt collection chamber is positioned between the first end wall and the first assembly end wall (second portion is structurally positioned between first end wall, i.e. defined as upper end, and first assembly end wall, defined at lower end; designated in annotated fig. 7 above) and
wherein the cyclone chamber and the dirt collection chamber are concurrently openable (pp. [0373-0375; via first end wall 262; fig. 11).
Conrad does not explicitly disclose wherein the cyclone chamber has a non-circular cross-sectional area in a plane that is perpendicular to the cyclone axis of rotation.
However, Dai (US 2021/0038036) teaches a cyclone bin assembly (item 10; figs. 11-12 embodiment) comprising a cyclone (item 20; fig. 11) having a sidewall (item 21; fig. 11), wherein a cyclone chamber (item 211; figs. 11-12) is located internal of the sidewall, and wherein the cyclone chamber has a non-circular cross-sectional area (pp. [0074]; fig. 12) in a plane that is perpendicular to a cyclone axis of rotation (defined as plane along line H-H, figs. 5-6 and 12).
Conrad discloses the cyclone may be any suitable configuration (pp. [0388]), therefore it would have been obvious to one of ordinary skill in the art before the effective filing of the claimed invention to modify the cyclone chamber, as disclosed in Conrad, to have a non-circular cross sectional area in a plane perpendicular to the cyclone axis of rotation, as taught in Dai, for rotation of the dust to be accelerated and thrown out at the highest speed in order to most efficiently achieve the separation of dust and air (pp. [0074] in Dai).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 17 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. Upon further consideration and as necessitated by the amendments, a new grounds of rejection is made for independent claim 1 in view of a new primary reference, Conrad (US 2018/0055301), and further in view of a new teaching reference, Dai (US 2021/0038036). Additionally, as necessitated by the amendments, a new grounds of rejection is made in view of Conrad (US 2018/0055301), and further in view of Dai, for independent claim 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Conrad (US 2011/0219574) discloses an upright surface cleaning apparatus comprising an air flow path, an upright assembly having a cyclone bin assembly comprising a cyclone including a cyclone air inlet in a lower end, a cyclone air outlet in the lower end, and a first dirt outlet in an upper end, wherein the upright assembly further comprises a dirt collection chamber radially positioned beside the cyclone chamber, and wherein the cyclone bin assembly has a non-circular cross section in a plane perpendicular to a cyclone axis of rotation.
Conrad (US 2020/0077854) discloses a surface cleaning apparatus configured to be used in an upright vacuum cleaner configuration, wherein the apparatus comprises a cyclone having an axial cyclone air inlet on a lower end and a cyclone air outlet on an upper end.
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..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571)272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIDNEY D FULL/Examiner, Art Unit 3723
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