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/Restriction
Applicant’s amendments to claims 1-11 has been reinstated due to being drawn towards the elected invention.
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, 6, and 8-20 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (2021/0386259) in view of Tonderys (2019/0090701).
Regarding Claim 1, Conrad teaches A hand vacuum cleaner (Ref. 100, Fig. 2) having a front end (Ref. 116, Fig. 2, [0228]) and a rear end (Ref. 118, Fig. 2, [0228]) and a central longitudinal axis (See Fig. 4 annotated below) extending between the front and rear ends (Fig. 4), the hand vacuum cleaner comprising:
(a) an air flow passage (Fig. 4, [0229]) extending from a dirty air inlet (Ref. 134, Fig. 4 ([0229]) to a clean air outlet (Ref. 136, Fig. 4, [0229]) wherein a first stage air treatment chamber (Ref. 146, Fig. 4, [0232]) and a suction motor (Ref. 196&138, Fig. 4, [0230]) are provided in the air flow passage (Fig. 4, [0230]), wherein the central longitudinal axis extends between a front chamber end (See Fig. 4 annotated below) and a rear chamber end (See Fig. 4 annotated below) of the first stage air treatment chamber (Fig. 4);
(b) a stationary component (Ref. 124, Fig. 9); and,
(c) a rotatable component (Ref. 130, Fig. 9-12) rotatably mounted to the stationary component about a rotational axis (Ref. 216, [0262] describes rotating around the recess 216 to form a pivot), the rotatable component, which comprises at least a portion of the first stage air treatment chamber (Fig. 4) and the suction motor, is moveable between an in use position (Fig. 4) in which the air treatment chamber is closed (Fig. 4) and an emptying position (Fig. 8, 11-12) wherein the rotatable component moves from the in use position to the emptying position opens the first stage air treatment chamber (Fig. 8 shows opening the opening the first stage air treatment).
Conrad fails to explicitly teach wherein moving the rotatable component from the in use position to the emptying position opens the first stage air treatment chamber. Tonderyus teaches a hand held vacuum cleaner with an airflow passage, a stationary component, and a rotatable component and can be considered analogous art because it is within the same field of endeavor. Tonderyus teaches A hand vacuum cleaner (Ref. 100, Fig. 1) having a front end (Ref. 142, Fig. 1, [0063]) and a rear end (Ref. 140, Fig. 1, [0063]) and a central longitudinal axis (Ref. 116, Fig. 1) extending between the front and rear ends (Fig. 1), the hand vacuum cleaner comprising an airflow passage (Fig. 4), a stationary component (Ef. 104, Fig. 3), a rotatable component (Ref. 110, Fig. 1&3) mounted to the stationary component about a rotational axis (Ref. 149, Fig. 3), the rotatable component, which comprises at least a portion of the first stage air treatment chamber (Ref. 152, Fig. 4), is moveable between an in use position (Fig. 1) in which the air treatment chamber is closed (Fig. 1) and an emptying position (Fig. 3) wherein moving the rotatable component from the in use position to the emptying position opens the first stage air treatment chamber (Fig. 3&7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the rotating component, as taught by Conrad, wherein moving the rotatable component from the in use position to the emptying position opens the first stage air treatment chamber, as taught by Tonderyus, to allow for easy emptying of the dust container and automatic emptying.
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Regarding Claim 2, Conrad as modified teaches the limitations of claim 1, as described above, and further teaches wherein the rotatable component (130) is rotatably mounted to the stationary component at a location (Ref. 222, Fig. 10) between a front end of the rotatable component (Ref. 180, Fig. 12) and a rear end of the rotatable component (Ref. 176, Fig. 12).
Regarding Claim 3, Conrad as modified teaches the limitations of claim 1, as described above, and Tonderyus further teaches wherein moving the rotatable component (110) from the in use position (Fig. 1) to the emptying position (Fig. 3) opens the front chamber end of the first stage air treatment chamber (Fig. 3&7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the rotating component, as taught by Conrad as modified, to open the front chamber end of the first stage air treatment chamber, as taught by Tonderyus, to allow a greater range of motion of the rotatable component and allow for easier emptying and manipulation of debris.
Regarding Claim 4, Conrad as modified teaches the limitations of claim 1, as described above, and Conrad further teaches wherein, when the rotatable component is in the emptying position (Fig. 8&11), a front end of the rotatable component (Fig. 4 annotated below) is positioned below the central longitudinal axis and faces downwardly (Fig. 11) and a rear end of the suction motor (Fig. 4 annotated below) is positioned above the central longitudinal axis and faces upwardly (Fig. 11).
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Regarding Claim 6, Conrad as modified teaches the limitations of claim 1, as described above, and Conrad further teaches wherein the rotational axis (216) is located forward of the suction motor (Fig. 4&10).
Regarding Claim 8, Conrad as modified teaches the limitations of claim 6, as described above, and Conrad further teaches a second stage air treatment chamber (Ref. 148, Fig. 4) and the rotational axis extends through the second stage air treatment chamber (Fig. 12).
Regarding Claim 9, Conrad as modified teaches the limitations of claim 1, as described above, and Conrad further teaches a second stage air treatment chamber (Ref. 148, Fig. 4), the second stage air treatment chamber having a dirt collection region (Ref. 148, Fig. 4, [0232]) and the dirt collection region is also opened when the rotatable component is in the emptying position (Fig. 8&11-12).
Regarding Claim 10, Conrad as modified teaches the limitations of claim 1, as described above, and Conrad further teaches wherein the stationary component comprises a handle (Ref. 128, Fig. 2-3, [0228]) and the handle is positioned rearward of the rotational axis (Fig. 11).
Regarding Claim 11, Conrad as modified teaches the limitations of claim 10, as described above, and Conrad further teaches an energy storage member (Ref. 112, [0227] describes the power source maybe an energy storage member) positioned at a lower end of the handle (Fig. 2).
Regarding Claim 12, Conrad teaches A hand vacuum cleaner (Ref. 100, Fig. 2) having a front end (Ref. 116, Fig. 2, [0228]) and a rear end (Ref. 118, Fig. 2, [0228]) and a central longitudinal axis (See Fig. 4 annotated below) extending between the front and rear ends (Fig. 4), the hand vacuum cleaner comprising:
(a) an air flow passage (Fig. 4, [0229]) extending from a dirty air inlet (Ref. 134, Fig. 4 ([0229]) to a clean air outlet (Ref. 136, Fig. 4, [0229]) wherein a first stage air treatment chamber (Ref. 146, Fig. 4, [0232]) and a suction motor (Ref. 138, Fig. 4, [0230]) are provided in the air flow passage (Fig. 4, [0230]), wherein the central longitudinal axis extends between a front chamber end (See Fig. 4 annotated below) and a rear chamber end (See Fig. 4 annotated below)of the first stage air treatment chamber (Fig. 4);
(b) a stationary component (Ref. 124, Fig. 9) comprises a main body (Ref. 124, Fig. 4, [0228]), the main body house the suction motor (138 Fig. 4&12), the main body having a pistol grip handle (Ref. 128, Fig. 2&13, [0266]) extending downwardly from a lower surface of the main body (Fig. 1&13, [0267] shows downward from the lower surface of the main body (124)); and,
(c) a rotatable component (Ref. 130, Fig. 9-12) rotatably mounted to the stationary component about a rotational axis (Ref. 216, [0262] describes rotating around the recess 216 to form a pivot), the rotatable component, which comprises at least a portion of the first stage air treatment chamber (Fig. 12), is moveable between an in use position (Fig. 4) in which the air treatment chamber is closed (Fig. 4) and an emptying position (Fig. 8, 11-12) wherein the rotatable component moves from the in use position to the emptying position opens the first stage air treatment chamber (Fig. 8 shows opening the opening the first stage air treatment).
Conrad fails to explicitly teach wherein moving the rotatable component from the in use position to the emptying position opens the first stage air treatment chamber. Tonderyus teaches a hand held vacuum cleaner with an airflow passage, a stationary component, and a rotatable component and can be considered analogous art because it is within the same field of endeavor. Tonderyus teaches A hand vacuum cleaner (Ref. 100, Fig. 1) having a front end (Ref. 142, Fig. 1, [0063]) and a rear end (Ref. 140, Fig. 1, [0063]) and a central longitudinal axis (Ref. 116, Fig. 1) extending between the front and rear ends (Fig. 1), the hand vacuum cleaner comprising an airflow passage (Fig. 4), a stationary component (Ref. 104, Fig. 3), a rotatable component (Ref. 110, Fig. 1&3) mounted to the stationary component about a rotational axis (Ref. 149, Fig. 3), the rotatable component, which comprises at least a portion of the first stage air treatment chamber (Ref. 152, Fig. 4), is moveable between an in use position (Fig. 1) in which the air treatment chamber is closed (Fig. 1) and an emptying position (Fig. 3) wherein moving the rotatable component from the in use position to the emptying position opens the first stage air treatment chamber (Fig. 3&7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the rotating component, as taught by Conrad, wherein moving the rotatable component from the in use position to the emptying position opens the first stage air treatment chamber, as taught by Tonderyus, to allow for easy emptying of the dust container and automatic emptying.
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Regarding Claim 13, Conrad as modified teaches the limitations of claim 12, as described above, and Tonderyus further teaches wherein moving the rotatable component (110) from the in use position (Fig. 1) to the emptying position (Fig. 3) opens the front chamber end of the first stage air treatment chamber (Fig. 3&7). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the rotating component, as taught by Conrad as modified, to open the front chamber end of the first stage air treatment chamber, as taught by Tonderyus, to allow a greater range of motion of the rotatable component and allow for easier emptying and manipulation of debris.
Regarding Claim 14, Conrad as modified teaches the limitations of claim 12, as described above, and Conrad further teaches wherein, when the rotatable component (130) is in the emptying position (Fig. 11-12), a front end of the rotatable component (Ref. 180, Fig. 12) is positioned below the central longitudinal axis and faces downwardly (Fig. 12 shows as least part the front end is below the central longitudinal axis and faces downward) and a rear end of the rotatable component (Ref. 176, Fig. 12) is positioned above the central longitudinal axis and faces upwardly (Fig. 12).
Regarding Claim 15, Conrad as modified teaches the limitations of claim 12, as described above, and Conrad further teaches a second stage air treatment chamber (ref. 148, Fig. 4) and the rotational axis extends through the second stage air treatment chamber (Fig. 12).
Regarding Claim 16, Conrad as modified teaches the limitations of claim 12, as described above, and Conrad further teaches a second stage air treatment chamber (Ref. 148, Fig. 4), the second stage air treatment chamber having a dirt collection region (Ref. 148, Fig. 4, [0232]), and the dirt collection region is also opened when the rotatable component is in the emptying position (Fig. 8&11-12).
Regarding Claim 17, Conrad as modified teaches the limitations of claim 12, as described above, and Conrad further teaches wherein the pistol grip handle is positioned rearward of the rotational axis (Fig. 11&12).
Regarding Claim 18, Conrad as modified teaches the limitations of claim 17, as described above, and Conrad further teaches an energy storage member (Ref. 112, [0227] describes the power source maybe an energy storage member) positioned at a lower end of the pistol grip handle (Fig. 2).
Regarding Claim 19, Conrad as modified teaches the limitations of claim 12, as described above, and Conrad further teaches wherein the stationary component further comprises a yoke member (Ref. 168, Fig. 2, [0241]) the rotatable component is rotatably mounted to the yoke member (fig. 11-12).
Regarding Claim 20, Conrad as modified teaches the limitations of claim 17, as described above, and Conrad further teaches herein the stationary component further comprises a yoke member (Ref. 168, Fig. 2, [0241]), the rotatable component is rotatably mounted to the yoke member (fig. 11-12).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad as modified as applied to claim 1 and 6 above, and further in view of Conrad (2020/0373544, Conrad 2).
Regarding Claim 5, Conrad as modified teaches the limitations of claim 1, as described above, and Conrad further teaches wherein the rotatable component has a forward portion (Ref. 176, Fig. 5), a rearward portion (Ref. 180, Fig. 5) and a central portion (Fig. 5 the part between the forward and rearward portion) located between the forward and rearward portions (Fig. 5), the forward portion has an axial length (Fig. 4-5, examiner interprets the axial length as the height) that is the same as an axial length of the rearward portion (Fig. 4-5, examiner interprets the axial length as the height) and an axial length of the central portion (Fig. 4-5, examiner interprets the axial length as the height). Conrad as modified fails to explicitly teach the rotational axis extends through the central portion. Conrad 2 teaches a hand held vacuum cleaner with an airflow passage, a stationary component, and a rotatable component and can be considered analogous art because it is within the same field of endeavor. Conrad 2 teaches a handheld vacuum cleaner (Ref. 100, Fig. 1) comprising a rotatable component (Ref. 112&224, Fig. 8-9) having a forward portion (Fig. 9, 112, left side), a rearward portion (Fig. 9, 112, right side), and a central portion (Fig. 9, 112, middle portion) and a rotational axis (Ref. 396, Fig. 8a) extends through the central portion (Fig. 8a). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the rotational axis, as taught by Conrad as modified, to extend through the central portion, as taught by Conrad 2, by rearrangement of parts and since such a modification would yield the predictable result of allowing the rotatable component to be moved from an in use position to an emptying position.
Regarding Claim 7, Conrad as modified teaches the limitations of claim 6, as described above, but fails to explicitly teach wherein the rotational axis is located rearward of the first stage air treatment chamber. Conrad 2 teaches a hand held vacuum cleaner with an airflow passage, a stationary component, and a rotatable component and can be considered analogous art because it is within the same field of endeavor. Conrad 2 teaches a handheld vacuum cleaner (Ref. 100, Fig. 1) comprising a rotatable component (Ref. 112 Fig. 8-9) having a first state air treatment chamber (Ref. 112, Fig. 8-9) and a rotational axis (Ref. 396, Fig. 8a) located rearward of the first stage air treatment chamber (Fig. 8-9). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the rotational axis, as taught by Conrad as modified, rearward of the first air treatment chamber, as taught by Conrad 2, by rearrangement of parts and since such a modification would yield the predictable result of allowing the rotatable component to be moved from an in use position to an emptying position.
Response to Arguments
Applicant’s amendments to the claim are acknowledged. Examiner has withdrawn the 35 USC 112(b) rejections and claim objections.
Applicant’s amendments to the drawings acknowledged. Examiner has withdrawn the drawing objections.
Applicant’s arguments, filed 06 May, 2026, with respect to the rejection(s) of claim(s) 1 and 12 under 35 USC 102 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 Conrad in view of Tonderyus. Conrad teaches the rotatable component, which comprises at least a portion of the first stage air treatment chamber (Fig. 12), is moveable between an in use position (Fig. 4) in which the air treatment chamber is closed (Fig. 4) and an emptying position (Fig. 8, 11-12) wherein the rotatable component moves from the in use position to the emptying position opens the first stage air treatment chamber (Fig. 8 shows opening the opening the first stage air treatment). Tonderyus is used to teach the concept of at least a portion of the first stage air treatment chamber (Ref. 152, Fig. 4), is moveable between an in use position (Fig. 1) in which the air treatment chamber is closed (Fig. 1) and an emptying position (Fig. 3) wherein moving the rotatable component (110) from the in use position to the emptying position opens the first stage air treatment chamber (Fig. 3&7). Therefore, by teaching the concept of moving the rotatable component from the in use position to the emptying position opens the first stage air treatment chamber, as taught by Tonderyus, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the rotating component, as taught by Conrad, wherein moving the rotatable component from the in use position to the emptying position opens the first stage air treatment chamber, as taught by Tonderyus, to allow for easy emptying of the dust container and automatic emptying
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DANA L POON whose telephone number is (571)272-6164. The examiner can normally be reached on General: 6:30AM-3:30PM.
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/DANA LEE POON/Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
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