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 filed 06/20/2025 have been fully considered but they are not persuasive.
Regarding Applicants arguments with respect to claim 1, starting on page 11, Applicant argues that it would not be obvious to modify Milne in view of Conrad2 to have the inlet conduit remain in place. Applicant relies on US 10,390,670 (herein referred to as ’670, and examiner additionally notes that this is not a reference relied on in either previous rejection nor the current one) from the same patentee as Milne, to show that cyclone assembly of Milne is meant to be removable, with the inlet conduit attached to the cyclone assembly. Examiner does not find this persuasive, as Milne states in, Para [0013] “The handheld vacuum cleaner 10 has a main body 12 which houses a motor and fan unit (not shown). The main body 12 also includes a power source 14 such as a battery. A handle 16 is provided on the main body 12 for manipulating the handheld vacuum cleaner 10 in use. A cyclonic separator 100 is attached to the main body 12. A dirty air inlet 18 extends from a portion of the cyclonic separator 100 remote from the main body 12.” Indicating that the inlet is attached to the main body through the cyclonic separator 100. Additionally, Milne does not disclose the cyclone 100 is removably attached, only stating that it is attached to the main body 12. As such Milne alone discloses “wherein the inlet conduit is fixedly mounted to the main body.” The existence of ‘670 does not change this, even though the patentee is the same between Milne and ‘670, future improvement to a design in a different application do not prevent the original design from being considered prior art. Additionally, ‘670 was originally published nearly a decade following the original publication of Milne. ‘670 has an original publication date of 07-27-2017, while Milne was originally published in 12-17-2009. Assuming examiner accepts applicants’ arguments regarding ’670, that would not change the fact that Conrad2 still discloses a cleaner with an inlet fixedly mounted to a main body housing a motor, See Figure 8 and Para [0546] “Referring to FIGS. 1-6, in this embodiment the removable assembly includes only the cyclone unit 126 (including the cyclone chamber 128 and dirt collection chamber 130) that is removable from the main body 106 for emptying (see FIG. 6). In this example, the cyclone unit 126 is removable from the main body as a substantially sealed unit, but for the cyclone air inlet 178 and cyclone air outlet 180, which may help a user transport the cyclone unit 126 to a garbage can without spilling dirt from the dirt collection chamber.” With the cited para [0546] additionally providing a motivation for why someone would want to remove a cyclone body in such a way “which may help a user transport the cyclone unit 126 to a garbage can without spilling dirt from the dirt collection chamber.”. with there being an additional motivation in that Milne discloses a door on the cyclone body for the same purpose (Para [0007] of Milne, “This arrangement allows the catch to be released without the user actually touching the collector. It also provides a compact, reliable mechanism for remotely emptying the collector in a cost-efficient manner.”), and Conrad2 teaches an additional embodiment using a similar door for emptying (See Para [0490] “For example, in the embodiments of FIGS. 37-38 and 39, the openable portion of the dirt collection chamber 130 is the bottom end wall 206. This wall can be opened in a manner that is analogous to opening the front door 216 in the other embodiments”), and finally discloses in Para [0426] “The following is a description of cyclone units that may be used by themselves in any surface cleaning apparatus or in any combination or sub-combination with any other feature or features described herein. For example, any cyclone unit described herein may be used with any of the dirt collection chambers, cyclone chamber, emptying methods, pre-motor filter housings, pre-motor filters, removable component configurations, component configurations, dual mode operable door lock, handle configurations, on-board power source arrangements, wands, surface cleaning heads, information display devices, power switches and controls, air flow configurations, suction motors, reconfigurable vacuums, clean air outlet configurations, onboard chargers, power operating modes and other features described herein.” Indicating that these different arrangements are known equivalents in the art for the purpose of emptying the dust chamber of a cleaner and would be obvious to substitute one for another, see MPEP 2144.06 II. As such this argument is not found persuasive.
Regarding Applicants argument with respect to claim 5, beginning on page 14, applicant argues that the claimed apparatus would perform differently than the device disclosed by Milne. Applicant has provided no evidence in the specification nor the arguments that the relative dimensions of the post motor filter and air vents with respect to the suction motor are critical to the functions of the cleaner. One of ordinary skill in the art would understand that while changing the dimensions of the filter or the air vents relative to the size of the suction motor could potentially change the overall efficiency of the cleaner, it would not change the overall function of the cleaner, nor if it is able to perform that function. As such Examiner does not find this argument persuasive. Applicants remaining arguments, including those pointed towards claim 9 are not found persuasive for the same reasons as above.
Claim Objections
Claim 5 objected to because of the following informalities: “and the air outlet ports of the filter cover overly…” should be “and the air outlet ports of the filter cover overlay”.
Appropriate correction is required.
Claim 9 objected to because of the following informalities: “and the air outlet ports of the filter cover overly…” should be “and the air outlet ports of the filter cover overlay”.
Appropriate correction is required.
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) 1-4, 23, 24 are rejected under 35 U.S.C. 103 as being unpatentable over Milne (US 20090307863 A1) in view of Kim (US 20010008035 A1), and Conrad2 (US 20180000303 A1).
Regarding Claim 1, Milne teaches: A hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet (18) provided at a front end of the hand vacuum cleaner to a clean air outlet (air flow path begins at inlet 18 and ends at outlet 24), the air flow path comprising an inlet conduit (18) extending downstream from the dirty air inlet (24);
(b) a main body (12) housing a suction motor, the suction motor having a motor axis of rotation (See Para [0013] “The handheld vacuum cleaner 10 has a main body 12 which houses a motor and fan unit (not shown).” Motor axis of rotation would be parallel to inlet axis), wherein the inlet conduit is fixedly mounted to the main body (See Para [0013] “The handheld vacuum cleaner 10 has a main body 12 which houses a motor and fan unit (not shown). The main body 12 also includes a power source 14 such as a battery. A handle 16 is provided on the main body 12 for manipulating the handheld vacuum cleaner 10 in use. A cyclonic separator 100 is attached to the main body 12. A dirty air inlet 18 extends from a portion of the cyclonic separator 100 remote from the main body 12.”);
(c) an air treatment member (100) having a front end (at 150 in figure 4) and a rear end (at 116 in figure 4) with a central longitudinal axis extending between the front and rear ends (26 in figure 2) the air treatment member comprising an air treatment chamber (102) in which, in use, dirt is separate as air travels from a chamber air inlet to a chamber air outlet (See Para [0026] “In use, when the on/off switch 20 is depressed, the motor and fan unit draws a flow of dirt-laden air into the dirty air inlet 18 and then into the cyclonic separator 100. Dirt-laden air enters the cyclonic separator 100 through the inlet 110. Due to the tangential arrangement of the inlet 110, the airflow is forced to follow a helical path around the interior of the wall 104. Larger dirt and dust particles are separated by cyclonic motion around the wall 104. These particles are then collected at the base 116 of the first cyclone 102.”);
(d) a pistol grip handle (16, see trigger 20) extending downwardly from a lower side of the main body (see figure 2 showing 16 extending downward); and,
(e) a post motor filter positionable (See Para [0028] “and a post-motor filter before being exhausted from the vacuum cleaner 10 through the air vents 24.”) (See figure 3 where door 120 is open and inlet conduit is unmoved).
But does not explicitly teach a post motor filter chamber wherein the post motor filter is removable radially and wherein the air treatment member is removable from the main body housing while the inlet conduit remains in position relative to the suction motor.
However, Kim teaches a cleaner that has a similar filter (40), in a filter chamber (see Figure 5, where 40 is in its chamber between arms 35) behind a vent (50), and teaches that the vent (50) is removably attached, so that the vent can be opened and the filter removed.
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the air vent 24 of Milne to be removably attached to the body 12 of Milne and include a post motor filter chamber behind 24 as advantageously taught by Kim so that the post motor filter (located behind the air vent 24 of Milne) can be removed from the post motor filter chamber, cleaned and replaced (See Kim Para [0027] “Since the outer blocks of the filter 40 are partially exposed through the semi-circular recesses 35a, the filter 40 can be easily detached from the duct 30 when a user replaces or cleans the filter 40.”), which would extend the life span of the cleaner by allowing the filter to be replaced.
It is noted by examiner that as best understood by examiner, modifying the vent 24 to be removably attached to the body 12 would result in a cleaner that has a post motor filter chamber (where post motor filter is located behind 24), wherein the post motor filter (behind 24) is removable radially, (vent 24 extends radially across body 12).
And Conrad2 discloses a similar hand held cleaner (100) with an air treatment member (cyclone 126) that is removable from the main body housing (See Figure 8 and Para [0546] “Referring to FIGS. 1-6, in this embodiment the removable assembly includes only the cyclone unit 126 (including the cyclone chamber 128 and dirt collection chamber 130) that is removable from the main body 106 for emptying (see FIG. 6). In this example, the cyclone unit 126 is removable from the main body as a substantially sealed unit, but for the cyclone air inlet 178 and cyclone air outlet 180, which may help a user transport the cyclone unit 126 to a garbage can without spilling dirt from the dirt collection chamber.”) while the inlet conduit (146) remains in position relative to the suction motor (124, see figures 5 and 6).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the cleaner of Milne as modified to make the air treatment member separable from the cleaner as doing so would allow a user to easily empty the cyclone of dirt and debris as indicated in Para [0546] cited above.
Regarding Claim 2, Milne as modified teaches all the limitations of claim 1 and in addition teaches wherein an upper end of the post motor filter (located at 24 see figure 3), when positioned in the post motor filter chamber (located at 24), is positioned above the inlet conduit (see figure 3, when cleaner is upright post motor filter is above the conduit).
Regarding Claim 3, Milne as modified teaches all the limitations of claim 1 but does not explicitly teach wherein the post motor filter overlies the suction motor. However, Milne teaches both the motor and post motor filter in the same chamber, and Nam does teach the post motor filter overlying the suction motor (See figure 6).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the motor and post motor filter of Milne to overly one another as one of ordinary skill in the art would have a reasonable expectation of success in doing so, and it would result in a more compact cleaner, and making such a modification would be a simple matter of a rearrangement of parts (See MPEPE 2144.04 (VI)(C)).
Regarding Claim 4, Milne as modified teaches all the limitations of claim 1 and in addition teaches wherein the pistol grip handle (16) has a hand grip portion (portion under trigger 20), the hand grip portion has a pistol grip axis which extends through the hand grip portion from a lower end of the hand grip portion to an upper end of the hand grip portion and the pistol grip axis extends through the suction motor (axis extends along the handle and intercepts motor housing 12 on the top end).
Regarding Claim 23, Milne as modified discloses all the limitations of claim 1 and but does not explicitly disclose wherein a control actuator is provided on a rearward facing face of the main body.
However, Conrad2 discloses a similar handheld cleaner with a control actuator (318) on the rear surface of the cleaner (See Para [0610] “Referring to FIG. 2, in one embodiment the handle includes a power switch in the form of a button 318 that is located toward the rear portion of the upper surface of the upper end 306 of the handle 110. Alternatively, as shown in the embodiment of FIG. 22, the power switch 318 may be provided on the rear face of the upper end 306 of the handle. In either of these positions, a user may be able to access the button 318 while holding the hand vacuum via the hand grip.” and Figure 22 of Conrad2).
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 power switch as doing so is a rearrangement of parts (See MPEP 2144.04 VI C) that would be obvious to one of ordinary skill in the art as Conrad2 in Para [0610] states “In either of these positions, a user may be able to access the button 318 while holding the hand vacuum via the hand grip.” Indicating both that that as long as the user is able to reach the button while holding the grip that the location isn’t critical and that placing the button on the rear surface does satisfy that requirement.
Regarding Claim 24, Milne as modified discloses all the limitations of claim 1 and in addition discloses, wherein the inlet conduit having a conduit axis extending centrally through a conduit passageway of the inlet conduit (See Annotated Figure A), and the inlet conduit and the motor are generally aligned with each other on opposing sides of the air treatment member whereby a longitudinal axis extending parallel to the motor axis of rotation and parallel to the conduit axis extends through the conduit passageway and the air treatment member and the suction motor (See Annotated Figure A).
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Annotated Figure A (Fig. 1 of Milne)
Claim(s) 21-22, are rejected under 35 U.S.C. 103 as being unpatentable over Milne (US 20090307863 A1) in view of Kim (US 20010008035 A1), and Conrad2 (US 20180000303 A1) as modified in claim 1 and in further view of Conrad1 (US 20170290476 A1).
Regarding Claim 21, Milne as modified discloses all the limitations of 1 but does not explicitly disclose wherein the air treatment member is removable from the main body housing in a direction transverse to the central longitudinal axis of the air treatment member.
However, Conrad1 discloses that many different mechanism and methods may be used to separate the air treatment member from the main body (Conrad1 Para [0252] “Cyclone unit 112 may be securable to main body 104 in any manner that allows the cyclone unit 112 to be selectively separated and reconnected to main body 104. For example, cyclone unit 112 and main body 104 may collectively include any releasable engagement members (e.g. latches, snaps, magnets, straps, etc.) suitable for releasably joining the cyclone unit 112 and main body 104. Further, cyclone unit 112 and main body 104 may collectively include any actuators that allow selective manual release (i.e. by hand) of the releasable engagement member(s). The releasable engagement member(s) and the actuator(s) may be mechanical, electrical, and/or electro-mechanical in nature”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the method of separation of the cyclone from the main body in such a way that it is removable from the main body housing in a direction transverse to the central longitudinal axis of the air treatment member, as advantageously suggested by Conrad1 in Para [0252] cited above, further see Figure 15 and 16 of Conrad1, showing release of the cyclone unit release lock showing the cyclone unit rotationally being removed, further see Para [0254] “In some embodiments, cyclone unit 112 may be rotationally mounted to main body 104 by a detachable pair 284 of engagement members 312 and 316. This allows for the option of fully detaching cyclone unit 112 from main body 104, such as to carry cyclone unit 112 to a garbage bin for emptying or cleaning for example.”. Examiner further notes that removing the cyclone from the main body in a direction transverse to the central longitudinal axis of the air treatment member only requires a user to remove the air treatment member exactly parallel to the axis.
Regarding Claim 22, Milne as modified discloses all the limitations of claim 1 but does not explicitly disclose wherein the air treatment chamber is a cyclone chamber having a front end, a rear end and a cyclone axis of rotation that extends through the front and rear ends of the cyclone chamber and the front end of the hand vacuum cleaner.
Further Conrad1 does teach a similar cleaner with a cyclone orientated horizontally, wherein the cyclone axis of rotation extending through the front and rear ends (See 484 in figure 18) wherein, in use, air exits the cyclone through the rear end (See Figure 6, where air exits the rear end into filter 228).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the cyclone of Milne to be horizontal instead of vertical, as Conrad1 teaches in Para [0214] “Cyclone 160 may be oriented in any direction. For example, when surface cleaning apparatus 100 is positioned with bottom 125 on a horizontal surface 584, cyclone axis of rotation 484 may be oriented horizontally as exemplified, vertically, or at any angle between horizontal and vertical.” And such a change would constitute a simple change of shape which has been held to be a decision obvious to one of ordinary skill in the art (See MPEP 2144.04 IV B).
Claim(s) 9, 11-14, 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Milne (US 20090307863 A1) in view of Kim (US 20010008035 A1) and Conrad3 (US 9,027,198 B2).
Regarding Claim 9, Milne teaches A hand vacuum cleaner comprising:
(a) an air flow path (18) extending from a dirty air inlet (22) provided at a front end of the hand vacuum cleaner to a clean air outlet (clean air outlet at 24);
(b) a main body housing a suction motor (See Para [0013] “The handheld vacuum cleaner 10 has a main body 12 which houses a motor and fan unit (not shown).”), the suction motor having a motor axis of rotation extending through the front end of the main body (motor drives a fan which rotates, axis of rotation parallel to suction inlet axis);
(c) an air treatment member having a front end (at 110 in figure 4) and a rear end (at 150 in figure 4) with a central longitudinal axis extending between the front and rear ends (Axis extends in line with the nozzle 18 in figure 3, from the inlet at 22 in the direction of the trigger 20), the air treatment member comprising an air treatment chamber in which, in use, dirt is separated as air travels from a chamber air inlet to a chamber air outlet (See Figure 4 and Para [0028] “Cleaned air then flows back up the second cyclones 130, exits the second cyclones 130 through the air outlets and enters the duct 150. The cleaned air then passes from the duct 150 sequentially through the pre-motor filter 152, the motor and fan unit, and a post-motor filter before being exhausted from the vacuum cleaner 10 through the air vents 24.”), wherein an air treatment member air outlet is provided at the rear end of the air treatment member (See Figure 4 and Para [0028] “Cleaned air then flows back up the second cyclones 130, exits the second cyclones 130 through the air outlets and enters the duct 150. The cleaned air then passes from the duct 150 sequentially through the pre-motor filter 152, the motor and fan unit, and a post-motor filter before being exhausted from the vacuum cleaner 10 through the air vents 24.”);
(d) a pistol grip (16) handle extending downwardly from a lower side of the main body (see figure 1, showing handle 16 extending downward from 12); and,
(e) a post motor filter (See Para [0028] “The motor and fan unit, and a post-motor filter before being exhausted from the vacuum cleaner 10 through the air vents 24.”) positioned rearward of the cyclone (See Milne Figure 1 where vents 24 are located rearward of the cyclone)
And suggests but does not explicitly disclose the post motor filter is positioned overlying the suction motor (See Para [0028] “The cleaned air then passes from the duct 150 sequentially through the pre-motor filter 152, the motor and fan unit, and a post-motor filter before being exhausted from the vacuum cleaner 10 through the air vents 24.” And Para [0013] “FIGS. 1 to 3 show a handheld vacuum cleaner 10. The handheld vacuum cleaner 10 has a main body 12 which houses a motor and fan unit (not shown)” suction motor is housed in 12 which also has the vents 24)
And does not explicitly disclose, the post motor filter positionable in a post motor filter chamber wherein the post motor filter is removable radially, and
(f) a filter cover forming an outer wall of the post motor filter chamber wherein a radial projection of the post motor filter intersects the filter cover, the filter cover includes air outlet ports, and the filter cover is radially removeable, and wherein, when the post motor filter is positioned in the post motor filter chamber the post motor filter extends over both a front end of the suction motor and a rear end of the suction motor, and the air outlet ports of the filter cover overly both the front end of the suction motor and the rear end of the suction motor.
However, Kim teaches a cleaner that has a similar filter (40), in a filter chamber (see Figure 5, where 40 is in its chamber between arms 35) behind a filter cover (50) with air outlet ports (50 is a grill), wherein a projection of the post motor filter intersects with the filter cover (See Fig. 3), and further teaches that the vent (50) is removably attached, so that the vent can be opened and the filter removed (See Figs. 2 and 3), and the filter is positioned in the filter chamber (See Figure 3).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the air vent 24 of Milne to be removably attached to the body 12 of Milne and include a post motor filter chamber behind 24 as advantageously taught by Kim so that the post motor filter (located behind the air vent 24 of Milne) can be removed from the post motor filter chamber, cleaned and replaced (See Kim Para [0027] “Since the outer blocks of the filter 40 are partially exposed through the semi-circular recesses 35a, the filter 40 can be easily detached from the duct 30 when a user replaces or cleans the filter 40.”), which would extend the life span of the cleaner by allowing the filter to be replaced.
It is noted by examiner that as best understood by examiner, modifying the vent 24 to be removably attached to the body 12 would result in a cleaner that has a post motor filter chamber (where post motor filter is located behind 24), wherein the post motor filter (behind 24) is removable radially, (vent 24 extends radially across body 12, and is removable, allowing for filter to be moved in the radial direction, as a normal vector of the filter would be parallel to the a radius of the motor).
But does not explicitly disclose the post motor filter extends over both a front end of the suction motor and a rear end of the suction motor, and the air outlet ports of the filter cover overly both the front end of the suction motor and the rear end of the suction motor.
However, it would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the size of the filter and air outlet ports to cover over both the front end and rear end of the suction motor, as doing so would increase the coverage of the post motor filter, extending its life and it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (See MPEP 2144.04 IV A).
Milne as modified does not disclose wherein the filter cover is removable radially.
However, Conrad3 discloses a removable filter cover that can be removed in a direction normal to the filter (See Figure 3, and See Col 13 Line 25-38, “Referring to FIG. 3, in the illustrated embodiment a pre-motor filter chamber or housing 956 is provided as a portion of the body 901 of the surface cleaning apparatus 900, above the cyclone bin assembly 910. Referring also to FIG. 8, the pre-motor filter chamber 956 is bounded by a bottom wall 957, a sidewall 958 and an upper wall 958a. In the illustrated example the upper wall 958a is provided by an upper cover 959. Preferably, at least one of the bottom wall, sidewall and upper cover are openable to allow access to the interior of the pre-motor filter chamber. In the illustrated embodiment, the upper cover 959 is removable (FIG. 3) to provide access to the interior of the chamber 956. Alternatively, instead of being removable the upper cover may be pivotally openable or otherwise moveably coupled to the main body.” Describing different ways to allow a filter cover to be removed.)
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the substitute the way the filter cover of Milne as modified to be radially removable as Conrad describes such a method of removal as an art recognized equivalent to a hinged connection (See Citation of col 13 of Conrad above). See MPEP 2144.06 II
Regarding Claim 11, Milne as modified teaches all the limitations of claim 9 and in addition teaches wherein the post motor filter (at 24 of Milne) is provided on an upper side of the hand vacuum cleaner (See figure 1 of Milne).
Regarding Claim 12, Milne as modified teaches all the limitations of claim 9 and in addition teaches, Wherein the post motor filter is arcuate (See 24 in figure 1, the vents cover the post motor filter according to Para [0028] of Milne, and the vents are in an arcuate shape on the outside of the cylindrical body 12).
Regarding Claim 13, Milne as modified teaches all the limitations of claim 11 and in addition teaches, Wherein the post motor filter is arcuate (See 24 in figure 1, the vents cover the post motor filter according to Para [0028] of Milne, and the vents are in an arcuate shape on the outside of the cylindrical body 12).
Regarding Claim 14, Milne as modified teaches all the limitations of claim 9 and in addition teaches, wherein the post motor filter is curved in a plane that is transverse to the longitudinal axis (See 24 in figure 1, the vents cover the post motor filter according to Para [0028] of Milne, and the vents are in an arcuate shape on the outside of the cylindrical body 12).
Regarding Claim 17, Milne as modified teaches all the limitations of claim 9, and in addition teaches comprising a finger guard (see ledge below the trigger 20 in Figure 2 of Milne) that is positioned forward of the pistol grip handle (See Figure 2 of Milne).
Regarding Claim 20, Milne as modified teaches all the limitations of claim 9, and in addition teaches comprising an inlet conduit (see inlet portion of 22) extending downstream from the dirty air inlet (see figure 2) and the inlet conduit remains in position when the air treatment member is opened (See figure 3 showing air treatment member is opened and inlet conduit remains in same position as it was in figure 2).
Claim(s) 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Milne (US 20090307863 A1) in view of Kim (US 20010008035 A1) and Nam (US 20180333025 A1) as modified in claim 9 and in further view of Conrad3 (US 9,027,198 B2).
Regarding Claim 18, Milne as modified teaches all the limitations of claim 9 but does not explicitly teach wherein the longitudinal axis and the motor axis of rotation extend in a common direction.
However, Nam does teach a cleaner wherein the longitudinal axis and the motor axis of rotation extend in the same direction (See figure 17, axes extend in the up and down direction),
It would be further obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Milne in such away so that the cyclone axis of rotation extends in a direction common suction motor axis of rotation, as the inventor would have a reasonable expectation of success based on the success of Nam and that this would merely constitute a rearrangement of parts, and would result in a more compact cleaner (See MPEPE 2144.04 (VI)(C)).
Regarding Claim 19, Milne as modified teaches all the limitation of claim 9 and in addition teaches wherein the air treatment member comprises a cyclone, the longitudinal axis is a cyclone axis of rotation (See Para [0014] “The cyclonic separator 100 has a longitudinal axis 26 which extends in a generally upright direction so that the axis 26, and therefore the cyclonic separator 100, lies substantially parallel to the direction in which the handle 16 extends.”) but does not explicitly teach and the cyclone axis of rotation extends through the suction motor.
However, Nam does teach a cleaner and the cyclone axis of rotation extends through the suction motor. (See figure 17, axes extend in the up and down direction through motor 230),
It would be further obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Milne in such away so that the cyclone axis of rotation extends in a direction common suction motor axis of rotation, as the inventor would have a reasonable expectation of success based on the success of Nam and that this would merely constitute a rearrangement of parts, and would result in a more compact cleaner (See MPEPE 2144.04 (VI)(C)).
Claim(s) 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Milne (US 20090307863 A1) in view of Kim (US 20010008035 A1), Nam (US 20180333025 A1) and Conrad1 (US 20170290476 A1) and Conrad3 (US 9027198 B2).
Regarding Claim 5, Milne teaches A hand vacuum cleaner comprising:
(a) an air flow path (18) extending from a dirty air inlet (22) provided at a front end of the hand vacuum cleaner to a clean air outlet (clean air outlet 24, and inlet as at the front end of the vacuum cleaner see Fig 2);
(b) a main body housing a suction motor (See Para [0028] “The handheld vacuum cleaner 10 has a main body 12 which houses a motor and fan unit (not shown).”), the suction motor having a motor axis of rotation extending through a front end of the main body (motor drives a fan which rotates, axis of rotation parallel to suction inlet axis);
(c) a cyclone having a front end (near 150) and a rear end (near 116, see figure 4) with a cyclone axis of rotation (see 26 in figure 2);
(d) a pistol grip handle (16) extending downwardly from a lower side of the main
Body (see figure 2, handle 16 extends down from 12); and,
(e) a post motor filter positionable in a post motor filter chamber (See Para [0028] “and a post-motor filter before being exhausted from the vacuum cleaner 10 through the air vents 24.”)
Wherein the suction motor is positioned rearward of the front end of the cyclone (See Para [0013] “[0013] FIGS. 1 to 3 show a handheld vacuum cleaner 10. The handheld vacuum cleaner 10 has a main body 12 which houses a motor and fan unit (not shown).” and figure 1 showing the motor behind the cyclone chamber 100).
And suggests but does not explicitly disclose, a radial projection of the suction motor intersects the post motor filter (See Para [0013] “FIGS. 1 to 3 show a handheld vacuum cleaner 10. The handheld vacuum cleaner 10 has a main body 12 which houses a motor and fan unit (not shown).” And Para [0028] “Cleaned air then flows back up the second cyclones 130, exits the second cyclones 130 through the air outlets and enters the duct 150. The cleaned air then passes from the duct 150 sequentially through the pre-motor filter 152, the motor and fan unit, and a post-motor filter before being exhausted from the vacuum cleaner 10 through the air vents 24.” Milne suggests that the motor and fan assembly extends through 12, which vents 24 is a part of, inside of which the post motor filter sits).
But does not explicitly teach, the cyclone axis of rotation extending through the front and rear ends of the cyclone, wherein, in use, air exits the cyclone through the rear end wherein the post motor filter is removable radially,
(f) a filter cover forming an outer wall of the post motor filter chamber wherein a radial projection of the post motor filter intersects the filter cover, the filter cover includes air outlet ports, and the filter cover is radially removeable, and
wherein the cyclone axis of rotation extends through the suction motor, and when the post motor filter is positioned in the post motor filter chamber, the post motor filter extends over both a front end of the suction motor and a rear end of the suction motor, and the air outlet ports of the filter cover overly both the front end of the suction motor and the rear end of the suction motor.
However, Nam does teach a similar handheld vacuum cleaner that explicitly teaches wherein the cyclone axis of rotation extends through the suction motor (See Axis A1 in figure 4).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Milne in such away so that the cyclone axis of rotation extends through the suction motor, as the inventor would have a reasonable expectation of success based on the success of Nam and that this would merely constitute a rearrangement of parts, and would result in a more compact cleaner (See MPEPE 2144.04 (VI)(C)).
However, Kim teaches a cleaner that has a similar filter (40), in a filter chamber (see Figure 5, where 40 is in its chamber between arms 35) behind a filter cover (50) with air outlet ports (50 is a grill), wherein a projection of the post motor filter intersects with the filter cover (See Fig. 3), and further teaches that the vent (50) is removably attached, so that the vent can be opened and the filter removed (See Figs. 2 and 3), and the filter is positioned in the filter chamber (See Figure 3).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the air vent 24 of Milne to be removably attached to the body 12 of Milne and include a post motor filter chamber behind 24 as advantageously taught by Kim so that the post motor filter (located behind the air vent 24 of Milne) can be removed from the post motor filter chamber, cleaned and replaced (See Kim Para [0027] “Since the outer blocks of the filter 40 are partially exposed through the semi-circular recesses 35a, the filter 40 can be easily detached from the duct 30 when a user replaces or cleans the filter 40.”), which would extend the life span of the cleaner by allowing the filter to be replaced.
It is noted by examiner that as best understood by examiner, modifying the vent 24 to be removably attached to the body 12 would result in a cleaner that has a post motor filter chamber (where post motor filter is located behind 24), wherein the post motor filter (behind 24) is removable radially, (removable vent 24 extends radially across body 12, and is removable, allowing for filter to be moved in the radial direction, as a normal vector of the filter would be parallel to the a radius of the motor).
Further Conrad1 does teach a similar cleaner with a cyclone orientated horizontally, wherein the cyclone axis of rotation extending through the front and rear ends (See 484 in figure 18) wherein, in use, air exits the cyclone through the rear end (See Figure 6, where air exits the rear end into filter 228).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the cyclone of Milne to be horizontal instead of vertical, as Conrad1 teaches in Para [0214] “Cyclone 160 may be oriented in any direction. For example, when surface cleaning apparatus 100 is positioned with bottom 125 on a horizontal surface 584, cyclone axis of rotation 484 may be oriented horizontally as exemplified, vertically, or at any angle between horizontal and vertical.” And such a change would constitute a simple change of shape which has been held to be a decision obvious to one of ordinary skill in the art (See MPEP 2144.04 IV B).
Additionally, one of ordinary skill in the art before the effective filling date of the invention would find it obvious to have a radial projection of the motor intersect with the post motor filter, as the filter and suction motor as described by Milne share a radial housing, and the motor axis extends from left to right through the housing 12 and doing so would allow for one to save space and produce a smaller/tighter construction of the cleaner. Further it would be obvious to one of ordinary skill in the art before the effective filling date to further modify the post motor filter, air outlet ports of the filter cover, and the motor such that when the post motor filter is positioned in the post motor filter chamber, the post motor filter and air outlet ports extends over both a front end of the suction motor and a rear end of the suction motor, as doing so would only require a change in size of the post motor filter or motor and would not affect the performance of the cleaner or the filter. It has been held that where the only difference between the prior art and the claim is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct. See MPEP 2144.04 IV A.
Lastly, Milne as modified does not disclose wherein the filter cover is removable radially.
However, Conrad3 discloses a removable filter cover that can be removed in a direction normal to the filter (See Figure 3, and See Col 13 Line 25-38, “Referring to FIG. 3, in the illustrated embodiment a pre-motor filter chamber or housing 956 is provided as a portion of the body 901 of the surface cleaning apparatus 900, above the cyclone bin assembly 910. Referring also to FIG. 8, the pre-motor filter chamber 956 is bounded by a bottom wall 957, a sidewall 958 and an upper wall 958a. In the illustrated example the upper wall 958a is provided by an upper cover 959. Preferably, at least one of the bottom wall, sidewall and upper cover are openable to allow access to the interior of the pre-motor filter chamber. In the illustrated embodiment, the upper cover 959 is removable (FIG. 3) to provide access to the interior of the chamber 956. Alternatively, instead of being removable the upper cover may be pivotally openable or otherwise moveably coupled to the main body.” Describing different ways to allow a filter cover to be removed.)
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the substitute the way the filter cover of Milne as modified to be radially removable as Conrad describes such a method of removal as an art recognized equivalent to a hinged connection (See Citation of col 13 of Conrad above). See MPEP 2144.06 II
Regarding Claim 6, Milne as modified teaches all the limitations of claim 5 but does not explicitly teach wherein the cyclone axis of rotation and the motor axis of rotation extend in a common direction.
However, Nam does teach a cleaner wherein the cyclone axis of rotation and the motor axis of rotation extend in the same direction (See figure 17, axes extend in the up and down direction),
It would be further obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Milne in such away so that the cyclone axis of rotation extends in a direction common suction motor axis of rotation, as the inventor would have a reasonable expectation of success based on the success of Nam and that this would merely constitute a rearrangement of parts, and would result in a more compact cleaner (See MPEPE 2144.04 (VI)(C)).
Regarding Claim 7, Milne as modified teaches all the limitations of claim 5 but does not explicitly teach wherein the post motor filter overlies the suction motor. However, Milne teaches both the motor and post motor filter in the same chamber, and Nam does teach the post motor filter overlying the suction motor (See figure 6).
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the motor and post motor filter of Milne to overly one another as one of ordinary skill in the art would have a reasonable expectation of success in doing so, and it would result in a more compact cleaner, and making such a modification would be a simple matter of a rearrangement of parts (See MPEPE 2144.04 (VI)(C)).
Regarding Claim 8, Milne as modified teaches all the limitations of claim 5 and in addition teaches wherein the post motor filter (at 24 of Milne) is provided on an upper side of the hand vacuum cleaner (See figure 1 of Milne).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/T.J.M./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723