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 .
Terminal Disclaimer
Applicant’s arguments, see page 8, filed 08/31/2026, with respect to the rejection(s) of claims with respect to double patenting have been fully considered and are persuasive in light of the terminal disclaimer filed 08/31/2026. Therefore, the rejection has been withdrawn.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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/31/2026 has been entered.
Response to Arguments
Applicant’s arguments, starting on page 8, filed 03/26/2026, with respect to rejections under 112(b) have been fully considered and are persuasive. The 112(b) rejection of the claims have been withdrawn.
Applicants’ arguments, see page 10, filed 08/31/2026, with respect to the rejection(s) of claim(s) 19-26, 28-30 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 Therefore, the rejection has been withdrawn.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 Liddell (US 20100223751 A1) in view of Conrad2 (US 20160015227 A1), Conrad (US 20160367094 A1) and Xia (US 20170119225 A1).
Liddell (US 20100223751 A1) in view of Irfan (US 20190183307 A1) and Xia (US 20170119225 A1) for Claim 31
Liddell (US 20100223751 A1) in view of Conrad2 (US 20160367094 A1) Xia (US 20170119225 A1) and Irfan (US 20190183307 A1) for Claim 37.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19, 21-23, 25-30 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 19, the claim ends “the user interface support extends further angularly around the motor axis of rotation that the support arm.”, the phrase “that the support arm” seems to be incomplete and it is unclear what is intended from this phrase. As such the limitation is unclear and for the purposes of Examination the limitation will be interpreted as “the user interface support extends further annularly around the motor axis of rotation than the support arm”
Claims 21-23, 25-30 are rejected based upon their dependence to claim 19
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) 19, 22-23, 25-27, 30 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Liddell (US 20100223751 A1) in view of Conrad2 (US 20160015227 A1), Conrad (US 20160367094 A1) and Xia (US 20170119225 A1).
Regarding claim 19, Liddell discloses A hand surface cleaning apparatus having a front end (4, Fig. 1) and a rear end (end 16 is near in Fig. 1) and a longitudinal axis that extends between the front end and the rear end (See Fig. 1),
the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet (suction opening 4) to a clean air outlet (exhaust vents 16, See Para [0044] “An air flow path extends from the suction opening 4, through the suction conduit 2, the cyclonic separating apparatus 6 and the motor housing 12 to the exhaust vents 16.”).
(b) an air treatment member provided in the air flow path (Cyclonic separator 6).
(c) a motor and fan assembly (See Para [0045] “In this embodiment, the airflow generator 26 takes the form of a brushless DC motor and fan assembly.”) provided in the air flow path (See Para [0044] cited above), the motor and fan assembly provided in a motor housing and having a motor axis of rotation that extends in a common direction with the longitudinal axis (See Figs. 1 and 2 showing motor and housing 34, 26 and 32);
(d) a user interface that is spaced from the rear end of the motor and fan assembly (Trigger 20).
(e) a support arm (14) that extends longitudinally rearwardly of the rear end of the motor housing (See Fig. 2); and
(g) a pistol grip handle (18) that is provided on a lower end of the hand surface cleaning apparatus (See Fig. 1) and the pistol grip handle is mounted to a lower side of the support arm (See Part of handle extending from 14 in Fig. 3),
Wherein the support arm is annular and extends around the motor axis of rotation (See Para [0044] “The vacuum cleaner 1 further includes a motor housing 12 and a removable casing 14 having a plurality of exhaust vents 16 formed therein.”)
But it does not explicitly disclose
(f) a user interface support that receives the user interface, wherein, when the longitudinal axis is horizontal, the user interface support extends transversely to the support arm, and
and wherein the support arm is partially annular and extends part way around the motor axis of rotation,
the user interface support extends further annularly around the motor axis of rotation than the support arm.
However, Conrad2 discloses a cleaner with a user interface (switch 640) that is spaced from the rear end of the motor and fan assembly (See Fig. 4), located on the top of the surface that the pistol grip handle (112) is mounted to a lower side of (See Fig. 2).
And Xia discloses a cleaner with a user interface located on the handle (120) and additionally discloses that the location of the user interface can be provided anywhere on the cleaner (See Para [0041] “The handle assembly 100 generally comprises a handgrip 119 and a user interface assembly 120. In other embodiments, the user interface assembly 120 can be provided elsewhere on the vacuum cleaner 10, such as on the body assembly 200.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify Liddell to include a user interface spaced from the rear end of the motor and fan assembly, at such a position that is on the top of the surface that the pistol grip handle is mounted to a lower side of, as it has been held that shifting the location of a device like a user interface would be obvious to one of ordinary skill in the art if it would not modify the operation of the device (See MPEP 2144.04 VI C) and Xia discloses that the user interface can be provided on at different locations such as the body of the cleaner without disrupting the operation of the device See Para [0041] cited above. And additionally, doing so would allow for easier control and use of the user interface of the operator during use.
Conrad discloses a support arm that only partially surrounds the motor housing (See Fig. 11, housing 7912 fits in the space below the handle and above the portion 7994 is seated on).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the support arm such that and wherein the support arm is partially annular and extends part way around the motor axis of rotation, as doing so would allow for the motor and motor housing to be easily removed and replaced from the cleaner as advantageously discussed in Para [0178] of Conrad.
Examiner notes that modifying Liddell in such a way as described above would additionally result in
(f) a user interface support (52 see Fig. 3) that receives the user interface (As modified above), wherein, when the longitudinal axis is horizontal, the user interface support extends transversely to the support arm (See 52 extending in the direction of the longitudinal axis, while the support arm (14 as modified by Conrad) extends partially annularly about the motor axis, and
and wherein the support arm is partially annular and extends part way around the motor axis of rotation (As modified in view of Conrad, portion of support arm 14 and body 12 has an opening to remove the motor housing),
the user interface support extends further annularly around the motor axis of rotation than the support arm (See Fig. 3, as modified in view of Conrad, 14 has a portion between 52 and 12 that is opened to the top as the middle portion of 14 only extends partially annularly, while 52 extends fully around and forms a user interface support).
Regarding Claim 22, Liddell as modified discloses all the limitations of claim 19 and in addition discloses further comprising an air gap (see Fig. 2 of Liddell the air gaps between 44 and the inner surface of 14) provided between a rear end of a main body (12) of the hand surface cleaning apparatus and the user interface support (See Fig. 2).
Regarding Claim 23, Liddell as modified discloses all the limitations of claim 22 and in addition discloses wherein the rear end is a rear end of the motor housing (See Fig. 2 of Liddell, 12 is the main body where the fan and motor are housed).
Regarding Claim 25, Liddell as modified discloses all the limitations of claim 19 and in addition discloses wherein the support arm (See 14 in Fig. 1 of Liddell) extends rearwardly from the pistol grip handle (See Liddell showing the support arm extending reward from the pistol grip).
Regarding Claim 26, Liddell as modified discloses all the limitations of claim 25 and in addition discloses wherein the support arm extends rearwardly from an upper end of the pistol grip handle (See Fig. 1 of Liddell, showing the support arm extending rearwardly from an upper end of the pistol grip handle).
Regarding claim 27, Liddell as modified discloses all the limitations of claim 19 and in addition discloses further comprising an energy storage member (22) provided at a lower end of the pistol grip handle (See Fig. 1 and Para [0044] “A power source 22 in the form of a lithium ion battery pack is connected to the handgrip 18 through a mounting portion 24.”).
Regarding Claim 30, Liddell as modified discloses all the limitations of claim 19 and in addition discloses wherein the user interface includes at least one control of the hand surface cleaning apparatus (See Para [0044] describes trigger 20 as a trigger switch “The handgrip 18 includes a trigger switch 20 which is positioned on the side of the handgrip 18 closest to the suction opening 4 such that the trigger switch 20 can be manipulated by a user's index finger.”)
Regarding Claim 41, Liddell as modified discloses all the limitations of claim 19 but does not explicitly disclose further comprising a removable filter wherein a plane that is perpendicular to the longitudinal axis extends through the removable filter and the support arm.
However, Conrad discloses an hand vacuum cleaner comprising a removable filter (See 961 and 960 in Fig. 4 (additionally see Para [0015] discussing the removability of the filter)) wherein a plane (Plane in line with axis 987 into and out of the page in Fig. 9) that is perpendicular to the longitudinal axis (Parallel to axis 988) extends through the removable filter (See Fig. 9, 987 extends through where the filter housing 956 (See Fig. 4)) and the support arm (See location of support arm in Fig. 11 as cited in the rejection of claim 1 above).
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 Liddell to have a removable filter positioned such that further comprising a removable filter wherein a plane that is perpendicular to the longitudinal axis extends through the removable filter and the support arm, as Liddell that a pre-motor filter can be used for filter fine particulates from the air flow (See Para [0045] of Liddell) and doing so would improve the efficiency of the cleaner.
Claim(s) 21, 28, 29 are rejected under 35 U.S.C. 103 as being unpatentable over Liddell (US 20100223751 A1) in view of Conrad2 (US 20160015227 A1), Conrad (US 20160367094 A1) and Xia (US 20170119225 A1) as modified in claim 19 and in further view of Irfan (US 20190183307 A1).
Regarding Claim 21, Liddell as modified discloses all the limitations of claim 19 but does not explicitly disclose wherein the user interface support faces rearwardly.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the user interface support such that the support faces rearwardly, as it has been held that shifting the location of a device like a user interface would be obvious to one of ordinary skill in the art if it would not modify the operation of the device (See MPEP 2144.04 VI C) and Xia discloses that the user interface can be provided on at different locations such as the body of the cleaner without disrupting the operation of the device See Para [0041] cited above. And additionally, doing so would allow for easier control and use of the user interface of the operator during use.
Regarding Claim 28, Liddell as modified discloses all the limitations of claim 19 but does not explicitly disclose wherein the user interface provides information about at least one operating mode of the hand surface cleaning apparatus.
However, Irfan discloses a similar cleaner apparatus with a user interface (222) which provides information about at least one operating mode of the hand surface cleaning apparatus (See Para [0036] “The user interface 222 may include a button, switch, touch screen, dial or other user-manipulative interface. In the illustrated embodiment, the user interface 222 includes a visual indicator or display 422 operable to display information on the user-facing surface 218. The visual indicator 422 may be a screen, LEDs, graphical interface, or other visual indicator. The user interface 222 is electrically connected to the battery 138 and a vacuum controller 410 and is connected to and operable to control and display information about features of the vacuum cleaner, for example battery life, power setting, system performance or other information. The user interface 222 may be connected to and operable to control and display information about features on attached accessory tools, such as brush motors or sensors. In the 0 illustrated embodiment, the user-interface 222 may be configured to vary operation of a brushroll (e.g., brushroll 578 of FIG. 12). In particular, activation of the user-interface 222 varies operation of the brushroll between a carpet mode and a hard floor mode, or between a high brushroll speed and low or off brushroll speed.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the user interface of Liddell to provide information about at least one operating mode of the hand surface cleaning apparatus, as doing so would provide user with information regarding the status of the cleaner such as battery life, power settings or performance as advantageously described in Para [0036] of Irfan.
Regarding Claim 29, Liddell as modified discloses all the limitations of claim 19 and in addition discloses an energy storage member (22 of Liddell) but does not explicitly disclose and the user interface provides information about a charge level of the energy storage member.
However, Irfan discloses a similar cleaner apparatus with a user interface (222) which provides information about at least one operating mode of the hand surface cleaning apparatus (See Para [0036] “The user interface 222 may include a button, switch, touch screen, dial or other user-manipulative interface. In the illustrated embodiment, the user interface 222 includes a visual indicator or display 422 operable to display information on the user-facing surface 218. The visual indicator 422 may be a screen, LEDs, graphical interface, or other visual indicator. The user interface 222 is electrically connected to the battery 138 and a vacuum controller 410 and is connected to and operable to control and display information about features of the vacuum cleaner, for example battery life, power setting, system performance or other information. The user interface 222 may be connected to and operable to control and display information about features on attached accessory tools, such as brush motors or sensors. In the illustrated embodiment, the user-interface 222 may be configured to vary operation of a brushroll (e.g., brushroll 578 of FIG. 12). In particular, activation of the user-interface 222 varies operation of the brushroll between a carpet mode and a hard floor mode, or between a high brushroll speed and low or off brushroll speed.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the user interface of Liddell to provide information about a charge level of the energy storage member, as doing so would provide user with information regarding the status of the cleaner such as battery life, power settings or performance as advantageously described in Para [0036] of Irfan.
Claim(s) 31-35 are rejected under 35 U.S.C. 103 as being unpatentable over Liddell (US 20100223751 A1) in view of Irfan (US 20190183307 A1) and Xia (US 20170119225 A1).
Regarding Claim 31, Liddel discloses A hand surface cleaning apparatus having a front end (4) and a rear end (end near 16, see Fig. 1) and a longitudinal axis extending between the front end and the rear end (Axis between front and rear end), the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet at the front end (suction opening 4) to a clean air outlet (exhaust vents 16, See Para [0044] “An air flow path extends from the suction opening 4, through the suction conduit 2, the cyclonic separating apparatus 6 and the motor housing 12 to the exhaust vents 16.”).
(b) an air treatment member provided in the air flow path (Cyclonic separator 6);
(c) a motor and fan assembly (See Para [0045] “In this embodiment, the airflow generator 26 takes the form of a brushless DC motor and fan assembly.”) provided in the air flow path (See Para [0044] cited above), the motor and fan assembly provided in a motor housing and having a motor axis of rotation that extends in a common direction with the longitudinal axis (See Figs. 1 and 2 showing);
a pistol grip handle (18), wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (See Fig. 1, handle is located below the body 12); and
(d) a user interface (20) provided on the handle (18), but does not explicitly disclose
wherein the user interface provides information about at least one operating mode of the hand surface cleaning apparatus
wherein, when the longitudinal axis is horizontal, the user interface is provided on a rear face of the pistol grip handle at a location underlying the motor and fan assembly.
Irfan discloses a similar hand cleaner with a user interface (222) wherein the user interface provides information about at least one operating mode of the hand surface cleaning apparatus (See Para [0036] “The user interface 222 may include a button, switch, touch screen, dial or other user-manipulative interface. In the illustrated embodiment, the user interface 222 includes a visual indicator or display 422 operable to display information on the user-facing surface 218. The visual indicator 422 may be a screen, LEDs, graphical interface, or other visual indicator. The user interface 222 is electrically connected to the battery 138 and a vacuum controller 410 and is connected to and operable to control and display information about features of the vacuum cleaner, for example battery life, power setting, system performance or other information. The user interface 222 may be connected to and operable to control and display information about features on attached accessory tools, such as brush motors or sensors. In the illustrated embodiment, the user-interface 222 may be configured to vary operation of a brushroll (e.g., brushroll 578 of FIG. 12). In particular, activation of the user-interface 222 varies operation of the brushroll between a carpet mode and a hard floor mode, or between a high brushroll speed and low or off brushroll speed.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the user interface to be able to supply information about at least one operating mode of the hand surface cleaning apparatus, as doing so would keep the user informed about the status of the cleaner such as if the cleaner needs to be charged.
Xia discloses a cleaner with a user interface located on the handle (120) and additionally discloses that the location of the user interface can be provided anywhere on the cleaner (See Para [0041] “The handle assembly 100 generally comprises a handgrip 119 and a user interface assembly 120. In other embodiments, the user interface assembly 120 can be provided elsewhere on the vacuum cleaner 10, such as on the body assembly 200.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the user interface of the cleaner of Irfan to be located on the handle wherein when the longitudinal axis is horizontal, the user interface is provided on the handle at a location below the motor and fan assembly as it has been held that shifting the location of a device like a user interface would be obvious to one of ordinary skill in the art if it would not modify the operation of the device (See MPEP 2144.04 VI C) and Xia discloses that the user interface can be provided on at different locations such as the body of the cleaner without disrupting the operation of the device See Para [0041] cited above. And additionally, doing so would allow for easier control and use of the user interface of the operator during use.
Examiner notes that modifying the location of the user interface from its original position in Liddell to be on the hand grip portion of the handle would result in a user interface provided on the handle, wherein, when the longitudinal axis is horizontal, the user interface is provided on a rear face of the pistol grip handle at a location underlying the motor and fan assembly (See Fig. 1 user interface could be placed on the opposite side of the trigger mechanism 20, or at the bottom of the handle, and would be located on the handle and below the motor and fan assembly and Xia as cited above citing the user interface can be positioned elsewhere on the cleaner).
Regarding Claim 32, Liddell as modified discloses all the limitations of claim 31 and in addition discloses wherein the user interface includes at least one control of the hand surface cleaning apparatus, (See Ifran Para [0036] cited above, specifically “In the illustrated embodiment, the user-interface 222 may be configured to vary operation of a brushroll (e.g., brushroll 578 of FIG. 12). In particular, activation of the user-interface 222 varies operation of the brushroll between a carpet mode and a hard floor mode, or between a high brushroll speed and low or off brushroll speed.”).
Regarding Claim 33, Liddell as modified discloses all the limitations of claim 31 and in addition discloses further comprising an energy storage member (22 of Liddell) provided at a lower end of the pistol grip handle (See Liddell Fig. 1).
Regarding claim 34, Liddell as modified discloses all the limitations of claim 33 and in addition suggests but does not explicitly disclose wherein the user interface is provided at an upper end of the pistol grip handle (See Rejection of Claim 31 above “See Fig. 1 user interface could be placed on the opposite side of the trigger mechanism 20, or at the bottom of the handle, and would be located on the handle and below the motor and fan assembly and Xia as cited above citing the user interface can be positioned elsewhere on the cleaner”).
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 user interface to be at the upper end of the pistol grip as it has been held that shifting the location of a device like a user interface would be obvious to one of ordinary skill in the art if it would not modify the operation of the device (See MPEP 2144.04 VI C) and Xia discloses that the user interface can be provided on at different locations such as the body of the cleaner without disrupting the operation of the device See Para [0041] cited above. And additionally, doing so would allow for easier control and use of the user interface of the operator during use.
Regarding Claim 35, Liddell as modified discloses all the limitations of claim 31 and in addition discloses further comprising an energy storage member (22 of Liddell) and the user interface provides information about a charge level of the energy storage member (See Para [0036] of Irfan “The user interface 222 may include a button, switch, touch screen, dial or other user-manipulative interface. In the illustrated embodiment, the user interface 222 includes a visual indicator or display 422 operable to display information on the user-facing surface 218. The visual indicator 422 may be a screen, LEDs, graphical interface, or other visual indicator. The user interface 222 is electrically connected to the battery 138 and a vacuum controller 410 and is connected to and operable to control and display information about features of the vacuum cleaner, for example battery life, power setting, system performance or other information. The user interface 222 may be connected to and operable to control and display information about features on attached accessory tools, such as brush motors or sensors. In the illustrated embodiment, the user-interface 222 may be configured to vary operation of a brushroll (e.g., brushroll 578 of FIG. 12). In particular, activation of the user-interface 222 varies operation of the brushroll between a carpet mode and a hard floor mode, or between a high brushroll speed and low or off brushroll speed.”).
Claim(s) 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over Liddell (US 20100223751 A1) in view of Conrad2 (US 20160015229 A1) Xia (US 20170119225 A1) and Irfan (US 20190183307 A1).
Regarding Claim 37, Liddell discloses A hand surface cleaning apparatus having a front end (4) and a rear end (end of cleaner near 16, see Fig. 1) and a longitudinal axis extending between the front end and the rear end (Extending between the front and rear end) , the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet (suction opening 4) to a clean air outlet (exhaust vents 16, See Para [0044] “An air flow path extends from the suction opening 4, through the suction conduit 2, the cyclonic separating apparatus 6 and the motor housing 12 to the exhaust vents 16.”);
(b) an air treatment member provided in the air flow path (Cyclonic separator 6);
(c) a motor and fan assembly (See Para [0045] “In this embodiment, the airflow generator 26 takes the form of a brushless DC motor and fan assembly.”) provided in the air flow path (See Para [0044] cited above), the motor and fan assembly provided in a motor housing and having a motor axis of rotation that extends in a common direction with the longitudinal axis (See Figs. 1 and 2 showing);
(d) a pistol grip handle (18), wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (See Fig. 1 showing upper end of pistol grip handle mounted to the lower end of the body 12); and,
Does not explicitly disclose (e) a user interface provided on a top facing surface of the rear end of the hand surface cleaning apparatus which houses the motor and fan assembly of the surface cleaning apparatus when the longitudinal axis is horizontal, and wherein the user interface provides information about at least one operating mode of the hand surface cleaning apparatus, and
wherein, when the longitudinal axis is horizontal, the user interface overlies the motor and fan assembly and the user interface is rearward of a hand grip portion of the pistol grip handle.
However, Conrad2 discloses a cleaner with a user interface (switch 640) that is spaced from the rear end of the motor and fan assembly (See Fig. 4), located on the top of the surface that the pistol grip handle (112) is mounted to a lower side of (See Fig. 2).
And Xia discloses a cleaner with a user interface located on the handle (120) and additionally discloses that the location of the user interface can be provided anywhere on the cleaner (See Para [0041] “The handle assembly 100 generally comprises a handgrip 119 and a user interface assembly 120. In other embodiments, the user interface assembly 120 can be provided elsewhere on the vacuum cleaner 10, such as on the body assembly 200.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify Liddell to include a user interface spaced from the rear end of the motor and fan assembly, at such a position that is on the top of the surface that the pistol grip handle is mounted to a lower side of, as it has been held that shifting the location of a device like a user interface would be obvious to one of ordinary skill in the art if it would not modify the operation of the device (See MPEP 2144.04 VI C) and Xia discloses that the user interface can be provided on at different locations such as the body of the cleaner without disrupting the operation of the device See Para [0041] cited above. And additionally, doing so would allow for easier control and use of the user interface of the operator during use.
Examiner notes that modifying Liddell in such a way as described above would additionally result in
(e) a user interface (Conrad2 640) provided on a top facing surface (Conrad Fig. 4 and Xia Para [0041]) of the rear end of the hand surface cleaning apparatus which houses the motor and fan assembly of the surface cleaning apparatus when the longitudinal axis is horizontal (As seen in Fig. 1-3 of Liddell),
wherein, when the longitudinal axis is horizontal, the user interface overlies the motor and fan assembly (640 of Conrad2 positioned on top of motor housing 14 of Liddell, see Fig. 3 of Liddell), and the user interface is rearward of a hand grip portion of the pistol grip handle (See Exploded view of Liddel Fig. 3).
Irfan discloses a similar hand cleaner with a user interface (222) wherein the user interface provides information about at least one operating mode of the hand surface cleaning apparatus (See Para [0036] “The user interface 222 may include a button, switch, touch screen, dial or other user-manipulative interface. In the illustrated embodiment, the user interface 222 includes a visual indicator or display 422 operable to display information on the user-facing surface 218. The visual indicator 422 may be a screen, LEDs, graphical interface, or other visual indicator. The user interface 222 is electrically connected to the battery 138 and a vacuum controller 410 and is connected to and operable to control and display information about features of the vacuum cleaner, for example battery life, power setting, system performance or other information. The user interface 222 may be connected to and operable to control and display information about features on attached accessory tools, such as brush motors or sensors. In the illustrated embodiment, the user-interface 222 may be configured to vary operation of a brushroll (e.g., brushroll 578 of FIG. 12). In particular, activation of the user-interface 222 varies operation of the brushroll between a carpet mode and a hard floor mode, or between a high brushroll speed and low or off brushroll speed.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the user interface to be able to supply information about at least one operating mode of the hand surface cleaning apparatus, as doing so would keep the user informed about the status of the cleaner such as if the cleaner needs to be charged.
Regarding Claim 38, Liddell as modified discloses all the limitations of claim 37, and in addition discloses wherein the user interface includes at least one control of the hand surface cleaning apparatus (See Above Citation of Para [0036] discussing user interface being configured to vary operations of the brushroll).
Regarding Claim 39, Liddell as modified discloses all the limitations of claim 37, and in addition discloses wherein the hand surface cleaning apparatus has an upper axially extending sidewall (top portion of 14 of Liddel) and the user interface is provided on the axially extending sidewall (As modified in claim 37).
Regarding Claim 40, Liddell as modified discloses all the limitations of claim 37 and in addition discloses further comprising an energy storage member (22) and the user interface also provides information about a charge level of the energy storage member (See Para [0036] of Irfan as cited in the rejection of Claim 37, discussing displaying information about the level of charge in a battery).
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
