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 7, filed 03/26/2026, 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 03/26/2026. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of claim 1 of U.S. Co-pending Application No. 18918284 (Hereinafter ‘284) and US 12161280 B2. See Double patenting section below.
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 The 112(b) rejection of the claims have been withdrawn.
Applicant’s arguments, see page 9, filed 03/26/2026, with respect to the rejection(s) of claim(s) 19-26, 28-30 under 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 Therefore, the rejection has been withdrawn.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 Irfan (US 20190183307 A) in view of Conrad (US 20160367094 A1) and Liddell (US 201002237051 A1).
Applicant's remaining arguments filed 03/26/2026 have been fully considered but they are not persuasive.
Applicant argues that Examiner acknowledged that the amendments overcome the rejection of record. As noted in the Examiners interview summary dated 03/30/2026, Examiner noted that the appear to overcome the previous rejections, but do not appear to overcome the art as a whole. As noted below, in the rejections of claim 31 and 37, while the claims have been amended to include details regarding the specific location of the User interface,
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. As such Examiner maintains the rejection in view of Irfan in view of Xia.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 19, 21, and 28-30 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12161280 (hereinafter ‘280) in view of Irfan (US 20190183307 A1), Conrad (US 20160367094 A1) and Liddell (US 20100223751 A1)
Regarding Claim 19, A hand surface cleaning apparatus having a front end and a rear end and a longitudinal axis that extends between the front end and the rear end (‘280 “A hand vacuum cleaner having a front end, a rear end, an upper end and a lower end”),
the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet to a clean air outlet (‘280 “an air flow path extending from a dirty air inlet to a clean air outlet,”);
(b) an air treatment member provided in the air flow path (‘280 “an air treatment assembly comprising an air treatment chamber positioned in the air flow path”);
(c) a motor and fan assembly provided in the air flow path, the motor and fan assembly provided in a motor housing (‘280 “a suction motor positioned in the air flow path downstream of the air treatment assembly and upstream of the clean air outlet, the suction motor having a motor axis of rotation;”); and
(d) a user interface that is spaced from and overlies the rear end of the motor and fan assembly hand surface cleaning apparatus (‘280 “an information display device provided on a rear wall of the rear end of the hand vacuum cleaner,”);
but does not explicitly disclose:
(e) a support arm that extends longitudinally rearwardly of the rear end of the motor housing; and
(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.
Irfan discloses a similar cleaner including: (f) a user interface support (218) that receives the user interface (See Para [0034] “With reference to FIG. 2, the main body 22 includes a rear-facing surface 218 opposite the dirty air inlet 14. In other words, the rear-facing surface 218 is formed on the rear 78 of the main body 22 and faces a user during operation. A user interface 222 is positioned on the rear-facing surface 218 adjacent the handle 98.”), the user interface support extending vertically, (See Fig. 2),
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to include a support member such as the rear facing surface of Ifran to place the user interface that is on the rear end of the cleaner of ‘280, so that it is clearly visible and in a fixed location for the operator to review during operation of the device.
And Liddell discloses a similar cleaner with a motor support (32 and the interior of 14) which extends rearwardly of the rear portion of the motor housing (26, see Fig. 2, 3 and 7b).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify ‘280 to include a support arm that extends longitudinally rearwardly of the rear end of the motor housing for the motor housing such that the user interface support extends transversely to the support arm as doing so would allow for the motor housing to be removable as advantageously discloses in Para [0178] of Conrad, allowing for a majority of the weight of the cleaner to be removed while emptying the collection chamber and cyclone.
Regarding Claim 21, ‘280 discloses all the limitations of claim 19 and in addition discloses wherein the user interface support faces rearwardly (‘280 “an information display device provided on a rear wall of the rear end of the hand vacuum cleaner,” as modified by Ifran the user interface support facing rearwardly).
Regarding Claim 28, ‘280 discloses all the limitations of claim 19 but does not disclose wherein the user interface provides information about at least one operating mode of the hand surface cleaning apparatus.
However, Irfan does disclose 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 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 ‘280 to provide information regarding the operating mode of the cleaner as Irfan discloses a multipurpose interface which can display numerous different types of information all of which would be beneficial to the user during a cleaning operation.
Regarding Claim 29, claim 1 of ‘280 discloses all the limitations of claim 19 but does not disclose further comprising an energy storage member and the user interface provides information about a charge level of the energy storage member.
However, Ifran discloses further comprising an energy storage member (138) and the user interface provides information about a charge level of the energy storage member (See Para [0036] “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.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify ‘280 to have an energy storage member and adapt the user interface to display the charge level of the energy storage member doing so would allow the user to know how if the cleaner needs to be charged or if it is ready to use and to allow the user to the cleaner without worrying about a power cord.
Regarding Claim 30, claim 1 of ‘280 discloses all the limitations of claim 19 but does not disclose further wherein the user interface includes at least one control of the hand surface cleaning apparatus.
However, Irfan does disclose wherein the user interface includes at least one control of the hand surface cleaning apparatus (See Para [0036] “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 ‘280 to include control of the hand surface cleaning apparatus as doing so would allow the user to easily select the most efficient mode of cleaning for a given surface increasing the efficiency of the cleaner.
Claim 31, 32, 34, and 37-40 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12161280 (hereinafter ‘280) in view of Irfan (US 20190183307 A1) and Xia (US 20170119225 A1)
Regarding Claim 31, Claim 1 of ‘280 discloses
A hand surface cleaning apparatus having a front end and a rear end and a longitudinal axis extending between the front end and the rear end, the hand surface cleaning apparatus comprising (‘280 “A hand vacuum cleaner having a front end, a rear end, an upper end and a lower end, the hand vacuum cleaner comprising:”):
(a) an air flow path from a dirty air inlet at the front end to a clean air outlet (‘280 “an air flow path extending from a dirty air inlet to a clean air outlet,”);
(b) an air treatment member provided in the air flow path (‘280 “an air treatment assembly comprising an air treatment chamber positioned in the air flow path”);
(c) a motor and fan assembly provided in the air flow path (‘280 “a suction motor positioned in the air flow path downstream of the air treatment assembly and upstream of the clean air outlet,”);
a pistol grip handle, wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (‘280 “a pistol grip handle having a handle upper end, a handle lower end and a handle axis extending centrally through the pistol grip handle from the lower end of the handle to the upper end of the handle”); and a user interface device (‘280 “an information display device provided on a rear wall of the rear end of the hand vacuum cleaner,”)
but does not explicitly disclose
a user interface provided on the handle, 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 is provided on the handle at a location below the motor and fan assembly.
However, Irfan discloses a pistol grip handle (98), wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (See Fig. 3); and,
the user interface provided near the handle, 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 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 ‘280 to provide information regarding the operating mode of the cleaner as Irfan discloses a multipurpose interface which can display numerous different types of information all of which would be beneficial to the user during a cleaning operation, and placing said interface on the rear side of the cleaner above the pistol grip handle would allow for the information to be easily seen at a glance by the user.
However, 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 ‘280 as modified by Ifran 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 the handle at a location below the motor and fan assembly (See Fig. 3 user interface could be placed on the opposite side of the trigger mechanism 100, 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, ‘280 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 Para [0036] of Irfan cited above).
Regarding Claim 34, ‘280 as modified discloses all the limitations of claim 31 and in addition discloses wherein the user interface is provided at an upper end of the pistol grip handle (See Irfan Fig. 2).
Regarding Claim 37, Claim 1 of ‘280 discloses A hand surface cleaning apparatus having a front end and a rear end and a longitudinal axis extending between the front end and the rear end, the hand surface cleaning apparatus comprising (‘280 “A hand vacuum cleaner having a front end, a rear end, an upper end and a lower end, the hand vacuum cleaner comprising:”):
(a) an air flow path from a dirty air inlet to a clean air outlet (‘280 “an air flow path extending from a dirty air inlet to a clean air outlet”);
(b) an air treatment member provided in the air flow path (‘280 “an air treatment assembly comprising an air treatment chamber positioned in the air flow path”);
(c) a motor and fan assembly provided in the air flow path (‘280 “a suction motor positioned in the air flow path downstream of the air treatment assembly and upstream of the clean air outlet, the suction motor having a motor axis of rotation;”);
(d) a pistol grip handle, wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (‘280 “a pistol grip handle having a handle upper end, a handle lower end and a handle axis extending centrally through the pistol grip handle from the lower end of the handle to the upper end of the handle, wherein, an axis extending in a common direction with the air treatment assembly axis extends through the air treatment assembly air outlet and intersects the handle axis within the hand vacuum cleaner,
and wherein the handle axis intersects the suction motor;”); and,
(e) a user interface (‘280 “an information display device provided on a rear wall of the rear end of the hand vacuum cleaner,”)
But does not explicitly disclose the 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.
However, Irfan discloses a cleaner wherein the user interface provides information about at least one operating mode of the hand surface cleaning apparatus. (See Para [0036] “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.)”
However, Xia discloses a cleaner with a user interface (210) located on the upper side of the surface cleaning apparatus (See Fig. 2) and discloses that the user interface can be located on different parts of the cleaner without disrupting the operation of the device (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 such that wherein the user interface is 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 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 ‘280 as modified by Ifran to be on the top surface of the motor and fan assembly (Roughly where arrow 114 is pointing towards, or below the intersection of axis 34 and 110 in Fig. 3 of Irfan) would result in a user interface provided on an upper side 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 (Xia as cited above citing the user interface can be positioned elsewhere on the cleaner).
Regarding Claim 38, ‘280 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 Para [0036] of Irfan cited above).
Regarding Claim 39, ‘280 discloses all the limitations of claim 37 and in addition discloses wherein the hand surface cleaning apparatus has an upper axially extending sidewall (218 of Irfan) and the user interface is provided on the axially extending sidewall (as modified by Irfan in claim 37 see Fig. 2).
Regarding Claim 40, ‘280 discloses all the limitations of claim 37 and suggests but does not explicitly disclose further comprising an energy storage member and the user interface also provides information about a charge level of the energy storage member (See Para [0036 of Irfan cited above discussing the user display displaying battery life).
It would be further obvious to one of ordinary skill in the art before the effective filling date of the invention to modify ‘280 to have an energy storage member and adapt the user interface to display the charge level of the energy storage member doing so would allow the user to know how if the cleaner needs to be charged or if it is ready to use and to allow the user to the cleaner without worrying about a power cord.
Claims 19, 21, 28-30 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 21 of U.S. Co-pending Application No. 18918284 (Hereinafter ‘284) in view of Irfan (US 20190183307 A1), Conrad (US 20160367094 A1) and Lidell (US 20100223751 A1)
This is a provisional nonstatutory double patenting rejection.
Regarding Claim 19, A hand surface cleaning apparatus having a front end and a rear end, the hand surface cleaning apparatus comprising (‘284 Claim 1 “a front end, a rear end, an upper end and a lower end, the hand vacuum cleaner comprising”):
(a) an air flow path from a dirty air inlet to a clean air outlet (‘284 Claim 1 “(a) an air flow path extending from a dirty air inlet to a clean air outlet, the dirty air inlet provided at the front end,”);
(b) an air treatment member provided in the air flow path (‘284 “an air treatment assembly comprising a air treatment chamber positioned in the air flow path”);
(c) a motor and fan assembly provided in the air flow path (‘284 “a suction motor in the air flow path downstream of the air treatment assembly and upstream of the clean air outlet, the suction motor having a motor axis of rotation;”); and
(d) a user interface that is spaced from the rear end of the motor and fan assembly (Claim 21, ‘284 “further comprising an information display device provided on a rear wall of the rear end of the hand vacuum cleaner wherein, when the air treatment assembly axis extends horizontally and the handle is at a lower elevation than the suction motor, the rear wall is located above the handle.”) but does not explicitly disclose:
(e) a support arm that extends longitudinally rearwardly of the rear end of the motor housing; and
(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.
Irfan discloses a similar cleaner including: (f) a user interface support (218) that receives the user interface (See Para [0034] “With reference to FIG. 2, the main body 22 includes a rear-facing surface 218 opposite the dirty air inlet 14. In other words, the rear-facing surface 218 is formed on the rear 78 of the main body 22 and faces a user during operation. A user interface 222 is positioned on the rear-facing surface 218 adjacent the handle 98.”), the user interface support extending vertically, (See Fig. 2),
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to include a support member such as the rear facing surface of Ifran to place the user interface that is on the rear end of the cleaner of ‘284, so that it is clearly visible and in a fixed location for the operator to review during operation of the device.
And Conrad discloses a similar cleaner including a support arm (see Fig. 11, piece at 7994 is a support arm for the motor module 7912).
And Liddell discloses a similar cleaner with a motor support (32 and the interior of 14) which extends rearwardly of the rear portion of the motor housing (26, see Fig. 2, 3 and 7b).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify ‘284 to include a support arm that extends longitudinally rearwardly of the rear end of the motor housing for the motor housing such that the user interface support extends transversely to the support arm as doing so would allow for the motor housing to be removable as advantageously discloses in Para [0178] of Conrad, allowing for a majority of the weight of the cleaner to be removed while emptying the collection chamber and cyclone.
Regarding Claim 21, Claim 1 of ‘284 discloses all the limitations of claim 19 and in addition discloses further wherein the user interface support faces rearwardly (‘284 “an information display device provided on a rear wall of the rear end of the hand vacuum cleaner wherein” as modified in claim 19, user interface support supports the user interface device).
Regarding Claim 28, claim 4 of ‘284 discloses all the limitations of claim 19 but does not disclose wherein the user interface provides information about at least one operating mode of the hand surface cleaning apparatus.
However, Irfan does disclose 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 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 ‘284 to provide information regarding the operating mode of the cleaner as Irfan discloses a multipurpose interface which can display numerous different types of information all of which would be beneficial to the user during a cleaning operation.
Regarding Claim 29, claim 1 of ‘284 discloses all the limitations of claim 19 but does not disclose further comprising an energy storage member and the user interface provides information about a charge level of the energy storage member.
However, Ifran discloses further comprising an energy storage member (138) and the user interface provides information about a charge level of the energy storage member (See Para [0036] “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.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify ‘284 to have an energy storage member and adapt the user interface to display the charge level of the energy storage member doing so would allow the user to know how if the cleaner needs to be charged or if it is ready to use and to allow the user to the cleaner without worrying about a power cord.
Regarding Claim 30, claim 1 of ‘284 discloses all the limitations of claim 19 but does not disclose further wherein the user interface includes at least one control of the hand surface cleaning apparatus.
However, Irfan does disclose wherein the user interface includes at least one control of the hand surface cleaning apparatus (See Para [0036] “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 ‘284 to include control of the hand surface cleaning apparatus as doing so would allow the user to easily select the most efficient mode of cleaning for a given surface increasing the efficiency of the cleaner.
Claims 31, 32, 34, and 37-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 21 of U.S. Co-pending Application No. 18918284 (hereinafter ‘284) in view of Irfan (US 20190183307 A1) and Xia (US 20170119225 A1)
Regarding Claim 31, Claim 1 of ‘284 discloses
A hand surface cleaning apparatus having a front end and a rear end and a longitudinal axis extending between the front end and the rear end, the hand surface cleaning apparatus comprising (‘284 “A hand vacuum cleaner having a front end, a rear end, an upper end and a lower end, the hand vacuum cleaner comprising”:
(a) an air flow path from a dirty air inlet at the front end to a clean air outlet (‘284 Claim 1 “an air flow path extending from a dirty air inlet to a clean air outlet,”);
(b) an air treatment member provided in the air flow path (‘284 “a air treatment assembly comprising a air treatment chamber positioned in the air flow path,”);
(c) a motor and fan assembly provided in the air flow path (‘284 “a suction motor in the air flow path downstream of the air treatment assembly and upstream of the clean air outlet, the suction motor having a motor axis of rotation;”); and;
A handle, (Claim 1 of ‘284 “a handle; an”); and,
(d) a user interface (Claim 1 ‘284 “an information display device provided on a rear wall of the rear end of the hand vacuum cleaner wherein”)
But does not explicitly disclose the user interface provided on the handle a pistol grip handle, wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus;
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 is provided on the handle at a location below the motor and fan assembly.
However, Ifran discloses wherein a cleaner wherein a pistol grip handle (98), wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (See Fig. 2 showing handle mounted to the bottom of the motor housing) the user interface provides information about at least one operating mode of the hand surface cleaning apparatus (See Para [0036] “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 ‘284 to provide information regarding the operating mode of the cleaner as Irfan discloses a multipurpose interface which can display numerous different types of information all of which would be beneficial to the user during a cleaning operation, and placing said interface on the rear side of the cleaner above the pistol grip handle would allow for the information to be easily seen at a glance by the user.
And, Xia discloses a cleaner with a user interface (210) located on the upper side of the surface cleaning apparatus (See Fig. 2) and discloses that the user interface can be located on different parts of the cleaner without disrupting the operation of the device (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 such that wherein the user interface is 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 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 ‘284 as modified by Ifran 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 the handle at a location below the motor and fan assembly (See Fig. 3 of Irfan user interface could be placed on the opposite side of the trigger mechanism 100, 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, ‘284 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 Para [0036] of Irfan cited above).
Regarding Claim 34, ‘284 as modified discloses all the limitations of claim 31 and in addition discloses wherein the user interface is provided at an upper end of the pistol grip handle (See Irfan Fig. 2).
Regarding Claim 37, ‘284 discloses
A hand surface cleaning apparatus having a front end and a rear end, and a longitudinal axis extending between the front end and the rear end, the hand surface cleaning apparatus comprising (‘284 Claim 1 “a front end, a rear end, an upper end and a lower end”);
(a) an air flow path from a dirty air inlet to a clean air outlet (‘284 “(a) an air flow path from a dirty air inlet to a clean air outlet;”);
(b) an air treatment member provided in the air flow path (‘284 “a air treatment assembly comprising an air treatment chamber positioned in the air flow path”)
(c) a motor and fan assembly provided in the air flow path (‘284 “a suction motor in the air flow path downstream of the air treatment assembly and upstream of the clean air outlet, the suction motor having a motor axis of rotation;”);
(d) a handle (claim 1 of ‘284 “a handle”); and,
(e) a user interface provided on a rear end of the surface cleaning apparatus when the longitudinal axis is horizontal (Claim 21 ‘284 “an information display device provided on a rear wall of the rear end of the hand vacuum cleaner wherein, when the air treatment assembly axis extends horizontally and the handle is at a lower elevation than the suction motor, the rear wall is located above the handle.”),
But does not explicitly disclose wherein
The handle is a pistol grip handle, wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus
The 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
the user interface provides information about at least one operating mode of the hand surface cleaning apparatus.
However, Ifran discloses wherein a cleaner wherein a pistol grip handle (98), wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (See Fig. 2 showing handle mounted to the bottom of the motor housing) the user interface provides information about at least one operating mode of the hand surface cleaning apparatus (See Para [0036] “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 ‘284 to provide information regarding the operating mode of the cleaner as Irfan discloses a multipurpose interface which can display numerous different types of information all of which would be beneficial to the user during a cleaning operation, and placing said interface on the rear side of the cleaner above the pistol grip handle would allow for the information to be easily seen at a glance by the user.
However, Xia discloses a cleaner with a user interface (210) located on the upper side of the surface cleaning apparatus (See Fig. 2) and discloses that the user interface can be located on different parts of the cleaner without disrupting the operation of the device (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 such that wherein the user interface is 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 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 ‘284 as modified by Ifran to be on the top surface of the motor and fan assembly (Roughly where arrow 114 is pointing towards, or below the intersection of axis 34 and 110 in Fig. 3 of Irfan) would result in a user interface provided on an upper side 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 (Xia as cited above citing the user interface can be positioned elsewhere on the cleaner).
Regarding Claim 38, ‘284 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 Para [0036] of Irfan cited above).
Regarding Claim 39, ‘284 discloses all the limitations of claim 37 and in addition discloses wherein the hand surface cleaning apparatus has an upper axially extending sidewall (218 of Irfan) and the user interface is provided on the axially extending sidewall (as modified by Irfan in claim 37 see Fig. 2).
Regarding Claim 40, ‘284 discloses all the limitations of claim 37 and suggests but does not explicitly disclose further comprising an energy storage member and the user interface also provides information about a charge level of the energy storage member (See Para [0036 of Irfan cited above discussing the user display displaying battery life).
It would be further obvious to one of ordinary skill in the art before the effective filling date of the invention to modify ‘284 to have an energy storage member and adapt the user interface to display the charge level of the energy storage member doing so would allow the user to know how if the cleaner needs to be charged or if it is ready to use and to allow the user to the cleaner without worrying about a power cord.
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 23 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 23, Claim 23 requires “further comprising a fan and suction motor housing and the rear end is a rear end of the fan and suction motor housing.” And it is unclear if the “fan and suction motor housing” is meant to be the same as the “motor housing” in which the “motor and fan assembly” is provided as claimed in claim 1. For the purposes of Examination, this will be treated as the same component such that claim 23 requires “wherein the rear end is a rear end of the motor housing.”
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, 21, 22, 23, 25, 26, 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Irfan (US 20190183307 A) in view of Conrad (US 20160367094 A1) and Liddell (US 20100223751 A1).
Regarding Claim 19, Irfan discloses
A hand surface cleaning apparatus having a front end (14) and a rear end (rear of suction motor 118 around 122, Examiner notes that the claims are interpreted in light of the specification, while solely by plain meaning one of ordinary skill would define the rear end of the surface cleaning apparatus as the exterior surface opposite the front end, Applicants specification and claims seem to indicate that the rear end in this case is formed at the rear side of the motor assembly housing, See Dependent claim 23 and Para [00381] of Applicants specification “As exemplified, the main body housing 122 has a rear end 756, and the user interface 360 may overly the rear end 756.” In combination with Figure 69.), and a longitudinal axis that extends between the front end and the rear end (See Axis 46 in Fig. 3), the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet to a clean air outlet (See Para [0022] “The handheld vacuum cleaner 10 includes a fluid flow path extending from a dirty air inlet 14 to a clean air outlet 18.”);
(b) an air treatment member provided in the air flow path (See Para [0022] “The handheld vacuum cleaner 10 also includes a main body 22 (i.e., a main housing) and a cyclonic separator assembly 26 removably coupled to the main body 22.”);
(c) a motor and fan assembly provided in the air flow path (See Para [0023] “The handheld vacuum cleaner 10 further includes a motor assembly 114 positioned within the main body 22 and operable to generate an airflow through the fluid flow path. In particular, the motor assembly 114 includes a motor 118 with a motor shaft 122 defining a motor rotational axis 126 and a fan 130 coupled to the motor shaft 122 for co-rotation.”), the motor and fan assembly provided in a motor housing (portion of 22 where 114 is located (See Fig. 7) forms a motor housing portion of the main body 22); and
(d) a user interface (222) that is spaced from the rear end of the motor and fan assembly (See figure 3, showing user interface 222 behind the motor and fan assembly 114, interface is in a similar location with respect to the rear end of the cleaner as shown in Fig. 69 and 70 of the applicant’s specification).
(f) a user interface support (218) that receives the user interface (See Para [0034] “With reference to FIG. 2, the main body 22 includes a rear-facing surface 218 opposite the dirty air inlet 14. In other words, the rear-facing surface 218 is formed on the rear 78 of the main body 22 and faces a user during operation. A user interface 222 is positioned on the rear-facing surface 218 adjacent the handle 98.”), the user interface support extending vertically, (See Fig. 2),
But does not explicitly disclose a support arm that extends longitudinally rearwardly of the rear end of the motor housing, wherein, when the longitudinal axis is horizontal, the user interface support extends transversely to the support arm
However, Conrad discloses a similar hand vacuum cleaner with a support arm (see Fig. 11, piece at 7994 is a support arm for the motor module 7912).
And Liddell discloses a similar cleaner with a motor support (32 and the interior of 14) which extends rearwardly of the rear portion of the motor housing (26, see Fig. 2, 3 and 7b).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify Irfan to include a support arm that extends longitudinally rearwardly of the rear end of the motor housing for the motor housing as doing so would allow for the motor housing to be removable as advantageously discloses in Para [0178] of Conrad, allowing for a majority of the weight of the cleaner to be removed while emptying the collection chamber and cyclone.
Examiner notes that modifying Irfan in view of Conrad would disclose a support arm (7994 of Conrad) that extends longitudinally rearwardly of the rear end of the motor housing (See Fig. 11 of Conrad and Fig. 2 and 3 of Liddell), wherein, when the longitudinal axis is horizontal (See Fig. 3 of Irfan), the user interface support extends transversely to the support arm (218 of Irfan extends transversely to the support arm which extends parallel to the longitudinal axis).
Regarding Claim 21, Irfan as modified discloses all the limitations of claim 19 and in addition discloses wherein the user interface support faces rearwardly (See 222 facing rearwardly in Fig. 2).
Regarding Claim 22, Irfan as modified discloses all the limitations of claim 19 and in addition discloses further comprising an air gap provided between a rear end of a main body of the hand surface cleaning apparatus and the user interface support (See Annotated Figure A, below showing an air gap, further see air vents 18 in Fig. 2 showing that air flow flows through this area of the cleaner as part of exhausting air).
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Annotated Figure A (Figure 3 of Irfan)
Regarding Claim 23, Irfan as modified discloses all the limitations of claim 22 and in addition discloses further comprising a fan and suction motor housing (114) and the rear end is a rear end of the fan and suction motor housing (See Annotated Figure A above).
Regarding Claim 25, Irfan as modified discloses all the limitations of claim 19 and in addition discloses further comprising a pistol grip handle (98, See Fig. 2) that is provided on a lower end of the hand surface cleaning apparatus and the support arm (7994 of Conrad and 32 and 14 of Liddell) extends rearwardly from the pistol grip handle (See Annotated Figure A above, Fig. 1 of Liddell and Fig. 11 of Conrad).
Regarding Claim 26, Irfan as modified discloses all the limitations of claim 25 in addition discloses wherein the support arm (7994 of Conrad and 14 of Liddell) extends rearwardly from an upper end of the pistol grip handle (Irfan as modified would include a support arm for the motor housing, and the motor housing is bounded on the rear end by the support 218, which extends rearwardly from the upper end of the pistol grip.).
Regarding Claim 28, Irfan as modified discloses all the limitations of claim 19 and in addition discloses 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 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.”).
Regarding Claim 29, Irfan as modified discloses all the limitations of claim 19 and in addition discloses further comprising an energy storage member (138) and the user interface provides information about a charge level of the energy storage member (See Para [0036] “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.”).
Regarding Claim 30, Irfan 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 [0036] “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) 31, 32, 35, 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over Irfan (US 20190183307 A1) in view of Xia (US 20170119225 A1)
Regarding Claim 31, Irfan discloses
A hand surface cleaning apparatus having a front end (14) and a rear end (rear of suction motor 118 around 122, Examiner notes that the claims are interpreted in light of the specification, while solely by plain meaning one of ordinary skill would define the rear end of the surface cleaning apparatus as the exterior surface opposite the front end, Applicants specification and claims seem to indicate that the rear end in this case is formed at the rear side of the motor assembly housing, See Dependent claim 23 and Para [00381] of Applicants specification “As exemplified, the main body housing 122 has a rear end 756, and the user interface 360 may overly the rear end 756.” In combination with Figure 69.), and a longitudinal axis extending between the front end and the rear end (See Axis 46 in Fig. 3), the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet at the front end to a clean air outlet (See Para [0022] “The handheld vacuum cleaner 10 includes a fluid flow path extending from a dirty air inlet 14 to a clean air outlet 18.”);
(b) an air treatment member provided in the air flow path (See Para [0022] “The handheld vacuum cleaner 10 also includes a main body 22 (i.e., a main housing) and a cyclonic separator assembly 26 removably coupled to the main body 22.”);
(c) a motor and fan assembly (114) provided in the air flow path (See Para [0023] “The handheld vacuum cleaner 10 further includes a motor assembly 114 positioned within the main body 22 and operable to generate an airflow through the fluid flow path.”);
a pistol grip handle (98), wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (See Fig 2 where 98 is connected to 22); and,
(d) a user interface (222) provided near the handle (98, see Fig. 2), 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 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.”).
But does not explicitly disclose wherein the user interface is on the handle, and wherein when the longitudinal axis is horizontal, the user interface is provided on the handle at a location below the motor and fan assembly.
However, 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 Ifran 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 the handle at a location below the motor and fan assembly (See Fig. 3 user interface could be placed on the opposite side of the trigger mechanism 100, 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, Irfan 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 Para [0036] “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.”).
Regarding Claim 35, Irfan discloses all the limitations of claim 31 and in addition discloses further comprising an energy storage member (138) and the user interface provides information about a charge level of the energy storage member (See Para [0036] “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.”).
Regarding Claim 37, Irfan discloses A hand surface cleaning apparatus having a front end (14) and a rear end (rear of suction motor 118 around 122, Examiner notes that the claims are interpreted in light of the specification, while solely by plain meaning one of ordinary skill would define the rear end of the surface cleaning apparatus as the exterior surface opposite the front end, Applicants specification and claims seem to indicate that the rear end in this case is formed at the rear side of the motor assembly housing, See Dependent claim 23 and Para [00381] of Applicants specification “As exemplified, the main body housing 122 has a rear end 756, and the user interface 360 may overly the rear end 756.” In combination with Figure 69.), and a longitudinal axis extending between the front end and the rear end (See Axis 46 in Fig. 3), the hand surface cleaning apparatus comprising:
(a) an air flow path from a dirty air inlet to a clean air outlet (See Para [0022] “The handheld vacuum cleaner 10 includes a fluid flow path extending from a dirty air inlet 14 to a clean air outlet 18.”);
(b) an air treatment member provided in the air flow path (See Para [0022] “The handheld vacuum cleaner 10 also includes a main body 22 (i.e., a main housing) and a cyclonic separator assembly 26 removably coupled to the main body 22.”);
(c) a motor and fan assembly provided in the air flow path (See Para [0023] “The handheld vacuum cleaner 10 further includes a motor assembly 114 positioned within the main body 22 and operable to generate an airflow through the fluid flow path.”);
(d) a pistol grip handle (98), wherein an upper end of the pistol grip handle is mounted to a lower end of the hand surface cleaning apparatus (See Fig. 2 and 3 showing 98 attached to the bottom of housing 22); and,
(e) a user interface (222) provided on the surface cleaning apparatus (See Fig. 2),
wherein the user interface (222) provides information about at least one operating mode of the hand surface cleaning apparatus (See Para [0036] “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.”).
But does not explicitly disclose wherein the user interface is 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.
However, Xia discloses a cleaner with a user interface (210) located on the upper side of the surface cleaning apparatus (See Fig. 2) and discloses that the user interface can be located on different parts of the cleaner without disrupting the operation of the device (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 such that wherein the user interface is 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 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 Ifran to be on the top surface of the motor and fan assembly (Roughly where arrow 114 is pointing towards, or below the intersection of axis 34 and 110 in Fig. 3 of Irfan) would result in a user interface provided on an upper side 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 (Xia as cited above citing the user interface can be positioned elsewhere on the cleaner).
Regarding Claim 38, Irfan 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 Para [0036] “In the illustrated embodiment, the user-interface 222 may be configured to vary operation of a brush roll (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 39, Irfan 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 wall of 22, See figure 2, where 22 is indicated above the vent 18) and suggests but does not explicitly disclose and the user interface is provided on the axially extending sidewall (as modified in claim 1).
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 provided at the on the axially extending sidewall as doing so would allow for the operator to easily see the displayed information at a glance, additionally Xia suggests that the user interface can be placed in different positions, and would not affect the operation of the device, as such modifying the location of the user interface would be a matter of rearrangement of parts, See MPEP 2144.04 VI C.
Regarding Claim 40, Irfan as modified discloses all the limitation of claim 37 and in addition discloses further comprising an energy storage member and the user interface also provides information about a charge level of the energy storage member (See Para [0036] “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.”).
Claim(s) 27 are rejected under 35 U.S.C. 103 as being unpatentable over Irfan (US 20190183307 A1) in view of Dyson (US 20090265877 A1).
Regarding Claim 27, Irfan discloses all the limitations of claim 25 but does not explicitly disclose further comprising an energy storage member provided at a lower end of the pistol grip handle.
However, Dyson discloses a similar surface cleaning device with a pistol grip handle (28) with an energy storage member provided at a lower end of the pistol grip handle (See Para [0015] “A power source 32 is connected to the handgrip 28 through a mounting portion 34.”).
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 energy storage member to be located at the lower end of the pistol grip handle as doing so would not affect the operation of the device and would be a matter of rearrangement of parts. See MPEP 2144.04 VI C.
Claim(s) 33 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Irfan (US 20190183307 A1) in view of Xia (US 20170119225 A1) as modified in claim 31 and further view of Dyson (US 20090265877 A1).
Regarding Claim 33, Irfan discloses all the limitations of claim 31 but does not explicitly disclose further comprising an energy storage member provided at a lower end of the pistol grip handle.
However, Dyson discloses a similar surface cleaning device with a pistol grip handle (28) with an energy storage member provided at a lower end of the pistol grip handle (See Para [0015] “A power source 32 is connected to the handgrip 28 through a mounting portion 34.”).
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 energy storage member to be located at the lower end of the pistol grip handle as doing so would not affect the operation of the device and would be a matter of rearrangement of parts. See MPEP 2144.04 VI C.
Regarding Claim 34, Irfan discloses all the limitations of claim 33 and suggests but does not explicitly discloser wherein the user interface is provided at an upper end of the pistol grip handle (See Rejection of claim 31 above).
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 provided at the upper end of the pistol grip handle as doing so would allow an operator to more easily interact with the user interface during the cleaning operation while holding the pistol grip handle, additionally Xia suggests that the user interface can be placed in different positions, and would not affect the operation of the device, as such modifying the location of the user interface would be a matter of rearrangement of parts, See MPEP 2144.04 VI C.
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.
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/T.J.M./ Examiner, Art Unit 3723
/DAVID S POSIGIAN/ Supervisory Patent Examiner, Art Unit 3723
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