DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/22/2026 was filed after the mailing date of the Non-Final Rejection on 03/30/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Claims
This action is in response to the Amendments/Response filed by Applicant on 05/01/2026.
Claims 1 and 3-10 are amended.
Claim 2 is canceled.
Response to Amendment
The examiner fully acknowledges the amendments to claims 1, 3 & 6-10 as filed by Applicant on 05/01/2026.
The amendments to the claims have addressed the objections previously submitted and the objections set forth in the previous office action pertaining to the drawings are withdrawn.
The cancellation of claim 2 has addressed the 112(b) rejection previously submitted and the claim rejection set forth in the previous office action pertaining to the claim is withdrawn.
Please see the new rejection set forth in the present action in light of limitations now required within the presently filed claims.
Response to Arguments
35 USC 103 Claim Rejections: Applicant’s arguments with respect to claims 1-10 have been considered.
In response to applicant’s argument that the reference fails to show all the features of the claimed invention, it is noted element in the amended and presently filed claims have yet to be examined.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation: “which the pressure flow path opens at an election port”; should read “which the pressure flow path opens at an .
Appropriate correction is required.
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.
Claims 1 & 6 and their respective dependent claims are 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 1, the term “near” in limitations “a base end near which a discharge port” and “outside the pipe and near the discharge port” is a relative term which renders the claim indefinite. The term “near” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 6, the phrase “in a way slidable to each other at an acute angle measured clockwise from the battery to the extension of the central axis” is duplicated, as best understood by the examiner.
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.
Claims 1-6, 9 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hentzschel (EP 0813838) in view of the specification of Hentzschel, and in further view of Oohama (US 6735813 B2) and Kodato et al. (US 9970445 B2).
Regarding claim 1, Hentzschel discloses a handheld electric vacuum (element 1, fig. 1) configured to perform sucking work, comprising:
a pipe (element 2, fig. 1) having a longitudinal length extending along a central axis (see annotated fig. 1 below), wherein the pipe includes a suction port (element 3, fig. 1) at one end of the longitudinal length that constitutes a front end (element 3, 14, 16, fig. 1; note, front end defined by suction port (element 3), injector nozzle (element 14), and outlet opening (element 16) of front portion of vacuum) of handheld electric vacuum, and the other end of the longitudinal length constitutes a base end (element 4, 10, 12, 17 fig. 1; note, base end defined by rear area (element 4), pivotable locking flap or closure flap (element 10), and end edge of the closure flap (element 12), wherein, when the closure flap is raised, the area drawn into the rear area is diverted out of the discharge port) near which a discharge port (element 6, 7, fig. 1) is formed in the pipe;
a blower fan (element 19, fig. 1) provided in a blower fan casing (element 21, fig. 1; para. [0016]; “fan chamber designated by 21”) outside the pipe and driven by an electric motor (element 20, fig. 1);
a pressure flow path (element 13, 15, fig. 1; para. [0021-23]; note, in the three arrangements disclosed, the vacuum achieves suction by “injector suction” (fig. 2) or by “throughput suction” (fig. 4) or the vacuum may operate as a “blower” (fig. 5), see previous Office Action para. [0012]) extending separately from the pipe along the central axis on an upper side (element 15, fig. 1; note, primary air duct (element 13) resides along lower side of transport pipe (element 2) and blown air channel (element 15) resides along upper side of transport pipe) of the pipe from the base end through the front end, wherein the pressure flow path guides pressurized wind generated by the blower fan to the front end (element 16, fig. 1; para. [0023]; “from whose outlet opening 16 this blown air now emerges”), at which the pressure flow path opens at an ejection port (element 16, fig. 1);
a handle (element 31, fig. 1) provided outside the pipe and near the discharge port of the pipe; and
a power supply (see annotated fig. 1) configured to supply electricity to the electric motor, wherein:
the pipe terminates at the base end with a bending portion (element 10, fig. 1; para. [0020]; note, “flap 10 deflects this airflow in the direction of arrows 38 to the air outlet nozzle 7”) inclined across the central axis at an obtuse angle measured clockwise from the bending portion to the central axis (see annotated fig. 2 (a) below);
the blower fan is provided on a rear side of the bending portion (see annotated fig. 1);
the handle includes an upper portion, a lower portion and an opposing portion (see annotated fig. 2 (a)) that connects the lower portion and the upper portion so that the upper portion, the opposing portion, the lower portion and the blower fan casing are connected in series to collectively form a space (see annotated fig. 2 (a)) surrounded by them, wherein the opposing portion is positioned across the central axis opposite to the bending portion and inclined at an acute angle measured clockwise from the opposing portion to the central axis (see annotated fig. 2 (a)); and
the power supply is attached to a rear side of the opposing portion (see annotated fig. 2 (b) below);
further wherein the blower fan and the power supply are both aligned on an extension of the central axis in such a manner that the blower fan crosses perpendicular to the extension of the central axis measured clockwise from the blower fan to the extension of the central axis (see annotated fig. 2 (a)), and the power supply crosses the extension of the central axis at an acute angle measured clockwise from the battery to the extension of the central axis (see annotated fig. 2 (a)).
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Hentzschel discloses the aforementioned limitations of claim 1, but fails to teach:
wherein the ejection port is configured to turn the pressurized wind into the front end of the pipe;
the power supply is a battery;
the blower fan is inclined in parallel to the bending portion; and
wherein the blower fan crosses the extension of the central axis at an obtuse angle measured clockwise from the blower fan to the extension of the central axis.
However, Hentzschel teaches
wherein an ejection port (element 14, fig. 1) is configured to turn the pressurized wind into the front end of the pipe (para. [0018]);
Hentzschel teaches the bending portion transitioning the length of the transport pipe from a horizontal direction to a vertical direction, wherein the blower fan is located in a vertical orientation, at least partially aligned with the bending portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handheld electric vacuum of Hentzschel by reversing the location of the outlet opening (element 16) and the injector nozzle (element 14), to provide the injector nozzle on the upper side of the pipe. One of ordinary skill in the art would understand that wherein Hentzschel discloses the two nozzles, one of ordinary skill in the art could readily reverse the location of the two parts, see MPEP 2144.06(VI).
Henztschel modified teaches the aforementioned limitations of claim 1 but fails to teach:
the power supply is a battery;
the blower fan is inclined in parallel to the bending portion; and
wherein the blower fan crosses the extension of the central axis at an obtuse angle measured clockwise from the blower fan to the extension of the central axis.
Oohama teaches a handheld electric vacuum (element 1, fig. 2),
a blower fan (element 8, fig. 4) is inclined in parallel to a bending portion (element 15, 16, fig. 4; see annotated fig. 4 below); and
wherein the blower fan crosses the extension of the central axis at an obtuse angle measured clockwise from the blower fan to the extension of the central axis (see annotated fig. 4).
Oohama teaches the blower fan (element 8) is disposed with its front face facing diagonally upward, forming a vacuum pathway (element 15) and blower pathway (element 16) at the front of the blower fan (col. 3, line 39-49). Oohama teaches further that this inclination of the blower fan forms a continuous “fluid communication” between the two pathways (col. 3, line 50-63). Oohama teaches that the handle geometry can be used to carry or grasp the vacuum (col. 3, line 15-24)
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Oohama teaches angling blower fan parallel to flow path/bending portion, ordinary skill could appreciate angling fan of Hentzschel parallel to bending portion, which would have an obtuse angle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handheld electric vacuum of Hentzschel modified by incorporating the angled blower fan of Oohama. One of ordinary skill in the art would appreciate that Hentzschel teaches an angled bending portion and a pressure flow path external to the transport pipe. One of ordinary skill in the art would further appreciate the benefits taught by Oohama in providing the fan inclined to provide continuous fluid communication. One of ordinary skill in the art would be able to combine the bending portion of Hentzschel and the angled blower fan of Oohama to provide the claimed limitation.
Henztschel modified teaches the aforementioned limitations of claim 1 but fails to teach:
the power supply is a battery;
Kodato teaches a handheld electric blower. Kodato is considered to be analogous art to the claim invention because both Kodato and the claimed invention are handheld electric tools used for cleaning and removal of dust (col. 1, line 5-21). Both devices teach similar structural components.
Kodato teaches a handheld electric blower (no element # given, fig. 1), comprising a pipe (element 9, fig. 1), a blower fan (element 2, fig. 1), and a handle (element 3a, fig. 1),
wherein, the power supply is a battery (element 7, fig. 1).
Kodato teaches a cordless tool, which utilizes a battery to power the motor. Kodato teaches the benefit of portable in a battery-operated tool (col. 1, line 5-21)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handheld electric vacuum of Hentzschel modified by incorporating the battery of Kodato into the handheld electric vacuum. One of ordinary skill in the art would appreciate the improvement in functionality and portability of a handheld tool not tethered by an electric cord.
Regarding claim 3 Hentzschel modified teaches the limitations of claim 1 and further teaches:
wherein the upper portion of the handle and the pressure flow path are continuously formed.
Hentzschel teaches a straight-line shape which includes the upper portion of the handle and the housing, and an upper wall of the pressure flow path (see annotated fig. 2 (b) below). The continuity of the handle and the pressure flow path is interrupted by the portion of the housing to accommodate gear drive (element 23).
Oohama teaches a handle that wraps over top and around the back of the flow path (see annotated fig. 4), the handle and flow path sharing structural walls and thereby being continuous. Oohama teaches that the handle geometry can be used to carry or grasp the vacuum (col. 3, line 15-24). Oohama also demonstrates in figures, that the front, upper portion of the handle extends over top (see annotated fig. 4) of a switching mechanism (element 2, 3, fig. 6-8; col. 5, line 39-49) for the blowing/suction function and the handle is shaped in a way so as to accommodate the mechanism.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld electric vacuum of Hentzschel modified by incorporating the continuous handle and pressure flow path of Oohama. One of ordinary skill in the art would appreciate that the handle of Hentzschel modified could be modified to extend over and beyond the gear to be continuous with the flow path, in a way that permits both carrying the vacuum and grasping the vacuum during use, via the handle.
Regarding claim 4, Hentzschel modified teaches the limitations of claim 3 and further teaches:
wherein the upper portion of the handle and the pressure flow path are continuously formed in a straight line shape along the axis (see annotated fig. 2 (b)).
Regarding claim 5 Hentzschel modified teaches the limitations of claim 4 and further teaches:
wherein the upper portion of the handle includes a curved portion projecting upward (see annotated fig. 2 (b)), and a front end of the curved portion of the upper portion of the handle and the pressure flow path are continuously formed in a straight line shape along the axis (see annotated fig. 2 (b)).
Regarding claim 6 Hentzschel modified teaches the limitations of claim 1 but fails to explicitly teach:
wherein the battery is attached to the opposing portion of the handle in a way slidable to each other at an acute angle measured clockwise from the battery to the extension of the central axis.
Kodato teaches a handheld electric blower (no element # given, fig. 1),
wherein the battery is attached to the opposing portion of the handle in a way slidable to each other at an acute angle measured clockwise from the battery to the extension of the central axis (see Kodato annotated fig. 1 below).
Hentzschel modified teaches a power source attaching to the lower side of the handle along a surface with an inclination opposite to an inclination of the blower fan (see annotated fig. 2 (b)).
Kodato teaches a battery attached to the lower side of the handle along an inclined surface. The battery is releasably attached to the vacuum body by sliding the battery from an upper side to a lower side along an inclination (see annotated fig. 1).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provide the handheld electric vacuum of Hentzschel modified with a battery which attaches by sliding from an upper side to a lower side of the handle. One of ordinary skill in the art would appreciate that the attachment mechanism taught by Kodato provides a securing mounting point which allows for easy attachment of the battery and prevents accidental disengagement of the battery.
Regarding claim 7 Hentzschel modified teaches the limitations of claim 1, but fails to explicitly teach:
further comprising a control board of the blower fan housed in the lower portion of the handle.
Kodato teaches a handheld electric blower (no element # given, fig. 1),
further comprising a control board of the blower fan housed in the lower portion of the handle.
Kodato teaches a switching board (element 44) electrically connect to the blower motor, housed in a lower portion of the handle, consistent with applicant’s drawings (see annotated fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the handheld electric vacuum of Hentzschel by incorporating the control board of Kodato. One of ordinary skill in the art would appreciate a control board would improve functionality by providing protection for the motor and the possibility for electronically switching between vacuum or blower modes.
Regarding claim 8 Hentzschel modified teaches the limitations of claim 1 and further teaches:
further comprising an operating member provided in the upper portion of the handle (see annotated fig. 2 (b)).
Hentzschel modified teaches the aforementioned limitations of claim 8, but fails to explicitly teach:
wherein the control member being configured to adjust a rotating speed of the electric motor of the blower fan.
Hentzschel modified teaches a paddle-style trigger switch in the upper portion of the handle.
Kodato teaches a handheld electric blower (no element # given, fig. 1),
wherein the control member being configured to adjust a rotating speed of the electric motor of the blower fan.
Kodato teaches a speed control trigger switch (element 5) in the upper portion of the handle and a control board, wherein the trigger in combination with the control board adjust the rotating speed of the electric motor (col. 3, line 15-43).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the trigger switch of Hentzschel modified by incorporating the speed control trigger switch of Kodato. One of ordinary skill in the art would appreciate the improved functionality in a speed control trigger switch to vary the motor speed thereby increasing or decreasing vacuum suction or blower pressure.
Claims 9 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hentzschel modified, in view of Oohama and Kodato, as applied to claim 1, in further view of Dupoyet (FR 2300535 A).
Regarding claim 9 Hentzschel modified teaches the limitations of claim 1 but fails to teach:
further comprising a connecting wall extending along the pipe and connecting the pressure flow path and the pipe, wherein the connecting wall includes a through-hole that allows a portion of the pressure flow path to function as a sub-handle.
Hentzschel modified teaches an area between the pressure flow path and the pipe, but it is unclear whether this area comprising a solid area of the housing, or whether this is a void in the housing (see annotated fig. 2 (b)).
As taught in claim 1, Oohama teaches that the handle geometry can be used to carry or grasp the vacuum (col. 3, line 15-24).
Dupoyet teaches a handheld electric vacuum (no element # given, fig. 1),
further comprising a connecting wall (see annotated fig. 1 below) extending along the pipe (element 4, fig. 1) and connecting the pressure flow path (element 16, fig. 1) and the pipe, wherein the connecting wall includes a through-hole that allows a portion of the pressure flow path to function as a sub-handle (see annotated fig. 1).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connecting wall between the pressure flow path and the pipe of the handheld electric vacuum of Hentzschel modified by incorporating the through-hole of the vacuum of Dupoyet. One of ordinary skill would capable of using either of the pipes and the through-hole of Dupoyet as sub-handles to better grasp the vacuum. Further, the one of ordinary skill in the art would appreciate that a through-hole could be incorporated into Hentzschel modified without interfering with the existing structures, and that such a through-hole would provide an additional handle to maneuver the vacuum during use.
Regarding claim 10 Hentzschel modified teaches the limitations of claim 9 and further teaches:
wherein the pressure flow path extends separately from the pipe on the upper side of the pipe from the base end through the front end (see annotated fig. 1) in such a manner that a distance between the pressure flow path and the pipe becomes shorter as going from the base end through the front end (see annotated fig. 1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEEGAN THOMAS MARTIN whose telephone number is (571)272-7452. The examiner can normally be reached M-F 7:30 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEEGAN T MARTIN/Patent Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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