Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species V in the reply filed on 02/15/2024 is acknowledged.
With respect to applicants’ arguments with respect to Species V additionally including Figs 87 and 88 are persuasive as 344a is being interpreted to be comprised of 330a and 330b and 344b are comprised of 332a and 332b similar to Fig. 84
Claims 1-20 are included in the elected Species V.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1) in view of Van de Graaf (Hereinafter Graaf (US 20050161387 A1)), Conrad (US 20110219567 A1), Ford (US 20140041151 A1) and Kasper (US 20140013537 A1).
Regarding Claim 1, Dyson discloses A hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet provided at a front end of the hand vacuum cleaner to a clean air outlet (See Para [0015] “The main body 12 further includes a motor housing 24 having a plurality of exhaust vents 26 formed therein. A flowpath extends from the suction opening 16, through the suction conduit 14, the cyclonic separating apparatus 18 and the motor housing 24 to the exhaust vents 26.”);
(b) a suction motor (36) positioned in the air flow path, the suction motor having a motor axis of rotation (See Fig. 2 of Dyson, Motor 36 has a motor axis parallel to axis Y);
(c) a cyclone (18) positioned in the air flow path (See Above cited para [0015]), the cyclone having a front end (top portion of 18) and a rear end (bottom end of 18) with a cyclone axis of rotation extending between the front and rear ends (Cyclone axis extends in the up down direction of 18);
(d) a handle (28); and,
(e) a filter assembly (44) positionable in the air flow path (See Para [0016] “A post-motor filter 44 is located downstream of the outlet 40. The pre-motor filter 42 and the post-motor filter 44 are located in the flowpath.”), the filter assembly comprising a first assembly portion and a second assembly portion (Vents 26 on either side of the cleaner for a first assembly portion and a second assembly portion),
But does not explicitly disclose,
the first assembly portion comprising a first forward filter comprising a first forward filter media and a first rearward filter comprising a first rearward filter media that is discrete from the first forward filter media, and the second assembly portion comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media, wherein each of the first and second assembly portions is a discrete portion and is removable.
However Van de Graaf (Hereinafter Graff) discloses a filter assembly (20’), the filter assembly comprising a first assembly portion (26a) and a second assembly portion (26b), the first assembly portion comprising a first forward filter (28a) comprising a first forward filter media (28a is a filter element) and a first rearward filter (28b) comprising a first rearward filter media that is discrete from the first forward filter media (See Fig. 4c of Graaf), and the second assembly portion (26b) comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media (See Para [0067] “Although in the embodiment of FIGS. 4a and 4b only one filter element 28 is shown in the front wall 26b of the filter device 20, there could also be a further filter element provided in the rear wall 26a of the device or even a plurality of filter elements may be provided.” Discussing the filter elements being provided on the wall 26a), wherein each of the first and second assembly portions is a discrete portion and is removable (See Para [0074] discussing how the parts 26a and 26b are discrete portions attached to each other, suggesting removable methods of attachment such as clipping and or clicking together, as long as the resultant connection is stable).
Ford discloses a cleaner with a plurality of post motor filters (15, See Fig. 2b).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter assembly of Dyson to be comprised of a plurality of filters as splitting one filter into a plurality of filters would be a matter of duplication of parts which has been held to have no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Conrad discloses a cleaner with a removable and replaceable filter assembly (176, See Para [0055] “Referring to FIG. 4, when the filtration member housing 120 is lifted off of the suction motor housing 122, the pre-motor filter 176 is exposed, and may be removed, replaced, or cleaned.”).
And Kasper discloses a cleaner with a removable or hinged cover that can be mounted over a filter housing (See Para [0043] “The pre-motor filter housing 156 is configured to receive an air permeable pre-motor filter assembly 158. Optionally, a hinged or removable perforated cover (not shown) can be mounted over the top of the pre-motor filter housing 156 to protect the filter assembly therein from damage while still passing working air through the perforations.”)
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor filter assembly of Dyson such that the first assembly portion comprising a first forward filter comprising a first forward filter media and a first rearward filter comprising a first rearward filter media that is discrete from the first forward filter media, and the second assembly portion comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media, wherein each of the first and second assembly portions is a discrete portion and is removable. As doing so would allow for individual filters to be removed and cleaned and or replaced as necessary as suggested by Conrad and to optimize the flow rate and air flow velocity through out the cleaner and filter assembly as suggested by Graff in Para [0076].
And it would be further obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the vent portions of Dyson as modified to be a hinged door as advantageously suggest by Kasper as doing so would allow for the filter to be removed and replaced while also being protected via the vents.
Regarding Claim 2, Dyson as modified discloses all the limitations of claim 1 and in addition disclose wherein the first and second assembly portions are separately removeable (As modified in claim 1, first and second assembly portions are separately removable, See Para [0074] of Graff and Para [0055] of Conrad).
Regarding Claim 3, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first and second assembly portions are concurrently removeable (As modified in claim 1, first and second assembly portions are concurrently removable, See Para [0074] of Graff and Para [0055] of Conrad).
Regarding Claim 4, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first assembly portion removes in a different direction to the second assembly portion (as modified in claim 1 wherein the first assembly portion removes in a different direction to the second assembly portion, see vents 26 on either side of Dyson, which are arranged in radial directions relative to the motor axis, modifying this structure to have a removable forward and rearward filter similar to that of Graff and Kasper would result in the filters being removable in a different directions).
Regarding Claim 5, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first and second assembly portions are radially removeable (as modified in claim 1 wherein the first assembly portion removes in a different direction to the second assembly portion, see vents 26 on either side of Dyson, which are arranged in radial directions relative to the motor axis, modifying this structure to have a removable forward and rearward filter similar to that of Graff and Kasper would result in the filters being removable radially).
Regarding Claim 6, Dyson as modified discloses all the limitations of claim 1, but does not explicitly disclose wherein the first and second assembly portions are removeable in an axial direction.
However, Graff discloses that the filter assembly (20’) has a housing (24) has a means for sealing and removably connecting the filter assembly to a fluid duct (See Para [0067] “Preferably, the housing 24 is provided with means adapted for sealingly and removably connecting the filter device to the fluid duct.”), and additionally discloses an opening (30) axially aligned with said fluid duct (22, see Figs 2a and 2b) when attached.
Conrad discloses that its filter assembly (176) may be removed in an axial direction relative to the motor axis (190, See Fig. 2 showing motor axis and Fig. 4 showing 176 being removed in the axial direction).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter assembly of Dyson as modified to be removable in an axial direction, as doing so would allow for easy removal of the entire filter assembly for replacement or cleaning as advantageously described in Graff (See Para [0065]) providing convenient for the operator when replacing the filter.
Regarding Claim 7, Dyson as modified discloses all the limitations of claim 1 and in addition but does not explicitly disclose wherein the first and second assembly portions are removeable in a rearward direction.
Conrad discloses that its filter assembly (176) may be removed in an axial direction relative to the motor axis (190, See Fig. 2 showing motor axis and Fig. 4 showing 176 being removed in the axial direction).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter assembly of Dyson as modified to be removable in a rearward direction, as doing so would be the result of removing the filter in the axial direction, with respect to the motor axis, and as doing so would allow for easy removal of the entire filter assembly for replacement or cleaning as advantageously described in Graff (See Para [0065]) providing convenient for the operator when replacing the filter.
Regarding Claim 8, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first assembly portion is shaped as an annulus sector (See Dyson Fig. 2 showing filter 44 circularly overlying the motor and See Graff body sections 26a and 26b forming half cylinders in Figs. 4b and 4c).
Regarding Claim 9 Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first assembly portion overlies the suction motor (See location of vents 26 (which are modified in claim 1) in Dyson Figs. 2 and 3, which overlie the suction motor).
Regarding Claim 10, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein each of the first and second assembly portions overlie the suction motor (See location of vents 26 (which are modified in claim 1) in Dyson Figs. 2 and 3, which overlie the suction motor).
Regarding Claim 11, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first assembly portion (26 of Dyson, modified in view of 26a of Graaf ) has first and second angularly spaced apart sides that extend generally axially (See flange portion 90a in Fig. 4a of Graaf, allowing the connection of the two shells 26a and 26b), the second assembly portion has first and second angularly spaced apart sides (See flange portion 90b in Fig. 4a of Graaf, allowing the connection of the two shells 26a and 26b) that extend generally axially and the first side of the first assembly portion abuts the second side of the second assembly portion when the filter assembly is positioned in the air flow path (See Fig. 4b and 4c of Graaf showing the assembly portions mated together).
Regarding Claim 12, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first and second assembly portions (vents 26 modified in view of 26a and 26b of Graaf as modified in claim 1) have an outer wall which forms a portion of an outer surface of the hand vacuum cleaner when the filter assembly is positioned in the air flow path (See Figs. 1-3 of Dyson showing 26 forming a portion of the outer wall).
Regarding Claim 13, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first and second assembly portions (26 of Dyson, modified in view of 26a and 26b of Graaf as modified in claim 1) comprise the clean air outlet (See Para [0015] “The main body 12 further includes a motor housing 24 having a plurality of exhaust vents 26 formed therein. A flowpath extends from the suction opening 16, through the suction conduit 14, the cyclonic separating apparatus 18 and the motor housing 24 to the exhaust vents 26.”).
Regarding Claim 14, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the first and second assembly portions (26 of Dyson modified in view of 26a and 26b of Graaf) comprise a rearmost portion of a sidewall of the hand vacuum cleaner (See Fig.1 and Fig. 3 of Dyson).
Regarding Claim 15, Dyson discloses
A hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet provided at a front end of the hand vacuum cleaner to a clean air outlet (See Para [0015] “The main body 12 further includes a motor housing 24 having a plurality of exhaust vents 26 formed therein. A flowpath extends from the suction opening 16, through the suction conduit 14, the cyclonic separating apparatus 18 and the motor housing 24 to the exhaust vents 26.”);
(b) a suction motor (36) positioned in the air flow path, the suction motor having a motor axis of rotation (See Fig. 2 of Dyson, Motor 36 has a motor axis parallel to axis Y);
(c) a cyclone (18) positioned in the air flow path (See Above cited para [0015]), the cyclone having a front end (top portion of 18) and a rear end (bottom end of 18) with a cyclone axis of rotation extending between the front and rear ends (Cyclone axis extends in the up down direction of 18);
(d) a handle (28); and,
(e) a filter assembly (44) positionable in the air flow path (See Para [0016] “A post-motor filter 44 is located downstream of the outlet 40. The pre-motor filter 42 and the post-motor filter 44 are located in the flowpath.”), the filter assembly comprising a first assembly portion and a second assembly portion (Vents 26 on either side of the cleaner for a first assembly portion and a second assembly portion),
But does not explicitly disclose,
the first assembly portion comprising a first forward filter comprising a first forward filter media and a first rearward filter comprising a first rearward filter media that is discrete from the first forward filter media, and the second assembly portion comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media, wherein each of the first and second assembly portions is removable, and wherein the first assembly portion has first and second angularly spaced apart sides that extend generally axially, the second assembly portion has first and second angularly spaced apart sides that extend generally axially and the first side of the first assembly portion abuts the second side of the second assembly portion when the filter assembly is positioned in the air flow path.
However Van de Graaf (Hereinafter Graff) discloses a filter assembly (20’), the filter assembly comprising a first assembly portion (26a) and a second assembly portion (26b), the first assembly portion comprising a first forward filter (28a) comprising a first forward filter media (28a is a filter element) and a first rearward filter (28b) that is discrete from the first forward filter media (See Fig. 4c of Graaf), and the second assembly portion (26b) comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media (See Para [0067] “Although in the embodiment of FIGS. 4a and 4b only one filter element 28 is shown in the front wall 26b of the filter device 20, there could also be a further filter element provided in the rear wall 26a of the device or even a plurality of filter elements may be provided.” Discussing the filter elements being provided on the wall 26a), wherein each of the first and second assembly portions is removable (See Para [0074] discussing how the parts 26a and 26b are discrete portions attached to each other, suggesting removable methods of attachment such as clipping and or clicking together, as long as the resultant connection is stable)
and wherein the first assembly portion (26a) has first and second angularly spaced apart sides that extend generally axially (left and right sides of 26a connected to flange 90a), the second assembly portion has first and second angularly spaced apart sides that extend generally axially (right and left sides of 26b connected to flange 90b) and the first side of the first assembly portion abuts the second side of the second assembly portion when the filter assembly is positioned in the air flow path (See Fig. 4b and 4c) showing the assemblies connect to each other.
Ford discloses a cleaner with a plurality of post motor filters (15, See Fig. 2b).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter assembly of Dyson to be comprised of a plurality of filters as splitting one filter into a plurality of filters would be a matter of duplication of parts which has been held to have no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
And Conrad discloses a cleaner with a removable and replaceable filter assembly (176, See Para [0055] “Referring to FIG. 4, when the filtration member housing 120 is lifted off of the suction motor housing 122, the pre-motor filter 176 is exposed, and may be removed, replaced, or cleaned.”).
And Kasper discloses a cleaner with a removable or hinged cover that can be mounted over a filter housing (See Para [0043] “The pre-motor filter housing 156 is configured to receive an air permeable pre-motor filter assembly 158. Optionally, a hinged or removable perforated cover (not shown) can be mounted over the top of the pre-motor filter housing 156 to protect the filter assembly therein from damage while still passing working air through the perforations.”)
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor filter assembly of Dyson such the first assembly portion comprising a first forward filter comprising a first forward filter media and a first rearward filter comprising a first rearward filter media that is discrete from the first forward filter media, and the second assembly portion comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media, wherein each of the first and second assembly portions is removable, and wherein the first assembly portion has first and second angularly spaced apart sides that extend generally axially, the second assembly portion has first and second angularly spaced apart sides that extend generally axially and the first side of the first assembly portion abuts the second side of the second assembly portion when the filter assembly is positioned in the air flow path. As doing so would allow for individual filters to be removed and cleaned and or replaced as necessary as suggested by Conrad and to optimize the flow rate and air flow velocity throughout the cleaner and filter assembly as suggested by Graff in Para [0076].
And it would be further obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the vent portions of Dyson as modified to be a hinged door as advantageously suggest by Kasper as doing so would allow for the filter to be removed and replaced while also being protected via the vents.
Regarding Claim 16, Dyson as modified discloses all the limitations of claim 15 and in addition discloses wherein the first assembly (26 of Dyson modified in view of 26a of Graaf) portion overlies the suction motor (See Figs 1-3 of Dyson).
Regarding Claim 17, Dyson as modified discloses all the limitations of claim 15 and in addition but does not explicitly disclose wherein the first and second assembly portions are removeable in a rearward direction.
Conrad discloses a that its filter assembly (176) may be removed in an axial direction relative to the motor axis (190, See Fig. 2 showing motor axis and Fig. 4 showing 176 being removed in the axial direction).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter assembly of Dyson as modified to be removable in a rearward direction, as doing so would be the result of removing the filter in the axial direction, with respect to the motor axis, and as doing so would allow for easy removal of the entire filter assembly for replacement or cleaning as advantageously described in Graff (See Para [0065]) providing convenient for the operator when replacing the filter.
Regarding Claim 18, Dyson discloses A hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet provided at a front end of the hand vacuum cleaner to a clean air outlet (See Para [0015] “The main body 12 further includes a motor housing 24 having a plurality of exhaust vents 26 formed therein. A flowpath extends from the suction opening 16, through the suction conduit 14, the cyclonic separating apparatus 18 and the motor housing 24 to the exhaust vents 26.”);
(b) a suction motor (36) positioned in the air flow path, the suction motor having a motor axis of rotation (See Fig. 2 of Dyson, Motor 36 has a motor axis parallel to axis Y);
(c) a cyclone (18) positioned in the air flow path (See Above cited para [0015]), the cyclone having a front end (top portion of 18) and a rear end (bottom end of 18) with a cyclone axis of rotation extending between the front and rear ends (Cyclone axis extends in the up down direction of 18);
(d) a handle (28); and,
(e) a filter (44) assembly positionable in the air flow path (See Para [0016] “A post-motor filter 44 is located downstream of the outlet 40. The pre-motor filter 42 and the post-motor filter 44 are located in the flowpath.”), the filter assembly comprising a first assembly portion (vent 26) and a second assembly portion (See Fig. 1 and 3 showing 2 vents 26).
But does not explicitly disclose the first assembly portion comprising a first forward filter comprising a first forward filter media and a first rearward filter comprising a first rearward filter media that is discrete from the first forward filter media, and the second assembly portion comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media, wherein each of the first and second assembly portions is separately removable.
However Van de Graaf (Hereinafter Graff) discloses a filter assembly (20’), the filter assembly comprising a first assembly portion (26a) and a second assembly portion (26b), the first assembly portion comprising a first forward filter (28a) comprising a first forward filter media (28a is a filter element) and a first rearward filter (28b) that is discrete from the first forward filter media (See Fig. 4c of Graaf), and the second assembly portion (26b) comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media (See Para [0067] “Although in the embodiment of FIGS. 4a and 4b only one filter element 28 is shown in the front wall 26b of the filter device 20, there could also be a further filter element provided in the rear wall 26a of the device or even a plurality of filter elements may be provided.” Discussing the filter elements being provided on the wall 26a), Wherein the first and second assembly portions are removably attached (See Para [0074] discussing how the parts 26a and 26b are discrete portions attached to each other, suggesting removable methods of attachment such as clipping and or clicking together, as long as the resultant connection is stable)
Ford discloses a cleaner with a plurality of post motor filters (15, See Fig. 2b).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter assembly of Dyson to be comprised of a plurality of filters as splitting one filter into a plurality of filters would be a matter of duplication of parts which has been held to have no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
And Conrad discloses a cleaner with a removable and replaceable filter assembly (176, See Para [0055] “Referring to FIG. 4, when the filtration member housing 120 is lifted off of the suction motor housing 122, the pre-motor filter 176 is exposed, and may be removed, replaced, or cleaned.”).
And Kasper discloses a cleaner with a removable or hinged cover that can be mounted over a filter housing (See Para [0043] “The pre-motor filter housing 156 is configured to receive an air permeable pre-motor filter assembly 158. Optionally, a hinged or removable perforated cover (not shown) can be mounted over the top of the pre-motor filter housing 156 to protect the filter assembly therein from damage while still passing working air through the perforations.”)
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor filter assembly of Dyson such the first assembly portion comprising a first forward filter comprising a first forward filter media and a first rearward filter comprising a first rearward filter media that is discrete from the first forward filter media, and the second assembly portion comprising a second forward filter comprising a second forward filter media and a second rearward filter comprising a second rearward filter media that is discrete from the second forward filter media, wherein each of the first and second assembly portions is separately removable. As doing so would allow for individual filters to be removed and cleaned and or replaced as necessary as suggested by Conrad and to optimize the flow rate and air flow velocity throughout the cleaner and filter assembly as suggested by Graff in Para [0076].
And it would be further obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the vent portions of Dyson as modified to be a hinged door as advantageously suggest by Kasper as doing so would allow for the filter to be removed and replaced while also being protected via the vents.
Regarding Claim 19 Dyson as modified discloses all the limitations of claim 18 and in addition discloses wherein the first assembly portion overlies the suction motor (See location of vents 26 (which are modified in claim 1) in Dyson Figs. 2 and 3, which overlie the suction motor).
Regarding Claim 20, Dyson as modified discloses all the limitations of claim 18 and in addition but does not explicitly disclose wherein the first and second assembly portions are removeable in a rearward direction.
Conrad discloses a that its filter assembly (176) may be removed in an axial direction relative to the motor axis (190, See Fig. 2 showing motor axis and Fig. 4 showing 176 being removed in the axial direction).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the filter assembly of Dyson as modified to be removable in a rearward direction, as doing so would be the result of removing the filter in the axial direction, with respect to the motor axis, and as doing so would allow for easy removal of the entire filter assembly for replacement or cleaning as advantageously described in Graff (See Para [0065]) providing convenient for the operator when replacing the filter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler James McFarland whose telephone number is (571)272-7270. The examiner can normally be reached M-F 7:30AM-5PM (E.S.T), Flex First Friday.
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/T.J.M./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
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