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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Claim 13 requires the hand grip is spaced from and unconnected to the handheld unit in the upright mode. However, all of the drawings show hand grip 18 connected to the handheld unit 12. Therefore, the hand grip unconnected to the handheld unit must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 18 requires a second inlet in fluid communication with the collection container. Therefore, the second inlet must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 13 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 13 recites the hand grip is spaced from and unconnected to the handheld unit in the upright mode. However, while the disclosure seems to teach the hand grip is spaced from the handheld unit, it appears the hand grip is still connected to the handheld unit both electrically or structurally. The scope of the claim language includes the hand grip completely detached from the handheld unit. Therefore, the claimed subject matter of claim 13 is not described in the specification in a way that reasonably convey one of ordinary skill in the art that Applicant had possession of the claimed invention. For purposes of this examination, claim 13 is interpreted to have the hand grip spaced from the upright mode while being connected to the handheld unit.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yabuki (Japanese Patent Document JP 6435204 B2).
As per claim 1, Yabuki discloses a surface cleaning apparatus comprising: a surface cleaning head (3; figure 1); a handheld unit (1) comprising a power source (60; figure 3) and a wand pocket (13); and a wand (20) coupled with the handheld unit (as shown; figures 1, 3), the wand comprising a hand grip (30) at one end thereof and configured to be retracted into the wand pocket (as shown; figure 2); wherein the surface cleaning apparatus is convertible to one of: an upright mode, where the wand is extendible from the handheld unit and the handheld unit is coupleable to the surface cleaning head to convert the surface cleaning apparatus to the upright mode (as shown; figure 1); and a handheld mode, where the wand is retractable into the wand pocket on the handheld unit and the handheld unit is detachable from the surface cleaning head to convert the surface cleaning apparatus to the handheld mode (as shown; figure 2).
As per claim 2, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses wherein the power source comprises a battery (60) electrically connected to at least one electrical component in the handheld unit, and wherein the battery supplies power to at least one electrical component in the surface cleaning head in the upright mode (electric power is supplied from battery 60 to blower 40; paragraph [0158]).
As per claim 3, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses a user interface (31a; figure 1) on the hand grip (30) and an electrical conductor (lead wire 39; figure 10) within the wand (lead wire 39 extends in pipe 20; figure 10), the electrical conductor electrically coupling the user interface on the hand grip with the power source (lead wire 39 connected to operating buttons 31a, 31b and main body substrate 50 (main control board connected to the motor and the battery); paragraph [0070]).
As per claim 4, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses an accessory tool (4; figure 2), wherein the accessory tool is configured to be coupled directly to the handheld unit without the surface cleaning head (as shown; figure 2).
As per claim 5, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses wherein the wand comprises a telescoping tubular assembly including: an inner tube (20; figure 4); and an outer tube (13) that slides along an outer surface of the inner tube (telescopic pipe 20 is telescopically supported in pipe case portion 13; paragraph [0019]; figure 3).
As per claim 6, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses a grip latch adapted to releasably latch the hand grip to the handheld unit and prevent extension of the wand from the wand pocket (via pipe lock mechanism 24; figures 5, 6; paragraph [0053]).
As per claim 7, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses wherein the hand grip comprises a first end (at rotation mechanism 33; figure 1) connected with the wand and a second end, wherein the second end engages with the handheld unit in the handheld mode (front end (second end) of handle 30 clamped to handle clamp 25 of main body part 10; paragraph [0041]).
As per claim 8, Yabuki discloses the surface cleaning apparatus of claim 7, and further discloses wherein the second end comprises a latch for connection to the handheld unit (handle clamp 25 (latch) clamping rotary handle 30; paragraph [0041]).
As per claim 9, Yabuki discloses the surface cleaning apparatus of claim 7, and further discloses wherein the hand grip and handheld unit form a closed loop handle in the handheld mode (as shown; figure 2).
As per claim 10, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses wherein the hand grip extends forwardly from the wand (as shown; figure 2).
As per claim 11, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses wherein the hand grip extends: forwardly from an upper end of the wand and downwardly in front of the upper end of the wand (rotary handle 30 has a portion that extends forward of pipe 20 and downward thereon; figure 3); and/or over at least one of a rear portion and a top portion of the handheld unit in the handheld mode (rotary handle 30 extends downwardly on the upper portion (top portion) of main body 1 when in the handheld mode; figure 2).
As per claim 12, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses wherein the hand grip (30) comprises a user interface comprising at least one user input control (buttons 31a; figure 1).
As per claim 13, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses wherein: the hand grip is spaced from and connected to the handheld unit in the upright mode (as shown; figure 1); and the hand grip is connected to the handheld unit in the handheld mode (as shown; figure 2).
As per claim 14, Yabuki discloses the surface cleaning apparatus of claim 1, and further discloses wherein the surface cleaning head comprises a base (3a; figure 41) adapted to move over a surface to be cleaned and a unit receiver (3b) adapted to support the handheld unit in the upright mode (as shown; figures 39-40).
As per claim 15, Yabuki discloses the surface cleaning apparatus of claim 14, and further discloses wherein the surface cleaning head comprises a spine adapted to support at least a rear side of the handheld unit when mounted to the surface cleaning head (second connection pipe 3h (spine) shown to support the entire vacuum cleaner 100 including the rear portion as shown; figure 42).
As per claim 16, Yabuki discloses the surface cleaning apparatus of claim 14, and further discloses wherein the base comprises at least one of: a brushroll (first and second rotary cleaning elements 3c and 3d; paragraph [0205]) and a brush motor (first rotary cleaning element 3c rotates by the driving force of a motor; paragraph [0205]), and the unit receiver (3b) comprises an electrical connector (3j; figure 41) to supply power from the power source in the handheld unit to the brush motor (power supply terminal 3j to supply power from storage battery 60; paragraph [0209]); and a joint coupling the base to the unit receiver for movement about at least a one axis of rotation (suction port joint 3b (unit receiver) has a connecting pipe 3g connected rotatably to the suction mouth case 3a (base unit); paragraph [0206]).
As per claim 18, Yabuki discloses a surface cleaning apparatus comprising: a surface cleaning head (3; figure 1) having a first inlet (opening formed on the lower surface of mouthpiece casing 3a; paragraph [0204]; figure 41); a handheld vacuum unit (1; figure 3) comprising a suction source comprising a vacuum motor (blower 40), a collection container (2) in fluid communication with the suction source (as shown; figures 3, 32), a second inlet in fluid communication with the collection container (inlet of dust collector 149; figure 14), a power source (60), and a wand pocket (13); and a wand (20) coupled with the handheld unit (as shown; figures 1, 3), the wand comprising a hand grip (30) at one end thereof and configured to be retracted into the wand pocket (as shown; figure 2); wherein the surface cleaning apparatus is convertible to one of: an upright mode, where the wand is extendible from the handheld unit and the handheld unit is coupleable to the surface cleaning head to convert the surface cleaning apparatus to the upright mode (as shown; figure 1); and a handheld mode, where the wand is retractable into the wand pocket on the handheld unit and the handheld unit is detachable from the surface cleaning head to convert the surface cleaning apparatus to the handheld mode (as shown; figure 2).
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) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yabuki.
As per claim 19, Yabuki discloses the surface cleaning apparatus of claim 18. Yabuki does not explicitly teach wherein the wand pocket is disposed rearwardly of the vacuum motor and the collection container because Yabuki’s wand pocket is disposed forward of the vacuum motor and the collection container. The only difference between the claimed invention and the prior art is the arrangement of the wand pocket in relation to the vacuum motor and the collection container. However, rearranging the wand pocket to be rearward of the vacuum motor and the collection container would only require routine skill in the art as it would be an obvious matter of design choice (see MPEP 2144.04 VI. C. Rearrangement of Parts) and would have minimal impact on the functionality. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to rearrange Yabuki’s wand pocket to be rearward of the vacuum motor and the collection container as a matter of design choice.
As per claim 20, Yabuki discloses the surface cleaning apparatus of claim 19, and further discloses wherein a portion of the hand grip extends over at least one of the vacuum motor and the collection container in the handheld mode (as shown; figure 2).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yabuki in view of Bosses (U.S. Pre-Grant Publication No. 2014/0352105).
As per claim 17, Yabuki discloses the surface cleaning apparatus of claim 14, and further discloses the handheld unit comprises a second tool mount and a second accessory tool adapted to be connected to the second tool mount (rotatable brush 80 mounted on mount 81a of main body 1; figures 49, 50), wherein the second accessory tool is carriable on the handheld unit in the upright and handheld modes (as shown; figures 42, 47).
Yabuki does not explicitly teach the base comprises a first tool mount rearward of the unit receiver and a first accessory tool adapted to be connected to the first tool mount, wherein the first accessory tool is disposed rearward of the handheld unit in the upright mode.
Bosses (U.S. Pre-Grant Publication No. 2014/0352105) is a related prior art in that it deals with a vacuum cleaner. Bosses teaches a base comprising a first tool mount rearward of the unit receiver and a first accessory tool adapted to be connected to the first tool mount, wherein the first accessory tool is disposed rearward of the handheld unit in the upright mode (see annotated figure 9 below).
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Bosses teaches the platform provide storage for accessory tools separate from the main body of the vacuum cleaner, thereby decrease in weight and increase in the mobility of the upright vacuum when used separately. Bosses further teaches the platform provides a larger footprint such that the vacuum cleaner is significantly less likely to tip over during use and provide added maneuverability and functionality to the upright vacuum such that it operates in a manner similar to a canister vacuum cleaner (paragraph [0034]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Yabuki’s base to incorporate Yabuki’s platform that has a tool mount at the rear end (i.e., rear to the unit receiver and the vacuum main body) to allow storage of accessory tools and increase maneuverability (Yabuki, paragraph [0034]). It should be noted that since Bosses’ platform teaches the storage for the accessory tools at the very rear end and rear to the main body of the vacuum unit, such modification would have the tool mount rearward of both the unit receiver and the handheld unit (main body of the vacuum cleaner).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Reimer (U.S. Patent No. 10,080,471) teaches a portable vacuum cleaner having a collapsible wand and interchangeable nozzle head.
Conrad (U.S. Patent No. 10,165,914) teaches a portable vacuum cleaner having a collapsible wand and interchangeable nozzle head.
Ford (U.S. Patent No. 10,918,248) teaches a vacuum cleaner having a wand rearward of the main body.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG K KIM whose telephone number is (571)272-1324. The examiner can normally be reached Monday - Friday 8:30 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at (571)270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SANG K KIM/Primary Examiner, Art Unit 3745