DETAILED ACTION
SURFACE CLEANING APPARATUS WITH ENHANCED OPERABILITY
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Response to Amendment
The amendment filed 05-08-2026 has been entered. Claims 1-20 are currently pending and have been examined. The previous rejection has been updated due to applicant’s amendments.
Response to Arguments
Applicant’s arguments filed 05-08-2026, with respect to the
rejection(s) of claim(s) 1, 11 and their dependent claims under 35 U.S.C.103 have been fully considered but are moot because the new ground of rejection (as necessitated by
amendment) relies on a different combination of prior art references, not applied in the
prior rejection of record to teach the new limitations.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-9,11-19 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Oh (US6532620B2) in view of Conrad (US20080209666A1).
Regarding claim 1, Oh teaches
(a)a surface cleaning head (20, figure 1) having a dirty air inlet at a front end (see annotated figure below) thereof and an air outlet rearward (see annotated figure below) thereof wherein a central longitudinal axis extends rearward from the front end;
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(b)an upright section (10, figures 1-3) moveably mounted (col 2 lines 43-55) to the surface cleaning head, the upright section having a clean air outlet (13b, figures 1-3); and,
(c) an air flow passage ( col 2 lines 35- col 4 lines 10)extending between the dirty air inlet and the clean air outlet, wherein the upright section comprises:
(i) a filtration member housing (30, figure 2) comprising a cyclone (32, figures 1-3) and a dirt collection chamber (33, figure 3), the cyclone comprising a cyclone air inlet (36, figures 1-3), a cyclone air outlet (37, figures 1-3) a cyclone axis of rotation that intersects upper and lower axially opposed end walls (see annotated figure below), a cyclone sidewall positioned between the upper and lower opposed end walls which provide an inner surface of the cyclone, and a cyclone dirt outlet (32c, figures 1-3)comprising a slot in the cyclone sidewall that extends circumferentially part way around a perimeter of the cyclone sidewall whereby, in operation, dirt travels radially outwardly of the cyclone sidewall, the upper and lower opposed end walls and the cyclone sidewall defining a cyclone chamber that is positioned within a volume defined by (see figure 3) the upper and lower opposed end walls and the cyclone sidewall, and, when the upright section is in the upright storage position, the dirt collection chamber is positioned radially outside the cyclone sidewall and extends to a location at an elevation lower than a lowermost end of the cyclone, wherein the dirt collection chamber is located exterior to the cyclone chamber and is in communication with the cyclone chamber by the dirt outlet (33, figure 3; col 3 lines 10-col 4 lines 25);
(ii) a suction motor (col 3 lines 1-2, col 4 lines 10-15) disposed in a motor housing (12 figures 1-3) and positioned in the air flow
passage; and
a pre-motor filter (40, figure 3) positionable in the upright section wherein, when the pre-motor filter is positioned in the upright section, the pre-motor filter is disposed in the air flow path between the cyclone chamber and the suction motor, wherein, when the upright surface cleaning apparatus is in the upright storage position, a vertical plane (see annotated figure below) that extends in a direction of the central longitudinal axis, extends through the cyclone chamber, the dirt collection chamber, the pre-motor filter and the suction motor.
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Oh fails to teach surface cleaning head between an upright storage position and an inclined use position.
Conrad teaches a vacuum cleaner (abstract) that includes an upright section (14, figure 1) movable between to upright storage position and an inclined use position (para 0031).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Conrad’s teachings into Oh to include a pivoting connector that allows upright body to incline, based on the teachings of Conrad. This modification would help a user to easily manipulate the cleaning apparatus. (see Conrad para 0032-0044).
Regarding claim 2, modified Oh teaches all limitations stated above, but fails to teach wherein a carry handle is provided on an upper surface of the filtration member housing and the carry handle extends in the direction of the central longitudinal axis.
Conrad teaches a vacuum cleaner (abstract) that includes a carry handle (84, figure 1) is provided on an upper surface of the filtration member housing (46, figure 2) and the carry handle extends in the direction of the central longitudinal axis.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Conrad’s teachings to modify Oh to have a carry handle is provided on an upper surface of the filtration member housing and the carry handle extends in the direction of the central longitudinal axis based on the teachings of Conrad. This modification would help a user lift the filtration member. (see Conrad para 0050)
Regarding claim 3, modified Oh teaches wherein the filtration member housing (see Oh 30, figures 1-3) and the suction motor housing (see Oh 20, figures 1-3) comprise a removable filtration unit (see Oh col 3 lines 60-col 4 lines 65) that is removably connected to a support structure of the upright section (see Oh annotated figure below), suction and filtration unit comprising (see Oh col 2 lines 35-see col 4 col line 5, figure ) the filtration member housing, the suction motor (see Oh discloses “motor”) and a pre-motor filter support (see Oh 43, figure 1), but fails to teach a removable suction unit the upright surface cleaning apparatus is reconfigurable between an upright configuration wherein the suction and filtration unit is provided on the support structure and a second configuration wherein the suction and filtration unit is removed from the support structure, and in the upright configuration the suction and filtration unit is moveable with the support structure between the upright storage position and the inclined use position.
Conclusion
THIS ACTION IS MADE FINAL. 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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Conrad teaches a vacuum cleaner (abstract) that includes a filtration member housing (see Conrad 46,48,52 figures 1-2) and a suction motor housing (see Conrad 66, figures 1 -2) comprise a removable suction and filtration unit (see Conrad 15, figure 2) that is removably connected (see Conrad para 0020) to a support structure (see Conrad 24, figure 3) of the upright section (see Conrad para 0031 0036), the suction and filtration unit comprising the filtration member housing (see Conrad 46,48,52 figures 1-2), the suction motor and a pre-motor filter support (see Conrad 44, figure 2), the upright surface cleaning apparatus is reconfigurable between an upright configuration (see Conrad figure 1) wherein the suction and filtration unit is provided on the support structure and a second configuration (see Conrad figure 3) wherein the suction and filtration unit is removed from the support structure, and in the upright configuration the suction and filtration unit is moveable with the support structure between the upright storage position and the inclined use position ( see Conrad para 0031 “pivoting connector”).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Conrad’s teachings of allowing for the removal of the suction and filtration unit from the support structure in Oh’s cleaning apparatus. This modification would allow apparatus to be used in a above the floor cleaning mode, allow an operator to clean places in high and hard to reach spaces (see Conrad para 0063, 0090).
Regarding claim 4, modified Oh teaches wherein, (see conrad 15, figure 1 and see conrad 32, figure 1), when the suction and filtration unit is connected to the support structure and the upright surface cleaning apparatus is in the upright storage position (see Oh figure 3), a first end of the motor housing (see Oh top of 12, figures 1-3) defines an upper end and forms a portion of the pre-motor filter support (see Oh 43, figures 1-3).
Regarding claim 5, modified Oh teaches wherein the filtration member housing comprises a first end and a second end (see Oh annotated figure below) that is axially spaced apart from the first end along a cyclone axis of rotation (see Oh col 2 lines 30-col 4 lines 55), the second end being a lower end when the suction and filtration unit is connected to the support structure and the upright surface cleaning apparatus is in the upright storage position and the lower end seats on the motor housing (see Oh 20, figures 3).
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Regarding claim 6, modified Oh teaches wherein the filtration member housing (see Oh 30, figure 3) comprises a first end and a second end that is axially spaced apart from the first end along a cyclone axis of rotation(see annotated figure above; col 2 lines 35-col 4 lines 30) and the first is openable (35, figure 2), but fails to teach second end is openable.
Conrad teaches a vacuum cleaner (abstract) that includes wherein the filtration member housing comprises a first end (see Conrad top end of 46, figure 2)and a second end (see Conrad bottom end of 48) that is axially spaced apart from the first end along a cyclone axis of rotation (see Conrad 4b), and each of the first and second ends are openable (see Conrad para 0041).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Conrad teachings of having both the first end and second end of the filtration member housing be openable in Oh’s apparatus. This modification would help with improving maintenance by allowing more access for all components within the filtration member housing to be cleaned. (see Conrad para 0041).
Regarding claim 7, modified Oh teaches the first end closes the cyclone chamber (see Oh area surrounding 30a, figure 3) and the dirt collection chamber (see Oh 33, figure 3) and the second end (see annotated figure above) closes the dirt collection chamber (see Oh 33, figure 3).
Regarding claim 8, modified Oh teaches when the suction and filtration unit is connected to the support structure and the upright surface cleaning apparatus is in the upright storage position, the cyclone chamber comprises an upper end and a lower end that is axially spaced apart (see Oh, annotated figure below) from the upper end along a cyclone axis of rotation, the dirt collection chamber comprises an upper end (see Oh top of 33, figure 3) and a lower end (see Oh bottom of 33, figure 3) that is axially spaced apart from the upper end of the dirt collection chamber along a cyclone axis of rotation (see Oh col 2 lines 35-col 4 lines 20) and the lower end of the dirt collection chamber (see bottom end of 33, figure 3) is axially spaced from the lower end of the cyclone chamber.
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Regarding claim 9, modified Oh teaches when the suction and filtration unit is connected to the support structure (see Oh, figure 3) and the upright surface cleaning apparatus is in the upright storage position, the lower end of the dirt collection chamber (see Oh bottom 33, figure 3) is located lower than the lower end of the cyclone chamber.
Regarding claim 11, Oh teaches
(a) a surface cleaning head (20, figure 1) having a dirty air inlet at a front end thereof and an air outlet rearward (see annotated figure below) thereof wherein a central longitudinal axis extends rearward from the front end;
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(b) an upright section (10, figures 1-3) moveably mounted (col 2 lines 43-55) to the surface cleaning head, the upright section having a clean air outlet (13b, figures 1-3); and,
(c) an air flow passage ( col 2 lines 35- col 4 lines 10) extending between the dirty air inlet and the clean air outlet, wherein the upright section comprises:
(i) a filtration member housing (30, figure 2) comprising a cyclone chamber (32, figures 1-3) in the air flow path and a dirt collection chamber (33, figure 3) exterior to the cyclone chamber and exterior to the air flow path, the cyclone chamber comprising a cyclone air inlet (36, figures 1-3), a cyclone air outlet (37, figures 1-3), a cyclone sidewall (see annotated figure below) that radially bounds an outer side of the cyclone chamber and a cyclone dirt outlet (32c, figures 1-3) in communication with the dirt collection chamber, the cyclone dirt outlet (32c, figures 1-3) comprises a slot in the cyclone sidewall that extends circumferentially part way around a perimeter of the cyclone sidewall (see annotated figure below), the slot connecting a portion of the dirt collection chamber (see 33, figure 3) that is located radially outward from the cyclone chamber in communication with the cyclone chamber, the dirt collection chamber (see 33, figure 3) including the portion located radially outward from the cyclone chamber (see area around 30a, figure 3) and, when the upright section is in the upright storage position, extending to an elevation below a lowermost end of the cyclone chamber;
(ii) a suction motor (col 3 lines 1-2, col 4 lines 10-15) disposed in a motor housing (12 figures 1-3) and positioned in the air flow
passage; and
(iii) a pre-motor filter (40, figure 3) positionable in the upright section wherein, when the pre-motor filter is positioned in the upright section, the pre-motor filter is disposed in the air flow path between the cyclone chamber and the suction motor,
wherein, when the upright surface cleaning apparatus is in the upright storage position, a vertical plane (see annotated figure below) that extends in a direction transverse to the central longitudinal axis, extends through the cyclone chamber, the dirt collection chamber, the pre-motor filter and the suction motor.
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Oh fails to teach surface cleaning head between an upright storage position and an inclined use position.
Conrad teaches a vacuum cleaner (abstract) that includes an upright section (14, figure 1) movable between to upright storage position and an inclined use position (para 0031).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Conrad’s teachings into Oh to include a pivoting connector that allows upright body to incline, based on the teachings of Conrad. This modification would help a user to easily manipulate the cleaning apparatus. (see Conrad para 0032-0044).
Regarding claim 12, modified Oh teaches all limitations stated above, but fails to teach wherein a carry handle is provided on an upper surface of the filtration member housing and the carry handle extends in the direction of the central longitudinal axis.
Conrad teaches a vacuum cleaner (abstract) that includes a carry handle (84, figure 1) is provided on an upper surface of the filtration member housing (46, figure 2) and the carry handle extends in the direction of the central longitudinal axis.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Conrad’s teachings to modify Oh to have a carry handle is provided on an upper surface of the filtration member housing and the carry handle extends in the direction of the central longitudinal axis based on the teachings of Conrad. This modification would help a user lift the filtration member. (see Conrad para 0050)
Regarding claim 13, modified Oh teaches wherein the filtration member housing (see Oh 30, figures 1-3) and the suction motor housing (see Oh 20, figures 1-3) comprise a removable filtration unit (see Oh col 3 lines 60-col 4 lines 65) that is removably connected to a support structure of the upright section (see Oh annotated figure below), suction and filtration unit comprising (see Oh col 2 lines 35-see col 4 col line 5, figure ) the filtration member housing, the suction motor (see Oh discloses “motor”) and a pre-motor filter support (see Oh 43, figure 1), but fails to teach a removable suction unit the upright surface cleaning apparatus is reconfigurable between an upright configuration wherein the suction and filtration unit is provided on the support structure and a second configuration wherein the suction and filtration unit is removed from the support structure, and in the upright configuration the suction and filtration unit is moveable with the support structure between the upright storage position and the inclined use position.
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Conrad teaches a vacuum cleaner (abstract) that includes a filtration member housing (see Conrad 46,48,52 figures 1-2) and a suction motor housing (see Conrad 66, figures 1 -2) comprise a removable suction and filtration unit (see Conrad 15, figure 2) that is removably connected (see Conrad para 0020) to a support structure (see Conrad 24, figure 3) of the upright section (see Conrad para 0031 0036), the suction and filtration unit comprising the filtration member housing (see Conrad 46,48,52 figures 1-2), the suction motor and a pre-motor filter support (see Conrad 44, figure 2), the upright surface cleaning apparatus is reconfigurable between an upright configuration (see Conrad figure 1) wherein the suction and filtration unit is provided on the support structure and a second configuration (see Conrad figure 3) wherein the suction and filtration unit is removed from the support structure, and in the upright configuration the suction and filtration unit is moveable with the support structure between the upright storage position and the inclined use position ( see Conrad para 0031 “pivoting connector”).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Conrad’s teachings of allowing for the removal of the suction and filtration unit from the support structure in Oh’s cleaning apparatus. This modification would allow apparatus to be used in a above the floor cleaning mode, allow an operator to clean places in high and hard to reach spaces (see Conrad para 0063, 0090).
Regarding claim 14, modified Oh teaches wherein, (see conrad 15, figure 1 and see conrad 32, figure 1), when the suction and filtration unit is connected to the support structure and the upright surface cleaning apparatus is in the upright storage position (see Oh figure 3), a first end of the motor housing (see Oh top of 12, figures 1-3) defines an upper end and forms a portion of the pre-motor filter support (see Oh 43, figures 1-3).
Regarding claim 15, modified Oh teaches wherein the filtration member housing comprises a first end and a second end (see Oh annotated figure below) that is axially spaced apart from the first end along a cyclone axis of rotation (see Oh col 2 lines 30-col 4 lines 55), the second end being a lower end when the suction and filtration unit is connected to the support structure and the upright surface cleaning apparatus is in the upright storage position and the lower end seats on the motor housing (see Oh 20, figures 3).
Regarding claim 16, modified Oh teaches wherein the filtration member housing (see Oh 30, figure 3) comprises a first end and a second end that is axially spaced apart from the first end along a cyclone axis of rotation(see annotated figure above; col 2 lines 35-col 4 lines 30) and the first is openable (35, figure 2), but fails to teach second end is openable.
Conrad teaches a vacuum cleaner (abstract) that includes wherein the filtration member housing comprises a first end (see Conrad top end of 46, figure 2)and a second end (see Conrad bottom end of 48) that is axially spaced apart from the first end along a cyclone axis of rotation (see Conrad 4b), and each of the first and second ends are openable (see Conrad para 0041).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Conrad teachings of having both the first end and second end of the filtration member housing be openable in Oh’s apparatus. This modification would help with improving maintenance by allowing more access for all components within the filtration member housing to be cleaned. (see Conrad para 0041).
Regarding claim 17, modified Oh teaches the first end closes the cyclone chamber (see Oh area surrounding 30a, figure 3) and the dirt collection chamber (see Oh 33, figure 3) and the second end (see annotated figure above) closes the dirt collection chamber (see Oh 33, figure 3).
Regarding claim 18, modified Oh teaches when the suction and filtration unit is connected to the support structure and the upright surface cleaning apparatus is in the upright storage position, the cyclone chamber comprises an upper end and a lower end that is axially spaced apart (see Oh, annotated figure below) from the upper end along a cyclone axis of rotation, the dirt collection chamber comprises an upper end (see Oh top of 33, figure 3) and a lower end (see Oh bottom of 33, figure 3) that is axially spaced apart from the upper end of the dirt collection chamber along a cyclone axis of rotation (see Oh col 2 lines 35-col 4 lines 20) and the lower end of the dirt collection chamber (see bottom end of 33, figure 3) is axially spaced from the lower end of the cyclone chamber.
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Regarding claim 19, modified Oh teaches when the suction and filtration unit is connected to the support structure (see Oh, figure 3) and the upright surface cleaning apparatus is in the upright storage position, the lower end of the dirt collection chamber (see Oh bottom 33, figure 3) is located lower than the lower end of the cyclone chamber.
Claims 10 and 20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Oh (US6532620B2) in view of Conrad (US20080209666A1) further in view of Yoo (US7635400B2).
Regarding claims 10 and 20, modified Oh teaches all limitations stated above ,but fails to teach when the suction and filtration unit (see Conrad 15, figures 1-4b see Oh 12 and 30, figures 1-3) is connected to the support structure (see Conrad 24, figures 1, 4a) and the upright surface cleaning apparatus is in the upright storage position, but fails to teach the cyclone air inlet and the air outlet are at a lower end of the cyclone chamber and the cyclone dirt outlet is at an upper end of the cyclone chamber.
Yoo teaches cleaning apparatus that includes a cyclone chamber, and a cyclone air inlet (see Yoo 221, figure 1) and air outlet (see Yoo 291, figure 1) are at a lower end of the cyclone chamber and the cyclone dirt outlet (see Yoo 202, figure 1) is at an upper end of the cyclone chamber.
It would have been obvious to one of ordinary skill in the art at the time the invention was made to incorporate Yoo teachings of including a cyclone air inlet and the air outlet are at a lower end of the cyclone chamber and the cyclone dirt outlet is at an upper end of the cyclone chamber, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI-C)
Conclusion
THIS ACTION IS MADE FINAL. 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 SARAH AKYAA FORDJOUR whose telephone number is (571)272-0390. The examiner can normally be reached Monday - Thursday 9:30am - 5:30pm and Friday 6:00am-3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH AKYAA FORDJOUR/ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723
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