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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01-19-2026 has been entered.
Response to Amendment
The amendments filed 01-19-2026 has been entered. Claims 1-20 are currently pending and have been examined. Claims 21-22 have been cancelled. The previous rejection has been updated due to applicant’s amendments.
Response to Arguments
Applicant’s arguments see pages filed 01-19-2026, with respect to the
rejection(s) of claim(s) 1 and 11, and their dependent claims under 35 U.S.C.102 and 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 amendments.
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.
Claim 1-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yoo (US7635400B2) in view of Conrad (US20080209666A1).
Regarding claim 1, Yoo teaches
(a) a surface cleaning head (120, figure 1) having a dirty air inlet (125, figure 1) at a front end thereof and an air outlet rearward thereof wherein a central longitudinal axis extends rearward from the front end (col 4 lines 20-35);
(b) an upright section (110, figure 1) moveably mounted to the surface cleaning head between, the upright section having a clean air outlet (150, figure 1); and,
(c) an air flow passage (col 4 lines 20-45) extending between the dirty air inlet and the clean air outlet, wherein the upright section comprises:
(i) a filtration member housing (200, figure 1) comprising a cyclone (col 4 lines 25-col 6 lines 15) and a dirt collection chamber (205, figure 2), the cyclone comprising a tangential cyclone air inlet (221, figure 2), a cyclone air outlet (291, figure 2), a cyclone axis of rotation (col 4 lines 25-col 6 lines 15) that intersects upper and lower axially opposed end walls (annotated figure 2 below), a cyclone sidewall (see annotated figure 2 below) positioned between the upper and lower opposed end walls which provide an inner surface of the cyclone, and a cyclone dirt outlet (202, figure 2; col 5 lines 1-25) comprising an opening a slot in the cyclone sidewall (figure 2) 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 the upper and lower opposed end walls and the cyclone sidewall, and the dirt collection chamber is positioned radially outside the cyclone sidewall and extends to a location at an elevation lower than the lower end wall 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 (see D1, col 4 lines 55- col 5 lines 60);
(ii) a suction motor (130, figures 1-2) disposed in a motor housing and positioned in the air flow passage (col 6 line 10-18); and
wherein, when the upright surface cleaning apparatus is in the upright storage position, a vertical plane that extends in a direction of the central longitudinal axis, extends through the cyclone chamber, the dirt collection chamber and the suction motor (see annotated figure below).
PNG
media_image1.png
674
732
media_image1.png
Greyscale
PNG
media_image2.png
810
468
media_image2.png
Greyscale
PNG
media_image3.png
728
484
media_image3.png
Greyscale
Yoo fails to teach an upright section movable between to upright storage position and an inclined use position, and a pre-motor filter 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.
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), and a pre-motor filter (62, figure 2) 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 a cyclone chamber and the suction motor, wherein, when the upright surface cleaning apparatus is in the upright storage position, a vertical plane 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 (figures 1-2; para 0022-0047).
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 Yoo to include a pivoting connector that allows upright body to incline, a 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 based on the teachings of Conrad. This modification would help a user easily manipulate the cleaning apparatus and further filter dust and debris from airflow path. (see Conrad para 0032-0044)
Further, modified Yoo teaches when the upright surface cleaning apparatus is in the upright storage position, a vertical plane that extends in a direction transverse to the central longitudinal axis, extends through pre-motor filter (see annotated figure above and see Conrad 62, figure 2).
Regarding claim 2, modified Yoo 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 Yoo 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 Yoo teaches all limitations stated above, but fails to teach wherein the filtration member housing and the suction motor housing comprise a removable suction and filtration unit that is removably connected to a support structure of the upright section, the suction and filtration unit comprising the filtration member housing, the suction motor and a pre-motor filter support, 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.
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 including a support structure, and allowing for the removal of the suction and filtration unit from the support structure. 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 claims 4, Yoo as modified in claim 3 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 (see conrad 15, figure 1 and see conrad 32, figure 1),but fails to teach a first end of the motor housing defines an upper end and forms a portion of the pre-motor filter support.
Conrad teaches a vacuum cleaner (abstract) that includes, a first end of the motor housing (66, figures 1-2) defines an upper end and forms a portion (figure 2) of the pre-motor filter support (44, figure 1) and disclose repositioning the motor so that the motor can be placed in the lower portion (48, figure 2).
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 including a first end of the motor housing defines an upper end and forms a portion of the pre-motor filter support, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI-C)
Regarding claim 5, modified Yoo teaches
wherein the filtration member housing (see Yoo 200, figure 1) comprises a first end and a second end ( see Yoo figure 2) that is axially spaced apart from the first end along a cyclone axis of rotation, 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 (see Conrad, figure 1), but fails to teach the lower end seats on the motor housing.
Conrad does disclose repositioning the motor so that the motor can be placed in the lower portion (48, figure 2).
Based on the teachings of Conrad, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to have modified Yoo so that the lower end seats on the motor housing since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI-C).
Regarding claim 6, modified Yoo teaches all limitations stated above ,but fails to teach wherein the filtration member housing comprises a first end (see Yoo 230, figure 2) and a second end (see Yoo figure 2) that is axially spaced apart from the first end along a cyclone axis of rotation (see Yoo annotated figure 2), but fails to teach each of the first and second ends are 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 Yoo’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 Yoo teaches
the first end (see Conrad 230, figure 2) closes the cyclone chamber and the dirt collection chamber and the second end closes the dirt collection chamber (see yoo bottom 205, figure 2).
Regarding claim 8, modified Yoo teaches
when the suction and filtration unit is connected to the support structure (see Conrad 24, figures 1-2) and the upright surface cleaning apparatus is in the upright storage position (see Yoo, figures 1-3), the cyclone chamber comprises an upper end and a lower end that is axially spaced apart (see Yoo, figures 1-3; annotated figure above) from the upper end along a cyclone axis of rotation, the dirt collection chamber comprises an upper end and a lower end that is axially spaced apart from the upper end of the dirt collection chamber along a cyclone axis of rotation and the lower end of the dirt collection chamber is axially spaced from the lower end of the cyclone chamber (see Yoo, figures 1-3).
Regarding claim 9, modified Yoo teaches
when the suction and filtration unit (see Conrad 15, figure 1) is connected to the support structure (see Conrad 24, figure 1) and the upright surface cleaning apparatus is in the upright storage position (see Conrad, figure 1), the lower end of the dirt collection (see Conrad 50, figure 4b) chamber is located lower than the lower end of the cyclone chamber (see Conrad 42, figures 1-4b).
Regarding claim 10, modified Yoo teaches
when the suction and filtration unit (see Conrad 15, figures 1-4b) is connected to the support structure (see Conrad 24, figures 1, 4a) and the upright surface cleaning apparatus is in the upright storage position, the cyclone air inlet (221, figure 1) and the air outlet (291, figure 1) are at a lower end of the cyclone chamber and the cyclone dirt outlet (202, figure 1) is at an upper end of the cyclone chamber.
Regarding claim 11, Yoo teaches
(a) a surface cleaning head (120, figure 1) having a dirty air inlet (125, figure 1) at a front end thereof and an air outlet rearward thereof wherein a central longitudinal axis extends rearward from the front end (col 4 lines 25-35);
(b) an upright section (110, figure 1) moveably mounted to the surface cleaning head between an upright storage position and an inclined use position, the upright section having a clean air outlet (150, figure 1); and,
(c) an air flow passage (col 4 lines 20-45) extending between the dirty air inlet and the clean air outlet, wherein the upright section comprises:
(i) a filtration member housing (200, figure 1) comprising a cyclone chamber (col 4 lines 25-col 6 lines 15) in the air flow path and a dirt collection chamber (205, figure 2) exterior to the cyclone chamber and exterior to the air flow path, the cyclone chamber comprising a cyclone air inlet (211, figure 2), a cyclone air outlet (291, figure 2), a cyclone sidewall (see annotated figure 2 below) that radially bounds an outer side of the cyclone chamber and a cyclone dirt outlet (202, figure 2) in communication with the dirt collection chamber, the cyclone dirt outlet comprises an opening a slot in the cyclone sidewall (figure 2)that extends circumferentially part way around da perimeter of the cyclone sidewall between a sidewall that radially bounds the cyclone chamber and an upper end wall of the cyclone chamber, the slot opening connecting a portion of the dirt collection chamber that is located radially outward from the cyclone chamber in communication with the cyclone chamber, the dirt collection chamber including the portion located radially outward from the cyclone chamber and extending to an elevation below the cyclone chamber (see D1, col 4 lines 55- col 5 lines 60);
(ii) a suction motor (130, figures 1-2) disposed in a motor housing and positioned in the air flow passage (col 6 lines 10-18); and
(iii) a pre-motor filter 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 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 (see annotated figure below).
PNG
media_image1.png
674
732
media_image1.png
Greyscale
PNG
media_image2.png
810
468
media_image2.png
Greyscale
PNG
media_image3.png
728
484
media_image3.png
Greyscale
Yoo fails to teach an upright section movable between to upright storage position and an inclined use position, and a pre-motor filter 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.
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), and a pre-motor filter (62, figure 2) 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 a cyclone chamber and the suction motor, wherein, when the upright surface cleaning apparatus is in the upright storage position, a vertical plane 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 (figures 1-2; para 0022-0047).
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 Yoo to include a pivoting connector that allows upright body to incline, a 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 based on the teachings of Conrad. This modification would help a user easily manipulate the cleaning apparatus and further filter dust and debris from airflow path. (see Conrad para 0032-0044)
Further, modified Yoo teaches when the upright surface cleaning apparatus is in the upright storage position, a vertical plane that extends in a direction transverse to the central longitudinal axis, extends through pre-motor filter (see Yoo annotated figure above and see Conrad 62, figure 2).
Regarding claim 12, modified Yoo 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 Yoo 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 Yoo teaches all limitations stated above, but fails to teach wherein the filtration member housing and the suction motor housing comprise a removable suction and filtration unit that is removably connected to a support structure of the upright section, the suction and filtration unit comprising the filtration member housing, the suction motor and a pre-motor filter support, 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.
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 including a support structure, and allowing for the removal of the suction and filtration unit from the support structure. 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 claims 14, Yoo as modified in claim 3 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 (see conrad 15, figure 1 and see conrad 32, figure 1),but fails to teach a first end of the motor housing defines an upper end and forms a portion of the pre-motor filter support.
Conrad teaches a vacuum cleaner (abstract) that includes, a first end of the motor housing (66, figures 1-2) defines an upper end and forms a portion (figure 2) of the pre-motor filter support (44, figure 1) and disclose repositioning the motor so that the motor can be placed in the lower portion (48, figure 2).
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 including a first end of the motor housing defines an upper end and forms a portion of the pre-motor filter support, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI-C)
Regarding claim 15, modified Yoo teaches
wherein the filtration member housing (see Yoo 200, figure 1) comprises a first end and a second end ( see Yoo figure 2) that is axially spaced apart from the first end along a cyclone axis of rotation, 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 (see Conrad, figure 1), but fails to teach the lower end seats on the motor housing.
Conrad does disclose repositioning the motor so that the motor can be placed in the lower portion (48, figure 2).
Based on the teachings of Conrad, it would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to have modified Yoo so that the lower end seats on the motor housing since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI-C).
Regarding claim 16, modified Yoo teaches all limitations stated above ,but fails to teach wherein the filtration member housing comprises a first end (see Yoo 230, figure 2) and a second end (see Yoo figure 2) that is axially spaced apart from the first end along a cyclone axis of rotation (see Yoo annotated figure 2), but fails to teach each of the first and second ends are 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 Yoo’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 Yoo teaches
the first end (see Conrad 230, figure 2) closes the cyclone chamber and the dirt collection chamber and the second end closes the dirt collection chamber (see yoo bottom 205, figure 2).
Regarding claim 18, modified Yoo teaches
when the suction and filtration unit is connected to the support structure (see Conrad 24, figures 1-2) and the upright surface cleaning apparatus is in the upright storage position (see Yoo, figures 1-3), the cyclone chamber comprises an upper end and a lower end that is axially spaced apart (see Yoo, figures 1-3; annotated figure above) from the upper end along a cyclone axis of rotation, the dirt collection chamber comprises an upper end and a lower end that is axially spaced apart from the upper end of the dirt collection chamber along a cyclone axis of rotation and the lower end of the dirt collection chamber is axially spaced from the lower end of the cyclone chamber (see Yoo, figures 1-3).
Regarding claim 19, modified Yoo teaches
when the suction and filtration unit (see Conrad 15, figure 1) is connected to the support structure (see Conrad 24, figure 1) and the upright surface cleaning apparatus is in the upright storage position (see Conrad, figure 1), the lower end of the dirt collection (see Conrad 50, figure 4b) chamber is located lower than the lower end of the cyclone chamber (see Conrad 42, figures 1-4b).
Regarding claim 20, modified Yoo teaches
when the suction and filtration unit (see Conrad 15, figures 1-4b) is connected to the support structure (see Conrad 24, figures 1, 4a) and the upright surface cleaning apparatus is in the upright storage position, the cyclone air inlet (see Yoo 221, figure 1) and the 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.
Conclusion
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.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SARAH AKYAA FORDJOUR/ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723