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 .
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.
Election/Restrictions
Claim 16 was previously withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species. As a result of applicant’s amendments to claim 16, it is now directed to the elected species and will be fully examined for patentability under 37 CFR 1.104.
Response to Amendment
This Office action is responsive to both applicant’s response filed 1 June, 2026 and applicant’s supplemental response filed 7 July, 2026.
Claim Objections
Claims 16 and 24 are objected to because of the following informalities:
The limitations of “first-cyclonic stage” and “second stage dirt collection-chamber” in claim 16 are grammatically improper. Consider ––first cyclonic stage–– and ––second stage dirt collection chamber––.
The limitation of “first air treatment stage” in claim 22 is inconsistent with the claim terminology used. Consider ––first cyclonic stage––.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-9, 14-16 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad et al. (US PGPub 2020/0253437, "Conrad '437")1 in view of Conrad (US PGPub 2018/0177356, "Conrad '356").
1. Conrad '437 teaches a hand vacuum cleaner (100) having an upper end (136), a lower end (140), a front end (128), a rear end (132), a hand vacuum cleaner axis extending from the front end to the rear end (see Conrad '437 fig. 1), a handle (112) and first and second laterally opposed sides (see Conrad '437 fig. 1), each laterally opposed side extending in a forward/rearward direction, the hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet (120) to a clean air outlet (124) positioned rearward of the dirty air inlet (Conrad '437 fig. 2 and [0087]);
(b) a suction motor (144) positioned in the air flow path upstream of the clean air outlet (Conrad '437 fig. 3 and [0097]); and,
(c) a first air treatment stage (152) positioned in the air flow path (Conrad '437 fig. 2 and [0098]), the first air treatment stage (152) comprising a first stage air treatment chamber (156) having a first stage air treatment chamber air inlet (160), a first stage air treatment chamber air outlet (164) and a single open contiguous volume (cyclonic chamber 152 is open, see Conrad '437 fig. 2 and [0091]-[0093]); and,
(d) a second cyclonic stage (158) downstream from the first air treatment stage (Conrad '437 [0090] and fig. 2), the second cyclonic stage comprising a second stage cyclone chamber (157) having a second stage axis of rotation (air in second cyclonic stage 158 flows about an axis, see Conrad '437 fig. 2) and a second stage dirt collection region (178, Conrad '437 fig. 2 and [0091]),
wherein the hand vacuum cleaner comprises a stationary portion (108) and an openable portion (208, see Conrad '437 figs. 2-4 and [0103]) wherein, when the hand vacuum cleaner is oriented with the hand vacuum cleaner axis oriented horizontally, the stationary portion comprises an upper portion of the hand vacuum cleaner and the openable portion comprises a lower wall of the first air treatment stage (208 surrounds lower portion of first cyclonic stage 152, see Conrad '437 figs. 2-4) the openable portion is rotatably mounted by a rotatable mount (248) between a closed position in which the first stage air treatment chamber and the second stage dirt collection region are closed (see Conrad '437 fig. 2), and an open position in which a front end of the first stage air treatment chamber is open (see Conrad '437 fig. 4).
Conrad '437 does not teach that the second stage dirt collection region is open when the openable portion is in the open position.
However, Conrad '356 teaches a hand vacuum cleaner (see Conrad '356 figs. 9-15), including two cyclonic stages (130, 132) arranged in series (Conrad '356 [0232] and fig. 12), as well as first (134) and second (136) dirt collection regions (Conrad '356 [0215], [0230], and fig. 12), and an openable portion movable between a closed position and an open position (see Conrad '356 figs. 12-13), wherein when in the open position, both the first stage and second stage dirt collections are open (Conrad '356 fig. 13 and [0288]).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the hand vacuum cleaner of Conrad '437 according to the teachings from Conrad '356 regarding arrangements for emptying dirt collection regions such that when the openable portion was in the open position, the second stage dirt collection region was open, as doing so would make it more convenient to empty the second stage dirt collection region (Conrad '356 [0311]-[0313]).
2. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein, when the hand vacuum cleaner is oriented with the hand vacuum cleaner axis oriented horizontally, the stationary portion comprises an upper portion of the hand vacuum cleaner and the openable portion comprises a lower portion of the hand vacuum cleaner (see Conrad '437 fig. 4).
3. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the rotatable mount is located at a rearward end of the openable portion (hinge 248 is at a rearward end of openable portion 208, see Conrad '437 fig. 4).
4. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the rotatable mount is located at a rearward end of the first air treatment stage (hinge 248 is at a rear end of first air treatment stage 152, see Conrad '437 fig. 3).
5. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the rotatable mount is located axially spaced from a front end at a forward end of the second cyclonic stage (hinge 248 is located ahead of second cyclonic stage 158, see Conrad '437 fig. 3).
6. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the second stage dirt collection region comprises a second stage dirt collection chamber (178) that is in communication with the second stage cyclone chamber by a dirt outlet (air from second cyclone 158 is ejected into 178 via dirt outlet 198, see Conrad '437 [0098] and fig. 2).
7. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the second cyclonic stage comprises a plurality of second stage cyclones (second stage cyclonic stage 158 may include a plurality of cyclones, see Conrad '437 [0090]-[0092]), each second stage cyclone has a cyclone air inlet and a cyclone air outlet wherein the cyclone air outlets are located at a rear end of the second stage cyclones (pictured embodiment has a single cyclone 159 with a cyclone inlet at 162 and an outlet 166 located at a rear end of the cyclone, see Conrad '437 fig. 2; in embodiments with a plurality of cyclones, they would be arranged in parallel, see Conrad '437 [0092]; an arrangement of cyclonic chambers in parallel as taught by Conrad '437 would be expected to preserve the relative positioning of the inlets and outlets).
8. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the second stage cyclone is also opened when the openable portion is in the open position (Conrad '356 teaches that the second stage cyclone 132 is exposed to an outside environment via the second stage dirt collection chamber 136, see Conrad '356 fig. 13; the modification of Conrad '437 to incorporate these teachings would result in a similar structure).
9. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the first stage air treatment chamber air outlet (164) is located in the rear wall of the first stage air treatment chamber (164 is in rear wall 180, see Conrad '437 fig. 2).
14. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the first stage air treatment chamber (156) comprises a first stage dirt collection chamber (176) that is in communication with the first stage air treatment chamber by a first stage dirt outlet (196, see Conrad '437 fig. 2 and [0096]), the second stage dirt collection region (178) comprises a second stage dirt collection chamber (178) that is in communication with the second stage cyclone chamber (157) by a second stage dirt outlet (198, see Conrad '437 fig. 2 and [0098]).
Conrad '437 as modified does not teach that the second stage dirt collection chamber is located in an axially extending central portion of the first stage air treatment chamber.
However, Conrad '356 teaches an air treatment chamber (108, see Conrad '356 figs. 19-20, [0292], and [0300]-[0301]) comprising a first stage air treatment chamber (130) having a first stage dirt collection chamber (134) that is in communication with the first stage air treatment chamber by a first stage dirt outlet (), and,
a second cyclonic stage (132) downstream from the first air treatment stage (), and a second stage dirt collection chamber (136) that is in communication with the second cyclone (132) by a second stage dirt outlet (266, Conrad '356 fig. 19 and [0304]), and
wherein the second stage dirt collection chamber (136) is located radially inwardly of the first stage air treatment chamber dirt collection region (136 is radially inward from 134, see Conrad '356 figs. 18-20 and [0292]) in an axially extending central portion of the first stage air treatment chamber (136 is located in an axially extending central portion of first stage air treatment chamber 130, see Conrad figs. 18-20).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the hand vacuum cleaner of Conrad '437 as modified according to the additional teachings from Conrad '356 regarding arrangements for a second air treatment stage such that the second stage dirt collection chamber is located in an axially extending central portion of the first stage air treatment chamber, as doing so represents the simple substitution of one known configuration for first and second air treatment members for another, the results of such a substitution being predictable to one of ordinary skill in the art.
15. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein the first stage air treatment chamber (156) comprises a first stage dirt collection chamber (176) that is in communication with the first stage air treatment chamber by a first stage dirt outlet (196, see Conrad '437 fig. 2 and [0096]),
and the second stage dirt collection region (178) comprises a second stage dirt collection chamber (178) that is in communication with the second stage cyclone chamber (157) by a second stage dirt outlet (198, see Conrad '437 fig. 2 and [0098]).
Conrad '437 does not teach that the second stage dirt collection chamber is located radially inwardly of the first stage air treatment chamber dirt collection region.
However, Conrad '356 teaches an air treatment chamber (108, see Conrad '356 figs. 19-20, [0292], and [0300]-[0301]) comprising a first stage air treatment chamber (130) having a first stage dirt collection chamber (134) that is in communication with the first stage air treatment chamber by a first stage dirt outlet (), and,
a second cyclonic stage (132) downstream from the first air treatment stage (), and a second stage dirt collection chamber (136) that is in communication with the second cyclone (132) by a second stage dirt outlet (266, Conrad '356 fig. 19 and [0304]), and
wherein the second stage dirt collection chamber (136) is located radially inwardly of the first stage air treatment chamber dirt collection region (136 is radially inward from 134, see Conrad '356 figs. 18-20 and [0292]) in an axially extending central portion of the first stage air treatment chamber (136 is located in an axially extending central portion of first stage air treatment chamber 130, see Conrad figs. 18-20).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the hand vacuum cleaner of Conrad '437 as modified according to the additional teachings from Conrad '356 regarding arrangements for a second air treatment stage such that the second stage dirt collection chamber is located radially inwardly of the first stage air treatment chamber dirt collection region, as doing so represents the simple substitution of one known configuration for first and second air treatment members for another, the results of such a substitution being predictable to one of ordinary skill in the art.
16. Conrad '437 teaches a hand vacuum cleaner (100) having an upper end (136), a lower end (140), a front end (128), a rear end (132), a handle (112), and first and second laterally opposed sides (see Conrad '437 fig. 1), each laterally opposed side extending in a forward/rearward direction, the hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet (120) to a clean air outlet (124) positioned rearward of the dirty air inlet (Conrad '437 fig. 2 and [0087]);
(b) a suction motor (144) positioned in the air flow path upstream of the clean air outlet (Conrad '437 fig. 3 and [0097]); and,
(c) a first cyclonic stage (152) positioned in the air flow path (Conrad '437 fig. 2 and [0098], the first cyclonic stage (152) comprising a first stage cyclone chamber (156) having a first stage cyclone chamber air inlet (160), a first stage cyclone chamber air outlet (164) and a first stage cyclone chamber axis that extends in the forward rearward direction (see Conrad '437 fig. 2 and [0091]-[0093]); and,
(d) a second cyclonic stage (158) downstream from the first cyclonic stage (Conrad '437 [0090] and fig. 2), the second cyclonic stage comprising a second stage cyclone chamber (157) having a second stage axis of rotation (air in second cyclonic stage 158 flows about an axis, see Conrad '437 fig. 2) and a second stage dirt collection chamber that is external to the second stage cyclone chamber (178 is external to 157, see Conrad '437 fig. 2 and [0091]),
wherein the hand vacuum cleaner comprises a stationary portion (108) and an openable portion (208, see Conrad '437 figs. 2-4 and [0103]) wherein, when the hand vacuum cleaner is oriented with the hand vacuum cleaner axis oriented horizontally, the stationary portion comprises an upper portion of the hand vacuum cleaner and the openable portion comprises a lower wall of the first cyclonic stage (208 surrounds lower portion of first cyclonic stage 152, see Conrad '437 figs. 2-4) the openable portion is rotatably mounted by a rotatable mount (248) between a closed position in which the first stage cyclone chamber and the second stage dirt collection region are closed (see Conrad '437 fig. 2), and an open position in which a front end of the first stage cyclone chamber is open (see Conrad '437 fig. 4).
Conrad '437 does not teach that the second stage dirt collection region is open when the openable portion is in the open position.
However, Conrad '356 teaches a hand vacuum cleaner (see Conrad '356 figs. 9-15), including two cyclonic stages (130, 132) arranged in series (Conrad '356 [0232] and fig. 12), as well as first (134) and second (136) dirt collection regions (Conrad '356 [0215], [0230], and fig. 12), and an openable portion movable between a closed position and an open position (see Conrad '356 figs. 12-13), wherein when in the open position, both the first stage and second stage dirt collections are open (Conrad '356 fig. 13 and [0288]).
It would have been obvious for one of ordinary skill in the art before the effective filing date to modify the hand vacuum cleaner of Conrad '437 according to the teachings from Conrad '356 regarding arrangements for emptying dirt collection regions such that when the openable portion was in the open position, the second stage dirt collection region was open, as doing so would make it more convenient to empty the second stage dirt collection region (Conrad '356 [0311]-[0313]).
21. Conrad '437 as modified teaches the hand vacuum cleaner of claim 16 wherein the rotatable mount is located at a rearward end of the openable portion (hinge 248 is at a rearward end of openable portion 208, see Conrad '437 fig. 4).
22. Conrad '437 as modified teaches the hand vacuum cleaner of claim 16 wherein the rotatable mount is located at a rearward end of the first air treatment stage (hinge 248 is at a rear end of first air treatment stage 152, see Conrad '437 fig. 3).
23. Conrad '437 as modified teaches the hand vacuum cleaner of claim 16 wherein the rotatable mount is located at a forward end of the second cyclonic stage (hinge 248 is located at a forward end of second cyclonic stage 158, see Conrad '437 fig. 3).
24. Conrad '437 as modified teaches the hand vacuum cleaner of claim 1 wherein a front end of the single open contiguous volume is opened (front end of 152 is open, see Conrad '437 figs. 2, 4, and 5).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9, 14-16, and 21-24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN R ZAWORSKI whose telephone number is (571)272-7804. The examiner can normally be reached Monday-Thursday 8:00-5:00, Fridays 9:00-1:00.
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.
/J.R.Z./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
1 The present application is a continuation-in-part from Conrad ‘437. Consequently, any claims not supported by the specification and claims of the parent application have an effective filing date equal to the actual filing date of the new application, which is 15 November, 2023. MPEP 2152.01(B). As noted in the rejection below, Conrad ‘437 contains no support for the limitation from independent claims 1 and 16 that the second stage dirt collection region is open when the openable portion is in the open position. Additionally, Conrad ‘437 was published in 2020, which is enough before the filing date for the new application that it qualifies as prior art under 35 U.S.C. §102(a)(1).
Prosecution Insights