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.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11 September, 2025 has been entered.
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 12-24, 26-29, and 32-34 are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al. (US PGPub 2017/0209011, "Robinson") in view of Muir et al. (US 10499779, "Muir").
12. Robinson teaches a handheld cleaner (2) comprising:
a suction part (30) having a longitudinal axis (see Robinson fig. 2);
a main body (combination of 4 and 6) including:
a body (6) comprising a cyclone part (18) configured to separate dust from air suctioned through the suction part (Robinson [0035]) and a dust container (22) disposed at a lower side of the cyclone part (Robinson fig. 2) to store the dust separated by the cyclone part (Robinson [0036]);
and a body cover (32) configured to open and close a lower side of the body (see Robinson fig. 3 and [0063]-[0064]);
a handle (16) coupled to the main body (see Robinson fig. 2) and including a battery (15, see Robinson fig. 3 and [0033]);
a filter (40) disposed in the body and configured to filter the dust from air that passes through the filter (see Robinson fig. 3 [0038] and [0059]);
an annular frame (42) wherein the annular frame overlaps the handle in an extension direction of the longitudinal axis of the suction part (a line may be drawn parallel to an extension direction of 30 that passes through both 21 and a part of handle 16, see Robinson fig. 3).
Robinson further teaches that the annular frame (42) is configured to scrape debris from the space between an outer perimeter of the filter and an inner perimeter of the body into the bin (Robinson [0059]), and further teaches the presence of a pressable member (release catch 102) disposed outside the main body and configured to move the annular frame (pulling release catch 102 allows the movement of bin 22 and associated wiper frame 42 relative to the cyclone assembly including screen 40, see Robinson figs. 6a-6b and [0059]); and
a connection bar connecting the annular frame to the pressable member (first rail 60 is involved in the connection between 102 and the annular member, see Robinson figs. 3-4 and 6a-6b),
wherein at least a portion of the pressable member is located at a position offset from the longitudinal axis of the suction part (102 is located above the longitudinal axis, see Robinson fig. 3).
However, the broadest reasonable interpretation of the limitation “an annular frame movable in a space between an outer perimeter of the filter and an inner perimeter of the body” requires that the frame be movable in the space relative to each of the filter and the body, which Robinson does not teach.
However, Muir teaches the concept of providing a vacuum cleaner (102) with a dust compression mechanism including an annular frame (414) movable in a space between an outer perimeter of a filter (312) and an inner perimeter of a body (210, see Muir 7:65-8:18);
a pressable member (handle 406) disposed outside a vacuum cleaner main body (see Muir figs. 3-4b) and configured to move the annular frame (see Muir figs. 4a-4b); and
a connection bar (416) connecting the annular frame to the pressable member (linkage 416 connects handle 406 to frame 414, see Muir fig. 4a and 7:53-60).
It would have been obvious for one of ordinary skill before the effective filing date to integrate the teachings of Muir regarding a dust compression mechanism into the cleaner of Robinson such that it included an annular frame movable in a space between an outer perimeter of the filter and an inner perimeter of the body; a pressable member disposed outside the main body and configured to move the annular frame; and a connection bar connecting the annular frame to the pressable member, as doing so would allow for regular cleaning of internal surfaces during use, thereby improving efficiency of the cleaner (Muir 8:37-55).
Furthermore, because of the need to allow for cleanings without disconnecting the dust cup (Muir 7:15-21), such a combination would result in the pressable member being located at a position offset from the longitudinal axis of the suction part, as aligning the pressable member with the longitudinal axis of the suction part would prevent the member from possessing a necessary range of movement, due to existing structures located along that axis (possible locations along the axis either have dust cup structure or internal handle structure, see Robinson fig. 3).
Regarding claims 13 and 14, Robinson as modified teaches the handheld cleaner of claim 12, wherein an entirety of the pressable member is positioned at a position offset from the longitudinal axis of the suction part (as described in the rejection of claim 12), wherein at least a portion of the connection bar is located at a position deviated from the longitudinal axis of the suction part (because the connection bar would be a physical object having volume and an axis is a linear construct with only length, even if the bar was aligned with the axis, a portion of its volume would necessarily be located at a position that was not on the axis).
Regarding claims 15 and 16, Robinson as modified teaches the handheld cleaner of claim 12,
wherein the handle includes a handle body having a handle axis, the handle axis extending along an axial line having a certain length within a length range of the handle body (handle 16 has a body and can have any number of arbitrary linear axes drawn therein), and
wherein the pressable member includes a portion located at a position deviated from the axial line and the connection bar includes a portion located at a position deviated from the longitudinal axis of the suction part (the pressable member and connection bars are physical objects having volume, the axes are linear constructs with only a length, so portions of each of the volumes are necessarily located at positions deviated from the axes).
17. Robinson as modified teaches the handheld cleaner of claim 12, wherein the handle comprises:
a battery housing configured to receive the battery (lower portion 14 of handle 16 is configured to receive battery 15, see Robinson [0033]); and
a handle body (16) including:
a grip portion configured to be gripped by a user (16); and a connection portion (66) connected to the grip portion and the battery housing, the connection portion being disposed between the body of the main body and the grip portion (66 extends between main body 4 and battery housing 14, see Robinson fig. 4), and
wherein the pressable member includes a portion protruded from the connection portion in a horizontal direction (as noted above, the pressable member has a volume, which would include at least some portion protruding in a full range of horizontal and vertical directions from any arbitrary point, such as from connecting portion 66).
Regarding claims 18 and 19, Robinson as modified teaches the handheld cleaner of claim 17, wherein the connection bar is configured to move vertically (bar 416 moves vertically, see Muir figs. 4a-4b). One of ordinary skill would understand that the connection bar should be positioned in a place near the junction of dust cup and handle, so a user could actuate the pressable member with one hand while providing an opposing force on the handle with their other hand while keeping minimizing the torque resulting from horizontal separation of those forces. One of ordinary skill combining the teachings of Muir and Robinson would locate the pressing assembly on one side of the connection portion, which is close to the handle but sufficiently distant that the pressing assembly has a full range of motion without interfering with existing structures. This would result in a configuration wherein the connection bar is configured to move along the connection portion in up and down directions, and wherein the connection bar includes a portion disposed between an outer perimeter of the body and the connection portion.
Regarding claims 20 and 21, Robinson as modified teaches the handheld cleaner of claim 17,
wherein at least a portion of the connection bar is located at a position deviated from the longitudinal axis of the suction part (because the connection bar would be a physical object having volume and an axis is a linear construct with only length, even if the bar was aligned with the axis, a portion of its volume would necessarily be located at a position that was not on the axis).
Robinson does not explicitly teach the presence of a guide body disposed between the body of the main body and the connection portion, the guide body being configured to guide a movement of the connection bar. However, Muir teaches that the elongate linkage (416) may be housed in an internal conduit (410) positioned adjacent the dust cup (see Muir 7:53-64 and figs. 4a-4b). it would have been obvious to one of ordinary skill in the art before the effective filing date to, when combining the teachings of Muir with Robinson, to include some sort of mechanism that limited the motion of the connection bar to a vertical direction such as the conduit of Muir, such as a guide body disposed between the body of the main body and the connection portion, the guide body being configured to guide a movement of the connection bar, as doing so would prevent the connection bar from making unrestrained lateral movements and possible breaking off from the annular ring or pressable member.
22. Robinson as modified teaches the handheld cleaner of claim 12, wherein the annular frame includes a coupling part connected to the connection bar (Muir teaches that annular frame 414 is coupled to elongate linkage 416, so there must necessarily be some sort of coupling part on the annular frame), and
wherein at least a portion of the coupling part is located at a position deviated from the longitudinal axis of the suction part (because the coupling part would be a physical object having volume and an axis is a linear construct with only length, even if the part was aligned with the axis, a portion of its volume would necessarily be located at a position that was not on the axis).
23. Robinson as modified teaches the handheld cleaner of claim 22, wherein the handle comprises:
a battery housing configured to receive the battery (lower portion 14 of handle 16 is configured to receive battery 15, see Robinson [0033]); and
a handle body (16) including:
a grip portion configured to be gripped by a user (16); and a connection portion (66) connected to the grip portion and the battery housing, the connection portion being disposed between the body of the main body and the grip portion (66 extends between main body 4 and battery housing 14, see Robinson fig. 4), and
wherein the pressable member includes a portion protruded from the connection portion in a horizontal direction (as noted above, the pressable member has a volume, which would include at least some portion protruding in a full range of horizontal and vertical directions from any arbitrary point, such as from connecting portion 66).
24. Robinson as modified teaches the handheld cleaner of claim 23, wherein the connection bar is configured to move vertically (bar 416 moves vertically, see Muir figs. 4a-4b). One of ordinary skill would understand that the connection bar should be positioned in a place near the junction of dust cup and handle, so a user could actuate the pressable member with one hand while providing an opposing force on the handle with their other hand while keeping minimizing the torque resulting from horizontal separation of those forces. So one of ordinary skill combining the teachings of Muir and Robinson would locate the pressing assembly on one side of the connection portion, which is close to the handle but sufficiently distant that the pressing assembly has a full range of motion without interfering with existing structures. This would result in a configuration wherein the connection bar is configured to move along the connection portion in up and down directions, and wherein the connection bar includes a portion disposed between an outer perimeter of the body and the connection portion.
26. Robinson as modified teaches the handheld cleaner of claim 23. Robinson does not explicitly teach the presence of a guide body disposed between the body of the main body and the connection portion, the guide body being configured to guide a movement of the connection bar. However, Muir teaches that the elongate linkage (416) may be housed in an internal conduit (410) positioned adjacent the dust cup (see Muir 7:53-64 and figs. 4a-4b). it would have been obvious to one of ordinary skill in the art before the effective filing date to, when combining the teachings of Muir with Robinson, to include some sort of mechanism that limited the motion of the connection bar to a vertical direction such as the conduit of Muir, such as a guide body disposed between the body of the main body and the connection portion, the guide body being configured to guide a movement of the connection bar, as doing so would prevent the connection bar from making unrestrained lateral movements and possible breaking off from the annular ring or pressable member.
27. Robinson as modified teaches the handheld cleaner of claim 12, wherein the handle includes a handle body having a handle axis, the handle axis extending along an axial line having a certain length with a length range of the handle body (handle 16 has a body and can have any number of arbitrary linear axes drawn therein), and
wherein the annular frame includes a coupling part connected to the connection bar (Muir teaches that annular frame 414 is coupled to elongate linkage 416, so there must necessarily be some sort of coupling part on the annular frame), at least a portion of the coupling part being located at a position deviated from the axial line (because the coupling part would be a physical object having volume and an axis is a linear construct with only length, even if the part was aligned with the axis, a portion of its volume would necessarily be located at a position that was not on the axis. Furthermore, the orientation of the claimed axial line is almost entirely arbitrary, and may therefore be drawn such that it does not pass through any portion of the coupling part).
28. Robinson as modified teaches the handheld cleaner of claim 27, wherein the pressable member is asymmetric with respect to the longitudinal axis of the suction part (if the pressable member were located such that it was not centered on the axis; it would be asymmetric with respect to the axis. Because it is capable of being positioned in such a manner, it teaches the claim limitation.).
29. Robinson as modified teaches the handheld cleaner of claim 12, wherein the pressable member is asymmetric with respect to the longitudinal axis of the suction part or wherein the longitudinal axis of the suction part is a central axis of the suction part, or wherein the longitudinal axis of the suction part intersects a center axis of the body (the longitudinal axis of the suction part may be a central axis of the suction part, see Robinson fig. 3).
Regarding claims 32-34, Robinson as modified teaches the handheld cleaner of claim 12. The sole differences between claim 12 and independent claims 32 and 33 are the additional limitations of “wherein the pressable member is disposed to a left of the handle body” from claim 32 and “wherein the first portion of the pressable member overlaps the handle in an extension direction of the longitudinal axis of the suction part”. Claim 34 depends from claim 12 and includes the similar additional limitation of “wherein the annular frame overlaps the connection bar in the extension direction of the longitudinal axis of the suction part”.
Neither Robinson nor Muir explicitly teaches any of these limitations. However, it has been held that where the sole difference between the prior art and the claimed invention is the particular placement of an element, the particular placement of that element is—absent some indication that changing the position of the element would have modified the operation of the device—an obvious matter of design choice. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). Applicant's disclosure does not provide any indication that placing the pressable member to a left of the handle body significantly modifies the operation of the device relative to a placement of the pressable member on the right side (which may be preferable for left-handed operators). Similarly, the disclosure does not ascribe any particular function to the first portion of the pressable member overlapping the handle in an extension direction of the longitudinal axis of the suction part or the annular frame overlapping the connection bar in the extension direction of the longitudinal axis of the suction part. Consequently, positioning the structural elements in each of the recited locations would have been obvious to one of ordinary skill in the art before the effective filing date as a matter of design choice.
Response to Arguments
Applicant’s arguments with respect to claim(s) 12-24, 26-29, and 32-34 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Haegermarck et al. (US PGPub 2014/0020204), Muir et al. (US 10485393 and US PGPub 2018/0132685), Matsumoto et al. (US 6625845 and US PGPub 2001/0025395), Oh et al. (US 2008/0263815), Uim et al. (KR 20150125223), Son et al. (KR 20060031442), and Yokoyama et al. (WO 2005099545) each disclose relevant structures for dust compression in vacuum cleaners.
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