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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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.
Allowable Subject Matter
The indicated allowability of claims 29-31 is withdrawn in view of the newly discovered reference(s) to Li et al. (US 11229336, "Li"). Rejections based on the newly cited reference(s) follow.
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 14-17, 19-28, 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").
14. 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]); and
a cleaning member (42 configured to scrape debris from the space between an outer perimeter of the filter and an inner perimeter of the body into the bin, see Robinson [0059]).
Robinson further teaches the presence of a pressable member (release catch 102) disposed outside the main body and configured to move the cleaning member (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 cleaning member to the pressable member (first rail 60 is involved in the connection between 102 and cleaning member 42, see Robinson figs. 3-4 and 6a-6b); and
wherein, when the pressable member is located at the first position, the cleaning member is positioned higher than the battery (at first position, cleaning member 42 is located higher than battery 15, see Robinson fig. 3).
However, the broadest reasonable interpretation of the limitation “a cleaning member 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. Robinson also does not teach that the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of the pressable member,
wherein, when the pressable member is located at the first position, at least a portion of the pressable member is disposed higher than the cleaning member and lower than an upper end of the handle in an orientation of the cleaning member in which a center axis of a cyclonic flow of the cyclone part is arranged along a vertical direction.
However, Muir teaches the concept of providing a vacuum cleaner (102) with a dust compression and cleaning mechanism including a cleaning member (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 cleaning member (see Muir figs. 4a-4b); and
a connection bar (416) connecting the cleaning member to the pressable member (linkage 416 connects handle 406 to frame 414, see Muir fig. 4a and 7:53-60),
wherein the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of the pressable member (Muir figs. 4a-4b),
wherein, when the pressable member is located at the first position, at least a portion of the pressable member is disposed higher than the cleaning member (in a first position, 406 is higher than 414, see Muir fig. 4a).
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 Li such that it included a cleaning member 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 cleaning member to the pressable member, wherein the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of 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, due to the different geometry of the cleaners of Robinson and Muir, one of ordinary skill would implement the pressable member of Muir on Robinson as modified such that, when the pressable member was located at the first position, at least the portion of the pressable member would be disposed lower than an upper end of the handle because otherwise the pressable member would excessively protrude from the device, leading to an increased risk of damage from catching on objects it passes by.
15. Robinson as modified teaches the handheld cleaner of claim 14, wherein the handle comprises:
a grip portion (16) configured to be gripped by a user; and
a battery housing disposed at a lower side of the grip portion and configured to receive the battery (lower portion 14 of handle 16 is configured to receive battery 15, see Robinson [0033]), and wherein the cleaning member includes a coupling part to which the connection bar is coupled (Muir teaches that cleaning member 414 is coupled to elongate linkage 416, so there must necessarily be some sort of coupling part on the cleaning member).
16. Robinson as modified teaches the handheld cleaner of claim 15, but does not explicitly teach that, when the pressable member is located at the first position, the coupling part includes a portion disposed lower than an upper end of the grip portion.
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 offers no evidence that the location of the coupling part relative to the upper end of the grip portion has any particular significance to the operation of the claimed invention. Consequently, it would have been obvious to one of ordinary skill before the effective filing date to further modify the cleaner of Robinson as modified such that, when the pressable member is located at the first position, the coupling part includes a portion disposed lower than an upper end of the grip portion, as doing so would be a matter of obvious design choice.
17. Robinson as modified teaches the handheld cleaner of claim 15, wherein, when the pressable member is located at the second position, the coupling part includes a portion disposed higher than a lower end of the grip portion and an upper end of the battery housing, or wherein, when the pressable member is located at the second position, the coupling part includes a portion disposed closer to the lower end of the grip portion than an upper end of the grip portion (Muir teaches that the second position should be near a bottom end of a cleaning portion, which would place the coupling part on the combined device nearer to a lower end of the grip portion than an upper end of the grip portion, see Muir figs. 4a-4b and Robinson fig. 3).
19. Robinson as modified teaches the handheld cleaner of claim 15, wherein the handle further comprises a connection portion (66) connecting the grip portion and the battery housing (66 extends between main body 4 and battery housing 14, see Robinson fig. 4).
Although Robinson as modified teaches that the connection bar is configured to move vertically (bar 416 moves vertically, see Muir figs. 4a-4b), Robinson as modified does not explicitly teach that the connection bar includes a portion disposed between the connection portion and the grip portion.
However, it has been held that “in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” MPEP § 2144.01, citing In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
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 and provide an opposing force on the handle with their other hand while minimizing the angular moment resulting from horizontal separation of the places where those forces were applied.
One of ordinary skill combining the teachings of Muir and Robinson would locate the pressing assembly on one edge 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 includes a portion disposed between an outer perimeter of the body and the connection portion.
20. Robinson as modified teaches the handheld cleaner of claim 19, but does not specifically teach that the connection portion includes a slot extending in a direction parallel to the center axis of the cyclonic flow of the cyclone part, and wherein the pressable member includes a first portion disposed outside the slot.
However, Muir teaches that the connection bar (416) may be housed in a slot (combination of internal conduit 410 and slot 502, see Muir 7:26-42) with the handle positioned adjacent the dust cup with the pressable member (406) including a portion disposed outside the slot (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.
21. Robinson as modified teaches the handheld cleaner of claim 20, wherein the pressable member includes a second portion disposed inside the slot (handle 406 includes a portion disposed in slot 502, see Muir 7:26-42 and figs. 5a-5b), wherein a horizontal width of the first portion of the pressable member disposed outside the slot is greater than a horizontal width of the second portion of the pressable member disposed inside the slot (outer portion of handle is wider than portion in slot 502, see Muir figs. 5a-5b).
22. Robinson as modified teaches the handheld cleaner of claim 20, wherein the main body further includes a suction motor (13) configured to generate a suction force, and
wherein, when the pressable member is located at the first position, the coupling part includes a portion disposed lower than the suction motor (cleaning member 42 is lower than motor 13, see Robinson fig. 3; a coupling part connected to the cleaning member would likewise include a portion disposed lower than the motor).
23. Robinson as modified teaches the handheld cleaner of claim 22, wherein, when the pressable member is located at the second position, the pressable member includes a portion disposed lower than the suction motor (Muir teaches a pressable member 406 that includes a portion in line with cleaning ring 414, Muir figs. 4a-4b; incorporating similar structure into the cleaner of Robinson would result in the pressable member of Robinson as modified including a portion that would be disposed lower than the suction motor when in the second position).
24. Robinson as modified teaches the handheld cleaner of claim 22, wherein the filter includes a mesh portion having a plurality of holes (40 is perforated, Robinson [0038]), and
wherein, when the pressable member is located at the second position, the coupling part includes a portion disposed lower than the mesh portion (Muir teaches that in the second position, the cleaning portion should be around a bottom of a circular central filtering element, see Muir fig. 4b; Robinson teaches that the bottom of the central circular portion including mesh 40 is an end wall 55, see Robinson fig. 3 and [0041], which is lower than a bottom of the mesh portion and is where the cleaning member and at least a portion of the coupling part would be disposed at the second position).
25. Robinson as modified teaches the handheld cleaner of claim 14, wherein the main body further includes a suction motor (13) configured to generate a suction force,
wherein the cleaning member includes a coupling part to which the connection bar is coupled (Muir teaches that cleaning member 414 is coupled to elongate linkage 416, so there must necessarily be some sort of coupling part on the cleaning member), and
wherein, when the pressable member is located at the first position, the coupling part includes a portion disposed lower than the suction motor (cleaning member 42 is lower than motor 13, see Robinson fig. 3; a coupling part connected to the cleaning member would likewise include a portion disposed lower than the motor).
26. Robinson as modified teaches the handheld cleaner of claim 25, wherein, when the pressable member is located at the second position, the pressable member includes a portion disposed lower than the suction motor (Muir teaches a pressable member 406 that includes a portion in line with cleaning ring 414, Muir figs. 4a-4b; incorporating similar structure into the cleaner of Robinson would result in the pressable member of Robinson as modified including a portion that would be disposed lower than the suction motor when in the second position).
27. Robinson as modified teaches the handheld cleaner of claim 25, wherein the filter includes a mesh portion having a plurality of holes (40 is perforated, Robinson [0038]), and
wherein, when the pressable member is located at the second position, the coupling part includes a portion disposed lower than the mesh portion (Muir teaches that in the second position, the cleaning portion should be around a bottom of a circular central filtering element, see Muir fig. 4b; Robinson teaches that the bottom of the central circular portion including mesh 40 is an end wall 55, see Robinson fig. 3 and [0041], which is lower than a bottom of the mesh portion and is where the cleaning member and at least a portion of the coupling part would be disposed at the second position).
28. Robinson as modified teaches the handheld cleaner of claim 14, wherein the cleaning member includes a coupling part to which the connection bar is coupled (Muir teaches that cleaning member 414 is coupled to elongate linkage 416, so there must necessarily be some sort of coupling part on the cleaning member),
wherein the filter includes a mesh portion having a plurality of holes (40 is perforated, Robinson [0038]), and
wherein, when the pressable member is located at the second position, the coupling part includes a portion disposed lower than the mesh portion (Muir teaches that in the second position, the cleaning portion should be around a bottom of a circular central filtering element, see Muir fig. 4b; Robinson teaches that the bottom of the central circular portion including mesh 40 is an end wall 55, see Robinson fig. 3 and [0041], which is lower than a bottom of the mesh portion and is where the cleaning member and at least a portion of the coupling part would be disposed at the second position)..
32. Robinson as modified teaches the handheld cleaner of claim 14, wherein, when the pressable member is located at the first position, the dust container is disposed at a lowermost portion of the cleaning member (regardless of position, dust container 22 is always disposed lower than cleaning member 42, see Robinson fig. 3 and Muir figs. 4a-4b).
33. Robinson as modified teaches the handheld cleaner of claim 14, wherein the cleaning member is an annular member (42 is a ring, see Robinson fig. 3, [0038], and [0059]).
34. 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]); and
a cleaning member (42 configured to scrape debris from the space between an outer perimeter of the filter and an inner perimeter of the body into the bin, see Robinson [0059]).
Robinson further teaches the presence of a pressable member (release catch 102) disposed outside the main body and configured to move the cleaning member (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 cleaning member to the pressable member (first rail 60 is involved in the connection between 102 and cleaning member 42, see Robinson figs. 3-4 and 6a-6b);
wherein the suction part (30) is positioned higher than the battery (15 is lower than 30, see Robinson fig. 3).
However, the broadest reasonable interpretation of the limitation “a cleaning member 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. Robinson also does not teach that the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of the pressable member,
wherein, when the pressable member is located at the first position, at least a portion of the pressable member is disposed higher than the cleaning member and lower than an upper end of the handle in an orientation of the cleaning member in which a center axis of a cyclonic flow of the cyclone part is arranged along a vertical direction; and
wherein a lower end of the pressable member is positioned higher than a lower end of the suction part.
However, Muir teaches the concept of providing a vacuum cleaner (102) with a dust compression and cleaning mechanism including a cleaning member (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 cleaning member (see Muir figs. 4a-4b); and
a connection bar (416) connecting the cleaning member to the pressable member (linkage 416 connects handle 406 to frame 414, see Muir fig. 4a and 7:53-60),
wherein the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of the pressable member (Muir figs. 4a-4b),
wherein, when the pressable member is located at the first position, at least a portion of the pressable member is disposed higher than the cleaning member (in a first position, 406 is higher than 414, see Muir fig. 4a).
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 Li such that it included a cleaning member 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 cleaning member to the pressable member, wherein the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of 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, due to the different geometry of the cleaners of Robinson and Muir, one of ordinary skill would implement the pressable member of Muir on Robinson as modified such that, when the pressable member was located at the first position, at least the portion of the pressable member would be disposed lower than an upper end of the handle because otherwise the pressable member would excessively protrude from the device, leading to an increased risk of damage from catching on objects it passes by.
Similarly, because the suction part (30) of Robinson is positioned with a lower end located below a lower end of the cleaning member (40, see Robinson fig. 3), and Muir teaches that the pressing part (406) should be located above the cleaning member (42, see Muir figs. 4a-4b), a modification of Robinson incorporating the teachings of Muir would be configured such that a lower end of the pressable member was positioned higher than a lower end of the suction part.
Claims 29-31 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Muir.
29. Li teaches a handheld cleaner (T) comprising:
a suction part (T2):
a main body (T1) including:
a body (1) comprising a cyclone part (311) configured to separate dust from air suctioned through the suction part and a dust container (11) disposed at a lower side of the cyclone part to store the dust separated by the cyclone part; and a body cover (12) configured to open and close a lower side of the body (dust separated by primary cyclone 311 settles in the cup defined by 11 and cover 12, see Li fig. 4); and
a filter (perforations 3111 in wall of 311) disposed in the body and configured to filter the dust from air that passes through the filter (perforations 3111 in wall of 311 are capable of acting as a filter, see Li figs. 4 and 10);
an additional cyclone part (312) to separate dust from air that has passed through the filter (secondary cyclone receives air from 3111 and filters air, see Li fig. 4 and 16:42-17:4),
wherein the additional cyclone part includes a dust outlet (air filtered by second cyclones drops downward) and an air outlet (air from secondary cyclones passes through filter 313 before exiting upward to the motor 211, see Li fig. 4 and 16:42-17:4);
a handle (4) coupled to the main body and including a battery (501, see Li fig. 22 and 31:27-43).
Li does not teach the presence of a cleaning member 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, the pressable member being configured to move the cleaning member and a connection bar connecting the cleaning member to the pressable member,
wherein the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of the pressable member,
wherein, when the pressable member is located at the first position, at least a portion of the pressable member is disposed higher than the cleaning member and lower than an upper end of the handle in an orientation of the cleaning member in which a center axis of a cyclonic flow of the cyclone part is arranged along a vertical direction,
wherein, when the pressable member is located at the first position, the connection bar includes a portion disposed higher than the air outlet.
However, Muir teaches the concept of providing a vacuum cleaner (102) with a dust compression and cleaning mechanism including a cleaning member (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 cleaning member (see Muir figs. 4a-4b); and
a connection bar (416) connecting the cleaning member to the pressable member (linkage 416 connects handle 406 to frame 414, see Muir fig. 4a and 7:53-60),
wherein the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of the pressable member (Muir figs. 4a-4b),
wherein, when the pressable member is located at the first position, at least a portion of the pressable member is disposed higher than the cleaning member (in a first position, 406 is higher than 414, see Muir fig. 4a)
wherein, when the pressable member is located at the first position, the connection bar includes a portion disposed higher than the air outlet (in a first position, upper end of 416 is located higher than an air outlet from a central filter, see Muir figs. 3 and 4a).
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 Li such that it included a cleaning member 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 cleaning member to the pressable member, wherein the pressable member is located at a first position when the pressable member is not manipulated, and the pressable member is configured to move to a second position by manipulation of the pressable member, wherein, when the pressable member is located at the first position, the connection bar includes a portion disposed higher than the air outlet, as doing so would allow for regular cleaning of internal surfaces during use, thereby improving efficiency of the cleaner (Muir 8:37-55).
Furthermore, due to the different geometry of the cleaners of Li and Muir, one of ordinary skill would implement the pressable member of Muir on Li as modified such that, when the pressable member was located at the first position, at least the portion of the pressable member would be disposed lower than an upper end of the handle because otherwise the pressable member would excessively protrude from the device, leading to an increased risk of damage from catching on objects it passes by.
30. Li as modified teaches the handheld cleaner of claim 29, wherein, when the pressable member is located at the second position, the connection bar includes a portion disposed lower than the air outlet and disposed higher than the dust outlet (in a second position, bar 416 includes a portion above a dust outlet 322 and lower than the air outlet at the top of the central filter, see Muir fig. 4b).
31. Li as modified teaches the handheld cleaner of claim 29, wherein, when the pressable member is located at the second position, the pressable member includes a portion disposed higher than the dust outlet (in a second position, handle 406 includes a portion located above dust outlet 322, see Muir fig. 4b).
Response to Arguments
Applicant’s arguments with respect to claim(s) 14-17 and 19-34 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.
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/J.R.Z./ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723