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 .
Election/Restrictions
Applicant’s election of Species C, directed to figs. 71-72 and claims 1, 4-8, and 10-20, in the reply filed on 04/30/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 2-3 and 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claims 2-3 and 9 are directed towards Species A, fig. 69.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation "the energy storage members" in ll. 1-2 of the claim. There is insufficient antecedent basis for this limitation in the claim. It is unclear to the Examiner whether the claim should be dependent off a different claim (e.g. claim 4 or claim 5) which introduces the energy storage pack comprising energy storage members or whether claim 6 remains dependent on claim 1 and directed towards the energy storage pack (which is introduced in claim 1) as the rearmost operating component. For examination purposes and as best understood, claim 6 is dependent on claim 1 and the energy storage pack is the rearmost operating component (--the energy storage pack is a rearmost operating component--).
Claim 18 recites the limitation “the second energy storage pack” in ll. 1-2 of the claim. There is insufficient antecedent basis for this limitation in the claim. It is unclear to the Examiner whether the claim should be dependent off a different claim (e.g. claim 17 which introduces a second energy storage pack in the handle) or remain dependent off claim 1. As best understood and for examination purposes, claim 18 is dependent on claim 1 and the second energy storage pack is a newly introduced limitation (--[[the]]a second energy pack--).
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-8, 12-14, 16, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wei (CN 114190811), as provided by the Examiner.
Regarding claim 1, Wei (CN 114190811) discloses a hand vacuum cleaner (figs. 1-2) having a front end (designated in annotated fig. 1 below), a rear end (designated in annotated fig. 1 below) and a hand vacuum cleaner axis (designated in annotated fig. 1 below) that extends between the front end and the rear end, the hand vacuum cleaner comprising:
an air flow path (defined as arrowed pathway in view of fig. 2) extending from a dirty air inlet (item 101; figs. 1-2), which is positioned at the front end of the hand vacuum cleaner, to a clean air outlet (item 108; pp. [n0048]; fig. 1), which is positioned rearward of the dirty air inlet (figs. 1-2), with a suction motor (item 105; pp. [n0044]; figs. 1-2) provided in the air flow path (pp. [n0044]; fig. 2), the suction motor having a motor axis of rotation (designated in annotated fig. 1 below, defined along motor shaft);
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Annotated Fig. 1.
(b) an air treatment member (item 102; figs. 1-2) provided in the air flow path at the front end of the hand vacuum cleaner (pp. [n0052]; fig. 2), the air treatment member comprising an air treatment chamber (defined as interior of item 102; figs. 1-2) having an air inlet (designated in annotated fig. 2 below) and an air outlet (designated in annotated fig. 2 below);
(c) a body portion (defined as outer housing surrounding motor 105, i.e. housing 107; fig. 1) housing the suction motor (pp. [n0041]; figs. 1-2), the body portion having a front end (designated in annotated fig. 2 below), a rear end (designated in annotated fig. 2 below) and a sidewall (defined as cylindrical sidewall surrounding, i.e. encompassing, motor 105 and extending from front to rear end, i.e. partially designated in annotated fig. 2 below) extending between the front end of the body portion and the rear end of the body portion (figs. 1-2), wherein, in use, at least a portion of an energy storage pack is positioned axially from the suction motor (in use, all of energy storage pack 106 is axially from suction motor axis of rotation; similar to applicant’s disclosure); and,
(d) a handle (item 103; fig. 1) provided on the sidewall of the body portion (handle 103 extends from lower end of sidewall; figs. 1-2) and extending outwardly therefrom (extending outwardly in a downward direction in view of figs. 1-2).
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Annotated Fig. 2.
Regarding claim 4, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises an energy storage member (defined as cylindrical energy storage member, i.e. singular battery, within energy storage pack 106; figs. 4a-4c) that, in use, is provided rearward of the suction motor (figs. 1-2; energy storage pack and members are rearward of suction motor 105).
Regarding claim 5, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (each energy storage member defined as the cylindrical body, i.e. singular battery, within storage pack 106; figs. 4a-4c) and, in use, at least some of the plurality of energy storage members are provided rearward of the suction motor (in use, figs. 1-2, all energy storage members are rearward of the suction motor 105).
Regarding claim 6, as best understood, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein, in use, the energy storage pack is a rearmost operating component of the hand vacuum cleaner (in use, figs. 1-2, the energy storage pack 106 is the rearmost component and extends further than lower end of handle, i.e. item 104).
Regarding claim 7, Wei discloses the hand vacuum cleaner as claimed in claim 4, wherein the rear end of the hand vacuum cleaner comprises a rear wall (designated in second annotated fig. 2 below) and, in use, the energy storage member is positioned at the rear wall (annotated fig. 2 below; energy storage members are at the rear wall).
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Second Annotated Fig. 2.
Regarding claim 8, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the handle comprises a hand grip portion (designated in annotated second fig. 2 above) positioned between first and second ends of the handle (designated in annotated fug. 2 above), a handle axis (designated in annotated fig. 2 above) extends through the hand grip portion from the first end of the handle to the second end of the handle and a projection of the handle axis (designated in annotated fig. 2 above) extends through the suction motor (figs. 1-2).
Regarding claim 12, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (each energy storage member defined as the cylindrical body, i.e. singular battery, within storage pack 106; figs. 4a-4c), the energy storage members have a longest dimension (defined as longitudinal of cylindrical body, i.e. horizontal dimension in view of figs. 1-2), a battery axis extends in a direction of the longest dimension (designated in second annotated fig. 1 below) and, in use, the battery axis extends in a common direction as the hand vacuum cleaner axis (under broadest reasonable interpretation, “common direction” is defined as along the same direction; therefore, the battery axis and hand vacuum cleaner axis extend in a common, i.e. left to right, direction; similar to applicant’s disclosure).
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Second Annotated Fig. 1.
Regarding claim 13, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (each energy storage member defined as the cylindrical body, i.e. singular battery, within storage pack 106; figs. 4a-4c), the energy storage members have a longest dimension (defined as longitudinal of cylindrical body, i.e. horizontal dimension in view of figs. 1-2), a battery axis extends in a direction of the longest dimension (designated in second annotated fig. 1 above) and, in use, the battery axis extends in a common direction as the motor axis of rotation (under broadest reasonable interpretation, “common direction” is defined as along the same direction; therefore, the battery axis and the motor axis of rotation extend in a common, i.e. left to right, direction; similar to applicant’s disclosure).
Regarding claim 14, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a first energy storage member (designated in annotated fig. 4b below) and a second energy storage member (designated in annotated fig. 4b below), the first and second energy storage members are spaced from each other in a direction transverse to the hand vacuum cleaner axis (first and second energy members are spaced apart in a vertical direction in view of fig. 4b, i.e. vertical direction in view of figs. 1-2, and thereby, transverse, i.e. perpendicular, to the hand vacuum cleaner axis).
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Annotated Fig. 4b.
Regarding claim 16, Wei discloses the hand vacuum cleaner as claimed in claim 14, wherein the energy storage members have a longest dimension (defined as longitudinal of cylindrical body, i.e. horizontal dimension in view of figs. 1-2), a battery axis extends in a direction of the longest dimension and (designated in second annotated fig. 1 above), in use, the battery axis extends in a common direction as the hand vacuum cleaner axis (under broadest reasonable interpretation, “common direction” is defined as along the same direction; therefore, the battery axis and hand vacuum cleaner axis extend in a common, i.e. left to right, direction; similar to applicant’s disclosure).
Regarding claim 20, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the air treatment chamber comprises a cyclone chamber (pp. [n0050]; fig. 2).
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 10-11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 114190811) in view of Baer (US 2005/0155177).
Regarding claim 10, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (each energy storage member defined as the cylindrical body, i.e. singular battery, within storage pack 106; figs. 4a-4c).
Wei is silent on the exact configuration of the energy storage members, such as wherein the energy storage members have a positive end and a negative end, a battery axis extends between the positive and negative ends and, in use, the battery axis extends in a common direction as the hand vacuum cleaner axis.
However, Baer (US 2005/0155177) teaches a vacuum cleaner comprising an energy storage pack (item 24; fig. 12) comprising a first energy storage member and a second energy storage member (items 222; pp. [0045]; fig. 12), wherein the energy storage members have a positive end (item 220b; fig. 12) and a negative end (item 220a; fig. 12), a battery axis extends between the positive and negative ends (battery axis extends between positive 220b and negative 220a ends of the first and second energy storage pack; similar to applicant’s disclosure in which battery axis 301 extends between positive and negative ends of the energy storage packs 300, figs. 69-70 and pp. [00208] in instant disclosure), and wherein, in use, the battery axis extends in a common direction (under broadest reasonable interpretation, “common direction” is defined as along the same direction) as the hand vacuum cleaner axis (the battery axis extends between the energy storage packs, i.e. along the longest dimension of the battery packs, and the hand vacuum cleaner axis, corresponding to axis in Wei, extends in a common, i.e. left to right, direction in view of figs. 1-2 of Wei; similar to applicant’s disclosure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the energy storage members, as disclosed in Wei, to include positive and negative ends connected to one another, as taught in Baer, in order for the hand vacuum to function as intended and selectively allow current to flow from the energy storage pack to the motor.
Regarding claim 11, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (each energy storage member defined as the cylindrical body, i.e. singular battery, within storage pack 106; figs. 4a-4c).
Wei is silent on the exact configuration of the energy storage members, such as wherein the energy storage members have a positive end and a negative end, a battery axis extends between the positive and negative ends and, in use, the battery axis extends in a common direction as the motor axis of rotation.
However, Baer (US 2005/0155177) teaches a vacuum cleaner comprising an energy storage pack (item 24; fig. 12) comprising a first energy storage member and a second energy storage member (items 222; pp. [0045]; fig. 12), wherein the energy storage members have a positive end (item 220b; fig. 12) and a negative end (item 220a; fig. 12), a battery axis extends between the positive and negative ends (battery axis extends between positive 220b and negative 220a ends of the first and second energy storage pack; similar to applicant’s disclosure in which battery axis 301 extends between positive and negative ends of the energy storage packs 300, figs. 69-70 and pp. [00208] in instant disclosure), and wherein, in use, the battery axis extends in a common direction (under broadest reasonable interpretation, “common direction” is defined as along the same direction) as the motor axis of rotation (the battery axis extends between the energy storage packs, i.e. along the longest dimension of the battery packs, and the motor axis of rotation, corresponding to axis in Wei, extends in a common, i.e. left to right, direction in view of figs. 1-2 of Wei; similar to applicant’s disclosure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the energy storage members, as disclosed in Wei, to include positive and negative ends connected to one another, as taught in Baer, in order for the hand vacuum to function as intended and selectively allow current to flow from the energy storage pack to the motor.
Regarding claim 15, Wei discloses the hand vacuum cleaner as claimed in claim 14. Wei is silent on the exact configuration of the energy storage members, such as wherein the energy storage members have a positive end and a negative end, a battery axis extends between the positive and negative ends and, in use, the battery axis extends in a common direction as the motor axis of rotation.
However, Baer (US 2005/0155177) teaches a vacuum cleaner comprising an energy storage pack (item 24; fig. 12) comprising a first energy storage member and a second energy storage member (items 222; pp. [0045]; fig. 12), wherein the energy storage members have a positive end (item 220b; fig. 12) and a negative end (item 220a; fig. 12), a battery axis extends between the positive and negative ends (battery axis extends between positive 220b and negative 220a ends of the first and second energy storage pack; similar to applicant’s disclosure in which battery axis 301 extends between positive and negative ends of the energy storage packs 300, figs. 69-70 and pp. [00208] in instant disclosure), and wherein, in use, the battery axis extends in a common direction (under broadest reasonable interpretation, “common direction” is defined as along the same direction) as the motor axis of rotation (the battery axis extends between the energy storage packs, i.e. along the longest dimension of the battery packs, and the motor axis of rotation, corresponding to axis in Wei, extends in a common, i.e. left to right, direction in view of figs. 1-2 of Wei; similar to applicant’s disclosure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the energy storage members, as disclosed in Wei, to include positive and negative ends connected to one another, as taught in Baer, in order for the hand vacuum to function as intended and selectively allow current to flow from the energy storage pack to the motor.
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 114190811) in view of Conrad (US Patent No. 9,962,047).
Regarding claim 17, Wei discloses the hand vacuum cleaner as claimed in claim 1, wherein the handle comprises a pistol grip handle (pp. [n0041]; handle 103 is a pistol grip component), the handle has a distal end (defined as end near item 104; figs. 1-2) spaced from the sidewall of the body portion (figs. 1-2).
Wei does not explicitly disclose a second energy storage pack is provided at the distal end.
Conrad (US Patent No. 9,962,047) teaches a hand vacuum cleaner (fig. 39 embodiment) comprising a plurality of energy storage packs (items 174; fig. 39) provided in multiple locations within the hand vacuum (col. 48, ll. 42-46), wherein a first energy storage pack is positioned at an upper end of the handle (corresponding to upper positioned energy storage pack in Wei), and wherein a second energy storage pack is provided a distal (i.e. lower) end of the handle (fig. 39).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Wei, to include a second energy storage pack at a distal end of the hand vacuum, as taught in Conrad, in order to help distribute the weight of the energy storage packs and affect the hand feel and/or perceived balance of the vacuum (Conrad; col. 48, ll. 46-50) and thereby, reduce the torque experienced by the user if she rotates the hand vacuum about a longitudinal rotation axis (Conrad; col. 48, ll. 57-60).
Regarding claim 18, as best understood, Wei discloses the hand vacuum cleaner as claimed in claim 1. Wei does not disclose a second energy storage pack is a stand for the hand vacuum cleaner.
Conrad (US Patent No. 9,962,047) teaches a hand vacuum cleaner (fig. 39 embodiment) comprising a plurality of energy storage packs (items 174; fig. 39) provided in multiple locations within the hand vacuum (col. 48, ll. 42-46), wherein a first energy storage pack is positioned at an upper end of the handle (corresponding to upper positioned energy storage pack in Wei), and wherein a second energy storage pack is provided a lower end of the handle (fig. 39), wherein the second energy storage pack is a stand for the hand vacuum (lower energy storage pack 174 is aligned with lower end of hand vacuum cleaner and acts as a stand, i.e. support, for hand vacuum when placed on a surface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Wei, to include a second energy storage pack at a lower end of the hand vacuum, as taught in Conrad, in order to help distribute the weight of the energy storage packs and affect the hand feel and/or perceived balance of the vacuum (Conrad; col. 48, ll. 46-50) and thereby, reduce the torque experienced by the user if she rotates the hand vacuum about a longitudinal rotation axis (Conrad; col. 48, ll. 57-60).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Wei (CN 114190811), as provided by the Examiner.
Regarding claim 19, Wei discloses the hand vacuum cleaner as claimed in claim 1, but does not explicitly disclose wherein the energy storage pack is removably insertable into the hand vacuum cleaner.
However, it would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the energy storage pack to be removably insertable into the hand vacuum cleaner since it has been held that constructing a formerly integral structure in various elements for replacement, maintenance, and/or repair involves only routine skill in the art (see MPEP 2144.04.V-C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zhang (US 2022/0211235) discloses a hand vacuum cleaner comprising an air flow path, air treatment member, a body portion housing the suction motor, the body having a sidewall, wherein an anergy storage pack is positioned axially from the suction motor, and a handle provided on the sidewall.
Oka (US 2019/0208974) discloses a hand vacuum cleaner comprising an air flow path, an air treatment member, a body housing a suction motor, the body having a sidewall in which a handle is provided on and extends outwardly from, and at least a portion of an energy storage pack extends axially from the suction motor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571)272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIDNEY D FULL/Examiner, Art Unit 3723
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