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 .
This Office action is in response to amendments filed 07/07/2026. Claims 1, 4-7, and 9-23 are pending. Claim 9 is withdrawn; and claims 1, 4-7, and 10-23 are rejected. The previously filed 35 USC 112(b) rejections are withdrawn, as necessitated by the amendments.
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, 4-7, 12-14, 16, and 19-23 are rejected under 35 U.S.C. 103 as being unpatentable over Cao (CN 112089360), as provided by the Examiner, in view of Conrad (US 2019/0282048).
Regarding claim 1, Cao (CN 112089360) discloses a hand vacuum cleaner (item 1; pp. [0035]; fig. 5) having a front end (designated in annotated fig. 5 below), a rear end (designated in annotated fig. 5 below) and a hand vacuum cleaner axis (designated in annotated fig. 5 below) that extends between the front end and the rear end, the hand vacuum cleaner comprising:
a dirty air inlet (designated in annotated fig. 5 below), which is positioned at the front end of the hand vacuum cleaner, to a clean air outlet (defined as outlet apertures on outer housing of motor housing 2; fig. 4), which is positioned rearward of the dirty air inlet (figs. 4-5), with a suction motor (within suction motor housing 2; not explicitly shown; pp. [0035]; fig. 5);
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Annotated Fig. 5.
(b) an air treatment member (item 5; pp. [0043]; fig. 5) at the front end of the hand vacuum cleaner (figs. 4-5), the air treatment member comprising an air treatment chamber (defined as interior of item 5 in which dust is collected; fig. 5) having an air inlet (designated in annotated fig. 5 above) and an air outlet (designated in annotated fig. 5 above);
(c) a body portion (defined as outer housing surrounding motor, i.e. housing 2; designated in annotated fig. 4 below) housing the suction motor (pp. [0035]; figs. 4-5), the body portion having a front end (designated in annotated fig. 4 below), a rear end (designated in annotated fig. 4 below) and a sidewall (defined as cylindrical sidewall surrounding, i.e. encompassing, motor and extending from front to rear end, i.e. partially designated in annotated fig. 4 below) extending between the front end of the body portion and the rear end of the body portion (figs. 4-5), wherein, in use, at least a portion of a battery housing is positioned axially from the suction motor (in use, battery housing 3 is axially from suction motor; similar to applicant’s disclosure); and,
(d) a handle (designated by gray highlighted portion in annotated fig. 4 below) provided on the sidewall of the body portion (handle extends from lower end of sidewall; figs. -1-2) and extending outwardly therefrom (extending outwardly in a downward direction in view of fig. 5).
wherein the handle comprises a hand grip portion (designated in annotated fig. 5 above) positioned between first and second ends of the handle (designated in annotated fig. 5 above), a handle axis extends centrally through the hand grip portion from the first end of the handle to the second end of the handle (designated in annotated fig. 5 above), and the handle axis extends through the energy storage pack (designated in annotated fig. 5 above; as modified by Conrad below, energy storage pack is modified within battery housing 3 and, therefore handle axis extends through energy storage pack).
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Annotated Fig. 4.
Cao is silent on the details of the function of the vacuum cleaner, such as an air flow path extending through the dirty air inlet to the clean air outlet, wherein the suction motor is provided in the air flow path, and wherein the air treatment member is provided in the air flow path. Further, Cao does not explicitly disclose the details of the motor and the energy storage pack(s) within each respective housing (body portion 2 and battery housing 3; figs. 4-5 above), such that the suction motor has a motor axis of rotation, and an energy storage pack(s) having energy storage members is within the battery housing.
However, Conrad (US 2019/0282048) teaches a hand vacuum cleaner (item 100; figs. 1-2) having a dirty air inlet (item 108; pp. [0204]; figs. 1-2), a clean air outlet (item 120; pp. [0204]; fig. 2), an air treatment member (item 116; pp. [0204]; fig. 2), a suction motor (item 144; pp. [0206]; fig. 2) having a motor axis of rotation (item 404; pp. [0232]; fig. 2), and a battery housing (item 104; figs. 1-2) having an energy storage pack (item 180; pp. [0212]; figs. 1-2) comprising energy storage members (item 176, pp. [0212]; fig. 2) axially positioned from the suction motor, wherein an air flow path (pp. [0204]; defined by arrowed pathway in view of fig. 2) extends from the dirty air inlet to the clean air outlet (fig. 2) and extends through the suction motor and the air treatment member (pp. [0206] and [0216]; fig. 2).
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 hand vacuum cleaner, as disclosed in Cao, to include a motor axis of rotation extending horizontally (i.e. parallel to hand vacuum cleaner axis), an energy storage pack within the battery housing extending horizontally, and an air flow path extending through each operating component (e.g. air treatment member and suction motor), as taught in Conrad, in order for the device to function as intended and remove particles of dirt and other debris from the air flow.
Regarding claim 4, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises an energy storage member (Conrad; energy storage pack includes members 176, pp. [0212]; fig. 2) that, in use, is provided rearward of the suction motor (energy storage members are modified within battery housing 3 of Cao, thereby provided rearward of suction motor housing 2; figs. 4-5 of Cao).
Regarding claim 5, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (Conrad; each energy storage member 176 defined as the cylindrical body, i.e. singular battery, within storage pack 180; pp. [0212]; fig. 2 in Conrad) and, in use, at least some of the plurality of energy storage members are provided rearward of the suction motor (energy storage members are modified within battery housing 3 of Cao, thereby provided rearward of suction motor housing 2; figs. 4-5 of Cao ).
Regarding claim 6, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (Conrad; each energy storage member 176 defined as the cylindrical body, i.e. singular battery, within storage pack 180; pp. [0212]; fig. 2 in Conrad), in use, the energy storage members is a rearmost operating component of the hand vacuum cleaner (in use, fig. 5, the energy storage members, as modified by Conrad within battery housing 3 of Cao, are the rearmost operating component; similar to applicant’s disclosure, wherein operating components comprise one or more air treatment members and one or more suction motors, pp. [00307] in instant disclosure).
Regarding claim 7, Cao as modified 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. 5 below) and, in use, the energy storage member is positioned at the rear wall (as modified from Conrad, energy storage member is positioned within battery housing 3 and at rear wall).
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Second Annotated Fig. 5.
Regarding claim 12, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (Conrad; each energy storage member 176 defined as the cylindrical body, i.e. singular battery, within storage pack 180; pp. [0212]; fig. 2 in Conrad), the energy storage members have a longest dimension (defined as longitudinal of cylindrical body, i.e. horizontal dimension in view of figs. 1-2 of Conrad), a battery axis extends in a direction of the longest dimension (designated in second annotated fig. 5 above) 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).
Regarding claim 13, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (Conrad; each energy storage member 176 defined as the cylindrical body, i.e. singular battery, within storage pack 180; pp. [0212]; fig. 2 in Conrad), the energy storage members have a longest dimension (defined as longitudinal of cylindrical body, i.e. horizontal dimension in view of figs. 1-2 of Conrad), a battery axis extends in a direction of the longest dimension (designated in second annotated fig. 5 of Cao above, corresponding to longest dimension and horizontal direction in Conrad) 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, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a first energy storage member (as modified by Conrad; designated in annotated fig. 2 of Conrad below) and a second energy storage member (as modified by Conrad; designated in annotated fig. 2 of Conrad 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. 2 of Conrad, i.e. vertical direction in view of fig. 5 of Cao, and thereby, transverse, i.e. perpendicular, to the hand vacuum cleaner axis).
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Conrad Annotated Fig. 2.
Regarding claim 16, Cao as modified discloses the hand vacuum cleaner as claimed in claim 14, wherein the energy storage members have a longest dimension (Conrad; defined as longitudinal of cylindrical body, i.e. horizontal dimension in view of figs. 1-2 of Conrad), a battery axis extends in a direction of the longest dimension and (designated in second annotated fig. 5 of Cao 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 19, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1. Though Cao discloses battery housing is detachably mounted to the hand vacuum cleaner (pp. [0016-0017]; fig. 4), Cao 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).
Regarding claim 20, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, but is silent on the type of air treatment member, such as wherein the air treatment chamber comprises a cyclone chamber.
However, Conrad (US 2019/0282048) further teaches the air treatment member is a cyclone chamber (pp. [0207-0208]; fig. 2). 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 air treatment chamber, as disclosed in Cao, to include a cyclone chamber, as taught in Conrad, in order for the device to function as intended, thereby separating dirt from the air stream and collecting the separated dirt, respectively (pp. [0207] in Conrad).
Regarding claim 21, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, further comprising a finger guard (designated in third annotated fig. 5 below) positioned forward of the hand grip portion (finger guard is positioned closer to front end than hand grip portion, i.e. forward of).
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Third Annotated Fig. 5.
Regarding claim 22, Cao as modified discloses the hand vacuum cleaner as claimed in claim 21, wherein a finger guard axis (designated in third annotated fig. 5 above as dashed double-arrowed line) extends from a first end of the finger guard (designated in third annotated fig. 5 above) to a second end (designated in third annotated fig. 5 above) of the finger guard, and a projection of the finger guard axis (designated in third annotated fig. 5 above) extends through the suction motor (projection extends through suction motor within body portion 2).
Regarding claim 23, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the air outlet of the air treatment chamber is provided in a rear wall of the air treatment chamber (defined as rear wall of air treatment chamber 5 in Cao, fourth annotated fig. 5 below) whereby a direction of air flow (defined by arrowed airflow path in Conrad, i.e. horizontal direction in view of fig. 2 of Conrad) through the air outlet of the air treatment chamber extends in a common direction with the motor axis of rotation (under broadest reasonable interpretation, “common direction” is defined as along the same direction; therefore, the direction of airflow through air treatment chamber air outlet and motor axis of rotation extend in a common, i.e. horizontal, direction; similar to applicant’s disclosure).
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Fourth Annotated Fig. 5.
Claims 10-11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Cao (CN 112089360), as provided by the Examiner, in view of Conrad (US 2019/0282048), and further in view of Baer (US 2005/0155177).
Regarding claim 10, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (Conrad; each energy storage pack 180 includes a plurality of energy storage members 176 defined as the cylindrical bodies; pp. [0212]; fig. 2 in Conrad).
Cao and Conrad are 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 Cao, extends in a common, i.e. left to right, direction in view of fig. 5 of Cao; 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 Cao as modified by Conrad, 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, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the energy storage pack comprises a plurality of energy storage members (Conrad; each energy storage pack 180 includes a plurality of energy storage members 176 defined as the cylindrical bodies; pp. [0212]; fig. 2 in Conrad).
Cao and Conrad are 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 Cao as modified by Conrad, extends in a common, i.e. left to right, direction in view of fig. 5 of Cao; 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 Cao as modified by Conrad, 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, Cao as modified discloses the hand vacuum cleaner as claimed in claim 14. Cao and Conrad are 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 Cao as modified by Conrad, extends in a common, i.e. left to right, direction in view of fig. 5 of Cao; 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 Cao as modified by Conrad, 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 Cao (CN 112089360), as provided by the Examiner, in view of Conrad (US 2019/0282048), and further in view of Conrad (US Patent No. 9,962,047).
Regarding claim 17, Cao as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the handle comprises a pistol grip handle (handle, as designated above in annotated fig. 5, is a pistol grip component), the handle has a distal end (defined as end near second end of handle; first annotated fig. 5 above) spaced from the sidewall of the body portion (figs. 4-5).
Cao 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 Cao) 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 Cao, 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, Cao discloses the hand vacuum cleaner as claimed in claim 17, wherein . wherein the second energy storage pack is a stand for the hand vacuum (as modified above from Conrad ‘047, 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).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because they are addressing newly amended claim limitations, as compared to the rejection of record. 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. Upon further consideration and as necessitated by amendments, a new grounds of rejection is made in view of Cao (CN 112089360) and Conrad (US 2019/0282048). Further, the same teaching references from previous Non-Final Rejection filed on 06/11/2026, Baer (US 2005/0155177) and Conrad (US 9,962,047), are utilized in the Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lv (CN 105919515), as provided by the Examiner, discloses a hand vacuum cleaner comprising an air treatment member, a suction motor, a body portion housing the suction motor, and wherein at least a portion of an energy storage pack is positioned axially from the suction motor, and a handle provided on the sidewall of the body, wherein the handle comprises a handle axis extending centrally through hand grip portion and through the energy storage pack.
Zou (CN 110403524), as provided by the Examiner, discloses hand vacuum cleaner comprising an air treatment member, a body portion housing a suction motor, and a handle extending from a sidewall of the body portion, wherein an energy storage pack is positioned axially from suction motor, and wherein the handle includes a handle axis extending diagonally centrally through hand grip portion and extends through the energy storage pack.
Wei (CN 114190811), from previous Office action, discloses a hand vacuum cleaner comprising an air treatment member, a body housing a suction motor, and a handle extending from a sidewall of the body portion, wherein an energy storage pack is positioned axially from the suction motor, wherein the handle includes a handle axis extending diagonally centrally through hand grip portion from a first end to a second end, and wherein the handle axis extends through the energy storage pack.
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 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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