The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Election/Restrictions
Applicant’s election with traverse of Species B and Subspecies C2, D2, and E2, as represented in Claims 1-7, 11-19, and 21-24, in the reply filed on 5/13/2026 is acknowledged. Claims 8-10 and 20 were cancelled in the claim amendments received 5/13/2026.
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.
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 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.
Claims 1-6, 14, 15, 17-19, 21, 22, and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho et al. US 2019/0167058 (hereafter Cho et al.).
Regarding Claim 1, Cho et al. anticipates:
1. (Previously Presented) A vacuum cleaner (cleaner 1), comprising:
a waste receptacle (dust collector 110);
a motor (fan motor unit 26) configured to draw air into the waste receptacle;
a filter structure (filtering device 113) having a wall (first dirt removing member 120) at a first end (top end, Figure 9) of the filter structure (shown in Figure 9);
a door (opening/closing member 114) at a distal end of the waste receptacle (shown in Figure 4); and
a housing (assembly comprising outer case 111, extension case 131, and housing of handle device 20) configured to house both the motor and the filter structure,
wherein the waste receptacle (dust collector 110) or the housing is configured to move relative to the other of the waste receptacle or the housing (specifically extension case 131, and housing of handle device 20) such that the waste receptacle is configured to slide around the wall at the first end of the filter structure (best shown in Figures 7 and 8).
Regarding Claim 2, Cho et al. anticipates:
2. (Original) The vacuum cleaner of claim 1, wherein the waste receptacle (dust collector 110) comprises a body (outer case 111) and an inner chamber (inner case 112) nested within the body (Figure 4), such that a diameter of the inner chamber is less than a diameter of the body (shown in Figure 4).
Regarding Claim 3, Cho et al. anticipates:
3. (Original) The vacuum cleaner of claim 2, wherein a wall (wall surrounding filtering device 113) of the inner chamber (inner case 112) comprises a plurality of openings (case openings 112a and 112b).
Regarding Claim 4, Cho et al. anticipates:
4. (Original) The vacuum cleaner of claim 3, wherein air can pass from the inner chamber (inner case 112) through the plurality of openings (case openings 112a and 112b) to a region (case passage 110b) between the inner chamber and the body (outer case 111).
Regarding Claim 5, Cho et al. anticipates:
5. (Previously Presented) The vacuum cleaner of claim 2, wherein the wall at the first end of the filter structure (first dirt removing member 120) moves through the inner chamber (inner case 112) of the waste receptacle (dust collector 110).
Regarding Claim 6, Cho et al. anticipates:
6. (Original) The vacuum cleaner of claim 2, wherein the vacuum cleaner (cleaner 1) comprises:
a nozzle assembly (suction head 10); and
an air suction tube (neck portion 11) coupled between the nozzle assembly and an inlet (chamber inlet 114a) into the inner chamber (inner case 112) of the waste receptacle (dust collector 110)(best shown in Figure 2).
Regarding Claim 14, Cho et al. anticipates:
14. (Previously Presented) The vacuum cleaner of claim 1, wherein the filter structure (filtering device 113) comprises a filter (mesh member, Paragraph [0076]) coupled between the first end (top end, Figure 9) of the filter structure and a second end (bottom end, Figure 4) of the filter structure.
Regarding Claim 15, Cho et al. anticipates:
15. (Original) The vacuum cleaner of claim 14, wherein the filter structure (filtering device 113) comprises a filter stage (filter stage shown in Figure 9) having the filter (mesh member, Paragraph [0076]) and a cyclone stage (dirt separator 218) adjacent to the filter stage (Figure 9).
Regarding Claim 17, Cho et al. anticipates:
17. (Original) The vacuum cleaner of claim 15, wherein the cyclone stage (dirt separator 218) comprises an outlet (outlet from dirt separators 218 shown in Figure 9) coupled (fluidically coupled) to a collection chamber (unshown suction nozzle chamber on bottom of suction head 10).
Regarding Claim 18, Cho et al. anticipates:
18. (Original) The vacuum cleaner of claim 17, wherein the waste receptacle (dust collector 110) comprises a body (outer case 111) and an inner chamber (inner case 112) nested within the body (Figure 4), and the collection chamber (unshown suction nozzle chamber on bottom of suction head 10) is arranged beneath the inner chamber (Figure 2).
Regarding Claim 19, Cho et al. anticipates:
19. (Original) A vacuum cleaner (cleaner 1), comprising:
a nozzle assembly (suction head 10) at a distal end of the vacuum cleaner (Figures 1 and 2);
a handle (gripping portion 21) at a proximal end of the vacuum cleaner (Figures 1 and 2);
a waste receptacle (dust collector 110) having an inner chamber (inner case 112) and a body (outer case 111) around the inner chamber;
a motor (fan motor unit 26) configured to draw air through the nozzle assembly and into the waste receptacle;
and
a filter structure (dirt separator 118) having a filter (mesh member, Paragraph [0074]) coupled thereto;
wherein the waste receptacle is configured to move relative to the filter structure such that the inner chamber of the waste receptacle slides around at least a portion of the filter structure (Figures 5 and 6).
Regarding Claim 21, Cho et al. anticipates:
21. (Previously Presented) The vacuum cleaner of claim 1, wherein the housing (specifically extension case 131, and housing of handle device 20) is fixed, and the wall at the first end of the filter structure (first dirt removing member 120) moves through the waste receptacle (dust collector 110) when the waste receptacle is slid over the housing (Figures 3, 6, and 7).
Regarding Claim 22, Cho et al. anticipates:
22. (Previously Presented) The vacuum cleaner of claim 1, wherein the waste receptacle (dust collector 110) is fixed, and the wall at the first end of the filter structure (first dirt removing member 120) moves through the waste receptacle when the housing (specifically extension case 131, and housing of handle device 20) is slid towards the distal end of the waste receptacle (Figures 3, 6, and 7).
Regarding Claim 24, Cho et al. anticipates:
24. (Previously Presented) A vacuum cleaner (cleaner 1), comprising:
a nozzle assembly (suction head 10) at a distal end of the vacuum cleaner (Figures 1 and 2);
a handle (gripping portion 21) at a proximal end of the vacuum cleaner (Figures 1 and 2);
a waste receptacle (dust collector 110);
an air suction tube (neck portion 11) coupled between the nozzle assembly and an inlet (chamber inlet 114a) into the waste receptacle (Figure 2), wherein the inlet passes through a side wall (cover 116) of the waste receptacle;
a motor (fan motor unit 26) configured to draw air through the nozzle assembly and into the waste receptacle via the inlet; and
a filter structure (dirt separator 118) having a wall (first dirt removing member 120) at a first end (below dirt separator 118) of the filter structure (shown in Figure 5) and a filter (mesh member, Paragraph [0074]) coupled between the first end of the filter structure and a second end (top end of dirt separator 118, Figure 5) of the filter structure;
wherein the waste receptacle and the filter structure are configured to move relative to one another such that the wall at the first end of the filter structure moves through the waste receptacle (Figures 5 and 6).
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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
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 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.
Claims 7, 16, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. US 2019/0167058 (hereafter Cho et al.) in view of design choice.
Regarding Claim 7, Cho et al. teaches:
7. (Original) The vacuum cleaner of claim 1, wherein the waste receptacle (dust collector 110) is configured to laterally slide along a track (outer walls of extension case 131 – see discussion below).
Cho et al. discloses substantially all the limitations of the claim(s) including an dust collector 110 configured to laterally slide along the outer walls of the extension case 131. Cho et al. elected to shape the parts so that prevent rotation between the parts as they slide rather than relying upon a track or groove to prevent rotation as they slide. It would have been an obvious matter of design choice to one having ordinary skill before the effective filing date of the claimed invention to include a groove or track that additionally provides a structure that prevents twisting relative to the two parts with the motivation to additionally strengthen design to prevent twisting between the parts during user operation of the device.
Regarding Claim 16, Cho et al. teaches:
16. (Original) The vacuum cleaner of claim 15, wherein the cyclone stage (dirt separator 218) is tilted at an angle (see discussion below) with respect to a central axis (axis generally vertical through parts shown in Figure 2) passing axially through the waste receptacle (dust collector 110).
Cho et al. discloses a cyclonic dirt separator 218 as shown in Figure 9 that depicts two dirt separators oriented generally parallel with respect to a central axis. It would have been an obvious matter of design choice to one having ordinary skill before the effective filing date of the claimed invention to modify the orientation of the dirt separators at a slight angle, resulting in the claimed tilted orientation, with the motivation to achieve a desired cosmetic appearance since applicant has not disclosed that tilting the cyclone stage solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with either a tilted or vertical arrangement.
Regarding Claim 23, Cho et al. teaches:
23. (Previously Presented) The vacuum cleaner of claim 1, wherein the housing (assembly comprising outer case 111, extension case 131, and housing of handle device 20) has a cylindrical shape with a same diameter over a first portion of the housing (specifically outer case 111) around the filter structure (filtering device 113) and a second portion of the housing (specifically fixing unit 24 of housing of handle device 20) around the motor (fan motor unit 26).
Cho et al. discloses substantially all the limitations of the claim(s) including an outer case 111 and a fixing unit 24 that appear to be similar in diameter. The shape of the Cho et al. parts are generally cylindrical however Cho et al. elected to design the shape to be oval allowing the shape to naturally prevent twisting relative to the two parts. It would have been an obvious matter of design choice to one having ordinary skill before the effective filing date of the claimed invention to make the different portions of the cylindrical with a groove or track that prevents twisting relative to the two parts or whatever form or shape was desired or expedient with the motivation to achieve a desired cosmetic appearance. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. US 2019/0167058 (hereafter Cho et al.) in view of Conrad US 2023/0017024 (hereafter Conrad).
Regarding Claim 11, Cho et al. teaches:
11. (Original) The vacuum cleaner of claim 1, further comprising:
a handle (gripping portion 21); and
one or more energy storage cells (batteries 103a) disposed within the handle (see discussion below).
Cho et al. discloses, as shown in Figure 2, that the handle device 20 includes a fan motor unit 26 and a filter 27 that detaches from the extension member 130. Cho et al. however, elected to place the batteries inside the extension member. Therefore, although, containing the operational parts of the cleaner, Cho et al. does not disclose batteries inside the handle device 20 rendering it non-operational in scenario shown in Figure 2 where it is not attached to the extension case 131. It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention that a user would prefer to be able to operate the device without connection to a long extension attached in an environment where the long extension would be detrimental to reaching the intended target. For example, under a car seat. That being said, it would have been obvious to modify the handle device 20 taught by Cho et al. to include a second battery source that can be activated if connection to the batteries 103a, inside the extension case, is not available.
If the Cho et al. device were modified to include a battery, one with ordinary skill would look at the shape of the handle device 20 in Figure 3 and see that the most vacant space within the housing is near, or in, the gripping portion 21. The reference Conrad, discloses a stick vacuum, surface cleaning apparatus 100, that includes several embodiments for mounting batteries near, or in, the gripping portion, handle 200. In the embodiment shown in Figure 17, Conrad discloses that the handle 200 includes a battery, storage member 302, within the gripping portion of the handle that is removable from the housing that contains the fan motor and filter. Conrad provides the motivation, disclosed in Paragraph [0171], to facilitate charging or replacement of energy storage members.
Therefore, It would have been obvious to one having ordinary skill before the effective filing date of the claimed invention to modify the Cho et al. device to include a battery within the gripping portion as taught by Conrad that is additionally removable, with the motivation to make the Cho et al. device operation when detached from the extension member which allows the device to fit into tighter spaces for cleaning.
Regarding Claim 12, Cho et al. teaches:
12. (Original) The vacuum cleaner of claim 11, wherein the handle (gripping portion 21) is configured to be detachable (detachable as taught by Conrad, see Claim 11 discussion) from the vacuum cleaner (cleaner 1).
Regarding Claim 13, Cho et al. teaches:
13. (Original) The vacuum cleaner of claim 12, wherein the handle (gripping portion 21) is slidably detachable from the vacuum cleaner (cleaner 1).
As previously presented in Claim 11, it would have been obvious to modify Cho et al. to include a detachable handle with a battery located within as taught by Conrad in Figure 17. Conrad additionally discloses in Paragraph [0171] that the handle 200 can be removably mounted to main body 102 in any suitable fashion (e.g., dove-tail locking members, clips, etc.). That being said, dove-tail locking members are a form of slidable locking members. Therefore, it would have been obvious the modified device would include a handle that is slidably detachable from the vacuum cleaner by employing dove-tail locking members.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in form PTO-892 Notice of References Cited. Specifically, the prior art references include pertinent disclosures of vacuum cleaners with compressible dust bin features.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC CARLSON whose telephone number is (571)272-9963. The examiner can normally be reached Monday-Thursday 6:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BRIAN KELLER can be reached on (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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/MARC CARLSON/Primary Examiner, Art Unit 3723
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