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 .
Response to Amendment
The Examiner acknowledges the amendments. Applicant argues Figures 2 and 5 give support to the claimed limitations of claim 30. The Examiner disagrees. Most of the embodiments do not have “wherein the openable front door is pivotally mounted to the cyclone chamber sidewall.” Most of the embodiments have the cyclone chamber within the cyclone unit. Thus the cyclone chamber unit’s sidewall has the hinge assembly which provides the pivoting support. The Examiner believes the only embodiment that has this arrangement is Figure 33. Although this isn’t new matter for the independent claims, it does affect some of the dependent claims.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a handle which ,in operation to clean the surface, extends downwardly from the main body” as discussed in claim 50 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 40 is objected to because of the following informalities:
Claim 40 should read “(d) the suction motor positioned in the air flow path”
. Appropriate correction is required.
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 30-44 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 2010/0229324) in view of Song (US 2006/ 0037479).
Regarding claim 30 Conrad discloses a hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet (Item 112) provided at a front end of the hand vacuum cleaner to a clean air outlet (Item 120):
(b) a cyclone unit (Item 114) positioned in the air flow path, the cyclone unit comprising a cyclone unit front end (Item 108) comprising a cyclone unit front end wall (Item 158), a cyclone unit rear end comprising a cyclone unit rear end wall (Items 179 and 198) and a cyclone chamber (Item 122), the cyclone chamber having a cyclone chamber front end, a spaced apart cyclone chamber rear end (Items 196 and 198), a cyclone chamber sidewall extending longitudinally between the cyclone chamber front end and the cyclone chamber rear end (Item 142), a longitudinally extending cyclone axis of rotation which intersects the cyclone unit front wall and the cyclone unit rear wall, and a cyclone air outlet located at the cyclone chamber rear end (to Item 162); and,
(c) a suction motor (Item 164) positioned in the air flow path,
wherein the cyclone unit has an openable front door (Paragraphs 57-60), the openable front door comprises the cyclone unit front end wall, the air flow path comprises a conduit extending through the cyclone unit front end wall and the tangential air inlet is located in the cyclone chamber adjacent the cyclone unit front end wall whereby.
Conrad fails to explicitly disclose a tangential air inlet located at the cyclone chamber front end; when the openable front door is moved to the open position, the conduit and the tangential air inlet move with the openable front door; AND wherein the openable front door is pivotally mounted to the cyclone chamber sidewall.
Song teaches a vacuum cleaner wherein a tangential air inlet (Item 331) located at the cyclone chamber front end (Item 130 is considered the front end); when the openable front door is moved to the open position (Figure 2 clearly shows Item 330 is pivotally connected to 310), the conduit and the tangential air inlet move with the openable front door (pins of the hinge are located to the sides of Item 331); AND wherein the openable front door is pivotally mounted to the cyclone chamber sidewall (Figure 2; Paragraphs 44 and 49 discuss how components can be integrally formed or formed separate). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute Conrad such that the inlet was located on the opening door and the cyclone being integrally formed as taught by Song. Such a modification would lead one skilled in the art would lead to the predictable result of the cyclone properly working and when the door is open, the user being able to clean and manage the cyclone member (Paragraph 36). Further, making parts integral/separable to each other has been held to be within of one skilled in the art (see MPEP 2144.04).
Regarding claim 31 and 41, Conrad in view of Song disclose the hand vacuum cleaner of claim 30 wherein the cyclone unit further comprises a dirt collection chamber (Conrad Item 124) exterior to the cyclone chamber and in communication with the cyclone chamber via a dirt outlet (Conrad Paragraph 54), wherein when in an open position, the cyclone chamber and the dirt collection chamber are both opened (Conrad Figure 5b).
Regarding claim 32 and 42, Conrad in view of Song disclose the disclose the hand vacuum cleaner of claim 30 wherein the cyclone air outlet comprises a vortex finder which extends forwardly through the cyclone chamber to the tangential air inlet (Conrad Paragraph 53).
Regarding claim 33 and 43, Conrad in view of Song disclose the hand vacuum cleaner of claim 32 wherein a forward end of the vortex finder is located adjacent a rear end of the tangential air inlet (Conrad Item 174 is adjacent Item 158).
Regarding claim 34 and 44, Conrad in view of Song disclose the hand vacuum cleaner of claim 30 wherein the cyclone unit rear end is openable (Conrad Figure 7b).
Regarding claim 35, Conrad in view of Song disclose the hand vacuum cleaner of claim 34. As currently combined Conrad fails to explicitly disclose wherein the cyclone unit rear end is rotationally openable.
Song further teaches opposite the front end (Item 330), the rear end (Item 350) is rotatably openable (Item 351). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Conrad to have the rear end openable as taught by Song. Such a medication would allow a user to open the cyclone chamber and easily access all the components and be able to easily assemble the cyclone without the need for tools.
Regarding claim 36 and 46, Conrad in view of Song disclose the hand vacuum cleaner of claim 35 wherein the openable front door is rotationally openable (Conrad Paragraphs 57-60).
Regarding claim 37 and 47, Conrad in view of Song disclose the hand vacuum cleaner of claim 30 wherein the tangential air inlet is located at a radial outer side of the cyclone chamber (Song Figure 2 shoes the inlet at 331 and the cyclone chamber at 313 to the side of 331. Similarly the inlet of Conrad its located to the side of the cyclone chamber).
Regarding claim 38 and 48, Conrad in view of Song disclose the hand vacuum cleaner of claim 30 wherein the tangential air inlet comprises a flow path extending between a front side and a rear side that is located in the cyclone chamber, and the front side is located adjacent the front end wall (Song Figure 2 shoes the inlet at 331 and the cyclone chamber at 313 to the side of 331).
Regarding claim 39 and 49, Conrad in view of Song disclose the hand vacuum cleaner of claim 30 wherein the tangential air inlet comprises a flow path extending between a front side and a rear side that is located in the cyclone chamber, and the front end wall forms the front side of the flow path (Song Figure 2).
Regarding claim 40, Conrad discloses a surface cleaning apparatus comprising:
(a) an air flow path extending from a dirty air inlet to a clean air outlet:
(b) a main body (Item 160) housing a suction motor
(c) an air treatment member which, in operation to clean a surface, is in air flow communication with the main body , the air treatment member comprises comprising an air treatment member first end comprising an air treatment member first end wall (Item 108), an air treatment member second end comprising an air treatment member second end wall (Item 198), an air treatment member sidewall extending longitudinally between the air treatment member first end and the air treatment member second end (Item 142), and an air treatment chamber, the air treatment chamber having an air treatment chamber first end, a spaced apart cyclone air treatment chamber second end (at Item 198), wherein, in operation to clean the surface, air exits the air treatment chamber through an air treatment chamber air outlet that is located at the air treatment chamber second end (to Item 162); and,
(d) the suction motor positioned in the air flow path,
wherein the air treatment member has an openable door (Paragraphs 57-60), the openable door comprises the air treatment member first end wall, ,
and wherein the air treatment member sidewall is removable from the main body (Figure 7b), and the openable door moves with the air treatment member sidewall when the air treatment member sidewall is removed from the main body.
Conrad fails to explicitly disclose air enters the air treatment chamber at the air treatment chamber first end; the air flow path comprises a conduit provided on the air treatment member first end wall whereby, when the openable door is moved to the open position, the conduit move with the openable door.
Song teaches a vacuum wherein air enters the air treatment chamber at the air treatment chamber first end; the air flow path comprises a conduit provided on the air treatment member first end wall whereby, when the openable door is moved to the open position, the conduit move with the openable door (Item 331 is located on 330 which is pivotally connected to 310). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute Conrad such that the inlet was located on the opening door and the cyclone being integrally formed as taught by Song. Such a modification would lead one skilled in the art would lead to the predictable result of the cyclone properly working and when the door is open, the user being able to clean and manage the cyclone member (Paragraph 36). Further, making parts integral/separable to each other has been held to be within of one skilled in the art (see MPEP 2144.04).
Claims 50-52 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 2010/0229324) in view of Song (US 2006/ 0037479) in view of Groff (US 2010/0115726)
Regarding claim 50, Conrad in view of Song disclose the surface cleaning apparatus of claim 40. Conrad fails to explicitly disclose further comprising a handle which ,in operation to clean the surface, extends downwardly from the main body.
Groff teaches a vacuum wherein a handle which, in operation to clean the surface, extends downwardly from the main body (Item 450 extends from a top portion down to a bottom potion of the main body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Conrad to include a handle as taught by Groff such that the handle extended downwardly from a portion of the body. Handles exist in all shapes and sizes. Depending on the overall shape of the vacuum cleaner, the handle should be ergonomic for the user. The height and shape of users, as well as the surfaces they are intending to clean, dramatically changes. Thus the position and shape of the handle should be easy for the user to use, which means for different intended uses of vacuums, the handles can differ. Lastly there is no discussion of the handle, what is considered downwardly extending, or benefits to its location.
Regarding claim 51, Conrad in view of Song disclose the surface cleaning apparatus of claim 40. Conrad fails to explicitly disclose further comprising an on board energy storage device.
Groff teaches a vacuum comprising an on board energy storage device (Paragraph 19). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Conrad to include a battery as taught by Groff. Such a modification would allow a user to not rely upon a power cord, which increases the mobility of the vacuum cleaner.
Regarding claim 52, Conrad in view of Song in view of Groff disclose the surface cleaning apparatus of claim 50 wherein the air treatment chamber air outlet comprises a screen that extends to the air treatment chamber air inlet (Conrad Paragraph 53, Groff Item 230).
Response to Arguments
Applicant’s arguments, filed 8/20/2026, with respect to the rejection(s) of claim(s) 30 and 40 under Murphy in view of Conrad have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Conrad in view of Song.
Conclusion
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 TOM R RODGERS whose telephone number is (313)446-4849. The examiner can normally be reached Monday thru Friday 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOM RODGERS/Primary Examiner, Art Unit 3723
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