DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on July 15, 2024. Claims 1 – 8 are pending and currently being examined.
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
Claims 9 – 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Group II (i.e. drawn to a Method of Using An Interchangeable Harness Assembly) and Group III (i.e. drawn to a Harness Assembly), there being no allowable generic or linking claims. Applicant timely traversed the restriction (election) requirement in the reply filed on December 19, 2025.
Applicant’s election with traverse of Group I in the reply filed on January 12, 2026 is acknowledged.
The traversal is on the ground(s) that the claims within each group recite common elements including, among other features, upper mounting plate, a lower mounting plate, a harness assembly, an upper support assembly including an upper back pad, and a lower support assembly including a lower back pad. The search and examination of the entire application (including Groups I, II and III) can therefore be made without serious burden.
This is NOT found persuasive because for the following reason(s):
Examiner respectfully disagrees with this assertion because Claims 1 – 8 are drawn to a Vacuum cleaner system. Claim 1, lines 1 – 8 set forth (i.e. a vacuum cleaner comprising: a housing; a debris chamber defined within the housing; a motor assembly connected to the housing and operable to generate airflow through the debris chamber; an upper mounting plate connected to the housing; and a lower mounting plate connected to the housing).
The structural limitations of a Vacuum Cleaner System as set forth CANNOT be searched within the classification queries of the harness assembly having an upper support assembly and a lower support assembly wherein the upper and lower support assemblies include an upper back pad and a lower back pad.
Secondly, Claims 9 – 16 are drawn to a method of using an interchangeable harness assembly.
The method steps and processes limitations of using an interchangeable harness assembly having an upper support assembly and a lower support assembly wherein the upper and lower support assemblies include an upper back pad and a lower back pad as set forth CANNOT be searched within the utility classification queries of the vacuum cleaner system.
Furthermore, all the inventions listed in the action are independent or distinct for the reasons given above and there would be serious search and / or examination burden if restriction were not required because one or more of the following reasons apply:
1) the invention has acquired a separate status in the art in view of their different classification.
2) the invention have acquired a separate status in the art due to their recognized divergent subject matter as a product and process.
3) the inventions require a different field of search (for example, searching different classes / sub-classes or electronic resources, or employing different search queries) due to differences between the product and process.
Therefore, the requirement is still deemed proper and is therefore made FINAL.
Claims 9 – 16 & 17 – 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a non-elected invention, there being no allowable generic or linking claims.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3, 5, 6, 7, 9, 15, 18 & 19 of U.S. Patent No. 12,064,026 B2) to Wilsey et al., in view of (U.S. Patent Publication Number 2019 / 0000287 A1) to Duong et al.
Regarding claim 1, Wilsey et al., discloses an upper mounting plate (182); and
the lower mounting plate (184); and
the harness assembly (100) comprising:
an upper support assembly (110) including an upper back pad (114), at least one shoulder strap (116 & 118) emanating from the upper back pad (114), an upper pocket (300) in which the upper mounting plate (182) is received, and an upper flap (302) selectively connectable to the upper pocket (300) to close the upper pocket (300) and retain the upper mounting plate (182) within the upper pocket (300); and
the lower support assembly (112) including the lower back pad (120), the waist belt (122) emanating from the lower back pad (120), the lower pocket (320) in which the lower mounting plate (184) is received, and the lower flap (322) selectively connectable to the lower pocket (320) to close the lower pocket (320) and retain the lower mounting plate (184) within the lower pocket (320) (See Figures 1, 2, 4 & 16).
However, Wilsey et al., does NOT explicitly disclose the vacuum cleaner system comprising: the vacuum cleaner comprising: the housing; the debris chamber defined within the housing; the motor assembly connected to the housing and operable to generate airflow through the debris chamber.
Duong et al., teaches the vacuum cleaner system (10) comprising: the vacuum cleaner (12 / 62) comprising: the housing (22); the debris chamber (26) defined within the housing (22); the motor assembly (35) connected to the housing (22) and operable to generate airflow through the debris chamber (26) (See Figures 1 & 4); the upper mounting plate (65 / 68) connected (i.e. via (16, 17, 29, 30 & 31) in Figure 1) to the housing (22) (See Figure 8); and the harness assembly (61 / 90) removably connectable (i.e. via (92) in Figure 4) to the vacuum cleaner (62) (See Paragraph 0086) (See Figures 1, 4 & 7) for the purpose of positioning the vacuum cleaner adjacent the back of the user (See Abstract).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the vacuum cleaner system comprising: the vacuum cleaner comprising: the housing; the debris chamber defined within the housing; the motor assembly connected to the housing and operable to generate airflow through the debris chamber as taught by Duong et al., with the harness assembly of Wilsey et al., in order to position the vacuum cleaner adjacent the back of the user (See Abstract).
Regarding claim 2, Wilsey et al., discloses wherein the upper mounting plate (182) and the lower mounting plate (184).
Furthermore, Wilsey et al., as modified by Duong et al., discloses wherein the upper mounting plate (65 / 68) is removably connected (i.e. via (29, 30 & 31) in Figure 1) to the housing (22) (See Figures 1, 4 & 8).
Regarding claim 3, Wilsey et al., discloses wherein the upper mounting plate includes an upper frame (250) including the keyed boundary (224) defining a keyed bore (222) that extends though the upper frame (250).
Regarding claim 4, Wilsey et al., discloses including the keyed shaft, and wherein the keyed boundary defining the keyed bore is accessible through an upper aperture (316) defined in the upper pocket (300), such that the keyed shaft extends through the upper aperture (316) and into the keyed bore when the upper mounting plate (182) is within the upper pocket (300).
Furthermore, Wilsey et al., as modified by Duong et al., discloses wherein the vacuum cleaner (12 / 62) (See Figures 1 & 4).
Regarding claim 5, Wilsey et al., discloses wherein including the lower shoulder strap mount (186) that is rotatably connected to the lower mounting plate (184).
Furthermore, Wilsey et al., as modified by Duong et al., discloses wherein the vacuum cleaner (12 / 62) (See Figures 1 & 4).
Regarding claim 6, Wilsey et al., discloses wherein the at least one shoulder strap (116 or 118) includes the second end (240) adjustably connected to the lower shoulder strap mount (186).
Regarding claim 7, Wilsey et al., discloses wherein the lower mounting plate (184) includes the lower frame (260) and an annular wall (218 & 230) from extending the lower frame (260), wherein the lower pocket (320) includes the lower aperture (336) sized and shaped to receive at least a portion of the annular wall (218 & 230) such that the annular wall (218 & 230) extends out of the lower pocket (320) through the lower aperture (336) when the lower mounting plate (184) is within the lower pocket (320).
Regarding claim 8, Wilsey et al., discloses wherein at least one of the upper support assembly (110) and the lower support assembly (112) includes an auxiliary pocket (334).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan J. Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734