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 .
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.
Status of Claims
Below is the Final Action on the Merits for claims 21 – 44. Claims 1 – 20 are cancelled.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 21 – 26, 28 – 36 and 38 – 40 are rejected under 35 U.S.C. 103 as being unpatentable over Best (WO 2005/084511A1) in view of Conrad (U. S. Patent Publication No. 2016/0015230 A1).
Regarding Independent Claim 21, Best teaches a surface cleaning apparatus (vacuum cleaner, 10) comprising: a surface cleaning head (foot assembly, 14; Fig. 2) having a first dirty fluid inlet (inlet of suction nozzle, 40; Fig. 3); an upright section (upright handle assembly, 12) moveably mounted to the surface cleaning head (40) between a storage position (Fig. 1) and a reclined in use position (vacuum position, not shown but the handle is reclined to clean a surface), the upright section (12) comprising an upflow duct (air conduit, 42) having a downstream air outlet (air outlet conduit, 60); a hand vacuum cleaner unit (detachably cyclonic vacuum module, 16) removably mounted to the downstream air outlet (via 94; Figs. 1 – 3) and comprising a nozzle (nozzle of hose, 58), an assembly comprising an air treatment chamber (cyclonic separator, 48), an energy storage member (battery pack, 104), a suction motor (motor assembly, 64), a clean air outlet (80) and a hand vacuum cleaner air flow path (air flow of hose, 58) extending from the nozzle to the clean air outlet (80; Fig. 3) and, a power cord (power cord, 100) removably connectable to the surface cleaning apparatus (10; Claim 13) wherein, when the hand vacuum cleaner (16) is mounted to the upright section (19) and the upright section is mounted to the surface cleaning head (14), a surface cleaning apparatus fluid flow path extends from the first dirty fluid inlet to the clean air outlet (Fig. 3); and, wherein, when the hand vacuum cleaner (16) is switched on and when the hand vacuum cleaner (16) is removed from the upright section (19), the suction motor is operable on power provided by the energy storage member (claim 3; Page 12, lines 1 – 12).
Best does not explicitly teach an upflow duct having a downstream air outlet at an outlet end thereof; a handle and a hand vacuum cleaner hand vacuum cleaner air flow path extending from the nozzle to the clean air outlet wherein a dirt collection region of the assembly is emptiable while the assembly is connected to a remainder of the hand vacuum cleaner and wherein the hand vacuum cleaner is solely supported by an outlet end of the upflow duct when the hand vacuum cleaner is mounted to the downstream air outlet whereby the handle is a driving handle of the surface cleaning apparatus.
Conrad, however, teaches an upflow duct (wand, 132) having a downstream air outlet (Fig. 3) at an outlet end (outlet end of 132; Fig. 3) thereof; a handle (112) and a hand vacuum cleaner air flow path (Paragraph [0104]) extending from the nozzle (conduit, 128) to the clean air outlet (328) wherein a dirt collection region (cyclone bin assembly, 144) of the assembly (Fig. 15) is emptiable while the assembly is connected to a remainder of the hand vacuum cleaner (via lower wall, 172; Fig. 15) and wherein the hand vacuum cleaner (144) is solely supported by an outlet end of the upflow duct (132; Fig. 14) when the hand vacuum cleaner is mounted to the downstream air outlet (Fig. 14) whereby the handle (handle, 112) is a driving handle of the surface cleaning apparatus (Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Best to further include a downstream air outlet at an outlet end thereof; a handle and a hand vacuum cleaner hand vacuum cleaner air flow path extending from the nozzle to the clean air outlet wherein a dirt collection region of the assembly is emptiable while the assembly is connected to a remainder of the hand vacuum cleaner and wherein the hand vacuum cleaner is solely supported by an outlet end of the upflow duct when the hand vacuum cleaner is mounted to the downstream air outlet whereby the handle is a driving handle of the surface cleaning apparatus, as taught by Wilson, to provide an apparatus that allows for the dirt bin to be emptied while attached to the unit thus preventing damage to the unit by constant removal of the bin.
Regarding Claim 22, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein, when the hand vacuum cleaner (16) is mounted to the upright section (19), the upright section(19) is mounted to the surface cleaning head (14), the hand vacuum cleaner (16) is switched on and the power cord (100) is connected to the surface cleaning apparatus, the suction motor is operable on power provided by the power cord (100; Page 11, line 34 – Page 12, line 12).
Regarding Claim 23, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the power cord (100) comprises a direct current power connector whereby (Page 10, lines 18 – 34), when the power cord (100) is connected to the surface cleaning apparatus (10) and when the direct current power connector is connected to an electrical outlet (Page 11, line 34 – Page 12, line 12), power is provided to the surface cleaning apparatus (10; Page 10, lines 18 – 34).
Regarding Claim 24, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the power cord (100) comprises a power supply to convert alternating current to direct current which is then supplied to the suction motor (64; Claim 6).
Regarding Claim 25, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the suction motor (64) is operable on direct current supplied by the power cord and direct current supplied by the energy storage member (Page 11, line 34 – Page 12, line 12; claim 6).
Regarding Claim 26, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the suction motor (64) is operable on alternating current supplied by the power cord (100) and direct current supplied by the energy storage member (104; Page 11, line 34 – Page 12, line 12; claim 6).
Regarding Claim 28, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the power cord (100) is removably connectable to the hand vacuum cleaner (16; Claim 14).
Regarding Claim 29, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the hand vacuum cleaner (16) has an electrical connector (102) that is electrically connectable to the upflow duct (42; Figs 3 and 7a).
Regarding Claim 30, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the surface cleaning head (14) comprises a brush motor (brush motor, 106) and, when the hand vacuum cleaner (16) is mounted to the upright section (19), the upright section (19) is mounted to the surface cleaning head (14), the hand vacuum cleaner (16) is switched on, the brush motor (106) is operable on power provided by the hand vacuum cleaner (16; Page 11. Lines 13 – 34).
Regarding Independent Claim 31, Best teaches a surface cleaning apparatus (vacuum cleaner, 10) comprising: a surface cleaning head (foot assembly, 14; Fig. 2) having a first dirty fluid inlet (inlet of suction nozzle, 40; Fig. 3); an upright section (upright handle assembly, 12) moveably mounted to the surface cleaning head (40) between a storage position (Fig. 1) and a reclined in use position (vacuum position, not shown but the handle is reclined to clean a surface), the upright section (12) comprising an upflow duct (air conduit, 42) having a downstream air outlet (air outlet conduit, 60); a hand vacuum cleaner (detachably cyclonic vacuum module, 16) removably mounted to the downstream air outlet (via 94; Figs. 1 – 3) and comprising a nozzle (nozzle of hose, 58), an air treatment unit (cyclonic separator, 48), an energy storage member (battery pack, 104), a suction motor (motor assembly, 64), a clean air outlet (80) and a hand vacuum cleaner air flow path (air flow of hose, 58) extending from the nozzle to the clean air outlet (80; Fig. 3) and, a power cord (power cord, 100) removably connectable to the surface cleaning apparatus (10; Claim 13) wherein, when the hand vacuum cleaner (16) is mounted to the upright section (19) and the upright section is mounted to the surface cleaning head (14), a surface cleaning apparatus fluid flow path extends from the first dirty fluid inlet to the clean air outlet (Fig. 3); and, wherein, when the hand vacuum cleaner (16) is switched on and when the hand vacuum cleaner (16) is removed from the upright section (19), the suction motor is operable on power provided by the energy storage member (claim 3; Page 12, lines 1 – 12).
Best does not explicitly teach a rigid conduit having a lower end that, in use to clean a floor, is in air flow communication with the surface cleaning head, the rigid conduit and an upflow duct having a downstream air outlet at an outlet end thereof; a handle and a hand vacuum cleaner hand vacuum cleaner air flow path extending from the nozzle to the clean air outlet wherein a dirt collection region of the assembly is emptiable while the assembly is connected to a remainder of the hand vacuum cleaner and wherein the hand vacuum cleaner is solely supported by an outlet end of the upflow duct when the hand vacuum cleaner is mounted to the downstream air outlet whereby the handle is a driving handle of the surface cleaning apparatus.
Conrad, however, teaches a rigid conduit (132) having a lower end (Fig. 2) that, in use to clean a floor (Fig. 2), is in air flow communication with the surface cleaning head (136), wherein a dirt collection region (cyclone bin assembly, 144) of the assembly (Fig. 15) is emptiable while the assembly is connected to a remainder of the hand vacuum cleaner (via lower wall, 172; Fig. 15) and wherein the hand vacuum cleaner (144) is solely supported by an outlet end of the upflow duct (132; Fig. 14) when the hand vacuum cleaner is mounted to the downstream air outlet (Fig. 14) whereby the handle (handle, 112) is a driving handle of the surface cleaning apparatus (Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Best to further include a downstream air outlet at an outlet end thereof; a handle and a hand vacuum cleaner hand vacuum cleaner air flow path extending from the nozzle to the clean air outlet wherein a dirt collection region of the assembly is emptiable while the assembly is connected to a remainder of the hand vacuum cleaner and wherein the hand vacuum cleaner is solely supported by an outlet end of the upflow duct when the hand vacuum cleaner is mounted to the downstream air outlet whereby the handle is a driving handle of the surface cleaning apparatus, as taught by Wilson, to provide an apparatus that allows for the dirt bin to be emptied while attached to the unit thus preventing damage to the unit by constant removal of the bin.
Regarding Claim 32, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein, when the hand vacuum cleaner (16) is mounted to the upright section (19), the upright section(19) is mounted to the surface cleaning head (14), the hand vacuum cleaner (16) is switched on and the power cord (100) is connected to the surface cleaning apparatus, the suction motor is operable on power provided by the power cord (100; Page 11, line 34 – Page 12, line 12).
Regarding Claim 33, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the power cord (100) comprises a direct current power connector whereby (Page 10, lines 18 – 34), when the power cord (100) is connected to the surface cleaning apparatus (10) and when the direct current power connector is connected to an electrical outlet (Page 11, line 34 – Page 12, line 12), power is provided to the surface cleaning apparatus (10; Page 10, lines 18 – 34).
Regarding Claim 34, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the power cord (100) comprises a power supply to convert alternating current to direct current which is then supplied to the suction motor (64; Claim 6).
Regarding Claim 55, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the suction motor (64) is operable on direct current supplied by the power cord and direct current supplied by the energy storage member (Page 11, line 34 – Page 12, line 12; claim 6).
Regarding Claim 36, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the suction motor (64) is operable on alternating current supplied by the power cord (100) and direct current supplied by the energy storage member (104; Page 11, line 34 – Page 12, line 12; claim 6).
Regarding Claim 38, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the power cord (100) is removably connectable to the hand vacuum cleaner (16; Claim 14).
Regarding Claim 39, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the hand vacuum cleaner (16) has an electrical connector (102) that is electrically connectable to the upflow duct (42; Figs 3 and 7a).
Regarding Claim 40, Best, as modified, teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the surface cleaning head (14) comprises a brush motor (brush motor, 106) and, when the hand vacuum cleaner (16) is mounted to the upright section (19), the upright section (19) is mounted to the surface cleaning head (14), the hand vacuum cleaner (16) is switched on, the brush motor (106) is operable on power provided by the hand vacuum cleaner (16; Page 11. Lines 13 – 34).
Regarding Claims 41 and 43, Best, as modified, teaches the surface cleaning apparatus of claim 21 and 31, as discussed above.
Best does not teach wherein the dirt collection region of the assembly is emptiable while the assembly is connected to a remainder of the surface cleaning apparatus.
Conrad, however, teaches the dirt collection region (144) of the assembly (100; Fig. 2) is emptiable while the assembly is connected to a remainder of the surface cleaning apparatus (via end wall, 172; Fig. 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Best to further include the dirt collection region of the assembly is emptiable while the assembly is connected to a remainder of the surface cleaning apparatus, as taught by Wilson, to provide an apparatus that allows for the dirt bin to be emptied while attached to the unit thus preventing damage to the unit by constant removal of the bin.
Regarding Claims 42 and 44, Best, as modified, teaches the surface cleaning apparatus of claims 21 and 31, as discussed above.
Best does not teach wherein the dirt collection region of the assembly is emptiable via a pivotably openable wall of the hand vacuum cleaner.
Conrad, however, teaches wherein the dirt collection region (144) of the assembly (100) is emptiable via a pivotably openable wall (172) of the hand vacuum cleaner (100; Fig. 8).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Best to further include the dirt collection region of the assembly is emptiable via a pivotably openable wall of the hand vacuum cleaner, as taught by Wilson, to provide an apparatus that allows for the dirt bin to be emptied while attached to the unit thus preventing damage to the unit by constant removal of the bin.
Claims 27 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Best (WO 2005/084511A1) in view of Conrad (U. S. Patent Publication No. 2016/0015230 A1) and Yoo et al. (U. S. Patent Publication No. 2008/0297101 A1).
Regarding Claims 27 and 37, Best teaches the surface cleaning apparatus of claims 26 and 36 as discussed above.
Best does not teach the suction motor has dual windings.
Yoo, however, teaches an analogous cleaner (Abstract) with a motor having dual winding (Paragraph [0006]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Best to further include a motor having dual windings, as taught by Yoo, to provide an apparatus that provides a higher suction power and consistent performance thus proving a superior cleaning of the surface.
Response to Arguments
Applicant’s arguments, see Applicants Arguments/Remarks dated July 21, 2026 with respect to the rejection of claims 21 - 40 under 35 U.S.C. 102 and 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Conrad.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATINA N HENSON whose telephone number is (571)272-8024. The examiner can normally be reached Monday - Thursday; 5:30am to 3:30pm.
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/KATINA N. HENSON/Primary Examiner, Art Unit 3723
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