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
Claims 21 – 40 are pending. Claims 1 – 20 are cancelled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted were filed before the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claims 21 – 26, 28 – 36 and 38 – 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Best (WO 2005/084511A1).
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 portable cleaning 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), a cyclone (cyclonic separator, 48), an energy storage member (battery pack, 104), a suction motor (motor assembly, 64), a clean air outlet (80) and a portable cleaning unit 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 portable cleaning unit (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 portable cleaning unit (16) is switched on and when the portable cleaning unit (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).
Regarding Claim 22, Best teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein, when the portable cleaning unit (16) is mounted to the upright section (19), the upright section(19) is mounted to the surface cleaning head (14), the portable cleaning unit (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 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 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 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 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 teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the power cord (100) is removably connectable to the portable cleaning unit (16; Claim 14).
Regarding Claim 29, Best teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the portable cleaning unit (16) has an electrical connector (102) that is electrically connectable to the upflow duct (42; Figs 3 and 7a).
Regarding Claim 30, Best teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the surface cleaning head (14) comprises a brush motor (brush motor, 106) and, when the portable cleaning unit (16) is mounted to the upright section (19), the upright section (19) is mounted to the surface cleaning head (14), the portable cleaning unit (16) is switched on, the brush motor (106) is operable on power provided by the portable cleaning unit (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 portable cleaning 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 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 portable cleaning unit 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 portable cleaning unit (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 portable cleaning unit (16) is switched on and when the portable cleaning unit (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).
Regarding Claim 32, Best teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein, when the portable cleaning unit (16) is mounted to the upright section (19), the upright section(19) is mounted to the surface cleaning head (14), the portable cleaning unit (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 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 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 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 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 teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the power cord (100) is removably connectable to the portable cleaning unit (16; Claim 14).
Regarding Claim 39, Best teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the portable cleaning unit (16) has an electrical connector (102) that is electrically connectable to the upflow duct (42; Figs 3 and 7a).
Regarding Claim 40, Best teaches the surface cleaning apparatus (vacuum cleaner, 10) wherein the surface cleaning head (14) comprises a brush motor (brush motor, 106) and, when the portable cleaning unit (16) is mounted to the upright section (19), the upright section (19) is mounted to the surface cleaning head (14), the portable cleaning unit (16) is switched on, the brush motor (106) is operable on power provided by the portable cleaning unit (16; Page 11. Lines 13 – 34).
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 27 and 37 are rejected under 35 U.S.C. 103 as being unpatentable over Best (WO 2005/084511A1) in view of 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 a apparatus that provides a higher suction power and consistent performance thus proving a superior cleaning of the surface.
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.
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, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATINA N. HENSON/Primary Examiner, Art Unit 3723