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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “air moving member” in claim 7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14 and 15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites: “as the floor standing unit is docked with the floor standing unit.” And it is unclear how the same object is docked with the same object, as claimed. The examiner believes it is meant to recite as “the hand vacuum cleaner is docked with the floor standing unit”, and has been interpreted as so.
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 1, 3, 4, 7, 12-19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Downham (US 6122796 A).
Referring to claim 1: Downham discloses an apparatus comprising:
(a) a hand vacuum cleaner (2 Fig. 1) having an upper end (left end of 2 shown in Fig. 1), a lower end (right end of 2 shown in Fig. 1), a front end (end of 24 Fig. 2) and a rear end (rear end of 13), the hand vacuum cleaner comprising:
(i) an air flow path extending from a dirty air inlet (inlet of 20) to a clean air outlet (115 Fig. 7), the dirty air inlet (inlet of 20) is provided at the front end (end of 24 Fig. 2) of the hand vacuum cleaner;
(ii) a main body (main body of 2 Fig. 1) comprising a front end (end of 24 Fig. 2), a rear end (rear end of 13) and a main body axis (axis of 2 running from end of 24 through the center of 22 to an end of 13) that extends between the front (end of 24 Fig. 2) and rear ends (rear end of 13) of the main body,
the main body housing a suction motor and fan assembly (22 Fig. 1), the suction motor and fan assembly having a suction motor axis of rotation (rotation axis of 22); and,
(iii) an air treatment assembly (20, 21, 23 Figs. 1 and 2; and 115 Fig. 7) positioned in the air flow path, the air treatment assembly comprising an air treatment chamber (20 Figs. 1 and 2) and a dirt collection region (region of 20 Figs. 1 and 2), the air treatment assembly having an openable door (23 and 25 Figs. 1-4) that is rotatable from a closed vacuuming position to an open dirt emptying position, wherein, in the open position, the door opens only a portion of the front end (end of 24 Fig. 2) of the hand vacuum cleaner; and,
(iv) a handle (13 Fig. 1); and,
(b) a floor standing unit (1 Fig. 1) having a dirt collection chamber (9 and 18 Fig. 1 and 7A Fig. 4) and a dirt inlet port (18 Fig. 1),
wherein the hand vacuum cleaner (2 Fig. 1) is dockable with the floor standing unit (1 Fig. 1) and, when the hand vacuum cleaner is docked with the floor standing unit and the openable door (23 and 25 Figs. 1-4) is opened,
the door (23 and 25 Figs. 1-4) rotates into the dirt inlet port (18 Fig. 1) of the floor standing unit and dirt collected in the dirt collection region is transferrable to the dirt collection chamber ((9 and 18 Fig. 1 and 7A Fig. 4) of the floor standing unit (1 Fig. 1), and wherein, when the hand vacuum cleaner (2 Fig. 1) is docked with the floor standing unit (1 Fig. 1), the dirty air inlet (inlet of 20) faces downwardly and is connected to a wand (30 Fig. 1).
Referring to claim 3: Downham discloses the apparatus of claim 1 wherein the handle (13 Fig. 1) comprises a pistol grip handle (shown in Fig. 1), an inlet conduit (inlet conduit of 20) extends from the dirty air inlet (inlet of 20) to the air treatment chamber (20 Figs. 1 and 2) of the air treatment assembly (20, 21, 23 Figs. 1 and 2; and 115 Fig. 7) and, when the inlet conduit (inlet conduit of 20) is oriented horizontally (shown in Fig. 1-A inserted below), the pistol grip handle (13 Fig. 1) extends upwardly and forwardly (shown in Fig. 1-A inserted below).
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Referring to claim 4: Downham discloses the apparatus of claim 1 wherein, when the main body axis main body axis is oriented horizontally, the suction motor axis of rotation (rotation axis of 22) is also oriented horizontally (shown above in Fig. 1-A).
Referring to claim 7: Downham discloses the apparatus of claim 1 wherein the only air moving member (when 2 is separated from 1 and used for cleaning) of the apparatus is the suction motor (22 Fig. 1).
Referring to claim 12: Downham discloses the apparatus of claim 1 wherein the openable door (23 and 25 Figs. 1-4) is automatically moved to the dirt emptying position (shown in Fig. 3) as the hand vacuum cleaner (2 Fig. 1) is docked with the floor standing unit (1 Fig. 1).
Referring to claim 13: Downham discloses the apparatus of claim 1 wherein the dirt collection chamber (9 and 18 Fig. 1 and 7A Fig. 4) of the floor standing unit (1 Fig. 1) is automatically connected in communication with a dirt outlet (31A Fig. 4) of the air treatment assembly (20, 21, 23 Figs. 1 and 2; and 115 Fig. 7) when the hand vacuum cleaner (2 Fig. 1) is docked with the floor standing unit (1 Fig. 1).
Referring to claim 14: Downham discloses the apparatus of claim 13 wherein an upper end (shown in Fig. 4) of the dirt collection chamber (9 and 18 Fig. 1 and 7A Fig. 4) of the floor standing unit (1 Fig. 1) has an engaging portion (26 Fig. 3) that drives the openable door (23 and 25 Figs. 1-4) to the dirt emptying position as the floor standing unit (hand vacuum cleaner 2 Fig. 1) is docked with the floor standing unit (1 Fig. 1).
Referring to claim 15: Downham discloses the apparatus of claim 14 wherein the engaging portion (26 Fig. 3) extends upwardly.
Referring to claim 16: Downham discloses the apparatus of claim 1 wherein the openable door (23 and 25 Figs. 1-4) is biased to the closed vacuuming position (“fulcrum 25 and biassed towards the collection mouth 31 so as to close the mouth.” Col. 6, lines 15-16).
Referring to claim 17: Downham discloses the apparatus of claim 1 wherein an upper end of floor standing unit has an upwardly extending rear wall (26 Fig. 3), which has the dirt inlet port (18 Fig. 1).
Referring to claim 18: Downham discloses the apparatus of claim 1 wherein the upper end (shown in Fig. 2-A inserted below) of the floor standing unit (1 Fig. 1) has a generally horizontal support portion (HSP Fig. 2-A inserted below) on which the hand vacuum cleaner seats when the hand vacuum cleaner (2 Fig. 1) is docked with the floor standing unit (1 Fig. 1).
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Referring to claim 19: Downham discloses the apparatus of claim 18 wherein the generally horizontal support portion (HSP Fig. 2-A inserted above) has a vertically extending generally U-shaped recess (shown in Fig. 2-A inserted above).
Referring to claim 21: Downham discloses the apparatus of claim 1 wherein, in the open position, the door (20, 21, 23 Figs. 1 and 2; and 115 Fig. 7) opens a lower half (shown in Fig. 3-A inserted below) of the front end (end of 24 Fig. 2) of the air treatment assembly (20, 21, 23 Figs. 1 and 2; and 115 Fig. 7).
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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 2, 8, 9, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Downham (US 6122796 A) and BESKOW (US 20080040883 A1).
Referring to claim 2: Downham discloses the apparatus of claim 1, but is silent on wherein the air treatment assembly is removably mounted to the main body.
BESKOW teaches an analogous apparatus wherein the air treatment assembly (1006 and 1032 Fig. 10A) is removably mounted (shown in Fig. 10A) to the main body (main body of 104).
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 Downham with the removable air treatment assembly as taught by BESKOW for the purpose of simplifying the maintenance of the vacuum cleaner.
Referring to claim 8: Downham discloses the apparatus of claim 1, but is silent on wherein the air treatment chamber comprises a cyclone and the cyclone has a cyclone axis of rotation that is parallel to the main body axis.
BESKOW teaches an analogous apparatus wherein the air treatment chamber (1006 Fig. 10A) comprises a cyclone (1032 Fig. 10A) and the cyclone has a cyclone axis of rotation that is parallel to the main body axis (shown below in Fig. 4-A inserted below and can also be seen in Fig. 11A).
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 Downham with the cyclone and its configuration as taught by BESKOW for the purpose of having a cyclone which further assists in filtering dust/ debris and configured optimally to minimize flow losses.
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Referring to claim 9: Downham as modified teaches the apparatus of claim 8, wherein the cyclone axis of rotation is parallel to the suction motor axis of rotation (shown above in Fig. 4-A inserted below and can also be seen in Fig. 11A with similar configuration motor 1110).
Referring to claim 20: Downham discloses the apparatus of claim 1, but is silent on wherein the dirt collection region comprises a dirt collection chamber that is exterior to the air treatment chamber.
BESKOW teaches an analogous apparatus wherein the dirt collection region (114, 966, and 970 Fig. 10A) comprises a dirt collection chamber (966 Fig. 10A) that is exterior to the air treatment chamber (1006 Fig. 10A).
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 Downham with the dirt collection region and external configuration dirt collection chamber as taught by BESKOW for the purpose of having an alternate flowing chamber which is also capable of collecting and storing dust/ debris.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Downham (US 6122796 A) and Won (US 8572799 B2).
Referring to claim 5: Downham teaches an apparatus comprising:
(a) a hand vacuum cleaner (2 Fig. 1) having an upper end (left end of 2 shown in Fig. 1), a lower end (right end of 2 shown in Fig. 1), a front end (end of 24 Fig. 2) and a rear end (rear end of 13), the hand vacuum cleaner comprising:
(i) an air flow path extending from a dirty air inlet (inlet of 20) to a clean air outlet (115 Fig. 7), the dirty air inlet (inlet of 20) is provided at the front end (end of 24 Fig. 2) of the hand vacuum cleaner (2 Fig. 1);
(ii) a main body (main body of 2 Fig. 1) comprising a front end (end of 24 Fig. 2), a rear end (rear end of 13) and a main body axis (axis of 2 running from end of 24 through the center of 22 to an end of 13) that extends between the front (end of 24 Fig. 2) and rear ends (rear end of 13) of the main body (main body of 2 Fig. 1), the main body housing a suction motor and fan assembly (22 Fig. 1), the suction motor and fan assembly having a suction motor axis of rotation (rotation axis of 22); and,
(iii) an air treatment assembly (20, 21, 23 Figs. 1 and 2; and 115 Fig. 7) positioned in the air flow path, the air treatment assembly comprising an air treatment chamber (20 Figs. 1 and 2) and a dirt collection region (region of 20 Figs. 1 and 2), the air treatment assembly having an openable door (23 and 25 Figs. 1-4) that is moveable from a closed vacuuming position to an open dirt emptying position; and,
(iv) a handle (13 Fig. 1): and,
(b) a floor standing unit (1 Fig. 1) having a dirt collection chamber (8 Fig. 1) and a dirt inlet port (18 Fig. 1), wherein the hand vacuum cleaner (2 Fig. 1) is dockable with the floor standing unit (1 Fig. 1) and, when the hand vacuum cleaner is docked with the floor standing unit and the openable door (23 and 25 Figs. 1-4) is opened and dirt collected in the dirt collection region (region of 20 Figs. 1 and 2) is transferrable to the dirt collection chamber (8 Fig. 1) of the floor standing unit.
But is silent on wherein the dirt collection chamber of the floor standing unit is removable for emptying.
Won in an analogous apparatus teaches wherein the similar configuration dirt collection chamber of the floor standing unit is removable for emptying (“the cleaning bin 150 is received by a bin receptacle 152 defined by the housing 120. A station cover 110 pivotally attached to the housing 120 encloses the bin receptacle 152. In some cases, the top of the housing 120 defines the bin receptacle 152 and receives the station cover 110. In other cases, the rear or side of the housing 120 defines the bin receptacle 152 and receives the station cover 110. In some examples, the station cover 110 is unhinged from the housing 120 for servicing the bin 150.” Col. 6, lines 19-27).
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 Downham with the removable chamber as taught by Won for the purpose of simplifying the process of cleaning/ servicing the dirt collecting chamber.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Downham (US 6122796 A) and Won (US 8572799 B2), as applied above in in claim 5, and in further view of Kang (US 8713752 B2).
Referring to claim 6: Downham as modified teaches the apparatus of claim 5, but is silent on wherein the dirt collection chamber of the floor standing unit has an openable portion and the dirt collection chamber of the floor standing unit is removable for emptying with the openable portion in a closed position.
Kang in an analogous dirt collection chamber (1210 Fig. 20; “the dust tank 1210 is mounted on the main body.” Col. 12, line 45) of the floor standing unit (10 Fig. 1) has an openable portion (1221 Fig. 20) and the dirt collection chamber (1210 Fig. 20) of the floor standing unit is removable for emptying with the openable portion in a closed position (shown in Fig. 20).
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 dirt collection chamber with the openable portion as taught by Kang for the purpose of further assisting the user when emptying the chamber and preventing accidental spillage in doing so.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m..
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CHRISTOPHER SOTO
Examiner
Art Unit 3723
/CHRISTOPHER SOTO/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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