DETAILED ACTION
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 25 June 2026 has been considered by the examiner. However, the examiner notes that the IDS documents include an extensive number of references, many of which have minimal relevance to the specifics of the claimed invention of the current application. Although the examiner has reviewed the applicant’s submitted references, the examiner does request that the applicant submit additional disclosure of any particularly relevant references to the current claimed invention for more focused review by the examiner.
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 8, 13, 14 and 18 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.
Regarding claims 8 and 18, the limitation that “air travels longitudinally above the air treatment chamber” could suggest that the airflow only travels longitudinally and/or travels above the entire air treatment chamber. However, the drawings only support that the air travels at least partially in a longitudinal[[ly]] direction above at least a portion of the air treatment chamber, and the limitations will be treated as such for the sake of the current Office Action.
Regarding claims 13 and 14, the term “debris separator” confuses the scope of the claims because it is understood to be referring to the pre-motor filter as recited in claim 10, but appears to introduce some additional structure and/or an additional pre-motor filter. As best understood by the examiner, the limitation is considered to be intended to define that the debris separator defines (or is defined by) the pre-motor filter, and will be treated as such for the sake of the current Office Action.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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 1-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conrad (8,146,201).
Conrad discloses (in Fig. 24):
1. A surface cleaner having an upper end, a lower end, a front end, a rear end and a longitudinal axis extending from the front end to the rear end, the surface cleaner comprising:(a) an air flow path extending from a dirty air inlet (312) provided at the front end to a clean air outlet (313);(b) an air treatment chamber (318) positioned in the air flow path downstream of the dirty air inlet, the air treatment chamber having an air treatment chamber air inlet (downstream from dirty air inlet 312), an air treatment chamber air outlet (central upper passage within 318) provided at the upper end of the air treatment chamber and an air treatment chamber axis (322) that extends through the air treatment chamber air outlet from a lower end of the air treatment chamber to the upper end of the air treatment chamber;(c) the upper end of the surface cleaner comprising an openable lid (not numbered but clearly shown and understood to be openable in the same manner as the lids of the other embodiments in Figs. 2,3,6,7 and 17) the openable lid houses a debris separator (242 and/or 356; both at least partially “housed” in the lid when closed in a similar manner to the applicant’s disclosed invention) that is positioned in the air flow path downstream from the air treatment chamber;(d) a handle (360) provided on the openable lid, the handle having a hand grip portion that extends longitudinally between first and second opposed ends of the handle;(e) a suction motor (330) positioned in the air flow path downstream of the debris separator that is housed in the lid, the suction motor having an air inlet end and a motor axis of rotation, wherein the motor axis of rotation is transverse to the longitudinal axis and is longitudinally spaced from the air treatment chamber axis.
2. That when the openable lid is opened, an upper end of the air treatment chamber is opened (again in the same manner as the lids of the other embodiments in Figs. 2,3,6,7 and 17).
3 and 4. That the motor axis of rotation extends through the first end of the handle and the air treatment chamber axis extends through the second end of the handle.
5. That the air inlet end of the motor faces the upper end of the surface cleaner.
6 and 7. That an axis that extends in a common direction with the longitudinal axis extends through the air treatment chamber, the suction motor and the clean air outlet (313).
8. That, in operation, air travels at least partially in a longitudinal direction (after leaving separators 342 and moving toward filters 356) above a portion of the air treatment chamber to the suction motor.
9. That the air treatment chamber comprises a cyclone chamber.
10. A surface cleaner (duplicate text from claim 1 omitted) a handle (360) provided on the upper end of the surface cleaner, (d) a pre-motor filter (342 and/or 356 both function as filters) provided in the air flow path, the pre-motor filter is provided at the upper end of the surface cleaner; and, (e) the suction motor having a motor axis of rotation and an air inlet end that faces towards the upper end of the surface cleaner, wherein the motor axis of rotation extends through the first end of the handle, and the air treatment chamber axis extends through the second end of the handle.
11. That the upper end of the surface cleaner has an openable lid.
12. That when the openable lid is opened, an upper end of the air treatment chamber is opened.
13 and 14. That a debris separator is provided at least partially in the openable lid (in the same manner as the applicant’s invention), is provided in the upper end and comprises the pre-motor filter.
15. That the pre-motor filter is visible when the upper end of the surface cleaner is opened (again in the same manner as the lids of the other embodiments in Figs. 2,3,6,7 and 17).
16 and 17. That an axis that extends in a common direction with the longitudinal axis extends through the air treatment chamber, the suction motor and the clean air outlet.
18. That, in operation, air travels at least partially in a longitudinal direction (after leaving separators 342 and moving toward filters 356) above a portion of the air treatment chamber to the suction motor.
19. That the air treatment chamber comprises a cyclone chamber.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of Farley et al. (3,320,727), Contant (5,898,971), Yung (6,484,350), Dyson (5,937,477), Pyeong (7,278,180), Hayashi et al. (7,207,083) and Timm (2,543,342) disclose cleaners having similar structure as the applicant’s claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRYAN R MULLER whose telephone number is (571)272-4489. The examiner can normally be reached M-F 8am-5pm.
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, Brian Keller can be reached at 571-272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRYAN R MULLER/Primary Examiner, Art Unit 3723 3 September 2026
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