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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
(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 15-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The feature recited in claim 15 is not in included in the Drawings or Specification, therefore, one of ordinary skill cannot make/use the invention. Claims 16-20 are rejected for depending on claim 15.
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 1-10 and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conrad (US 2020/0122161).
As to claim 1, Conrad includes a hand vacuum cleaner (100; Fig. 4) having a front end (116), a rear end (120), an upper end (104) and a lower end (124) [para 293], the hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet (100) to a clean air outlet (112) [para 293];
(b) a main body housing a suction motor (114) that is positioned in the air flow path, the suction motor having a motor axis of rotation (115) [para 293];
(c) a cyclone unit provided in the air flow path, the cyclone unit comprising a cyclone chamber (The space within 130/132) and a dirt collection chamber (134) external to the cyclone chamber (para 295), the cyclone chamber having a cyclone air inlet (174), a cyclone air outlet (208), a dirt outlet (250; para 391), a cyclone chamber front end (at 168), a cyclone chamber rear end (at 184), a cyclone axis of rotation (138) extending between the front and rear ends of the cyclone chamber, and a cyclone sidewall (172) located between the cyclone chamber front end and the cyclone chamber rear end (Fig. 4); and,
(d) a handle (160),
wherein the cyclone sidewall extends between the cyclone chamber and a first portion (The portion having length 180) of the dirt collection chamber that is radially positioned from the cyclone chamber, and wherein the dirt outlet comprises an opening in the cyclone sidewall that opens into the first portion of the dirt collection chamber (Fig. 4), and
wherein the dirt outlet has a perimeter defined by a plurality of walls including the cyclone sidewall, and one or more walls (168) defining a first part of the perimeter of the dirt outlet are moveable relative to one or more walls (172) defining a second part of the perimeter of the dirt outlet from a closed position to an open position in which a size of the dirt outlet is increased (Fig. 4 shows the dirt outlet as small and Fig. 6 as large and having door 162 opened).
As to claim 2, wherein the front end of the cyclone unit is openable (Fig. 6 shows the open position).
As to claim 3, when the front end is opened, the cyclone chamber and the dirt chamber are opened (Fig. 6 shows the open position).
As to claim 4, wherein the cyclone unit is openable and, when the cyclone unit is opened, the one or more walls defining the first part of the perimeter of the dirt outlet are moved to the open position (Fig. 6 shows the open position).
As to claim 5, when the cyclone unit is opened, the cyclone chamber and the dirt chamber are opened (Fig. 6 shows the open position).
As to claim 6, wherein the dirt collection chamber comprises a second portion (The portion of 134 between the righthand side of 180 and 162) that is axially spaced from the cyclone chamber (Fig. 4).
Claim 7 is the same as claim 6.
As to claim 8, further comprising an openable door (162) wherein the openable door comprises an axially extending portion (168; Fig. 4) of a sidewall (270; Fig. 6) of the cyclone unit.
Claim 9 is the same as claim 8.
As to claim 10, wherein the handle is a pistol grip handle (160 is a pistol style handle).
As to claim 12, wherein an energy storage pack (158) is provided on a lower end of the pistol grip handle (Fig. 5).
As to claim 13, A hand vacuum cleaner (100; Fig. 4) having a front end (116), a rear end (120), an upper end (104) and a lower end (124) [para 293], the hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet (100) to a clean air outlet (112) [para 293];
(b) a main body (102) housing a suction motor (114) that is positioned in the air flow path, the suction motor having a motor axis of rotation (115) [para 293];
(c) an air treatment unit provided in the air flow path, the air treatment unit comprising an air treatment chamber (The space within 130/132) and a dirt collection chamber (134) external to the air treatment chamber (para 295), the air treatment chamber having an air treatment chamber air inlet (174), an air treatment chamber air outlet (208), a dirt outlet (250; para 391), an air treatment chamber first end (at 168), an air treatment chamber second end (at 184), an air treatment chamber axis (138) extending between the first and second ends of the air treatment chamber, wherein the air treatment unit comprises an openable door (162) that is rotationally moveable between a closed position (Fig. 4 shows the closed position) in which the hand vacuum cleaner is operable to clean a surface and an open position (Fig. 6 shows the open position) in which the air treatment chamber is opened; and,
(d) a pistol grip handle (160),
wherein the air treatment chamber sidewall extends between the air treatment chamber and a first portion (The portion having length 180) of the dirt collection chamber that is radially positioned from the air treatment chamber, and wherein the dirt outlet comprises an opening in the air treatment chamber sidewall that opens into the first portion of the dirt collection chamber (Fig. 4), and wherein the dirt outlet has a perimeter defined by a plurality of walls including the air treatment chamber sidewall, and one or more walls (168) defining a first part of the perimeter of the dirt outlet are moveable relative to one or more walls (172) defining a second part of the perimeter of the dirt outlet from a closed position in which the hand vacuum cleaner is operable to clean the surface to an open position in which a size of the dirt outlet is increased (Fig. 4 shows the dirt outlet as small and Fig. 6 as large and having door 162 opened) and the one or more walls defining the first part of the perimeter of the dirt outlet are moved to the open position when the air treatment chamber is opened (Fig. 6 shows the open position).
As to claim 14, when the openable door is opened, the air treatment chamber and the dirt chamber are opened (Fig. 6 shows the open position).
As to claim 15, wherein the openable door is rotatably mounted about a rotational axis (262; para 394 and Fig. 6) that extends in a common direction with the air treatment chamber axis (now understood as a horizontal line going into the page and through the space within 130/132).
Claim 16 is the same as claim 12.
As to claim 17, wherein an upper end of the pistol grip handle is mounted to a remainder of the hand vacuum cleaner (Fig. 4).
As to claim 18, wherein the upper end of the pistol grip handle is mounted to the remainder of the hand vacuum cleaner at a location below the suction motor (Fig. 4).
As to claim 19, wherein the air treatment chamber comprises a cyclone chamber (para 295).
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 11 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad (US 2020/0122161) [Fig. 1-8 embodiment] in view of Conrad [Fig. 21-22 embodiment].
As to claim 11, Conrad [Fig. 1-8 embodiment] includes the pistol grip handle being provided on a lower surface of the hand vacuum cleaner (Fig. 1 and 4).
Conrad [Fig. 1-8 embodiment] does not include wherein the openable door is rotatable mounted at an upper end of the openable door.
Conrad [Fig. 21-22 embodiment] includes a hand vacuum cleaner having an openable door (162) is rotatable mounted at an upper end of the openable door (para 423-424).
It would have been obvious to modify the openable door of Conrad (Fig. 1-8 embodiment) to be rotatable mounted at an upper end of the openable door, as taught by Conrad (Fig. 21-22 embodiment), in order to provide a suitable alternative door hinge location, providing less force exerted on the hinge once the door is swung open.
As to claim 20, Conrad [Fig. 1-8 embodiment] does not include wherein the openable door is rotatable mounted at an upper end of the rotatable mounted at an upper end of the openable door openable door. The combination used is the same as claim 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica S. 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.
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/ANDREW A HORTON/Primary Examiner, Art Unit 3723
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