Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “air treatment unit”, “air treatment chamber”, “sidewall”, “main body”, “securable end”, “rotatable end”, etc. in claims 1 and 9. The Examiner suggests confirming claimed subject matter antecedent basis within the originally filed disclosure.
Claim Objections
Claims 1, 4, 8-9, 12, and 14-17 are objected to because of the following antecedent basis informalities:
Claim 1, ll. 10, consider amending to, --to an air treatment unit front end, [[the]]a front end of the sidewall defining an opening—
Claim 1, ll. 12, consider amending to, --comparable to a cross sectional area of the openable door, and the opening extends in a—
Claim 4, ll. 1, consider amending to, --The hand vacuum cleaner of claim 3 wherein when the openable door is closed, the hand—
Claim 8, ll. 1, consider amending to, --The hand vacuum cleaner of claim 7 wherein when the openable door is closed, the hand—
Claim 9, ll. 10, consider amending to, --to an air treatment unit front end, [[the]]a front end of the sidewall defining an opening—
Claim 12, ll. 1, consider amending to, --The hand vacuum cleaner of claim 11 wherein when the openable door is closed, the hand—
Claim 14, ll. 2, consider amending to, --comparable to a cross-sectional area of the openable door.—
Claim 15, ll. 2, consider amending to, --comparable to a cross-sectional area of the openable door.—
Claim 16, ll. 2, consider amending to, --comparable to a cross sectional area of the openable door.—
Claim 17, ll. 1, consider amending to, --The hand vacuum cleaner of claim 7 wherein when the openable door is closed, the hand—
Appropriate correction is required.
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 6 and 9-16 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 6 recites the limitation "further comprising a handle" in ll. 1 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 1, which claim 6 depends from, already requires “a handle” within the main body (ll. 4 of the claim 1). It is unclear to the Examiner whether “a handle” in claim 6 is a new, separate handle from the handle in claim 1, or whether these handles are the same. As best understood and for examination purposes, “a handle” in claim 6 is the same handle from ll. 4 in claim 1 which is within the main body.
Claim 6, --The hand vacuum cleaner of claim 1 wherein the lock is provided on a common side of the hand vacuum cleaner as the handle.--
Similarly, claim 9 recites the limitation “(d) a handle operable during use of the hand vacuum cleaner” in ll. 13 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 9, ll. 4 already requires “a handle” on the main body. It is unclear to the Examiner whether “a handle” on ll. 13 is a new, separate handle from the handle in ll. 4 of the claim, or whether these handles are the same. As best understood and for examination purposes, “a handle” in ll. 13 is the same handle from ll. 4 which is on the main body.
Claim 9, ll. 13, --(d) [[a]]the handle operable during use of the hand vacuum cleaner to direct the hand—
Claims 10-16 are rejected accordingly under 35 USC 112(b) since they are dependent on claim 9.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 18 recites “The hand vacuum cleaner of claim 17 wherein the opening has a cross-sectional area comparable to a cross-sectional area of the door.” This limitation does not constitute a further limitation since claim 1, which claim 18 is dependent from (via claims 17 and 7), already requires “the opening having a cross-sectional area comparable to a cross sectional area of the door” in ll. 11-12 of the claim.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Edstrom (US Patent No. 2,227,302) in view of Brace (US Patent No. 2,755,883).
Regarding claim 1, Edstrom (US Patent No. 2,227,302) discloses a hand vacuum cleaner (fig. 1; p. 1, col. 1, ll. 1-4) having an upper side (designated in annotated fig. 1 below) and a lower side (designated in annotated fig. 1 below), the hand vacuum cleaner comprising:
(a) an air flow passage (defined as arrowed pathway in view of fig. 1) extending from a dirty air inlet (item 29; fig. 7; p. 1, col. 2, ll. 9-10) to a clear air outlet (item 17; fig. 1; p. 1, col. 2, ll. 11-12);
(b) a main body (item 10; fig. 1) comprising a front end (designated in annotated fig. 1 below), a rear end (designated in annotated fig. 1 below), and a motor housing (defined as outer wall housing surrounding motor 16 and fan 15; fig. 1) containing a suction motor (item 16; fig. 1; p. 1, col. 1, ll. 33-35) positioned in the air flow passage (fig. 1; p. 1, col. 2, ll. 24-29), the suction motor having a suction motor axis (designated in annotated fig. 1 below) extending in a longitudinal direction (suction motor axis extends in direction defined by longitudinal direction of main body 10); and,
(c) an air treatment unit (includes items 13, 14; figs. 1 and 3) positioned in the air flow passage upstream from and forward of the suction motor (air treatment unit is positioned upstream, i.e. prior to, suction motor 16 to collect suctioned dust and dirt via bag 14) and comprising an air treatment chamber (defined as internal space of air treatment unit; fig. 1) having a longitudinally extending sidewall (defined as outer cylindrical sidewall extending in horizontal direction in view of fig. 1), which extends from an air treatment unit rear end (designated in annotated fig. 1 below) to an air treatment unit front end (designated in annotated fig. 1 below), a front end of the sidewall defining an opening (item 22; fig. 1) that is closeable by an openable door (item 21; fig. 1; p. 1, col. 1, ll. 46-49), the opening having a cross sectional area comparable to a cross sectional area of the door (opening 22 is comparable, i.e. similar in size, to cross-sectional area of the door 21 in order for door 21 to cover the entire opening; figs. 1-2), and the opening extends in a direction that is inclined relative to the longitudinal direction of the sidewall (designated in annotated fig. 1 below).
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Edstrom Annotated Fig. 1.
Though Edstrom appears to disclose the openable door a rotatably mounted end and an opposed securable end that is securable to the air treatment unit by a lock (designated in annotated fig. 1 above), and wherein the opposed securable end is rotatable to an open position in which the opposed securable end is positioned forward of the opening, Edstrom is silent on the details of the door.
However, Brace (US Patent No. 2,755,883) teaches an analogous hand vacuum cleaner (fig. 1) comprising a main body (item 10; fig. 1) having an air inlet (through hose socket 42; fig. 1), an air treatment unit (includes items 21, 53; figs. 1-3; col. 1, ll. 57-59) having an opening (item 59; fig. 3) that is closeable by an openable door (item 26; fig. 1), wherein the openable door has a rotatably mounted end (item 27; figs. 1-4) and an opposed securable end (defined as end of door 26 near lock 50, 52; figs. 1 and 4) that is securable to the air treatment unit by a lock (lock 50, 51, 52; figs. 1 and 4), and wherein the opposed securable end is rotatable to an open position (defined as position in view of fig. 4 when openable door 26 is fully opened) in which the opposed securable end is positioned forward of the opening (partially shown in fig. 3 in which securable end extends outward from air treatment unit and opening, thereby positioned forward of the opening in the fully opened position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the openable door, as disclosed in Edstrom, with a rotatable end and a securable end securable to the air treatment unit by a lock, as taught in Brace, in order for the hand vacuum cleaner to function as intended and secure, replace, modify, and/or empty the air treatment unit, as needed.
Further, Edstrom does not explicitly disclose a handle on the main body. However, Brace (US Patent No. 2,755,883) further teaches the hand vacuum cleaner having a handle (item 14; fig. 1) on the main body. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Edstrom, to include a handle on the main body, as taught in Brace, in order for the user to carry the hand vacuum cleaner from room to room easily (col. 2, ll. 43 in Brace).
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Brace Annotated Fig. 1.
Regarding claim 2, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the securable end is securable to the air treatment unit at the opening (securable end, as taught from Brace, is securable to outer sidewall of air treatment unit at the opening, i.e. front end of air treatment unit).
Regarding claim 3, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 2, wherein the securable end is securable to the sidewall at the opening (securable end, as taught from Brace, is securable to longitudinal extending sidewall at the opening, i.e. front end of air treatment unit).
Regarding claim 4, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 3, wherein when the door is closed (defined as position in view of fig. 1 of Edstrom above), the hand vacuum cleaner is oriented such that the suction motor axis is horizontal (Edstrom annotated fig. 1 above) and the upper side is above the lower side (Edstrom, annotated fig. 1 above), the securable end of the door is located rearwardly of the rotatably mounted end of the door (designated in second annotated fig. 1 below; securable end of door is angled towards the rear end of the rotatably mounted end of the door 21).
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Edstrom Second Annotated Fig. 1.
Regarding claim 5, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein when the hand vacuum cleaner is oriented such that the suction motor axis is horizontal (defined as position in view of Edstrom fig. 1 above) and the upper side is above the lower side (Edstrom, annotated fig. 1 above), an upper portion of the opening is offset from a lower portion of the opening in the longitudinal direction (third annotated fig. 1 below).
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Edstrom Third Annotated Fig. 1.
Regarding claim 6, as best understood, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the lock is provided on a common side (defined as a same side, similar to applicant’s disclosure) of the hand vacuum cleaner as the handle (as modified from Brace above, lock and handle are disposed on upper side, i.e. same side, of hand vacuum cleaner).
Regarding claim 7, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 1, wherein the securable end is securable to the sidewall at the opening (securable end, as taught from Brace, is securable to longitudinal extending sidewall at the opening, i.e. front end of air treatment unit).
Regarding claim 8, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 7, wherein when the door is closed (defined as position in view of fig. 1 of Edstrom above), the hand vacuum cleaner is oriented such that the suction motor axis is horizontal (Edstrom annotated fig. 1 above) and the upper side is above the lower side (Edstrom, annotated fig. 1 above), the securable end of the door is located rearwardly of the rotatably mounted end of the door (designated in second annotated fig. 1 above; securable end of door is angled towards the rear end of the rotatably mounted end of the door 21).
Regarding claim 9, as best understood, Edstrom (US Patent No. 2,227,302) discloses a hand vacuum cleaner (fig. 1; p. 1, col. 1, ll. 1-4) having an upper side (designated in annotated fig. 1 above) and a lower side (designated in annotated fig. 1 above), the hand vacuum cleaner comprising:
(a) an air flow passage (defined as arrowed pathway in view of fig. 1) extending from a dirty air inlet (item 29; fig. 7; p. 1, col. 2, ll. 9-10) to a clear air outlet (item 17; fig. 1; p. 1, col. 2, ll. 11-12);
(b) a main body (item 10; fig. 1) comprising a front end (designated in annotated fig. 1 above), a rear end (designated in annotated fig. 1 above), and a motor housing (defined as outer wall housing surrounding motor 16 and fan 15; fig. 1) containing a suction motor (item 16; fig. 1; p. 1, col. 1, ll. 33-35) positioned in the air flow passage (fig. 1; p. 1, col. 2, ll. 24-29), the suction motor having a suction motor axis (designated in annotated fig. 1 above) extending in a longitudinal direction (suction motor axis extends in direction defined by longitudinal direction of main body 10); and,
(c) an air treatment unit (includes items 13, 14; figs. 1 and 3) positioned in the air flow passage upstream from and forward of the suction motor (air treatment unit is positioned upstream, i.e. prior to, suction motor 16 to collect suctioned dust and dirt via bag 14) and comprising an air treatment chamber (defined as internal space of air treatment unit; fig. 1) having a longitudinally extending sidewall (defined as outer cylindrical sidewall extending in horizontal direction in view of fig. 1), which extends from an air treatment unit rear end (designated in annotated fig. 1 above) to an air treatment unit front end (designated in annotated fig. 1 above), a front end of the sidewall defining an opening (item 22; fig. 1) that is closeable by an openable door (item 21; fig. 1; p. 1, col. 1, ll. 46-49), and the opening extends in a direction that is inclined relative to the longitudinal direction of the sidewall (designated in annotated fig. 1 above).
Though Edstrom appears to disclose the openable door a rotatably mounted end and an opposed securable end that is securable to the air treatment unit by a lock (designated in annotated fig. 1 above), and wherein the opposed securable end is rotatable to an open position in which the opposed securable end is positioned forward of the opening, Edstrom is silent on the details of the door.
However, Brace (US Patent No. 2,755,883) teaches an analogous hand vacuum cleaner (fig. 1) comprising a main body (item 10; fig. 1) having an air inlet (through hose socket 42; fig. 1), an air treatment unit (includes items 21, 53; figs. 1-3; col. 1, ll. 57-59) having an opening (item 59; fig. 3) that is closeable by an openable door (item 26; fig. 1), wherein the openable door has a rotatably mounted end (item 27; figs. 1-4) and an opposed securable end (defined as end of door 26 near lock 50, 52; figs. 1 and 4) that is securable to the air treatment unit by a lock (lock 50, 51, 52; figs. 1 and 4), and wherein the opposed securable end is rotatable to an open position (defined as position in view of fig. 4 when openable door 26 is fully opened) in which the opposed securable end is positioned forward of the opening (partially shown in fig. 3 in which securable end extends outward from air treatment unit and opening, thereby positioned forward of the opening in the fully opened position).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the openable door, as disclosed in Edstrom, to have a rotatable end and a securable end securable to the air treatment unit by a lock, as taught in Brace, in order for the hand vacuum cleaner to function as intended and secure, replace, modify, and/or empty the air treatment unit, as needed.
Further, Edstrom does not explicitly disclose a handle on the main body, wherein the handle operable during use to direct the hand vacuum cleaner to clean a surface, and wherein the lock is provided on a common side of the hand vacuum cleaner as the handle.
However, Brace (US Patent No. 2,755,883) further teaches the hand vacuum cleaner having a handle (item 14; fig. 1) on the main body, wherein the lock is provided on a common side of the hand vacuum cleaner as the handle (lock 50, 51, 52 are on a common side, i.e. same upper side, as the handle 14; fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Edstrom, to include a handle on the main body, as taught in Brace, in order for the user to carry the hand vacuum cleaner from room to room easily (col. 2, ll. 43 in Brace).
Regarding claim 10, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 9, wherein the securable end is securable to the air treatment unit at the opening (securable end, as taught from Brace, is securable to outer sidewall of air treatment unit at the opening, i.e. front end of air treatment unit).
Regarding claim 11, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 10, wherein the securable end is securable to the sidewall at the opening (securable end, as taught from Brace, is securable to longitudinal extending sidewall at the opening, i.e. front end of air treatment unit).
Regarding claim 12, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 11, wherein when the door is closed (defined as position in view of fig. 1 of Edstrom above), the hand vacuum cleaner is oriented such that the suction motor axis is horizontal (Edstrom annotated fig. 1 above) and the upper side is above the lower side (Edstrom, annotated fig. 1 above), the securable end of the door is located rearwardly of the rotatably mounted end of the door (designated in second annotated fig. 1 above; securable end of door is angled towards the rear end of the rotatably mounted end of the door 21).
Regarding claim 13, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 9, wherein when the hand vacuum cleaner is oriented such that the suction motor axis is horizontal (defined as position in view of Edstrom fig. 1 above) and the upper side is above the lower side (Edstrom, annotated fig. 1 above), an upper portion of the opening is offset from a lower portion of the opening in the longitudinal direction (third annotated fig. 1 above).
Regarding claim 14, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 10, wherein the opening having a cross sectional area comparable to a cross sectional area of the door (opening 22 is comparable, i.e. similar in size, to cross-sectional area of the door 21 in order for door 21 to cover the entire opening; figs. 1-2).
Regarding claim 15, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 11, wherein the opening having a cross sectional area comparable to a cross sectional area of the door (opening 22 is comparable, i.e. similar in size, to cross-sectional area of the door 21 in order for door 21 to cover the entire opening; figs. 1-2).
Regarding claim 16, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 12, wherein the opening having a cross sectional area comparable to a cross sectional area of the door (opening 22 is comparable, i.e. similar in size, to cross-sectional area of the door 21 in order for door 21 to cover the entire opening; figs. 1-2).
Regarding claim 17, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 7, wherein when the door is closed (defined as position in view of fig. 1 of Edstrom above), the hand vacuum cleaner is oriented such that the suction motor axis is horizontal (Edstrom annotated fig. 1 above) and the upper side is above the lower side (Edstrom, annotated fig. 1 above), the securable end of the door is located rearwardly of the rotatably mounted end of the door (designated in second annotated fig. 1 above; securable end of door is angled towards the rear end of the rotatably mounted end of the door 21).
Regarding claim 18, Edstrom as modified discloses the hand vacuum cleaner as claimed in claim 17, wherein the opening having a cross sectional area comparable to a cross sectional area of the door (opening 22 is comparable, i.e. similar in size, to cross-sectional area of the door 21 in order for door 21 to cover the entire opening; figs. 1-2).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 10,105,023. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant Application, claim 1
US Patent 10,105,023, Claim 1
Claim 1, ll. 1-2: “A hand vacuum cleaner having an upper side and a lower side…”
Claim 1, ll. 1-2
Claim 1, ll. 3: “an air flow passage extending from a dirty air inlet to a clean air outlet”
Claim 1, ll. 3-4
Claim 1, ll. 4-6: “a main body comprising a front end, a rear end, a handle and a motor housing containing a suction motor positioned in the air flow passage, the suction motor having a suction motor axis extending in a longitudinal direction; and”
Claim 1, ll. 5-9
Claim 1, ll. 7-13: “an air treatment unit positioned in the air flow passage upstream from and forward of the suction motor and comprising an air treatment chamber having a longitudinally extending sidewall, which extends from an air treatment unit rear end to an air treatment unit front end, the front end of the sidewall defining an opening that is closeable by an openable door, the opening having a cross sectional area comparable to a cross sectional area of the door, and the opening extends in a direction that is inclined relative to the longitudinal direction of the sidewall,”
Claim 1, ll. 10-24
“opening” in instant application = “free edge” in US ‘023
“air treatment unit front end” in instant application = “air treatment unit second end” in US’023
“air treatment unit rear end” in instant application = “air treatment unit first end” in US’023
“comparable” in instant application = “proximate” in US’023
Claim 1, ll. 14-15: “wherein the openable door has a rotatably mounted end and an opposed securable end that is securable to the air treatment unit by a lock”
Claim 1, ll. 25-28
“rotatable mounted end” in instant application = “door first end which is rotatably mounted to the air treatment unit” in US’023
Claim 1, ll. 16-17: “wherein the opposed securable end is rotatable to an open position in which the opposed securable end is positioned forward of the opening”
Claim 1, ll. 34-36
Claims 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 15 of U.S. Patent No. 10,105,023 in view of Brace (US Patent No. 2,755,883). Although the claim at issue is not identical, they are not patentably distinct from each other because claim 15 in US’023 teaches all of the same limitations as claim 9 in instant application except for the limitation of “wherein the lock is provided on a common side of the hand vacuum cleaner as the handle.”
However, Brace teaches an analogous hand vacuum cleaner (fig. 1) comprising a main body (item 10; fig. 1) having an air inlet (through hose socket 42; fig. 1), an air treatment unit (includes items 21, 53; figs. 1-3; col. 1, ll. 57-59) having an opening (item 59; fig. 3) that is closeable by an openable door (item 26; fig. 1), wherein the openable door has a rotatably mounted end (item 27; figs. 1-4) and an opposed securable end (defined as end of door 26 near lock 50, 52; figs. 1 and 4) that is securable to the air treatment unit by a lock (lock 50, 51, 52; figs. 1 and 4), wherein the main body comprises a handle (item 14; fig. 1), and wherein the lock is provided on a common side of the hand vacuum cleaner as the handle (lock 50, 51, 52 are on a common side, i.e. same upper side, as the handle 14; fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the hand vacuum cleaner, as disclosed in Edstrom, to include a handle on the main body on a common side as the lock, as taught in Brace, in order for the user to carry the hand vacuum cleaner from room to room easily (col. 2, ll. 43 in Brace) and simultaneously press on the lock to empty, replace, and/or secure the air treatment unit within the vacuum cleaner.
Instant Application, claim 9
US Patent 10,105,023, Claim 15
Claim 9, ll. 1-2: “A hand vacuum cleaner having an upper side and a lower side…”
Claim 15, ll. 1-2
Claim 9, ll. 3: “an air flow passage extending from a dirty air inlet to a clean air outlet”
Claim 15, ll. 3-4
Claim 9, ll. 4-6: “a main body comprising a front end, a rear end, a handle and a motor housing containing a suction motor positioned in the air flow passage, the suction motor having a suction motor axis extending in a longitudinal direction; and”
Claim 15, ll. 5-9
Claim 9, ll. 7-13: “an air treatment unit positioned in the air flow passage upstream from and forward of the suction motor and comprising an air treatment chamber having a longitudinally extending sidewall, which extends from an air treatment unit rear end to an air treatment unit front end, the front end of the sidewall defining an opening that is closeable by an openable door, and the opening extends in a direction that is inclined relative to the longitudinal direction of the sidewall,”
Claim 15, ll. 10-21
“air treatment unit front end” in instant application = “first end” in US’023
“air treatment unit rear end” in instant application = “second end” in US’023
Claim 9, ll. 14-15: “a handle operable during use of the hand vacuum cleaner to direct the hand vacuum cleaner to clean a surface,”
Claim 15, ll. 6
Further modified in from Brace above
Claim 9, ll. 16-17: “wherein the openable door has a rotatably mounted end and an opposed securable end that is securable to the air treatment unit by a lock”
Claim 15, ll. 22-25
“rotatable mounted end” in instant application = “first end which is rotatably mounted to the air treatment unit” in US’023
Claim 9, ll. 18-19: “wherein the lock is provided on a common side of the hand vacuum cleaner as the handle”
As modified in from Brace above
Claim 9, ll. 20-21: “wherein the opposed securable end is rotatable to an open position in which the opposed securable end is positioned forward of the opening”
Claim 15, ll. 31-33
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Groff (US 2010/0115726) discloses a hand vacuum cleaner having an air flow passage, a main body having a front end, a rear end, a handle, and a suction motor, an air treatment unit having a sidewall with opening at a front end of the sidewall, wherein the opening is openable via door having a securable end and a rotatable end.
Bone (US Patent No. 5,966,774) discloses a hand vacuum cleaner having a main body with front end, rear end, handle, and suction motor, and an air treatment unit having a sidewall with opening at a front end of the sidewall, an openable door having a rotatable end and a securable end, and wherein the opening is inclined relative to a longitudinal direction of the hand vacuum cleaner.
Mierfalk (WO 20040269021), as provided by Examiner, discloses a hand vacuum cleaner having a main body with a front end, a handle, and a suction motor, and an air treatment unit comprising a cyclone unit, wherein the air treatment unit has a longitudinally extending sidewall with an opening at a front end, wherein the opening is closeable by a door having a rotatable end and a securable end, and wherein a lock is disposed at the securable end.
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/SIDNEY D FULL/Examiner, Art Unit 3723
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