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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/11/2026 has been entered.
Status of Claims
Claims 1, 25, 37, 41, and 42 have been amended. Claims 9-20 have been canceled. Claims 1-8 and 21-42 have been examined on the merits.
Response to Arguments
Applicant’s arguments, see Page 9, filed 03/11/2026, with respect to the amendments to
the claim objections are persuasive. The claim objections have been withdrawn.
Applicant’s arguments, see Pages 9-10, filed 03/11/2026, with respect to the previous rejections under 35 U.S.C. § 102(a)(1) of specifically independent claims 1 and 25 have been considered but are moot because the claims have been amended and the new grounds of rejection do not rely on the reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
With respect to the newly amended language of claim 41, is persuasive. However, the amended language regarding “inlet” is unclear, and not allowed in its current state. See below in 35 U.S.C. 112(b) rejection.
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 41 and 42 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 41 has been amended to recite: “the dust collector comprising an inlet towards the first end”; “the front end being aligned with and closing the inlet”; “the inlet of the vertical support”.
Since there are two recited “inlet”, the claim limitation of “the front end being aligned with and closing the inlet” does not specify which one is being referred to. It is unclear if it’s either or both.
The claim limitation of “the inlet of the vertical support” is unclear since the previously recited inlets are both specifically pertaining to the “the hand vacuum cleaner” and the “dust collector”.
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 1-8 and 21-42 are rejected under 35 U.S.C. 103 as being unpatentable over Downham et al. (U.S. Patent No. 6,122,796 A) and MEGGLE (DE 102009041728 A1).
Referring to claim 1: Downham et al. teaches a vertical support (1 Fig. 1) which is free standing on a floor (shown in Fig. 1) and which is configured to dock a hand vacuum cleaner (2 Fig. 1), the hand vacuum cleaner comprising a first battery (“the hand-held cleaner 2 could be powered by a re-chargeable battery” Col. 5, lines 60-61)
and a dust collection region (dust collection region of 20 Figs. 1 and 2), the vertical support comprising:
a first end (end of 29 Fig. 1),
a second end (end of 4 Fig. 1), and
a longitudinal axis (vertical line between end of 29 and end of 4) extending between the first end (end of 29 Fig. 1) and the second end (end of 4 Fig. 1), wherein the first end (end of 29 Fig. 1) is higher than the second end (end of 4 Fig. 1) when the vertical support (1 Fig. 1) is perpendicular to a flat surface (shown in Fig. 1),
a dust collector (8 Fig. 1) positioned between the first end (end of 29 Fig. 1) and the second end (end of 4 Fig. 1); and a power source (“In this case, the upright cleaner 1 would include a recharger base unit which, when the hand-held cleaner 2 is carried by the upright cleaner, connects to the rechargeable battery in order to recharge it” Col. 5, lines 63-67) positioned between the first end and the second end,
wherein a docked configuration (docked configuration shown in Fig. 1) corresponds to the hand vacuum cleaner (2 Fig. 1) being docked with the vertical support (1 Fig. 1) whereby a portion (portion of 20) of the hand vacuum cleaner abuts a portion (portion of 18 Fig. 1) of the vertical support to provide a closed volume (closed volume of 1 when closed by 2, which is configured for moving/ storing dust/ debris) that is external to the hand vacuum cleaner (2 Fig. 1) when said portion (portion of 20) of the hand vacuum cleaner is positioned at an inlet (18 Fig. 1) of the vertical support and in the docked configuration (docked configuration shown in Fig. 1),
a door (23 and 25 Figs. 1-4) of the dust collection region of the hand vacuum cleaner (2 Fig. 1) is movable to an open position (open position of 23 shown in Figs. 3 and 4) wherein a portion of the door (23 and 25 Figs. 1-4) is positioned (shown inside the closed volume between its walls shown in Figs. 3 and 4) in the closed volume and the dust collector (8 Fig. 1) receives detritus (“dust within the dust collection chamber 20 is sucked into the dust collection bag 8 within the dust compartment 9 of the upright cleaner.” Col. 5, lines 23-26) from the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand vacuum cleaner and the power source charges the battery of the hand vacuum cleaner (“In this case, the upright cleaner 1 would include a recharger base unit which, when the hand-held cleaner 2 is carried by the upright cleaner, connects to the rechargeable battery in order to recharge it” Col. 5, lines 63-67).
But is silent on a portion of the door is positioned in the closed volume specifically external to the hand vacuum cleaner.
MEGGLE in an analogous vertical support teaches a portion of the door (37 Fig. 6) is positioned in the similar configuration closed volume (closed volume of 34 Fig. 6) specifically external to the similar configuration hand vacuum cleaner (1 Fig. 6).
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 vertical support of Downham et al. with the door as taught by MEGGLE for the purpose of sealing the vertical support when the hand vacuum cleaner is not attached to prevent any objects/animals/critters/bugs from entering the system.
Referring to claim 2: Downham et al. as modified teaches the vertical support of Claim 1, wherein, in the docked configuration (docked configuration shown in Fig. 1), the door (23 and 25 Figs. 1-4) of the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand vacuum cleaner (2 Fig. 1) is aligned with the inlet (18 Fig. 1) of the vertical support (1 Fig. 1).
Referring to claim 3: Downham et al. as modified teaches the vertical support of Claim 2, wherein the door (23 and 25 Figs. 1-4) is adjacent to a dirty air inlet (31 Fig. 4) of the hand vacuum cleaner (2 Fig. 1).
Referring to claim 4: Downham et al. as modified teaches the vertical support of Claim 3, wherein, when the vertical support (1 Fig. 1) is perpendicular to the flat surface (shown in Fig. 1), the dirty air inlet (31 Fig. 4) faces downwardly (shown in Figs. 1 and 4).
Referring to claim 5: Downham et al. as modified teaches the vertical support of Claim 3, wherein, when the vertical support (1 Fig. 1) is perpendicular to the flat surface (shown in Fig. 1), the inlet (18 Fig. 1) of the vertical support (1 Fig. 1) is higher than (inlet walls of 18 are shown higher than 31 in Fig. 4) the dirty air inlet (31 Fig. 4) of the hand vacuum cleaner (2 Fig. 1).
Referring to claim 6: Downham et al. as modified teaches the vertical support of Claim 2, wherein the door (23 and 25 Figs. 1-4) is biased closed (“The valve 23 is a flap which is pivotally mounted for movement about a fulcrum 25 (see FIG. 2), and is biassed towards a closed position closing the collection mouth” Col. 5, lines 2-5).
Referring to claim 7: Downham et al. as modified teaches the vertical support of Claim 2, wherein the inlet (18 Fig. 1) of the vertical support is sized and positioned to receive the door (23 and 25 Figs. 1-4) when the door is open (shown in Figs. 3 and 4), the door (23 Figs. 1-4) configured to be opened outwardly (door 23 opens outwardly from 18).
Referring to claim 8: Downham et al. as modified teaches the vertical support of Claim 2, further comprising a protrusion (26 Fig. 3) proximate the inlet (18 Fig. 1) of the vertical support, wherein, upon docking of the hand vacuum cleaner (2 Fig. 1) with the vertical support (1 Fig. 1), the protrusion (26 Fig. 3) is configured to unlock the door (23 and 25 Fig. 3) by rotating a lever (23 Fig. 3) of the hand vacuum cleaner that keeps the door locked (23 and 25 Fig. 3).
Referring to claim 21: Downham et al. as modified teaches the vertical support of Claim 1, wherein, when the vertical support (1 Fig. 1) is perpendicular to the flat surface (shown in Fig. 1), a handle (13 Fig. 1) of the hand vacuum cleaner is higher than (shown higher in Fig. 1) the inlet (18 Fig. 1) of the vertical support (1 Fig. 1).
Referring to claim 22: Downham et al. as modified teaches the vertical support of Claim 1, wherein the detritus (“dust within the dust collection chamber 20 is sucked into the dust collection bag 8 within the dust compartment 9 of the upright cleaner.” Col. 5, lines 23-26) comprises any one or more of dust, dirt, and debris.
Referring to claim 23: Downham et al. as modified teaches the vertical support of Claim 1, wherein the hand vacuum (2 Fig. 1) includes a housing (housing of 2 Fig. 1) having a handle (13 Fig. 1), and when the vertical support (1 Fig. 1) is perpendicular to the flat surface (shown in Fig. 1) and the vacuum housing (housing of 2 Fig. 1) is connected to the vertical support (1 Fig. 1), the handle (13 Fig. 1) is higher than (shown higher in Fig. 1) the inlet (18 Fig. 1) of the vertical support dust collector (8 Fig. 1).
Referring to claim 24: Downham et al. as modified teaches the vertical support of Claim 1, wherein the hand vacuum (2 Fig. 1) includes a surface cleaning head (20 Fig. 1).
Referring to claim 31: Downham et al. as modified teaches the vertical support of Claim 1, wherein the hand vacuum cleaner (2 Fig. 1) has a dirty air inlet (31 Fig. 4) at a front end (front end where 24 is located of 2 shown in Fig. 2) of the hand vacuum cleaner (2 Fig. 1), the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand vacuum cleaner has a region front end (inner region of 20 closest to 24 in Fig. 2) at the front (front end where 24 is located of 2 shown in Fig. 2) of the hand vacuum cleaner, and in the docked configuration (docked configuration shown in Fig. 1) and in a dirt emptying mode (mode of “dust within the dust collection chamber 20 is sucked into the dust collection bag 8 within the dust compartment 9 of the upright cleaner.” Col. 5, lines 23-26), the region front end (inner region of 20 closest to 24 in Fig. 2) is opened (opened by 26 Fig. 3) whereby detritus is transferred to the dust collector.
Referring to claim 32: Downham et al. as modified teaches the vertical support of Claim 31, wherein the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand vacuum cleaner has a front wall (front wall of 23 which seals with inner walls of 20) at the region front end (inner region of 20 closest to 24 in Fig. 2), and in the docked configuration, the front wall (front wall of 23 which seals with inner walls of 20) is opened.
Referring to claim 33: Downham et al. as modified teaches the vertical support of Claim 1, wherein the hand vacuum cleaner has a dirty air inlet (31 Fig. 4) at a front end (front end where 24 is located of 2 shown in Fig. 2) of the hand vacuum cleaner, and in the docked configuration and in a dirt emptying mode (mode of “dust within the dust collection chamber 20 is sucked into the dust collection bag 8 within the dust compartment 9 of the upright cleaner.” Col. 5, lines 23-26), the front end (front end where 24 is located of 2 shown in Fig. 2) is opened whereby detritus is transferred to the dust collector.
Referring to claim 34: Downham et al. as modified teaches the vertical support of Claim 1, wherein, in the docked configuration, a lowermost portion (lowermost portion of region 20 shown coupled to 1 shown in Fig. 1) of the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand vacuum cleaner is opened, whereby the dust collector (8 Fig. 1) receives the detritus (“dust within the dust collection chamber 20 is sucked into the dust collection bag 8 within the dust compartment 9 of the upright cleaner.” Col. 5, lines 23-26) from the dust collection region (dust collection region of 20 Figs. 1 and 2) in the absence of the detritus travelling upwards.
Referring to claim 35: Downham et al. as modified teaches the vertical support of Claim 1, wherein, in the docked configuration (docked configuration shown in Fig. 1), the inlet (18 Fig. 1) of the vertical support (1 Fig. 1) faces upwardly (shown in Fig. 1).
Referring to claim 36: Downham et al. as modified teaches the vertical support of Claim 1, wherein the dust collector (8 Fig. 1; “The dust collection bag of the upright cleaner is normally disposable, so that dust collected therein is disposed of without spillage.” Col. 1, lines 26-28) is removable for emptying and is closed when removed for emptying.
Referring to claim 37: Downham et al. as modified teaches the vertical support of Claim 1, wherein, in a dirt emptying mode (mode of “dust within the dust collection chamber 20 is sucked into the dust collection bag 8 within the dust compartment 9 of the upright cleaner.” Col. 5, lines 23-26) in the docked configuration (docked configuration shown in Fig. 1), a passage (7 Fig. 1) extends from the inlet (18 Fig. 1) of the vertical support (1 Fig. 1) to the dust collector (8 Fig. 1) of the vertical support (1 Fig. 1), the passage (7 Fig. 1) terminates at the separator (11 Fig. 1) and detritus from the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand vacuum cleaner (2 Fig. 1) travels in a single direction from the inlet (18 Fig. 1) of the vertical support (1 Fig. 1) to an inlet (inlet of 8 shown in Fig. 1) of the dust collector (8 Fig. 1) of the vertical support (1 Fig. 1).
Referring to claim 38: Downham et al. as modified teaches the vertical support of Claim 3, wherein the hand vacuum cleaner (2 Fig. 1) has an upper end (upper end of 21 shown in Fig. 2) having a dirty air inlet (21 Fig. 2) and the door (23 and 25 Figs. 1-4) closes a bottom wall (bottom wall of 20) of the hand vacuum cleaner.
Referring to claim 39: Downham et al. as modified teaches the vertical support of Claim 1, wherein the door (23 and 25 Figs. 1-4) is moveable to the open position automatically upon connection (open automatically via 26 shown in Fig. 3) of the hand vacuum cleaner to the support (1 Fig. 1).
Referring to claim 40: Downham et al. as modified teaches the vertical support of Claim 1 wherein the vertical support (1 Fig. 1) comprises an engaging member (26 Fig. 3) that depresses an actuator (25 Fig. 3) of the hand vacuum cleaner upon connection of the hand vacuum cleaner (2 Fig. 1) to the support (1 Fig. 1), the actuator (25 Fig. 3) enabling opening of the door (23 and 25 Fig. 3).
Referring to claim 25: Downham et al. teaches a dock (1 Fig. 1) of a hand-carriable surface cleaner (2 Fig. 1),
the dock (1 Fig. 1) comprising:
a dust collection chamber (8 Fig. 1) connectable in fluid communication with a dust collection(dust collection region of 20 Figs. 1 and 2) of the hand-carriable surface cleaner (2 Fig. 1) including walls (walls of 20 which are configured for holding dust/ debris shown in Figs. 1 and 2) creating an internal volume (shown in Figs. 1-4), wherein at least a portion (portion closest to 24 Fig. 2) of one of the walls comprises a door (23 and 25 Figs. 1-4) and the door is pivotally openable into (into has been construed as “in direction of” consistent with Merriam-Webster’s definition) the dock (1 Fig. 1) to establish said fluid communication,
a mechanical interface (mechanical interface of 7 and 16 shown in Figs. 1, 3, and 4) mechanically mating with surfaces of the hand-carriable surface cleaner (2 Fig. 1), the mechanical interface configured to vertically support (shown vertically supporting 2 in Fig. 1) the hand-carriable surface cleaner (2 Fig. 1); and a power interface (“In this case, the upright cleaner 1 would include a recharger base unit which, when the hand-held cleaner 2 is carried by the upright cleaner, connects to the rechargeable battery in order to recharge it” Col. 5, lines 63-67) establishing electrical communication with a battery (“the hand-held cleaner 2 could be powered by a re-chargeable battery” Col. 5, lines 60-61) of the hand-carriable surface cleaner when the hand-carriable surface cleaner (2 Fig. 1) is docked with the dock (1 Fig. 1), the power interface charging the battery (“connects to the rechargeable battery in order to recharge it” Col. 5, lines 63-67).
But is silent on the door is pivotally openable into the dock and specifically external to the dust collection region of the hand- carriable surface cleaner.
MEGGLE in an analogous vertical support teaches the door (37 Fig. 6) is pivotally openable into the similar configuration dock (shown in Fig. 6) and specifically external to the dust collection region (17 Fig. 6) of the similar configuration hand- carriable surface cleaner (1 Fig. 6).
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 vertical support of Downham et al. with the door as taught by MEGGLE for the purpose of sealing the vertical support when the hand vacuum cleaner is not attached to prevent any objects/animals/critters/bugs from entering the system.
Referring to claim 26: Downham et al. as modified teaches the dock of Claim 25, comprising a suction motor (“The upright body 16 also includes a suction fan 11 and a motor (not shown) for driving the suction fan.” Col. 4, lines 38-40) operable to draw air from the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand-carriable surface cleaner (2 Fig. 1) to the dust collection chamber (8 Fig. 1).
Referring to claim 27: Downham et al. as modified teaches the dock of Claim 25, wherein the door (23 and 25 Figs. 1-4) is biased closed (“The valve 23 is a flap which is pivotally mounted for movement about a fulcrum 25 (see FIG. 2), and is biassed towards a closed position closing the collection mouth” Col. 5, lines 2-5).
Referring to claim 28: Downham et al. as modified teaches the dock of Claim 25, comprising a seal (“to receive the auxiliary hand-held cleaner 2 with an air tight seal.” Col. 4, lines 49-50) operable with said door (23 and 25 Figs. 1-4) to enhance airtightness of the fluid communication between the dust collection chamber (8 Fig. 1) of the dock (1 Fig. 1) and the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand-carriable surface cleaner (2 Fig. 1).
Referring to claim 29: Downham et al. as modified teaches the dock of Claim 25, comprising linkages (linkages 26 and which mate to 7 shown in Fig. 3) operable to open the door (23 and 25 Figs. 1-4)when the hand-carriable surface cleaner (2 Fig. 1) is vertically supported by the mechanical interface (shown in Fig. 1).
Referring to claim 30: Downham et al. as modified teaches the dock of Claim 25, comprising an air treatment chamber (9 Fig. 1).
Allowable Subject Matter
Claims 41 and 42 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the most relevant art is Downham et al. (U.S. Patent No. 6,122,796 A) and MEGGLE (DE 102009041728 A1).
Regarding claim 41: Downham et al. teaches a vertical support (1 Fig. 1) which is free standing on a floor (shown in Fig. 1) and which is configured to dock a hand vacuum cleaner (2 Fig. 1), the hand vacuum cleaner comprising a dirty air inlet (31 Fig. 4) at a front end (front end where 24 is located of 2 shown in Fig. 2) of the hand vacuum cleaner, a first battery (“the hand-held cleaner 2 could be powered by a re-chargeable battery” Col. 5, lines 60-61) and a dust collection region (dust collection region of 20 Figs. 1 and 2), the vertical support comprising:
a first end (top end of 29 Fig. 1),
a second end (bottom end of 4 Fig. 1), and
a longitudinal axis (vertical line between end of 29 and end of 4) extending between the first end (end of 29 Fig. 1) and the second end (end of 4 Fig. 1), wherein the first end (end of 29 Fig. 1) is higher than the second end (end of 4 Fig. 1) when the vertical support (1 Fig. 1) is perpendicular to a flat surface (shown in Fig. 1),
a dust collector (8 Fig. 1) positioned between the first end (end of 29 Fig. 1) and the second end (end of 4 Fig. 1), the dust collector (8 Fig. 1) comprising an inlet (18 Fig. 1) towards the first end (end of 29 Fig. 1) and a dirt collection chamber; and
a power source (“In this case, the upright cleaner 1 would include a recharger base unit which, when the hand-held cleaner 2 is carried by the upright cleaner, connects to the rechargeable battery in order to recharge it” Col. 5, lines 63-67) positioned between the first end and the second end (top and bottom end of 1),
wherein a docked configuration (docked configuration shown in Fig. 1) corresponds to the hand vacuum cleaner (2 Fig. 1) being docked with the vertical support (1 Fig. 1)
and, in the docked configuration and in a dirt emptying mode (mode of “dust within the dust collection chamber 20 is sucked into the dust collection bag 8 within the dust compartment 9 of the upright cleaner.” Col. 5, lines 23-26), the front end (front end where 24 is located of 2 shown in Fig. 2) is opened (25 is opened Figs. 1-4) into the inlet of the vertical support (1 Fig. 1)
whereby the dust collector receives detritus (“dust within the dust collection chamber 20 is sucked into the dust collection bag 8 within the dust compartment 9 of the upright cleaner.” Col. 5, lines 23-26) from the dust collection region (dust collection region of 20 Figs. 1 and 2) of the hand vacuum cleaner and the power source charges the battery of the hand vacuum cleaner (“In this case, the upright cleaner 1 would include a recharger base unit which, when the hand-held cleaner 2 is carried by the upright cleaner, connects to the rechargeable battery in order to recharge it” Col. 5, lines 63-67).
But Downham et al., alone or in combination, does not teach, suggest, or make obvious
wherein a docked configuration corresponds to the hand vacuum cleaner being docked with the vertical support the front end being aligned with and specifically closing the inlet.
Such a reconstruction would be extensive and there is no motivation to do so. Thus, one would only arrive at the claimed invention by using improper hindsight reasoning knowledge gleaned only from the Applicant’s disclosure, and such a reconstruction would be improper.
Therefore, claim 41 would be allowable.
Claim 42 would also be allowable based on its dependency to claim 41.
Conclusion
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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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