DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01 June, 2026 has been entered.
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, 8-9, and 17-19 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kiraly (US 3,030,650 A, previously presented) in view of Ataka (4,426,211).
Regarding Claim 1, Kiraly teaches a portable surface cleaner (Ref. 10, Fig. 1) having a front end (Fig. 1 annotated below), a rear end (Fig. 1 annotated below) and side walls (Fig. 1 annotated below) extending between the front and rear ends (Fig. 1), each of the front and rear ends has an end wall (fig. 1-2), wherein a longitudinal axis (See annotated Fig. 3 below) extends in a longitudinal direction (See annotated Fig. 3 below) centrally through the portable surface cleaner and intersects the end walls (Fig .1), the surface cleaner comprising an air flow path extending from a dirty fluid inlet (Ref. 19, fig. 4) to a clean air outlet (Ref. 22, top hole, fig. 7) with an air treatment chamber (Ref. 43, Fig. 2) and a suction motor (Ref. 42, fig. 2, [Col. 1, Lines 54-55]) positioned in the air flow path (Fig. 2, [Col. 3, Lines 4-9]),
wherein the suction motor is spaced from the air treatment chamber in the longitudinal direction (Fig. 2),
wherein, in operation to clean a surface, a brush (Ref. 40, Fig. 7) and a hose (Ref. 38, Fig. 1-4) are fluidically connected to the dirty air inlet (Fig. 2&4), and
wherein a portion of the air treatment chamber (Fig. 2) and the air treatment chamber is removable ([Col. 3, Lines 25-27]), and
wherein the portion of the air treatment chamber comprises a dirt collection region (Ref. 43, Fig. 2) and a line that is parallel to the longitudinal axis extends through the dirt collection region and the suction motor (Fig. 3 annotated below, same as longitudinal axis).
Kiraly teaches that a portion of the air treatment chamber (12) is removable from the top surface of the portable surface cleaner ([Col .3, Lines 25-27]). Kiraly fails to explicitly teach wherein the suction motor is positioned downstream of the air treatment chamber, and wherein a portion of the air treatment chamber forms a portion of an outer surface of the portable surface cleaner, wherein, when the air treatment chamber is removed from the portable surface cleaner, the portion of the air treatment chamber forming the portion of the outer surface of the portable surface cleaner is also removed from the portable surface cleaner. Ataka teaches a portable surface cleaner with a front, rear, and side walls with a suction motor and an air treatment chamber and can be considered analogous art because it is within the same field of endeavor. Ataka teaches a portable surface cleaner (Fig. 1) the surface cleaner comprises an air treatment chamber (Fig. 2) and a suction motor (Ref. 2, Fig. 1) positioned in the air flow path (Fig. 1), wherein the suction motor (2) is positioned downstream of the air treatment chamber (Fig. 1),
wherein a portion of the air treatment chamber (Ref. 7&8, Fig. 1-2) forms a portion of an outer surface of the portable surface cleaner (Ref. 7, Fig. 1-2) and the air treatment chamber is removable (Fig. 2) wherein, when the air treatment chamber is removed from the portable surface cleaner (Fig. 2), the portion of the air treatment chamber forming the portion of the outer surface of the portable surface cleaner is also removed from the portable surface cleaner (Fig. 2), and
wherein the portion of the air treatment chamber comprises a dirt collection region (Ref. 8, Fig. 1-2) and a line that is parallel to the longitudinal axis extends through the dirt collection region and the suction motor (Fig. 1 annotated below). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure the air treatment chamber, as taught by Kirly, with the removable air treatment chamber that forms an outer surface of the surface cleaner, as taught by Ataka, since such a modification is merely an alternate equivalent structure to allow debris collection and to allow for easy emptying and disposal of accumulated debris ([Col. 3, Lines 1-12]). Further, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure the suction motor and air treatment chamber, as taught by Kiraly, to have the suction motor downstream of the air treatment chamber, as taught by Kiraly, since such a modification would yield the predictable result of suctioning and capturing debris and preventing dust from traveling across the suction motor allowing only clean air to exit the surface cleaning device [Col. 2, lines 48-57]).
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Regarding Claim 8, Kiraly as modified teaches the limitations of claim 1, as described above, and Kiraly further teaches wherein the brush is removably connectable in fluid flow communication with the hose ([Col. 3, Lines 13-14]) and the surface cleaner further comprises an accessory tool holder (Ref. 48, Fig. 3) and the brush is removably mountable to the accessory tool holder ([Col. 2, Lines 25-27]).
Regarding Claim 9, Kiraly as modified teaches the limitations of claim 1, as described above, and Kiraly further teaches a hose wrap (Ref. 41, Fig. 4, note examiner interprets a hose wrap as a device to hold a hose).
Regarding Claim 17, Kiraly teaches the limitations of claim 1, as described above, and Kiraly further teaches wherein the dirty air inlet (19) is provided in a front wall at the front end (Fig. 3) and the accessory tool holder (Ref. 48, Fig. 3) is provided at the rear end (Fig. 3).
Regarding Claim 18, Kiraly as modified teaches the limitations of claim 17, as described above, and Kiraly further teaches wherein the portable surface cleaner is elongated in shape, has an upper end having a carry handle (Ref. 37, Fig. 1 shows that the carry handle when flipped upwards is in the upper half and upper end of the portable surface cleaner), a length (fig. 1 annotated below) in the longitudinal direction, a height (fig. 1 annotated below) between a lower end of the surface cleaner and the upper end, a width (fig. 1 annotated below) in a direction transverse to the length and the height (Fig. 1) and the length is a long dimension of the portable surface cleaner (Fig. 1, [Col. 11, Lines 47-50] describe a rectangular enclosure) and the carry handle has a hand grip potion that extends in the longitudinal direction (Fig. 2 shows the handle grip portion extending in a longitudinal direction).
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Regarding Claim 19, Kiraly as modified teaches the limitations of claim 18, as described above, and Kiraly further teaches wherein the length is longer than the width (fig. 1-3, [Col. 1, Lines 47-50] describe a rectangular enclosure).
Claims 2-6 and 10-16 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Kiraly as modified as applied to claims 1 and 9 above, and further in view of Blase (4,910,828, previously presented).
Regarding Claim 2, Kiraly as modified teaches the limitations of claim 1, as described above, and Kiraly further teaches wherein the portable surface cleaner has an openable lid (Ref. 11, Fig. 1, [Col. 3, Lines 25-27]) which, when opened, gives better access to the air treatment chamber (Fig. 1, [Col. 3, Lines 25-27]) and a carry handle (Ref. 37, Fig. 7) having a hand grip portion (Fig. 7 lower straight portion of handle) extending in the longitudinal direction (Fig. 2 shows the handle grip portion extending in a longitudinal direction), and in use, a user carries the portable surface cleaner using the carry handle ([Col. 2, lines 65-66]). Kiraly as modified fails to explicitly teach wherein the a carry handle is provided on the openable lid. Blasé teaches a vacuum cleaner with a hose, a nozzle, and a hose wrap and can be considered analogous art because it is within the same field of endeavor. Blase teaches wherein the a carry handle (Ref. 38, Fig. 1) is provided on the openable lid (Ref. 34, Fig. 2&4, [Col. 2, Lines 55-56 & Col. 7, Lines 5-8]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the location of the carry handle, as taught by Kiraly as modified, to be provided on the openable lid, as taught by Blasé, since such a modification would yield the predictable result of carrying and maneuvering the portable surface cleaner.
Regarding Claim 3, Kiraly as modified teaches the limitations of claim 2, as described above, and Kiraly teaches a pre-motor filter chamber (Ref. 20, Fig. 4), and a suction motor axis of rotation (See annotated Fig. 3 below) extends through the pre-motor filter chamber (Fig. 3).
Regarding Claim 4, Kiraly as modified teaches the limitations of claim 3, as described above, and Kiraly teaches wherein the air treatment chamber has an upper end (See annotated Fig. 3 below) and an opposed lower end (See annotated Fig. 3 below), an air treatment chamber axis (See annotated Fig. 3 below) that extends transverse to the longitudinal axis and intersects the upper and lower ends of the air treatment chamber (Fig. 3), and an air treatment chamber air inlet (Ref. 22, top hole, Fig. 7) and an air treatment chamber air outlet (Ref. 22, bottom hole, Fig. 7) are provided at a common end of the air treatment chamber that is intersected by the longitudinal axis (Fig. 3 shows the inlet and outlet are at a common end and the common end is intersected by the longitudinal axis, if applicant intends for the inlet and outlets to be intersected by the longitudinal axis such a limitation is not required).
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Regarding Claim 5, Kiraly as modified teaches the limitations of claim 3, as described above, and Kiraly teaches wherein the hose is removably connectable in fluid flow communication with the dirty air inlet ([col. 2, Lines 45-47] describes the hose can selectively have fluid flow communication with the dirty air inlet).
Regarding Claim 6, Kiraly as modified teaches the limitations of claim 5, as described above, and Kiraly teaches wherein the brush is removably connectable in fluid flow communication with the hose (Fig. 2-3, [Col. 3, Lines 13-14]).
Regarding Claim 10, Kiraly as modified teaches the limitations of claim 9, as described above, and Kiraly teaches a lower end of the portable surface cleaner (Fig. 2, bottom end). Kiraly fails to explicitly wherein the hose wrap is provided at a lower end of the portable surface cleaner. Blase teaches a vacuum cleaner with a hose, a nozzle, and a hose wrap and can be considered analogous art because it is within the same field of endeavor. Blase teaches wherein a hose wrap (Ref. 217, Fig. 3) is provided at a lower end of the portable surface cleaner (Ref. 36, fig. 3 bottom end). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the hose wrap, as taught by Kiraly as modified, to be at the lower end of the portable surface cleaner, as taught by Blase, by rearrangement of parts since such a modification would not modify the operation of the device (MPEP 2144.04 VI C) and since such a modification would allow for the hose to be held on the portable surface cleaner.
Regarding Claim 11, Kiraly as modified teaches the limitations of claim 10, as described above, and Kiraly teaches wherein the hose wrap comprises a recess (Fig. 4 shows a recess for the hose to sit in).
Regarding Claim 12, Kiraly as modified teaches the limitations of claim 10, as described above, and Kiraly teaches wherein the brush is removably connectable in fluid flow communication with the hose ([Col. 3, Lines 13-14]).
Regarding Claim 13, Kiraly as modified teaches the limitations of claim 12, as described above, and Kiraly teaches an accessory tool holder (Ref. 48, Fig. 3).
Regarding Claim 14, Kiraly as modified teaches the limitations of claim 13, as described above, and Kiraly teaches wherein the dirty air inlet (19) is provided at a front wall (Ref. 18, Fig. 4) at the front end (Fig. 3) and the accessory tool holder (48) is provided at the rear end (Fig. 3).
Regarding Claim 15, Kiraly as modified teaches the limitations of claim 13, as described above, and Kiraly teaches wherein the portable surface cleaner is elongated in shape, has an upper end having a carry handle (Ref. 37, Fig. 1 shows that the carry handle when flipped upwards is in the upper half and upper end of the portable surface cleaner), a length (fig. 1 annotated below) in the longitudinal direction, a height (fig. 1 annotated below) between a lower end of the surface cleaner and the upper end, a width (fig. 1 annotated below) in a direction transverse to the length and the height (Fig. 1) and the length is a long dimension of the portable surface cleaner (Fig. 1, [Col. 11, Lines 47-50] describe a rectangular enclosure) and the carry handle has a hand grip potion that extends in the longitudinal direction (Fig. 2 shows the handle grip portion extending in a longitudinal direction).
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Regarding Claim 16, Kiraly as modified teaches the limitations of claim 15, as described above, and Kiraly teaches wherein the length is longer than the width (Fig. 1, [Col. 1, Lines 47-50] describe a rectangular enclosure).
Response to Arguments
Applicant’s amendments to the claims are acknowledged and examiner has withdrawn the 35 USC 112(a) rejection.
Applicant’s arguments, filed 01 June, 2026, with respect to the rejection(s) of claim(s) 1-6 and 8-19 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kiraly in view of Ataka. Applicant has amended the claims thereby changing the scope of the claims necessitating a new grounds of rejection. Kiraly teaches a portable surface cleaner having a front end, a rear end, and sidewalls and comprising an air flow path extending from a dirty fluid inlet (Ref. 19, fig. 4) to a clean air outlet (Ref. 22, top hole, fig. 7) with an air treatment chamber (See annotated Fig. 2 below) and a suction motor (Ref. 42, fig. 2, [Col. 1, Lines 54-55]) positioned in the air flow path (Fig. 2, [Col. 3, Lines 4-9]). Ataka teaches a portable surface cleaner (Fig. 1) the surface cleaner comprises an air treatment chamber (Fig. 2) and a suction motor (Ref. 2, Fig. 1) positioned in the air flow path (Fig. 1), wherein the suction motor (2) is positioned downstream of the air treatment chamber (Fig. 1), wherein a portion of the air treatment chamber (Ref. 7&8, Fig. 1-2) forms a portion of an outer surface of the portable surface cleaner (Ref. 7, Fig. 1-2) and the air treatment chamber is removable (Fig. 2) wherein, when the air treatment chamber is removed from the portable surface cleaner (Fig. 2), the portion of the air treatment chamber forming the portion of the outer surface of the portable surface cleaner is also removed from the portable surface cleaner (Fig. 2). Examiner is using the teachings of Ataka to teach the repositioning of the motor and air treatment chamber along with the air treatment chamber forming an external portion of the air treatment chamber housing. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure the air treatment chamber, as taught by Kirly, with the removable air treatment chamber that forms an outer surface of the surface cleaner, as taught by Ataka, since such a modification is merely an alternate equivalent structure to allow debris collection and to allow for easy emptying and disposal of accumulated debris ([Col. 3, Lines 1-12]). Further, it would have been obvious to one of ordinary skill in the art before the effective filing date to configure the suction motor and air treatment chamber, as taught by Kiraly, to have the suction motor downstream of the air treatment chamber, as taught by Kiraly, since such a modification would yield the predictable result of suctioning and capturing debris and preventing dust from traveling across the suction motor allowing only clean air to exit the surface cleaning device ([Col. 2, lines 48-57]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Laughlin (0,955,886), Shellman (2,643,733), and Cyphert (4,216,563) teaches portable surface cleaning devices with removable air treatment chambers and can be considered analogous art because they are within the same field of endeavor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA L POON whose telephone number is (571)272-6164. The examiner can normally be reached on General: 6:30AM-3:30PM.
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/DANA LEE POON/Examiner, Art Unit 3723
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