DETAILED ACTION
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 1 October 2025 have been considered by the examiner. However, the examiner notes that the IDS documents include an extensive number of references, many/most of which have little to no relevance to the specifics of the claimed invention of the current application. Although the examiner has reviewed the applicant’s submitted references, the examiner again requests 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 § 103
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 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 1-6, 8-12, 14-16 and 18-24 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (7,547,338) in view of Dimbylow et al. (2018/0263439).
Kim discloses a dust collection apparatus for a vacuum cleaner, having an air flow path extending from a nozzle having a dirty air inlet (210), which is provided at the front end, to a clean air outlet; a non-cyclonic cleaning stage comprising a non-cyclonic chamber (313) with a screen (340) provided therein and wherein, in operation, air enters the non-cyclonic chamber and particulate matter is retained in the non-cyclonic chamber and treated air exits the non-cyclonic chamber, the nozzle being in a fixed position with respect to the non-cyclonic cleaning stage during cleaning operations; and a cyclonic cleaning stage (312, 420, 510, 520) downstream from the non-cyclonic cleaning stage, the cyclonic cleaning stage comprising a dirt collection chamber (410). However, Kim fails to disclose specifics of the vacuum cleaner to which the dust collecting unit is provide. Dimbylow discloses a similar handheld vacuum cleaner, also having first and second cleaning stage, with the second stage being a cyclonic stage very similar to Kim. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to provide the dust collection unit of Kim to a vacuum cleaner with similar configuration to Dimbylow, to provide the suction source and support for manual operation to the dust collecting unit of Kim. Thus, the separator of Kim having the housing of Dimbylow provides a handheld vacuum cleaner a front end, a rear end and a longitudinal axis (X) extending from the front end to the rear end, the handheld vacuum cleaner comprising: an air flow path extending from a nozzle (collar 43 of Dimbylow reads on a nozzle, having an inlet opening to receive attachment 10, and being inherently capable of functioning as an intake nozzle) having a dirty air inlet, which is provided at the front end, to a clean air outlet (rear end of motor housing 11) of the handheld vacuum cleaner; a suction motor (12) operable to move air along the air flow path; the non-cyclonic cleaning stage of Kim, having an openable front end (similar to Dimbylow to allow emptying of the cleaning stage), which, when opened, opens the non-cyclonic chamber, with the nozzle being in a fixed position with respect to the non-cyclonic cleaning stage (provided by Kim and Dimbylow, with the collar 43 understood to be formed integrally on the lid, and thus reading on the fixed position nozzle) during cleaning operations of the handheld vacuum cleaner; and the cyclonic cleaning stage of Kim downstream from the non-cyclonic cleaning stage, the cyclonic cleaning stage comprising a dirt collection chamber (410 of Kim, 51 of Dimbylow) wherein, opening the openable front end also opens the dirt collection chamber (openable end 26 of Dimbylow shown to cover the open end of the dirt collection chamber 51, and shown open to allow emptying of both non-cyclonic and cyclonic dirt collection chambers in Fig. 8), which would further be recognized by anyone of ordinary skill in the art to assist with fast and easy emptying of all collected debris, in the same manner taught by Dimbylow.
Regarding the amended claim limitations of claim 1 (and 22 below), Dimbylow provides the front end of the handheld vacuum cleaner with an openable front end wall (26) which, when moved to an open position, opens the non-cyclonic chamber of the non-cyclonic cleaning stage (of Kim) and the dirt collection chamber (51) of the cyclonic cleaning stage (20), and wherein the nozzle comprises a conduit (collar 43) that extends forwardly from the openable front end wall such that the nozzle is in a fixed position (as discussed above) with respect to the non-cyclonic cleaning stage during cleaning operations of the handheld vacuum cleaner and the nozzle moves with the openable front end wall as the openable front end wall is moved to the open position during emptying operations of the handheld vacuum cleaner.
Regarding claim 22, the combination of Kim and Dimbylow, as discussed for claim 1 further discloses the handheld vacuum cleaner having a front end, a rear end and a longitudinal axis extending from the front end to the rear end, the handheld vacuum cleaner comprising: an air flow path extending from a nozzle having a dirty air inlet, which is provided at the front end, to a clean air outlet of the handheld vacuum cleaner; a suction motor (of Dimbylow) operable to move air along the air flow path; the non-cyclonic cleaning stage of Kim comprising a non-cyclonic chamber with a screen provided therein and an openable front end (of Dimbylow) which is moveable concurrently with the nozzle to an open position in which the non-cyclonic chamber is opened wherein, in operation, air enters the non-cyclonic chamber and particulate matter is retained in the non-cyclonic chamber and treated air exits the non-cyclonic chamber; and, the cyclonic cleaning stage of Kim downstream from the non-cyclonic cleaning stage, the cyclonic cleaning stage comprising a dirt collection chamber wherein, opening the openable front end also opens the dirt collection chamber.
Regarding claims 3 and 23, when the non-cyclonic chamber of Kim is provided in the cleaner of Dimbylow, as discussed supra, the combination further discloses that the non-cyclonic chamber has a chamber axis extending centrally therethrough from the openable front end wall to a rear end of the non-cyclonic chamber (which would be concurrent with the central axis X of Dimbylow) and the chamber axis extends through the dirty air inlet of Dimbylow.
Regarding claim 4, Kim and Dimbylow both further disclose that a portion of the dirt collection chamber extends concurrently with the non-cyclonic cleaning stage
Regarding claim 5, Dimbylow further discloses a front end of the dirt collection chamber is closed by the openable front end wall of the handheld vacuum cleaner when the openable front end wall is in a closed position, as discussed supra.
Regarding claims 6, 12 and 16, Dimbylow further discloses that the suction motor has a motor axis of rotation that extends through the cyclonic cleaning stage and the non-cyclonic cleaning stage.
Regarding claims 8, 14, 18 and 24 Kim and Dimbylow both further disclose that the cyclonic cleaning stage comprises a plurality of cyclone air inlets (each guide channel 520 reading on a cyclone inlet).
Regarding claims 9, 15, 19 and 20, Dimbylow further discloses that an inlet passage extends from the dirty air inlet to the non-cyclonic chamber, the inlet passage has an inlet passage axis that extends through the non-cyclonic chamber, the cyclonic cleaning stage and the suction motor.
Regarding claim 10, Dimbylow further discloses a handle (6) and an energy store (14) in locations that a plane transverse to the longitudinal axis extends through the handle and the energy store.
Regarding claim 11, Kim and Dimbylow further disclose that a plane transverse to the longitudinal axis extends through of the non-cyclonic chamber, the screen and the dirt collection chamber (at a position coplanar with the screen).
Regarding claim 21, Dimbylow further disclose that the nozzle is directly connectable to an accessory tool (110 of Fig. 6)
Claims 7, 13, 17 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (7,547,338) in view of Dimbylow et al. (2018/0263439) as applied to claims 1, 5, 11, 16 and 22, and further in view of Catlett (4,175,352).
The combination of Kim and Dimbylow provides the non-cyclonic chamber (of Kim) having a chamber sidewall (313) extending between the openable front end and a rear end of the non-cyclonic chamber, but fails to disclose that the screen is moveable relative to the chamber sidewall. Catlett discloses another vacuum cleaner, also having a non-cyclonic chamber for separating debris from the air flow, also using a screen (62) to separate the debris, and teaches that the screen may be removable (by opening of a front wall 48, as seen in Fig. 7), which will allow a user to clean the screen and/or replace the screen as needed, which will optimize separating operation and maintain intended function. Therefore, it further would have been obvious to one of ordinary skill in the art at the time the invention was made to configure the screen of Kim to also be removable, as taught by Catlett, to allow a user to clean the screen and/or replace the screen as needed.
Response to Arguments
Applicant's arguments filed 12 June 2026 have been fully considered but they are not persuasive. The applicant relies on the argument that the Dimbylow does not disclose the nozzle, as amended. However, as noted above, the examiner has modified the interpretation of Dimbylow such that the previously applied prior art does still read on the amended claims. Therefore,
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of Beskow et al. (8,424,154), Tonderys et al. (2019/0090701), Robinson (3,477,087), Bone et al. (5,966,774) and Wright (5,904,160) each disclose devices having similar structure and function as the applicant’s claimed invention.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
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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 29 June 2025
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