Prosecution Insights
Last updated: October 02, 2026
Application No. 16/666,845

VACUUM CLEANER

Non-Final OA §102§103
Filed
Oct 29, 2019
Priority
Oct 21, 2019 — EU 19204248.9
Examiner
FORDJOUR, SARAH AKYAA
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Black & Decker Inc.
OA Round
7 (Non-Final)
52%
Grant Probability
Moderate
7-8
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
74 granted / 142 resolved
-17.9% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
37 currently pending
Career history
195
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
58.0%
+18.0% vs TC avg
§102
23.9%
-16.1% vs TC avg
§112
13.4%
-26.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 142 resolved cases

Office Action

§102 §103
DETAILED ACTION VACUUM CLEANER 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02-17-2026 has been entered. Response to Amendment The amendments filed 02-17-2026 has been entered. Claims 1-10,13,17-23,24-25 are currently pending and have been examined. Applicant’s amendment overcomes 112 rejection previously set forth in Final Office action mailed on 08-14-2025. The previous rejection has been updated to a 103 rejection due to applicant’s amendments. Claim Rejections - 35 USC § 102 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 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. Claim(s) 14 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (US20210052119A1). Regarding claim 14, Choi teaches mounting at least one rigid carrier (314, figure 7) on an outer surface of the elongate central body (311, figure 6), wherein the at least one rigid carrier projects from the outer surface of the elongate central body by a first distance (see annotated figure below); and mounting at least one flexible cleaning element (3154, figures 3-5) to the at least one rigid carrier, wherein the at least one flexible cleaning element projects from the outer surface of the elongate central body by a second distance, and the first distance is less than the second distance (see annotated figure below), wherein the at least one rigid carrier has a first wall including a first interior surface and a first exterior surface that extend at an angle away from the at least one flexible cleaning element on a first side of the at least one flexible cleaning element, and a second wall including a second interior surface and a second exterior surface that extend at an angle away from the at least one flexible cleaning element on a second side of the at least one flexible cleaning element, both the first wall and the second wall extending away from the elongate central body so as not to be flush with the elongate central body (see annotated figure below). PNG media_image1.png 712 1286 media_image1.png Greyscale PNG media_image2.png 712 1286 media_image2.png Greyscale 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. Claim(s) 1-8,13,17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20210052119A1) in view of Grogran (US3139641A). Regarding claim 1, Choi teaches an elongate central body (311, figure 6) having an outer surface; at least one rigid carrier (314, figure 7) mounted on the outer surface of the elongate central body and projecting from the outer surface of the elongate central body by a first distance (see annotated figure below); at least one flexible cleaning element (3154, figures 3-5) mounted to the at least one rigid carrier and projecting from the outer surface of the elongate central body by a second distance, wherein the first distance is less than the second distance; and the at least one rigid carrier having a first wall (3145, figure 7) including a first interior surface and a first exterior surface that extend at an angle away from the at least one flexible cleaning element on a first side of the at least one flexible cleaning element, and a second wall (3145, figure 7) including a second interior surface and a second exterior surface that extend at an angle away from the at least one flexible cleaning element on a second side of the at least one flexible cleaning element, wherein a first space exists between the first exterior surface of the first wall and the outer surface of the elongate central body and a second space exists between the second exterior surface of the second wall and the outer surface of the elongate central body (see annotated figure below). PNG media_image1.png 712 1286 media_image1.png Greyscale PNG media_image2.png 712 1286 media_image2.png Greyscale Choi fails to teach the one rigid carrier is removably mounted. Grogran teaches a cylindrical brush construction (figures 1-3) that has removably mounted rigid carrier. (col 6 lines 45-69) It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Choi to have the rigid carrier to be removably mounted based on the teachings of Grogran, since separating parts that were once integral involves only routine skill in the art. This modification would make it easier to replace the rigid carrier. Regarding claim 2, modified Choi teaches wherein the first wall and the second wall of the at least one rigid carrier project from the outer surface of the elongate central body in a different direction (see annotated figure above) from the at least one flexible cleaning element (see Choi 3154, figure 7). Regarding claim 3, Choi as modified in claim 1 teaches wherein the outer surface of the elongate central body comprises a recess (see Choi 3112-1 and 3112-2, figure 5) and wherein the at least one rigid carrier is removably mounted (see Grogran col 6 lines 45-69) in the recess on the outer surface of the elongate central body. Regarding claim 4, modified Choi wherein the at least one rigid carrier comprises a plurality of clips (see Choi 3144 and 3144, figure 7) located between the first wall and the second wall (see annotated figure above) for securing a base of the at least one flexible cleaning element to the at least one rigid carrier. Regarding claim 5, modified Choi teaches wherein the at least one rigid carrier (Choi 314, figure 7) comprises a first rigid carrier (Choi 314-1, figure 7)and a second rigid carrier (Choi 314-2, figure 7), wherein the first and second rigid carriers are spaced from one another to create a space between their respective walls to allow for a cutting implement to fit therein. Regarding claim 6, modified Choi teaches wherein the at least one flexible cleaning element (Choi 3154, figure 7) is one or more of a bristle strip, a cleaning blade, or cleaning flap. (para 0089-0102 of Choi) Regarding claim 7, modified Choi teaches wherein at least a portion of the at least one rigid carrier comprises a helical shape (figure 6 of Choi). Regarding claim 8, modified Choi teaches wherein the at least one rigid carrier comprises a first portion of a length of the at least one rigid carrier (see Choi figure 6) having helical shape in a first direction and a second portion of the length of the at least one rigid carrier (See Choi figure 6) having a helical shape in a second direction. Regarding claim 13, modified Choi teaches wherein the at least one flexible cleaning element cannot be deformed to a position which is less than the first distance when engaging a surface to be cleaned. (para 0086-0130 of Choi). Regarding claim 17, modified Choi teaches wherein the at least one rigid carrier includes at least two rigid carriers (Choi 314, figure 6) spaced evenly around the elongate central body. (see Choi 311, figure 6) Regarding claim 19, Choi teaches an elongate central body (311, figure 6) having an outer surface; at least one rigid carrier (314, figure 7) mounted on the outer surface of the elongate central body and projecting from the outer surface of the elongate central body by a first distance (see annotated figure below); at least one flexible cleaning element (3154, figures 3-5) mounted to the at least one rigid carrier and projecting from the outer surface of the elongate central body by a second distance, wherein the first distance is less than the second distance; and the at least one rigid carrier having: a first wall (3145, figure 7) including a first interior surface and a first exterior surface that extend at an angle away from the at least one flexible cleaning element on a first side of the at least one flexible cleaning element; and a second wall (3145, figure 7) including a second interior surface and a second exterior surface that extend at an angle away from the at least one flexible cleaning element on a second side of the at least one flexible cleaning element, wherein the first exterior surface of the first wall extends at an angle less than 90 degrees with respect to the outer surface of elongate central body and the second exterior surface of the second wall extends at an angle that is less than 90 degrees with respect to the outer surface of the elongate central body. (see annotated figure below) PNG media_image1.png 712 1286 media_image1.png Greyscale PNG media_image2.png 712 1286 media_image2.png Greyscale Choi fails to teach the one rigid carrier is removably mounted. Grogran teaches a cylindrical brush construction (figures 1-3) that has removably mounted rigid carrier. (col 6 lines 45-69) It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Choi to have the rigid carrier to be removably mounted based on the teachings of Grogran, since separating parts that were once integral involves only routine skill in the art. This modification would make it easier to replace the rigid carrier. Regarding claim 18, modified Choi teaches wherein the at least one rigid carrier (Choi 314, figure 6) includes at least two rigid carriers (Choi 314-1,314-2, figure 7) spaced evenly around the elongate central body (311, figure 7). Regarding claim 20, modified Choi teaches wherein the at least one flexible cleaning element is capable of deforming but always projecting a distance equal to or greater than the first distance as the at least one flexible cleaning element contacts a surface to be cleaned. (para 0086-0130 of Choi). Regarding claim 21, modified Choi teaches wherein the outer surface of the elongate central body comprises a recess (see Choi 3112-1 and 3112-2, figure 5) and wherein the at least one rigid carrier is removably mounted (see Grogran col 6 lines 45-69) in the recess on the outer surface of the elongate central body. Regarding claim 22, modified Choi teaches wherein the at least one rigid carrier comprises a plurality of clips (see Choi 3144 and 3144, figure 7) located between the first wall and the second wall (see annotated figure above) for securing a base of the at least one flexible cleaning element to the at least one rigid carrier. Regarding claim 23, modified Choi teaches wherein the at least one rigid carrier (Choi 314, figure 7) comprises a first rigid carrier (Choi 314-1, figure 7) and a second rigid carrier (Choi 314-2, figure 7), wherein the first and second rigid carriers are spaced from one another to create a space between their respective walls, the space being at least double the thickness of the flexible cleaning element to allow for a cutting implement to fit therein. Claim(s) 9-10 and 24-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US20210052119A1) in view of Grogran (US3139641A) as applied to claims 1 and 19 further in view Morishita (JP2003290092A) Regarding claims 9 and 24, Choi as modified above teaches all limitations stated above, but fails to teach at least one other flexible cleaning element mounted directly to the elongate central body in the space between the first rigid carrier and the second rigid carrier. Morishita teaches a method of manufacturing rotary cleaning body for vacuum cleaner (abstract) that includes flexible cleaning element (23, figures 1-4) mounted to a rigid carrier, and other flexible cleaning element (20, figure 2) mounted directly to elongate central body (10, figure 4). It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Choi to least one other flexible cleaning element mounted directly to the elongate central body in the space between the first rigid carrier and the second rigid carrier based on the teachings of Morishita, since a mere duplication of essential working part of device involves only routine skill in the art. This modification would improve the cleaning effect of the brushroll. Regarding claims 10 and 25, modified Choi teaches wherein the at least one other flexible cleaning element projects (see Morishita 20, figures 1-2) from the outer surface of the elongate central body by a third distance which is at least greater than the first distance (see Morishita, figures 1-2 shows element 20 is shorter than flexible cleaning element). Response to Arguments Applicant’s arguments see filed 02-17-2026, with respect to the rejection(s) of claim(s) 1,14 and 19 and their dependent claims under 35 U.S.C.102 have been fully considered but are moot because the new ground of rejection (as necessitated by amendment) relies on a different combination of prior art references, not applied in the prior rejection of record to teach the amendment. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH AKYAA FORDJOUR whose telephone number is (571)272-0390. The examiner can normally be reached Monday - Thursday 9:30am - 5:30pm and Friday 6:00am-3:00pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /SARAH AKYAA FORDJOUR/Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
Read full office action

Prosecution Timeline

Show 20 earlier events
Nov 25, 2024
Non-Final Rejection mailed — §102, §103
Apr 09, 2025
Examiner Interview Summary
Apr 09, 2025
Applicant Interview (Telephonic)
Apr 23, 2025
Response Filed
Aug 14, 2025
Final Rejection mailed — §102, §103
Feb 17, 2026
Request for Continued Examination
Mar 06, 2026
Response after Non-Final Action
Apr 07, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12690734
CLEANER HEAD AND CLEANER INCLUDING THE SAME
3y 9m to grant Granted Jul 28, 2026
Patent 12685423
CLEANING MACHINE ERGONOMIC HANDLE
2y 5m to grant Granted Jul 21, 2026
Patent 12667238
SURFACE CLEANING APPARATUS WITH STEAM DELIVERY
3y 3m to grant Granted Jun 30, 2026
Patent 12643158
GRINDING TOOL FOR GRINDING BUTTONS ON A ROCK DRILL BIT
4y 5m to grant Granted Jun 02, 2026
Patent 12520976
SURFACE CLEANING APPARATUS
4y 0m to grant Granted Jan 13, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

7-8
Expected OA Rounds
52%
Grant Probability
78%
With Interview (+25.8%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 142 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month