Prosecution Insights
Last updated: May 29, 2026
Application No. 18/242,714

SURFACE CLEANING APPARATUS

Final Rejection §103
Filed
Sep 06, 2023
Priority
Dec 14, 2022 — divisional of 11/779,182
Examiner
FORDJOUR, SARAH AKYAA
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BISSELL Inc.
OA Round
2 (Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
3m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
71 granted / 132 resolved
-16.2% vs TC avg
Strong +31% interview lift
Without
With
+30.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
26 currently pending
Career history
185
Total Applications
across all art units

Statute-Specific Performance

§103
84.2%
+44.2% vs TC avg
§102
11.1%
-28.9% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 132 resolved cases

Office Action

§103
DETAILED ACTION Surface Cleaning Apparatus 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 . Response to Amendment The amendments filed 12-29-2025 has been entered. Claims 1-6,10-22 are currently pending and have been examined. Claims 7-9 have been cancelled. Claims 21-22 are newly added. Applicant’s amendment overcome the drawing objections previously set forth in the Non-Final Office action mailed 09-30-2025. The previous rejection has been updated due to applicant’s amendments. Response to Arguments Applicant’s arguments see pages filed 12-29-2025, with respect to the rejection(s) of claim(s) 1 and their dependent claims under 35 U.S.C.102 and 35 U.S.C 103 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 amendments. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, prior art Pruiett includes sensors that can be configured to determine a travel direction of the floor cleaner (see para 0119, 00134) and prior art Davila discloses a pump that control by the direction the cleaner moves, where the cleaner includes a sensor that determines the direction of movement of the cleaner (see para 0038), where the directions include a forward direction (40) and a backward/ reverse direction (42); wherein depending on the direction of the cleaner a controller activates or deactivates a pump (64’; para 0039). Therefore, prior art Davila discloses the controller allows the delivery of fluid to be selectively controlled within the pump to dispense fluid or shut off fluid (see 64'; para 0039) based on the direction of the cleaner . A person of ordinary skill in art would be able to modify Pruiett based on teachings from prior art Davila’s so that Pruiett's controller is configured to activate the pump and dispense cleaning fluid from the fluid dispenser in response to data from the direction sensor indicative of a forward stroke of the surface cleaning apparatus and to deactivate the pump and shut off cleaning fluid dispensing in response to data from the direction sensor indicative of a backward stroke of the surface cleaning apparatus. 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) 1-6,10-11,13-16,22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pruiett (US2021/0259494A1) in view of Truitt (US20190387942A1). Regarding claim 1, Pruiett teaches a suction source (56, figure 3); a base (14, figure 2) adapted for movement over a surface to be cleaned and comprising: a suction inlet port (54; para 0065) in fluid communication with the suction source; a brushroll (60, figure 3) to agitate the surface to be cleaned; and a fluid dispenser (76, figure 4) to deliver cleaning fluid to at least one of the brushroll and the surface to be cleaned; an upright body (12, figure 3) pivotally mounted to the base (para 0060-0061); a pump (78, figure 4) in fluid communication with the fluid dispenser, the pump disposed on one of the base (figure 4) and the upright body; a motor (80, figure 15; para 0091,0093) coupled with the brushroll to drive the brushroll, the motor disposed on one of the base and the upright body; a floor type sensing mechanism (124, abstract, para 0047,0048,0077-0078; and the floor type sensor can include one or combination sensors including mechanical sensors that detect changes in physical or mechanical properties); and a main controller (100, figure 14) in communication with the floor type sensing mechanism and configured to execute: a dry vacuuming mode (“dry clean/cleaning mode”; para 0077,0150-0151,0159-0160) in which a dry mode operating parameter is set to a predetermined dry mode level, the dry mode operating parameter comprising at least one of a brushroll speed and a suction power level (para 0149-0150); and a smart wet cleaning mode (“wet clean mode”; para 0150,0113-0114) in which a wet mode operating parameter is set based on data from the floor type sensing mechanism , wherein the wet mode operating parameter is at least one of a fluid dispensing flow rate (para 0150,0113-0114), a brushroll speed, and a suction power level. However, Pruiett fails teach a base controller, current sensor configured to measure a current draw of the motor; and a speed sensor configured to measure a speed of the motor; wherein the base controller is configured to receive and process data from the current sensor and the speed sensor, and communicate the data to the main controller. Truitt teaches a method of operating a floor cleaner, where the floor cleaner has different operation modes to correspond to various surfaces that are cleaned by a floor cleaner (see para 0041,0046). The floor cleaner includes a base (58, figure 2) that has a brushroll (94, figure 2), a main controller (100, figure 3), floor sensing mechanism comprising a current sensor configured to measure a current draw of the motor (para 0037-0046); and a speed sensor configured to measure a speed of the motor (para 0037-0046 and base controller (para 0038, figure 3) that is configured wherein the base controller is configured to receive torque, current, speed data and process data from a sensor (para 0038), and communicate the data to the main controller (para 0037-0040) It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Pruiett to have a base controller, current sensor configured to measure a current draw of the motor; and a speed sensor configured to measure a speed of the motor; wherein the base controller is configured to receive and process data from the current sensor and the speed sensor, and communicate the data to the main controller based on the teachings of Truitt. This modification would ensure main controller is not overloaded, and allow for the brushroll to be directly controlled (para 0036-0038 of Truitt). Regarding claim 2, modified Pruiett teaches during the smart wet cleaning mode, the main controller is configured to: set the wet mode operating parameter to a hard floor level in response to data from the floor type sensing mechanism indicative of a hard floor (see Pruiett para 0059,0077,0088 0101,0104); and set the wet mode operating parameter to a soft floor level in response to data from the floor type sensing mechanism indicative of a soft floor (see Pruiett para 0044 0059,0077). Regarding claim 3, modified Pruiett teaches wherein in the smart wet cleaning mode the main controller is configured to operate the suction source at a first suction power level in response to data from the floor type sensing mechanism indicative of a hard floor (Pruiett para 0077 0103-0104,0126 0127) and to operate the suction source at a second suction power level that is higher than the first suction power level in response to data from the floor type sensing mechanism indicative of a soft floor (Pruiett para 0077 0103-0104,0126 0127). Regarding claim 4, modified Pruiett teaches wherein in the smart wet cleaning mode the main controller is configured to operate the motor at a first brushroll speed in response to data from the floor type sensing mechanism indicative of a hard floor and to operate the motor at a second brushroll speed that is higher than the first brushroll speed in response to data from the floor type sensing mechanism indicative of a soft floor (Pruiett para 0077 0103-0104,0126 0127). Regarding claim 5, modified Pruiett wherein in the smart wet cleaning mode the main controller is configured to operate the pump at a first fluid dispensing flow rate in response to data from the floor type sensing mechanism indicative of a hard floor and to operate the pump at a second fluid dispensing flow rate that is higher than the first fluid dispensing flow rate in response to data from the floor type sensing mechanism indicative of a soft floor (see Pruiett para 0077). Regarding claim 6, modified Pruiett teaches wherein in the smart wet cleaning mode the main controller is configured to: operate the suction source at a first suction power level in response to data from the floor type sensing mechanism indicative of a hard floor and to operate the suction source at a second suction power level that is higher than the first suction power level in response to data from the floor type sensing mechanism indicative of a soft floor; and/or (examiner interpreting only one of these limitations need to be met) operate the motor at a first brushroll speed in response to data from the floor type sensing mechanism indicative of a hard floor and to operate the motor at a second brushroll speed that is higher than the first brushroll speed in response to data from the floor type sensing mechanism indicative of a soft floor (see Pruiett para 0077). Regarding claim 10, Pruiett teaches a controller capable of collecting data from plurality of sensors (see Pruiett para 0008) and the main controller is configured to monitor motor torque as a function of one or more of motor current and motor speed based on data from the floor type sensing mechanism. (see Truitt para 0037-0046) Regarding claim 11, modified Pruiett teaches wherein the main controller is configured to detect a change in floor type based on data from the floor type sensing mechanism, the change in floor type caused by the base crossing from a first type to a second floor type, and identify a change in floor type of the surface to be cleaned in response to detecting the change in floor type, and wherein the main controller is configured to adjust the wet mode operating parameter based on the identified change in floor type (see Pruiett para 0077). Regarding claim 13, modified Pruiett teaches wherein, during the dry vacuuming mode, the main controller is further configured to execute a turbo mode in which the dry mode operating parameter is increased above the predetermined dry mode level (see Pruiett para 0075 discloses when there is a severely dirty floor that information is sent to the main controller the brushroll speed can be increased). Regarding claim 14, modified Pruiett teaches wherein, during the smart wet cleaning mode, the main controller is further configured to execute a turbo mode in which the wet mode operating parameter is increased . (see Pruiett para 0075 discloses when there is a severely dirty floor that information is sent to the main controller the flow rate of the cleaning fluid can be increased ) Regarding claim 22, modfied Pruiett wherein the base controller is configured to calculate a torque value from the data from the current sensor and the speed sensor and communicate the torque value to the main controller, wherein the main controller is configured to determine whether a floor type is a hard floor or a soft floor based on the torque value. (see Truitt; para 0040-0041) Claim(s) 12 are rejected under 35 U.S.C. 103 as being unpatentable over Pruiett (US2021/0259494A1) in view of Truitt (US20190387942A1) as applied to claim 1 further in view of Davila (US 20210315432A1) Regarding claim 12, Pruiett teaches all limitations stated above and a controller capable of collecting data from plurality of sensors (para 0008),and a direction sensor configured to determine a travel direction of the surface cleaning apparatus, ( para 0083, 0119-0131) discloses collecting information regarding mapping and navigation and cleaning path using sensors the main controller in communication with the direction sensor (para 0008,0010), but fails to teach wherein the main controller is configured to activate the pump in the smart wet cleaning mode in response to data from the direction sensor indicative of a forward stroke of the surface cleaning apparatus and to deactivate the pump in the smart wet cleaning mode in response to data from the direction sensor indicative of a backward stroke of the surface cleaning apparatus. Davila teaches a floor cleaner that includes a direction sensor configured to determine a travel direction of the surface cleaning apparatus, a controller in communication with the direction sensor, wherein the main controller is configured to activate and deactivate the pumps within the floor cleaner depending on the direction the floor cleaner is moving(para 0039). It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have further modified the apparatus of Pruiett to include a the main controller is configured to activate the pump in response to data from the direction sensor indicative of a forward stroke of the surface cleaning apparatus and to deactivate the pump in response to data from the direction sensor indicative of a backward stroke of the surface cleaning apparatus based on the teachings of Davila. This modification would help provide control over the surface cleaning apparatus and pumps during the wet cleaning mode (see Davila para 0039). Claim(s) 15 are rejected under 35 U.S.C. 103 as being unpatentable over Pruiett (US2021/0259494A1) in view of Truitt (US20190387942A1) as applied to claim 1 further in view of De Wit (US12193621B2). Regarding claim 15, Pruiett teaches a user interface (32, para 0057-0059 0075,0077,0079) configured to accept user inputs to control the surface cleaning apparatus, the user interface comprising a plurality of input controls, the plurality of input controls comprising:a mode input control to select between the dry vacuuming mode and the smart wet cleaning mode (para 0149-0151), but fails to teach a turbo input control to activate a turbo mode in which the dry mode operating parameter and/or the wet mode operating parameter is increased. De Wit teaches a cleaning device that includes a turbo input control to activate a turbo mode in which an operating parameter is increased (col 9 lines 35-50). It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have further modified the apparatus of Pruiett to include a turbo input control to activate a turbo mode in which the dry mode operating parameter and/or the wet mode operating parameter is increased based on the teachings of De Wit. This modification makes it easier for a user to increase the cleaning intensity of the surface cleaning apparatus. ( see De Wit abstract , col 2 lines 40-50, col 9 lines 35-50) Regarding claim 16, Pruiett as modified in claim 15 teaches wherein the user interface further comprises at least one of (examiner interpreting only one of these limitations need to be met); a power button to control a supply of power to one or more electrical components of the surface cleaning apparatus (see Pruiett para 0120 0149); and a self-clean button to activate a self-cleaning mode in which an automatic, unattended clean-out cycle is executed. Claim(s) 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Pruiett (US2021/0259494A1) in view of Davila (US 20210315432A1). Regarding claim 17, Pruiett a suction source (56, figure 3; para 0068); a base (14, figure 2) adapted for movement over a surface to be cleaned and comprising: a suction inlet port (54; para 0065) in fluid communication with the suction source; a brushroll (60, figure 3) to agitate the surface to be cleaned; and a fluid dispenser (76, figure 4) to deliver cleaning fluid to at least one of the brushroll and the surface to be cleaned; and an upright body (12, figure 3) pivotally mounted to the base (para 0060-0061); a pump (78, figure 4) in fluid communication with the fluid dispenser, the pump disposed on one of the base (figure 4) and the upright body; a motor (80, para 0049 0091,0093) coupled with the brushroll to drive the brushroll, the motor disposed on one of the base and the upright body; a floor type sensor (124, figure 4); a direction sensor (para 0083, 0119-0131 discloses collecting information regarding mapping and navigation and cleaning path using sensors) configured to determine a travel direction of the surface cleaning apparatus; and a controller (100, figure 14) in communication with the floor type sensor and the direction sensor (para 0008,0010); wherein the main controller is configured to execute a smart wet cleaning mode (“wet clean mode”; para 0150,0113-0114) in which a wet mode operating parameter is selected based on data from the floor type sensor , wherein the wet mode operating parameter at least one of a fluid dispensing flow rate (para 0150,0113-0114), a brushroll speed, and a suction power level based on data from the floor type sensor. However, Pruiett fails to teach wherein the main controller is configured to activate the pump and dispense cleaning fluid from the fluid dispenser in response to data from the direction sensor indicative of a forward stroke of the surface cleaning apparatus and to deactivate the pump and shut off cleaning fluid dispensing in response to data from the direction sensor indicative of a backward stroke of the surface cleaning apparatus. Davila teaches a floor cleaner that includes a direction sensor configured to determine a travel direction of the surface cleaning apparatus, a controller in communication with the direction sensor, wherein the main controller is configured to activate and deactivate the pumps within the floor cleaner depending on the direction the floor cleaner is moving(para 0038-0039). It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified the apparatus of Pruiett so that the controller is configured to activate the pump and dispense cleaning fluid from the fluid dispenser in response to data from the direction sensor indicative of a forward stroke of the surface cleaning apparatus and to deactivate the pump and shut off cleaning fluid dispensing in response to data from the direction sensor indicative of a backward stroke of the surface cleaning apparatus based on the teachings of Davila. This modification would help provide control over the surface cleaning apparatus and pumps during the wet cleaning mode (see Davila para 0038-0039). Regarding claim 18, modified Pruiett teaches wherein the controller is configured to: set the wet mode operating parameter to a hard floor level in response to data from the floor type sensor indicative of a hard floor (see Pruiett para 0059,0077,0088 0101,0104); and set the wet mode operating parameter to a soft floor level in response to data from the floor type sensor indicative of a soft floor (see Pruiett para 0044 0059,0077). Regarding claim 19, modified Pruiett teaches wherein the controller is configured to operate the pump at a first fluid dispensing flow rate in response to data from the floor type sensor indicative of a hard floor and to operate the pump at a second fluid dispensing flow rate that is higher than the first fluid dispensing flow rate in response to data from the floor type sensor indicative of a soft floor (see Pruiett para 0077). Regarding claim 20, modified Pruiett teaches wherein the main controller is configured to:operate the suction source at a first suction power level in response to data from the floor type sensor indicative of a hard floor and to operate the suction source at a second suction power level that is higher than the first suction power level in response to data from the floor type sensormechanism indicative of a soft floor; and/or (examiner interpreting only of these limitations need to be met) operate the motor at a first brushroll speed in response to data from the floor type sensor indicative of a hard floor and to operate the motor at a second brushroll speed that is higher than the first brushroll speed in response to data from the floor type sensor indicative of a soft floor (see Pruiett para 0077). Regarding claim 21, modified Pruiett teaches wherein the controller is configured to:activate the pump and dispense cleaning fluid from the fluid dispenser at a first fluid dispensing flow rate in response to data from the direction sensor indicative of a forward stroke of the surface cleaning apparatus and in response to data from the floor type sensor indicative of a hard floor; and activate the pump and dispense cleaning fluid from the fluid dispenser at a second fluid dispensing flow rate in response to data from the direction sensor indicative of a forward stroke of the surface cleaning apparatus and in response to data from the floor type sensor indicative of a soft floor;wherein the second fluid dispensing flow rate is higher than the first fluid dispensing flow rate. (see Pruiett para 0077,0088,0103) Conclusion THIS ACTION IS MADE FINAL. 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 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
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Prosecution Timeline

Sep 06, 2023
Application Filed
Sep 30, 2025
Non-Final Rejection mailed — §103
Dec 29, 2025
Response Filed
May 19, 2026
Final Rejection mailed — §103 (current)

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Expected OA Rounds
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Grant Probability
85%
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