Office Action Predictor
Last updated: April 15, 2026
Application No. 18/335,629

HANDHELD VACUUM DEVICE HAVING A HOOK

Non-Final OA §103§112
Filed
Jun 15, 2023
Examiner
HORTON, ANDREW ALAN
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Black & Decker INC.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
604 granted / 750 resolved
+10.5% vs TC avg
Strong +19% interview lift
Without
With
+18.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
29 currently pending
Career history
779
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
38.9%
-1.1% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
27.8%
-12.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 750 resolved cases

Office Action

§103 §112
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 . 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 1, 2, 13, 19 and 20 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 1, lines 12-13 recites “when the external structure forms a rail”. It is unclear how “when” modifies the claim language. Replace it with a different term. Claim 13 requires one hole to be accessible by another hole, which is impossible. The term “accessible” is confusing because it is unknown how access occurs. Note: The fastener has no hole and there is no antecedent basis for this hole. Claim 19 recites “the flat base portion” and there is no antecedent basis for it. The remaining claims are rejected for depending on claims 1 and 19. 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 1-10, 15, 16, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Iwakami (US 2020/0037839) in view of Camiller (US 2015/0307066). As to claim 1, Iwakami includes a handheld vacuum device (10), comprising: a housing (20, 30) having a handle (30); a vacuum-generating system (24, 25) disposed within the housing, the vacuum-generating system being configured to generate vacuum pressure that creates suction for the handheld vacuum device (para 22 and Fig. 2); a battery (100; para 20) coupled to a rearward end of the housing; and a strap (33) that extends laterally from the housing and is disposed between the battery and the handle (Fig. 1). Iwakami does not have a hook that extends laterally from the housing and is disposed between the battery and the handle, wherein the hook has a base portion and a bent portion that extends from the base portion, wherein the bent portion is configured to engage an external structure for hanging the handheld vacuum device from the external structure, and wherein the base portion and the bent portion of the hook form a slot that extends along a length dimension of the hook, wherein the slot is configured, when the external structure forms a rail, to fit around the rail to permit the handheld vacuum device to be hung from the rail via the hook. Camiller includes a handheld vacuum device (10) with a hook (58, which is a carabiner clip. These clips have a fixed C-shaped portion and a pivoting portion that opens to allow attachment to anything), wherein the hook has a base portion (Said C-shaped portion of 58) and a bent portion (Said pivoting portion) that extends from the base portion, wherein the bent portion is configured to engage an external structure (for example, a belt) for hanging the handheld vacuum device from the external structure (para 28), and wherein the base portion and the bent portion of the hook form a slot (The opening within 58) that extends along a length dimension of the hook, wherein the slot is configured, when the external structure forms a rail (The entirety of 58 forms a rail), to fit around the rail to permit the handheld vacuum device to be hung from the rail via the hook (Fig. 1 and para 28). It would have been obvious to substitute the strap of Iwakami (which can be used to hang the vacuum from anything) for the hook of Camiller, in order permit the vacuum to hang on a belt (Camiller, para 28). As to claim 2, wherein the slot formed by the base portion and the bent portion of the hook opens toward a frontward end of the housing of the handheld vacuum device (The hook opens up when its pivoting portion rotates, and the opening side can be made to face any direction). As to claim 3, A handheld vacuum device, comprising: a housing (20, 30) having a handle (30); a vacuum-generating system (24, 25) disposed within the housing, the vacuum-generating system being configured to generate vacuum pressure that creates suction for the handheld vacuum device (para 22 and Fig. 2); and a strap (33) coupled to the housing (33 is coupled to element 30 of the housing), the hook having a bent portion that is configured to engage an external structure for hanging the handheld vacuum device from the external structure (Fig. 1). Iwakami does not have a hook coupled to the housing, the hook having a bent portion that is configured to engage an external structure for hanging the handheld vacuum device from the external structure. Camiller includes a handheld vacuum device (10) with a hook (58, which is a carabiner clip. These clips have a fixed C-shaped portion and a pivoting portion that opens to allow attachment to anything) having a bent portion (Said pivoting portion) that is configured to engage an external structure (for example, a belt) for hanging the handheld vacuum device from the external structure (para 28). It would have been obvious to substitute the strap of Iwakami (which can be used to hang the vacuum from anything) for the hook of Camiller, in order permit the vacuum to hang on a belt (Camiller, para 28). As to claim 4, wherein the hook is disposed at a rearward end (The end at 100) of the housing (Fig. 1). As to claim 5, wherein the housing has a frontward end (The end at suction nozzle 40) through which air enters the housing to create the suction for the handheld vacuum device, and wherein the rearward end and the frontward end are opposite ends of the housing (Fig. 1). As to claim 6, further comprising a battery (100) coupled to the rearward end of the housing, wherein the hook is disposed between the battery and the handle (The hook, located where 33 was, is between 100 and 30; Fig. 1). As to claim 7, wherein the handle is disposed between the hook and a frontward end of the housing (30 is between the hook, located where 33 was, and the end at 40; Fig. 1). As to claim 8, wherein the hook extends laterally (horizontally or vertically) from the housing (Fig. 1). As to claim 9, Iwakami modified by Camiller has wherein the hook includes a base portion from which the bent portion extends, wherein the base portion and the bent portion form a slot that extends along a length dimension of the hook, and wherein the slot is configured, when the external structure forms a rail, to fit around the rail to cause the handheld vacuum device to be hung from the rail via the hook (See discussion in claim 1). As to claim 10, Camiller provides wherein the slot formed by the base portion and the bent portion of the hook is C-shaped (The slot is C-shaped when the pivoting portion of 58 pivots; Fig. 1 of Camiller) and opens toward a frontward end of the housing of the handheld vacuum device (The hook opens up when its pivoting portion rotates, and the opening side can be made to face any direction). As to claim 15, Camiller provides wherein the hook forms a belt clip (58 is a belt clip) that is configured, when the handheld vacuum device is hung from a belt (para 28), to press against the belt (58 can press on a belt). As to claim 16, Camiller provides wherein the hook includes a base portion (The fixed C-shaped portion of 58) that is coupled to the housing, and includes a bent portion (The pivoting portion of 58) that extends from the base portion and bends back towards the housing (para 28 and Fig. 1), wherein the bent portion forms a spring clip (58 is a carabiner clip and therefore, said pivoting portion of 58 springs) that is biased, when the belt is positioned between the belt clip and the housing, to push the belt against the vacuum housing (The spring clip can push a belt against the housing). As to claim 18, wherein the vacuum-generating system includes a fan (25) and a motor (24), wherein the fan is configured, when rotating, to cause air flow that creates the vacuum pressure, and wherein the motor is configured, when activated, to cause rotation of the fan (para 22). Claims 11, 12, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Iwakami (US 2020/0037839) in view of Camiller (US 2015/0307066), and further in view of Laflin (US 2017/0188516). As to claim 11, Iwakami does not have wherein the hook includes a flat base portion having a hole through which a fastener is inserted to fasten the hook to the housing. Laflin includes an attachment element (4, which is attached to a leaf blower 20 using 6. 4, like the hook, attaches one element to another one; para 40) which has a flat base portion (28a, 28b) having a hole (between 28a and 28b) through which a fastener (18) is inserted to fasten it to a housing (2) [Fig. 1 and para 44]. The attachment element is comparable to the hook, and therefore, Laflin provides a teaching of a way to attach a hook to a housing. It would have been obvious to modify the mechanism of attachment between the hook and the housing so that the hook includes a flat base portion having a hole through which a fastener is inserted to fasten the hook to the housing, as taught by Laflin, in order to give an alternate mechanism for the hook to be attached to the housing while being able to pivot, the pivotability reducing any damage to the hook and said mechanism of attachment as the vacuum swings. As to claim 12, wherein the bent portion includes an overhang portion (A segment of the bent portion would a belt which it is mounted to; para 28) configured to press against the external structure when the handheld vacuum device is hung from the external structure via the hook (The entirely of 58 can press on said belt which it is mounted to), and wherein the slot is formed by a gap (The space between the segment of the bent portion and a segment of 28a/28b in Laflin) between the flat base portion (which is understood as a segment of 28a/28b) and the overhang portion. As to claim 17, Iwakami is silent to wherein the hook is rotatably connected to the housing such that the hook is pivotable between a folded position in which the hook is folded against the housing and an unfolded position in which the hook is unfolded from the housing, wherein the handheld vacuum device is hangable via the hook when the hook is in the unfolded position. Using the modification in claim 11 allows the hook to pivot in the way recited. As to claim 19, A handheld vacuum device, comprising: a housing (20, 30) having a handle (30); and a vacuum-generating system (24, 25) disposed within the housing, the vacuum-generating system being configured to generate vacuum pressure that creates suction for the handheld vacuum device (para 22 and Fig. 2), wherein the one or more slots of the hook mounting region are configured to receive the one or more protruding portions of the hook. Iwakami does not have a hook mounting region which has one or more slots and a hole, and which is configured to attach the housing to a hook which has a flat portion with a hole therethrough and which has one or more protruding portions extending from the flat base portion, wherein the hole of the hook mounting region is configured to align with the hole of the flat base portion of the hook when the one or more slots of the hook mounting region receives the one or more protruding portions of the hook. Laflin includes a hook mounting region which has one or more slots (The hole in one element 18) and a hole (The hole in the other element 18), and which is configured to attach the housing to a hook which has a flat portion with a hole (The hole between 28a and 28b) therethrough and which has one or more protruding portions (28a, 28b) extending from the flat base portion, wherein the hole of the hook mounting region is configured to align with the hole of the flat base portion of the hook when the one or more slots of the hook mounting region receives the one or more protruding portions of the hook (The two holes allow attachment of any hook in the manner recited). It would have been obvious to modify the mechanism of attachment between the hook and the housing to have said two holes, as taught by Laflin, in order to give an alternate mechanism for the hook to be attached to the housing while being able to pivot, the pivotability reducing any damage to the hook and said mechanism of attachment as the vacuum swings. As to claim 20, wherein the hook mounting region is disposed at a rearward end (The end at 100) of the housing (Fig. 1). Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Iwakami (US 2020/0037839) in view of Camiller (US 2015/0307066), and further in view of Kochte (US 4,573,237) As to claim 14, Iwakami does not have further comprising a crevice tool that forms or is coupled to a frontward end of the housing, and wherein the slot has a width which is substantially the same as a width of the crevice tool, such that the crevice tool is insertable into the slot. Kochte a handheld vacuum device (10) with a crevice tool (80) that forms or is coupled to a frontward end of a housing (Fig. 11). It would have been obvious to modify Iwakami to have a crevice tool that forms or is coupled to a frontward end of the housing, as taught by Kochte, in order to provide the known benefit of said tool. The following feature is an obvious routine optimization problem: wherein the slot has a width which is substantially the same as a width of the crevice tool, such that the crevice tool is insertable into the slot. Allowable Subject Matter Claim 13 is rejected under 112(b) and not rejected using art. Its allowability is indeterminate. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW A. HORTON whose telephone number is (571)270-5039. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM. 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 S. 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. /ANDREW A HORTON/Primary Examiner, Art Unit 3723
Read full office action

Prosecution Timeline

Jun 15, 2023
Application Filed
Aug 06, 2025
Non-Final Rejection — §103, §112
Apr 08, 2026
Response after Non-Final Action

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+18.6%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 750 resolved cases by this examiner. Grant probability derived from career allow rate.

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