Prosecution Insights
Last updated: April 17, 2026
Application No. 18/383,024

PNEUMATIC ROTATING BRUSH

Non-Final OA §103
Filed
Oct 23, 2023
Examiner
LAMBERT, WAYNE A
Art Unit
3745
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
86%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
317 granted / 512 resolved
-8.1% vs TC avg
Strong +24% interview lift
Without
With
+23.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
34 currently pending
Career history
546
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
21.6%
-18.4% vs TC avg
§112
25.0%
-15.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 512 resolved cases

Office Action

§103
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 . Status of the Claims This is a non-final rejection in response to the communication filed 04/24/2025. Claims 1-20 are currently pending. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: reference characters 107, 109 (¶ 0039]); 207, 209 (¶ [0044], [0045]); 307, 309 (¶ [0047], [0048]); and 700 (¶ [0053]). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The disclosure is objected to because of the following informalities: in line 1 of ¶ [0047], “700” should read --300--; and in line 7 of ¶ [0047], “210” should read –310--; . Appropriate correction is required. 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. Claim(s) 1-3, 5-7 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,202,068 to Lester et al. (Lester) in view of US Patent 5,369,834 to Groen et al. (Groen). In Reference to Claim 1 Lester discloses a rotating pneumatic brush assembly (Fig. 1, 1 for instance), comprising: a rigid and substantially hollow shaft (21 for instance); tubing (20 for instance) disposed within the shaft (21) operable to contain and transport pressurized air (through main supply hose 106 for instance); a valve (22 for instance, see also figure 3) coupled to an air input (at 80 for instance) and the tubing (20 for instance); the air input (at 80 for instance) coupled to the tubing (20) and operable to be coupled to a pressurized air source (as supplied by 106, see figure 1); and the valve (22 for instance) operable to open and close a valve that controls flow of pressurized air through the tubing (see col 5, ll 35-42); an air motor (Fig. 1, 15 for instance) coupled to the shaft (21) and to the tubing (20, via 19), wherein the air motor is operable to receive pressurized air via the tubing when the valve is open (col 5, ll 35-42 and col 4, ll 37-38, the motor as air powered); and a brush housing (5 for instance) coupled to the air motor (15) and operable to rotate and turn a removeable brush head (7 for instance, see also col 4, ll 22-28 for different attachments) held by the brush housing via rotational force produced by the air motor (col 1, ll 46-49, rotary brush for instance). Lester does not teach “... a handle coupled to the shaft ...” or teach “... a lever ....” Groen is related to a rotating pneumatic brush assembly (abstract), as the claimed invention, and teaches a handle (Fig. 2, 40) comprising a valve (43 for instance) and coupled to an air input (29 for instance), and teach a lever (44 for instance) operable to open and close a valve (43) that controls flow of pressurized air (col 5, ll 9-12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Lester, a handle (as taught by Groen) coupled to the shaft (of Lester) and comprising a valve (a valve incorporated into the handle as taught by Groen) that is coupled to an air input (of Lester for instance), and a lever (as part of handle as taught by Groen for instance) operable to open and close a valve (as taught by Groen) that controls flow of pressurized air through the tubing (of Lester), so as to use an art known technique (of handle and valve system used to control pressurized air flow as taught by Groen) into the system of Lester and predictably control operation of the brush assembly. In Reference to Claim 2 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, wherein the brush housing is operable to tilt between 0 and 90 degrees (Lester, 5 as connected to 15 and pivotable between a range of 90 degrees for instance, see col 1, ll 55-57 and col 5, ll 21-23). In Reference to Claim 3 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, wherein the brush housing (Lester, 5 for instance) is operable to be unlocked to adjust a tilt position of the brush housing and to be locked to maintain the tilt position during operation (Lester figure 2, such as by butterfly nut at 79 for instance). In Reference to Claim 5 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, wherein the removeable brush head (Lester, 7 for instance, see also col 4, ll 22-28 and claim 15) comprises a flat cleaning pad operable to clean flat surfaces (Lester, such as a scouring pad for instance, see col 4, ll 22-28 and claim 15). In Reference to Claim 6 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, wherein the removeable brush head comprises a scour pad operable to clean flat surfaces via abrasion (Lester, see col 4, ll 22-28 and claim 15). In Reference to Claim 7 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, wherein the pressurized air comprises pressurized gas (Lester, see col 1, ll 46-49). In Reference to Claim 20 Lester discloses a rotating pneumatic cleaning device (Fig. 1, 1 for instance) for scale removal of food preparation vats (intended use, see note below), comprising: a rigid and substantially hollow shaft (21 for instance); tubing (20 for instance) disposed within the shaft (21) operable to contain and transport pressurized air (through main supply hose 106 for instance); a valve (22 for instance, see also figure 3) coupled to an air input (at 80 for instance) and the tubing (20 for instance); the air input (at 80 for instance) coupled to the tubing (20) and operable to be coupled to a pressurized air source (as supplied by 106, see figure 1); and the valve (22 for instance) operable to open and close a valve that controls flow of pressurized air through the tubing (see col 5, ll 35-42); an air motor (Fig. 1, 15 for instance) coupled to the shaft (21) and to the tubing (20, via 19), wherein the air motor is operable to receive pressurized air via the tubing when the valve is open (col 5, ll 35-42 and col 4, ll 37-38, the motor as air powered); and a brush housing (5 for instance) coupled to the air motor (15) and operable to rotate and turn a removeable brush head (7 for instance, see also col 4, ll 22-28 for different attachments) held by the brush housing via rotational force produced by the air motor (col 1, ll 46-49, rotary brush for instance), and to remove scale from a food preparation vat via the rotational force (intended use, see note below but the system of Lester capable of cleaning various surfaces, see col 1, ll 64 thru col 2, ll 5), and wherein the food preparation vat is operable to hold produce to be cleaned before bagging (predictable of food preparation vats with the capability of the system Lester to clean such vat and as part of intended use). Lester does not teach “... a handle coupled to the shaft ...” or teach “... a lever ....” Groen is related to a rotating pneumatic cleaning device (abstract), as the claimed invention, and teaches a handle (Fig. 2, 40) comprising a valve (43 for instance) and coupled to an air input (29 for instance), and teach a lever (44 for instance) operable to open and close a valve (43) that controls flow of pressurized air (col 5, ll 9-12). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Lester, a handle (as taught by Groen) coupled to the shaft (of Lester) and comprising a valve (a valve incorporated into the handle as taught by Groen) that is coupled to an air input (of Lester for instance), and a lever (as part of handle as taught by Groen for instance) operable to open and close a valve (as taught by Groen) that controls flow of pressurized air through the tubing (of Lester), so as to use an art known technique (of handle and valve system used to control pressurized air flow as taught by Groen) into the system of Lester and predictably control operation of the cleaning device or brush assembly in this instance. Examiner notes that it has been held that ‘A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed (such as a cleaning device use clean food preparation vats for instance) does not differentiate the claimed apparatus from a prior art apparatus (a cleaning device for instance)” if the prior art apparatus teaches all the structural limitations of the claim.’ Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987); see MPEP 2114(II). Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,202,068 to Lester et al. (Lester) in view of US Patent 5,369,834 to Groen et al. (Groen) as applied to claim 1 above, and further in view of US Patent 9,586,561 to Nganga (Nganga). In Reference to Claim 4 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, wherein the removeable brush head is operable to remove contaminants from a metallic surface (Lester, such as from an aircraft for instance, see col 1, ll 68). It is not taught, however, the brush head “... comprises nylon bristles ....” Nganga is related to a rotating brush assembly (abstract), as the claimed invention, and teaches wherein the brush head comprises nylon bristles (col 5, ll 58-60). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Lester wherein the brush head comprises nylon bristles (as taught by Nganga), so as to use an art known technique (of forming a brush head of known materials as taught by Nganga) into the system of Lester and predictably provide a brush head for cleaning. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,202,068 to Lester et al. (Lester) in view of US Patent 5,369,834 to Groen et al. (Groen) as applied to claim 1 above, and further in view of US Patent 5,402,548 to Adair et al. (Adair). In Reference to Claim 8 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, except explicitly, “... wherein the pressurized air source comprises a pressurized air tank ....” Adair is related to a rotating pneumatic brush assembly (abstract), as the claimed invention, and teaches wherein a pressurized air source comprises a pressurized air tank (Fig. 1, 28 for instance). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Lester wherein the pressurized air source (of Lester) comprises a pressurized air tank (as taught by Adair), so as to use an art known technique (of providing a source for pressurized air as taught by Adair) into the system of Lester and predictably provide pressurized air to the system. Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,202,068 to Lester et al. (Lester) in view of US Patent 5,369,834 to Groen et al. (Groen) as applied to claim 1 above, and further in view of US Patent 9,380,859 to Pender (Pender) and in view of US Patent Application Publication 2019/0231061 to Trudeau (Trudeau). In Reference to Claim 9 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, except, “... further comprising a foamer nozzle and a soap input coupled to a soap line that provides soap to the foamer nozzle to produce soap foam, wherein the soap foam is received by the brush housing to facilitate cleaning during operation ....” Pender is related to a rotating pneumatic brush assembly (abstract and figure 18), as the claimed invention, and teaches the system comprising a nozzle (Fig. 18, 92 for instance) and a soap input (84 for instance) coupled to a soap line (88 for instance) that provides soap to the nozzle (92), wherein the soap is received by a brush housing (of 34) to facilitate cleaning during operation (the purpose of the brush for instance). Trudeau is related to a soap dispensing and foamer for a portable brush (abstract, figure 18), as the claimed invention, and teaches a soap input (Fig. 1, 18 for instance) coupled to a soap line (30 for instance) that provides soap to a foamer nozzle (22 for instance) to produce soap foam (by 22), and wherein the soap foam is received by a brush housing (by 42 for instance). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Lester, a foamer (as taught by Trudeau) nozzle (as taught by Pender) and a soap input coupled to a soap line that provides soap (as taught by Pender) to the foamer nozzle to produce soap foam (a foamer system as taught by Trudeau and nozzle as taught by Pender), wherein the soap foam is received by the brush housing (as taught by Pender and to the brush housing of Lester) to facilitate cleaning during operation (of Lester), so as to use an art known technique (of a soap dispensing system in conjunction with a rotatable brush head as taught by Pender and a foaming system a taught by Trudeau) into the system of Lester and predictably provide further cleaning capabilities to the brush system. Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,202,068 to Lester et al. (Lester) in view of US Patent 5,369,834 to Groen et al. (Groen) as applied to claim 1 above, and further in view of US Patent 9,380,859 to Pender (Pender). In Reference to Claim 10 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, except, “... further comprising a foregrip coupled to the shaft ....” Pender is related to a soap dispensing and foamer for a portable brush (abstract, figure 18), as the claimed invention, and teaches a foregrip (Fig. 1, 30 for instance) coupled to a shaft (shaft 20 of the system for instance). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Lester, a foregrip (as taught by Pender) coupled to the shaft (of Lester), so as to use an art known technique (of using a grip in the system of a rotary brush system as taught by Pender) into the system of Lester and predictably provide a secure grip in the system. In Reference to Claim 11 Lester, as modified by Groen, discloses the rotating pneumatic brush assembly of Claim 1, further comprising: a motor housing (Lester, housing of 15 for instance) that encloses the air motor (Lester, within 15 for instance); but does not teach “... a bearing coupled to the motor housing and to the brush housing, wherein the bearing is operable to prevent wear on the motor housing caused by friction produced by the brush housing rotating ....” Pender is related to a soap dispensing and foamer for a portable brush (abstract, figure 18), as the claimed invention, and teaches a bearing (Fig. 18, 50 for instance) coupled to a motor housing (as seen in figure) and to a brush housing (24 for instance), wherein the bearing is operable to prevent wear on the motor housing caused by friction produced by the brush housing rotating (predictably function of a bearing for instance). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Lester, a bearing (as taught by Pender) coupled to the motor housing (of Lester) and to the brush housing (of Lester), wherein the bearing is operable to prevent wear on the motor housing caused by friction produced by the brush housing rotating (predictably as incorporated within the system of Lester), so as to use an art known technique (of using bearing in a rotary brush system as taught by Pender) into the system of Lester and predictably provide suitable operation of the rotatably brush within the system. Claim(s) 12-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,202,068 to Lester et al. (Lester) in view of US Patent 9,380,859 to Pender (Pender) and in view of US Patent Application Publication 2019/0231061 to Trudeau (Trudeau). In Reference to Claim 12 Lester discloses a rotating pneumatic cleaning device (Fig. 1, 1 for instance), comprising: a rigid and substantially hollow shaft (21 for instance); tubing (20 for instance) disposed within the shaft (21) operable to contain and transport pressurized air (through main supply hose 106 for instance); an air motor (Fig. 1, 15 for instance) coupled to the shaft (21) and to the tubing (20, via 19), wherein the air motor is operable to receive pressurized air via the tubing (col 5, ll 35-42 and col 4, ll 37-38, the motor as air powered); a brush housing (5 for instance) coupled to the air motor (15) and operable to rotate and turn a removeable cleaning pad held by the brush housing via rotational force produced by the air motor (col 4, ll 22-30, pads used in the system for instance); and the cleaning pad is rotating to facilitate cleaning of a metallic surface (col 4, ll 22-30, pads used in the system for instance and to clean an aircraft for instance, see col 2, ll 68). Lester does not teach “... a soap line coupled to a foamer nozzle, wherein the soap line is operable to be coupled to a soap container via a hose and to receive and transport soap from the soap container to the foamer nozzle ... and the foamer nozzle operable to receive soap from the soap line and produce soap foam that is received by the cleaning pad while the cleaning pad is rotating to facilitate cleaning ....” Pender is related to a rotating pneumatic brush assembly (abstract and figure 18), as the claimed invention, and teaches the system comprising a soap line (Fig. 18, 88 for instance) coupled to a nozzle (92 for instance), wherein the soap line is operable to be coupled to a soap container (88 for instance) via a hose and to receive and transport soap from the soap container (84) to the nozzle (92); and the nozzle (92) operable to receive soap from the soap line (88) and produce soap that is received by the cleaning pad while the cleaning pad is rotating to facilitate cleaning (the rotating head 24 with pad 38 for instance, see also figure 3). Trudeau is related to a soap dispensing and foamer for a portable brush (abstract, figure 18), as the claimed invention, and teaches a soap input (Fig. 1, 18 for instance) coupled to a soap line (30 for instance) that provides soap to a foamer nozzle (22 for instance) to produce soap foam (by 22), and wherein the soap foam is received by a brush housing (by 42 for instance). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Lester, a soap line (as taught by Pender) coupled to a foamer (as taught by Trudeau) nozzle (as taught by Pender), wherein the soap line is operable to be coupled to a soap container via a hose and to receive and transport soap from the soap container (as taught by Pender) to the foamer nozzle (a nozzle as taught by Pender and including a foamer as taught by Trudeau), and the foamer nozzle operable to receive soap from the soap line and produce soap foam (a foamer system as taught by Trudeau and nozzle as taught by Pender) that is received by the cleaning pad while the cleaning pad is rotating to facilitate cleaning (of Lester), so as to use an art known technique (of a soap dispensing system in conjunction with a rotatable brush head as taught by Pender and a foaming system a taught by Trudeau) into the system of Lester and predictably provide further cleaning capabilities to the brush system. In Reference to Claim 13 Lester, as modified by Pender and Trudeau, discloses the rotating pneumatic cleaning device of Claim 12, wherein the brush housing is operable to tilt between 0 and 90 degrees (Lester, 5 as connected to 15 and pivotable between a range of 90 degrees for instance, see col 1, ll 55-57 and col 5, ll 21-23). In Reference to Claim 14 Lester, as modified by Pender and Trudeau, discloses the rotating pneumatic cleaning device of Claim 12, wherein the brush housing (Lester, 5 for instance) is operable to be unlocked to adjust a tilt position of the brush housing and to be locked to maintain the tilt position during operation (Lester figure 2, such as by butterfly nut at 79 for instance). In Reference to Claim 15 Lester, as modified by Pender and Trudeau, discloses the rotating pneumatic cleaning device of Claim 12, wherein the cleaning pad comprises an abrasive scour pad operable to remove contaminants from a metallic surface (Lester, such as a scouring pad for instance, see col 4, ll 22-28 and claim 15, and metallic surfaces such as aircraft, see col 1, ll 68). In Reference to Claim 16 Lester, as modified by Pender and Trudeau, discloses the rotating pneumatic cleaning device of Claim 12, wherein the cleaning pad comprises a foam pad or sponge operable to hold soap foam (Lester claim 15, pad such as cloth mitten and capable of holding soap and foam as taught by Pender and Trudeau). In Reference to Claim 17 Lester, as modified by Pender and Trudeau, discloses the rotating pneumatic cleaning device of Claim 12, wherein the pressurized air comprises pressurized gas (Lester, see col 1, ll 46-49). In Reference to Claim 19 Lester, as modified by Pender and Trudeau, discloses the rotating pneumatic cleaning device of Claim 12, further comprising an adjustable rod (Lester Fig. 1, 21 for instance) disposed in the shaft operable to extend out from the shaft to increase a length of the shaft (Lester as disposed in 29 for instance). Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 4,202,068 to Lester et al. (Lester) in view of US Patent 9,380,859 to Pender (Pender) and in view of US Patent Application Publication 2019/0231061 to Trudeau (Trudeau) as applied to claim 12 above, and further in view of US Patent 5,402,548 to Adair et al. (Adair). In Reference to Claim 18 Lester, as modified by Pender and Trudeau, discloses the rotating pneumatic cleaning device of Claim 12, except explicitly, “... wherein the pressurized air is provided to the tubing from a pressurized air tank ....” Adair is related to a rotating pneumatic cleaning device (abstract), as the claimed invention, and teaches wherein a pressurized air source comprises a pressurized air tank (Fig. 1, 28 for instance). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Lester wherein the pressurized air is provided to the tubing (of Lester) is from a pressurized air tank (as taught by Adair), so as to use an art known technique (of providing a source for pressurized air as taught by Adair) into the system of Lester and predictably provide pressurized air to the system. Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, as cited in the Notice of References Cited, are cited to show rotating brush assemblies, foaming systems and combination of brush and soap or cleaning systems. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LAMBERT whose telephone number is (571)270-3516. The examiner can normally be reached Monday - Thursday 9 am - 7 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, Nathaniel E Wiehe can be reached at (571)272-8648. 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. /WAYNE A LAMBERT/Examiner, Art Unit 3745 /NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745
Read full office action

Prosecution Timeline

Oct 23, 2023
Application Filed
Jan 06, 2026
Non-Final Rejection — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
62%
Grant Probability
86%
With Interview (+23.6%)
3y 3m
Median Time to Grant
Low
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