Prosecution Insights
Last updated: October 02, 2026
Application No. 18/733,457

CLEANING APPARATUS

Final Rejection §102§103
Filed
Jun 04, 2024
Examiner
RODGERS, THOMAS RAYMOND
Art Unit
Tech Center
Assignee
Sharkninja Operating LLC
OA Round
2 (Final)
59%
Grant Probability
Moderate
3-4
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
231 granted / 394 resolved
-1.4% vs TC avg
Strong +59% interview lift
Without
With
+59.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
49 currently pending
Career history
428
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
29.4%
-10.6% vs TC avg
§112
20.8%
-19.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 394 resolved cases

Office Action

§102 §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 . Response to Amendments The Examiner acknowledges the amendments. The previous rejections are maintained and made final. All arguments are addressed herein. Claim Rejections - 35 USC § 102 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. Claims 1 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (CN 206102576U). Regarding claim 1, Zhang discloses a wet/dry cleaner comprising: a supply tank configured to receive a cleaning fluid (Item 4); a recovery tank (Item 5); a cleaning tool having a suction inlet (Item 54; Paragraph 26); a suction motor fluidly coupled to the suction inlet (Item 6) a flexible conduit (Item 53) configured to fluidly couple the cleaning tool to the supply tank and the recovery tank; and a tool cleaner coupled to the supply tank, the tool cleaner being configured to cooperate with the cleaning tool to draw the cleaning fluid from the supply tank and into the cleaning tool when the suction motor is activated (Item 32 can pump fluid mechanically while the suction motor runs). Regarding claim 8, Zhang discloses the wet/dry cleaner of claim 1, wherein the flexible conduit includes a supply line and a recovery line, the supply line fluidly coupling the supply tank to the cleaning tool and the recovery line fluidly coupling the recovery tank to the cleaning tool (Paragraph 26). 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 2-7 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 206102576U) in view of McLain (US 2012/0298148). Regarding claim 2, Zhang discloses the wet/dry cleaner of claim 1. Zhang fails to explicitly disclose wherein the tool cleaner includes a tool platform having one or more fluid apertures and a tank duct, the one or more fluid apertures being fluidly coupled to the tank duct, the tank duct extending into a fluid cavity of the supply tank. McLain teaches a tool cleaner wherein a tool platform (Item 24) having one or more fluid apertures and a tank duct (Item 35), the one or more fluid apertures being fluidly coupled to the tank duct, the tank duct extending into a fluid cavity of the supply tank (Item 33, Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang to incorporate the tool cleaner as taught by McLain. This arrangement would simplify the piping of Zhang and allow for the tool to be adequately cleaned without the need of electronically driven pumps or motors (McLain Paragraph 38). Regarding claim 3, Zhang in view of McLain disclose the wet/dry cleaner of claim 2, wherein the one or more fluid apertures include a central group of apertures, a first lateral group of apertures arranged at one side of the central group of apertures, and a second lateral group of apertures arranged at another side of the central group of apertures (Annotated Figure 5). PNG media_image1.png 446 526 media_image1.png Greyscale Annotated Figure 5 - McLain Regarding claim 4, Zhang in view of McLain disclose the wet/dry cleaner of claim 3, wherein a common aperture axis passes through at least a portion of each aperture forming the central group of apertures, the first lateral group of apertures, and the second lateral group of apertures (McLain Item 45 connects all the apertures). Regarding claim 5, Zhang in view of McLain disclose the wet/dry cleaner of claim 3, wherein the tool cleaner includes a tool cleaner valve configured to selectively transition between an open state and a closed state (Zhang Item 322 and 321). Regarding claim 6, Zhang in view of McLain disclose the wet/dry cleaner of claim 5, wherein the tool platform includes a valve actuator configured to transition the tool cleaner valve from the closed state to the open state, the valve actuator including at least one aperture of the central group of apertures (Item 323 of Zhang would be considered the actuator since it still presses against a tool body to induce the sliding movement to open and close the fluid path. Zhang includes an aperture for fluid, but as taught by Zhang, more can be located around the central area to move fluid in any manner.) Regarding claim 7, Zhang in view of McLain disclose the wet/dry cleaner of claim 2, wherein one or more tool alignment walls extend from the tool platform (McLain has 3 studs covered in springs, while Zhang has at least one, maybe more walls depending on the shape of Item 32). Claims 9-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 206102576U) in view of McLain (US 2012/0298148) in view of Scheifele (US 2006/0101607). Regarding claim 9, Zhang discloses an extraction cleaner comprising: a supply tank (Item 4) configured to receive a cleaning fluid, the supply tank having a fluid cavity; a recovery tank (Item 5); a cleaning tool (Item 34) having a suction inlet; a suction motor fluidly coupled to the suction inlet (Item 6) a flexible conduit (Item 53) configured to fluidly couple the cleaning tool to the supply tank and the recovery tank; and a tool cleaner coupled to the supply tank, the tool cleaner being configured to cooperate with the cleaning tool to draw the cleaning fluid from the supply tank and into the cleaning tool when the suction motor is activated (Item 32 can pump fluid mechanically while the suction motor runs). Zhang fails to explicitly disclose a surface cleaning head; an upright section pivotally coupled to the surface cleaning head. Scheifele teaches an upright extraction cleaner with a surface cleaning head (Item 200); an upright section pivotally coupled to the surface cleaning head (Item 100; paragraph 94). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the overall cleaner type of Zhang to be the upright cleaner as taught by Scheifele. The two types of products are considered obvious variants of each other because the accomplish the same cleaning tasks and hold the same cleaning components. The upright style is used for a wider area, while the Zhang style is more portable and is capable for spot cleaning but would be a burden if having to do a wide area. Zhang further fails to explicitly disclose the tool cleaner including: a tool platform having one or more fluid apertures; and a tank duct, the one or more fluid apertures being fluidly coupled to the tank duct, the tank duct extending into the fluid cavity of the supply tank. McLain teaches a tool cleaner wherein a tool platform (Item 24) having one or more fluid apertures and a tank duct (Item 35), the one or more fluid apertures being fluidly coupled to the tank duct, the tank duct extending into a fluid cavity of the supply tank (Item 33, Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang to incorporate the tool cleaner as taught by McLain. This arrangement would simplify the piping of Zhang and allow for the tool to be adequately cleaned without the need of electronically driven pumps or motors (McLain Paragraph 38). Regarding claim 10 and 16, Zhang in view of Scheifele in view of McLain disclose the upright extraction cleaner of claim 9, wherein the one or more fluid apertures include a central group of apertures, a first lateral group of apertures arranged at one side of the central group of apertures, and a second lateral group of apertures arranged at another side of the central group of apertures (Annotated Figure 5). Regarding claim 11 and 17, Zhang in view of Scheifele in view of McLain disclose the upright extraction cleaner of claim 10, wherein a common aperture axis passes through at least a portion of each aperture forming the central group of apertures, the first lateral group of apertures, and the second lateral group of apertures (McLain Item 45 connects all the apertures).. Regarding claim 12 and 18, Zhang in view of Scheifele in view of McLain disclose the upright extraction cleaner of claim 10, wherein the tool cleaner includes a tool cleaner valve configured to selectively transition between an open state and a closed state (Zhang Item 322 and 321). Regarding claim 13 and 19, Zhang in view of Scheifele in view of McLain disclose the upright extraction cleaner of claim 12, wherein the tool platform includes a valve actuator configured to transition the tool cleaner valve from the closed state to the open state, the valve actuator including at least one aperture of the central group of apertures (Item 323 of Zhang would be considered the actuator since it still presses against a tool body to induce the sliding movement to open and close the fluid path. Zhang includes an aperture for fluid, but as taught by Zhang, more can be located around the central area to move fluid in any manner). Regarding claim 14 and 20, Zhang in view of Scheifele in view of McLain disclose the upright extraction cleaner of claim 9, wherein one or more tool alignment walls extend from the tool platform (McLain has 3 studs covered in springs, while Zhang has at least one, maybe more walls depending on the shape of Item 32). Regarding claim 15, Zhang discloses a portable extraction cleaner comprising: a handle extending from the main body (Figure 1); a supply tank (Item 4) and configured to receive a cleaning fluid, the supply tank having a fluid cavity; a recovery tank (Item 5); a cleaning tool (Item 34) having a suction inlet; a suction motor fluidly coupled to the suction inlet (Item 6) a flexible conduit (Item 53) configured to fluidly couple the cleaning tool to the supply tank and the recovery tank; and a tool cleaner coupled to the supply tank, the tool cleaner being configured to cooperate with the cleaning tool to draw the cleaning fluid from the supply tank and into the cleaning tool when the suction motor is activated (Item 32 can pump fluid mechanically while the suction motor runs). Zhang fails to explicitly disclose a main body having a supply receptacle and a recovery receptacle; a supply tank removably received in the supply receptacle; a recovery tank removably received within the recovery receptacle. Scheifele teaches a portable extraction cleaner having a supply receptacle and a recovery receptacle; a supply tank removably received in the supply receptacle; a recovery tank removably received within the recovery receptacle (Paragraph 68). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang to allow the supply tank and the recovery tank to be removable as taught by Scheifele. Such a modification would allow for a user to easily remove the tanks for filling and emptying tasks. Zhang further fails to explicitly disclose wherein the tool cleaner includes a tool platform having one or more fluid apertures and a tank duct, the one or more fluid apertures being fluidly coupled to the tank duct, the tank duct extending into a fluid cavity of the supply tank. McLain teaches a tool cleaner wherein a tool platform (Item 24) having one or more fluid apertures and a tank duct (Item 35), the one or more fluid apertures being fluidly coupled to the tank duct, the tank duct extending into a fluid cavity of the supply tank (Item 33, Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zhang to incorporate the tool cleaner as taught by McLain. This arrangement would simplify the piping of Zhang and allow for the tool to be adequately cleaned without the need of electronically driven pumps or motors (McLain Paragraph 38). Response to Arguments Applicant's arguments filed 8/18/2026 have been fully considered but they are not persuasive. Applicant argues the tool cleaner is activated mechanically and does not use the suction motor. The Examiner agrees with Applicant, but the claimed verbiage does not reflect the arguments. The claim limitations in question are “a tool cleaner coupled to the supply tank, the tool cleaner being configured to cooperate with the cleaning tool to draw the cleaning fluid from the supply tank and into the cleaning tool when the suction motor is activated”. As discussed by Applicant, the tool cleaner is mechanically driven and is independent of the suction motor. Given the broadest reasonable interpretation of the claim, the Zhang discloses the claim limitations because the cleaning tool could be cleaned while the suction motor is activated. Although the user will still need to apply a compressive force to pump the cleaning solution. If the claims were to be amended, similar to “a tool cleaner coupled to the supply tank, the suction motor onto the cleaning tool when the cleaning tool is placed in the tool cleaner. Conclusion 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 TOM R RODGERS whose telephone number is (313)446-4849. The examiner can normally be reached Monday thru Friday 8AM-5PM EST. 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, David Posigian can be reached at (313) 446-6546. 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. /TOM RODGERS/ Primary Examiner, Art Unit 3723
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Prosecution Timeline

Jun 04, 2024
Application Filed
May 19, 2026
Non-Final Rejection mailed — §102, §103
Aug 18, 2026
Response Filed
Sep 21, 2026
Final Rejection mailed — §102, §103 (current)

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

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Prosecution Projections

3-4
Expected OA Rounds
59%
Grant Probability
99%
With Interview (+59.2%)
2y 11m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 394 resolved cases by this examiner. Grant probability derived from career allowance rate.

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