Prosecution Insights
Last updated: July 17, 2026
Application No. 18/817,517

CLEANING APPARATUS WITH A FLEXIBLE WIPING CLOTH CARRIER

Non-Final OA §102§103§112
Filed
Aug 28, 2024
Priority
Aug 31, 2023 — DE 10 2023 208 397.3
Examiner
ORTIZ, RAFAEL ALFREDO
Art Unit
Tech Center
Assignee
BSH Hausgeräte GmbH
OA Round
1 (Non-Final)
61%
Grant Probability
Moderate
1-2
OA Rounds
8m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allowance Rate
708 granted / 1159 resolved
+1.1% vs TC avg
Strong +35% interview lift
Without
With
+35.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
43 currently pending
Career history
1197
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
86.6%
+46.6% vs TC avg
§102
4.6%
-35.4% vs TC avg
§112
7.0%
-33.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1159 resolved cases

Office Action

§102 §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. Claim 2 is 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. The limitation “the wiping cloth is deformed together with said carrier element” is indefinite because it is unclear if the “wiping cloth” is positively recited as part of the claimed invention or not. For example, in line 5 of claim 1, language reciting “said carrier element configured to receive a wiping cloth”, it is clear that the wiping cloth is not positively recited as part of the invention. However, in claim 2, it appears that the wiping cloth is required as part of the invention because the claim requires deformation of the wiping cloth. Proper clarification of the issue is required. 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 1-5 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Feeny (US 12,599,278). Claim 1 Feeny discloses a cleaning apparatus (300) configured to be moved over a surface area to be cleaned, the cleaning apparatus comprising at least one wiping cloth carrier (10) including a carrier element (12) having a surface facing the surface area to be cleaned during operation of the cleaning apparatus, said carrier element configured to receive a wiping cloth on said surface of said carrier element; and at least one drive/wheels configured to rotate said carrier element about an axis of rotation (see figure 17), causing said surface of said carrier element with the wiping cloth disposed thereon to be rotatably moved over the surface area to be cleaned during the operation of the cleaning apparatus (column 12 lines 28-41); said carrier element being elastically deformable in radial direction relative to said axis of rotation (see column 1 lines 28-33). Carrier element is configured to receive wiping cloth, such as microfiber loft material layer (18) (see column 4 lines 29-32). Claim 2 Feeny further discloses the carrier element is configured to receive the wiping cloth on said surface of said carrier element, in such a way that the wiping cloth could be deformed together with said carrier element in the radial direction. Claim 3 Feeny further discloses the surface of said carrier element has a basic/circular shape; said carrier element is defined in the radial direction by an edge (16); and said carrier element is configured to be deformed elastically in the radial direction, starting from said basic shape, by an action of a force acting on said edge in the radial direction from outside said carrier element. When the carrier element is in a rotary movement (column 12 lines 28-33), deformation occurs along the carrier element, including its edge. Claim 4 Feeny further discloses the basic shape is a circular basic shape, said edge is a circular edge, and said surface of said carrier element is defined in the radial direction by said circular edge (see figure 5). Claim 5 Feeny further discloses the carrier element has an elastically deformable ring (40) on said edge (see figure 1, 20A, column 6 lines 66-67 and column 7 lines 1-8). Claim 13 Feeny further discloses the carrier element has a flexible structure (defined by layers 26 and 32) forming said surface of said carrier element (see column 5 lines 28-59); and said flexible structure is elastically deformable in the radial direction (see column 1 lines 28-33). 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 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Feeny (US 12,599,278) as applied to claim 13 above, and further in view of Yang (US 2023/0148811). Claims 14 and 16 Feeny does not disclose the flexible structure is non-deformable in axial direction. However, Yang discloses a nozzle cleaner comprising cleaning units (40 and/or 41) including deformable/flexible mops (402 and 404) (see [0104] and [0125]) and rigid rotation plates (420 and 440) that provides support to the deformable/flexible mops see [0124], [0125] and figure 6). 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 wiping cloth carrier of Feeny including a support plate as taught by Yang to provide structural support to the wiping cloth carrier. After Feeny is modified by Yang, the wiping cloth carrier will be non-deformable in axial/vertical direction. Claims 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Feeny (US 12,599,278) as applied to claim 13 above. Claim 17 Feeny is silent disclosing the modulus of elasticity for the carrier element. However, 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 wiping cloth carrier having the required modulus of elasticity, i.e. 1 GPa or less, depending on the desired shaped recovery of the carrier element. Please note Applicant Specification, paragraph [0013], does not disclose any criticality for the required modulus of elasticity. Claim 20 Feeny discloses the cleaning apparatus is configured to be moved over the surface area to be cleaned by a drive force having a certain force value. Feeny disclsoes the high speeds of the cleaning apparatus impart shear and/or centrifugal forces that can cause deformation of the carrier element (see column 1 lines 28-33). Feeny is silent disclosing a specific percentage of deformation of the carrier element by an action of a force. However, 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 wiping cloth carrier having a specific percentage of deformation, i.e. 5 percent or more, of the diameter of the carrier element depending on the speed the carrier element is rotated. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Feeny (US 12,599,278) as applied to claim 1 above, and further in view of Kim (US 11,786,098). Feeny further discloses the wiping cloth carrier having an axis of rotation (defined by axis passing through center point of the wiping cloth carrier. Feeny does not disclose two wiping cloth carriers, as required. However, Kim discloses a robot cleaner comprising a rotary mop (80) including two rotating mop plates (81 and 82) adjacent to each other, each having an axis of rotation disposed substantially parallel and in the vicinity of one to another in a radial direction, causing the mop plates to be in mutual contact (see 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 Feeny having two wiping cloth carriers as taught by Kim for covering a larger area when using the cleaning apparatus. After Feeny is modified by Kim, when the two wiping cloth carriers are in contact to one another, the two wiping cloth carriers would be elastically deformed at a point of contact. Allowable Subject Matter Claims 6-12, 15 and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Examiner has cited particular paragraphs and/or columns and line numbers in the references as applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant, in preparing responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or prior art(s) disclosed by the Examiner (in the attached PTO-892 form). Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAFAEL A. ORTIZ whose telephone number is (571)270-5240. The examiner can normally be reached Monday - Friday 9am - 6pm. 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, Orlando E. Aviles can be reached at 571-270-5531. 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. RAFAEL A. ORTIZ Primary Examiner Art Unit 3736 /RAFAEL A ORTIZ/Primary Examiner, Art Unit 3736
Read full office action

Prosecution Timeline

Aug 28, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §103, §112 (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

1-2
Expected OA Rounds
61%
Grant Probability
96%
With Interview (+35.4%)
2y 6m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1159 resolved cases by this examiner. Grant probability derived from career allowance rate.

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