Prosecution Insights
Last updated: October 23, 2026
Application No. 18/908,079

VACUUM CLEANER

Final Rejection §102§103
Filed
Oct 07, 2024
Priority
Oct 13, 2017 — provisional 62/572,220 +1 more
Examiner
FORDJOUR, SARAH AKYAA
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
2 (Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
1y 1m
Est. Remaining
75%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
74 granted / 144 resolved
-18.6% vs TC avg
Strong +23% interview lift
Without
With
+23.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
37 currently pending
Career history
205
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
55.8%
+15.8% vs TC avg
§102
25.0%
-15.0% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 144 resolved cases

Office Action

§102 §103
DETAILED ACTION VACUUM CLEANER 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 amendment filed 07-15-2026 has been entered. Claims 1-5,7-20 are currently pending and have been examined. Claim 6 has been cancelled. Applicant’s amendment overcomes the drawing objection previously set forth in the Non-Final Office action mailed 04-21-2026. The previous rejection has been updated due to applicant’s amendments. Response to Arguments Applicant’s arguments filed 07-15-2026, with respect to the rejection(s) of claim(s) 1, 15 and their dependent claims under 35 U.S.C.102 & 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 new limitations. Claim Rejections - 35 USC § 102 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. (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. Claim(s) 1-4,7-8,10,13 and 15,19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki (EP2042072A2). Regarding claim 1, Suzuki teaches an accessory end (26a, figure 5 and 16)) configured to accept one or more interchangeable accessory nozzles; an attachment end (" The downstream end portion of the downstream-side hose 12 is fitted and secured in a substantially cylindrical clamp unit 17, which serves as a detachable part for removably attaching the downstream-side hose 12 to the main body suction port 3. A hose securing ring 18 having an annular shape is attached around a middle portion of the downstream-side hose 12, between the clamp unit 17 and the hose joint 1"), opposite the accessory end, and configured to removably attach to said vacuum body assembly; a hollow conduit (11 and 12, figures 13-14) extending between the accessory end and the attachment end, wherein the hollow conduit is a flexible hollow conduit (para 0014 and 0019); and a pivot joint (24, figures 13-15; para 0052&0055)assembly located between the accessory end and the attachment end and including a collar (22d, figures 13-14), the flexible hollow conduit (see 11, figures 13-14) passing through and extending beyond the collar toward the accessory end, the pivot joint assembly providing rotation of the accessory end relative to the attachment end (see para 0052 & 0055). Regarding claim 2, Suzkui teaches wherein the pivot joint assembly (see 24, figure 15)defines a rotational axis perpendicular to a length of the hollow conduit. (see 11 and 12, figures 12 -15) Regarding claim 3, Suzkui teaches wherein the pivot joint assembly (24, figure 15 restricts rotation of the hollow conduit about an axis perpendicular to the rotational axis at the pivot joint assembly (para 0030; lock means) Regarding claim 4, Suzkui teaches wherein the attachment end (" The downstream end portion of the downstream-side hose 12 is fitted and secured in a substantially cylindrical clamp unit 17, which serves as a detachable part for removably attaching the downstream-side hose 12 to the main body suction port 3. A hose securing ring 18 having an annular shape is attached around a middle portion of the downstream-side hose 12, between the clamp unit 17 and the hose joint 1"), has greater rigidity (see 17) than the hollow conduit Regarding claim 7, Suzkui teaches wherein the pivot joint assembly defines a rotational axis (see 24a figure 15), and wherein the collar (22d, figures 13-15) is offset (see figure 15) from the rotational axis. Regarding claim 8, Suzkui teaches wherein the pivot joint assembly (see 24a, figure 15) is located nearer to the attachment end than to the accessory end. Regarding claim 10, Suzkui teaches wherein the pivot joint assembly (see 24, figure 15) permits rotation (para 0052 and para 0055) of the suction hose (see 12 figure 1)downward relative to said vacuum body assembly (1, figure 15) when said vacuum cleaner is in a carry mode, and wherein the pivot joint assembly permits rotation of the suction hose upward relative (see figures 5 and 16)to the vacuum body assembly when said vacuum cleaner is in a stand mode. Regarding claim 13, Suzkui teaches a vacuum body assembly (1, figures 15-16), and the suction hose (4, para 0012) as claimed in claim 1 (see rejection above). Regarding claim 15, Suzkui teaches an accessory end (26a, figure 5 and 16) configured to accept one or more interchangeable accessory nozzles; an attachment end (" The downstream end portion of the downstream-side hose 12 is fitted and secured in a substantially cylindrical clamp unit 17, which serves as a detachable part for removably attaching the downstream-side hose 12 to the main body suction port 3. A hose securing ring 18 having an annular shape is attached around a middle portion of the downstream-side hose 12, between the clamp unit 17 and the hose joint 1"), opposite the accessory end, and configured to removably attach to a vacuum body assembly; a hollow conduit (11 and 12, figures 13-14) extending between the accessory end and the attachment end, wherein the hollow conduit is a flexible hollow conduit(para 0014 and 0019); and a pivot joint (24, figures 13-15; para 0052&0055)assembly located between the accessory end and the attachment end, the pivot joint assembly providing rotation of the accessory end relative to the attachment end, the pivot joint assembly defining a rotational axis (see figure 15; para 0052 & 0055)perpendicular to a length of the flexible hollow conduit; wherein the pivot joint assembly includes a collar (22d, figures 13-14)spaced apart from the attachment end, and wherein the flexible hollow conduit extends though the collar of the pivot joint assembly such that a first portion (12, figures 13-15) of the flexible hollow conduit extends between the attachment end and the collar and a second portion (11, figures 4,13-15) of the flexible hollow conduit extends between the collar and the accessory end, and wherein the collar(22d, figures 13-15) is offset from the rotational axis (24a, figure 15). Regarding claim 19, Suzkui teaches wherein the collar (22d, figures 4-15) is located nearer to the attachment end than to the accessory end (26a, figure 16) . 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) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (EP2042072A2) in view of O’Brien (US3966379A). Regarding claims 5 and 20, Suzuki teaches all limitations stated above, but fails to disclose wherein the hollow conduit is a flexible corrugated conduit. O’brien discloses making vacuum cleaner hose assembly where suction hose has a hollow conduit that is a flexible corrugated conduit (abstract, figure 1-2). Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Suzuki wherein the hollow conduit is a flexible corrugated conduit based on the teachings of O’Brien. This modification would ensure that conduit is flexible, high resistance to collapsing when force is applied and reduction in noise. (col1 lines 5-col 3 lines 10 of O’Brien) Claim(s) 9 and 11-12,16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (EP2042072A2) in view of Kim et al. (US20190320864A1). Regarding claim 9, Suzkui teaches all limitations stated above, but fails to teach wherein the pivot joint assembly is directly coupled to the attachment end. Kim teaches a cleaning apparatus (abstract)that includes a pivot joint assembly (60, figures 6-8) is directly coupled to the attachment end (52, figures 4, 6-8). Per MPEP 2144.04 V-B, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Suzuki to have the pivot joint assembly is directly coupled to the attachment end based on teachings of Kim. Since, it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Regarding claims 11 and 16, Suzuki teaches all limitations stated above, and wherein the pivot joint assembly (24, figures 11-15) includes a first pair of arms(see annotated figure below)extending from the attachment end towards the accessory end(26a, figure 5 and 16)), the collar (22d, figures 11-14) extending around the hollow conduit (11 and 12, figures 11-14) and spaced apart from the attachment end “The downstream end portion of the downstream-side hose 12 is fitted and secured in a substantially cylindrical clamp unit 17, which serves as a detachable part for removably attaching the downstream-side hose 12 to the main body suction port 3. A hose securing ring 18 having an annular shape is attached around a middle portion of the downstream-side hose 12, between the clamp unit 17 and the hose joint 1"), but fails to teach a second pair of arms extending from the collar to the first pair of arms. Kim teaches a cleaning apparatus (abstract)that includes a first pair of arms (77, figure 10) extending from the attachment end towards the accessory end, a collar (see annotated figure above) extending around the hollow conduit and spaced apart from the attachment end, and a second pair of arms (80, figure 10) extending from the collar to the first pair of arms; wherein the first pair of arms and the second pair of arms collectively define a rotational axis of the pivot joint assembly (para 0118-0124, figures 10-14), that the arms (77, 80) can be rearranged (see para 0120-0122). Per MPEP 2144.04 (VI-B), it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Suzuki to have a second pair of arms extending from the collar to the first pair of arms based on the teachings of Kim , since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Regarding claim 12 and 17, Suzuki as modified above teaches wherein the first pair of arms (see Suzkui annotated figure above) and the second pair of arms (see Kim 80, figure 10) collectively define a rotational axis of the pivot joint assembly (see Suzkui para 0052 & 0055 and see Kim para 0118-0124, figures 10-14). Regarding claim 18, Suzkui as modified above teaches all limitations above, but fails to explicitly teach second pair of arms are located between the first pair of arms and the hollow conduit. Kim does disclose that one of the pairs is located between the other pair of arms and the hollow conduit (see figures 9-14; para 0118-0124), and that the arms (77, 80) can be rearranged (see para 0120-0122). Per MPEP 2144.04 (VI-C) ,it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Suzkui wherein the second pair of arms are located between the first pair of arms and the hollow conduit, since it has been held that rearranging parts of an invention involves only routine skill in the art. Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki (EP2042072A2), in view of Williamson (US 20110289716 A1) Regarding claim 14, Suzkui teaches all limitations stated above, and a debris container (see para 0010 “collect the suctioned dust and dirt”); and a housing having a suction source (see motor fan 2, para 0010) configured to draw air into the debris container; a stand mode (figure 16) in which the vacuum body assembly is configured to rest on a support surface, and a hang mode (see 31a, figure 15)in which the vacuum body assembly is configured (capable to allow 1 to hang) to hang from a mount structure, but fails to teach wherein the vacuum cleaner is convertible between a carry mode in which the vacuum cleaner is configured to be worn by a user. Williamson teaches a portable vacuum cleaner (abstract) that convertible between different modes (figures 1-7), where one of the modes is a carry mode in which the vacuum cleaner is configured to be worn by a user (see figure 6; 0024) using a wide range of techniques . Therefore, it would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Suzkui cleaner is convertible between a carry mode in which the vacuum cleaner is configured to be worn by a user based on the teachings of Williamson. This modification would allow the vacuum cleaner to be easily carried and operated about an area by a person (see para 0024 of Williamson). 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
Read full office action

Prosecution Timeline

Oct 07, 2024
Application Filed
Apr 21, 2026
Non-Final Rejection mailed — §102, §103
Jul 15, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12758067
CLEANING TOOL AND CLEANING DEVICE
3y 9m to grant Granted Oct 13, 2026
Patent 12690734
CLEANER HEAD AND CLEANER INCLUDING THE SAME
3y 9m to grant Granted Jul 28, 2026
Patent 12685423
CLEANING MACHINE ERGONOMIC HANDLE
2y 5m to grant Granted Jul 21, 2026
Patent 12667238
SURFACE CLEANING APPARATUS WITH STEAM DELIVERY
3y 3m to grant Granted Jun 30, 2026
Patent 12643158
GRINDING TOOL FOR GRINDING BUTTONS ON A ROCK DRILL BIT
4y 5m to grant Granted Jun 02, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
51%
Grant Probability
75%
With Interview (+23.2%)
3y 2m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 144 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month