Prosecution Insights
Last updated: October 21, 2026
Application No. 18/924,127

SURFACE CLEANING APPARATUS

Non-Final OA §102§103
Filed
Oct 23, 2024
Priority
Jul 29, 2020 — provisional 63/058,395 +1 more
Examiner
SOTO, CHRISTOPHER ASHLEY
Art Unit
3723
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Shaekninja Operating LLC
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
1y 0m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
71 granted / 133 resolved
-16.6% vs TC avg
Strong +26% interview lift
Without
With
+25.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
40 currently pending
Career history
195
Total Applications
across all art units

Statute-Specific Performance

§103
48.7%
+8.7% vs TC avg
§102
23.7%
-16.3% vs TC avg
§112
25.2%
-14.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 133 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 . Claim Objections Claim 10 is objected to because of the following informalities: “the premotor filter chamber and configured to configured to cooperate with the”, and should be “the premotor filter chamber and configured to cooperate with the”, as best understood, for clarity. Appropriate correction 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 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conrad et al. (U.S. Pub. No. 2020/0253437 A1). Referring to claim 1: Conrad discloses a surface cleaning apparatus (100 Figs. 1-12) comprising: a cleaner body (108 Figs. 1-12) having an inlet (120 Figs. 1-12); a dust cup (208 Figs. 1-12) coupled to the cleaner body (108 Figs. 1-12), the dust cup being configured to selectively pivot (pivoting via 248 Fig. 3) between at least three indexed positions, wherein each indexed position is a position at which the dust cup (208 Figs. 1-12) is selectively retained, the at least three indexed positions including: a first position (first position shown in Figs. 1, 2, and 6) in which the dust cup (208 Figs. 1-12) is fluidly coupled to the inlet (120 Figs. 1-12); a second position (second position shown in Figs. 3-5, and 7) in which the dust cup (208 Figs. 1-12) is fluidly decoupled from the inlet (120 Figs. 1-12); and a third position (third a dust cup biasing mechanism (248 Figs. 2-4) to urge the dust cup towards the second position; and a stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12), wherein a force exerted (outward swinging force of 248) by the dust cup biasing mechanism (248 Figs. 2-4) is insufficient to overcome a force exerted by the stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12), selectively retaining the dust cup (208 Figs. 1-12) in the second position (second position shown in Figs. 3-5, and 7). Referring to claim 4: Conrad discloses the surface cleaning apparatus of claim 1, wherein, when the dust cup is in the third position (third Referring to claim 5: Conrad discloses the surface cleaning apparatus of claim 1 further comprising a slidable stop (304 Figs. 7, 9, and 12; Paragraphs 0134, 0135) configured to cooperate with the stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12) to retain the dust cup (208 Figs. 1-12) in the second position (second position shown in Figs. 3-5, and 7). Referring to claim 6: Conrad discloses the surface cleaning apparatus of claim 5, wherein the slidable stop (304 Figs. 7, 9, and 12) is configured to slide (shown sliding in Figs. 7, 9, and 12) in response to pivotal movement of the dust cup (208 Figs. 1-12) from the second position (second position shown in Figs. 3-5, and 7) toward the third position (third Referring to claim 7: Conrad discloses the surface cleaning apparatus of claim 6 further comprising a removal release (264 Figs. 2 and 3) pivotally coupled (pivoting via 272 Figs. 2 and 3) to the cleaner body (108 Figs. 1-12), the removal release being configured to transition between a latching position and a releasing position (shown in Figs. 2 and 3), wherein, when the removal release (264 Figs. 2 and 3) is in the latching position (shown in Fig. 2), sliding movement of the slidable stop (304 Figs. 7, 9, and 12) is substantially prevented. 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, 3, and 8-17 are rejected under 35 U.S.C. 103 as being unpatentable over Conrad et al. (U.S. Pub. No. 2020/0253437 A1) and Tonderys (U.S. Pub. No. 2019/0090701 A1). Referring to claim 2: Conrad discloses the surface cleaning apparatus of claim 1 further comprising a filter chamber (178 Fig. 3) coupled to the cleaner body (108 Figs. 1-12). But is silent on a filter chamber specifically being removably coupled. Tonderys et al. teaches a filter chamber (1314 Figs. 31C and D) which is specifically removably coupled (Paragraph 0134) to the cleaner body (1301 Figs. 31A-D and 32A-D). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning apparatus of Conrad et al. with the removable filter chamber of Tonderys et al. for the purpose of easily cleaning or replacing part of the cleaning chamber. Referring to claim 3: Conrad as modified teaches the surface cleaning apparatus of claim 2, wherein the dust cup (208 Figs. 1-12) is pivotally coupled to the filter chamber (178 Fig. 3). Referring to claim 8: Conrad teaches a vacuum cleaner (100 Figs. 1-12) comprising: a cleaner body (108 Figs. 1-12) having a handle (112 Fig. 1) and an inlet (120 Figs. 1-12); a suction motor (144 Fig. 3) fluidly coupled to the inlet (120 Figs. 1-12); a premotor filter chamber (178 Fig. 3) coupled to the cleaner body (108 Figs. 1-12) and fluidly coupled to the suction motor (144 Fig. 3); and a dust cup (208 Figs. 1-12) coupled to the cleaner body (108 Figs. 1-12), the dust cup (208 Figs. 1-12) being configured to selectively pivot between at least three indexed positions, wherein each indexed position is a position at which the dust cup (208 Figs. 1-12) is selectively retained, the at least three indexed positions including: a first position (first position shown in Figs. 1, 2, and 6) in which the dust cup (208 Figs. 1-12) is fluidly coupled to the inlet (120 Figs. 1-12); a second position (second position shown in Figs. 3-5, and 7) in which the dust cup (208 Figs. 1-12) is fluidly decoupled from the inlet (120 Figs. 1-12); and a third position (third a dust cup biasing mechanism (248 Figs. 2-4) to urge the dust cup (208 Figs. 1-12) towards the second position (second position shown in Figs. 3-5, and 7); and a stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12), wherein a force exerted (outward swinging force of 248) by the dust cup biasing mechanism (248 Figs. 2-4) is insufficient to overcome a force exerted by the stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12), selectively retaining the dust cup (208 Figs. 1-12) in the second position (second position shown in Figs. 3-5, and 7). But is silent on the premotor filter chamber specifically being removably coupled to the cleaner body. Tonderys et al. teaches a filter chamber (1314 Figs. 31C and D) which is specifically removably coupled (Paragraph 0134) to the cleaner body (1301 Figs. 31A-D and 32A-D). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning apparatus of Conrad et al. with the removable filter chamber of Tonderys et al. for the purpose of easily cleaning or replacing part of the cleaning chamber. Referring to claim 9: Conrad as modified teaches the vacuum cleaner of claim 8, wherein, when the dust cup (208 Figs. 1-12) is in the third position (third Referring to claim 10: Conrad as modified teaches the vacuum cleaner of claim 8 further comprising a slidable stop (304 Figs. 7, 9, and 12; Paragraphs 0134, 0135) slidably coupled to the premotor filter chamber (178 Fig. 3) and configured to configured to cooperate with the stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12) to retain the dust cup (208 Figs. 1-12) in the second position (second position shown in Figs. 3-5, and 7). Referring to claim 11: Conrad as modified teaches the vacuum cleaner of claim 10, wherein the slidable stop (304 Figs. 7, 9, and 12) is configured to slide in response to pivotal movement of the dust cup (208 Figs. 1-12) from the second position (second position shown in Figs. 3-5, and 7) toward the third position (third Referring to claim 12: Conrad as modified teaches the vacuum cleaner of claim 11 further comprising a removal release (264 Figs. 2 and 3) pivotally coupled (pivoting via 272 Figs. 2 and 3) to the cleaner body (108 Figs. 1-12), the removal release being configured to transition between a latching position and a releasing position (shown in Figs. 2 and 3), wherein, when the removal release (264 Figs. 2 and 3) is in the latching position (shown in Fig. 2), sliding movement of the slidable stop (304 Figs. 7, 9, and 12) is substantially prevented. Referring to claim 13: Conrad teaches a vacuum cleaner (100 Figs. 1-12) comprising: a cleaner body (108 Figs. 1-12) having a handle (112 Fig. 1) and an inlet (120 Figs. 1-12), the inlet being opposite the handle (112 Fig. 1) along a longitudinal axis (longitudinal axis of 2/2’ shown in Fig. 1) of the cleaner body (108 Figs. 1-12); a suction motor (144 Fig. 3) fluidly coupled to the inlet (120 Figs. 1-12); a premotor filter chamber (178 Fig. 3) coupled to the cleaner body (108 Figs. 1-12) and fluidly coupled to the suction motor (144 Fig. 3); and a dust cup (208 Figs. 1-12) fluidly coupled to the suction motor (144 Fig. 3) and pivotally coupled to the premotor filter chamber (178 Fig. 3), the dust cup (208 Figs. 1-12) being configured to selectively pivot between at least three indexed positions, wherein each indexed position is a position at which the dust cup (208 Figs. 1-12) is selectively retained, the at least three indexed positions including: a first position (first position shown in Figs. 1, 2, and 6) in which the dust cup (208 Figs. 1-12) is fluidly coupled to the inlet (120 Figs. 1-12); a second position (second position shown in Figs. 3-5, and 7) in which the dust cup (208 Figs. 1-12) is fluidly decoupled from the inlet (120 Figs. 1-12); and a third position (third a dust cup biasing mechanism (248 Figs. 2-4) to urge the dust cup (208 Figs. 1-12) towards the second position (second position shown in Figs. 3-5, and 7); and a stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12), wherein a force exerted (outward swinging force of 248) by the dust cup biasing mechanism (280, 308, and 304 Figs. 6-9 and 12) is insufficient to overcome a force exerted by the stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12), selectively retaining the dust cup (208 Figs. 1-12) in the second position (second position shown in Figs. 3-5, and 7). But is silent on the premotor filter chamber specifically being removably coupled to the cleaner body. Tonderys et al. teaches a filter chamber (1314 Figs. 31C and D) which is specifically removably coupled (Paragraph 0134) to the cleaner body (1301 Figs. 31A-D and 32A-D). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cleaning apparatus of Conrad et al. with the removable filter chamber of Tonderys et al. for the purpose of easily cleaning or replacing part of the cleaning chamber. Referring to claim 14: Conrad as modified teaches the vacuum cleaner of claim 13, wherein, when the dust cup (208 Figs. 1-12) is in the third position (third Referring to claim 15: Conrad as modified teaches the vacuum cleaner of claim 13 further comprising a slidable stop (304 Figs. 7, 9, and 12; Paragraphs 0134, 0135) slidably coupled to the premotor filter chamber (178 Fig. 3) and configured to configured to cooperate (shown in Fig. 4) with the stop biasing mechanism (280, 308, and 304 Figs. 6-9 and 12) to retain the dust cup (208 Figs. 1-12) in the second position (second position shown in Figs. 3-5, and 7). Referring to claim 16: Conrad as modified teaches the vacuum cleaner of claim 15, wherein the slidable stop (304 Figs. 7, 9, and 12) is configured to slide in response to pivotal movement of the dust cup (208 Figs. 1-12) from the second position (second position shown in Figs. 3-5, and 7) toward the third position (third Referring to claim 17: Conrad as modified teaches the vacuum cleaner of claim 16 further comprising a removal release (264 Figs. 2 and 3) pivotally coupled (pivoting via 272 Figs. 2 and 3) to the cleaner body (108 Figs. 1-12), the removal release being configured to transition between a latching position and a releasing position (shown in Figs. 2 and 3), wherein, when the removal release (264 Figs. 2 and 3) is in the latching position (shown in Fig. 2), sliding movement of the slidable stop (304 Figs. 7, 9, and 12) is substantially prevented. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m.. 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. CHRISTOPHER SOTO Examiner Art Unit 3723 /CHRISTOPHER SOTO/Examiner, Art Unit 3723 /MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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Prosecution Timeline

Oct 23, 2024
Application Filed
Sep 28, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
53%
Grant Probability
79%
With Interview (+25.5%)
3y 0m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 133 resolved cases by this examiner. Grant probability derived from career allowance rate.

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