Prosecution Insights
Last updated: April 19, 2026
Application No. 17/881,909

BARBECUE UTENSIL

Non-Final OA §102§103
Filed
Aug 05, 2022
Examiner
NGUYEN, SON T
Art Unit
3643
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
BRANDIVISION GmbH
OA Round
1 (Non-Final)
29%
Grant Probability
At Risk
1-2
OA Rounds
3y 10m
To Grant
45%
With Interview

Examiner Intelligence

Grants only 29% of cases
29%
Career Allow Rate
331 granted / 1154 resolved
-23.3% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
50 currently pending
Career history
1204
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
48.2%
+8.2% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1154 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. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the bearing shoulders (claim 11) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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. Claim Objections Claim 10 is objected to because of the following informalities: the limitation of “the a” should be corrected to ---the---. Appropriate correction is required. 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. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1,5,8 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Neal et al. (US 20030030291 A1) . For claim 1 , Neal et al. disclose a barbecue utensil, comprising: a housing (12,16,18) configured to be usable as a handle; and having at least one tool (14) that is stowable in the housing, wherein the at least one tool is a foldable turner (26) for turning food, wherein the turner has a head with a surface area that is reduced by a folding function (fig. 3a, para. 0026-0028) for stowage purposes and is increased by the folding function in order for the turner to be used for turning food. For claim 5 , Neal et al. disclose t he barbecue utensil according to c laim 1, wherein the housing has two main shells (16,18) that are U-shaped profiles (fig. 7, both refs. 16,18 if cross-sectioned would be U-shaped) and that are swingable closed and swung open via at least one housing hinge (20) , wherein the main shells form a stowage space for tools that are swing-action tools. For claim 8 , Neil et al. disclose t he barbecue utensil according to c laim 1, wherein the at least one tool includes at least one sliding tool (14’ ; sliding shown in arrow B ) configured as a sliding knife, a fork or a skewer (fig. 1) . 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ne a l et al. (as above) in view of Ahn (KR 20110056828 A) . For claim 2 , Neal et al. teach t he barbecue utensil according to c laim 1, wherein the head of the turner has a plurality of head segments that are foldable open and closed (figs. 3,3a and para. 00240028) but is silent about in a fan-like manner. Ahn teaches a turner having a plurality of head segments (30,40) that are foldable open and closed in a fan-like manner (fig. 1) so as to create a wider head for a larger area for cooking (translation states: “ Figure 1 shows the city is also the width-adjustable handle portion of the switch device (50) as dwijipgae (10), raising the top along the rail (20) head (40) The number of devices separately at the back of the head assistant 30 is the spread width to form a wider head. Therefore, a large area of food which can be easily during cooking. ”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the head of the turner of Neal et al. with a plurality of head segments that are foldable open and closed in a fan-like manner as taught by Ahn in order to provide create a wider head for a larger area for cooking . For claim 3, Neal et al as modified by Ahn teach t he barbecue utensil according to c laim 2, (emphasis on Ahn since Ahn is relied on for the fan-like segments as stated in claim 2) wherein the head segments are connected to one another by contact elements so that all the head segments are fanned out by actuation of a single one of the head segments (although not specifically stated in the translation of Ahn, it is implied that the segments 30 are connected by some sort of contact elements so as to allow the segments to fan out as shown in fig. 1) . In the event that applicant disagrees with the examiner’s interpretation of Ahn, i t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the head segments of Neal et al. as modified by Ahn be connected by contact elements in order to connect the segments together in one piece to create the fan-like configuration. For claim 4 , Neal et al as modified by Ahn teach t he barbecue utensil according to c laim 2, (emphasis on Ahn since Ahn is relied on for the fan-like segments as stated in claim 2) further comprising a fixing device that fixes the head segments of the turner in a fanned-out position (although not specifically stated in the translation of Ahn, it is implied that the segments 30 are connected by some sort of fixing device so as to allow the segments to fan out as shown in fig. 1) . In the event that applicant disagrees with the examiner’s interpretation of Ahn, i t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the head segments of Neal et al. as modified by Ahn be fixed by a fixing device in a fanned-out positio n in order to connect the segments together in one piece to create the fan-like configuration. Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Ne a l et al. (as above) in view of Sun ( CN 206702946 U ). For claim 6 , Neal et al. teach t he barbecue utensil according to c laim 5, but are silent about f urther comprising a covering shell arranged on an outside of at least one of the main shells to form a second stowage space between the main shell and the covering shell for a sliding tool. Sun teaches a utensil comprising a covering shell ( 8 ) arranged on an outside of at least one of the main shells (3 or 4) to form a second stowage space between the main shell and the covering shell for a sliding tool (functional recitation to which the second stowage space of Sun can store a sliding tool or flipping tool or the like, since it is a compartment with space) . I t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a covering shell as taught by Sun arranged on an outside of at least one of the main shells of Neal et al. in order to provide a separate compartment or space for certain tool as desired so as to be more organized. For claim 7 , Neal et al. as modified by Sun teach t he barbecue utensil according to c laim 6, (emphasis on Sun since Sun is relied on for the covering shell as stated in claim 6) wherein the covering shell is releasably connected to the main shell so that the tool located therebeneath is removable (see figs. 2-3) . Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Ne a l et al. (as above) in view of Noorzai ( US 20150342412 A1 ). For claim 9 , Neal et al. teach t he barbecue utensil according to c laim 1, but are silent about wherein the at least one tool includes at least one swing-action tool, wherein the swing-action tool is assigned an arresting spring. Noorzai teaches a kitchen tool comprising wherein the at least one tool includes at least one swing-action tool (6) , wherein the swing-action tool is assigned an arresting spring (para. 0019-0023) . I t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include at least one swing-action tool, wherein the swing-action tool is assigned an arresting spring as taught by Noorzai as one of the least one tool of Neal et al. in order to provide the user with more than one tools that can swing out for ease of usage. In the event that applicant disagrees with the examiner that Neal et al. as modified by Noorzai teach an arresting spring, i t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to substitute the spring-loaded spring used in Neal et al. as modified by Noorzai with an arresting spring , since a simple substitution of one known equivalent element for another would obtain predictable results (both types of spring would allow the tool to swing outward for usage) . KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007). Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Neal et al. as modified by Noorzai as applied to claims 1,9 above, and further in view of Avery et al. (US 20090293284 A1). For claim 10 , Neal et al. as modified by Noorzai teach t he barbecue utensil according to c laim 9, but are silent about wherein the swing-action tool is barbecue tongs. Avery et al. teach a utensil comprising a swing-action tool that is barbecue tongs (figs. 10,12). I t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select barbecue tongs as taught by Avery et al. as the swing-action tool of Neal et al. as modified by Noorzai , depending on the user’s preference to select the desire tool as needed for certain task. For claim 11 , Neal et al. as modified by Noorzai and Avery et al. teach t he barbecue utensil according to c laim 10, further comprising bearing shoulders (28 for fig. 10 or 40 for fig. 12 of Avery et al.) for central alignment of the barbecue tongs in a swung-closed state of the barbecue utensil. I t would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include bearing shoulders as taught by Avery et al. in the barbecue tongs of Neal et al. as modified by Noorzai and Avery et al. in order to provide different cutting pattern that can also be gripping pattern, and can assist in central alignment as similar to applicant’s invention because the bearing shoulders of Avery et al. are similar to applicant’s. Note that since applicant failed to show what are bearing shoulders, the examiner is assuming the teeth on the tongs 3,4 as shown in fig. 1. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of barbecue utensil: US 2063432 A teaches Kitchen utensil US 1047795 A teaches combination-tool US 20190381647 A1 teaches tool having one or more rotatable tool members US 20160288309 A1 teaches multi-function tool US 20170283230 A1 teaches Foldable cork remover and extractor US 20200306935 A1 teaches multi-function tool with laminated plier jaws KR 20220135650 A teaches multi cookware assembly CN 106943044 A teaches turner with protective cover CN 204618011 U teaches A collapsible barbecue tool KR 20120134985 A teaches the kitchen scissor with scoop CN 207736318 U teaches A combined structure of three parts CN 203210339 U teaches Small-sized and compact scissors and pliers combination tool, has pliers rotated around axle far away from primary housing such that pliers handle and primary housing form operation handle of pliers GB 2121271 A teaches Eating implement with the function of scissors CA 2720941 A1 teaches tool having an integral carabiner FR 2855781 A1 teaches Kitchen utensil for cutting and serving prepared food e.g. pizza, has one scissor fixed on support slab which comprises of movable part that permits prepared food to be divided by angle and/or using dividers WO 2024182853 A1 teaches a multipurpose tool. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT SON T NGUYEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6889 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 9:00 to 4:00 . 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, FILLIN "SPE Name?" \* MERGEFORMAT Peter Poon can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6891 . 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. /Son T Nguyen/ Primary Examiner, Art Unit 3643
Read full office action

Prosecution Timeline

Aug 05, 2022
Application Filed
Dec 16, 2025
Non-Final Rejection — §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

1-2
Expected OA Rounds
29%
Grant Probability
45%
With Interview (+16.7%)
3y 10m
Median Time to Grant
Low
PTA Risk
Based on 1154 resolved cases by this examiner. Grant probability derived from career allow rate.

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