Prosecution Insights
Last updated: October 21, 2026
Application No. 18/106,653

ICE SKATE

Non-Final OA §102§103§112
Filed
Feb 07, 2023
Priority
Mar 14, 2013 — provisional 61/783,590 +3 more
Examiner
FRICK, EMMA K
Art Unit
3613
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
BAUER HOCKEY LLC
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
357 granted / 505 resolved
+18.7% vs TC avg
Strong +20% interview lift
Without
With
+20.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
28 currently pending
Career history
532
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
39.3%
-0.7% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
32.7%
-7.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 505 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION In the reply filed 6/10/2026, claims 32, 46, 48-51, 56, 57 are amended, and new claims 59 and 60 are added. Claims 32-35 and 38-60 are currently pending. Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/10/2026 has been entered. 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 59 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. Claim 59 recites: “a resilient element disposed between an upper structure that faces the skate boot and the elongated blade-supporting base to dampen vibration.” Is the upper structure of claim 59 the same upper structure as required by claim 32? Claim Rejections - 35 USC § 102 or 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 the appropriate paragraphs of pre-AIA 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 – (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States. The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 32-34, 41-60 is/are rejected under pre-AIA 35 U.S.C. 102 (b) as anticipated by or, in the alternative, under pre-AIA 35 U.S.C. 103(a) as obvious over Chenevert (EP 1 013 314 A1). Regarding claim 32, Chenevert teaches: a blade holder (including at least element 21) for holding a blade (30) of an ice skate, the ice skate comprising a skate boot (18) for receiving a foot of a skater, the blade holder comprising: a front pillar (22); a rear pillar (24) spaced from the front pillar in a longitudinal direction of the blade holder; and an elongated blade-supporting base (26) for supporting the blade between the front pillar and the rear pillar; wherein: the front pillar and the rear pillar are configured to support the skate boot and transmit forces exerted when the skater skates; and the front pillar, the rear pillar and a hollow space (25) that is defined by an upper structure (see the part of the blade holder above line L in the annotated figure below) of the blade holder and a lower structure (see the part of the blade holder below line L in the annotated figure below) of the blade holder and occupies a substantial portion of the blade holder, are configured to allow a controlled flexion of the elongated blade-supporting base in a widthwise direction of the blade holder when the skater skates (see at least [0023, 0025, 0028, 0033 and 0035]). Relevant elements are best shown in Fig. 1. Deflection of the elongated blade-supporting base (26) is shown in Fig. 7. PNG media_image1.png 399 594 media_image1.png Greyscale Chenevert describes material properties, including resilience and deflection in paragraphs [0023, 0025, 0028, 0033 and 0035]. While vertical deflection is specifically shown in Fig. 7, those having ordinary skill in the art would understand that the blade holder from Chenevert, given the described material properties, would also be capable of controlled flexion of the elongated blade-supporting base in a widthwise direction of the blade holder. During turning maneuvers, the blade holder would experience lateral forces. These lateral forces would result in the flexion as claimed. See especially [0033]: “Runner holder 20 provides an energy distribution during the power stroke that is advantageous to the skater. In a turning maneuver, pressure is applied to runner holder 20 in the same manner. A deflection of runner holder 20 occurs which partially absorbs or stores the energy of the turn providing a smooth transfer of forces between boot 18 and the ice surface.” Additionally, Chenevert describes the blade holder being made from plastic, which is known to deform in response to, and in the direction of, applied forces. Those having ordinary skill in the art would, upon review of the disclosure from Chenevert, understand that the flexible nature of the blade holder facilities flexing in more than just the vertical direction. Should it be found that Chenevert fails to teach the front pillar, the rear pillar and the hollow space are configured to allow a controlled flexion of the elongated blade-supporting base in a widthwise direction of the blade holder when the skater skates, it would be obvious to those having ordinary skill in the art to provide the blade holder from Chenevert such that the front pillar, the rear pillar, and the hollow space are configured to allow a controlled flexion of the elongated blade-supporting base in a widthwise direction of the blade holder when the skater skates, as claimed. Such a modification may require only minor alterations in the material and/or shape of the blade holder. Chenevert does express that the blade holder (21) has a relatively low modulus of elasticity, and that the blade holder is deflectable; see [0023, 0033 and 0035]. The distance of displacement permitted is facilitated by material of the blade holder, the shape of the blade holder, and the force applied to displace the blade holder. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the blade holder with a shape that facilitates the front pillar, the rear pillar, and the hollow space are configured to allow a controlled flexion of the elongated blade-supporting base in a widthwise direction of the blade holder when the skater skates; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification would be obvious to those having ordinary skill in the art as a matter of design choice, yielding the same predictable results, since such a modification would require a mere change in shape of a prior art device. A change in shape is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47. Additionally/alternatively, those having ordinary skill in the art would find it obvious to provide the blade holder made from a material that facilitates the front pillar, the rear pillar and the hollow space are configured to allow a controlled flexion of the elongated blade-supporting base in a widthwise direction of the blade holder when the skater skates; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification is an obvious design choice, yielding the same predictable results, as such a modification would require a mere change in materials. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Also, it is common knowledge to those of ordinary skill in the art to choose a material that has sufficient strength for the intended use of the material. The skate taught by Chenevert, upon being modified as expressed above, would be sufficient for carrying out its intended purpose. Paragraphs [0029-0030] do not imply a requirement of absolute rigidity along the longitudinal axis. Rather, Chenevert suggests that there must be enough rigidity “to ensure stability and high performance of the skate”. The skate is similarly rigid in the vertical direction, even though compression and resilience in the vertical direction are described. Too much flexion and low rigidity would yield breaking and injuries. Rigidity that allows some flexion provides smooth transmission of forces and impact absorption. This quality is not only desirable for forces in the vertical direction, but also widthwise, as forces in both of directions are experienced during regular use of the skate. Regarding claim 33, Chenevert further teaches: wherein each of the front pillar and the rear pillar is configured to elastically rotationally deform when the skater skates. See at least [0023, 0025, 0028, 0033, and 0035]. The physical shape of the blade holder and the materials from which it is made would cause the blade holder would react this way under skating forces. Those having ordinary skill in the art would understand that the material and shape of the pillars taught by Chenevert would permit at least a limited amount of elastic rotational deformation under high forces. Regarding claim 34, Chenevert further teaches: wherein the elongated blade-supporting base is configured to elastically flex in the widthwise direction of the blade holder when the skater skates. The elongated blade-supporting base is configured to flex as claimed at least due to the elasticity of the material and shape of the base. See at least [0023, 0025, 0028, 0033, and 0035]. Regarding claim 41, Chenevert further teaches: wherein the elongated blade-supporting base is configured to allow the blade to flex when the skater skates. The elongated blade-supporting base is configured to flex as claimed at least due to the elasticity of the material and shape of the base. See at least [0023, 0025, 0028, 0033, and 0035] and Fig. 7. Regarding claim 42, Chenevert further teaches: wherein the blade holder is configured to impart a curvature to the blade when the skater skates. See at least [0023, 0025, 0028, 0033, and 0035]. Regarding claim 43, Chenevert further teaches: wherein the blade holder is configured to kickback in the widthwise direction of the blade holder when the skater skates. The elongated blade-supporting base is configured to kickback as claimed at least due to the elasticity of the material and shape of the base. See at least [0023, 0025, 0028, 0033, and 0035]. Regarding claim 44, Chenevert further teaches: the blade holder comprises a central portion (29) longitudinally between the front pillar and the rear pillar; and the central portion is configured to compress such that a height of the blade holder at the central portion is reduced when the skater skates. See Fig. 1 and [0023, 0025, 0028, 0033, and 0035]. Regarding claim 45, Chenevert further teaches: wherein the blade holder is configured to kickback in the height direction of the blade holder when the skater skates. See at least [0023, 0025, 0028, 0033, and 0035]. Regarding claim 46, Chenevert further teaches: wherein the blade holder comprises the upper structure (see especially elements of the upper structure: 34, 35, or alternatively, 62) for facing the skate boot, the upper structure comprises a front portion and a rear portion; the front pillar extends towards the front portion of the upper structure and the rear pillar extends towards the rear portion of the upper structure. See Figs. 7, 8. Regarding claim 47, Chenevert further teaches: wherein the upper structure comprises a central portion between the front portion and the rear portion. See Fig. 7, where a portion of element 62 extends between the front and rear portions. Regarding claim 48, Chenevert further teaches: wherein a front quarter of the blade holder and a rear quarter of the blade holder are free of inter-pillar structure limiting a widthwise flexion of the elongated blade-supporting base when the skater skates. See at least Fig. 1 and [0035]. It is noted that Applicant presents a special definition for inter-pillar structure substantially limiting a widthwise flexion of the elongated blade-supporting base while the skater skates (see [0122]): any structure (i) between the front and rear pillars 1561, 1562, (ii) extending downwardly to and secured at the elongated blade-supporting base 157, (iii) having a material composition corresponding to that of (i.e., made of a same material or combination of materials as) a given one of the front and rear pillars 1561, 1562, and (iv) reducing the widthwise deflection of the elongated blade-supporting base 157 in response to a given load by at least 10%. Regarding claim 49, Chenevert further teaches: wherein a front third of the blade holder and a rear third of the blade holder are free of inter-pillar structure limiting a widthwise flexion of the elongated blade-supporting base when the skater skates. See at least Fig. 1 and [0035]. See also the special definition discussed above. Regarding claim 50, Chenevert further teaches: wherein the blade holder is free of inter-pillar structure limiting a widthwise flexion of the elongated blade-supporting base when the skater skates between the front pillar and the rear pillar. See at least Fig. 1 and [0035]. Regarding claim 51, Chenevert further teaches: wherein the blade holder is free of inter-pillar structure extending to the elongated blade-supporting base between the front pillar and the rear pillar. See at least Fig. 1 and [0035]. Regarding claim 52, Chenevert further teaches: the blade holder comprises an inter-pillar structure (29) extending downwardly to and secured at the elongated blade-supporting base; and the inter-pillar structure is configured to allow the widthwise flexion of the elongated blade-supporting base without limiting the widthwise flexion of the elongated blade-supporting base. See at least Fig. 1. Regarding claim 53, Chenevert further teaches: wherein the front pillar, the rear pillar and the elongated blade-supporting base form a U-shaped member. See Fig. 1. Regarding claim 54, Chenevert further teaches: wherein the U-shaped member is an outer U-shaped member, and the blade holder comprises an inner U-shaped member (29). See Fig. 1. Regarding claim 55, Chenevert further teaches: an ice skate comprising the blade holder of claim 32. See Fig. 1. Regarding claim 56, Chenevert teaches: a blade holder (21) for holding a blade (30) of an ice skate, the ice skate comprising a skate boot (18) for receiving a foot of a skater, the blade holder comprising: a front pillar (22); a rear pillar (24) spaced from the front pillar in a longitudinal direction of the blade holder; and an elongated blade-supporting base (26) for supporting the blade between the front pillar and the rear pillar; wherein: the front pillar and the rear pillar are configured to support the skate boot and transmit forces exerted when the skater skates; each of the front pillar and the rear pillar is configured to elastically rotationally deform when the skater skates; and a hollow space (25) that is defined by an upper structure (see the part of the blade holder above line L in the earlier annotated figure) of the blade holder and a lower structure (see the part of the blade holder below line L in the earlier annotated figure) of the blade holder and occupies a substantial portion of the blade holder enables the elongated blade-supporting base to be configured to elastically flex in a widthwise direction of the blade holder when the skater skates. The physical shape of the blade holder and the materials from which it is made would cause the blade holder to react this way under skating forces. Those having ordinary skill in the art would understand that the material and shape of the pillars taught by Chenevert would permit at least a limited amount of elastic rotational deformation under high forces. The elongated blade-supporting base is configured to flex as claimed at least due to the elasticity of the material and shape of the base. See at least [0023, 0025, 0028, 0033 and 0035]. Relevant elements are best shown in Fig. 1. Please also see the earlier discussion of claim 32. Regarding claim 57, Chenevert teaches: a blade holder (21) for holding a blade (30) of an ice skate, the ice skate comprising a skate boot (18) for receiving a foot of a skater, the blade holder comprising: a front pillar (22); a rear pillar (24) spaced from the front pillar in a longitudinal direction of the blade holder; and an elongated blade-supporting base (26) for supporting the blade between the front pillar and the rear pillar; wherein: the front pillar and the rear pillar are configured to support the skate boot to transmit forces exerted when the skater skates, and to define, with an upper structure (see the part of the blade holder above line L in the earlier annotated figure) of the blade holder and a lower structure (see the part of the blade holder below line L in the earlier annotated figure) of the blade holder, a hollow space (25) that occupies a substantial portion of the blade holder; and the blade holder is configured to impart a curvature to the blade in a widthwise direction of the blade holder when the skater skates. See at least [0023, 0025, 0028, 0033 and 0035]. Relevant elements are best shown in Fig. 1. Please also see the earlier discussion of claim 32. The claims have been interpreted under broadest reasonable interpretation. The claimed phrase “impart a curvature” does not require flexibility. See the art recognized definition of “impart” from the Cambridge Dictionary: “to communicate information to someone” or “to give something a particular feeling, quality, or taste” (https://dictionary.cambridge.org/us/dictionary/english/impart). For the purpose of addressing new claim 58 (which depends from claim 54), an alternative rejection of claim 54 is presented: Regarding claim 54, Chenevert further teaches: wherein the U-shaped member is an outer U-shaped member, and the blade holder comprises an inner U-shaped member (see the U-shaped members formed by adjacent projections 34, shown in Fig. 8). Regarding claim 58, Chenevert further teaches: wherein the outer U-shaped member is spaced from the inner U-shaped member in a vertical direction of the blade holder. The spacing is best shown in Figs. 3D, E. Regarding claim 59, Chenevert further teaches: a resilient element (29) disposed between an upper structure that faces the skate boot and the elongated blade-supporting base to dampen vibration. See [0025] and Figs. 3-4. Regarding claim 60, Chenevert further teaches: wherein at least a part of the blade holder is free of inter-pillar structure limiting a widthwise flexion of the elongated blade-supporting base, and the inter-pillar structure includes the following: (i) a structure between the front pillar and the rear pillar, (ii) a structure extending downwardly to and secured at the elongated blade-supporting base, (iii) having a material composition same to that of the front pillar, the rear pillar, or a combination of the front pillar and the rear pillar; and (iv) reducing the widthwise flexion of the elongated blade-supporting base in response to a given load by at least 10%. See at least Fig. 1 and [0035]. Claim Rejections - 35 USC § 103 The statute which forms the basis for all obviousness rejections set forth in this Office action is expressed above. Claims 35, 38-40 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Chenevert, as relied upon above, alone. Regarding claim 35, Chenevert is silent regarding specific displacements of the blade holder. As such, Chenevert fails to teach: wherein a displacement of the elongated blade-supporting base in the widthwise direction of the blade holder at a longitudinal midpoint of the blade holder is at least 2 mm when a lateral force of at least 500 N is applied in a middle of the blade holder. However, Chenevert does express that the blade holder (21) has a relatively low modulus of elasticity, and that the blade holder is deflectable; see [0023, 0033 and 0035]. The distance of displacement permitted is facilitated by material of the blade holder, the shape of the blade holder, and the force applied to displace the blade holder. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the blade holder with a shape that facilitates a displacement of the elongated blade-supporting base in the widthwise direction of the blade holder at a longitudinal midpoint of the blade holder is at least 2 mm when a lateral force of at least 500 N is applied in a middle of the blade holder; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification would be obvious to those having ordinary skill in the art as a matter of design choice, yielding the same predictable results, since such a modification would require a mere change in shape of a prior art device. A change in shape is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47. Additionally/alternatively, those having ordinary skill in the art would find it obvious to provide the blade holder made from a material that facilitates a displacement of the elongated blade-supporting base in the widthwise direction of the blade holder at a longitudinal midpoint of the blade holder is at least 2 mm when a lateral force of at least 500 N is applied in a middle of the blade holder; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification is an obvious design choice, yielding the same predictable results, as such a modification would require a mere change in materials. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Also, it is common knowledge to those of ordinary skill in the art to choose a material that has sufficient strength for the intended use of the material. Regarding claim 38, Chenevert is silent regarding specific displacements of the blade holder. As such, Chenevert fails to teach: wherein a ratio of: (i) a displacement of the elongated blade-supporting base in the widthwise direction of the blade holder at a longitudinal midpoint of the blade holder over (ii) a lateral force applied in a middle of the blade holder is at least 1/250 mm/N. However, Chenevert does express that the blade holder (21) has a relatively low modulus of elasticity, and that the blade holder is deflectable; see [0023, 0033 and 0035]. The distance of displacement permitted is facilitated by material of the blade holder, the shape of the blade holder, and the force applied to displace the blade holder. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the blade holder with a shape that facilitates the claimed ratio; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification would be obvious to those having ordinary skill in the art as a matter of design choice, yielding the same predictable results, since such a modification would require a mere change in shape of a prior art device. A change in shape is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47. Additionally/alternatively, those having ordinary skill in the art would find it obvious to provide the blade holder made from a material that facilitates the claimed ratio; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification is an obvious design choice, yielding the same predictable results, as such a modification would require a mere change in materials. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Also, it is common knowledge to those of ordinary skill in the art to choose a material that has sufficient strength for the intended use of the material. Regarding claim 39, Chenevert is silent regarding specific displacements of the blade holder. As such, Chenevert fails to teach: wherein a ratio of: (i) a displacement of the elongated blade-supporting base in the widthwise direction of the blade holder at a longitudinal midpoint of the blade holder over (ii) a lateral force applied in a middle of the blade holder is at least 1/175mm/N. However, Chenevert does express that the blade holder (21) has a relatively low modulus of elasticity, and that the blade holder is deflectable; see [0023, 0033 and 0035]. The distance of displacement permitted is facilitated by material of the blade holder, the shape of the blade holder, and the force applied to displace the blade holder. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the blade holder with a shape that facilitates the claimed ratio; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification would be obvious to those having ordinary skill in the art as a matter of design choice, yielding the same predictable results, since such a modification would require a mere change in shape of a prior art device. A change in shape is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47. Additionally/alternatively, those having ordinary skill in the art would find it obvious to provide the blade holder made from a material that facilitates the claimed ratio; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification is an obvious design choice, yielding the same predictable results, as such a modification would require a mere change in materials. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Also, it is common knowledge to those of ordinary skill in the art to choose a material that has sufficient strength for the intended use of the material. Regarding claim 40, Chenevert is silent regarding specific displacements of the blade holder. As such, Chenevert fails to teach: wherein a ratio of: (i) a displacement of the elongated blade-supporting base in the widthwise direction of the blade holder at a longitudinal midpoint of the blade holder over (ii) a lateral force applied in a middle of the blade holder is at least 1/100mm/N. However, Chenevert does express that the blade holder (21) has a relatively low modulus of elasticity, and that the blade holder is deflectable; see [0023, 0033 and 0035]. The distance of displacement permitted is facilitated by material of the blade holder, the shape of the blade holder, and the force applied to displace the blade holder. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the blade holder with a shape that facilitates the claimed ratio; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification would be obvious to those having ordinary skill in the art as a matter of design choice, yielding the same predictable results, since such a modification would require a mere change in shape of a prior art device. A change in shape is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47. Additionally/alternatively, those having ordinary skill in the art would find it obvious to provide the blade holder made from a material that facilitates the claimed ratio; the motivation being: for impact absorption and for optimizing the area of the blade which contacts the ice. Such a modification is an obvious design choice, yielding the same predictable results, as such a modification would require a mere change in materials. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Also, it is common knowledge to those of ordinary skill in the art to choose a material that has sufficient strength for the intended use of the material. Response to Arguments Applicant's arguments filed 6/10/2026 have been fully considered. The Examiner agrees that the claims, as amended, remedy the claim objection(s), previously applied. The Examiner agrees that the claims, as amended, overcome the previously-applied rejections for indefiniteness. Additional remarks are made with regard to the previously applied rejections under 35 USC § 102 and/or 103. Applicant asserts that Chenevert fails to teach the limitations of the claims, as amended. Applicant's arguments were made with respect to the claims, as amended, and have been rejected/addressed as provided above. Please see the discussion above, which provides detailed explanation of how the prior art reads on the claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMA K FRICK whose telephone number is (571)270-5403. The examiner can normally be reached 9AM-5PM EST M, T, F. 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, Allen Shriver can be reached at (303) 297-4324. 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. /EMMA K FRICK/ Primary Examiner, Art Unit 3613
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Prosecution Timeline

Show 1 earlier event
Sep 10, 2025
Non-Final Rejection mailed — §102, §103, §112
Jan 09, 2026
Response Filed
Jan 09, 2026
Examiner Interview Summary
Jan 09, 2026
Applicant Interview (Telephonic)
Mar 10, 2026
Final Rejection mailed — §102, §103, §112
Jun 10, 2026
Request for Continued Examination
Jun 18, 2026
Response after Non-Final Action
Oct 02, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
91%
With Interview (+20.1%)
2y 6m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 505 resolved cases by this examiner. Grant probability derived from career allowance rate.

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