Prosecution Insights
Last updated: April 19, 2026
Application No. 18/147,339

PAYLOAD RELEASE DEVICE AND ASSEMBLY

Non-Final OA §102§103§112
Filed
Dec 28, 2022
Examiner
GARFT, CHRISTOPHER
Art Unit
3632
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Flytrex Aviation Ltd.
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
2y 4m
To Grant
82%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
818 granted / 1392 resolved
+6.8% vs TC avg
Strong +23% interview lift
Without
With
+22.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
73 currently pending
Career history
1465
Total Applications
across all art units

Statute-Specific Performance

§103
46.5%
+6.5% vs TC avg
§102
25.1%
-14.9% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1392 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 appl icant regards as his invention. Claims 9-11 and 13 are 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. Re. Cl. 9, the limitation “into an aperture” in Line 11 renders the claim indefinite in the Examiner’s position. Applicant previously mentions an “aperture” in Line 4 which appears to be the same structure as what is mentioned in Line 11. However, Applicant does not use antecedent basis terminology so it is unclear if the Applicant is intending to claim different structures or the same. It is suggested that the Applicant amend Line 11 to read “the aperture” to overcome this issue. Re. Cl. 13, the limitation “the middle portion further comprises at least one groove” renders the claim indefinite in the Examiner’s position. Applicant’s specification identifies grooves as (132) which can be seen in Fig. 1 as being part of housing (130) and middle portion as (113) which appears separately from the housing (130). Therefore, it is unclear if the Applicant is intending to refer to the housing having the grooves or if there are other grooves which the Applicant is intending to claim. Appropriate clarification is requested. 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, 4-6, 8-9, 11-13 and 15-17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kraeling US 4401334 (hereinafter Kraeling) . Re. Cl. 1, Kraeling discloses: A payload release assembly (Fig. 1) , comprising: a housing (21-22, Fig. 1) defining a cavity (see Fig. 1-2, between arms of 21) adapted to accept at least a portion of a payload release device (see Fig. 1-2, receiving plates 1-3 and the remainder of the device)) ; the payload release device (see Fig. 1-2) , the payload release device further comprising a button (5, Fig. 1) and a member (1-3, Fig. 1-2) having a top portion (see Fig. 1, attached to 21) , a bottom portion (see Fig. 1, where lower 18s are) , and a middle portion (see Fig. 1, where 24 and 30 are located) ; the middle portion of the member having an aperture (see Fig. 1-2, between 24 and 30) , the aperture defining at least a bottom edge (30, Fig. 1) , a first upwardly sloping edge (see annotated figure 1) , and a second upwardly sloping edge (see 24, Fig. 1) , wherein each upwardly sloping edge is upwardly sloping at least with respect to the bottom edge (see Fig. 1, the upwardly sloping edge slopes upward away from 30 to where they meet together) ; and the button having a top surface (see annotated figure 1) , wherein the button is at least partially disposed in the aperture (see Fig. 1) , wherein the button is depressed when a force is applied thereto (see progression from Fig. 5-10) , wherein the button raises when at least a portion of the force applied to the button is released (see Fig. 11) , wherein the second upwardly sloping edge is parallel with the top surface of the button (see annotated figure 1) . Re. Cl. 4, Kraeling discloses: a tag having a top strip (see 23, Fig. 4) , wherein the top strip of the tag is disposed in the aperture (see Fig. 4-10) . Re. Cl. 5, Kraeling discloses: the top strip of the tag is disposed between the button and the second upwardly sloping edge of the aperture in the middle portion of the payload release device (see Fig. 4-10) . Re. Cl. 6, Kraeling discloses: the tag further has a bottom portion, wherein the bottom portion of the tag is affixed to a payload (weight, Col. 4,Lines 29-31 and Lines 48-51) . Re. Cl. 8, Kraeling discloses: the button is spring-loaded (see 7, Fig. 1-3) . Re. Cl. 9, Kraeling discloses: A method for arming a payload release assembly (see Fig. 1-11) , comprising: providing a payload release device (see Fig. 1-3) i ncluding a button (5, Fig. 1) and a member (1-3, Fig. 1-2) having a top portion (see Fig. 1, where 21 attaches) , a bottom portion (see Fig. 1, where lower 18s connect) , and a middle portion (see Fig. 1, where 30 and 24 are located) ; the middle portion of the member having an aperture (see Fig. 1 between 30 and 24) , the aperture defining at least a bottom edge (30, Fig. 1) , a first upwardly sloping edge (see annotated figure 1) , and a second upwardly sloping edge (24, Fig. 1) , wherein each upwardly sloping edge is upwardly sloping at least with respect to the bottom edge (see Fig. 1, the upwardly sloping edge slopes upward away from 30 to where they meet together) ; the button having a top surface (see annotated figure 1) , wherein the button is at least partially disposed in the aperture (see Fig. 1) , wherein the button is depressed when force is applied thereto (see progression from Fig. 4-10) , wherein the button raises when at least a portion of the force applied to the button is released (see Fig. 11) , wherein the second upwardly sloping edge is parallel with the top surface of the button (see Fig. 1) ; inserting a top strip (23, Fig. 4) of a tag into an aperture defined in the payload release device (see Fig. 4) , wherein the tag is inserted into the aperture such that the tag is disposed between the top surface of the button and the second upwardly sloping edge (see Fig. 4-10) ; and affixing the tag to a payload such that force is applied to the button (weight, Col. 4,Lines 29-31 and Lines 48-51) . Re. Cl. 11, Kraeling discloses: lowering the payload on to a surface such that the force applied to the button is at least partially released (see Fig. 11) , wherein the top strip of the tag is ejected from the aperture when the button raises after the force applied to the button is at least partially released (see Fig. 11-12, ejected under the force of the spring 7) . Re. Cl. 12, Kraeling discloses: A payload release device (Fig. 1) , comprising: a member having a top portion (see portion attached to 21, Fig. 1) , a bottom portion (see Fig. 1, portion with lower 18s) , and a middle portion (see Fig. 1, portion with 30 and 24) ; the middle portion having an aperture (see Fig. 1, between 30 and 24) , the aperture defining at least a bottom edge (30, Fig. 1) , a first upwardly sloping edge (see annotated figure 1) , and a second upwardly sloping edge (24, Fig. 1) , wherein each upwardly sloping edge is upwardly sloping at least with respect to the bottom edge (see Fig. 1, the upwardly sloping edge slopes upward away from 30 to where they meet together) ; and a button having a top surface (see annotated figure 1) , wherein the button is at least partially disposed in the aperture (see Fig. 1) , wherein the button is depressed toward the first upwardly sloping edge when force is applied thereto (see Fig. 3-10) , wherein the button raises toward the second upwardly sloping edge when at least a portion of the force applied to the button is released (see Fig. 11) , wherein the second upwardly sloping edge is parallel with the top surface of the button (see Fig. 1) . Re. Cl. 13, Kraeling discloses: the middle portion further comprises at least one groove (see Fig. 2, space between 1 and 2 where 3 fits in) disposed along each of the first and second upwardly sloping edges (see Fig. 1-2) . Re. Cl. 15, Kraeling discloses: a tag having a top strip (23, Fig. 4-10) , wherein the top strip of the tag is at least partially disposed in the aperture of the middle portion (see Fig. 4-10) . Re. Cl. 16, Kraeling discloses: the tag further comprises a bottom portion, wherein the bottom portion of the tag is affixed to a payload (weight, Col. 4,Lines 29-31 and Lines 48-51) . Re. Cl. 17, Kraeling discloses: the button is spring-loaded (see 7, Fig. 1-3) . 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. 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. Claim s 7, 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kraeling in view of Prager US 10577105 (hereinafter Prager) . Re. Cls. 7, 10 and 14, Kraeling does not disclose the payload release device further comprises a tether attached to the top portion of the member, wherein the tether is at least partially disposed in the housing (Cl. 7), attaching the payload release device to an aerial vehicle (Cl. 10) or a tether attached to the top portion of the member (Cl. 14) . Prager discloses a payload release assembly ( 500, Fig. 10a ) which includes a payload release device ( 800, Fig. 10a ) and a tether attached to a top portion (502, Fig. 10a) , wherein the tether is at least partially disposed in the housing and attach es the payload release device to an aerial vehicle (UAV, Col. 23, Lines 39-45). 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 Kraeling device to be used with a tether and UAV as disclosed by Prager with reasonable expectation of success since Prager states that UAVs are used to deliver a payload to, or retrieve a payload from, an individual or business (Col. 1, Lines 31-35). Such a modification would enable companies or individuals to deliver payloads without hiring an individual. Allowable Subject Matter Claims 2-3 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stevenson US 2174911, Piercy US 4537434, and Johnson US 3341244 disclose other known payload supports presented to the Applicant for their consideration. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CHRISTOPHER E GARFT whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-1171 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8:00 a.m. to 5:00 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, FILLIN "SPE Name?" \* MERGEFORMAT Terrell McKinnon can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-4797 . 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 GARFT/ Primary Examiner, Art Unit 3632
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Prosecution Timeline

Dec 28, 2022
Application Filed
Mar 12, 2026
Non-Final Rejection — §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
59%
Grant Probability
82%
With Interview (+22.8%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1392 resolved cases by this examiner. Grant probability derived from career allow rate.

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