Prosecution Insights
Last updated: April 19, 2026
Application No. 18/182,740

AUTONOMOUS UNDERWATER VEHICLE AND SYSTEM FOR RECOVERING SUCH AN UNDERWATER VEHICLE

Final Rejection §103
Filed
Mar 13, 2023
Examiner
OLSON, LARS A
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Exail Robotics
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 1m
To Grant
96%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
1555 granted / 1896 resolved
+30.0% vs TC avg
Moderate +14% lift
Without
With
+14.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
34 currently pending
Career history
1930
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
37.7%
-2.3% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
23.2%
-16.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1896 resolved cases

Office Action

§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 . An amendment was filed by the applicant on January 23, 2026. Claims 16-19 have been added. 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. Claims 1-2, 4-8 and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Frejaville et al. (US 9,032,894) in view of Liu et al. (CN 109353455A). Frejaville et al. discloses an autonomous underwater vehicle (AUV), as shown in Figures 1-5, which is comprised of a vehicle, defined as Part #1, with a main body, defined as Part #3, having a back or aft end, defined as Part #3a, a front or forward end, defined as Part #3b, and an outer surface, defined as Part #3c, a sonar detection unit, defined as Part #6, for guiding said vehicle toward a lifting cable, defined as Part #2, and a front or forward gripper or pincer member with first and second grippers or pincers, defined as Parts #9a-b, that are disposed on opposites sides of a longitudinal centerline of said vehicle, as shown in Figure 2, and are configured to move between an open position, as shown in Figure 2, and a closed position, as shown in Figure 1. Said sonar detection unit is configured to send signals to an electronic control unit, which is not shown, in order to direct and guide said vehicle and said pair of grippers or pincers into engagement with said cable, as described in lines 35-41 of column 4, so that a recovery device on a surface craft, which is also not shown, can lift said vehicle by means of said cable. Frejaville et al., as set forth above, discloses all of the features claimed except for the use of a back or aft gripper or pincer member with first and second grippers or pincers on an aft end of said vehicle for engaging with a second cable of a recovery device. Liu et al. discloses an automatic launching and retrieval device and method for underwater carriers, as shown in Figures 1-8, which is comprised of an underwater carrier or vehicle, defined as Part #6, with a hull having a forward end and an aft end, and a hook or pincer member with first and second hooks or pincers, defined as Parts #25 and 26, that are disposed toward said aft end of said underwater carrier or vehicle, as shown in Figure 4. A mother ship, defined as Part #1, is fitted with a lifting crane, defined as Part #4, that is configured with a control unit and a pair of winding drums or winches, defined as Parts #21 and 22, to raise or lower a pair of lifting cables, defined as Parts #17 and 18, each with a retaining means, defined as Parts #19 and 20. Said underwater carrier or vehicle is configured to be guided automatically to said pair of lifting cables until they are brought into engagement with said back or aft hook or pincer member with first and second hooks or pincers that are disposed on either side of a longitudinal centerline of said underwater carrier or vehicle, as shown in Figure 1. Therefore, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize an underwater vehicle with a pair of hook or pincer members that are disposed at an aft end of said vehicle for engagement with a pair of lifting cables of a launching and retrieval device, as taught by Liu et al., in combination with the underwater vehicle as disclosed by Frejaville et al. for the purpose of providing an AUV and a recovery method with first and second pairs of hooks, grippers or pincers for engagement with a pair of lifting cables and retaining means of a launching and retrieval device in order to solve the problem of said AUV rotating and colliding with a mother ship during a lifting process due to wind and wave motion. Allowable Subject Matter Claims 16-19 are allowed. Claims 3, 9 and 14-15 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. Response to Arguments Applicant's arguments filed on January 23, 2026 have been fully considered but they are not persuasive. The applicant argues that it would not be obvious to utilize an underwater vehicle with a pair of aft hooks or grippers for engagement with first and second aft cables, as taught by Liu et al. (CN 109353455A), in combination with the autonomous underwater vehicle with a pair of forward grippers or pincers for engagement with a forward lifting cable as disclosed by Frejaville et al. (US 9,032,894). In response to the applicant’s argument, Frejaville et al. discloses an autonomous underwater vehicle (AUV)(1) with a main body (3) having an aft end (3a), a forward end (3b), and an outer surface (3c), a sonar detection unit (6) for guiding said AUV (1) toward a lifting cable (2), and a front or forward gripper or pincer member with first and second grippers or pincers (9a-b) that are disposed on opposites sides of a longitudinal centerline of said vehicle and are configured to move between an open position and a closed position. Said sonar detection unit is configured to direct and guide said AUV (1) and said pair of forward grippers or pincers (9a-b) into engagement with said lifting cable (2) so that a recovery device on a surface craft can lift said AUV (1) by means of said lifting cable (2). However, Frejaville et al. does not disclose the use of aft grippers or pincer members for engagement with an aft lifting cable. As a result, the examiner has relied upon the teachings of Liu et al. to demonstrate that the use of an underwater vehicle (6) with a hull having a forward end and an aft end, and a hook or pincer member with first and second hooks or pincers (25, 26) that are disposed toward said aft end of said underwater vehicle (6) is known in the art for engagement with one or more aft lifting cables (17, 18). Thus, it would have been obvious before the effective filing date of the claimed invention to one of ordinary skill in the art, to utilize an underwater vehicle with forward and aft grippers or pincer members for engagement with forward and aft lifting cables in order to solve the problem of said underwater vehicle rotating and colliding with a mother ship during a lifting process due to wind and wave motion. Therefore, for the reasons given above, the rejection of claims 1-2, 4-8 and 10-13 is deemed proper and is not withdrawn. 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 LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm. 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, MARC JIMENEZ can be reached at 571-272-4530. 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. February 9, 2026 /LARS A OLSON/Primary Examiner, Art Unit 3615B
Read full office action

Prosecution Timeline

Mar 13, 2023
Application Filed
Oct 20, 2025
Non-Final Rejection — §103
Jan 23, 2026
Response Filed
Feb 09, 2026
Final Rejection — §103
Apr 07, 2026
Interview Requested
Apr 14, 2026
Applicant Interview (Telephonic)
Apr 14, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600444
METHOD FOR CONTROLLING THE TRIM OF A TRANSPORT SHIP WITHOUT SEAWATER BALLAST
2y 5m to grant Granted Apr 14, 2026
Patent 12600441
THRUSTER CONDUIT ASSEMBLIES
2y 5m to grant Granted Apr 14, 2026
Patent 12589835
BUOYANCY SUPPLEMENT
2y 5m to grant Granted Mar 31, 2026
Patent 12583559
Watercraft Portage Apparatus and Method of Use
2y 5m to grant Granted Mar 24, 2026
Patent 12583556
SELF-DRAINING SCUPPER
2y 5m to grant Granted Mar 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
96%
With Interview (+14.2%)
2y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 1896 resolved cases by this examiner. Grant probability derived from career allow rate.

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