Prosecution Insights
Last updated: April 19, 2026
Application No. 18/193,320

UTENSILS AND METHODS OF USING THE SAME

Non-Final OA §102§103
Filed
Mar 30, 2023
Examiner
RODDEN, JOSHUA E
Art Unit
3642
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Karen Yolanda Snider
OA Round
1 (Non-Final)
58%
Grant Probability
Moderate
1-2
OA Rounds
2y 6m
To Grant
99%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
618 granted / 1063 resolved
+6.1% vs TC avg
Strong +52% interview lift
Without
With
+51.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
31 currently pending
Career history
1094
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
34.6%
-5.4% vs TC avg
§102
25.5%
-14.5% vs TC avg
§112
33.9%
-6.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1063 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 Claims 11 is objected to because of the following informalities: Claim 11, Line 2, replace “prong.” with “prong, respectively.” 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. (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. Claim(s) 1, 2, 5, 7, 15, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 481,986 (Waldron). Regarding Claims 1, 2, 5, 7, 15, and 18 , Waldron teaches: Claim 1 – a utensil, comprising: a handle (4) ; a connector (1) ; a first prong (6) attached to the handle (4) via the connector (1) ; and a second prong (17) attached to the handle (4) via the connector (1) ; wherein the first prong (6) and the second prong (17) exhibit a first configuration and a second configuration, the first prong (6) and the second prong (17) exhibiting a first maximum distance therebetween when the first prong (6) and the second prong (17) are in the first configuration and a second maximum distance therebetween when the first prong (6) and the second prong (17) are in the second configuration, the first maximum distance different than the second maximum distance , (Figures 1-6); Claim 2 - wherein the handle (4) is substantially linear , (Figures 1-6); Claim 5 - wherein the handle (4) includes a hand grip (4) disposed on a gripping section ( of the connector (1) ), (Figures 1-6); Claim 7 - wherein the connector (1) is distinct from the handle (4), (Figures 1-6); Claim 15 - wherein at least a portion of the first prong (6) and the second prong (17) exhibit a corresponding non-circular cross-sectional shape , (Figures 1-6); Claim 18 - the method comprising: switching the first prong (6) and the second prong (17) from the first configuration to the second configuration , (Figures 1-6). Claim(s) 1, 2, 5, 7, 8, 13 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 844,966 ( Smith ). Regarding Claims 1, 2, 5, 7, 8, 13 and 18 , Smith teaches: Claim 1 – a utensil, comprising: a handle (1) ; a connector (6) ; a first prong (5) attached to the handle (1) via the connector (6) ; and a second prong (5) attached to the handle (1) via the connector (6) ; wherein the first prong (5) and the second prong (5) exhibit a first configuration and a second configuration, the first prong (5) and the second prong (5) exhibiting a first maximum distance therebetween when the first prong (5) and the second prong (5) are in the first configuration and a second maximum distance therebetween when the first prong (5) and the second prong (5) are in the second configuration, the first maximum distance different than the second maximum distance , (Figures 1-3); Claim 2 - wherein the handle (1) is substantially linear , (Figures 1-3); Claim 5 - wherein the handle (1) includes a hand grip (1) disposed on a gripping section ( of the connector ( 6 ) ), (Figures 1-3); Claim 7 - wherein the connector (6) is distinct from the handle (1), (Figures 1-3); Claim 8 – wherein the first prong (5) and the second prong (5) each include a lateral section (4) extending from the connector (6) and a longitudinal section ( along (5) ) extending from the lateral section (4), (Figures 1-3); Claim 13 - wherein the connector (6) includes a first end and a second end, the first prong (5) extending from the first end and the second prong (5) extending from the second end , (Figures 1-3); Claim 18 - the method comprising: switching the first prong ( 5 ) and the second prong ( 5 ) from the first configuration to the second configuration, (Figures 1- 3 ). Claim(s) 1, 15 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 2,542,621 ( Bober ) . Regarding Claims 1, 15 and 16 , Bober teaches: Claim 1 – a utensil, comprising: a handle (30) ; a connector (23) ; a first prong (33a) attached to the handle (30) via the connector (23) ; and a second prong (33b) attached to the handle (30) via the connector (23) ; wherein the first prong (33a) and the second prong (33b) exhibit a first configuration and a second configuration, the first prong (33a) and the second prong (33b) exhibiting a first maximum distance therebetween when the first prong (33a) and the second prong (33b) are in the first configuration and a second maximum distance therebetween when the first prong (33a) and the second prong (33b) are in the second configuration, the first maximum distance different than the second maximum distance, (Figures 1-6); Claim 15 - wherein at least a portion of the first prong (33a) and the second prong (33b) exhibit a corresponding non-circular cross-sectional shape , (Figures 1-6); Claim 16 - wherein the connector (23) includes a friction enhancing element ( bottom of (25) as seen in Figure 3 ) defining at least a portion of passageways configured to receive the first prong (33a) and the second prong (33b), (Figures 1-6) . Claim(s) 1, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 895,334 (Brooks) . Regarding Claims 1, 8 and 9 , Brooks teaches: Claim 1 – a utensil, comprising: a handle (9) ; a connector (14) ; a first prong (6) attached to the handle (9) via the connector (14) ; and a second prong (6) attached to the handle (9) via the connector (14) ; wherein the first prong (6) and the second prong (6) exhibit a first configuration and a second configuration, the first prong (6) and the second prong (6) exhibiting a first maximum distance therebetween when the first prong (6) and the second prong (6) are in the first configuration and a second maximum distance therebetween when the first prong ( 6 ) and the second prong ( 6 ) are in the second configuration, the first maximum distance different than the second maximum distance, (Figures 1 and 2 ); Claim 8 – wherein the first prong (6) and the second prong (6) each include a lateral section (AA) extending from the connector (14) and a longitudinal section (BB) extending from the lateral section (AA), (Figures 1 and 2 and Annotated Figure 2 Below); Claim 9 - wherein the first prong (6) and the second prong (6) each include a catch (CC) extending from the longitudinal section (BB), (Figures 1 and 2 and Annotated Figure 2 Below) . Claim(s) 1, 3, 4, 10 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,962,918 (Yang) . Regarding Claims 1, 3, 4, 10 and 17 , Yang teaches: Claim 1 – a utensil, comprising: a handle ( 543 ) ; a connector ( 501/521/541 ) ; a first prong ( 510 ) attached to the handle ( 543 ) via the connector ( 501/521/541 ) ; and a second prong ( 524 ) attached to the handle ( 543 ) via the connector ( 501/521/541 ) ; wherein the first prong ( 510 ) and the second prong ( 524 ) exhibit a first configuration and a second configuration, the first prong ( 510 ) and the second prong ( 524 ) exhibiting a first maximum distance therebetween when the first prong ( 510 ) and the second prong ( 524 ) are in the first configuration and a second maximum distance therebetween when the first prong ( 510 ) and the second prong ( 524 ) are in the second configuration, the first maximum distance different than the second maximum distance, (Figures 5-5C ); Claim 3 – wherein the handle (543) includes section (AA/BB) and a gripping section (CC) extending from the section (AA/BB) , the section (AA/BB) positioned closer to the connector (501/521/541) than the gripping section (CC) , the gripping section (CC) extending at a non-parallel angle relative to the section (AA/BB), ( Figures 5-5C and Annotated Figure 5 Below ); Claim 4 - wherein the handle (543) includes a first section extending from the connector (AA) , a second section (BB) extending from the first section, and a gripping section (CC) extending from the second section (BB), ( Figures 5-5C and Annotated Figure 5 Below ); Claim 10 - wherein the first prong (510) and the second prong (524) are each threadedly attached to the connector ( 501/521/541 ) , and wherein the first prong (510) and the second prong (524) switch from the first configuration to the second configuration by rotating at least one of the first prong (510) or the second prong (524) relative to the connector (501/521/541) , ( Figures 5-5C and Annotated Figure 5 Below ) ; Claim 17 - a hook (CC) extending from the handle (543) , ( Figures 5-5C and Annotated Figure 5 Below). Claim(s) 1, 18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2017/0055768 (Brown) . Regarding Claims 1, 18 and 20 , Brown teaches: Claim 1 – a utensil, comprising: a handle (110) ; a connector (120) ; a first prong (1000) attached to the handle (110) via the connector (120) ; and a second prong (1000) attached to the handle (110) via the connector (120) ; wherein the first prong (1000) and the second prong (1000) exhibit a first configuration and a second configuration, the first prong (1000) and the second prong (1000) exhibiting a first maximum distance therebetween when the first prong (1000) and the second prong (1000) are in the first configuration and a second maximum distance therebetween when the first prong ( 1000 ) and the second prong ( 1000 ) are in the second configuration, the first maximum distance different than the second maximum distance, (Figure 1-26 ); Claim 18 - the method comprising: switching the first prong ( 1000 ) and the second prong ( 1000 ) from the first configuration to the second configuration, (Figures 1- 26 ) ; Claim 20 – positioning the first pro n g (1000) and the second prong (1000) through holes of basket (400) wherein the basket is disposed over a heat source, (Figures 1-26). 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) 6 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2017/0055768 (Brown) in view of U.S. Patent Application Publication No. 2007/0079709 (Giblin et al.) . Reg arding Claim 6 , Brown teaches the utensil as described above, but does not teach: wherein the connector is integrally formed with the handle ( Claim 6 ). However, Giblin et al. teaches: Claim 6 – a utensil, wherein a connector (10) is integrally formed with a handle (12), (Figure 1). Therefore, it would have been obvious to one of ordinary skill in the art to modify the utensil of Brown to have wherein the connector is integrally formed with the handle ( Claim 6 ) as taught by Giblin et al. for the purposes of having the utensil being a handle that is easy to find and manufacture. Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,962,918 (Yang) in view of U.S. Patent No. 4,823,636 ( Suska ) . Reg arding Claim 11 , Yang teaches the utensil as described above, but does not teach: two nuts threadedly attached to the first prong and the second prong ( Claim 11 ). However, Suska teaches: Claim 11 – a threaded prong (17) which also has a nut (19) threadedly attached to the prong (17), (Figure 1). Therefore, it would have been obvious to one of ordinary skill in the art to modify the utensil of Yang to have two nuts threadedly attached to the first prong and the second prong ( Claim 11 ) as taught by Suska for the purposes of providing a means for each of the first and second prongs to hold their position more securely with the use of a nut. Allowable Subject Matter Claim s 12 , 14, and 19 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Josh Rodden whose telephone number is (303) 297-4258 . The examiner can normally be reached on M-F, 8-5 MST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached on (571) 27 2 - 1467 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSHUA E RODDEN/ Primary Examiner, Art Unit 3642
Read full office action

Prosecution Timeline

Mar 30, 2023
Application Filed
Feb 20, 2026
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
58%
Grant Probability
99%
With Interview (+51.5%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1063 resolved cases by this examiner. Grant probability derived from career allow rate.

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