Prosecution Insights
Last updated: October 04, 2026
Application No. 18/237,389

KETTLE AND UNIBODY HANDLE WITH INTEGRATED SPOUT AND EXCHANGEABLE WHISTLE ELEMENT

Non-Final OA §102§103
Filed
Aug 23, 2023
Priority
Aug 23, 2022 — provisional 63/400,376
Examiner
MACHNESS, ARIELLA
Art Unit
1743
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Caraway Home Inc.
OA Round
2 (Non-Final)
62%
Grant Probability
Moderate
2-3
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
109 granted / 176 resolved
-3.1% vs TC avg
Strong +28% interview lift
Without
With
+28.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
40 currently pending
Career history
220
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
52.6%
+12.6% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 176 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 . Response to Amendment In view of the amendment filed 07/29/2026: Claims 1-19 are pending. 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1, 2, 5, 6, 7, 9, 10, 15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Inventor (JP S6362021U- Machine translation provided herein), and further in view of Chen (USD381239S), Nakamura (US3591060A), and Jo (KR 940004399Y1- Machine translation provided herein). Regarding claim 1, Inventor teaches a kettle (Figure 1) comprising: a body (kettle body 1; Figure 1) comprising a vent (“if handle 2 is grasped and kettle body 1 is leaned, it can pour out from tap 3”- see pg. 2); a lid (lid 4; Figure 1) reversibly connectable to the body (“forms lid 4 in the upper surface, enabling free attachment and detachment”- seep pg. 1); a spout (tap 3; Figure 1), wherein the spout entirely eclipses the vent (see tap 3 encloses vent in Figure 1); and a handle (handle 2; Figure 1) comprising: a distal end and a proximal end, each of the distal end and the proximal end disposed on the body (see annotated Figure 1 below), a lever (attachment arm 7; Figure 1) disposed at least partially within the handle (see part of attachment arm 7 in handle 2 in Figure 1), the lever comprising: at least one whistle (whistle body 5 with bore 6; Figure 1) disposed on a lever proximal end (see whistle body 5 at proximal end of attachment arm in annotated Figure 1 below), wherein the at least one whistle attaches to the lever (“5 is a whistle body -- the upper surface and the undersurface -- the sixth -- 6 is formed and it A whistle by passage of the steam which occurs within kettle body 1. Are fixed at the tip of attachment arm 7 so that it may sit down to the above-mentioned tap 3”- see pg. 1), wherein the at least one whistle is configured to be in at least one of a seated position and a raised position (see seated and raised position in Figure 2), a tab (installation object 13; Figure 2) disposed on a lever distal end (see installation object 13 disposed on attachment arm 7 end in Figure 2), wherein actuation of the tab causes the at least one interchangeable whistle to move from at least one of the seated position to the raised position (“installation object 13 is pulled up, attachment arm 7 is turned counterclockwise, and whistle body 5 is applied to tap 3”- see pg. 2). However, Inventor fails to teach the handle is a unibody comprising the spout such that the spout is disposed on the handle’s proximal end. In the same field of endeavor pertaining to a kettle, Chen teaches a unibody handle comprising the spout such that the spout is disposed on the handle’s proximal end (see Figures 1 through Figure 3). Further, in the same field of endeavor pertaining to a kettle Nakamura teaches a unibody handle increases manufacturing ease and reduces manufacturing costs (col 1 line 15-19 and line 23-25). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the handle and spout of Inventor be formed as a unibody handle, as taught by Chen, for the benefit of forming kettles with increased manufacturing ease and reduced manufacturing costs. However, Inventor fails to teach the at least one whistle is an at least one interchangeable whistle, and wherein the at least one interchangeable whistle reversibly attaches to the lever. In the same field of endeavor pertaining to a kettle, Jo teaches at least one whistle is an at least one interchangeable whistle, and wherein the at least one interchangeable whistle reversibly attaches to a container opening (“The opening 2 has a stepped jaw in which the lid 3 is easily seated as a part for putting in and collecting the contents. The cover 3 is seated in the opening 2 and is provided with an outlet 7 for discharging water vapor generated when the contents are heated in the container, and the outlet 7 may be equipped with a normal whistle to have an alarm function”- see pg. 2 and Figure 2). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the at least one whistle of Inventor modified with Nakamura and Chen be an interchangeable whistle reversibly attached to the lever, as Jo teaches an interchangeable whistle is reversibly attached to the container opening. If it were considered desirable for any reason to obtain access to or exchange the whistle (whether it is for cleaning, maintenance, etc…), it would be obvious to make the whistle removable for that purpose (see MPEP 2144.04 V.C.). PNG media_image1.png 552 748 media_image1.png Greyscale Regarding claim 2, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Further, Inventor teaches wherein the body further comprises: a baseplate; a brim; and a sidewall, having a sidewall top portion and a sidewall bottom portion, disposed between the brim and the baseplate (see annotated Figure 1 below). PNG media_image2.png 557 747 media_image2.png Greyscale Regarding claim 5, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Inventor teaches the kettle further comprising: a mount disposed atop the lid; and a partially hollow grip attached to the mount (see hollow portion of grip where screw goes into grip in annotated Figure 1 below). PNG media_image3.png 556 668 media_image3.png Greyscale Regarding claim 6, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 5. Further, Inventor teaches wherein the mount and the partially hollow grip are configured to threadably attach (see thread attaching mount and partially hollow grip in Figure 1). Regarding claim 7, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Further, Inventor teaches wherein the lid is comprised of a lid top piece and a lid bottom piece, wherein the lid top piece and the lid bottom piece form an air gap (air between top piece and bottom piece shown in annotated Figure 1 below). Inventor teaches the structural limitations of an air gap existing between the top and bottom lid piece such that the air gap would be capable of reducing heat transfer between the lid bottom piece and the lid top piece. PNG media_image4.png 536 711 media_image4.png Greyscale Regarding claim 9, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Inventor teaches the kettle further comprising a bridge disposed between the distal end and the proximal end (see handle 2 disposed between distal end and proximal end in Figure 1). Regarding claim 10, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Inventor teaches the kettle further comprising a gap (drill window hole 9; Figure 1) disposed at the proximal end, wherein the lever is configured to be received by the gap (“attachment attaches the above-mentioned eccentric cam 8 pivotally with axis 12 so that drill window hole 9 in the tap 3 side of handle 2, and four copies of 10 is formed in the inner side Regarding claim 15, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. While Inventor teaches the lever accepts the whistle (see whistle body 5 received by attachment arm 7 in Figure 2), Inventor fails to explicitly teach a receiver aperture is disposed at the lever proximal end, wherein the receiver aperture is configured to accept the at least one interchangeable whistle. Jo teaches a receiver aperture (opening 2; Figure 2) is disposed on a container (container 1; Figure 12), wherein the receiver aperture is configured to accept the at least one interchangeable whistle (“The cover 3 is seated in the opening 2 and is provided with an outlet 7 for discharging water vapor generated when the contents are heated in the container, and the outlet 7 may be equipped with a normal whistle to have an alarm function”- see pg. 2). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the lever of Inventor modified with Chen, Nakamura, and Jo to accept the interchangeable whistle by a receiver aperture disposed at the lever proximal end, as Jo teaches an interchangeable whistle is accepted in a receiver aperture. If it were considered desirable for any reason to obtain access to or exchange the whistle (whether it is for cleaning, maintenance, etc…), it would be obvious to make the whistle removable for that purpose (see MPEP 2144.04 V.C.). Regarding claim 17, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Further, Inventor teaches wherein the at least one interchangeable whistle further comprises a whistle bore (see bore 6 in Figure 2), wherein the whistle bore is hollow and is adapted to induce an auditory tone (“steam -- the sixth -- if 6 is passed, A whistle will be made and it will tell boil”- see pg. 2). Regarding claim 18, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 17. Further, Inventor teaches wherein the at least one interchangeable whistle further comprises a whistle top opening, having a top opening diameter, and a whistle bottom opening, having a bottom opening diameter (see annotated Figure 2 below). PNG media_image5.png 784 798 media_image5.png Greyscale Regarding claim 19, Inventor modified with Chen, Nakamura, and Jo teaches the kettle of claim 18. Further, Inventor teaches wherein the top opening diameter and the bottom opening diameter are not equal (see annotated Figure 2 in the rejection of claim 18 above). Claim(s) 1-5, 7-13, 15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Naden (US20070119878), and further in view of Chen (USD381239S), Nakamura (US3591060A), and Jo (KR 940004399Y1-Machine translation provided herein). Regarding claim 1, Naden teaches a kettle (kettle 10; Figure 1) comprising: a body (vessel 11; Figure 1) comprising a vent (circular spout hole 26; Figure 4); a lid (cover 20; Figure 1) reversibly connected to the body ([0020] The top opening 18 is closed by a cover 20); a spout (cylindrical spout 25; Figure 2) disposed on the proximal end ([0022] The handle 40 also has a front end 44, which fits over a mounting bracket 45 disposed at the junction between the spout 25 and the side wall 12; see spout 25 disposed on front end 44 in Figure 2), wherein the spout entirely eclipses the vent ([0021] A cylindrical spout 25 is integral with the side wall 12 around the periphery of a circular spout hole 26 (FIG. 4)); and a handle (handle 40; Figure 1) comprising: a distal end (rear end 41; Figure 1) and a proximal end (front end 44; Figure 1), each of the distal end and the proximal end disposed on the body ([0022] The handle 40 has a rear end 41, which fits over a mounting bracket 42 on the side wall 12 diametrically opposite the spout 25, being fixed to that bracket by a fastener 43. The handle 40 also has a front end 44, which fits over a mounting bracket 45 disposed at the junction between the spout 25 and the side wall 12), a lever (lever arm 32; Figure 4) disposed at least partially within the handle (see distal end of lever arm with pivot pin 35 disposed within handle 40), the lever comprising: at least one whistle (whistle opening 31; Figure 4) disposed on a lever proximal end ([0022] The spout 25 is provided with a closure 30 in the nature of a spout lid, which may be provided with a whistle opening 31. The closure 30 has an elongated lever arm 32, which projects rearwardly of the spout), wherein the at least one whistle is configured to be in at least one of a seated position (see Figure 4) and a raised position (see Figure 5), a tab (bias finger 34; Figure 4) disposed on a lever distal end ([0022] The closure 30 has an elongated lever arm 32, which projects rearwardly of the spout and is provided at its distal end with a pair of teeth 33 (FIG. 4) and with a depending bias finger 34), wherein actuation of the tab causes the at least one whistle to move from at least one of the seated position to the raised position ([0025] In operation, when the spout closure 30 is disposed in its normal closed position, illustrated in FIGS. 1-4, closing the open end 27 of the spout 25, the engagement of the teeth 33 with the teeth 59 holds the lever arm 55 pivoted in a clockwise direction, as viewed in FIG. 4, so that the lower surface 52 of the trigger button 51 projects downwardly below the underside of the handle 40. The distal end 63 of the leaf spring 61 bears against the bias finger 34 for urging it and the lever arm 32 toward rotation in a counter-clockwise direction about the axis of the pivot pin 35). However, Naden fails to teach the handle is a unibody comprising the spout such that the spout is disposed on the handle’s proximal end. In the same field of endeavor pertaining to a kettle, Chen teaches a unibody handle comprising the spout such that the spout is disposed on the handle’s proximal end (see Figures 1 through Figure 3). Further, in the same field of endeavor pertaining to a kettle Nakamura teaches a unibody handle increases manufacturing ease and reduces manufacturing costs (col 1 line 15-19 and line 23-25). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the handle and spout of Naden be formed as a unibody handle, as taught by Chen, for the benefit of forming kettles with increased manufacturing ease and reduced manufacturing costs. However, Naden fails to teach the at least one whistle is an at least one interchangeable whistle, and wherein the at least one interchangeable whistle reversibly attaches to the lever. In the same field of endeavor pertaining to a kettle, Jo teaches at least one whistle is an at least one interchangeable whistle, and wherein the at least one interchangeable whistle reversibly attaches to a container opening (“The opening 2 has a stepped jaw in which the lid 3 is easily seated as a part for putting in and collecting the contents. The cover 3 is seated in the opening 2 and is provided with an outlet 7 for discharging water vapor generated when the contents are heated in the container, and the outlet 7 may be equipped with a normal whistle to have an alarm function”- see pg. 2 and Figure 2). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the at least one whistle of Naden modified with Nakamura and Chen be an interchangeable whistle reversibly attached to the lever, as Jo teaches an interchangeable whistle is reversibly attached to the container opening. If it were considered desirable for any reason to obtain access to or exchange the whistle (whether it is for cleaning, maintenance, etc…), it would be obvious to make the whistle removable for that purpose (see MPEP 2144.04 V.C.). Regarding claim 2, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Naden teaches the body further comprises: a baseplate (circular bottom wall 13; Figure 4); a brim ([0020] circular top opening 18, which is defined by an inturned cylindrical lip 19 of the side wall 12); and a sidewall (side wall 12; Figure 4), having a sidewall top portion ([0020] The side wall 12 is provided centrally of its upper end with a large circular top opening 18, which is defined by an inturned cylindrical lip 19 of the side wall) and a sidewall bottom portion, disposed between the brim and the baseplate ([0019] vessel 11 having a generally dome-shaped side wall 12 closed at the lower end thereof by circular bottom wall 13 for cooperation to define a fluid reservoir). Regarding claim 3, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 2. Further, Naden teaches wherein the sidewall bottom portion is of a greater thickness than the sidewall top portion (sidewall bottom portion includes peripheral lip or channel 16 which will increase the overall thickness in comparison to dome- shaped side wall 12; see additional thickness from 16 in Figure 2). Naden teaches the structural limitations of the greater thickness of the sidewall bottom portion such that the differences in thickness would be capable of inducing convection heating of a kettle contents. Regarding claim 4, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 2. Further, Naden teaches wherein the baseplate further comprises: a bevel surrounding a perimeter of the baseplate ([0019] the bottom wall 13 has an upwardly and outwardly inclined peripheral shoulder 14, integral at its upper end with a laterally outwardly extending raised portion 15, at the distal edge of which is formed a peripheral lip or channel 16; see bevel shape of lip 16 and outwardly inclined peripheral shoulder 14 in Figure 2 and Figure 4). Regarding claim 5, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Naden teaches the kettle further comprising: a mount (cylindrical skirt 23; Figure 4) disposed atop the lid ([0020] The top opening 18 is closed by a cover 20, which includes a concave wall 21 provided at its periphery with a recurved bead 22 integral with a depending cylindrical skirt 23, which fits snuggly inside the cylindrical lip 19, with the bead 22 resting on the side wall 12 around the periphery of the opening 18); and a partially hollow grip attached to the mount (arch-type handle 24; Figure 4). Regarding claim 7, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Further, Naden teaches wherein the lid is comprised of a lid top piece (arch-type handle 24; Figure 4) and a lid bottom piece, wherein the lid top piece and the lid bottom piece (concave wall 21l Figure 4) form an air gap (see air gap between 21 and 24 in Figure 1). Naden teaches the structural limitations of an air gap existing between the top and bottom lid piece such that the air gap would be capable of reducing heat transfer between the lid bottom piece and the lid top piece. Regarding claim 8, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Further, Naden teaches wherein the distal end and the proximal end are partially recessed within the body (see Figure 1). Regarding claim 9, Naden modified with Chen, Nakamura, and Jo teaches the of claim 1. Naden teaches the kettle further comprising a bridge disposed between the distal end and the proximal end (see portion of handle between rear end 41 and front end 44 in Figure 4). Regarding claim 10, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Naden teaches the kettle further comprising a gap (channel 48 Figure 1) disposed at the proximal end (see channel 48 at front end 44 in Figure 1), wherein the lever is configured to be received by the gap (see lever arm 32 of closure 30 disposed in channel 48 in Figure 1). Regarding claim 11, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 10. Naden teaches the kettle further comprising pivot pin 35 which goes through handle proximal end and pivotally mounts the lever arm 32 ([0022] The lever arm 32 is pivotally mounted adjacent to its distal end by a pivot pin 35 to a handle 40). Therefore, an indexing hole would be required at the proximal end of the handle to insert pivot pin 35. Regarding claim 12, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 11. Further, Naden teaches the kettle further comprising a lever pivot pin (pivot pin 35; Figure 4) disposed upon the lever. Therefore, a lever pivot hole would be required upon the lever to insert pivot pin 35. Regarding claim 13, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 12. Naden teaches the kettle further comprising a fastening pin configured to be inserted through both the indexing hole and the lever pivot hole to attach the lever to the unibody handle ([0022] The lever arm 32 is pivotally mounted adjacent to its distal end by a pivot pin 35 to a handle 40, which spans the top opening 18). Regarding claim 15, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. While Naden teaches the lever accepts the whistle (see whistle opening 31 at the end of lever arm 32 in Figure 4), Naden fails to explicitly teach a receiver aperture is disposed at the lever proximal end, wherein the receiver aperture is configured to accept the at least one interchangeable whistle. Jo teaches a receiver aperture (opening 2; Figure 2) is disposed on a container (container 1; Figure 12), wherein the receiver aperture is configured to accept the at least one interchangeable whistle (“The cover 3 is seated in the opening 2 and is provided with an outlet 7 for discharging water vapor generated when the contents are heated in the container, and the outlet 7 may be equipped with a normal whistle to have an alarm function”- see pg. 2). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the lever of Naden modified with Chen, Nakamura, and Jo to accept the interchangeable whistle by a receiver aperture disposed at the lever proximal end, as Jo teaches an interchangeable whistle is accepted in a receiver aperture. If it were considered desirable for any reason to obtain access to or exchange the whistle (whether it is for cleaning, maintenance, etc…), it would be obvious to make the whistle removable for that purpose (see MPEP 2144.04 V.C.). Regarding claim 17, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 1. Further, Naden teaches wherein the at least one whistle further comprises a whistle bore (see annotated Figure 4 on pg. 9 of the Office Action mailed 04/29/2026), wherein the whistle bore is hollow and is adapted to induce an auditory tone ([0022] The spout 25 is provided with a closure 30 in the nature of a spout lid, which may be provided with a whistle opening 31). Regarding claim 18, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 17. Further, Naden teaches wherein the at least one interchangeable whistle further comprises a whistle top opening (whistle opening 31; Figure 1 and Figure 4), having a top opening diameter, and a whistle bottom opening, having a bottom opening diameter (see annotated Figure 4 below). PNG media_image6.png 674 732 media_image6.png Greyscale Regarding claim 19, Naden modified with Chen, Nakamura, and Jo teaches the kettle of claim 18. Further, Naden teaches wherein the top opening diameter and the bottom opening diameter are not equal (see annotated Figure 4 in the rejection of claim 18 above). Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Naden (US20070119878), Chen (USD381239S), Nakamura (US3591060A), and Jo (KR940004399Y1- Machine translation provided herein), and further in view of Lebowitz (US20070215651). Regarding claim 16, Naden modified with Chen, Nakamura, and Jo kettle of claim 15. However, Naden fails to teach wherein the receiver aperture and the at least one interchangeable whistle threadably engage. In the same field of endeavor pertaining to a kettle, Lebowitz teaches at least one interchangeable whistle threadably engages with a receiver aperture ([0013] the disk-shaped portion 76 of the cap serves as a housing for a whistle 86, as is known in the art. The whistle is secured with the cap by screw 88 and makes a pleasing sound when steam travels through openings 92 and 94). It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have the receiver aperture and the at least one interchangeable whistle of Naden modified with Chen, Nakamura, and Jo threadably engage, as taught by Lebowitz, to achieve the predictable result of connecting the receiver aperture and the at least one interchangeable whistle. There would have been a reasonable expectation of success, since the rejection of claim 1 established the receiver aperture and the at least one interchangeable whistle of Naden modified with Chen, Nakamura, and Jo are engaged, and Lebowitz demonstrates a receiver aperture and interchangeable whistle are engaged by threading. Allowable Subject Matter Claim 14 is 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. The following is an examiner’s statement of reasons for allowance: The closest prior art is Naden (US20070119878), Chen (USD381239S), Nakamura (US3591060A), and Jo (KR940004399Y1- Machine translation provided herein). Regarding claim 14, Naden modified with Chen, Nakamura, and Jo teach the kettle of claim 12. Further, Naden teaches wherein the lever comprises a link traversing the lever pivot hole and a receiver aperture disposed at the lever proximal end (lever arm 32 between pivot pin 40 and whistle opening 31 held by closure 30 as shown in Figure 4). The rejection of claim 1 established that it would have been obvious to one of ordinary skill for the receiver aperture to be configured to accept the at least one interchangeable whistle. However, Naden fails to teach wherein, in the seated position, the link sits flush with the handle. Rather, the link extends outward from the handle. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Response to Arguments Applicant’s arguments, see Remarks, filed 07/29/2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Inventor (JP S6362021U- Machine translation provided herein), Naden (US20070119878), Chen (USD381239S), Nakamura (US3591060A), and Jo (KR940004399Y1- Machine translation provided herein). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARIELLA MACHNESS whose telephone number is (408)918-7587. The examiner can normally be reached Monday - Friday, 6:30-2:30 PT. 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, Galen Hauth can be reached at 571-270-5516. 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. /ARIELLA MACHNESS/Examiner, Art Unit 1743
Read full office action

Prosecution Timeline

Aug 23, 2023
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §102, §103
Jul 29, 2026
Response Filed
Sep 11, 2026
Non-Final Rejection mailed — §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

2-3
Expected OA Rounds
62%
Grant Probability
90%
With Interview (+28.5%)
2y 11m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 176 resolved cases by this examiner. Grant probability derived from career allowance rate.

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