Prosecution Insights
Last updated: April 19, 2026
Application No. 18/253,552

ROBOTIC APPARATUSES, SYSTEMS, AND METHODS FOR MOVING OBJECTS

Non-Final OA §102§103
Filed
Dec 19, 2023
Examiner
MCCLAIN, GERALD
Art Unit
3652
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
The Rubic Technologies Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
89%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
575 granted / 773 resolved
+22.4% vs TC avg
Moderate +15% lift
Without
With
+14.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
42 currently pending
Career history
815
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
36.9%
-3.1% vs TC avg
§102
34.7%
-5.3% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 773 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. The amendment filed 11 March 2026 has been entered. Election/Restrictions Applicant's election with traverse of Group 1 in the reply filed on 11 March 2026 is acknowledged. The traversal is on the ground(s) that: This is not found persuasive because of the following. Re. section 3, restriction was required under PCT Rule 13.1. This rule requires evidence a priori that the special technical feature lacks novelty or inventive step to form the basis of the evidentiary requirement for the lack of unity of invention. Re. section 2, the three groups represent different aspects of the disclosed invention, not obvious variants of a common inventive concept. Re. section 1, since there were identified structures in common, that is sufficient for identification of common features. There is no per se rule regarding the maximum or minimum of the common features. It is further noted that the restriction requirement was similar to the one in PCT/CA2021/051632; however, the number of groups in the current application (three groups) is fewer than in the PCT (seven groups). The PCT action has the following restriction requirement. The requirement is still deemed proper and is therefore made FINAL. Claim s 199-205 and 212-217 withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 11 March 2026 . Specification The abstract of the disclosure does not commence on a separate sheet in accordance with 37 CFR 1.52(b)(4) and 1.72(b). A new abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text . Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “ Disclosed herein ,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. Claim Objections Claim 192 is in line 4, objected to because of the following informalities: “ a extendible arm retracted configuration ” should be - - a n extendible arm retracted configuration - -. Appropriate correction is required. See also Claim 193 with “ a extendible arm extension axis”. Claim Rejections - 35 USC § 102 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 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. Claim(s) 192- 194 , 197 , and 206-207 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Galan et al. (US 5211523) (“Galan”) . Claim 192: a base (21) ; an object manipulator (23) , comprising: an extendible arm (42) , extendible from a extendible arm retracted configuration to a first extendible arm extended configuration, and also extendible from the extendible arm retracted configuration to a second extendible arm extended configuration (col. 2, lines 59-65) ; an end effector (56) that is coupled to the extendible arm (FIG. 4) ; wherein: the end effector is configured for grasping an object (clamp/grasp) , such that a grasped object is established; and the extendible arm is extendible and retractable for displacing he grasped object relative to the base; in transitioning from the extendible arm retracted configuration to the first extendible arm extended configuration, the extendible arm is extended in a first direction; and in transitioning from the extendible arm retracted configuration to the second extendible arm extended configuration, the extendible arm is extended in a second direction that is opposite the first direction (FIG. 4; col. 2, lines 59-65); Claim 193 : wherein: the extension of the extendible arm, in the first direction, for transitioning from the extendible arm retracted configuration to the first extendible arm extended configuration, is along a extendible arm extension axis; the extension of the extendible arm, in the second direction, for transitioning from the extendible arm retracted configuration to the second extendible arm extended configuration, is also along the extension axis (FIG. 4; col. 2, lines 59-65); Claim 194 : wherein: the extension of the extendible arm, from the extendible arm retracted configuration to the first extendible arm extended configuration, is a lateral extension of the extendible arm in the first direction, relative to the base; and the extension of the extendible arm, from the extendible arm retracted configuration to the second extendible arm extended configuration, is a lateral extension of the extendible arm in the second direction, relative to the base (FIG. 4; col. 2, lines 59-65); Claim 197 : wherein: the extendible arm is a telescoping arm; the telescoping arm is configurable in a first telescoping arm extended configuration and a second telescoping arm extended configuration; in the first telescoping arm extended configuration, the telescoping arm is extended, in the first direction, along a telescoping arm axis; in the second telescoping arm extended configuration, the telescoping arm is extended, in the second direction, along the telescoping arm axis (different positions as implied by FIG. 4); Claim 206: a base (21) ; an object manipulator, comprising: an extendible arm (42) configured for extension and retraction (col. 2, lines 59-65) ; an end effector (56) configured for grasping an object (clamp/grasp) ; wherein: the end effector is coupled to the extendible arm such that: the end effector is displaceable laterally, relative to the base, in response to extension or retraction of the extendible arm (col. 2, lines 59-65) ; and the end effector is displaceable laterally, relative to the extendible arm (FIG. 4; col. 2, lines 59-65); Claim 207 : wherein: the end effector is displaceable laterally, relative to the extendible arm, in a first direction, and also in a second direction that is opposite the first direction (FIG. 4; col. 2, lines 59-65); Claim(s) 206-211 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yamada (US 2015/0259141 ) . Claim 206: a base ( 44/etc. ); an object manipulator, comprising: an extendible arm ( 120X/130X ) configured for extension and retraction ( Fig. 5 ); an end effector ( 110X/111X ) configured for grasping an object (clamp/grasp); wherein: the end effector is coupled to the extendible arm such that: the end effector is displaceable laterally, relative to the base, in response to extension or retraction of the extendible arm ( Fig. 5 ); and the end effector is displaceable laterally, relative to the extendible arm ( Fig. 5 ); Claim 207: wherein: the end effector is displaceable laterally, relative to the extendible arm, in a first direction, and also in a second direction that is opposite the first direction (Fig. 5(a)/5(b)) ; Claim 208 : wherein: the extendible arm is a telescoping arm; the telescoping arm comprising a plurality of arm segments ( 120X/130X ) , the plurality of arm segments defining a terminal arm segment ( 120X ) ; and the end effector is coupled to the terminal arm segment, such that: the coupling of the end effector to the telescoping arm is effected by the coupling of the end effector to the terminal arm segment; and the end effector is displaceable laterally, relative to the terminal arm segment (Fig. 5); Claim 209 : wherein: the telescoping arm is extendible and retractable along an extension axis; the end effector is displaceable laterally, relative to the telescoping arm, along the extension axis (Fig. 5); Claim 210 : wherein: the telescoping arm is extendible from a retracted configuration to a first extended configuration, and also extendible from the retracted configuration to a second extended configuration; wherein: in transitioning from the retracted configuration to the first extended configuration, the telescoping arm is extended in a first direction; in transitioning from the retracted configuration to the second extended configuration, the telescoping arm is extended in a second direction that is opposite the first direction; the end effector is displaceable laterally, relative to the telescoping arm, while the telescoping arm is disposed in the retracted configuration (multiple configurations between Fig. 5(a)-5(c) ; coming out of the retracted configuration, the end effector is displace able laterally, relative to the telescoping arm; it is not necessarily claimed that the end effector moves laterally when the telescoping arm is stationary ); Claim 211 : wherein: the end effector is displaceable laterally, relative to the telescoping arm, while the telescoping arm is disposed in the first extended configuration; and the end effector is displaceable laterally, relative to the telescoping arm, while the telescoping arm is disposed in the second extended configuration (multiple configurations between Fig. 5(a)-5(c); coming out of the first extended configuration, the end effector is displace able laterally, relative to the telescoping arm; it is not necessarily claimed that the end effector moves laterally when the telescoping arm is stationary) . 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. Claim (s) 195 and 198 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galan in view of Zheng et al. (US 2019/0352092) (“Zheng”) . Galan discloses all the limitations of the claims as discussed above. Galan does not directly show: Claim 195: a platform configured to support the object, the platform displaceable laterally, relative to the base, from a platform retracted configuration to a first platform extended configuration, and also displaceable laterally from the platform retracted configuration to a second platform extended configuration; wherein: in transitioning from the platform retracted configuration to the first platform extended configuration, the platform is displaced in a first direction; and in transitioning from the platform retracted configuration to the second platform extended configuration, the platform is displaced in a second direction that is opposite the first direction; Claim 198: wherein: the displacement of the platform, in the first direction, for transitioning from the platform retracted configuration to the first platform extended configuration, is along a platform extension axis; the extension of the platform, in the second direction, for transitioning from the platform retracted configuration to the second platform extended configuration, is also along the platform extension axis; and the telescoping arm extension axis is parallel to the platform extension axis. Zheng shows a similar device having: Claim 195: a platform (130) configured to support the object, the platform displaceable laterally, relative to the base, from a platform retracted configuration to a first platform extended configuration, and also displaceable laterally from the platform retracted configuration to a second platform extended configuration; wherein: in transitioning from the platform retracted configuration to the first platform extended configuration, the platform is displaced in a first direction; and in transitioning from the platform retracted configuration to the second platform extended configuration, the platform is displaced in a second direction that is opposite the first direction (para. [0038] -[ 0039]); Claim 198: wherein: the displacement of the platform, in the first direction, for transitioning from the platform retracted configuration to the first platform extended configuration, is along a platform extension axis; the extension of the platform, in the second direction, for transitioning from the platform retracted configuration to the second platform extended configuration, is also along the platform extension axis; and the telescoping arm extension axis is parallel to the platform extension axis (para. [0038] -[ 0039]); with a reasonable expectation of success for the purpose of providing a robot that is agile, efficient and error-tolerant to handle inventory that has shifted positions (para. [0004] -[ 0005]) . Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Galan as taught by Zheng and include Zheng’s similar device having: Claim 195: a platform configured to support the object, the platform displaceable laterally, relative to the base, from a platform retracted configuration to a first platform extended configuration, and also displaceable laterally from the platform retracted configuration to a second platform extended configuration; wherein: in transitioning from the platform retracted configuration to the first platform extended configuration, the platform is displaced in a first direction; and in transitioning from the platform retracted configuration to the second platform extended configuration, the platform is displaced in a second direction that is opposite the first direction; Claim 198: wherein: the displacement of the platform, in the first direction, for transitioning from the platform retracted configuration to the first platform extended configuration, is along a platform extension axis; the extension of the platform, in the second direction, for transitioning from the platform retracted configuration to the second platform extended configuration, is also along the platform extension axis; and the telescoping arm extension axis is parallel to the platform extension axis; with a reasonable expectation of success for the purpose of providing a robot that is agile, efficient and error-tolerant to handle inventory that has shifted positions . Allowable Subject Matter Claim 196 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 a statement of reasons for the indication of allowable subject matter: the prior art does not show wherein the lateral displacement of the expandible arm is independent of the lateral displacement of the platform in combination with the intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2018 / 0057283 discloses telescoping arm 320. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Gerald McClain whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-7803 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)) . 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 Saul Rodriguez can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-7097 . 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. /Gerald McClain/ Primary Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Dec 19, 2023
Application Filed
Mar 25, 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
74%
Grant Probability
89%
With Interview (+14.8%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 773 resolved cases by this examiner. Grant probability derived from career allow rate.

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