Prosecution Insights
Last updated: April 19, 2026
Application No. 18/351,122

RETAINING WALL BLOCK SYSTEM

Final Rejection §102§103
Filed
Jul 12, 2023
Examiner
GLESSNER, BRIAN E
Art Unit
3633
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Keystone Retaining Wall Systems LLC
OA Round
2 (Final)
32%
Grant Probability
At Risk
3-4
OA Rounds
3y 3m
To Grant
59%
With Interview

Examiner Intelligence

Grants only 32% of cases
32%
Career Allow Rate
43 granted / 136 resolved
-20.4% vs TC avg
Strong +27% interview lift
Without
With
+27.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
42 currently pending
Career history
178
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
46.6%
+6.6% vs TC avg
§102
21.1%
-18.9% vs TC avg
§112
23.9%
-16.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 136 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 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. Claim(s) 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Karau et al. (US2020/0182473). For claim 1, Karau et al. discloses a masonry block (fig. 3, 100a), comprising: a front face; a rear face disposed opposite the front face; a first side face disposed between the front face and the rear face; a second side face disposed between the front face and the rear face and opposite the first side face; a top face disposed adjacent to the front face, the rear face, the first side face and the second side face; a bottom face disposed opposite to the top face and adjacent to the front face, the rear face, the first side face and the second side face; and wherein the top face includes a slot (122) extending from the first side face to a point between the first side face and the second side face, the slot extending along the first side face and including a first sub slot (123) extending orthogonal to the slot in the top face. For claim 2, Karau et al. further comprising one or more pin-receiving apertures [0037]. For claim 3, Karau et al. discloses one or more pin-receiving apertures disposed in the slot and one or more pin-receiving apertures disposed in the first sub slot [0037]. For claim 4, Karau et al. discloses a second sub slot extending orthogonal to the slot in the top face (fig. 3, 100a). For claim 5, Karau et al. discloses one or more pin-receiving apertures disposed in the slot, one or more pin-receiving apertures disposed in the first sub slot and one or more pin-receiving apertures disposed in the second sub slot [0037]. For claim 6, Karau et al. discloses a second sub slot extending orthogonal to the slot in the top face and parallel to the first sub slot. For claim 7, Karau et al. discloses one or more pin-receiving apertures disposed in the slot, one or more pin-receiving apertures disposed in the first sub slot and one or more pin-receiving apertures disposed in the second sub slot. For claim 8, Karau et al. discloses a core (116a) disposed in the masonry block. 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) 9-19 are rejected under 35 U.S.C. 103 as being unpatentable over Karau et al. (US2020/0182473) in view of MacDonald (US Patent No. 6,149,352). For claim 9, Karau et al. discloses a wall, comprising: a first masonry block (fig. 3, 100a) having a front face, a rear face disposed opposite the front face, a first side face disposed between the front face and the rear face, a second side face disposed between the front face and the rear face and opposite the first side face, a top face disposed adjacent to the front face, the rear face, the first side face and the second side face, a bottom face disposed opposite to the top face and adjacent to the front face, the rear face, the first side face and the second side face and wherein the top face includes a slot extending from the first side face to a point between the first side face and the second side face, the slot extending between the top face and the bottom face including a first sub slot extending orthogonal to the slot in the top face; a second masonry block disposed on top of the first masonry block and having a core (see rejection of claim 1). Karau et al. does not explicitly disclose a pin disposed in the slot and extending into the core. MacDonald discloses a wall (fig. 5A-B) comprising a first masonry block (74) having a top face that has slot and a second masonry block (75) disposed on top of the first masonry block and having a core, and a pin (80) disposed in the slot and extending into the core. It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to dispose a pin in the slot of Karau et al. as made obvious by MacDonald to provide a vertical alignment means and increase the rigidity of the wall. For claim 10, the combination further comprising one or more pin-receiving apertures in the first masonry block (Karau et al. [0037]). For claim 11, the combination discloses one or more pin-receiving apertures disposed in the slot and one or more pin-receiving apertures disposed in the first sub slot (Karau et al. [0037]). For claim 12, the combination discloses a second sub slot extending orthogonal to the slot in the top face (Karau et al. fig. 3, 100a). For claim 13, Karau et al. discloses one or more pin-receiving apertures disposed in the slot, one or more pin-receiving apertures disposed in the first sub slot and one or more pin-receiving apertures disposed in the second sub slot (Karau et al. [0037]). For claim 14, the combination discloses a second sub slot extending orthogonal to the slot in the top face and parallel to the first sub slot (Karau et al. [0037]). For claim 15, the combination discloses one or more pin-receiving apertures disposed in the slot, one or more pin-receiving apertures disposed in the first sub slot and one or more pin-receiving apertures disposed in the second sub slot (Karau et al. [0037]). For claim 16, the combination discloses a core (Karau et al. 116a) disposed in the first masonry block. For claim 17, Karau et al. discloses a method of manufacturing a wall (figs. 1-2), comprising: providing a first block having a front face (fig. 3, 100a), a rear face disposed opposite the front face, a first side face having a length disposed between the front face and the rear face, a second side face disposed between the front face and the rear face and opposite the first side face, a top face disposed adjacent to the front face, the rear face, the first side face and the second side face, a bottom face disposed opposite to the top face and adjacent to the front face, the rear face, the first side face and the second side face and wherein the top face includes a slot (122) extending from the first side face to a point between the first side face and the second side face, the slot extending along the length of the first side face and including a first sub slot extending orthogonal to the slot in the top face. Karau et al. does not disclose placing a pin in the first block and aligning a core of a second block over the pin. MacDonald discloses a wall (fig. 5A-B) comprising a first masonry block (74) having a top face that has slot and a second masonry block (75) disposed on top of the first masonry block and having a core, and placing a pin (80) in the first block and aligning a core of a second block over the pin. It would have been obvious to one having ordinary skill in the art before the effective filing date of the application to place a pin in the first block of Karau et al. and align a core of a second block over the pin as made obvious by MacDonald to provide a vertical alignment means and increase the rigidity of the wall. For claim 18, the combination discloses that the pin is placed in pin-receiving aperture. For claim 19, the combination discloses that the pin will be placed in a pin-receiving aperture disposed in the slot (Karau et al. [0037]). Response to Arguments In response to the arguments that the block of Karau et al. does not disclose a slot extending along the first side face, the examiner argues that block (fig. 3, 106a) has a slot 122 that extends along first side face 110. The slot does not completely extend through the first side face, but it definitely does extend partially along the first side face 110. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOSHUA K IHEZIE whose telephone number is (571)270-5347. The examiner can normally be reached M-F 9-5pm. 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, Brian Glessner can be reached at 571-272-6754. 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. /JOSHUA K IHEZIE/Primary Examiner, Art Unit 3633
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Prosecution Timeline

Jul 12, 2023
Application Filed
Sep 04, 2025
Non-Final Rejection — §102, §103
Dec 08, 2025
Response Filed
Dec 26, 2025
Final Rejection — §102, §103
Apr 01, 2026
Interview Requested
Apr 13, 2026
Examiner Interview Summary
Apr 13, 2026
Applicant Interview (Telephonic)

Precedent Cases

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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
32%
Grant Probability
59%
With Interview (+27.3%)
3y 3m
Median Time to Grant
Moderate
PTA Risk
Based on 136 resolved cases by this examiner. Grant probability derived from career allow rate.

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