Prosecution Insights
Last updated: April 17, 2026
Application No. 18/369,908

Kit of Parts and Apparatus for Covering a Manhole

Non-Final OA §102§103§112
Filed
Sep 19, 2023
Examiner
NGUYEN, CHI Q
Art Unit
3635
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
unknown
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
95%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
1666 granted / 2024 resolved
+30.3% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
39 currently pending
Career history
2063
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
24.1%
-15.9% vs TC avg
§102
29.5%
-10.5% vs TC avg
§112
32.1%
-7.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2024 resolved cases

Office Action

§102 §103 §112
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. This non-final Office action is in response to Applicant’s patent application number 18/369,908 filed on 9/19/2023. Currently, claims 1-18 are pending and examined. Information Disclosure Statement The information disclosure statement (IDS) submitted on 9/19/2023 is being considered by the examiner. Specification The abstract of the disclosure is objected to because the abstract should not have other texts, e.g. a title of the invention. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Applicant is advised to remove the title and paragraph number “[0054]”. Correction is required. The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use. Arrangement of the Specification As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading: (a) TITLE OF THE INVENTION. (b) CROSS-REFERENCE TO RELATED APPLICATIONS. (c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT. (d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. (e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM. (f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. (g) BACKGROUND OF THE INVENTION . (1) Field of the Invention. (2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98. (h) BRIEF SUMMARY OF THE INVENTION. ( i ) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S). (j) DETAILED DESCRIPTION OF THE INVENTION. (k) CLAIM OR CLAIMS (commencing on a separate sheet). (l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet). (m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system. Applicant is advised to rearrange “Description of the drawings” should be called as “Brief Description of the Drawing” after “Background of the invention”. Correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.— The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Re claim 1, line 3; a citation “the bottom” does not have a proper antecedent basis. Correction is required. Claims 2-9 depending upon the rejected claim 1 are also rejected. Claim 10, line 3; having the same issues as mentioned; therefore, claims 10-18 are rejected. Re claim s 1, 10, line 8; a citation “each of the one or more tabs” is confusing and indefinite because it’s unclear whether the same “each of the one or more tabs” cited in line 7? Clarification is required. Claims 2-9 and 11-18 depending upon the rejected claims 1 and 10 are also rejected. 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) 1- 4, 7, 10-13, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US No. 11,613,866 to Dzhidzhora et al. (‘ Dzhidzhora ’) . Re claim s 1 , 10 : Dzhidzhora discloses a kit of parts for covering a manhole, the kit of parts comprising: a manhole cover 24 defining one or more apertures 74 therethrough; a ring 22 defining, on the bottom thereof, one or more chambers 52 , the ring 22 further defining one or more apertures 44/46 therethrough wherein the ring 22 defines each of the one or more apertures 44/46 therethrough within each of one or more chambers 52 ; and one or more tabs 54 such that each of the one or more tabs 54 is housed within each of the one or more chambers 52 defined by the ring 22 , each of the one or more tabs 52 slidably engages with the ring 22 (Fig. 4) , each of the one or more tabs 52 defining, on an end thereof, a threaded aperture (i.e. wherein 50 points to) therethrough for engaging a threaded device 56 (Fig. 2B) and, on an end thereof, an indention (i.e. near by the thread aperture) for engaging a flat-headed tool. Re claim s 2 , 11 : further comprising one or more threaded devices 56 for passing through the one or more apertures 74 defined by the manhole cover 24 and through the one or more apertures 44/46 defined by the ring 22 and into the threaded aperture defined by the one or more tabs 54 , thereby securing the manhole cover 24 to the ring 22 . Re claim s 3 , 4 , 12, 13 : wherein the manhole cover 24 and the ring 22 are inherently comprised of composite material because the composite material is produced from two or more constituent materials or dissimilar chemical or physical properties and are merged to create a material . Re claim s 7 , 16 : wherein the ring 22 further defines one or more shoulders 50 such that the ring 22 defines each of the one or more shoulders 50 about each of the one or more chambers 52 , the ring 22 further defines one or more threaded apertures (near 46) about the one or more shoulders 50 . 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. Claim(s) 5, 6 , 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 11,613,866 to Dzhidzhora . Re claim s 5 , 6 , 14, 15 : Dzhidzhora discloses basic structures of the claimed invention as stated above and further discloses an expandable structure (i.e. wherein 48 points to and a finger 76 of a user expands for fitting the tab, Fig. 4) but does not disclose expressly further comprising expansion material attached to the one or more tabs that substantially expands or contracts in size based upon the temperature surrounding the expansion material and wherein the expansion material is ethylene vinyl acetate. However, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to have an expansion material ethylene vinyl attached to the tab in order to seal the chamber for more securement with the tab. Claim(s) 8, 9, 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US No. 11,613,866 to Dzhidzhora in view of US No. 8,156,773 to Olson et al. (‘Olson’) . Re claim s 8 , 9 , 17, 18 : Dzhidzhora discloses basic structures of the claimed invention as stated above but does not disclose expressly further comprising a plate, the plate defines one or more apertures therethrough ; one or more threaded devices such that each of the one or more threaded devices passes through the one or more apertures defined by the plate and is received into the one or more threaded apertures about the one or more shoulders defined by the ring, thereby securing the one or more plates to the ring so that the ring can house the one or more tabs. Olson discloses a manhole cover lock, including a plate 20, one or more apertures therethrough 19a-19b, one or more threaded devices 32/33 (see Fig. 3). In view of Olson, it would have been obvious to one with ordinary skill before the effective filing date of the claimed invention to add a plate with one or more aperture and threaded device as suggested by Olson in order to couple the tab into the chamber more securement. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see attached PTO-892). Contact Information Any inquiry concerning this communication or earlier communication from the examiner should be directed to CHI Q. NGUYEN whose telephone number is (571) 272- 6847 . The examiner can normally be reached on Monday-Friday from 7AM-5PM or email: chi.nguyen@uspto.gov . If attempt to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Brian Mattei can be reached at (571) 270-3238. 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://pairdirect.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866) 217-9197. /CHI Q NGUYEN/ Primary Examiner, Art Unit 3635
Read full office action

Prosecution Timeline

Sep 19, 2023
Application Filed
Mar 16, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601186
FLOOR PANEL AND METHODS FOR MANUFACTURING FLOOR PANELS
2y 5m to grant Granted Apr 14, 2026
Patent 12601175
TIMBER-CONCRETE COMPOSITE SLAB WITH NOTCHED PLYWOOD SHEAR CONNECTOR AND MANUFACTURING METHOD THEREOF
2y 5m to grant Granted Apr 14, 2026
Patent 12600275
SEAT ADJUSTMENT APPARATUS FOR VEHICLE
2y 5m to grant Granted Apr 14, 2026
Patent 12595664
WALL OR CEILING PANEL ASSEMBLY, A SET OF PANELS FOR FORMING SUCH ASSEMBLY AND A WALL OR CEILING OBTAINED THEREWITH
2y 5m to grant Granted Apr 07, 2026
Patent 12593919
SEAT STRUCTURE WITH ADJUSTABLE SENSE OF SITTING
2y 5m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
82%
Grant Probability
95%
With Interview (+12.3%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 2024 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in for Full Analysis

Enter your email to receive a magic link. No password needed.

Free tier: 3 strategy analyses per month