Prosecution Insights
Last updated: August 06, 2026
Application No. 18/385,138

Amusement Activity Station

Final Rejection §103
Filed
Oct 30, 2023
Examiner
BERRY, SAMANTHA MARIE
Art Unit
3711
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Epr Excavate LLC
OA Round
2 (Final)
50%
Grant Probability
Moderate
3-4
OA Rounds
3m
Est. Remaining
50%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allowance Rate
1 granted / 2 resolved
-20.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
31 currently pending
Career history
28
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
52.0%
+12.0% vs TC avg
§102
14.7%
-25.3% vs TC avg
§112
26.7%
-13.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 2 resolved cases

Office Action

§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 The amendments filed June 2, 2026 have been entered. Claims 1-20 remain pending in the application. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-3, 5-13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Roll in view of US 20050220597 (hereinafter “Burkett”). Regarding claim 1, Roll discloses a station that has an object mover apparatus (Fig. 1, 10) comprising a pedestal portion (Fig. 1, 15), a movable boom apparatus (Fig. 1, 57), and an operator extension (Fig. 1, 55), the pedestal portion extending in a pedestal plane and being anchored to at least one support surface (Fig. 1, 11), the movable boom apparatus extending away from the pedestal plane on a first side thereof and comprising a pedestal interface (Fig. 2, 45) and object mover arrangement (Fig. 1, 60), the pedestal interface being adjacent the pedestal plane and the object mover arrangement being positioned in spaced relation relative to the pedestal plane, the pedestal interface being anchored to the pedestal portion (Fig. 1, 52); and an operator station (Abstract), the operator extension extending into the operator station in spaced relation relative to the object mover apparatus and supporting a control station (Fig. 1, 67) for controlling the movable boom apparatus and object mover arrangement, the object mover arrangement being operably configured to selectively move at least one object at the first side within an object movement space via the control station, the movable boom apparatus being pivotal about at least one horizontal pivot axis (Col. 2, lines 54-57) and at least one vertical pivot axis (Col. 3, lines 46-48) for vertically and horizontally moving within the object movement space on the first side of the pedestal plane via the control station (Col. 2, lines 62-64), the user, via the control station at the operator station, thereby being enabled to move machine-movable objects within the object movement space. Roll does not disclose that the movable boom apparatus is pivotable about the at least one vertical pivot axis relative to the control station. However, Burkett discloses a similar crane apparatus with a control station (Fig. 2, 50) adjacent to a separate pivot axis of the crane (Fig. 2, 62). Thus, this is a known boom/crane apparatus configuration and would be obvious to a person of ordinary skill in the art at the time of filing. Additionally, one would be motivated to have the control station separate from the boom pivot point to provide a better vantage point/viewing field for the operator. Regarding claim 2, modified Roll further discloses that the object mover arrangement is characterized by a pincher mechanism (Roll: Fig. 1, 60 and Col. 2, lines 59-61), the pincher mechanism being configured to selectively pinch and release at least one object at the first side within the object movement space. Regarding claim 3, modified Roll further discloses that the pincher mechanism (Roll: Fig. 1, 60) is operably configured to pinch and release the at least one object via a pincher hydraulic mechanism (Col. 2, lines 59-61). Regarding claim 5, modified Roll further discloses that the pedestal portion comprises an upright member (Roll: Figs. 1 and 2, 46), the pedestal interface (Roll: Fig. 2, 45) comprising a lower attachment point and an upper attachment point, the lower and upper attachment points (Roll: Fig. 2, 40 and 52) being attached to the upright member. Regarding claim 6, modified Roll further discloses that the pedestal portion comprises a pair of laterally opposed stabilizer legs (Roll: Fig. 1, 24 and Col 2., lines 23-26) at the pedestal plane. While the legs are not directly attached to the upright member (Roll: Figs. 1 and 2, 46) of Roll, under broadest reasonable interpretation, the legs do project downward in relation to/away from the position of the upright member to a ground support surface. Thus, Roll reads on the claim limitation, as no structural connection is being claimed. Regarding claim 7, modified Roll further discloses that the pair of laterally opposed stabilizer legs extend obliquely (Roll: Fig. 1, 24) relative to the upright member. Regarding claim 8, modified Roll further discloses that the pair of laterally opposed stabilizer legs are each configured to pivot about a leg pivot axis of rotation (Roll: Col. 2, 26-29) for supporting the pedestal portion on opposite sides of the upright member at the ground support surface. Regarding claim 9, modified Roll further discloses that the upright member (Roll: Fig. 1, 46) is anchored to a raised pedestal support structure (Roll: Fig. 1, 11 – upright member is anchored through attachment with the pedestal portion attached to truck), the raised pedestal support structure extending upwardly from the ground support surface intermediate the stabilizer legs in spaced relation thereto. Regarding claim 10, modified Roll further discloses that the upright member is configured to pivot about a vertical pivot axis (Roll: Col. 2, lines 35-40) by way of a rotary actuator hydraulic mechanism supported by the raised pedestal support structure and controlled by the control station (Roll: Col. 2, lines 62-64). Regarding claim 11, Roll discloses a station that has an object mover apparatus (Fig. 1, 10) comprising a pedestal portion (Fig. 1, 15), a movable boom apparatus (Fig. 1, 57), and an operator extension (Fig. 1, 55), the pedestal portion being anchored to at least one support surface (Fig. 1, 11), the movable boom apparatus extending away from the pedestal portion in spaced relation relative to the operator extension and comprising an object mover arrangement (Fig. 1, 60) at a distal end thereof; and an operator station (Abstract), the operator extension extending into the operator station and supporting a control station (Fig. 1, 67) for controlling the movable boom apparatus and object mover arrangement, the object mover arrangement being operably configured to selectively move at least one object, the movable boom apparatus being movable in at least one of a horizontal and vertical direction (Col. 2, lines 54-57 and Col. 3, lines 46-48) within an object movement space via the control station, the user, via the control station at the operator station (Col. 2, lines 62-64), thereby being enabled to move machine-movable objects within the object movement space. Roll does not disclose that the movable boom apparatus is pivotable about the at least one vertical pivot axis relative to the control station. However, Burkett discloses a similar crane apparatus with a control station (Fig. 2, 50) adjacent to a separate pivot axis of the crane (Fig. 2, 62). Thus, this is a known boom/crane apparatus configuration and would be obvious to a person of ordinary skill in the art at the time of filing. Additionally, one would be motivated to have the control station separate from the boom pivot point to provide a better vantage point/viewing field for the operator. Regarding claim 12, modified Roll further discloses that the object mover arrangement is characterized by a pincher mechanism (Roll: Fig. 1, 60 and Col. 2, lines 59-61), the pincher mechanism being configured to selectively pinch and release at least one object at the first side within the object movement space. Regarding claim 13, modified Roll further discloses that the pincher mechanism (Roll: Fig. 1, 60) is operably configured to pinch and release the at least one object via a pincher hydraulic mechanism (Roll: Col. 2, lines 59-61). Regarding claim 15, modified Roll further discloses that the pedestal portion comprises at least two stabilizer legs (Roll: Fig. 1, 24 and Col 2., lines 23-26), the at least two stabilizer legs extending downwardly from the pedestal portion to a ground support surface. Regarding claim 16, modified Roll further discloses that the stabilizer legs (Roll: Fig. 1, 24) extend obliquely relative to the pedestal portion. Regarding claim 17, modified Roll further discloses that the stabilizer legs (Roll: Fig. 1, 24) are each configured to pivot about a leg pivot axis of rotation (Roll: Col. 2, 26-29) for supporting the pedestal portion on opposite sides of the pedestal portion at the ground support surface. Regarding claim 18, modified Roll further discloses that the pedestal portion (Roll: Fig. 1, 15) is anchored to a raised pedestal support structure (Roll: Fig. 1, 11), the raised pedestal support structure extending upwardly from the ground support surface intermediate the stabilizer legs in spaced relation thereto. Regarding claim 19, modified Roll further discloses that the upright member (Roll: Fig. 1, 46) of the pedestal portion is configured to pivot about a vertical pivot axis (Roll: Col. 2, lines 35-40) as supported by the raised pedestal support structure and controlled by the control station (Roll: Col. 2, lines 62-64). Regarding claim 20, modified Roll further discloses that the upright member (Roll: Fig. 1, 46) is configured to pivot about the vertical pivot axis by way of a rotary actuator hydraulic mechanism (Roll: Col. 2, lines 62-64). Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Rolls and Burkett as applied to claims 1 and 14 above, and further in view of Ekman. Regarding claims 4 and 14, modified Roll discloses all the limitations of claims 3 and 13 respectively, including a pincher mechanism (Roll: Fig. 1, 60). Roll is silent regarding it being rotatable about a pincher axis of rotation as enabled by a rotary actuator hydraulic mechanism. However, Ekman, in the analogous art of cranes, discloses a crane arm with a rotator (Fig. 1, 4) for manipulating a distal end of a crane about an axis (Fig. 1, A) that uses hydraulic lines (Abstract). Thus, it would be obvious to a person having ordinary skill in the art at the time of filing to introduce a rotatable component to the pincher mechanism to enable more maneuverability for picking up objects. Response to Arguments Applicant’s arguments with respect to claims 1, 4, 11, and 14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Applicant has amended to include the new limitation of “the movable boom apparatus being pivotable about the at least one vertical pivot axis relative to the control station”, which is disclosed by Burkett as discussed supra in the prior art rejection. 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 SAMANTHA M BERRY whose telephone number is (571)272-0925. The examiner can normally be reached M-F: 8-5. 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, Eugene Kim can be reached at (571) 272-4463. 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. /S.M.B./Examiner, Art Unit 3711 /EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711
Read full office action

Prosecution Timeline

Oct 30, 2023
Application Filed
Mar 04, 2026
Non-Final Rejection mailed — §103
Jun 02, 2026
Response Filed
Jul 21, 2026
Final Rejection mailed — §103 (current)

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
50%
Grant Probability
50%
With Interview (+0.0%)
3y 0m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 2 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

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

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month