Prosecution Insights
Last updated: April 19, 2026
Application No. 18/388,491

REMOTE ELECTRONIC SHOCK ADJUSTER

Non-Final OA §102
Filed
Nov 09, 2023
Examiner
HURLEY, KEVIN
Art Unit
3611
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Fox Factory Inc.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
97%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
969 granted / 1126 resolved
+34.1% vs TC avg
Moderate +11% lift
Without
With
+11.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
19 currently pending
Career history
1145
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
16.5%
-23.5% vs TC avg
§102
51.4%
+11.4% vs TC avg
§112
28.4%
-11.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1126 resolved cases

Office Action

§102
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 . Election/Restrictions Applicant’s election without traverse of the invention of Group II, claims 9-17 in the reply filed on 10 February 2026 is acknowledged. Claims 1-8 and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10 February 2026. Drawings The drawings are objected to because Figs. 1, 3-7 fail to comply with 37 CFR 1.84(m) as they contain solid black shading. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 9-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hedlund et al. US 2021/0362806. Hedlund et al. discloses a suspension system comprising: at least one front shock assembly 140; at least one rear shock assembly 146 comprising an electronic valve (see paragraph [0083]), wherein said electronic valve is configured to adjust a stiffness of said at least one rear shock assembly; and a user interface 180 communicatively coupled with said electronic valve, said user interface configured to provide a signal to said electronic valve to increase a firmness of said at least one rear shock assembly or return said at least one rear shock assembly to a pre-increased firmness configuration; wherein said user interface is located remote from said at least one rear shock assembly, wherein said user interface is wirelessly coupled with said at least one rear shock assembly or connected via a wired connection (see paragraph [0085] “electronic controller 100 is a distributed system comprised of multiple controllers each of which control one or more systems of snowmobile 10 and may communicate with each other over one or more wired and/or wireless networks”); wherein said control valve is a two-state valve; wherein said control valve adjusts said stiffness of said at least one rear shock assembly to a firmest compression setting; wherein said control valve adjusts said stiffness of said at least one rear shock assembly to a lockout compression setting (see paragraph [0100] the “rough trail mode”). Claims 9-10, 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Graus et al. US 11,479,075. Graus et al. discloses a suspension system comprising: at least one front shock assembly 220; at least one rear shock assembly 226 comprising an electronic valve (see col. 7 lines 16-21) wherein said electronic valve is configured to adjust a stiffness of said at least one rear shock assembly; and a user interface 122 communicatively coupled with said electronic valve, said user interface configured to provide a signal to said electronic valve to increase a firmness of said at least one rear shock assembly or return said at least one rear shock assembly to a pre-increased firmness configuration; wherein said user interface is located remote from said at least one rear shock assembly; wherein said user interface is coupled with said at least one rear shock assembly via a wired connection; wherein said control valve is a two-state valve; wherein said control valve adjusts said stiffness of said at least one rear shock assembly to a firmest compression setting; wherein said control valve adjusts said stiffness of said at least one rear shock assembly to a lockout compression setting (see col. 8 lines 39-44 which incorporates by reference US Patent Application serial number 15/377640 {see US 2017/0087950} which teaches a lockout of the shock absorber in paragraph [0081] ); further comprising a plurality of rear shock assemblies 226, wherein at least two of said plurality of rear shock assemblies comprise: said electronic valve, wherein said electronic valve is configured to adjust said stiffness of said at least two rear shock assemblies, wherein said user interface is communicatively coupled with each of said at least two of said plurality of rear shock assemblies. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Hurley whose telephone number is (571)272-6646. The examiner can normally be reached Monday-Thursday 9 am-5:30 pm Kevin.Hurley@USPTO.GOV. 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, Valentin Neacsu can be reached at 571-272-6265. 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. /KEVIN HURLEY/ Primary Examiner Art Unit 3611 March 20, 2026
Read full office action

Prosecution Timeline

Nov 09, 2023
Application Filed
Mar 20, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600181
WEIGHT DISTRIBUTING TRAILER HITCH
2y 5m to grant Granted Apr 14, 2026
Patent 12595018
CART/TRAILER
2y 5m to grant Granted Apr 07, 2026
Patent 12589823
KICK SCOOTER PERFORMANCE ENHANCEMENT
2y 5m to grant Granted Mar 31, 2026
Patent 12589621
HIGH ARTICULATION TOWING RECEIVER
2y 5m to grant Granted Mar 31, 2026
Patent 12589832
SEAT ATTACHMENT FOR ELECTRIC RECREATIONAL VEHICLE
2y 5m to grant Granted Mar 31, 2026
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
86%
Grant Probability
97%
With Interview (+11.2%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1126 resolved cases by this examiner. Grant probability derived from career allow rate.

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