Prosecution Insights
Last updated: April 17, 2026
Application No. 18/418,582

FENCE KIT

Non-Final OA §103
Filed
Jan 22, 2024
Examiner
FERGUSON, MICHAEL P
Art Unit
3619
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
unknown
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allow Rate
793 granted / 1253 resolved
+11.3% vs TC avg
Strong +74% interview lift
Without
With
+74.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
48 currently pending
Career history
1301
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
28.5%
-11.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1253 resolved cases

Office Action

§103
DETAILED ACTION Claim Objections Claims 7 and 8 are objected to because of the following informalities: In claim 7 (line 1) “wherein the” should recite –wherein a--. In claim 8 (line 1) “wherein the” should recite –wherein each--. In claim 8 (lines 5-6) recites “pipe and the lower mounting pipe” should recite –pipes and the lower mounting pipes--. For the purpose of examining the application, it is assumed that appropriate correction has been made. 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. Claims 1, 2 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 12,312,828) in view of Pomerantz (US 9,587,660). As to claim 1, Wang discloses a fence kit, is characterized by including at least two fence panels 3 and a corner base assembly 1,2, two adjacent fence panels being rotatably connected to each other, and the corner base assembly being arranged between the two adjacent fence panels (Figures 1-4). Wang fails to disclose a fence kit wherein the corner base assembly includes a corner support, an upper surface of the corner support is provided with at least two mounting grooves, the mounting grooves are connected at one end and open at the other end, the mounting grooves match the shape of the bottom of the fence panels, and the two adjacent fence panels are respectively inserted into any two mounting grooves. Pomerantz teaches a fence kit wherein a corner base assembly includes a corner support 400, an upper surface of the corner support is provided with at least two mounting grooves A (Figure 4B reprinted below with annotations), the mounting grooves are connected at one end and open at the other end, the mounting grooves match the shape of the bottom of fence panels 202, and two adjacent fence panels are respectively inserted into any two mounting grooves; the mounting grooves of the corner support securely retaining adjacent fence panels at a desired fixed angle, providing for a more rigid fence enclosure (Figures 1A-4C). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence kit disclosed by Wang to comprise a corner support comprising mounting grooves, as taught by Pomerantz, in order to securely retain adjacent fence panels at a desired fixed angle, providing for a more rigid fence enclosure. [AltContent: arrow][AltContent: textbox (A)] PNG media_image1.png 207 229 media_image1.png Greyscale As to claim 2, Wang as modified by Pomerantz discloses a fence kit wherein the corner base assembly includes a reinforcing member 2 connected to the corner support (400 Pomerantz Figure 4A) and configured to fix the corner support to the ground (Figures 1-4). As to claim 8, Wang discloses a fence kit wherein each fence panel 3 is provided with an upper mounting pipe A on one side and a lower mounting pipe B on the other side (Figure 1 reprinted below with annotations), the upper mounting pipe of one fence panel is centrally aligned with the lower mounting pipe of the adjacent other fence panel, and a rotary shaft rod 2 capable of passing through the upper mounting pipes and the lower mounting pipes is provided between the two adjacent fence panels so as to enable a rotary connection between the two adjacent fence panels (Figures 1-4). [AltContent: textbox (B)][AltContent: arrow][AltContent: textbox (A)][AltContent: arrow] PNG media_image2.png 400 208 media_image2.png Greyscale Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Pomerantz, as applied to claim 8 above, and further in view of Schneider (US 9,212,680). As to claim 9, Wang fails to disclose a fence kit wherein the upper mounting pipe and the lower mounting pipe are both internally provided with a sleeve member, a top of the sleeve member is provided with a positioning ring capable of being clamped at an upper end of the upper mounting pipe or the lower mounting pipe, a bottom of the sleeve member is provided with a snap capable of being clamped at a lower end of the upper mounting pipe or the lower mounting pipe, and the rotary shaft rod is inserted inside the sleeve member. Schneider teaches a sleeve member 46, a top of the sleeve member is provided with a positioning ring 58 capable of being clamped at an upper end of an upper or lower mounting arm, a bottom of the sleeve member is provided with a snap 62 capable of being clamped at a lower end of the mounting arm, and the rotary shaft rod 54,56 is inserted inside the sleeve member; the sleeve member providing for smoother rotation of the rotary shaft rod within the mounting arm (Figures 2-5). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence kit disclosed by Wang to comprise a sleeve member, as taught by Schneider, within each upper and lower mounting pipe, in order to provide for smoother rotations of the rotary shaft rod within the mounting pipes. Allowable Subject Matter Claims 7 and 10 are 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: As to claim 7, Wang in view of Pomerantz discloses the claimed fence kit with the exception of wherein a middle portion of the corner support is provided with an insertion hole, an edge of the insertion hole is provided with a notch, the reinforcing member includes a suction cup, a top of the suction cup is provided with a plug post capable of passing through the insertion hole from bottom to top, and a top of the plug post is provided with a second clamping protrusion capable of passing through the notch when the plug post passes through the insertion hole. As to claim 10, Wang in view of Pomerantz discloses the claimed fence kit with the exception of wherein the door lock includes a housing, the housing being provided with two locking blocks capable of sliding relative thereto, an elastic member being capable of pushing the two locking blocks in a direction away from each other, is provided between the locking blocks and the housing, the locking blocks are provided with handles protruding outwards for human operation, and the locking blocks are further provided with stop blocks capable of stopping the movement of the locking rods when the two locking blocks move away from each other. There is no teaching or suggestion, absent the applicant’s own disclosure, for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the fence kit disclosed by Wang in view of Pomerantz to have the above mentioned elemental features. Furthermore, such modifications would not be obvious. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST). 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, Anna Momper can be reached at (571)270-5788. 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. 02/20/26 /MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
Read full office action

Prosecution Timeline

Jan 22, 2024
Application Filed
Feb 20, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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PANEL FOR A RACKABLE BARRIER
2y 5m to grant Granted Apr 14, 2026
Patent 12595819
HINGE SYSTEM WITH ADJUSTABLE RESISTANCE
2y 5m to grant Granted Apr 07, 2026
Patent 12584328
MODULAR FENCE ASSEMBLY
2y 5m to grant Granted Mar 24, 2026
Patent 12577980
FLOATING JOINT AND ULTRASONIC VIBRATION JOINING APPARATUS
2y 5m to grant Granted Mar 17, 2026
Patent 12577978
IMPROVED HINGE ASSEMBLY
2y 5m to grant Granted Mar 17, 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
63%
Grant Probability
99%
With Interview (+74.1%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1253 resolved cases by this examiner. Grant probability derived from career allow rate.

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