Prosecution Insights
Last updated: April 19, 2026
Application No. 18/518,010

INFLATABLE POOL HAVING THERMAL INSULATION STRUCTURE

Non-Final OA §102§103§112
Filed
Nov 22, 2023
Examiner
WALCZAK, DAVID J
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BESTWAY INFLATABLES & MATERIAL CORP.
OA Round
2 (Non-Final)
74%
Grant Probability
Favorable
2-3
OA Rounds
2y 5m
To Grant
92%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
1284 granted / 1734 resolved
+4.0% vs TC avg
Strong +18% interview lift
Without
With
+17.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
26 currently pending
Career history
1760
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
34.8%
-5.2% vs TC avg
§102
29.5%
-10.5% vs TC avg
§112
30.5%
-9.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1734 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 . Claim Objections Claim 1 is objected to because of the following informalities: In regard to claim 1, on lines 9-10, “the circumferential direction” should be “a circumferential direction” since the circumferential direction was not previously defined. Appropriate 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 applicant regards as his invention. Claim 6 is 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. In regard to claim 6, an antecedent basis for “the thermal insulation pad” (see line 4) has not been defined. It appears claim 6 should depend from claim 2 (as opposed to claim 1) since claim 2 first defines the “thermal insulation pad”. 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. Claims 1-3, 6 and 8-10 are rejected under pre-AIA 35 U.S.C. 102(g) as being anticipated by Huang et al. (US 2021/0108431, as cited by the Applicant, hereinafter Huang). In regard to claim 1, the Huang reference discloses an inflatable pool comprising: an upper wall (at 106, see Figure 1A); a lower wall 108; an outer wall 104 connected to the upper wall and lower wall; an inner wall 102 connected to the upper wall and the lower wall and defining a water cavity together with the lower wall; an inflatable chamber defined by the upper wall, the lower wall, the outer wall and the inner wall; and a plurality of tensioning members 162 arranged at intervals within the inflatable chamber in the circumferential direction of the inflatable chamber; and thermal insulation structure 136 disposed within the inflatable chamber (see paragraph 0031, lines 9-17). In regard to claims 2 and 8-10, the thermal insulation structure comprises a thermal insulation pad 136 with the inflatable chamber. In regard to claim 3, the thermal insulation structure comprises a side wall thermal insulation pad comprising foam (i.e.., expandable polyethylene, see paragraph 0031, line 8). In regard to claim 6, each of the tensioning members is connected to the outer and inner walls and the thermal insulation pad comprises a plurality of thermal insulations sections 136 (see Figure 4) arranged at intervals in the circumferential direction of the inflatable chamber (see paragraph 0031, lines 9-17), each of the thermal insulation sections being arranged between two adjacent ones of the tensioning members. 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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Huang. Although the Huang reference does not disclose how the thermal insulation pad is mounted within the inflatable chamber, it is the examiner’s position it would have been obvious to one of ordinary skill in the art at the time the invention was made the pad can be secured within the chamber via any know and suitable method, including those claimed, without effecting the overall operation of the device, especially since the Applicant has not indicated the specific manner in which the pads are secured in the chamber is critical to the overall operation of the device and the Huang reference does not limit the manner in which the pads are secured within the chamber. Allowable Subject Matter Claims 12-14, 16 and 17 are allowed. Claim 7 is 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00. 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, David Angwin can be reached at 571-270-3735. 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. DJW 1/20/26 /DAVID J WALCZAK/Primary Examiner, Art Unit 3754
Read full office action

Prosecution Timeline

Nov 22, 2023
Application Filed
Oct 07, 2025
Non-Final Rejection — §102, §103, §112
Jan 05, 2026
Response Filed
Jan 20, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
74%
Grant Probability
92%
With Interview (+17.7%)
2y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 1734 resolved cases by this examiner. Grant probability derived from career allow rate.

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