Prosecution Insights
Last updated: April 19, 2026
Application No. 18/552,093

NEW MATERIAL FOR INFILL MANUFACTURING IN ARTIFICIAL TURF SYSTEMS

Non-Final OA §112
Filed
Sep 22, 2023
Examiner
BOYLE, KARA BRADY
Art Unit
1766
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Green World Grass S L
OA Round
1 (Non-Final)
61%
Grant Probability
Moderate
1-2
OA Rounds
2y 10m
To Grant
51%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allow Rate
553 granted / 901 resolved
-3.6% vs TC avg
Minimal -10% lift
Without
With
+-10.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
26 currently pending
Career history
927
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
44.7%
+4.7% vs TC avg
§102
19.9%
-20.1% vs TC avg
§112
24.8%
-15.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 901 resolved cases

Office Action

§112
DETAILED ACTION 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 1-12 and 14 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. Claim 1 recites “An infill for artificial turf, the infill comprises particles larger than 5 mm, and the in fill has a composition comprising…” It is unclear how an infill, i.e. particles, “has” a composition. The claim could be interpreted to mean the infill is produced from a reaction of the recited polyolefin base, thermoplastic elastomer, densifier, and foaming agent, or that the infill comprises each of the components. The phrase “has a composition” does not clarify in what capacity the components are present in the infill, i.e. a reaction product of the components or that each of the components are actually present in the infill. None of claims 2-12 or 14 clarify the issue in instant claim 1. Therefore, claims 1 and all claims dependent thereon are indefinite. Additionally, claim 1 recites “the infill has a composition comprising: a polyolefin base…in a percentage between 53 and 82% by weight; a thermoplastic elastomer …in a percentage between 5 and 30% by weight; a densifier in a percentage between 3 and 13% by weight; and a foaming agent in a percentage between 2 and 10% by weight.” The claim is indefinite, because the amounts do not specify with what the percentage is with regards. In other words, “in a percentage” “by weight” of what? The recited components? The entire composition? A reaction product of the recited components? Of the infill product? The same issue is present in each of claims 5, 6, 8, 9, 10, and 11. None of claims 2-12 or 14 clarify the issues present in claim 1. Therefore, claims 1-12 and 14 are indefinite. Claim 4 recites “wherein the foaming agent is selected from hyd r ocerol …” First, the instant specification does not specify what is present in hydrocerol . Secondly, Hydrocerol is a registered trademark. While it is a chemical foaming agent, there is no indication what falls within the scope of hyd roc e r ol and what does not . Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph. See Ex parte Simpson , 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name, hydrocerol , is used to identify/describe a foaming agent and, accordingly, the identification/description is indefinite. Claim 7 recites “wherein the thermoplastic elastomer compound is absent.” First, the question arises, absent from what ? Claim 7 depends from claim 1, which recites that the thermoplastic elastomer is present in an amount ranging from 5 to 30wt%, which does not include 0wt%, indicating that it must be present in the infill in some capacity. It is therefore what unclear what falls within the scope of claim 7 and what does not. Claim 12, step ii), recites “feeding the rest of components of the infill of the invention into the compound extruder wherein the temperature in the first segment of the extruder…” It is unclear what falls within the scope of “the rest of the components of the infill.” It is unclear if this is referring to the thermoplastic elastomer compound, densifier, and foaming agent recited in claim 1, or if additional unrecited components are also added to the infill. Additionally, “the polyolefin” in line 3 lacks antecedent basis. Claim 1, on which claim 12 depends, recites a polyolefin base . Claim language must be kept consistent in order for proper antecedent basis to be present. Furthermore, “the compounding extruder” in lines 4-5 and “the temperature in the first segment” in line 5 lack antecedent basis. The claim does not previously “a compounding extruder,” does not refer to “a temperature,” and does it refer to “a first segment of the extruder,” nor does claim 1 on which claim 12 depends. “The screw” in line 8 lacks antecedent basis. The claim does not previously refer to a screw, nor does claim 1 on which claim 12 depends. Additionally, “the rest of the components” lacks antecedent basis. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 7 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 7 recites that the thermoplastic elastomer compound is absent. Claim 1, on which claim 7 depends, recites that the thermoplastic elastomer compound is present in an amount of from 5 to 30wt%. Therefore, claim 7 fails to further limit its parent claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Prior Art The claims are indefinite for the reasons discussed above. There are no prior art rejections over the instant claims. Close relevant prior art includes (1) Aldahir et al. (US 2020/0216673) and (2) Vivirelli et al. (US 2021/0301474). Aldahir et al. teach a synthetic (i.e. artificial) turf comprising an infill, the infill comprised of particles (abstract). The infill has a particle diameter of 45 to 200 microns (¶27). The particles of the infill comprise at least one thermoplastic elastomer and a filler. An example of filler is calcium carbonate (¶31), which corresponds to the densifier of the instantly claimed invention. The filler of Aladhir et al. is present in an amount of from 20 to 80wt% of the particles. This appears to be outside the range of the instantly claimed invention, but it is not clear given the indefinite issues discussed above. The particle size of the infill of Aladhir et al. is also 0.045 to 0.2 mm (45 to 200 microns), which is outside the range of “larger than 5 mm” recited in instant claim 1. Vivirelli et al. teach an artificial turf system comprising infill granules (i.e. particles), where the granules have a length of 5 mm or more (abstract). The granules comprise a polymer composition comprising a polymer matrix, wherein the polymer matrix includes at least one thermoplastic elastomer (abstract and ¶4). Other polymers, in addition to the thermoplastic elastomers, are included in the polymer matrix, with examples including ethylene polymers (¶17). Examples of the thermoplastic elastomer include ethylene-propylene-diene copolymers and styrene-ethylene-butylene copolymers. See ¶16. This meets the instantly claimed thermoplastic elastomer. The additional polymers are included in amounts of from 5 to 50wt% of the polymer matrix employed in the polymer composition (¶18). The thermoplastic elastomers of Vivirelli are present in amounts of about 50wt% to about 95wt% (¶18). The amount of additional polymer falls outside the amount of polylefin base recited in instant claim 1 and 10-11. The amount of thermoplastic elastomer disclosed in Vivirelli et al. falls outside the ranges of instant claims 1, 5-6 , and 10-11. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT K. B BOYLE whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7338 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 8:30 am to 5pm, Monday - Friday . 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, FILLIN "SPE Name?" \* MERGEFORMAT Randy Gulakowski can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-1302 . 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. /K. BOYLE/ Primary Examiner, Art Unit 1766
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Prosecution Timeline

Sep 22, 2023
Application Filed
Mar 24, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12590197
BIO-BASED CARBON FOAM
2y 5m to grant Granted Mar 31, 2026
Patent 12583991
FOAM COMPOSITIONS AND USES THEREOF
2y 5m to grant Granted Mar 24, 2026
Patent 12570820
FOAMED POLYMERIC COMPOSITION
2y 5m to grant Granted Mar 10, 2026
Patent 12570819
FOAMED POLYMER COMPOSITIONS INCLUDING A NANOSTRUCTURED FLUOROPOLYMER
2y 5m to grant Granted Mar 10, 2026
Patent 12570824
OLEFIN-BASED THERMOPLASTIC ELASTOMER FOAMED PARTICLE AND OLEFIN-BASED THERMOPLASTIC ELASTOMER FOAMED PARTICLE MOLDED BODY
2y 5m to grant Granted Mar 10, 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
61%
Grant Probability
51%
With Interview (-10.1%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 901 resolved cases by this examiner. Grant probability derived from career allow rate.

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