Prosecution Insights
Last updated: July 17, 2026
Application No. 18/635,307

FLOATING APPARATUS INCLUDING WATERTIGHT STRUCTURE

Non-Final OA §102
Filed
Apr 15, 2024
Priority
Jan 31, 2024 — TW 113103666
Examiner
TOLEDO-DURAN, EDWIN J
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Evolutive Labs Co. Ltd.
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
548 granted / 786 resolved
+17.7% vs TC avg
Strong +32% interview lift
Without
With
+32.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
50 currently pending
Career history
833
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
82.3%
+42.3% vs TC avg
§102
9.4%
-30.6% vs TC avg
§112
7.1%
-32.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 786 resolved cases

Office Action

§102
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 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 1-7 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yocum (U.S. Patent No. 3,904,528). As to Claim 1, Yocum discloses a floating apparatus (Column 4, Lines 52-56: “In use, the element is placed on the surface of the body of water on which the contaminant has been spilled, and because of its shape and because the absorber 14 is a sponge material, the element will float with one of the flat surfaces down”), comprising: A watertight structure (Column 2, Lines 29-32: “The pick-up element according to the present invention comprises an outer container 10 which is water impervious and which is pervious to oily contaminants in liquid form”), comprising: A first layer (11); and A second layer (14) in direct contact with an inner surface of the first layer (10), wherein the second layer (14) is more absorbent than the first layer (Column 2, Lines 45-47: “Within the container is an absorber generally indicated at 14, which is composed of an absorbent material, here shown as a sponge material”). As to Claim 2, Yocum discloses the invention of Claim 1 (Refer to Claim 1 discussion). Yocum also discloses wherein the first layer (11) is substantially non-absorbent (Column 2, Lines 29-32: “The pick-up element according to the present invention comprises an outer container 10 which is water impervious and which is pervious to oily contaminants in liquid form”). As to Claim 3, Yocum discloses the invention of Claim 1 (Refer to Claim 1 discussion). Yocum also discloses wherein the second layer (14) is made of superabsorbent polymers (Column 3, Lines 20-24: “The material of the absorber 14 is preferably a sponge material, such as cellulose sponge which is resistant to deterioration by oil. Sponge material of other plastic material can also be used”). As to Claim 4, Yocum discloses the invention of Claim 1 (Refer to Claim 1 discussion). Yocum also discloses wherein the second layer (14) comprises a compressible material (Column 3, Lines 20-24: “The material of the absorber 14 is preferably a sponge material, such as cellulose sponge which is resistant to deterioration by oil. Sponge material of other plastic material can also be used”. A sponge is a compressible material). As to Claim 5, Yocum discloses the invention of Claim 1 (Refer to Claim 1 discussion). Yocum also discloses wherein the second layer (14) substantially completely covers the inner surface of the first layer (11). As to Claim 6, Yocum discloses the invention of Claim 1 (Refer to Claim 1 discussion). Yocum also discloses wherein the watertight structure further comprises a third layer (12), the second layer (14) is disposed between the first layer (11) and the third layer (12), and the first layer (11) and the third layer (12) are made of the same material. As to Claim 7, Yocum discloses the invention of Claim 6 (Refer to Claim 6 discussion). Yocum also discloses wherein a thickness of the first layer (11) is different from a thickness of the third layer (Manufacturing errors can lead to extremely small differences in thickness). As to Claim 16, Yocum discloses a floating apparatus (Column 4, Lines 52-56: “In use, the element is placed on the surface of the body of water on which the contaminant has been spilled, and because of its shape and because the absorber 14 is a sponge material, the element will float with one of the flat surfaces down”), comprising: A watertight structure (Column 2, Lines 29-32: “The pick-up element according to the present invention comprises an outer container 10 which is water impervious and which is pervious to oily contaminants in liquid form”) comprising one or more odd layers (11, 13) made of a first material (Column 3, Lines 1-15: “A number of materials in sheet form which are pervious to oily contaminants but not to water are known which are satisfactory for the container. In addition, the material should be resistant to deterioration by fresh and salt water to a degree that it will last from several months to several years in the water. One material which has been found to be very satisfactory is a multi-layer sheet material formed of fiberglass in a polyethylene binder. Four layers of this material in a single sheet have been found to give satisfactory strength to the element of the invention. One advantage of this particular material is that it can be heat sealed, so that during the assembly of the element three sides of the upper and lower sheets 11 and 12 can be heat sealed as well as stitched to provide a seal against the ingress of water”) and one or more even layers (14) made of a second material that is different from the first material (Column 3, Lines 20-24: “The material of the absorber 14 is preferably a sponge material, such as cellulose sponge which is resistant to deterioration by oil. Sponge material of other plastic material can also be used”), wherein a strength of the first material is greater than a strength of the second material (The first material is an outer container for protection and therefore it is inherent that its strength is greater than the strength of the second material made of sponge within). As to Claim 17, Yocum discloses the invention of Claim 16 (Refer to Claim 16 discussion). Yocum also discloses wherein the first material is substantially non-absorbent (Column 3, Lines 1-15: “A number of materials in sheet form which are pervious to oily contaminants but not to water are known which are satisfactory for the container. In addition, the material should be resistant to deterioration by fresh and salt water to a degree that it will last from several months to several years in the water. One material which has been found to be very satisfactory is a multi-layer sheet material formed of fiberglass in a polyethylene binder. Four layers of this material in a single sheet have been found to give satisfactory strength to the element of the invention. One advantage of this particular material is that it can be heat sealed, so that during the assembly of the element three sides of the upper and lower sheets 11 and 12 can be heat sealed as well as stitched to provide a seal against the ingress of water”). As to Claim 18, Yocum discloses the invention of Claim 17 (Refer to Claim 17 discussion). Yocum also discloses wherein the first material comprises steel, aluminum, concrete, reinforced concrete (RC), steel reinforced concrete, fiber reinforced plastic (Column 3, Lines 1-15: “A number of materials in sheet form which are pervious to oily contaminants but not to water are known which are satisfactory for the container. In addition, the material should be resistant to deterioration by fresh and salt water to a degree that it will last from several months to several years in the water. One material which has been found to be very satisfactory is a multi-layer sheet material formed of fiberglass in a polyethylene binder. Four layers of this material in a single sheet have been found to give satisfactory strength to the element of the invention. One advantage of this particular material is that it can be heat sealed, so that during the assembly of the element three sides of the upper and lower sheets 11 and 12 can be heat sealed as well as stitched to provide a seal against the ingress of water”), or a combination thereof. As to Claim 19, Yocum discloses the invention of Claim 16 (Refer to Claim 16 discussion). Yocum also discloses wherein the second material comprises superabsorbent polymers (Column 3, Lines 20-24: “The material of the absorber 14 is preferably a sponge material, such as cellulose sponge which is resistant to deterioration by oil. Sponge material of other plastic material can also be used”). As to Claim 20, Yocum discloses the invention of Claim 16 (Refer to Claim 16 discussion). Yocum also discloses further comprising a plurality of pillars (11, 15, 12), wherein the odd layers and the even layers constitute the pillars. Claims 1 and 8-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Salama (U.S. Patent Application Publication No. 2005/0067037). As to Claim 1, Salama discloses a floating apparatus (Paragraph 0003: “Additionally, composite risers can be specifically designed for each application to provide a better system oriented solution. The potential weight reduction can provide significant benefits for floating systems”), comprising: A watertight structure (Paragraph 0026: “Fluid impregnable layer 44 is made from any fluid impermeable material such as rubber or polymeric material. The same material as used for the shear ply can be used as the fluid impregnable layer. The purpose of layer 44 is to prevent water from impregnating the main outer layer 42”), comprising: A first layer (44); and A second layer (46) in direct contact with an inner surface of the first layer (44), wherein the second layer (46) is more absorbent than the first layer (Paragraph 0027: “Thus, scuff absorbing layer 46 is designed to protect the fluid impermeable layer 44 to prevent cuts and gouges which would compromise the integrity of fluid impermeable layer 44”). As to Claim 8, Salama discloses the invention of Claim 1 (Refer to Claim 1 discussion). Salama also discloses further comprising a pillar (12, 28), wherein the first layer (44) and the second layer (46) constitute at least part of the pillar. As to Claim 9, Salama discloses the invention of Claim 8 (Refer to Claim 8 discussion). Salama also discloses further comprising a base (Lower 22), wherein the base is disposed under the pillar (12, 28), and the base is connected (via Lower 30) to the pillar. As to Claim 10, Salama discloses the invention of Claim 8 (Refer to Claim 8 discussion). Salama also discloses further comprising a platform (Upper 22), wherein the platform is disposed on the pillar (28), and the platform is connected (via Upper 30) to the pillar. As to Claim 11, Salama discloses a floating apparatus (Paragraph 0003: “Additionally, composite risers can be specifically designed for each application to provide a better system oriented solution. The potential weight reduction can provide significant benefits for floating systems”), comprising: A base (Lower 22); and A pillar (12, 28) disposed on the base (Lower 22), wherein the pillar comprises a watertight structure (Paragraph 0026: “Fluid impregnable layer 44 is made from any fluid impermeable material such as rubber or polymeric material. The same material as used for the shear ply can be used as the fluid impregnable layer. The purpose of layer 44 is to prevent water from impregnating the main outer layer 42”), and the watertight structure comprises: A first layer (44) in contact with water (Since first layer 44 is to prevent water from passing through, it is inherent that water is able to penetrate towards the layer until contacting the layer); and A second layer (46) disposed on an inner side of the first layer, wherein the second layer is absorbent (Paragraph 0027: “Thus, scuff absorbing layer 46 is designed to protect the fluid impermeable layer 44 to prevent cuts and gouges which would compromise the integrity of fluid impermeable layer 44”). As to Claim 12, Salama discloses the invention of Claim 11 (Refer to Claim 11 discussion). Salama also discloses wherein a density of the base (Lower 22) is greater than a density of the pillar (Base 22 is made of metal which is denser than polymeric and rubber materials). As to Claim 13, Salama discloses the invention of Claim 11 (Refer to Claim 11 discussion). Salama also discloses wherein a diameter of the base (Lower 22) is greater (Figure 1) than a diameter of the pillar (12, 28). As to Claim 14, Salama discloses the invention of Claim 11 (Refer to Claim 11 discussion). Salama also discloses further comprising a frame (Upper 22) connected to a top portion of the pillar (12, 28). As to Claim 15, Salama discloses the invention of Claim 11 (Refer to Claim 11 discussion). Salama also discloses further comprising a fluid ejection element (12), wherein flow out of the fluid ejection element flows toward a space inside the floating apparatus for collecting waste (Mud -a waste material- in risers flows upwards towards the apparatus on top for ejection). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWIN J TOLEDO-DURAN whose telephone number is (571)270-7501. The examiner can normally be reached Monday through Friday: 10:00AM to 6:00PM 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, AMBER ANDERSON can be reached at (571) 270-5281. 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. /EDWIN J TOLEDO-DURAN/Primary Examiner, Art Unit 3678
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Prosecution Timeline

Apr 15, 2024
Application Filed
Jun 22, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
70%
Grant Probability
99%
With Interview (+32.5%)
2y 6m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 786 resolved cases by this examiner. Grant probability derived from career allowance rate.

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