Prosecution Insights
Last updated: July 17, 2026
Application No. 18/643,853

IMPACT TOOL

Non-Final OA §112
Filed
Apr 23, 2024
Priority
Feb 19, 2018 — provisional 62/631,986 +2 more
Examiner
SEIF, DARIUSH
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
2 (Non-Final)
70%
Grant Probability
Favorable
2-3
OA Rounds
7m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allowance Rate
371 granted / 530 resolved
At TC average
Moderate +6% lift
Without
With
+6.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
29 currently pending
Career history
565
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
77.6%
+37.6% vs TC avg
§102
9.9%
-30.1% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 530 resolved cases

Office Action

§112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the AIA first to file provisions. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Application Status A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/17/2026 has been entered. Claims 21-33 and 35-40 are currently pending. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The IDS filed on 4/17/2026 and 4/24/2026 have been considered. See the attached PTO 1449 forms. 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. Claims 21-33 and 35-39 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 pre-AIA the applicant regards as the invention. Regarding claim 21: Claim 21 recites “a battery receptacle located generally below the first handle”, however the metes and bounds of “generally below” are ambiguous and unclear. Is there a specific portion of the receptacle required to be below a specific portion of the first handle to be considered “generally below”? Claims depending from claim 21 are rejected as depending from an indefinite claim. Regarding claim 31: Claim 31 recites “80 A” to quantify current draw. Claim 33 properly uses units of “Amp[s]” to quantify current. Claim 31 is indefinite because it is unclear if “A” is referring to the same units of “Amp[s]” found in claim 33. Regarding claim 38: In claim 38, the metes and bounds of “a base dimension” of the anvil lugs are ambiguous and unclear because it is unclear what a base dimension is and how it can be obtained. Allowable Subject Matter Claim 40 is allowed. Claim 21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. See office action dated 5/8/2025 for reasons for indicating allowable subject matter. Claim 22-33 and 35-39 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 DARIUSH SEIF whose telephone number is (408)918-7542. The examiner can normally be reached Monday-Friday 9:30 AM-6:00 PM PST. 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 KINSAUL can be reached at 571-270-1926. 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. /DARIUSH SEIF/ Primary Examiner Art Unit 3731
Read full office action

Prosecution Timeline

Apr 23, 2024
Application Filed
May 08, 2025
Non-Final Rejection mailed — §112
Aug 08, 2025
Response Filed
Dec 04, 2025
Request for Continued Examination
Dec 17, 2025
Response after Non-Final Action
Apr 17, 2026
Request for Continued Examination
Apr 22, 2026
Response after Non-Final Action
May 05, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12677885
DISPENSER UNIT FOR AEROSOL PRECURSOR
4y 0m to grant Granted Jul 14, 2026
Patent 12679062
PACKAGING WITH MULTI-PLY WALLS
2y 9m to grant Granted Jul 14, 2026
Patent 12678165
CLOSURE LOCKOUT SYSTEMS FOR SURGICAL INSTRUMENTS
2y 3m to grant Granted Jul 14, 2026
Patent 12679629
Method for manufacturing a dispenser container for pressurized fluids and dispenser container for pressurized fluids as manufactured with this method
1y 11m to grant Granted Jul 14, 2026
Patent 12678928
WORK MACHINE
1y 10m to grant Granted Jul 14, 2026
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
70%
Grant Probability
76%
With Interview (+6.2%)
2y 10m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 530 resolved cases by this examiner. Grant probability derived from career allowance rate.

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