Prosecution Insights
Last updated: October 26, 2026
Application No. 18/649,720

ROBOTIC ARM AND GRIPPER VACUUM COLLECTION SYSTEM

Non-Final OA §102§103
Filed
Apr 29, 2024
Priority
Apr 28, 2023 — provisional 63/499,135
Examiner
RIVERA, WILLIAM ARAUZ
Art Unit
3651
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
None recorded (individual inventor: Peter Mendre)
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
974 granted / 1305 resolved
+22.6% vs TC avg
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
24 currently pending
Career history
1337
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
42.5%
+2.5% vs TC avg
§102
28.1%
-11.9% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1305 resolved cases

Office Action

§102 §103
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 . Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because in Figure 2A reference character “34” has been used to designate both the first port and the second port. In Figure 2A, it appears that the numeral “34”, near fitting 38, should be replaced with the numeral --36--. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because in Figures 8B and 8C reference character “94” has been used to designate both the bias member and the first elbow. In Figures 8B, it appears that the numeral “94”, between lead line 88b and lead line 88c, should be replaced with either the numeral --90-- or --92-- which represent either the first elbow or the second elbow, respectively. In Figures 8C, it appears that the numeral “94”, below lead line 12c, should be replaced with the numeral --90-- which represents the first elbow. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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. Claim(s) 1-5 and 7-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Polido et al (U.S. Patent No. 10,611,037), hereinafter “Polido”. With respect to Claim 1, Polido, Figures 1-14, teaches a vacuum system, comprising: a central conduit 128 (See Figure 8A) having an interior space extending between an upper opening and a lower opening; a spindle flange assembly 182,184 joined to a lower end of the central conduit; a first spindle 20 movably engaged with the spindle flange assembly 182,184, wherein the first spindle comprises: a first suction cup 120 (See Figure 8A) fluidly connected to the interior space of the central conduit, the first suction cup having an opening through which air is configured to be drawn to selectively form a seal with an object; and a first bias member 152 configured to bias the first suction cup away from the spindle flange assembly; and a second spindle 30,40,50 movably engaged with the spindle flange assembly, wherein the second spindle comprises: a second suction cup 132,142 fluidly connected to the interior space of the central conduit, the second suction cup having an opening through which air is configured to be drawn to selectively form a seal with the object; and a second bias member 164 configured to bias the second suction cup away from the spindle flange assembly. With respect to Claim 2, Polido further teaches wherein the first suction cup 120 has a corrugated portion, and the first suction cup is oriented along an axis, wherein the first suction cup is configured to compress along the axis by up to a predetermined distance, and the first suction cup is configured to gimbal off of the axis. With respect to Claim 3, Polido further teaches wherein the first suction cup is joined to a first suction cup fitting of the first spindle, the first suction cup is made of a material that is more pliable than a material of the first suction cup fitting, and the corrugated portion of the first suction cup comprises a ridge and a groove, wherein a diameter of the ridge is greater than a diameter of the groove. With respect to Claim 4, Polido further teaches wherein the first suction cup fitting is joined to a first spindle conduit, and the first bias member is disposed about the first spindle conduit such that a lower end of the first bias member is configured to contact the first suction cup fitting, and an upper end of the first bias member is configured to contact the spindle flange assembly. With respect to Claim 5, Polido further teaches wherein the spindle flange assembly comprises a first bushing 162 and a second bushing joined to a spindle flange, wherein each of the first bushing and the second bushing extend farther in a thickness direction than the spindle flange, wherein the first spindle is configured to extend through the first bushing, and the second spindle is configured to extend through the second bushing. With respect to Claim 7, Polido further teaches wherein the first suction cup 120 and the second suction cup 142 are separated by an offset, and wherein the offset is between one to two times larger than one of a first outer diameter of the first suction cup or a second outer diameter of the second suction cup. With respect to Claim 8, Polido, Figures 1-14, teaches a vacuum system, comprising: a central conduit 128 (See Figure 8A) having an interior space extending between an upper opening and a lower opening; a spindle flange assembly 182,184 joined to a lower end of the central conduit 128 (See Figure 8A); a first spindle 20 movably engaged with the spindle flange assembly 128 (See Figure 8A), the first spindle 20 having a first suction cup 120 fluidly connected to the interior space of the central conduit, the first suction cup 120 having an opening through which air is configured to be drawn to selectively form a seal with an object, and the first suction cup 120 having a first outer diameter; a second spindle movably 30,40,50 engaged with the spindle flange assembly, the second spindle having a second suction cup 132,142 fluidly connected to the interior space of the central conduit, the second suction cup 132,142 having an opening through which air is configured to be drawn to selectively form a seal with the object, and the second suction cup having a second outer diameter; and wherein the first suction cup 120 and the second suction cup 142 are separated by an offset, and wherein the offset is between one to two times larger than one of the first outer diameter or the second outer diameter. With respect to Claim 9, Polido further teaches wherein the first suction cup is configured to compress along a first axis by up to a predetermined distance, and the first suction cup is configured to gimbal off of the first axis. With respect to Claim 10, Polido further teaches wherein the first suction cup has a first corrugated portion with a ridge and a groove, and the second suction cup has a second corrugated portion with a ridge and a groove, wherein the offset is between the ridge of the first corrugated portion and the ridge of the second corrugated portion. With respect to Claim 11, Polido further teaches wherein a first suction cup fitting is joined to the first suction cup and to a first spindle conduit, and a first bias member 152 is disposed about the first spindle conduit such that a lower end of the first bias member is configured to contact the first suction cup fitting, and an upper end of the first bias member is configured to contact the spindle flange assembly. With respect to Claim 12, Polido further teaches wherein the first spindle comprises a nut and a seal joined to an upper end of the first spindle conduit to secure the first spindle to the spindle flange assembly, and the first spindle is coaxial with the central conduit. With respect to Claim 13, Polido further teaches wherein the second spindle comprises a spindle fitting joined to an upper end of a second spindle conduit to secure the second spindle to the spindle flange assembly, wherein a hose is joined to the spindle fitting, and a central conduit fitting is joined to both the hose and a port of the central conduit to fluidly connect the second suction cup to the interior space of the central conduit. With respect to Claim 14, Polido further teaches further comprising a third spindle with a third suction cup having a third offset from the first suction cup, a fourth spindle with a fourth suction cup having a fourth offset from the first suction cup, and a fifth spindle with a fifth suction cup having a fifth offset from the first suction cup, wherein the third, fourth, and fifth offsets are equal to the offset between the first and second suction cups. 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(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Polido et al (U.S. Patent No. 10,611,037), hereinafter “Polido”, in view of Correa (U.S. Patent No. 11,477,968). With respect to Claim 15, Polido, Figures 1-14, teaches a vacuum system, comprising: a central conduit 128 (See Figure 8A) having an interior space extending between an upper opening and a lower opening; a spindle flange assembly 182,184 joined to a lower end of the central conduit; a first spindle 20 movably engaged with the spindle flange assembly, wherein the first spindle comprises: a first suction cup 120 (See Figure 8A) fluidly connected to the interior space of the central conduit, the first suction cup having an opening through which air is configured to be drawn to selectively form a seal with an object; and a first bias member 152 configured to bias the first suction cup away from the spindle flange assembly. Polido teaches all the elements of the vacuum system but it is unclear whether the fluid connection assembly has a first elbow, a second elbow, and a tubing rotatably connected to each of the first elbow and the second elbow, wherein the fluid connection assembly is configured to accommodate movement of the first spindle relative to the spindle flange assembly. However, Correa, Figures 8 and 9, teaches that it is known to use fluid connections that include elbows 27. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide Polido with a system of hoses including elbows, as taught by Correa, because one of ordinary skill in the art would have been expected to know how to connect the hoses for a particular use. With respect to Claim 16, Correa further teaches wherein the fluid connection assembly further comprises: a central conduit fitting joined to the central conduit; a second tubing rotatably connected to each of the central conduit fitting and the first elbow; a spindle fitting joined to the spindle flange assembly; and a third tubing rotatably connected to each of the spindle fitting and the second elbow. With respect to Claim 17, Polido in view of Correa are advanced above. Polido in view Correa teach the tubing being rigid but is unclear whether the tubing has a Young’s Modulus of more than 0.1 GPa. However, it would have been an obvious matter of design choice, as determined through routine experimentation and optimization, to dimension the tubing of Polido in view of Correa as specified in Claim 17 because one of ordinary skill would have been expected to have routinely experimented to determine the optimum dimensions for a particular use. With respect to Claim 18, Correa further teaches a second suction cup fluidly connected to the interior space of the central conduit, the second suction cup having an opening through which air is configured to be drawn to selectively form a seal with the object; and a second bias member configured to bias the second suction cup away from the spindle flange assembly. With respect to Claim 19, Polido further teaches wherein the first suction cup 120 and the second suction cup 142 are separated by an offset, and wherein the offset is between one to two times larger than one of a first outer diameter of the first suction cup or a second outer diameter of the second suction cup. With respect to Claim 20, Polido further teaches wherein the first suction cup has a corrugated portion, and the first suction cup is oriented along an axis, wherein the first suction cup is configured to compress along the axis by up to a predetermined distance, and the first suction cup is configured to gimbal off of the axis. Allowable Subject Matter Claim 6 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 The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM ARAUZ RIVERA whose telephone number is (571)272-6953. The examiner can normally be reached Monday to Friday 9:00 AM to 8:00 PM MDT. 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, Victoria P. Augustine can be reached at 313-446-4858. 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. /WILLIAM A. RIVERA/Primary Examiner, Art Unit 3654
Read full office action

Prosecution Timeline

Apr 29, 2024
Application Filed
Sep 02, 2026
Non-Final Rejection mailed — §102, §103 (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
75%
Grant Probability
82%
With Interview (+7.7%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1305 resolved cases by this examiner. Grant probability derived from career allowance rate.

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