Prosecution Insights
Last updated: April 19, 2026
Application No. 18/658,835

USER ACCESSIBLE SHOCK TRAVEL SPACER

Non-Final OA §102§112
Filed
May 08, 2024
Examiner
TO, TOAN C
Art Unit
3614
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Fox Factory Inc.
OA Round
1 (Non-Final)
92%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
88%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allow Rate
903 granted / 986 resolved
+39.6% vs TC avg
Minimal -4% lift
Without
With
+-3.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
12 currently pending
Career history
998
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
16.3%
-23.7% vs TC avg
§102
52.2%
+12.2% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 986 resolved cases

Office Action

§102 §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 . Election/Restrictions Applicant’s election without traverse of Species 2, claims 1-9, and 11-20 in the reply filed on December 22, 2025 is acknowledged. Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 22, 2025. Claim Objections Claims 1 and 16 are objected to because of the following informalities: claims 1 and 16 do not positively recite the claimed by using the phrase “can be” in line 4 of claims 1 and 16. The examiner suggests applicant to replaced “can be” by –are--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. Claims 11-20 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. Recitation “without requiring a retaining plate” in claims 11 and 15 renders the claims indefinite for being unclear because it is not known whether “a retaining plate” is part of the claimed invention. 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, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by King (U.S. 9,333,829). Regarding claims 1-3, and 9, King discloses a travel spacer comprising: a first separable portion (17); a second separable portion (16), wherein said first separable portion (17) and said second separable portion (16) can be combined to form said travel spacer, said first separable portion (17) and said second separable portion (16) configured to be combined about a shaft (5) of a shock assembly (1) without requiring removal of said shaft (5) from said shock assembly (1); said first separable portion (17) having a first interlocking feature (31); and said second separable portion (16) having a second interlocking feature (30), said first interlocking feature (31) and said second interlocking feature (30) coupleable to retain said first separable portion (17) and said second separable portion (16) in a mated relationship; wherein said first interlocking feature (31) and said second interlocking feature (30) retain said first separable portion (31) and said second separable portion (30) in said mated relationship and prevent separation, in a radial direction, of said first separable portion (17) and said second separable portion (16); wherein said second separable portion (16) comprises less than one half of said travel spacer (see fig. 2). Claims 11, 13, and 15, as best understood by the examiner, is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turner (U.S. 2004/0020730). Regarding claims 11 and 13, Turner discloses a travel spacer assembly comprising: a piston (102), said piston further comprising; a piston body (113); and a travel spacer receiving region (108) disposed proximate said piston body (113); and a travel spacer (104) disposed in said travel spacer receiving region (108), said travel spacer (104) retained in said travel spacer receiving region (108) of said travel spacer assembly; a fastener retaining hole (116) formed into a top surface of said piston body, said fastener retaining hole configured to receive a fastener (44) for retaining said travel spacer (104) within said travel spacer receiving region (108) of said travel spacer assembly. Regarding claim 15, Turner discloses a suspension comprising; a damper body (10); a shaft (34) disposed within said damper body (10); a piston (102) coupled with said shaft (34), said piston further comprising; a piston body (113); and a travel spacer receiving region (108) disposed proximate said piston body (113); and a travel spacer (104) disposed in said travel spacer receiving region (108), said travel spacer (104) retained in said travel spacer receiving region (108) of said suspension. Allowable Subject Matter Claims 4-8 are 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. Claims 12, 14 and 16-20 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. The following is an examiner’s statement of reasons for allowance: Regarding claim 4, the closest prior art as to King (U.S. 9,333,829) discloses every element of the invention as discussed above except that a locating feature disposed on said first separable portion, said locating feature comprising: a top surface feature disposed on a top surface of said first separable portion; and a bottom surface feature disposed on a bottom surface of said first separable portion, said locating feature configured to align said first separable portion with an adjacent feature selected from the group consisting of: an overlying second travel spacer, an underlying second travel spacer, and an underlying piston. Regarding claims 5-6, the closest prior art as to King (U.S. 9,333,829) discloses every element of the invention as discussed above except that a fastener opening formed through said first separable portion, said fastener opening extending completely through said first separable portion from a top surface of said first separable portion to a bottom surface of said first separable portion. Regarding claims 7-8, the closest prior art as to King (U.S. 9,333,829) discloses every element of the invention as discussed above except that a venting aperture formed through said first separable portion, said venting aperture extending completely through said first separable portion from a top surface of said first separable portion to a bottom surface of said first separable portion. Regarding claim 12, the closest prior art as to Turner (U.S. 2004/0020730) discloses every element of the invention as discussed above except that a recessed region formed into a top surface of said piston body, said recessed region configured to receive a locating feature of said travel spacer such that said travel spacer is aligned with respect to said piston. Regarding claim 14, the closest prior art as to Turner (U.S. 2004/0020730) discloses every element of the invention as discussed above except that a recessed region formed into a top surface of said piston body, said recessed region configured to receive a locating feature of said travel spacer such that said travel spacer is aligned with respect to said fastener retaining hole. Regarding claims 16-20, the closest prior art as to Turner (U.S. 2004/0020730) discloses every element of the invention as discussed above except that said travel spacer further comprising: a first separable portion; a second separable portion, wherein said first separable portion and said second separable portion can be combined to form said travel spacer, said first separable portion and said second separable portion configured to be combined about said shaft of said suspension without requiring removal of said shaft from said damper body. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN C TO whose telephone number is (571)272-6677. The examiner can normally be reached 8-5, 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, JASON D SHANSKE can be reached at (571)270-5985. 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. /TOAN C TO/Primary Examiner, Art Unit 3614 March 27, 2026
Read full office action

Prosecution Timeline

May 08, 2024
Application Filed
Mar 27, 2026
Non-Final Rejection — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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CONTROL SYSTEM AND METHOD FOR VEHICLE SUSPENSION
2y 5m to grant Granted Apr 14, 2026
Patent 12589624
PITCH AND ROLL CONTROL SYSTEM FOR A VEHICLE
2y 5m to grant Granted Mar 31, 2026
Patent 12589625
VEHICLE CONTROL DEVICE
2y 5m to grant Granted Mar 31, 2026
Patent 12583279
CONTROL VALVE DEVICE FOR CONTROLLING DAMPING CHARACTERISTICS, AND HYDRAULIC FLOW-THROUGH SOLENOID VALVE
2y 5m to grant Granted Mar 24, 2026
Patent 12583277
DAMPER CONTROL
2y 5m to grant Granted Mar 24, 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
92%
Grant Probability
88%
With Interview (-3.8%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 986 resolved cases by this examiner. Grant probability derived from career allow rate.

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