Prosecution Insights
Last updated: April 19, 2026
Application No. 18/674,721

COMPOSITE PANEL AND METHOD FOR FORMING THE SAME

Non-Final OA §103
Filed
May 24, 2024
Examiner
SANDERS, JAMES M
Art Unit
1743
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Wabash National L P
OA Round
1 (Non-Final)
55%
Grant Probability
Moderate
1-2
OA Rounds
2y 11m
To Grant
82%
With Interview

Examiner Intelligence

Grants 55% of resolved cases
55%
Career Allow Rate
302 granted / 547 resolved
-9.8% vs TC avg
Strong +27% interview lift
Without
With
+26.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
17 currently pending
Career history
564
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
58.4%
+18.4% vs TC avg
§102
17.0%
-23.0% vs TC avg
§112
17.9%
-22.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 547 resolved cases

Office Action

§103
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 . DETAILED ACTION Claim Objections Claims 3 and 4 are objected to because of the following informalities: claims 3 and 4 recite “wherein the first region of thermoplastic is extruded” which appears to be a misstatement of “wherein the first region of thermoplastic foam is extruded”. Appropriate correction is required. 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 of this title, 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. The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Baker (WO 2018/152180 cited by US 2020/0009823, already of record). For claim 1, Baker teaches a method of forming a panel for use on a trailer, the method comprising: extruding a portion of a panel member core of thermoplastic foam ([0078] – reinforced strips 304a/304b). Though Baker does not teach extruding a panel member core of thermoplastic foam with a first region having a first density and a second region, adjacent the first region, having a second density less than the first density, Baker does teach a panel member core’s partially hollow structure and the reinforced strips, which are adjacent (Figs 3 & 8 – elements 302 & 304a/304b), may comprise the same composition, but a different volumetric mass density ([0019]) and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to extrude a panel member core of thermoplastic foam with a first region having a first density and a second region, adjacent the first region, having a second density less than the first density in order to lighten the weight of the panel. Baker further teaches cutting the panel member core at a predetermined length ([0083]); and laminating a sheet to the panel member core, extending over the first and second regions ([0014] & [0020]). For claim 2, Baker teaches a third region adjacent the second region, opposite the first region, the third region having the first density (Figs 3 & 8 – elements 304a & 304b would have the same first density); and wherein the sheet would extend over the first, second, and third regions. For claim 3, though Baker does not teach the first region of thermoplastic foam is extruded from a first extruder and the second region of thermoplastic is extruded from a second extruder, Baker does teach the first structure 302 and the second structure 304 of the core member 204 may be defined by different properties including, for example, density, tensile strength, and the like ([0065]) and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first region of thermoplastic foam be extruded from a first extruder and the second region of thermoplastic be extruded from a second extruder. Baker further teaches the method further comprising thermally welding the first region with the second region ([0011] & [0063]). For claim 4, though Baker does not teach the first region of thermoplastic foam is extruded with a first thickness and the second region of thermoplastic is extruded with a second thickness, wherein the first thickness is greater than the second thickness, Baker does teach the first structure 302 is made to a desired thickness ([0076]) and the second structure 304 is made to a desired thickness ([0078]) and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the first region of thermoplastic foam be extruded with a first thickness and the second region of thermoplastic be extruded with a second thickness, wherein the first thickness is greater than the second thickness in order to have stronger reinforcing first region. Baker further teaches the method further comprising compressing at least the first region ([0083]) which would form a panel member core with a uniform thickness. For claim 5, though Baker does not teach heating the first region after the sheet is laminated to the panel member core it is well known to heat laminations in order to strengthen bonding. Further, Baker teaches compressing the heated first region ([0076]) which would increase the density. For claim 6, further regarding extruding adjacent regions taught as obvious by Baker above, Baker also teaches extruding a first region, a second region, a third region, a fourth region, and a fifth region to extend along the length in parallel (Fig. 8 – elements 304a, 302, 304b, 302, 304b); the first, third, and fifth regions would be configured to have a greater density than the second and fourth regions; and cutting the extruded first, second, third, fourth, and fifth regions at the length (see citation above). For claim 7, Baker teaches thermally welding the first, second, and third regions the fourth and fifth regions (see citation above). For claim 8, Baker teaches compressing the first, second, and third regions ([0083]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES SANDERS whose telephone number is (571)270-7007. The examiner can normally be reached on M-F 11-7. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen Hauth can be reached on 571-270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAMES SANDERS/Primary Examiner, Art Unit 1743
Read full office action

Prosecution Timeline

May 24, 2024
Application Filed
Jan 10, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

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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
55%
Grant Probability
82%
With Interview (+26.8%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 547 resolved cases by this examiner. Grant probability derived from career allow rate.

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