Prosecution Insights
Last updated: May 04, 2026
Application No. 18/715,932

DYNAMIC SORTING OF ITEMS IN A CONVEYOR SYSTEM

Non-Final OA §102§103
Filed
Jun 03, 2024
Priority
Dec 09, 2021 — provisional 63/287,667 +1 more
Examiner
HESS, DOUGLAS A
Art Unit
3651
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Laitram L L C
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
1120 granted / 1261 resolved
+36.8% vs TC avg
Moderate +11% lift
Without
With
+10.7%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
14 currently pending
Career history
1275
Total Applications
across all art units

Statute-Specific Performance

§103
33.1%
-6.9% vs TC avg
§102
43.1%
+3.1% vs TC avg
§112
22.5%
-17.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1261 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 . Claim Rejections - 35 USC § 102 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 (i.e., changing from AIA to pre-AIA ) 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. 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 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Costanzo et al. US 2022/0297160. See the three attached annotated drawing sheets of Costanzo et al. depicting the rejected claim features. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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. 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) 2-4, 7, 8, 10, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Costanzo et al. US 2022/0297160. Costanzo et al. teach the claimed features as outlined in the above 102 rejection. Costanzo et al. fail to teach the following design features: Claim 2, the receptacle having sidewalls configured to extend over the chute to define a sorting path. Instead, Costanzo et al. has sidewalls on his chute to define their sorting path. Claims 3 and 7, the receptacle having a trapezoidal shape. Instead, Costanzo et al. has a square shape. Claims 4 and 8, the receptacles opposing end walls are angled at 10 degrees relative to a lateral direction. Instead, Costanzo et al. teach his end walls to be parallel. In each of the above instances, it would have been an obvious design choice as to the shape, angle, sidewall location of a particular feature in a device and the mere claiming of a variation in such design features, furthermore, the applicant has not disclosed that such features solve any stated problem or is for any particular purpose and it appears that the invention would perform equally well without such design features. Allowable Subject Matter Claims 5 and 9 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. Method Claims 12-18 are allowed because the prior art of record does not teach “landing an item from the chute into the movable receptacle while the receptacle is moving. Claims 5 and 9 are allowable for the same reason. 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 DOUGLAS A HESS whose telephone number is (571)272-6915. The examiner can normally be reached M-TH 8-6. 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, Gene Crawford can be reached at 571-272-6911. 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. /DOUGLAS A HESS/Primary Examiner, Art Unit 3651 DAH January 22, 2026
Read full office action

Prosecution Timeline

Jun 03, 2024
Application Filed
Jan 22, 2026
Non-Final Rejection — §102, §103
Apr 22, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12612260
OBJECT CONVEYING SYSTEM
1y 9m to grant Granted Apr 28, 2026
Patent 12612750
ARTICULATING PUSHER SHOVEL
10m to grant Granted Apr 28, 2026
Patent 12606383
ARTICLE CONVEYANCE DEVICE
1y 9m to grant Granted Apr 21, 2026
Patent 12600573
BELT SLIP MEASUREMENT SYSTEM
2y 4m to grant Granted Apr 14, 2026
Patent 12600511
APPARATUS AND METHOD FOR MOVING OBJECTS
1y 9m to grant Granted Apr 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+10.7%)
1y 11m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1261 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month