Prosecution Insights
Last updated: April 19, 2026
Application No. 18/752,999

Earplug Interchangeable Faceplate

Non-Final OA §102§103§112
Filed
Jun 25, 2024
Examiner
LUKS, JEREMY AUSTIN
Art Unit
2837
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Decibullz LLC
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
95%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
846 granted / 1149 resolved
+5.6% vs TC avg
Strong +22% interview lift
Without
With
+21.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
37 currently pending
Career history
1186
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
50.4%
+10.4% vs TC avg
§102
28.7%
-11.3% vs TC avg
§112
16.5%
-23.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1149 resolved cases

Office Action

§102 §103 §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 . 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 1-26 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. Claim 1 recites the limitation "the concha" in line 2. There is insufficient antecedent basis for this limitation in the claim. Regarding claims 4 and 7, claim 4 requires “wherein said retaining body comprise a pair of retaining bodies, wherein one of said pair of retaining bodies configured to dispose within said concha of a left ear of said wearer, wherein one of said pair of retaining bodies configured to dispose within said concha of a right ear of said wearer,” which is indefinite. Claim 1, from which claim 4 depends, requires “an earpiece comprising a retaining body…” It is unclear how the singular earpiece comprising a retaining body of claim 1 can be modified such that “said retaining body comprise a pair of retaining bodies, wherein one of said pair of retaining bodies configured to dispose within said concha of a left ear of said wearer, wherein one of said pair of retaining bodies configured to dispose within said concha of a right ear of said wearer.” Applicant’s claim 4 is essentially requiring a single earpiece that has a pair of left and right ear retaining bodies, which is counter the disclosure. It appears Applicant is intending to claim “wherein said earpiece comprises a pair of earpieces, wherein one of said pair of earpieces configured to dispose within said concha of a left ear of said wearer, wherein one of said pair of earpieces configured to dispose within said concha of a right ear of said wearer.” The Examiner will interpret the claim in this manner. Claim 25 recites the limitation "said earpiece" and "the concha" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. 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. Claims 1-7, 10 and 17-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Parry (11,388,502). With respect to claim 1, Parry teaches an earpiece (Figures 1A-3B and 6, #102), comprising: a retaining body (110) configured to dispose within the concha of an ear of a wearer (seen in Figures 2A-B), said retaining body (110) having a retaining body outer face (face of #110 surrounding region #112) opposite a retaining body inner face (face of #110 connected to portion #104) extending to a retaining body periphery (periphery of #110), said retaining body inner face including a projection element (106) configured to project into an ear canal opening of said wearer upon disposing said retaining body within said concha (seen in Figures 2A-B), said projection element (106) adapted to retain an earpiece tip (108) configured to engage an ear canal wall of said wearer; and a faceplate (116) configured to cover said retaining body outer face of said retaining body (110), said retaining body (110) and said faceplate (116) including releasably engageable mateable parts (114/120) to removably affix said faceplate (116) to said retaining body (110). With respect to claim 2, Parry teaches wherein said retaining body (110) configured to dispose within said concha of a left ear of said wearer (Col. 15, Lines 37-42 – note that “the user requires only one pair of earbuds 102,” inherently teaching a pair of left and right ear buds). With respect to claim 3, Parry teaches wherein said retaining body (110) configured to dispose within said concha of a right ear of said wearer (Col. 15, Lines 37-42 – note that “the user requires only one pair of earbuds 102,” inherently teaching a pair of left and right ear buds). With respect to claim 4, Parry teaches wherein said earpiece/retaining body (102/110) comprise a pair of earpieces/retaining bodies (102/110), wherein one of said pair of earpieces/retaining bodies (102/110) configured to dispose within said concha of a left ear of said wearer, wherein one of said pair of earpieces/retaining bodies (102/110) configured to dispose within said concha of a right ear of said wearer (Col. 15, Lines 37-42 – note that “the user requires only one pair of earbuds 102,” inherently teaching a pair of left and right ear buds). With respect to claim 5, Parry teaches wherein said faceplate (116) configured to removably affix to said outer surface of said retaining body (110) configured to dispose within said concha of a left ear of said wearer (Col. 15, Lines 37-42 – note that “the user requires only one pair of earbuds 102,” inherently teaching a pair of left and right ear buds). With respect to claim 6, Parry teaches wherein said faceplate (116) configured to removably affix to said outer surface of said retaining body configured to dispose within said concha of a right ear of said wearer (Col. 15, Lines 37-42 – note that “the user requires only one pair of earbuds 102,” inherently teaching a pair of left and right ear buds). With respect to claim 7, Parry teaches wherein said faceplate (116) comprises a pair of faceplates (Col. 15, Lines 37-42 – note that “the user requires only one pair of earbuds 102,” inherently teaching a pair of left and right ear buds, each having a faceplate #116), wherein one of said pair of faceplates (116) configured to removably affix to said outer surface of said retaining body (110) configured to dispose within said concha of a left ear of said wearer, wherein one of said pair of faceplates (116) configured to removably affix to said outer surface of said retaining body (110) configured to dispose within said concha of a right ear of said wearer. With respect to claim 10, Parry teaches wherein said releasably engageable mateable parts (114/120) comprise a faceplate post (114) extending from said faceplate (116) and a retaining body closed end aperture (112A) extending inward of said retaining body outer face (outer face of #110), said faceplate post (114) configured to insert into said retaining body closed end aperture (112A) to removably affix said faceplate (116) to said retaining body (110). With respect to claim 17, Parry teaches wherein said faceplate (116) comprises a plurality of faceplates (116) interchangeably removably affixable with said retaining body outer surface (Col. 15, Lines 18-51). With respect to claim 18, Parry teaches wherein each of said plurality of faceplates (116) having a faceplate outer surface inherently having the same visual appearance (Col. 15, Lines 18-51). With respect to claim 19, Parry teaches wherein each of said plurality of faceplates (116) having a faceplate outer surface inherently having different visual appearance (Col. 15, Lines 18-51). With respect to claim 20, Parry teaches wherein said visual appearance of said faceplate (116) outer surface comprises one or more of a color, a text, an image, a two dimensional design, a three dimensional structure (Col. 7, Lines 44-47; Col. 15, Lines 18-51). With respect to claim 21, Parry teaches wherein said projection element (106) integrally formed with said retaining body (110) (Col. 5, Line 57-Col. 6, Lines 51; Col. 12, Line 62-Col. 13, Lines 19). With respect to claim 22, Parry teaches wherein said projection element (106) and said retaining body (110) formed as a one-piece construct (Col. 5, Line 57-Col. 6, Lines 51; Col. 12, Line 62-Col. 13, Lines 19). With respect to claim 23, Parry teaches wherein said earpiece tip (108) engages with said ear canal wall when said earpiece (102) is worn by said wearer (Col. 6, Lines 22-30). With respect to claim 24, Parry teaches wherein said earpiece tip (108) sealably engages with said ear canal wall when said earpiece (102) is worn by said wearer (Col. 6, Lines 22-30). With respect to claim 25, Parry teaches a faceplate (116), comprising: a faceplate (116) configured to removably affix to an outer face of a retaining body (110) of said earpiece (102), said retaining body (110) configured to dispose within the concha of an ear of a wearer (seen in Figures 2A-B). With respect to claim 26, Parry teaches wherein, said retaining body (110) having a retaining body inner face (face of #110 connected to portion #104) opposite said retaining body outer face (face of #110 surrounding region #112) extending to a retaining body periphery (periphery of #110), said retaining body inner face including a projection element (106) configured to project into an ear canal opening of said wearer upon disposing said retaining body within said concha (seen in Figures 2A-B), said projection element (106) adapted to retain an earpiece tip (108) configured to engage an ear canal wall of said wearer; and said retaining body (110) and said faceplate (116) including releasably engageable mateable parts (140/120) to removably affix said faceplate (116) to said retaining body (110). Claims 1-7, 10-11, 17-21 and 23-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (11,425,479). With respect to claim 1, Liu teaches an earpiece (Figures 1-9E, #100), comprising: a retaining body (106/102) configured to dispose within the concha of an ear of a wearer (seen in Figures 3A-B), said retaining body (106/102) having a retaining body outer face (306) opposite a retaining body inner face (face of body portion opposite 106 and comprising portion 114 extending therefrom) extending to a retaining body periphery (102A/106A), said retaining body inner face including a projection element (114) configured to project into an ear canal opening of said wearer upon disposing said retaining body within said concha (seen in Figures 3A-B; Col. 4, Lines 47-51), said projection element (114) adapted to retain an earpiece tip (defined by tip out surface of #114) configured to engage an ear canal wall of said wearer (Col. 5, Lines 54-67); and a faceplate (302) configured to cover said retaining body outer face of said retaining body (106/102), said retaining body (106/102) and said faceplate (302) including releasably engageable mateable parts (320/304) to removably affix said faceplate (302) to said retaining body (106/102). With respect to claim 2, Liu teaches wherein said retaining body (106/102) configured to dispose within said concha of a left ear of said wearer (See Figures 3A-B). It is considered to be inherent and well known that the in-ear audio device #100 can be disposed in a user’s left or right ear. With respect to claim 3, Liu teaches wherein said retaining body (106/102) configured to dispose within said concha of a right ear of said wearer (See Figures 3A-B). It is considered to be inherent and well known that the in-ear audio device #100 can be disposed in a user’s left or right ear. With respect to claim 4, Liu teaches wherein said earpiece/retaining body (100/106/102) comprise a pair of earpieces/retaining bodies (100/106/102), wherein one of said pair of earpieces/retaining bodies (100/106/102) configured to dispose within said concha of a left ear of said wearer (See Figures 3A-B), wherein one of said pair of earpieces/retaining bodies (100/106/102) configured to dispose within said concha of a right ear of said wearer (See Figures 3A-B). It is considered to be inherent and well known that the in-ear audio device #100 can be disposed in a user’s left or right ear. With respect to claim 5, Liu teaches wherein said faceplate (302) configured to removably affix to said outer surface of said retaining body (106/102) configured to dispose within said concha of a left ear of said wearer (See Figures 3A-B). It is considered to be inherent and well known that the in-ear audio device #100 can be disposed in a user’s left or right ear. With respect to claim 6, Liu teaches wherein said faceplate (302) configured to removably affix to said outer surface of said retaining body (106/102) configured to dispose within said concha of a right ear of said wearer (See Figures 3A-B). It is considered to be inherent and well known that the in-ear audio device #100 can be disposed in a user’s left or right ear. With respect to claim 7 Liu teaches wherein said faceplate (302) inherently comprises a pair of faceplates (i.e. one for an in ear device for each of a user’s left and right ears as is inherent and well known), wherein one of said pair of faceplates (302) configured to removably affix to said outer surface of said retaining body (106/102) configured to dispose within said concha of a left ear of said wearer (See Figures 3A-B), wherein one of said pair of faceplates (302) configured to removably affix to said outer surface of said retaining body (106/102) configured to dispose within said concha of a right ear of said wearer (See Figures 3A-B). It is considered to be inherent and well known that the in-ear audio device #100 can be disposed in a user’s left or right ear. With respect to claim 10, Liu teaches wherein said releasably engageable mateable parts (320/304) comprise a faceplate post (320) extending from said faceplate (302) and a retaining body closed end aperture (314/318) extending inward of said retaining body outer face (306), said faceplate post (320) configured to insert into said retaining body closed end aperture (314/318) to removably affix said faceplate (302) to said retaining body (106/102). With respect to claim 11, Liu teaches wherein said faceplate post (320) terminates in a barb (Figure 7, portion labeled as #324) extending circumferentially around said faceplate post (320). With respect to claim 17, Liu teaches wherein said faceplate (302) comprises a plurality of faceplates (302) interchangeably removably affixable with said retaining body outer surface (Col. 2, Lines 19-50; Col. 13, Lines 25-67). With respect to claim 18, Liu teaches wherein each of said plurality of faceplates (302) having a faceplate outer surface inherently having the same visual appearance (Col. 2, Lines 19-50; Col. 13, Lines 25-67). With respect to claim 19, Liu teaches wherein each of said plurality of faceplates (302) having a faceplate outer surface inherently having different visual appearance (Col. 2, Lines 19-50; Col. 13, Lines 25-67). With respect to claim 20, Liu teaches wherein said visual appearance of said faceplate (302) outer surface comprises one or more of a color, a text, an image, a two dimensional design, a three dimensional structure ((Col. 2, Lines 19-50; Col. 13, Lines 25-67). With respect to claim 21, Liu teaches wherein said projection element (114) integrally formed with said retaining body (106/102) (Col. 6, Line 50-67; Col. 7, Line 51-55). With respect to claim 23, Liu teaches wherein said earpiece tip (114) engages with said ear canal wall when said earpiece (100) is worn by said wearer (Col. 7, Line 51-55). With respect to claim 24, Liu teaches wherein said earpiece tip (108) sealably engages with said ear canal wall when said earpiece (102) is worn by said wearer (Col. 5, Lines 54-67). With respect to claim 25, Liu teaches a faceplate (302), comprising: a faceplate (302) configured to removably affix to an outer face of a retaining body (106/102) of said earpiece (100), said retaining body (106/102) configured to dispose within the concha of an ear of a wearer (seen in Figures 3A-B). With respect to claim 26, Liu teaches wherein, said retaining body (106/102) having a retaining body inner face (f face of body portion opposite 106 and comprising portion 114 extending therefrom) opposite said retaining body outer face (306) extending to a retaining body periphery (102A/106A), said retaining body inner face including a projection element (114) configured to project into an ear canal opening of said wearer upon disposing said retaining body within said concha (seen in Figures 3A-B; Col. 4, Lines 47-51), said projection element (114) adapted to retain an earpiece tip (defined by tip out surface of #114) configured to engage an ear canal wall of said wearer (Col. 5, Lines 54-67); and said retaining body (106/102) and said faceplate (302) including releasably engageable mateable parts (320/304) to removably affix said faceplate (302) to said retaining body (106/102). Claims 1-8, 14-20 and 23-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tang (2017/0026738). With respect to claim 1, Tang teaches an earpiece (Figures 1-2B, #10), comprising: a retaining body (27) configured to dispose within the concha of an ear of a wearer in the same way as Applicant’s ([0015]), said retaining body (27) having a retaining body outer face (defined by upper facing surface of #29 adjacent/engaging with tab #33) opposite a retaining body inner face (defined by lower facing surface of #29, opposite tab #33) extending to a retaining body periphery (defined by periphery of 27 surrounding speaker assembly #25), said retaining body inner face including a projection element (defined by housing portion #21 sound channel #24) configured to project into an ear canal opening of said wearer upon disposing said retaining body within said concha, said projection element (21/24) adapted to retain an earpiece tip (26) configured to engage an ear canal wall of said wearer; and a faceplate (33) configured to cover said retaining body outer face of said retaining body (27), said retaining body (27) and said faceplate (33) including releasably engageable mateable parts (defined by cavities in #29 accommodating legs #31) to removably affix said faceplate (302) to said retaining body (27). With respect to claim 2, Tang teaches wherein said retaining body (27) configured to dispose within said concha of a left ear of said wearer ([0015]). It is considered to be inherent and well known that the earbud #10 can be disposed in a user’s left or right ear. Further, Figures 1a-e appear to show left/right earbud pairs. With respect to claim 3, Tang teaches wherein said retaining body (27) configured to dispose within said concha of a right ear of said wearer ([0015]). It is considered to be inherent and well known that the earbud #10 can be disposed in a user’s left or right ear. Further, Figures 1a-e appear to show left/right earbud pairs. With respect to claim 4, Tang teaches wherein said earpiece/retaining body (10/27) comprise a pair of earpieces/retaining bodies (10/27), wherein one of said pair of earpieces/retaining bodies (10/27) configured to dispose within said concha of a left ear of said wearer, wherein one of said pair of earpieces/retaining bodies (10/27) configured to dispose within said concha of a right ear of said wearer (10/27) ([0015]). It is considered to be inherent and well known that the earbud #10 can be disposed in a user’s left or right ear. Further, Figures 1a-e appear to show left/right earbud pairs. With respect to claim 5, Tang teaches wherein said faceplate (33) configured to removably affix to said outer surface of said retaining body (27) configured to dispose within said concha of a left ear of said wearer ([0015]). It is considered to be inherent and well known that the earbud #10 can be disposed in a user’s left or right ear. Further, Figures 1a-e appear to show left/right earbud pairs. With respect to claim 6, Tang teaches wherein said faceplate (33) configured to removably affix to said outer surface of said retaining body (27) configured to dispose within said concha of a right ear of said wearer ([0015]). It is considered to be inherent and well known that the earbud #10 can be disposed in a user’s left or right ear. Further, Figures 1a-e appear to show left/right earbud pairs. With respect to claim 7, Tang teaches wherein said faceplate (33) inherently comprises a pair of faceplates (i.e. one for an earbud for each of a user’s left and right ears as is inherent and well known, and seen in Figures 1a-e), wherein one of said pair of faceplates (33) configured to removably affix to said outer surface of said retaining body (27) configured to dispose within said concha of a left ear of said wearer, wherein one of said pair of faceplates (33) configured to removably affix to said outer surface of said retaining body (27) configured to dispose within said concha of a right ear of said wearer ([0015]). It is considered to be inherent and well known that the earbud #10 can be disposed in a user’s left or right ear. Further, Figures 1a-e appear to show left/right earbud pairs. With respect to claim 8, Tang teaches wherein said releasably engageable mateable parts comprise (29/31) a faceplate plug (31) extending from said faceplate (33) and a retaining body aperture (defined by cavities in # 29 receiving leg components #31) defined by an aperture wall (walls defining openings though #29 and accommodating legs #31), said retaining body aperture (29) open between said retainer body outer face and said retaining body inner face (clearly see as legs #31 pass through from outer side to inner side), said faceplate plug (33) configured to insert into said retainer body aperture (29) to engage said aperture wall to removably affix said faceplate (33) to said retaining body (27). With respect to claim 14, Tang teaches wherein said faceplate (33) has a faceplate inner face (surface of #33 having legs #31) opposite a faceplate outer face (surface of #33 facing an exterior of earbud #10) extending to a faceplate periphery (clearly seen in Figures 2a-c), wherein said releasably engageable mateable parts (31) of said faceplate extend from said faceplate inner surface. With respect to claim 15, Tang teaches wherein said faceplate periphery (periphery of #33) configured to generally match said retaining body periphery (periphery of #27). With respect to claim 16, Tang teaches wherein said faceplate outer surface (surface of #33 facing an exterior of earbud #10) generally flat. With respect to claim 17, Tang teaches wherein said faceplate (33) comprises a plurality of faceplates (33) interchangeably removably affixable with said retaining body outer surface ([0010]-[0011], [0015]-[0016]). With respect to claim 18, Tang teaches wherein each of said plurality of faceplates (33) having a faceplate outer surface inherently having the same visual appearance ([0010]-[0011], [0015]-[0016]). With respect to claim 19, Tang teaches wherein each of said plurality of faceplates (33) having a faceplate outer surface inherently having different visual appearance ([0010]-[0011], [0015]-[0016]). With respect to claim 20, Tang teaches wherein said visual appearance of said faceplate (33) outer surface comprises one or more of a color, a text, an image, a two dimensional design, a three dimensional structure ([0010]-[0011], [0015]-[0016]). With respect to claim 23, Tang teaches wherein said earpiece tip (26) inherently engages with said ear canal wall when said earpiece (10) is worn by said wearer. With respect to claim 24, Tang teaches wherein said earpiece tip (26) inherently sealably engages with said ear canal wall when said earpiece (10) is worn by said wearer as is well known in the art With respect to claim 25, Tang teaches a faceplate (33), comprising: a faceplate (33) configured to removably affix to an outer face of a retaining body (27) of said earpiece (10), said retaining body (27) configured to dispose within the concha of an ear of a wearer ([0015]). With respect to claim 26, Tang teaches wherein said retaining body (27) having a retaining body inner face (defined by lower facing surface of #29, opposite tab #33) opposite said retaining body outer face (defined by upper facing surface of #29 adjacent/engaging with tab #33) extending to a retaining body periphery (defined by periphery of 27 surrounding speaker assembly #25), said retaining body inner face including a projection element (defined by housing portion #21 sound channel #24) configured to project into an ear canal opening of said wearer upon disposing said retaining body within said concha in the same way as Applicant’s ([0015]), said projection element (21/24) adapted to retain an earpiece tip (26) configured to engage an ear canal wall of said wearer; and said retaining body (27) and said faceplate (33) including releasably engageable mateable parts (defined by cavities in #29 accommodating legs #31) to removably affix said faceplate (302) to said retaining body (27). 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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tang (2017/0026738). With respect to claim 9, Tang teaches the earpiece of claim 8. Tang teaches wherein said faceplate plug (31) comprise a plug terminating in a shoulder (defined by lower body of legs #31, the shoulder allowing the legs #31 to snap of click into cavities in #29), said shoulder passes through said retaining body aperture (aperture through #29) to engage said retaining body inner face (defined by lower facing surface of #29, opposite tab #33). Tang fails to explicitly teach wherein the plug is a cylindrical plug terminating in a radially extending annular shoulder. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein the plug is a cylindrical plug terminating in a radially extending annular shoulder, since it has been held by the courts that a change in shape or configuration, without any criticality, is nothing more than one of numerous shapes that one of ordinary skill in the art will find obvious to provide based on the suitability for the intended final application. See In re Dailey, 149 USPQ 47 (CCPA 1976). It appears that the disclosed device would perform equally well shaped as disclosed by Tang. In this case, the legs of Tang are only shown in a cross-sectional view so the shape is unclear, but selecting a cylindrical shape for the legs would have been obvious to one or ordinary skill in the art. Potential Allowable Subject Matter In the event that the 112b rejection of claim 1 discussed above is overcome, claims 12-13 will be 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. Pertinent arts of record relating to Applicant’s disclosure are disclosed in the PTO-892. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY AUSTIN LUKS whose telephone number is (571)272-2707. The examiner can normally be reached Monday-Friday (9:00-5:00). 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, Dedei Hammond can be reached at (571) 270-7938. 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. /JEREMY A LUKS/Primary Examiner, Art Unit 2837
Read full office action

Prosecution Timeline

Jun 25, 2024
Application Filed
Mar 04, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
95%
With Interview (+21.8%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 1149 resolved cases by this examiner. Grant probability derived from career allow rate.

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