Prosecution Insights
Last updated: October 04, 2026
Application No. 18/763,101

TURNING DEVICE

Non-Final OA §102§112
Filed
Jul 03, 2024
Priority
Jul 06, 2023 — EU 23183848.3
Examiner
BUCKLE JR, JAMES J
Art Unit
3633
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Ebawe Anlagentechnik GmbH
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
637 granted / 973 resolved
+13.5% vs TC avg
Moderate +15% lift
Without
With
+14.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
35 currently pending
Career history
992
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
43.9%
+3.9% vs TC avg
§102
31.2%
-8.8% vs TC avg
§112
20.0%
-20.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 973 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 Group I in the reply filed on 7/2/2026 is acknowledged. Claims 14-15 have been withdrawn. Claims 1-13 are pending and examined below. 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 1-13 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, line 6 recites “a first double-walled part”. However, the limitation was previously recited and introduced in the preamble. It is unclear if the Applicant intended to recite a new and different “first double-walled part” or refer to “the first double-walled part” previously established. The claims are examined as best understood. Regarding claims 4-10 and 12, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05. Claims are examined as best understood. 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) 1-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borcoman (U.S. Patent No. 4,259,050). Regarding claim 1, Borcoman discloses a turning device (Figs. 1-6) for the construction industry for fully automated turning in of a first double-walled part at least in some portions in a second double-walled part, the turning device comprising: at least one turning frame (C), wherein the first double-walled part can be arranged at least in some portions within the at least one turning frame (“two rows of molds”, Abstract), at least one drive unit (35) for the automated rotation of the at least one turning frame in a space, at least one fixing element (31, Col. 4, lines 39-42) arranged on the at least one turning frame, with which a first double-walled part arranged at least in some portions within the turning frame can be fixed relative to the at least one turning frame, and at least one controlling and/or regulating device (36, 37) for controlling the at least one drive unit, wherein the at least one fixing element is displaceably and/or pivotably attached to the at least one turning frame (via 38), wherein at least one actuating device (33) is provided, via which the at least one fixing element is displaceable and/or pivotable in an automated manner relative to the at least one turning frame (Col. 4, lines 39-42). The Examiner considers the bearings (33) to automatically control or facilitate movement. Regarding claim 2, Borcoman discloses the at least one controlling and/or regulating device (36, 37) is designed in such a way that the at least one actuating device (33) is controlled so that the at least one fixing element is displaced and/or pivoted relative to the at least one turning frame (Col. 4, lines 39-42). The Examiner considers the bearings (33) to automatically control or facilitate movement. Regarding claim 3, Borcoman discloses wherein at least one guide carriage (10) is arranged displaceably and/or pivotably on the at least one turning frame, wherein the at least one fixing element is arranged displaceably in or on the at least one guide carriage (Col. 4, lines 52-66). Regarding claim 4, Borcoman discloses wherein the at least one actuating device (33) has at least one actuating element (38). Regarding claim 5, Borcoman discloses the at least one actuating device comprises a gripping device, with which an at least temporarily motion-coupled connection can be produced between the at least one fixing element and the at least one actuating device (Cols. 4, lines 52-66). Regarding claim 6, Borcoman discloses the at least one actuating device is guided along a guide arranged next to the at least one turning frame (Col. 4, lines 52-66). Regarding claim 7, Borcoman discloses at least one additional drive device (D) is provided, via which the at least one actuating device and/or the at least one guide carriage is displaceable (Col. 4, lines 52-66) Regarding claim 8, Borcoman discloses the at least one controlling and/or regulating device (36, 37) is designed to control the at least one additional drive device in such a way that the at least one actuating device can be positioned on the at least one turning frame (Col. 4, lines 39-68). Regarding claim 9, Borcoman discloses a plurality of fixing elements (31). Regarding claim 10, Borcoman discloses the at least one turning frame (C) is arranged on a machine frame (4). Regarding claim 11, Borcoman discloses the displacing of the at least one fixing element (31) takes place in a plane parallel to a plane braced by the turning frame (C) (Figs. 4-5). Regarding claim 12, Borcoman discloses at least one first double-walled part (“two rows of molds”) arranged in the at least one turning frame (Col. 4, lines 39-42). Regarding claim 13, Borcoman discloses the first double-walled part (“two rows of molds”) comprises a fixed edge formwork (E) adjacent to the at least one turning frame (C). 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 JAMES J BUCKLE JR whose telephone number is (571)270-3739. The examiner can normally be reached Monday-Thursday, 8:00 am to 6:30pm EST. 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, Brian Glessner can be reached at 5712726754. 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. /JAMES J BUCKLE JR/Examiner, Art Unit 3633
Read full office action

Prosecution Timeline

Jul 03, 2024
Application Filed
Sep 23, 2026
Non-Final Rejection mailed — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12747573
DECK CONSTRUCTION SYSTEM
1y 12m to grant Granted Sep 29, 2026
Patent 12742331
DECORATIVE SHUTTERS WITH PACKAGING STRUCTURE
2y 2m to grant Granted Sep 22, 2026
Patent 12742323
Framing Assembly
2y 1m to grant Granted Sep 22, 2026
Patent 12735888
WALL FRAMING BRACKET AND ASSEMBLY
2y 11m to grant Granted Sep 15, 2026
Patent 12732134
APPARATUS AND METHOD FOR SOLAR ENERGY COLLECTOR
2y 10m to grant Granted Sep 08, 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
66%
Grant Probability
80%
With Interview (+14.9%)
2y 4m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 973 resolved cases by this examiner. Grant probability derived from career allowance rate.

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