Prosecution Insights
Last updated: April 19, 2026
Application No. 18/852,608

MECHANICAL EJECTOR

Non-Final OA §102§103
Filed
Sep 30, 2024
Examiner
LUK, EMMANUEL S
Art Unit
1744
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Merkle Portugal Unipessoal Lda
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
98%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
726 granted / 1020 resolved
+6.2% vs TC avg
Strong +26% interview lift
Without
With
+26.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
41 currently pending
Career history
1061
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
56.2%
+16.2% vs TC avg
§102
15.9%
-24.1% vs TC avg
§112
16.2%
-23.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1020 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 . Claims 1-9 are pending. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10/8/2024 have been considered by the examiner. 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) 1-6 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BELLIARD (US 2017/0246770 A1). Re: 1, the EP3210746A1 reference teaches of a device, in particular an inclined ejector (see Figs. 6, 7, see element 26), for demolding a cast component (2) with an undercut from a casting mold for a casting process or an injection molding process with an ejector (see teaching of the ejector device and includes the inclined ejector and formation of undercut, see Figs. 6, 7), comprising: - an ejector head (28) with a profile which is complementary to the cast component (2) with the undercut and is mounted in a recess (Figs. 1, 6, 7) so as to be displaceable between a casting position and an ejection position (see Fig. 6) (see [0013] of the USPGPub document, wherein, allowing for separation to eject pieces of complex shape), - an ejector base (8, 10) movable in a translational direction; - a link chain (26), which mechanically connects the ejector head (28, 30) with the ejector base (8, 10) in order to implement a force and movement deflection, wherein the link chain (26) has a plurality of chain segments (see Figs. 3-5) engaging in one another in a longitudinal direction, which in particular have low backlash with respect to pull and push in the longitudinal direction and permit tilting relative to one another in at least a first transverse direction (see movement of the base 8, 10 that allows for push/pull of the link chains, and wherein, allow for tilting to one another, see Figs. 3-4). Re: 2 (upon 1), (see EP3210746 A1, see Figs. 1-4, see chain segments with heads, see also Fig. 5) wherein at least one of the chain segments (26) has one or two chain segment heads (50, 52) projecting opposite one another in the longitudinal direction, which engages without play/backlash with a correspondingly complementary chain segment head receptacle (see Fig. 5) of a further one of the chain segments (26), so that tilting of the chain segments (see Figs. 3-4) in only the first transverse direction is made possible. Re: 3 (upon 2), (see Figs. 3-5 of EP3210746 A1) wherein at least one of the engaging chain segments (26) has at least one chain segment head (52) projecting in the longitudinal direction, which is cylindrical in shape and has an at least partially segment-like, circular-cylindrical lateral surface, wherein a tapered chain segment neck (52) is provided with respect to the longitudinal direction, so that two engaging chain segments (see Figs. 3-5) are each held together by the engagement of one of the chain segment heads (52) in the corresponding chain segment head receptacle (see Fig. 5) and are pivotable with respect to the first transverse direction (see Figs. 3-4). Re: 4 (upon 3), (see Fig. 5 of EP3210746 A1) wherein the chain segment neck (52) is received in a chain segment head receptacle (see Figs. 3-4) with play/ backlash in the first transverse direction to allow tilting of the chain segments (see Figs. 3-5) by a predetermined angle. Re: 5 (upon 2), (see Figs. 3-4 of EP3210746 A1) wherein at least one of the chain segment heads (52) is arranged between two chain segment shoulders (see Fig. 5) extending in the first transverse direction and/or facing one another, wherein a chain segment head receptacle (see Fig. 5), in which the at least one chain segment head (52) is received, is arranged between two chain segment bases (see Fig. 5) extending in the first transverse direction and/or facing one another, the chain segment shoulders and chain segment bases facing one another and enclosing an angle within which tilting of the chain segments by a predetermined angle is possible. Re: 6 (upon 1), (see Figs. 3-4 of EP3210746 A1) wherein at least two of the engaging chain segments (see Fig. 5) are configured to be joined by inserting a chain segment head (52) of one of the chain segments (26) into a chain segment head receptacle (see Fig. 5) of a further chain segment (26) in a second transverse direction, in particular perpendicular to the first transverse direction. Re: 9 (upon 1), (see Figs. 3-4, element 4 that guides the chain of EP3210746 A1) wherein the link chain (26) is guided in a feed-through (38) and/or a guide (4) in order to redirect a force and movement acting on the ejector base (22, 10) to the ejector head (28, 30, 42) in the main demolding direction. 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. The factual inquiries 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. Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over BELLIARD as applied to claim 2 above, and further in view of JPS59-169829A (from IDS). Re: 7 (upon 2), wherein the chain segments have a circular cylindrical base body with respect to the longitudinal direction and an axial through-opening in the longitudinal direction, wherein a bendable fixing element is guided through the through-openings of the chain segments in order to hold the chain segment head of one of the chain segments in the corresponding chain segment head receptacle of the further chain segment. The BELLIARD reference fails to teach of the bendable fixing element that passes through the through openings of the chain segments. However, this concept is known in the mold ejector arts, as seen in the JP reference. Here, in the JP reference, see flexible piston rod 18 that extends through the members 19, see the through openings in the elements, and wherein, a bendable fixing element allows for push and pull through. It would have been obvious for one of ordinary skill in the art to have modified the chain links of BELLIARD with the bendable fixing element as taught by the JP reference as a known configuration for connecting the adjacent members of the segments in the push/pull operations in the mold, see under KSR, under MPEP2143, as this is seen as combining prior art elements according to known methods to yield predictable results. Re: 8 (upon 7), wherein the fixing element is additionally slidably mounted in the through openings in order to secure a base part of the link chain and the chain segments and a head part of the link chain against mutual shearing in the second transverse direction. (see JPS59-169829A of the fixing element as taught in Fig. 7 above.) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892 form, of particular note: HOONG (US 2015/0375427 A1) teaches of balls instead of the chain links. BELLIARD (US 2017/0246771 A1) teaches of the linkages. SUTTER (US 11400659 B2) teaches also of the linkages. BELLIARD (US 2023/0312876 A1) teaches of linkages. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMANUEL S LUK whose telephone number is (571)272-1134. The examiner can normally be reached Monday-Friday 9 to 5. 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, Xiao S Zhao can be reached at 571-270-5343. 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. /EMMANUEL S LUK/Primary Examiner, Art Unit 1744
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Prosecution Timeline

Sep 30, 2024
Application Filed
Jan 26, 2026
Non-Final Rejection — §102, §103 (current)

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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
71%
Grant Probability
98%
With Interview (+26.4%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 1020 resolved cases by this examiner. Grant probability derived from career allow rate.

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