Prosecution Insights
Last updated: October 01, 2026
Application No. 18/890,108

WORK TOOL VIBRATION SYSTEM, APPARATUS, AND METHOD

Non-Final OA §102
Filed
Sep 19, 2024
Priority
Apr 29, 2024 — provisional 63/640,044
Examiner
REFAI, RAMSEY
Art Unit
Tech Center
Assignee
Deere & Company
OA Round
1 (Non-Final)
51%
Grant Probability
Moderate
1-2
OA Rounds
1y 12m
Est. Remaining
63%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allowance Rate
339 granted / 668 resolved
-9.3% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
4y 0m
Avg Prosecution
16 currently pending
Career history
684
Total Applications
across all art units

Statute-Specific Performance

§101
28.7%
-11.3% vs TC avg
§103
27.7%
-12.3% vs TC avg
§102
24.5%
-15.5% vs TC avg
§112
15.5%
-24.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 668 resolved cases

Office Action

§102
DETAILED ACTION Response to Amendment Responsive to the claims filed December 2, 2024. Claims 1-20 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fletcher et al (US 2017/0002542). As per claim 1, Fletcher et al teach a utility vehicle for moving a material comprising: a frame including a first motion detection apparatus; a work tool movably coupled with an arm, where the arm is movably coupled with the frame; a second motion detection apparatus coupled with the work tool (see at least fig 2, paragraphs [0020, 0024-0027]); a vibration apparatus coupled with the work tool; and a controller in communication with the motion detection apparatus and the vibration apparatus, wherein the controller includes a processor and a memory having a work tool vibration algorithm stored thereon (see at least paragraphs [0007, 0034, 0049]), wherein the processor is operatable to execute the work tool vibration algorithm to: receive motion data from the motion detection apparatus, analyze the motion data to determine if the motion data represents a movement of the motion detection apparatus that drops below a threshold movement level, actuate the vibration apparatus to vibrate the work tool (see at least paragraphs [0031, 0034, 0049]). As per claim 2, Fletcher et al teach wherein analyzing the motion data to determine if the motion data represents a movement of the motion detection apparatus drops below a threshold movement level includes analyzing a commanded cylinder velocity with a delivered cylinder velocity (see at least paragraphs [0031, 0049], fig 5). As per claim 3, Fletcher et al teach wherein the tool comprises a bucket (see at least fig 1). As per claim 4, Fletcher et al teach wherein the vibration apparatus comprises a hydraulic cylinder commanded to oscillate to alternate between extension and retraction (see at least paragraphs [0032, 0040-0042]). As per claim 5, Fletcher et al teach wherein the vibration apparatus comprises an electric actuator (non-functional descriptive language, however, see at least paragraphs [0015, 0018, 0025]). The limitation is non-functional descriptive language that does not actively recite a function and therefore does not add any meaningful limitations to the scope of the claim. “A claim term is functional when it recites a feature by what it does not what it is" (MPEP 2173.05g). Non-functional descriptive material does not impart a patentable distinction to a claim. Patentable weight will only be given when such descriptive material has a functional relationship to the substrate (MPEP 2111.05). As per claim 6, Fletcher et al teach wherein the motion detection apparatus comprises an inertial measurement unit (IMU) (non-functional descriptive language). The limitation is non-functional descriptive language that does not actively recite a function and therefore does not add any meaningful limitations to the scope of the claim. “A claim term is functional when it recites a feature by what it does not what it is" (MPEP 2173.05g). Non-functional descriptive material does not impart a patentable distinction to a claim. Patentable weight will only be given when such descriptive material has a functional relationship to the substrate (MPEP 2111.05). As per claim 7, Fletcher et al teach wherein the pressure sensor is coupled with a hydraulic cylinder coupled with the work tool (non-functional descriptive language, however, see fig 2). The limitation is non-functional descriptive language that does not actively recite a function and therefore does not add any meaningful limitations to the scope of the claim. “A claim term is functional when it recites a feature by what it does not what it is" (MPEP 2173.05g). Non-functional descriptive material does not impart a patentable distinction to a claim. Patentable weight will only be given when such descriptive material has a functional relationship to the substrate (MPEP 2111.05). As per claim 8, Fletcher et al teach wherein the motion detection apparatus comprises a pressure sensor (non-functional descriptive language, however, see at least paragraph [0020]). The limitation is non-functional descriptive language that does not actively recite a function and therefore does not add any meaningful limitations to the scope of the claim. “A claim term is functional when it recites a feature by what it does not what it is" (MPEP 2173.05g). Non-functional descriptive material does not impart a patentable distinction to a claim. Patentable weight will only be given when such descriptive material has a functional relationship to the substrate (MPEP 2111.05). Claims 9-20 contain similar limitations as the claims above and therefore are rejected under the same rationale. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ramsey Refai whose telephone number is (313)446-4867. The examiner can normally be reached M-F 9am-5pm 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, Kito Robinson can be reached at (571) 270-3921. 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. RAMSEY REFAI Primary Examiner Art Unit 3664 /RAMSEY REFAI/Primary Examiner, Art Unit 3664
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Prosecution Timeline

Sep 19, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102 (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
51%
Grant Probability
63%
With Interview (+12.3%)
4y 0m (~1y 12m remaining)
Median Time to Grant
Low
PTA Risk
Based on 668 resolved cases by this examiner. Grant probability derived from career allowance rate.

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