Prosecution Insights
Last updated: April 19, 2026
Application No. 18/891,784

ROLLER TOP STACKER

Non-Final OA §103§112
Filed
Sep 20, 2024
Examiner
TRAN, DIEM M
Art Unit
3654
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
BALLYMORE COMPANY, INC.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 8m
To Grant
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
516 granted / 649 resolved
+27.5% vs TC avg
Moderate +14% lift
Without
With
+13.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
25 currently pending
Career history
674
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
36.5%
-3.5% vs TC avg
§102
40.3%
+0.3% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 649 resolved cases

Office Action

§103 §112
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 . This is the First Office Action on the merits of Application No. 18/891784, filed on 06/14/2024. Claims 1-10 are still pending in the application. 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 6-10 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 6 recites the limitation "the boom assembly" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 103 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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent No. 5,088,585 to Lambert in view of US Patent No. 3,406,849 to Warren (henceforth referred to as Lambert and Warren, respectively). Regarding claims 1-5, Lambert teaches a roller top stacker comprising: a roller top assembly (i.e. Fig. 3); a drive assembly (i.e. Fig. 3, ref. 32) for raising roller top assembly between a raised (i.e. Fig. 2) and a lowered position (i.e. Fig. 1); the roller top assembly having a top surface (i.e. See Mark up of Fig. 1) comprising a pattern of openings (i.e. Fig. 2, ref. 10) through which rollerballs (i.e. Fig. 2, ref. 20) protrude when in a raised position (i.e. Fig. 2) and in a lowered position (i.e. Fig. 1) which the rollerballs do not protrude. Wherein roller top assembly comprises a moveable assembly (i.e. Fig. 1-Fig. 2, ref. 18) on which the rollerballs are mounted and which travels vertically between the raised and lowered positions, a sled (i.e. Fig. 1-Fig. 2, ref. 22) that is movable horizontally within a base (i.e. See Mark up of Fig. 2). Wherein the sled includes at least one ramp (i.e. Fig. 2, ref. 22) having and inclined portion and a horizontal portion (i.e. See Mark up of Fig. 1) and the moveable assembly comprises at least one wheel (i.e. Fig. 2, ref. 30) which engage with a respective ramp. Further comprising a linear actuator (i.e. Fig. 3, ref. 32) for moving the moveable assembly horizontally with the base, the linear actuator being connected to the sled. Wherein the top surface and the base form an enclosure for the sled and the movable assembly (i.e. See Mark up of Fig. 1). Lambert does not specifically teach a movable lift comprising a boom assembly mounted to the roller top assembly. However, using a movable lift with a retractable roller conveying system to lift cargo and move horizontally is well known in the material handling art. For example, Warren teaches a movable lift (i.e. Fig. 1, ref. 19) with a boom assembly (i.e. not referred but seen under ref. 18) that can lift cargo (i.e. Fig. 1, ref. 18) and be connected to a retractable roller conveyor (i.e. Fig. 2-Fig. 3) mounted to a floor of a truck for ease of transferring lifted cargo horizontally. It would have been obvious to one of ordinary skill in the art to use the movable lift as taught in Warren and connect it with the roller top assembly as taught in Lambert to aid material handlers in lifting heavy cargo vertically then moving heavy cargo horizontally into a truck and there would have been reasonable expectation of success. Regarding claims 6-10, Lambert teaches a roller top for a lift comprising: a roller top assembly (i.e. Fig. 3), the roller top assembly having a top surface (i.e. See Mark up of Fig. 1) comprising a pattern of openings (i.e. Fig. 2, ref. 10) through which rollerballs (i.e. Fig. 2, ref. 20) protrude when in a raised position (i.e. Fig. 2) and in a lowered position (i.e. Fig. 1) which the rollerballs do not protrude. Wherein roller top assembly comprises a moveable assembly (i.e. Fig. 1-Fig. 2, ref. 18) on which the rollerballs are mounted and which travels vertically between the raised and lowered positions, a sled (i.e. Fig. 1-Fig. 2, ref. 22) that is movable horizontally within a base (i.e. See Mark up of Fig. 2). Wherein the sled includes at least one ramp (i.e. Fig. 2, ref. 22) having and inclined portion and a horizontal portion (i.e. See Mark up of Fig. 1) and the moveable assembly comprises at least one wheel (i.e. Fig. 2, ref. 30) which engage with a respective ramp. Further comprising a linear actuator (i.e. Fig. 3, ref. 32) for moving the moveable assembly horizontally with the base, the linear actuator being connected to the sled. Wherein the top surface and the base form an enclosure for the sled and the movable assembly (i.e. See Mark up of Fig. 1). Lambert does not specifically teach a lift with a boom assembly mounted to the roller top assembly. However, using a movable lift with a retractable roller conveying system to lift cargo and move horizontally is well known in the material handling art. For example, Warren teaches a movable lift (i.e. Fig. 1, ref. 19) with a boom assembly (i.e. not referred but seen under ref. 18) that can lift cargo (i.e. Fig. 1, ref. 18) and be connected to a retractable roller conveyor (i.e. Fig. 2-Fig. 3) mounted to a floor of a truck for ease of transferring lifted cargo horizontally. It would have been obvious to one of ordinary skill in the art to use the movable lift as taught in Warren and connect it with the roller top assembly as taught in Lambert to aid material handlers in lifting heavy cargo vertically then moving heavy cargo horizontally into a truck and there would have been reasonable expectation of success. PNG media_image1.png 299 496 media_image1.png Greyscale Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent No. 3,243,029 to Oliver teaches a retractable roller conveyor with ramps; US Patent No. 3,447,665 to Egeland et al teaches a retractable roller pallet; US Patent No. 4,911,279 to Thunissen teaches a retractable roller conveyor; CN 116853990 teaches a fork with rollers; FR 2928610 to Marchesini et al teaches a retractable roller conveyor with ramps; WO 2004/037704 to Marceli teaches a retractable roller conveyor with ramps. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIEM M TRAN whose telephone number is (571)270-7825. The examiner can normally be reached M 9-5, W-F 10-2. 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, Michael Mansen can be reached at 571-272-6608. 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. /DIEM M TRAN/Examiner, Art Unit 3654
Read full office action

Prosecution Timeline

Sep 20, 2024
Application Filed
Nov 14, 2025
Non-Final Rejection — §103, §112 (current)

Precedent Cases

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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
80%
Grant Probability
93%
With Interview (+13.6%)
2y 8m
Median Time to Grant
Low
PTA Risk
Based on 649 resolved cases by this examiner. Grant probability derived from career allow rate.

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