Prosecution Insights
Last updated: July 17, 2026
Application No. 18/909,139

Picnic Table Assembly

Non-Final OA §102§103
Filed
Oct 08, 2024
Priority
Mar 01, 2024 — provisional 63/560,372
Examiner
NELSON JR, MILTON
Art Unit
3636
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Clark Core Services LLC
OA Round
2 (Non-Final)
85%
Grant Probability
Favorable
2-3
OA Rounds
2m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1576 granted / 1862 resolved
+32.6% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
28 currently pending
Career history
1888
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
36.1%
-3.9% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
47.7%
+7.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1862 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 . 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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (US11540622). Note a table comprising: a top portion (1010); a frame (front, middle, and rear transverse members of 1002, as shown in Figure 10B) positioned under the top portion; a stabilizing structure (1030, 1030) coupled to the frame and having a pair of legs (1050, 1050), each leg having a joint (1060); and a pair of planks (1020, 1022), each plank coupled to a leg of the pair of legs, the joint transitions each of the planks to rotate inwards towards a central inner surface (1014) of the top portion, an inner surface of the plank and the inner surface of the top portion become adjacent permitting the table to be in a closed position (Figure 10I), in transition from the closed position to an open position (Figure 10A), each leg of the pair of legs maintains a consistent fixed length. Regarding claim 2, note the top portion includes a cradle (space between the longitudinal left and right side members of 1002) formed on the inner surface of the top portion. See Figure 10B. Regarding claim 3, note the frame is positioned within the cradle. See Figure 10B Regarding claim 4, note the frame further includes at least one brace (front and/or rear and/or one of the middle transverse members, as shown in Figure 10B). Regarding claim 5, note the at least one brace extends across a width of the frame. See Figure 10B. Regarding claim 6, note the pair of legs extend from the brace (front and rear transverse members). Regarding claim 7, note each leg includes a horizontal member (1051) and a vertical member (note adjacent 1074, as shown in Figure 10B). Regarding claim 8, note each joint is positioned on the horizontal member of the leg. See Figures 10A-10B. Regarding claim 9, note each plank includes a cradle (1004) formed on the inner surface of the plank. Regarding claim 10, note each plank includes a frame (1072) positioned within the cradle. Claim(s) 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (US11540622). Note a table comprising: a planar member (1010) having a frame (transverse cross members) coupled to an inner surface of the planar member; a pair of planks (1020, 1022); a pair of legs (1050, 1050), each leg coupled (by 1041, 1040) at one end to the frame and at a second end to a plank of the pair of planks (see Figure 10B), each leg unattached to its counter-part leg, each leg having a joint (1060), the joint permitting rotation of the plank from an open position (Figure 10A) to a closed position (Figure 10I), in the open position each plank extends away from the planar member, in the closed position, an inner surface of the plank and the inner surface of the planar member are adjacent, in transition from the closed position to the open position, each leg of the pair of legs maintains a consistent fixed length. Regarding claim 12, note in the closed position, a portion of the leg is positioned within a cradle (space between 1002) of the planar member and within a cradle (space between 1004) of the plank. See Figure 10G. Regarding claim 13, note the frame includes a plurality of braces (see Figure 10B) extending across its width. Regarding claim 14, note the plank further includes a frame (transverse members of 1004, as shown in Figure 10B) positioned within the cradle of the plank. 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(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US11540622) in view of Zhurong et al (US7055899). The primary reference shows all claimed features of the instant invention with the exception of the planar member further including a plurality of handles. The secondary reference teaches configuring a planar member (D) as including a plurality of handles (14). It would have been obvious to one having ordinary skill in the pertinent art before the effective filing date of the instant invention to modify the primary reference in view of the teachings of the secondary reference by adding a plurality of handles to the planar member. This modification enhances ease of transport of the assembly. Response to Amendment/Arguments Applicant’s response filed May 5, 2026 has been fully considered. Remaining issues are described above. Arguments with regards to the previously provided prior art rejections are now moot in view of new grounds of rejections, as necessitated by amendment. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MILTON NELSON JR whose telephone number is (571)272-6861. The examiner can normally be reached M-F 5:30am-1:30pm. 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. 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. mn /MILTON NELSON JR/June 26, 2026 Primary Examiner, Art Unit 3636
Read full office action

Prosecution Timeline

Oct 08, 2024
Application Filed
Mar 11, 2026
Non-Final Rejection mailed — §102, §103
May 05, 2026
Response Filed
Jun 30, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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RECLINING ARMCHAIR WITH LIFTING SEAT AND EXTENDING FOOTREST
3y 3m to grant Granted Jul 14, 2026
Patent 12679255
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3y 0m to grant Granted Jul 14, 2026
Patent 12679261
SEAT ASSEMBLY
2y 7m to grant Granted Jul 14, 2026
Patent 12677963
INFANT CARE APPARATUS
2y 3m to grant Granted Jul 14, 2026
Patent 12673591
MODULAR VEHICLE SEAT AND PLATFORM ASSEMBLIES
2y 9m to grant Granted Jul 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
85%
Grant Probability
90%
With Interview (+5.6%)
1y 12m (~2m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1862 resolved cases by this examiner. Grant probability derived from career allowance rate.

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