Prosecution Insights
Last updated: October 04, 2026
Application No. 19/105,187

MATERIAL-RECEIVING DEVICE FOR A SUCTION EXCAVATOR, AND SUCTION EXCAVATOR HAVING SAID MATERIAL-RECEIVING DEVICE

Non-Final OA §112
Filed
Feb 20, 2025
Priority
Aug 23, 2022 — DE 10 2022 121 226.2 +1 more
Examiner
PEZZUTO, ROBERT ERIC
Art Unit
Tech Center
Assignee
Rsp GmbH & Co. Kg
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1114 granted / 1307 resolved
+25.2% vs TC avg
Moderate +10% lift
Without
With
+10.1%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
26 currently pending
Career history
1320
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
32.4%
-7.6% vs TC avg
§102
32.6%
-7.4% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1307 resolved cases

Office Action

§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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on February 20, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 1-11 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. In claim 1, line 6, “the same degree of freedom” appears to lack proper antecedent basis. In claim 1, line 10, “the last distal hinge joint” appears to lack proper antecedent basis. In claim 1, line 11, “the first hinge joint” appears to lack proper antecedent basis. In claim 1, line 13, applicant claims “the link”. There is a prior mention of a plurality of “links” (line 5) and it is unclear as to which specific “link” is being referred. The lack of clarity renders the claimed subject matter indefinite. Note: To refer to the “number of links” (line 5) as –a first link--, -a second link--, etc. and then to subsequently refer back to –said first link--, etc. as appropriate, would overcome the lack of clarity. In claim 3, line 2, “the two hinge joints” appears to lack proper antecedent basis. In claim 5, line 3, applicant employs the phrase “it being possible to attach”. As employed, the phrase is inherently unclear in that it is not known if the limitations following the phrase are being positively claimed as “attached”. The lack of clarity renders the claimed subject matter indefinite. Claims 2, 4 and 6-11 are rejected based on their claim dependencies. Allowable Subject Matter Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claims 2-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fesi et al. (USP 11,255,072) discloses an excavating device employing an articulated tube support. Wahlgren et al. (USPGPub 2023/0374751) discloses a dredging system having several hinged joints attaching allied links. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT ERIC PEZZUTO whose telephone number is (703)756-1320. The examiner can normally be reached Monday-Friday 7am-3:30pm. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph M. Rocca can be reached at 571-272-8971. 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. /ROBERT E PEZZUTO/Examiner, Art Unit 3671
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Prosecution Timeline

Feb 20, 2025
Application Filed
Aug 05, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12740508
LAWN MOWER
3y 7m to grant Granted Sep 22, 2026
Patent 12742315
EXCAVATING ASSEMBLY SYSTEM WITH COLLARED FASTENING SYSTEM
3y 6m to grant Granted Sep 22, 2026
Patent 12721266
CLEANING ASSEMBLY FOR A COMBINE HARVESTER
3y 3m to grant Granted Sep 01, 2026
Patent 12721256
LAWN MOWER
2y 5m to grant Granted Sep 01, 2026
Patent 12714030
CONTROLLING BALE WEIGHTS
2y 9m to grant Granted Aug 25, 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
85%
Grant Probability
95%
With Interview (+10.1%)
2y 1m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1307 resolved cases by this examiner. Grant probability derived from career allowance rate.

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