Prosecution Insights
Last updated: October 04, 2026
Application No. 19/178,518

TOP TOY

Non-Final OA §112
Filed
Apr 14, 2025
Priority
Jul 01, 2024 — JP 2024-106274
Examiner
BERONA, KIMBERLY SUE
Art Unit
3647
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Tomy Company, Ltd.
OA Round
1 (Non-Final)
34%
Grant Probability
At Risk
1-2
OA Rounds
1y 6m
Est. Remaining
42%
With Interview

Examiner Intelligence

Grants only 34% of cases
34%
Career Allowance Rate
138 granted / 408 resolved
-18.2% vs TC avg
Moderate +8% lift
Without
With
+7.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
9 currently pending
Career history
416
Total Applications
across all art units

Statute-Specific Performance

§101
5.2%
-34.8% vs TC avg
§103
47.9%
+7.9% vs TC avg
§102
19.7%
-20.3% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 408 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 . 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. Claim 3 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. With regards to claim 3, the limitation at line 2 recites “a shaft unit” however, a shaft unit has previously been recited in claim 1. It is unclear as to whether this is the same shaft unit or a separate shaft unit as has previously been claimed. If it is directed to the previously claimed shaft unit, it is unclear as to how the lower rotator constitutes the shaft unit per claim 3 when claim 1, line 5 recites “the shaft unit being attached to the lower and upper rotators”. If the lower rotator constitutes the shaft unit, per claim 3, it is questioned how is the lower rotator then attached to itself? Allowable Subject Matter Claims 1, 2 and 4-7 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The prior art fails to teach or render obvious the invention as claimed. In particular, the prior art does not appear to teach or fairly disclose the lower rotator and upper rotator relatively rotate to be in contact with the first engagement portion from a radial direction of the axis with at least one of the first and second engagement portions having elasticity such that deformation is caused due to sliding contact with each other when rotated relative from the first position to the second position. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please reference documents cited on attached Notice of References Cited. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY BERONA whose telephone number is (571)272-6909. The examiner can normally be reached Monday-Thursday 7am-5pm. 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. KIMBERLY BERONA Supervisory Patent Examiner Art Unit 3647 /KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
Read full office action

Prosecution Timeline

Apr 14, 2025
Application Filed
Aug 31, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12722945
Forestry Winch
3y 5m to grant Granted Sep 01, 2026
Patent 12721250
AUTOMATIC HEADER LATCH
3y 3m to grant Granted Sep 01, 2026
Patent 12697560
Improved Launcher Having Elongated Post for Holding and Launching Multiple Spinning Toys at the Same Time
2y 3m to grant Granted Aug 04, 2026
Patent 12688766
AUTHORIZATION SYSTEM FOR INTEGRATED FEATURE OF SUPPORT APPARATUS
3y 8m to grant Granted Jul 21, 2026
Patent 12616909
MODEL VEHICLE WING MOUNTING SYSTEM
2y 7m to grant Granted May 05, 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
34%
Grant Probability
42%
With Interview (+7.7%)
3y 0m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 408 resolved cases by this examiner. Grant probability derived from career allowance rate.

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