Prosecution Insights
Last updated: July 17, 2026
Application No. 19/210,933

ROUGH ROAD DETECTION

Non-Final OA §102
Filed
May 16, 2025
Priority
Jul 15, 2020 — provisional 63/052,291 +3 more
Examiner
TO, TOAN C
Art Unit
3614
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Fox Factory Inc.
OA Round
2 (Non-Final)
92%
Grant Probability
Favorable
2-3
OA Rounds
9m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 92% — above average
92%
Career Allowance Rate
916 granted / 1000 resolved
+39.6% vs TC avg
Minimal -4% lift
Without
With
+-3.6%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 12m
Avg Prosecution
11 currently pending
Career history
1011
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
21.0%
-19.0% vs TC avg
§102
48.4%
+8.4% vs TC avg
§112
13.7%
-26.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1000 resolved cases

Office Action

§102
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on April 22, 2026 has been entered. Information Disclosure Statement The information disclosure statement (IDS) submitted on April 22, 2026 was filed after the mailing date of the Notice of Allowance on April 6, 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Allowable Subject Matter Claims 1, and 4-11 are allowed. Claims 14-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Prosecution on the merits of this application is reopened on claim 12 is considered unpatentable for the reasons indicated below: the indicated allowability of claim 12 is withdrawn in view of the newly discovered reference to Galasso (U.S. 2013/0144489). Rejections based on the newly cited reference(s) follow. 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)(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 12 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Galasso (U.S. 2013/0144489) as cited by applicant in IDS filed April 22, 2026. Galasso discloses a system comprising: a sensor data receiver (65) configured to receive sensor data (acceleration) from one or more sensors (5), said sensor data is indicative of a terrain traversed by a vehicle; a sensor data evaluator (310) configured to: utilize an acceleration data from said received sensor data to determine a derivative of acceleration (see paragraph 0045), Jerk and identify a terrain type (bump or dip) being traversed by said vehicle to obtain an identified terrain type; and obtain a terrain appropriate set of operational values (rebound damping and compression settings) for at least one damping characteristic of a suspension (shock absorbers) of said vehicle based on said identified terrain type (bump or dip); and wherein said sensor data evaluator (310) is further configured to generate an adjustment command for said suspension (adjust damping for shock absorbers) based on said identified terrain type. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN C TO whose telephone number is (571)272-6677. The examiner can normally be reached 8-5, Monday-Friday. 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, JASON D SHANSKE can be reached at (571)270-5985. 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. /TOAN C TO/Primary Examiner, Art Unit 3614 June 6, 2026
Read full office action

Prosecution Timeline

May 16, 2025
Application Filed
Jan 23, 2026
Non-Final Rejection mailed — §102
Feb 18, 2026
Response Filed
Apr 22, 2026
Request for Continued Examination
Apr 28, 2026
Response after Non-Final Action
Jun 10, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12679159
SYSTEMS AND METHODS FOR VEHICLE CONTROL USING TERRAIN-BASED LOCALIZATION
3y 0m to grant Granted Jul 14, 2026
Patent 12679161
METHODS AND APPARATUS FOR OPERATING VEHICLES INCLUDING CONTINUOUSLY CONTROLLED DAMPING SYSTEMS
1y 2m to grant Granted Jul 14, 2026
Patent 12654505
SUSPENSION ACTUATOR SYSTEM FOR A VEHICLE
2y 3m to grant Granted Jun 16, 2026
Patent 12654507
APPARATUS FOR ADJUSTING VEHICLE HEIGHT
1y 1m to grant Granted Jun 16, 2026
Patent 12650166
VEHICLE DRIVE DEVICE
1y 3m to grant Granted Jun 09, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

2-3
Expected OA Rounds
92%
Grant Probability
88%
With Interview (-3.6%)
1y 12m (~9m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1000 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month