Prosecution Insights
Last updated: April 17, 2026
Application No. 29/921,723

GAME BOARD

Non-Final OA §112
Filed
Dec 19, 2023
Examiner
PUJALS, ELISA MARIA
Art Unit
2942
Tech Center
2900
Assignee
unknown
OA Round
1 (Non-Final)
98%
Grant Probability
Favorable
1-2
OA Rounds
1y 8m
To Grant
95%
With Interview

Examiner Intelligence

Grants 98% — above average
98%
Career Allow Rate
124 granted / 127 resolved
+37.6% vs TC avg
Minimal -3% lift
Without
With
+-2.9%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 8m
Avg Prosecution
2 currently pending
Career history
129
Total Applications
across all art units

Statute-Specific Performance

§103
1.1%
-38.9% vs TC avg
§102
23.4%
-16.6% vs TC avg
§112
72.7%
+32.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 127 resolved cases

Office Action

§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. DETAILED OFFICE ACTION DRAWING OBJECTION The drawings are objected to because of the following informalities: 1. As required by 37 CFR 1.84(lowercase L), all drawings must be made by a process, which will give them satisfactory reproduction characteristics. Details of the design are lost when lines are not high quality, clear, and crisp. In order to correct, the quality of the drawings must be such that all details in the drawings are reproducible in the printed patent. FIG. 5 shows stray marks which go past the claimed design. In order to correct, the lines must end at the claimed design, as in the other drawings. The present drawing set has faint, rough, and grainy image quality which will not reproduce properly. In order to correct, the quality must be the same as the rest of the drawings. 2. Color drawings are permitted in design applications when filed in accordance with the requirements of 37 CFR 1.84(a)(2) . As an alternative to color drawings, surfaces of the design may be lined in accordance with the graphic symbols discussed in MPEP § 608.02 , subsection IX, to represent color in black and white line drawings ( 37 CFR 1.84(a)(1) ). See 37 CFR 1.84(n) . If the drawing in an application is lined for color, the following statement should be inserted in the specification for clarity and to avoid possible confusion that the lining may be surface treatment --The drawing is lined for color.-- However, lining entire surfaces of a design to show color(s) may interfere with a clear showing of the design as required by 35 U.S.C. 112(a) (or for applications filed prior to September 16, 2012, pre-AIA 35 U.S.C. 112 , first paragraph), as surface shading cannot be used simultaneously to define the contours of those surfaces. In order to correct, it must be clarified if the lines in color included in FIGS. 3 and 5 are lined for color as part of surface treatment or converted to black. CLAIM REJECTION - 35 USC § 112 (a) & (b) The claim is rejected under 35 U.S.C. 112(a) and (b) or pre-AIA 35 U.S.C. 112, first and second paragraphs, as the claimed invention is not described in such full, clear, concise and exact terms as to enable any person skilled in the art to make and use the same, and fails 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. The scope of a claim is definite only when it is supported by an enabling disclosure. When the scope of protection sought exceeds what is enabling in the disclosure, the claim is indefinite. The claim scope must be less than or equal to the scope of the enablement. The scope of enablement, in turn, is that which is disclosed in the specification and is understandable to a designer of ordinary skill in the art without resorting to conjecture. Specifically: 1) The claim is indefinite and non-enabled because the disclosure as shown in the drawings is unclear. The exact appearance of the GAME BOARD as shown in FIGS. 2-6 cannot be understood without resorting to conjecture because when scaled, the elements of the article do not align . Please refer to arrows in the next comparison drawings. The exact shape, appearance, and configuration are subject to multiple interpretations and cannot be determined without resorting to conjecture. When scaled, the board position does not align amongst the views. When scaled, the triangle position does not align amongst the views. When scaled, the angled panel end s prior to the floor in FIGS. 2-3, but FIGS. 4-5 show it ending on the floor . When scaled, the rear legs do not appear in the same position in FIGS. 2-3 and 7. The necessity for good drawings in a design patent application cannot be overemphasized. As the drawing constitutes the whole disclosure of the design, it is of utmost importance that it be so well executed both as to clarity of showing and completeness, that nothing regarding the design sought to be patented is left to conjecture. An insufficient drawing may be fatal to validity (35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph). Moreover, an insufficient drawing may have a negative effect with respect to the effective filing date of a continuing application. The examiner recommends using a lossless file format when submitting drawings through EFS-web (e.g., TIFF, PNG, GIF, BMP). EFS-web PDF Guidelines may be found at https://www.uspto.gov/patents-application-process/applying-online/efs-web-pdf-guidelines REPLACEMENT DRAWING INFORMATION When preparing new or replacement drawings, be careful to avoid introducing new matter. New matter is prohibited by 35 U.S.C. 132 and 37 CFR 1.121(f). If corrected drawings are submitted in response to this Office action, they must be in compliance with 37 CFR 1.121(d). Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as amended. If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. If all the figures on a drawing sheet are canceled, a replacement sheet is not required. A marked-up copy of the drawing sheet (labeled as “Annotated Sheet”) including an annotation showing that all the figures on that drawing sheet have been canceled must be presented in the amendment or remarks section that explains the change to the drawings. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either "Replacement Sheet" or "New Sheet" pursuant to 37 CFR 1.121(d). CONCLUSION AND CONTACT INFORMATION The claim stands rejected under 35 USC § 112 (a) & (b), as set forth above. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Applicant may view and obtain copies of the cited references by visiting < https://ppubs.uspto.gov/pubwebapp/static/pages/ppubsbasic.html > and pressing the “Patent Number Search” button. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Enter examiner's name" \* MERGEFORMAT ELISA MARIA PUJALS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-8478 . The examiner can normally be reached FILLIN "Work schedule?" \* MERGEFORMAT Monday-Thursday 7:30-5:30 . 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 primary examiner, Lauren McVey, can be reached at (571) 270-0203. The examiner’s supervisor, Erich Herbermann can be reached on (571) 272-6390. 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. /E.M.P./ Examiner, Art Unit 2942 /LAUREN D MCVEY/ Primary Examiner, Art Unit 2962
Read full office action

Prosecution Timeline

Dec 19, 2023
Application Filed
Mar 19, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent D1122355
Board game
2y 5m to grant Granted Apr 14, 2026
Patent D1105295
TOY
2y 5m to grant Granted Dec 09, 2025
Patent D1105297
Toy Bear
2y 5m to grant Granted Dec 09, 2025
Patent D1105294
Crab toy
2y 5m to grant Granted Dec 09, 2025
Patent D1103303
Plush Toy
2y 5m to grant Granted Nov 25, 2025
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
98%
Grant Probability
95%
With Interview (-2.9%)
1y 8m
Median Time to Grant
Low
PTA Risk
Based on 127 resolved cases by this examiner. Grant probability derived from career allow rate.

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