Prosecution Insights
Last updated: August 14, 2026
Application No. 17/094,927

ENVIRONMENT FORMING APPARATUS AND IMAGE-CAPTURING DEVICE FOR ENVIRONMENT FORMING APPARATUS

Non-Final OA §102§103
Filed
Nov 11, 2020
Priority
Nov 12, 2019 — JP 2019-204433
Examiner
KRCHA, MATTHEW D
Art Unit
1796
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Espec Corp.
OA Round
7 (Non-Final)
65%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
366 granted / 563 resolved
At TC average
Strong +35% interview lift
Without
With
+35.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
79 currently pending
Career history
635
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 563 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 . Response to Amendment The Amendment filed on 12/1/2025 has been entered. Claims 1-15 remain pending in the application. 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) 1-9 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 53-57393, hereinafter Yabe. Regarding claim 1, Yabe teaches an environment forming apparatus (figure 1), comprising: an environment forming chamber (item 1) configured to be adjusted to a predetermined environment (page 3, lines 18-20); and a through-hole (item 6a) configured to connect the environment forming chamber to an outside (figure 1) and provided in a wall of the environment forming apparatus (figure 1), an image-capturing device (figure 2) mounted in the through-hole (figure 1); and a main-body-side engagement portion (item 26), wherein the image-capturing device comprises: a camera (item 9); a hood member (item 23) configured to cover surroundings of at least part of the camera (figure 4); an inner tubular member (item 15); an outer tubular member (item 16) configured to cover the inner tubular member (figure 2) and whose one end is closed (item 14 closes the end of item 16); an air blower (item 12) and a coupling member (labeled in figure below), wherein a first ventilation space is formed by an inside of the inner tubular member (figure 2), a second ventilation space is formed between the inner tubular member and the outer tubular member (figure 2), and a gap is formed between a distal end of the inner tubular member (which is only shown in figure 2) and a proximal end of the hood member (as can be seen from the arrows in figures 2 and 4, there is a gap between the end of item 15 (which is only shown in figure 4) and the hood member (which is shown in figure 4)); wherein the camera is disposed in the inner tubular member at a side of the one end with a gap between the camera and the inner wall of the inner tubular member (figure 4), wherein air is to be blown toward the camera by the air blower via one of the first ventilation space and the second ventilation space (page 3, lines 1-3 and figure 2), and is to be exhausted via the other of the first ventilation space and the second ventilation space through the cap between the distal end of the inner tubular member and the proximal end of the hood member (page 3, lines 1-3 and figure 2 and as can be seen from the arrows in figure 4, there are arrows before the hood member and there are arrows within the hood member, thereby indicating that air has gone between the inner tubular member and the hood member as the air has come out of item 9 thereby passing between the distal end of the inner tubular member and the proximal end of the hood member); wherein the camera, the inner tubular member, and the outer tubular member are provided within the through-hole during an environment test performed by the environment forming apparatus (intended use MPEP § 2114 (II), the camera, the inner tubular member and the outer tubular member would be able to be operated while the end of the image-capturing device is in the through-hole and therefore can be present in the through-hole during an environment test performed by the environment forming apparatus), wherein the coupling member includes an image-capturing-device-side engagement portion (the portion circled below which has a larger diameter than the lower part of item 16), and the image-capturing-device-side engagement portion is configured to be engaged with the main-body-side engagement portion from an outside of the wall (when the structure in figure 2 is lowered all of the way into item 1, the image-capturing-device-side engagement portion would engage the main-body-side engagement portion), and wherein the camera, the inner tubular member, and the outer tubular member are fixed within the through-hole by engaging the image-capturing-device-side engagement portion with the main-body-side engagement portion in a state where the camera is inserted into the through-hole (when the structure in figure 2 is lowered all of the way into item 1, the camera, inner and outer tubular member would be fixed (not moving) in the through hole). PNG media_image1.png 595 753 media_image1.png Greyscale Annotated figure 2 from Yabe Regarding claim 2, Yabe teaches an environment forming apparatus (figure 1), comprising: an environment forming chamber (item 1) configured to be adjusted to a predetermined environment (page 3, lines 18-20); and a through-hole (item 6a) configured to connect the environment forming chamber to an outside (figure 1) and provided in a wall of the environment forming apparatus (figure 1), an image-capturing device mounted in the through-hole (figure 1); and a main-body-side engagement portion (item 26), wherein the image-capturing device comprises (intended use MPEP § 2114 (II) and is taught as item 6a): a camera (item 9); a hood member (item 23) configured to cover surroundings of at least part of the camera (figure 4); an inner tubular member (item 15); an outer tubular member (item 16) configured to cover the inner tubular member (figure 2) and whose one end is closed (item 14 closes the end of item 16); an air blower (item 12); and a coupling member (labeled in figure above), wherein a first ventilation space is formed by an inside of the inner tubular member (figure 2), a second ventilation space is formed between the inner tubular member and the outer tubular member (figure 2) and a gap is formed between a distal end of the inner tubular member (which is only shown in figure 2) and a proximal end of the hood member as can be seen from the arrows in figures 2 and 4, there is a gap between the end of item 15 (which is only shown in figure 4) and the hood member (which is shown in figure 4)), wherein the camera is disposed at a tip-end side of the first ventilation space or the second ventilation space with a gap between the camera and the inner wall of the inner tubular member (figure 4), wherein the air blower is at a position on a base-end side of the first ventilation space or the second ventilation space (figure 2) and air is to be blown toward the camera by the air blower via one of the first ventilation space and the second ventilation space (page 3, lines 1-3 and figure 2), and is to be exhausted via the other of the first ventilation space and the second ventilation space through the gap between distal end of the inner tubular member and the proximal end of the hood member (page 3, lines 1-3 and figure 2 and as can be seen from the arrows in figure 4, there are arrows before the hood member and there are arrows within the hood member, thereby indicating that air has gone between the inner tubular member and the hood member as the air has come out of item 9 thereby passing between the distal end of the inner tubular member and the proximal end of the hood member); wherein the camera, the inner tubular member, and the outer tubular member are provided within the through-hole during an environment test performed by the environment forming apparatus (intended use MPEP § 2114 (II), the camera, the inner tubular member and the outer tubular member would be able to be operated while the end of the image-capturing device is in the through-hole and therefore can be present in the through-hole during an environment test performed by the environment forming apparatus), wherein the coupling member includes an image-capturing-device-side engagement portion (the portion circled below which has a larger diameter than the lower part of item 16), and the image-capturing-device-side engagement portion is configured to be engaged with the main-body-side engagement portion from an outside of the wall (when the structure in figure 2 is lowered all of the way into item 1, the image-capturing-device-side engagement portion would engage the main-body-side engagement portion), and wherein the camera, the inner tubular member, and the outer tubular member are fixed within the through-hole by engaging the image-capturing-device-side engagement portion with the main-body-side engagement portion in a state where the camera is inserted into the through-hole (when the structure in figure 2 is lowered all of the way into item 1, the camera, inner and outer tubular member would be fixed (not moving) in the through hole). Regarding claim 3, Yabe teaches an environment forming apparatus (figure 1), comprising: an environment forming chamber (item 1) configured to be adjusted to a predetermined environment (page 3, lines 18-20); and a through-hole (item 6a) configured to connect the environment forming chamber to an outside (figure 1) and provided in a wall of the environment forming apparatus (figure 1), an image-capturing device mounted in the through-hole (figure 1); and a main-body-side engagement portion (item 26), wherein the image-capturing device comprises: a camera (item 9); a hood member (item 23) configured to cover surroundings of at least part of the camera (figure 4); an inner tubular member (item 15); an outer tubular member (item 16) configured to cover the inner tubular member (figure 2) and whose one end is closed (item 14 closes the end of item 16); a port (item 19) configured to supply gas from the outside (intended use MPEP § 2114 (II)) and a coupling member (labeled in figure above), wherein a first ventilation space is formed by an inside of the inner tubular member (figure 2), and a second ventilation space is formed between the inner tubular member and the outer tubular member (figure 2), and a gap is formed between a distal end of the inner tubular member (which is only shown in figure 2) and a proximal end of the hood member (as can be seen from the arrows in figures 2 and 4, there is a gap between the end of item 15 (which is only shown in figure 4) and the hood member (which is shown in figure 4)), wherein the camera is disposed in the inner tubular member at a side of the one end with a gap between the camera and the inner wall of the inner tubular member (figure 4), the port (item 19) is disposed at a position connected to the first ventilation space or the second ventilation space (figure 2); wherein the gas supplied from the port is to flow toward the camera via one of the first ventilation space and the second ventilation space (page 3, lines 1-3 and figure 2), and is to be exhausted via the other of the first ventilation space and the second ventilation space through the gap between the distal end of the inner tubular member and the proximal end of the hood member (page 3, lines 1-3 and figure 2 and as can be seen from the arrows in figure 4, there are arrows before the hood member and there are arrows within the hood member, thereby indicating that air has gone between the inner tubular member and the hood member as the air has come out of item 9 thereby passing between the distal end of the inner tubular member and the proximal end of the hood member); wherein the camera, the inner tubular member, and the outer tubular member are provided within the through-hole during an environment test performed by the environment forming apparatus (intended use MPEP § 2114 (II), the camera, the inner tubular member and the outer tubular member would be able to be operated while the end of the image-capturing device is in the through-hole and therefore can be present in the through-hole during an environment test performed by the environment forming apparatus), wherein the coupling member includes an image-capturing-device-side engagement portion (the portion circled below which has a larger diameter than the lower part of item 16), and the image-capturing-device-side engagement portion is configured to be engaged with the main-body-side engagement portion from an outside of the wall (when the structure in figure 2 is lowered all of the way into item 1, the image-capturing-device-side engagement portion would engage the main-body-side engagement portion), and wherein the camera, the inner tubular member, and the outer tubular member are fixed within the through-hole by engaging the image-capturing-device-side engagement portion with the main-body-side engagement portion in a state where the camera is inserted into the through-hole (when the structure in figure 2 is lowered all of the way into item 1, the camera, inner and outer tubular member would be fixed (not moving) in the through hole). Regarding claim 4, Yabe teaches wherein a transparent member (item 17) is mounted on a tip-end portion (figure 4) and the transparent member has a temperature-raising function (item 17 is put within the furnace and the heat it conducts causes it to have a temperature-raising function). Regarding claim 5, Yabe teaches wherein a transparent member (item 17) is mounted on a tip-end portion (figure 4) and the transparent member has a temperature-raising function (item 17 is put within the furnace and the heat it conducts causes it to have a temperature-raising function). Regarding claim 6, Yabe teaches wherein a transparent member (item 17) is mounted on a tip-end portion (figure 4) and the transparent member has a temperature-raising function (item 17 is put within the furnace and the heat it conducts causes it to have a temperature-raising function). Regarding claim 7, Yabe teaches wherein illumination (item 10) is provided at a tip-end portion or in a vicinity of the tip-end portion (figure 4). Regarding claim 8, Yabe teaches wherein illumination (item 10) is provided at a tip-end portion or in a vicinity of the tip-end portion (figure 4). Regarding claim 9, Yabe teaches wherein illumination (item 10) is provided at a tip-end portion or in a vicinity of the tip-end portion (figure 4). Regarding claim 13, Yabe teaches wherein the coupling member includes an opening (the opening in the first part which has a larger diameter than the lower part of item 16), and wherein the outer tubular member and inner tubular member are inserted into the opening (figure 2) Regarding claim 14, Yabe teaches wherein the coupling member includes an opening (the opening in the first part which has a larger diameter than the lower part of item 16), and wherein the outer tubular member and inner tubular member are inserted into the opening (figure 2) Regarding claim 15, Yabe teaches wherein the coupling member includes an opening (the opening in the first part which has a larger diameter than the lower part of item 16), and wherein the outer tubular member and inner tubular member are inserted into the opening (figure 2) Claim Rejections - 35 USC § 103 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yabe in view of United States Application Publication No. 2009/0091630, hereinafter Bollhorst. Regarding claim 10, Yabe teaches all limitations of claim 7; however, Yabe fails to teach the illumination is installed in a ring shape with respect to a light-incident portion of the camera. Bollhorst teaches the concept of using a ring light for a camera so that it provides homogenous illumination to a specific area so that there is an absence of shadow which is important in scientific photography (Bollhorst, paragraph [0003]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the illumination installed in a ring shape with respect to the light-incident portion of the camera because it would provide a homogenous illumination to a specific area so that there is an absence of shadow which is important in scientific photography (Bollhorst, paragraph [0003]). Regarding claim 11, Yabe teaches all limitations of claim 8; however, Yabe fails to teach the illumination is installed in a ring shape with respect to a light-incident portion of the camera. Bollhorst teaches the concept of using a ring light for a camera so that it provides homogenous illumination to a specific area so that there is an absence of shadow which is important in scientific photography (Bollhorst, paragraph [0003]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the illumination installed in a ring shape with respect to the light-incident portion of the camera because it would provide a homogenous illumination to a specific area so that there is an absence of shadow which is important in scientific photography (Bollhorst, paragraph [0003]). Regarding claim 12, Yabe teaches all limitations of claim 9; however, Yabe fails to teach the illumination is installed in a ring shape with respect to a light-incident portion of the camera. Bollhorst teaches the concept of using a ring light for a camera so that it provides homogenous illumination to a specific area so that there is an absence of shadow which is important in scientific photography (Bollhorst, paragraph [0003]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have made the illumination installed in a ring shape with respect to the light-incident portion of the camera because it would provide a homogenous illumination to a specific area so that there is an absence of shadow which is important in scientific photography (Bollhorst, paragraph [0003]). Response to Arguments Applicant's arguments filed 12/1/2025 have been fully considered but they are not persuasive. Regarding applicant’s argument that Yabe fails to teach that the camera is fixed in the through hole and the camera is located within the through-hole is not found persuasive. Firstly, as described above in the rejection, when the structure of item 2 is lowered to the bottom such that the coupling member (labeled in figure above) contacts item 26, this positioning would provide the teaching for the camera being fixing in the through hole as the camera and the rest of the structure of figure 2 would not be moving in the through hole, thereby reading on the limitations of these structures being “fixed.” The fact that Yabe teaches to move the camera and structure up and down within the furnace, doesn’t prevent this same structure from considering to be “fixed” at some point in the opening. The claim doesn’t specify when the camera, inner and outer tubular members are fixed in the through hole and therefore as long as there is some point where these structures are fixed in the through-hole, Yabe would teach these limitations. Secondly, the claim states that “the camera, the inner tubular member and, and the outer tubular member are fixing within the through-hole” does not mean that the camera itself needs to be in the through-hole, but rather the structure which holds the camera, the inner tubular member and the outer tubular member is fixed within the through-hole. As discussed above, these structures are considered to be “fixed” in the through hole and thereby read on the instant claims. 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 MATTHEW D KRCHA whose telephone number is (571)270-0386. The examiner can normally be reached M-Th 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Robinson can be reached at (571)272-7129. 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. /MATTHEW D KRCHA/Primary Examiner, Art Unit 1796
Read full office action

Prosecution Timeline

Show 13 earlier events
Sep 11, 2025
Non-Final Rejection mailed — §102, §103
Dec 01, 2025
Response Filed
Dec 29, 2025
Final Rejection mailed — §102, §103
Feb 26, 2026
Examiner Interview Summary
Feb 26, 2026
Applicant Interview (Telephonic)
Mar 20, 2026
Request for Continued Examination
Mar 23, 2026
Response after Non-Final Action
Aug 12, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+35.3%)
3y 3m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 563 resolved cases by this examiner. Grant probability derived from career allowance rate.

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