Prosecution Insights
Last updated: April 19, 2026
Application No. 17/548,886

METHOD AND DEVICE FOR OPTICAL GEAR MEASUREMENT

Final Rejection §103
Filed
Dec 13, 2021
Examiner
BRYANT, REBECCA CAROLE
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Klingelnberg GmbH
OA Round
5 (Final)
64%
Grant Probability
Moderate
6-7
OA Rounds
3y 4m
To Grant
96%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
347 granted / 543 resolved
-4.1% vs TC avg
Strong +32% interview lift
Without
With
+31.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
30 currently pending
Career history
573
Total Applications
across all art units

Statute-Specific Performance

§101
2.3%
-37.7% vs TC avg
§103
39.1%
-0.9% vs TC avg
§102
24.9%
-15.1% vs TC avg
§112
29.1%
-10.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 543 resolved cases

Office Action

§103
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 Applicant's arguments filed 03/10/2026 have been fully considered but they are not persuasive. Applicant argues that Finkeldey fails to require a specific post processing concept, not addressing the applicant’s goal of improving comparability between optical and tactile measurement results. However, the examiner disagrees. Finkeldey does group the measuring points prior to measurement based on the section of the gear being inspected. However, this would inherently carry over into post processing since part of evaluating the measuring points would include how far apart the points are spaced from one another, which in Finkeldey is reliant on their groupings. This is shown in figure 3 with the measurement grid 50 resulting from only the flank group measurement points grouped together and P.0126 disclosing that the tip, root, and end of the tooth could be done likewise. Although Finkeldey is silent with respect to enabling optical measurements results to be evaluated using the same algorithms and standards as tactile measurements, the reference does not have to have the same reasons and intentions as the applications in order to read on the claims. For these reasons, the rejection remains the same as described below. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 7, 8, 9, and 10 are rejected under 35 U.S.C. 103 as being anticipated by Finkeldey U.S. Publication 2020/0298362. With respect to claim 1 and 10, Finkeldey discloses a method for optical measurement comprising: Having a holder for holding a component (P.0103, holder = workpiece spindle 12) Providing a component, wherein the component has a toothing with a predetermined nominal geometry (Figure 1, component =2, P.0100) Providing a coordinate measuring device, wherein the coordinate measuring device comprises an optical measuring system, (P.0101, P.0105) Wherein the coordinate measuring device comprises numerically controlled axes in order to carry out a relative movement between the component to be measured and the optical measuring device (P.0118, inherent to cmm that the axes are numerically controlled) wherein the coordinate measuring comprises an axis of rotation in order to rotate a component to be measured during the measurement (P.0119) wherein the coordinate measuring device comprises at least one linear axis in order to move the optical measuring system relative to the component to be measured (P.0118, translationally moveable in the x direction) wherein optical system has a point sensor for optical distance measurement (P.0060) measuring the toothing of the component using the optical measuring system, wherein individual measuring points are measured one after the other by the point sensor, (P.0060, P.0082) wherein the component is rotated relative to the optical measuring system using the axis of rotation and wherein the point sensor is moved along a width of the toothing to measure flank line sections of the toothing using the at least one linear axis while the measuring points are being detected (P.0088, P.0090, P.0073) wherein evaluating the measuring points includes grouping of the measuring points into flank groups (P.0115, wherein flank sides 30 in Figure 1, are determined such that the measuring parameters are varied from the sharp edge transitions 28, Figure 3, P.0126, wherein the flank side is determined separately from the root and tip) modeling of profile segments from the measuring points of the flank groups, wherein a profile segment is assigned to each flank group (P.0126, wherein modeling of profile segments = virtual measurement grid, measurement points in the flank direction = flank groups, P.0115) determining one or more geometric parameters of the toothing on the basis of the profile segments (P.0126, results for each tooth, P.0107) However, Finkeldey fails to disclose grouping measuring points into flank groups by filtering. It would have been obvious to one of ordinary skill in the art at the time of the invention to filter the measurements received based on location or angle in order to determine which part of the workpiece is being measured since filtering is well known in the art as a classification tool for dividing data into groups and by filtering the data into groups, more precise information can be determined for each component alone versus as a whole. With respect to claim 7, 8, 9, Finkedley discloses all of the limitations as applied to claim 1 above. In addition, Finkedley discloses: Three dimensional profile segment of a flank group are projected into a two-dimensional plane (Figure 1, flank group 30) A tooth pitch is one of the one or more geometric parameters of the toothing and the tooth pitch is determined on a pitch measuring circle (P.0027, pitch measuring circle = root circle diameter, P.0107 wherein entire profile line of toothing would include the tooth pitch) The determination of one or more geometric parameters of the toothing on the basis of the profile segments is carried out analogously to the evaluation of a tactile measurement (P.0007, P.0059) 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. Claim(s) 2, 3, 4, 5, and 6, are rejected under 35 U.S.C. 103 as being unpatentable over Finkeldey U.S. Publication 2020/0298362 in view of Tang et al. CN111750789. With respect to claims 2, 3, 4, and 5, Finkeldey discloses all of the limitations as applied to claim 1 above. However, Finkeldey fails to disclose specifics regarding the filtering and modeling of the data. Tang discloses a pitch deviation and profile deviation evaluation method comprising: Providing a component, wherein the component has a toothing with a predetermined nominal geometry (abstract, P.0030, Figure 2) Providing a measurement device wherein the measurement device comprises an optical measuring system (P.0014, machine vision measurement system) Measuring the toothing of the component using the optical measuring system, wherein the measuring points are detected (P.0034, camera control software collects images…Halcon image processing software) Evaluating the measuring points includes grouping the measuring points into flank groups by filtering (P.0063-64, P.0079 subprocessing = filtering, grouping into flank groups = obtained intersection point is divided into corresponding array by left and right tooth surface), modeling of profile segments from the measuring points of the flank groups, wherein a profile segment is assigned to each flank group (P.0090-97, Figure 3, left and right tooth surfaces), and determining one or more geometric parameters of the toothing on the basis of the profile segments (P.0125, calculating the unfolded length L, Figure 7, angle Θx between Lx and Rx) 2- The grouping of the measuring points into flank groups by filtering includes radial filtering of the measuring points, wherein a plurality of the measuring points of the flank groups lie between a predetermined minimum radius and a predetermined maximum radius (Figure 3, radial filtering) 3- Checking whether the measuring points of a respective flank group have a predetermined distribution and the test steps are carried out before the modeling (P.0053, wherein the corrosion calculation determines if there are isolated points outside the gear, i.e. outside the flank groups) 4- Modeling at least one profile segment as a mathematical non-linear function (P.0060-68 in the original document, the equations are not properly shown in the translation, all modeling uses nonlinear functions) 5- Checking a deviation of at least one profile segment from the predetermined nominal geometry and checking a deviation of a first profile segment of a tooth of the toothing of a first measurement from a second profile segment of the same tooth of a second measurement (P.0122, P.0095, P.0119) It would have been obvious to one of ordinary skill in the art at the time of the invention to use the filtering and data processing of Tang for the measurements of Finkeldey since Finkeldey is silent on how the collected information is analyzed and the calculations of Tang are well known data processing steps for measuring profiles and provide an accurate analysis of the raw measurement data. With respect to claim 6, Finkeldey in view of Tang discloses all of the limitations as applied to claim 1 and 5 above. However, Finkeldey and Tang fail to disclose specifically adjustment of the filtering or measurement parameter if a deviation exceeds a predefined threshold. It would have been obvious to one of ordinary skill in the art at the time of the invention to adjust filtering or the measurement parameter if a threshold value is exceeded since it is well-known in data analysis to consider thresholds and react by analyzing the data in a different way if thresholds are not met as expected. The examiner takes official notice that thresholds are used to differentiate data sets for analysis and filtering the data in different ways depending on which thresholds the data falls within. This makes common sense since the type of analysis performed depends upon the data collected. Conclusion THIS ACTION IS MADE FINAL. 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 REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 pm. 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, Kara Geisel can be reached on 571-272-2416. 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. /REBECCA C BRYANT/ Primary Examiner, Art Unit 2877
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Prosecution Timeline

Dec 13, 2021
Application Filed
Dec 13, 2021
Response after Non-Final Action
Jun 05, 2024
Non-Final Rejection — §103
Nov 12, 2024
Response Filed
Dec 05, 2024
Final Rejection — §103
May 12, 2025
Request for Continued Examination
May 13, 2025
Response after Non-Final Action
May 22, 2025
Final Rejection — §103
Sep 29, 2025
Request for Continued Examination
Oct 02, 2025
Response after Non-Final Action
Nov 06, 2025
Non-Final Rejection — §103
Mar 10, 2026
Response Filed
Mar 25, 2026
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

6-7
Expected OA Rounds
64%
Grant Probability
96%
With Interview (+31.7%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 543 resolved cases by this examiner. Grant probability derived from career allow rate.

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