Prosecution Insights
Last updated: April 19, 2026
Application No. 17/737,459

SYSTEMS AND METHODS FOR RECONCILIATION OF CONFLICTING MEASUREMENTS AND INDUSTRIAL OPTIMIZATION

Non-Final OA §112
Filed
May 05, 2022
Examiner
DESTA, ELIAS
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Actium Liquidity Partners Inc.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
94%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
886 granted / 1055 resolved
+16.0% vs TC avg
Moderate +10% lift
Without
With
+9.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
33 currently pending
Career history
1088
Total Applications
across all art units

Statute-Specific Performance

§101
25.9%
-14.1% vs TC avg
§103
26.8%
-13.2% vs TC avg
§102
19.0%
-21.0% vs TC avg
§112
18.6%
-21.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1055 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 . Restriction/Election Claims 1-10 or group I are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant’s election of group II or claims 11-22 in the reply filed on July 7, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Further, no listing of claims with proper identification or status of claims has been provided by the Applicant(s). Examination of Application Drawing The drawing filed on May 5, 2022 is accepted by the Examiner. Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim rejection – 35 U.S.C. §112 Claims 11-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. §112 (pre-AIA ), second paragraph, as being indefinite, in reference to claims 11 and 14, see page 4 and page 5 respectively, the respective claims call for “determining that said middle measurement is less than said tolerance-adjusted low measurement; and determining that said tolerance-adjusted low measurement is less than said tolerance-adjusted high measurement respectively”. However, it is established in the preceding steps that the high tolerance-adjusted values and the low tolerance-adjusted values have already been established when the measurements were taken by the first instrument, it is the value of the second instrument that should have been compared. See the instant claims 17 and 20. Appropriate amendment is required. The remaining claims inherit the attributes of the respective base claims and include similar issues. In reference to claims 11, 14, 17 and 20: the retrieving step need to be revised or clearly defined with respect to setting the “minimum output of the apparatus with said control system.” Claims 11, 14, 17 and 20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claims 12-13, 15-16, 18-19, and 21-22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Art of Interest Javault et al. (U.S. Patent No. 11,237,563, hereon Javault) discloses a method includes: an autonomous vehicle and during a first operating period, capturing a first set of images of a plant; calculating a location of the plant based on the first set of images; extracting an initial value of a plant metric of the plant based on the first set of images; predicting a predicted value of the plant metric of the plant at a time based on the initial value of the plant metric of the plant and a set of global condition data. The method also includes, at the autonomous vehicle and during a second operating period concurrent with the time: capturing a second set of images of the plant; identifying the plant based on the second set of images and the location of the plant; and executing an agricultural operation on the plant based on the predicted value of the plant metric (see Javault, abstract and Fig. 1). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: De Caussin et al. (U.S. Patent No. 6,317,646) discloses computer numerical control or CNC machine that is programmed to redefine the corner tolerance in accordance with the angles of the corners to be machined. Preferably, the corner tolerance is redefined to be equal to a corner tolerance specified by the operator divided by the sine of the angle of the corner, but can be any distance between the specified tolerance and the distance value derived. An increase in speed is achieved because the redefined corner tolerance is generally larger than the specified tolerance and the CNC machine is permitted to machine the corner at an earlier time than conventional CNC machines. Calderon (U.S. Patent No. 12,403,950) discloses an automatic steering system for an agricultural vehicle includes a controller operably coupled to a steering sensor configured to provide a feedback signal that includes vehicle steering information for automatically controlling the steering device. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIAS DESTA whose telephone number is (571)272-2214. The examiner can normally be reached M-F: 8:30 to 5:00 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, Andrew M Schechter can be reached at 571-272-2302. 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. /ELIAS DESTA/ Primary Examiner, Art Unit 2857
Read full office action

Prosecution Timeline

May 05, 2022
Application Filed
Sep 06, 2025
Non-Final Rejection — §112 (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

1-2
Expected OA Rounds
84%
Grant Probability
94%
With Interview (+9.5%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1055 resolved cases by this examiner. Grant probability derived from career allow rate.

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