Prosecution Insights
Last updated: April 19, 2026
Application No. 18/003,967

NUMERICAL CONTROL DEVICE

Non-Final OA §112
Filed
Dec 30, 2022
Examiner
NORTON, JENNIFER L
Art Unit
2117
Tech Center
2100 — Computer Architecture & Software
Assignee
Fanuc Corporation
OA Round
3 (Non-Final)
50%
Grant Probability
Moderate
3-4
OA Rounds
3y 10m
To Grant
52%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allow Rate
298 granted / 594 resolved
-4.8% vs TC avg
Minimal +1% lift
Without
With
+1.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
43 currently pending
Career history
637
Total Applications
across all art units

Statute-Specific Performance

§101
17.1%
-22.9% vs TC avg
§103
41.3%
+1.3% vs TC avg
§102
9.1%
-30.9% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 594 resolved cases

Office Action

§112
DETAILED ACTION The following is a Non-Final Office Action in response to the Supplemental Response/Amendment received on 9 December 2025. Claims 1-4 were amended and claims 5-10 were newly added in the claims filed on 30 September 2025. Claims 1-10 are pending in this application. 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 final rejection. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 30 September 2025 has been entered. Response to Arguments filed on 9 December 2025 Applicant’s arguments, see Remarks, pgs. 3-6, filed 9 December 2025, with respect to the Claim Interpretation of claims 1-8 have been fully considered and are persuasive in part. The Examiner has found the Applicant’s arguments persuasive with the exclusion of the limitation of: Claim 1 (and similarly in claim 5): switching, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes, from controlling the gap size based on the output voltage associated with the first gap sizes to controlling the gap size so that the displacement amount calculated based on the output voltage associated with the second gap sizes becomes equal to the reference displacement amount (claim 1: lines 25-29) With respect to the Applicant’s argument, Applicant respectfully submits that amended claim 1 recites "switching, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes, from controlling the gap size based on the output voltage associated with the first gap sizes to controlling the gap size so that the displacement amount calculated based on the output voltage associated with the second gap sizes becomes equal to the reference displacement amount." See Specification at ¶ ¶ 23, 24, and 39 ("on the basis of the measurement intervals and the switching position … switches … the measurement interval of the output voltages measured by the gap size measurement unit"). (see Remarks, pg. 5, paragraph 2) The Examiner respectfully disagrees. The Specification as filed on 30 December 2022 (as provided by the Applicant for support of the preceding limitation (see Remarks, filed 9 December 2025, pg. 5, paragraph 2 ) recites: The gap control unit 16 controls a gap size so that the displacement amount calculated by the displacement amount calculation unit 15 becomes equal to a reference displacement amount. That is, the gap control unit 16 controls a gap size so that the gap size between the machining head 2 and the surface of the workpiece becomes a constant amount. (pg. 10, par. [0023]) The shaft control unit 17 controls the drive shaft of the machining head 2 on the basis of the gap size controlled by the gap control unit 16. In this way, the machining head 2 is moved while the constant gap size is maintained, whereby the laser machining is performed. (pg. 10, par. [0024]) According to the present embodiment, the following effects can be achieved. In the present embodiment, there are provided a measurement interval storage unit 12 that stores multiple measurement intervals for output voltages to be measured by a gap size measurement unit 21, and stores a switching position at which the measurement intervals are switched, and a measurement interval control unit 13 that, on the basis of the measurement intervals and the switching position stored in the measurement interval storage unit 12, switches, at the switching position, the measurement interval of the output voltages measured by the gap size measurement unit 21. Additionally, a correlation table of a correlation between the output voltages and the gap size is generated by a correlation table generation unit 14 on the basis of the output voltages measured by the gap size measurement unit 21 at the measurement intervals and stored in the data storage unit 11, the measurement intervals being switched at the switching position by the measurement interval control unit 13. (pgs. 17-18, par. [0039]) Additionally, the Specification recites: The displacement amount calculation unit 15 calculates a displacement amount which is a distance from a reference position set in the vicinity of the surface of the workpiece on the basis of the output values newly measured by the gap size measurement unit 21 and the correlation table generated in advance by the correlation table generation unit 14. Specifically, the displacement amount calculation unit 15 refers to the correlation table generated in advance by the correlation table generation unit 14 and obtains a gap size from the approximate straight line obtained by performing the linear approximation between each sampling data, and the output voltages newly measured, thereby calculating a displacement amount which is a distance from a reference position set in the vicinity of the surface of the workpiece. (pg. 9, par. [0022]) The Specification supports controlling a gap size of a displacement from a reference position set in a vicinity of a surface of a workpiece that is calculated using a measured voltage output and gap sizes of a generated correlation table. The Examiner maintains the Specification does not support switching (i.e. adjusting/updating) of controlling the gap size based on the output voltage associated with second gap sizes in the correlation table subsequent to controlling the gap size based on the output voltage associated with first gap sizes in the correlation table. Hence, the Applicant’s argument is found unpersuasive. Applicant’s arguments, see Remarks, pgs. 7-8, filed 9 December 2025, with respect to the Claim Interpretation of claims 9 and 10 have been fully considered and are persuasive. Applicant’s arguments, see Remarks, pgs. 9-10, filed 9 December 2025, with respect to the Election/Restriction Requirement of claims 1-10 have been fully considered and are persuasive. The Election/Restriction Requirement sent forth in the Notice of Non-Responsive Amendment mailed on 14 October 2025 is herein withdrawn. Response to Arguments filed on 30 September 2025 Applicant’s arguments, see Remarks, pg. 7, filed 30 September 2025, with respect to objected claim 1 have been fully considered and are persuasive in light of the claim amendments filed on 30 September 2025. The objection of claim 1 has been withdrawn. Applicant's arguments, see Remarks, pgs. 7-8, filed 30 September 2025, with respect to rejected claims 1-4 under 35 U.S.C. 112(a) have been fully considered but they are not persuasive. In regards to the Applicant’s arguments, Applicant respectfully submits that amended claim 1 recites aspects of the correlation table (see e.g., FIG. 7 and Specification at ¶ 38), including (a) "first voltage values in association with first gap sizes the first gap sizes calculated based on a first measurement interval between gap sizes for linearly approximating the first gap sizes based on the first voltage values" (see e.g., Specification at I 38: a position of 10 mm from the reference point output voltages are measured at 5 points at measurement intervals 2.0 mm"), (b) "second voltage values in association with second gap sizes the second gap sizes calculated based on a second measurement interval between the gap sizes for linearly approximating the second gap sizes based on the second voltage values" (see e.g., Specification at I 38: output voltages are measured at 10 points at measurement intervals of 0.4 mm when the machining head 2 and the gap sensor are raised from the reference point"), and (c) "the first measurement interval is different from the second measurement interval." See e.g., Specification at ¶ ¶ 20, 22, 27 ("the gap size is non-linear, and therefore linear approximation is performed between each sampling data to detect a gap size") discussing linear approximation of non-linear (curve) relationship between voltage and gap. (pg. 7, paragraph 5 – pg. 8, paragraph 1) Applicant respectfully submits that amended claim 1 also recites "calculating a displacement amount equal to a first gap size corresponding to a first voltage value among the first voltage values associated with the first gap size" (see e.g., Specification at ¶ 22), and "controlling the gap size so that the displacement amount calculated based on the output voltage associated with the first gap sizes becomes equal to a reference displacement amount" (see e.g., Specification at ¶ 23). Applicant respectfully submits that amended claim 1 recites "switching, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes, from controlling the gap size based on the output voltage associated with the first gap sizes to controlling the gap size so that the displacement amount calculated based on the output voltage associated with the second gap sizes becomes equal to the reference displacement amount." See Specification at ¶ ¶ 23, 24, and 39 ("on the basis of the measurement intervals and the switching position … switches … the measurement interval of the output voltages measured by the gap size measurement unit"). (pg. 8, paragraph 2) The Examiner respectfully disagrees. The Examiner respectfully notes the Applicant has not addressed the rejections with respect to the “processor” as set forth in the Final Office Action mailed on 16 July 2025. Hence, the Applicant’s arguments are found unpersuasive. Applicant's arguments, see Remarks, pgs. 8-9, filed 30 September 2025, with respect to rejected claims 1-4 under 35 U.S.C. 101 have been fully considered and are persuasive in light of the claim amendments filed on 30 September 2025. The rejections of claims 1-4 have been withdrawn. Claim 1-5 stand objected to, claims 1-8 and 10 stand rejected under 35 U.S.C. 112(a), and claims 3, 4, and 7-10 stand rejected under 35 U.S.C. 112(b). Claim Interpretation Claim 1, and similarly claim 5, recite the limitations of: calculating a displacement amount equal to a first gap size among the first gap sizes which is a distance from a reference position set in a vicinity of the workpiece surface, based on an output voltage newly measured corresponding to a first voltage value among the first voltage values associated with the first gap size; controlling the gap size so that the displacement amount calculated based on the output voltage associated with the first gap sizes becomes equal to a reference displacement amount; switching, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes, from controlling the gap size based on the output voltage associated with the first gap sizes to controlling the gap size so that the displacement amount calculated based on the output voltage associated with the second gap sizes becomes equal to the reference displacement amount; … (lines 17-29) For the purpose of examination, the limitations given the broadest reasonable interpretations in light of the Specification have been interpreted as: determining a displacement amount equal to a first gap size among the first gap sizes which is a distance from a reference position set in a vicinity of the workpiece surface, by referencing and obtaining/selecting a first voltage value among the first voltage values associated with the first gap size from the correlation table based on a newly measured output voltage; adjusting the gap size so that the displacement amount calculated based on the output voltage associated with the first gap sizes becomes equal to a reference displacement amount; changing, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes, from controlling the gap size based on the output voltage associated with the first gap sizes to controlling the gap size so that the displacement amount calculated based on the output voltage associated with the second gap sizes becomes equal to the reference displacement amount; … Claim 9 recites the limitation of: determining a gap size of a gap between the tip of the machining head and reference position relative to a surface of the workpiece based on the voltage and a first linear approximation of a non-linear correlation between first voltage values and first gap sizes between the tip of the machining head and the reference position sampled at a first sampling interval; (lines 5-8) controlling a drive shaft of the machining head to control the gap size of the gap to be equal to a reference amount based on the voltage and a second linear approximation of the non-linear correlation between second voltage values and second gap sizes between the tip of the machining head and the reference position sampled at a second sampling interval that is different from the first sampling interval; and (lines 9-13) For the purpose of examination, the limitation given the broadest reasonable interpretations in light of the Specification has been interpreted as: obtaining per a selection of a gap size of a gap between the tip of the machining head and reference position relative to a surface of the workpiece by referencing a data correlation of the voltage with an associated a first linear approximation of a non-linear correlation between first voltage values and first gap sizes between the tip of the machining head and the reference position sampled at a first sampling interval; controlling a drive shaft of the machining head to adjust the gap size of the gap to be equal to a reference amount based on the voltage and a second linear approximation of the non-linear correlation between second voltage values and second gap sizes between the tip of the machining head and the reference position sampled at a second sampling interval that is different from the first sampling interval; and (lines 9-13) Claim 10 recites the limitation of: switching from determining the gap size based on the first linear approximation to determining the gap size based on the second linear approximation, in response to determining that the gap size switches from among the first gap sizes to the second gap sizes; For the purpose of examination, the limitation given the broadest reasonable interpretations in light of the Specification has been interpreted as: changing from determining the gap size based on the first linear approximation to determining the gap size based on the second linear approximation, in response to determining that the gap size switches from among the first gap sizes to the second gap sizes; Specification The disclosure (as filed on 30 December 2022) is objected to because of the following informalities: The Specification includes the spelling error “cap sensor” (pgs. 5-6, par. [0012]). Suggested claim language: “gap sensor”; and has been interpreted as such for the purpose of examination. Appropriate correction is required. Claim Objections Claims 1-5 are objected to because of the following informalities: Claim 1 recites a numerical control devices comprising of “a memory configured to store a program which, when executed, causes the numerical control device to perform a method of controlling a machining head of a laser processing device …” in lines 2-4. The limitation “a program which … executed” is conditional per the recitation of “… when …” (i.e. executing a program is not positively recited in claim 1). Claim 1 recites a numerical control devices comprising of “a processor, the processor which, when executing the program, is configured to perform:” in lines 5-6. The limitation “executing the program” is conditional per the recitation of “… when …” (i.e. executing a program is not positively recited in claim 1). Claim 1 recites “switching, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes” in lines 25-26. The limitation of “switching, … the displacement amount calculated switches from among the first gap sizes to the second gap sizes” is conditional per the recitation of “… when …” (i.e. “switching” is not positively recited in claim 1). Claim 1 includes the grammatical issue “… the first voltage values associated with the first gap size;” in lines 19-20. Suggested claim language: “… the first voltage values associated with the first gap sizes;”; and has been interpreted as such for the purpose of examination. Claim 2 recites “… when executing the program, the processor is configured to perform …” in lines 1-3. The limitation “executing the program” is conditional per the recitation of “… when …” (i.e. executing a program is not positively recited in claim 2). Claim 3 recites “… when executing the program, the processor is configured to perform …” in lines 1-3. The limitation “executing the program” is conditional per the recitation of “… when …” (i.e. executing a program is not positively recited in claim 3). Claim 4 recites “… when executing the program, the processor is configured to perform …” in lines 1-3. The limitation “executing the program” is conditional per the recitation of “… when …” (i.e. executing a program is not positively recited in claim 4). Claim 5 recites “switching, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes” in lines 19-20. The limitation of “switching, … the displacement amount calculated switches from among the first gap sizes to the second gap sizes” is conditional per the recitation of “… when …” (i.e. “switching” is not positively recited in claim 5). Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-8 and 10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the Specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites: a memory configured to store a program which, when executed, causes the numerical control device to perform a method of controlling a machining head of a laser processing device; and a processor, the processor which, when executing the program, is configured to perform: storing … generating… calculating … controlling … switching … controlling … Claim 2 recites: … when executing the program, the processor is configured to perform determining and storing … Claim 3 recites: … when executing the program, the processor is configured to perform determining and storing … Claim 4 recites: … when executing the program, the processor is configured to perform determining and storing … U.S. Patent Publication No. 2023/0288900 A1 (instant application): FIG. 1 is a diagram showing a configuration of the numerical control device 1 according to one embodiment of the present disclosure. As shown in FIG. 1, the numerical control device 1 includes the data storage unit 11, a measurement interval storage unit 12, a measurement interval control unit 13, a correlation table generation unit 14, the displacement amount calculation unit 15, a gap control unit 16, and a shaft control unit 17. The numerical control device 1 may be constituted by a computer including a [CPU], a memory, and the like, for example. (pg. 2, par. [0022]) A movement speed of the machining head 2 is controlled by the shaft control unit 17 according to the distance from the reference point, while according to the present embodiment, the distance that can be detected by the numerical control device 1 can be increased, whereby a controllable range can be appropriately increased by the machining head 2. (pg. 4, par. [0047]) In summary, the Specification does not disclose “a memory configured to store a program which, when executed, causes the numerical control device to perform a method of controlling a machining head of a laser processing device”; and “a processor, the processor which, when executing the program” performs the claimed functionalities of claims 1-4. Hence, the only support for the processor performing the claimed functionalities and memory storing the program for causing the numerical controller to perform the claimed functionalities of claims 1-4 is found in claims 1-4. Claims 2-4, dependent from claim 1, stand rejected under 35 U.S.C. 112(a) for the same rationale as set forth in claim 1. Claim 4, dependent from claim 2, stands rejected under 35 U.S.C. 112(a) for the same rationale as set forth in claim 2. Claim 1 recites: switching, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes, from controlling the gap size based on the output voltage associated with the first gap sizes to controlling the gap size so that the displacement amount calculated based on the output voltage associated with the second gap sizes becomes equal to the reference displacement amount (claim 1: lines 25-29) Claim 5 recites: switching, when the displacement amount calculated switches from among the first gap sizes to the second gap sizes, from controlling the gap size based on the output voltage associated with the first gap sizes to controlling the gap size so that the displacement amount calculated based on the output voltage associated with the second gap sizes becomes equal to the reference displacement amount; and (lines 19-23) The Specification as filed on 30 December 2022 (as provided by the Applicant for support of the preceding limitation (see Remarks, filed 9 December 2025, pg. 5, paragraph 2 ) recites: The gap control unit 16 controls a gap size so that the displacement amount calculated by the displacement amount calculation unit 15 becomes equal to a reference displacement amount. That is, the gap control unit 16 controls a gap size so that the gap size between the machining head 2 and the surface of the workpiece becomes a constant amount. (pg. 10, par. [0023]) The shaft control unit 17 controls the drive shaft of the machining head 2 on the basis of the gap size controlled by the gap control unit 16. In this way, the machining head 2 is moved while the constant gap size is maintained, whereby the laser machining is performed. (pg. 10, par. [0024]) According to the present embodiment, the following effects can be achieved. In the present embodiment, there are provided a measurement interval storage unit 12 that stores multiple measurement intervals for output voltages to be measured by a gap size measurement unit 21, and stores a switching position at which the measurement intervals are switched, and a measurement interval control unit 13 that, on the basis of the measurement intervals and the switching position stored in the measurement interval storage unit 12, switches, at the switching position, the measurement interval of the output voltages measured by the gap size measurement unit 21. Additionally, a correlation table of a correlation between the output voltages and the gap size is generated by a correlation table generation unit 14 on the basis of the output voltages measured by the gap size measurement unit 21 at the measurement intervals and stored in the data storage unit 11, the measurement intervals being switched at the switching position by the measurement interval control unit 13. (pgs. 17-18, par. [0039]) Additionally, the Specification recites: The displacement amount calculation unit 15 calculates a displacement amount which is a distance from a reference position set in the vicinity of the surface of the workpiece on the basis of the output values newly measured by the gap size measurement unit 21 and the correlation table generated in advance by the correlation table generation unit 14. Specifically, the displacement amount calculation unit 15 refers to the correlation table generated in advance by the correlation table generation unit 14 and obtains a gap size from the approximate straight line obtained by performing the linear approximation between each sampling data, and the output voltages newly measured, thereby calculating a displacement amount which is a distance from a reference position set in the vicinity of the surface of the workpiece. (pg. 9, par. [0022]) In summary, the Specification supports controlling a gap size of a displacement from a reference position set in a vicinity of a surface of a workpiece that is calculated using a measured voltage output and gap sizes of a generated correlation table. The only support for switching (i.e. adjusting/updating) of controlling the gap size based on the output voltage associated with second gap sizes in the correlation table subsequent to controlling the gap size based on the output voltage associated with first gap sizes in the correlation table is found in the newly presented claims 1 and 5 filed on 30 December 2025 (i.e. the Specification as originally filed does not support the newly amended claims 1 and 5 as filed on 30 December 2025). Claims 2-4, dependent from claim 1, stand rejected under 35 U.S.C. 112(a) for the same rationale as set forth in claim 1. Claims 6-8, dependent from claim 5, stand rejected under 35 U.S.C. 112(a) for the same rationale as set forth in claim 5. Claim 10 recites: determining that the gap size determined based on the first linear approximation switching from among the first gap sizes to the second gap sizes; (lines 2-3) switching from determining the gap size based on the first linear approximation to determining the gap size based on the second linear approximation, in response to determining that the gap size switches from among the first gap sizes to the second gap sizes; (lines 4-6) The Specification as filed on 30 December 2022 recites: The displacement amount calculation unit 15 calculates a displacement amount which is a distance from a reference position set in the vicinity of the surface of the workpiece on the basis of the output values newly measured by the gap size measurement unit 21 and the correlation table generated in advance by the correlation table generation unit 14. Specifically, the displacement amount calculation unit 15 refers to the correlation table generated in advance by the correlation table generation unit 14 and obtains a gap size from the approximate straight line obtained by performing the linear approximation between each sampling data, and the output voltages newly measured, thereby calculating a displacement amount which is a distance from a reference position set in the vicinity of the surface of the workpiece. (pg. 9, par. [0022]) The gap control unit 16 controls a gap size so that the displacement amount calculated by the displacement amount calculation unit 15 becomes equal to a reference displacement amount. That is, the gap control unit 16 controls a gap size so that the gap size between the machining head 2 and the surface of the workpiece becomes a constant amount. (pg. 10, par. [0023]) The shaft control unit 17 controls the drive shaft of the machining head 2 on the basis of the gap size controlled by the gap control unit 16. In this way, the machining head 2 is moved while the constant gap size is maintained, whereby the laser machining is performed. (pg. 10, par. [0024]) According to the present embodiment, the following effects can be achieved. In the present embodiment, there are provided a measurement interval storage unit 12 that stores multiple measurement intervals for output voltages to be measured by a gap size measurement unit 21, and stores a switching position at which the measurement intervals are switched, and a measurement interval control unit 13 that, on the basis of the measurement intervals and the switching position stored in the measurement interval storage unit 12, switches, at the switching position, the measurement interval of the output voltages measured by the gap size measurement unit 21. Additionally, a correlation table of a correlation between the output voltages and the gap size is generated by a correlation table generation unit 14 on the basis of the output voltages measured by the gap size measurement unit 21 at the measurement intervals and stored in the data storage unit 11, the measurement intervals being switched at the switching position by the measurement interval control unit 13. (pgs. 17-18, par. [0039]) In summary, the Specification supports determining a gap size using a measured voltage output and gap sizes of a generated correlation table containing both a first and second linear approximation. The only support for switching (i.e. adjusting/updating) of determining the gap size based the first linear approximation to determining the gap size based on the second linear approximation, in response to determining the gap size changes from among first gap sizes to second gap sizes is found in the newly presented claim 10 filed on 30 December 2025 (i.e. the Specification as originally filed does not support the newly amended claim 10 as filed on 30 December 2025). The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 3, 4, and 7-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing 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 term “close” in claim 3 (line 5), claim 4 (line 5), claim 7 (line 3), and claim 8 (line 3) is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the Specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Hence, the limitation of “a position … to the workpiece” in claim 3 (line 5), claim 4 (line 5), claim 7 (line 3), and claim 8 (line 3) has been rendered indefinite by use of the phrase “close”. The term “far” in claim 3 (line 5), claim 4 (line 5), claim 7 (line 3), and claim 8 (line 3) is a relative term which renders the claim indefinite. The term “far” is not defined by the claim, the Specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Hence, the limitation of “a position … to the workpiece” in claim 3 (line 5), claim 4 (line 5), claim 7 (line 3), and claim 8 (line 3) has been rendered indefinite by use of the phrase “far”. Claim 9 recites: determining a gap size of a gap between the tip of the machining head and reference position relative to a surface of the workpiece based on the voltage and a first linear approximation of a non-linear correlation between first voltage values and first gap sizes between the tip of the machining head and the reference position sampled at a first sampling interval; controlling a drive shaft of the machining head to control the gap size of the gap to be equal to a reference amount based on the voltage and a second linear approximation of the non-linear correlation between second voltage values and second gap sizes between the tip of the machining head and the reference position sampled at a second sampling interval that is different from the first sampling interval; and The Specification as filed on 30 December 2022 recites: The displacement amount calculation unit 15 calculates a displacement amount which is a distance from a reference position set in the vicinity of the surface of the workpiece on the basis of the output values newly measured by the gap size measurement unit 21 and the correlation table generated in advance by the correlation table generation unit 14. Specifically, the displacement amount calculation unit 15 refers to the correlation table generated in advance by the correlation table generation unit 14 and obtains a gap size from the approximate straight line obtained by performing the linear approximation between each sampling data, and the output voltages newly measured, thereby calculating a displacement amount which is a distance from a reference position set in the vicinity of the surface of the workpiece. (pg. 9, par. [0022]) The gap control unit 16 controls a gap size so that the displacement amount calculated by the displacement amount calculation unit 15 becomes equal to a reference displacement amount. That is, the gap control unit 16 controls a gap size so that the gap size between the machining head 2 and the surface of the workpiece becomes a constant amount. (pg. 10, par. [0023]) The shaft control unit 17 controls the drive shaft of the machining head 2 on the basis of the gap size controlled by the gap control unit 16. In this way, the machining head 2 is moved while the constant gap size is maintained, whereby the laser machining is performed. (pg. 10, par. [0024]) According to the present embodiment, the following effects can be achieved. In the present embodiment, there are provided a measurement interval storage unit 12 that stores multiple measurement intervals for output voltages to be measured by a gap size measurement unit 21, and stores a switching position at which the measurement intervals are switched, and a measurement interval control unit 13 that, on the basis of the measurement intervals and the switching position stored in the measurement interval storage unit 12, switches, at the switching position, the measurement interval of the output voltages measured by the gap size measurement unit 21. Additionally, a correlation table of a correlation between the output voltages and the gap size is generated by a correlation table generation unit 14 on the basis of the output voltages measured by the gap size measurement unit 21 at the measurement intervals and stored in the data storage unit 11, the measurement intervals being switched at the switching position by the measurement interval control unit 13. (pgs. 17-18, par. [0039]) In summary, the claim limitations recites a gap size of a gap is initially determined based on of gap between a tip of a machining head and reference position relative to a surface of a workpiece based on a voltage and a first linear approximation of a non-linear correlation between first voltage values and first gap sizes between the tip of the machining head and the reference position sampled at a first sampling interval; and the gap size, determined based on the voltage and the first linear approximation, is subsequently controlled based on the voltage and a second linear approximation of the non-linear correlation between second voltage values and second gap sizes between the tip of the machining head and the reference position sampled at a second sampling interval that is different from the first sampling interval. The combination of claim limitations are indefinite since the claim recites two different methods of determining the same gap size. Hence, claim 9 is rendered indefinite. Claim 10, dependent from claim 9, stands rejected under 35 U.S.C. 112(b) for the same rationale as set forth in claim 9. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references are cited to further show the state of the art with respect to numerical control devices, lasers, and distance control methods and systems. *U.S. Patent Publication No. 2002/0153880 A1 discloses a digital eddy current proximity system including a digital impedance measuring device for digitally measuring proximity probes impedance correlative to displacement motion and position of a metallic target object being monitored. U.S. Patent Publication No. 2018/0104838 A1 discloses a laser machining apparatus includes a cutting head that irradiates a machining laser light to a machining target W, a guide laser that irradiates a visible guide light to the machining target W, and a power supply that supplies electric power to the guide laser. *U.S. Patent No. 4,471,443 discloses a method and apparatus used to compensate for thermal displacement and to correct a positional error caused by the thermally induced displacement of a spindle positioned in response to a numerical control system. U.S. Patent No. 12,449,784 B2 discloses a numerical control device comprises a distance control unit, a filter unit, a determination unit, and a setting unit. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER L NORTON whose telephone number is (571)272-3694. The examiner can normally be reached Monday - Friday 9:00 am - 5:30 p.m.. 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, Robert Fennema can be reached at 571-272-2748. 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. /JENNIFER L NORTON/Primary Examiner, Art Unit 2117
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Prosecution Timeline

Dec 30, 2022
Application Filed
Mar 29, 2025
Non-Final Rejection — §112
May 29, 2025
Interview Requested
Jun 09, 2025
Examiner Interview Summary
Jul 02, 2025
Response Filed
Jul 12, 2025
Final Rejection — §112
Aug 29, 2025
Interview Requested
Sep 11, 2025
Applicant Interview (Telephonic)
Sep 30, 2025
Response after Non-Final Action
Oct 06, 2025
Request for Continued Examination
Oct 07, 2025
Examiner Interview Summary
Oct 08, 2025
Response after Non-Final Action
Dec 09, 2025
Response Filed
Jan 12, 2026
Examiner Interview (Telephonic)
Feb 17, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

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

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Prosecution Projections

3-4
Expected OA Rounds
50%
Grant Probability
52%
With Interview (+1.3%)
3y 10m
Median Time to Grant
High
PTA Risk
Based on 594 resolved cases by this examiner. Grant probability derived from career allow rate.

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