Prosecution Insights
Last updated: April 19, 2026
Application No. 18/014,657

JOINT FOR A DEVICE MOVEABLE IN VACUUM, MECHANISM FOR MOVING A DEVICE IN VACUUM AND DEVICE

Final Rejection §103
Filed
Jan 05, 2023
Examiner
FERGUSON, MICHAEL P
Art Unit
3619
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Max-Planck-Gesellschaft zur Förderung der Wissenschaften e.V.
OA Round
4 (Final)
63%
Grant Probability
Moderate
5-6
OA Rounds
3y 2m
To Grant
99%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allow Rate
793 granted / 1253 resolved
+11.3% vs TC avg
Strong +74% interview lift
Without
With
+74.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
48 currently pending
Career history
1301
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
42.7%
+2.7% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
28.5%
-11.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1253 resolved cases

Office Action

§103
DETAILED ACTION 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. Claims 31, 32, 34-39 and 41-48 are rejected under 35 U.S.C. 103 as being unpatentable over Safran Landing Systems (EP 3 153 404). As to claim 31 as best understood, Safran Landing Systems discloses a joint for a device capable of moving in vacuum, the joint comprising a supporting part 10, a mobile part 14 and a guiding and connecting part 19, wherein the mobile part and the supporting part each have at least a region of convex shape, with the regions of convex shape of the mobile part and of the supporting part facing one another and with the guiding and connecting part being arranged directly between the mobile part and the supporting part and thereby being clamped between the region of convex shape of the mobile part and the region of convex shape of the supporting part (guiding and connecting part 19 is arranged directly between opposing convex portions of mobile part 14 and supporting part 10, and thus clamped therebetween; Figure 2), wherein the guiding and connecting part has a greater bending elasticity than either of the supporting part and the mobile part and the guiding and connecting part has a reduced thickness in comparison to the supporting part and the mobile part, and wherein the mobile part can move relative to the supporting part, wherein the mobile part and/or supporting part comprises a wall thickness A (Figure 1 reprinted below with annotations), and wherein the respective region of convex shape of the mobile part and of the supporting part is formed by bending a respective first part of the region of convex shape relative to a second part of the region of convex shape (the respective region of convex shape of mobile part 14 and of supporting part 10 is formed by curving a respective first part of the region of convex shape relative to a second part of the region of convex shape; and thus formed by “bending” such surface; Figures 1-4). [AltContent: textbox (A)][AltContent: arrow][AltContent: arrow][AltContent: connector][AltContent: connector] PNG media_image1.png 369 199 media_image1.png Greyscale Safran Landing Systems fails to explicitly disclose a joint wherein the bend of the respective region of convex shape of the mobile part and of the supporting part is selected in the range of 10 to 80o. Safran Landing Systems does not disclose any structural or functional significances as to the specific radius of curvature of the respective region of convex shape of the mobile part and of the supporting part. Applicant is reminded that a change in the shape of a prior art device, wherein there is no structural or functional significance disclosed as to the specific shape of an element, is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the joint disclosed by Safran Landing Systems wherein the bend of the respective region of convex shape of the mobile part and of the supporting part is selected in the range of 10 to 80o, as Safran Landing Systems does not disclose any structural or functional significances as to the specific radius of curvature of the respective region of convex shape of the mobile part and of the supporting part, and as such practice is a design consideration within the skill of the art which would yield expected and predictable results. Safran Landing Systems fails to explicitly disclose a joint wherein a thickness of the mobile part and/or the supporting part is selected in the range of 0.5 mm to 2 mm. Safran Landing Systems does not disclose any structural or functional significance as to the specific thickness of the mobile part or the supporting part. Examiner notes that a thickness of 2 mm is within the inherent range of structurally-sound acceptable wall thicknesses for a steel or titanium landing gear linkage of a small aircraft (paragraph [0024]). Applicant is reminded that a change in the size of a prior art device, wherein there is no structural or functional significance disclosed as to the specific size of an element, is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the joint disclosed by Safran Landing Systems wherein a thickness of the mobile part and/or the supporting part is selected in the range of 0.5 mm to 2 mm, as Safran Landing Systems does not disclose any structural or functional significance as to the specific thickness of the mobile part or the supporting part, and as such change in size is a design consideration within the skill of the art that would yield expected and predictable results; and as it would be expected that one of ordinary skill in the art would routinely experiment to arrive at the optimum or workable dimensions for a given application. As to claim 32, Safran Landing Systems discloses a joint wherein the region of convex shape of at least one of the mobile part 14 and the supporting part 10 has an arcuate shape (Figures 1-4). As to claim 34, Safran Landing Systems discloses a joint wherein the region of convex shape of the mobile part 14 and of the supporting part 10 is formed such that the mobile part and the supporting part each have a surface forming a part cylindrical axis (Figures 1-4). As to claim 35, Safran Landing Systems discloses a joint wherein a plane containing the part cylindrical axes of the surfaces of the mobile part 14 and the supporting part 10 contains contact lines of the mobile part and the supporting part with the guiding and connecting part 19 (Figures 1-4). As to claim 36, Safran Landing Systems discloses a joint wherein the guiding and connecting part 19 inherently has a thickness selected in the range of 0.02 µm to 5 cm; and/or wherein the guiding and connecting part inherently has a bending elasticity which is at least twice the bending elasticity of the mobile part 14 and/or of the supporting part 10 (Figures 1-4). As to claim 37, Safran Landing Systems discloses a joint wherein the guiding and connecting part 19, the mobile part 14 and the supporting part 10 are separate components (Figures 1-4). As to claim 38, Safran Landing Systems discloses a joint wherein the mobile part 14 can rotate relative to the supporting part 10, with a range of rotation being selected in the range of 20 to 160o (Figures 1-4). As to claim 39, Safran Landing Systems discloses a joint wherein the mobile part 14 comprises a material selected from the group of members consisting of metal and plastic; and/or wherein the supporting part 10 comprises a material selected from the group of members consisting of metal and plastic (Figures 1-4; paragraph [0024]). As to claim 40, Safran Landing Systems discloses a joint wherein a thickness of the mobile part 14 is inherently selected in the range of 0.04 µm to 100 cm; and/or wherein a thickness of the supporting part 10 is inherently selected in the range of 0.04 µm to 100 cm. As to claim 41, Safran Landing Systems discloses a joint wherein the guiding and connecting part 19 is fastened to at least one of the mobile part 14 and the supporting part 10 (Figures 1-4). As to claim 42, Safran Landing Systems discloses a joint wherein one or more ends of the guiding and connecting part 19 is fastened to at least one of the mobile part 14 and the supporting part 10 (Figures 1-4). As to claim 43, Safran Landing Systems discloses a joint wherein one or more ends of the guiding and connecting part 19 is fastened to at least one of the mobile part 14 and the supporting part 10 and wherein the guiding and connecting part is fastened to at least one of the mobile part and the supporting part by at least one of spot welding, welding, soldering, brazing, screwing, bonding and riveting (Figures 1-4; paragraph [0034]). As to claim 44, Safran Landing Systems discloses a mechanism capable of moving a device in vacuum, the mechanism comprising a plurality of joints, each of the joints comprising a supporting part 10, a mobile part 14 and a guiding and connecting part 19, wherein the mobile part and the supporting part each have at least a region of convex shape, with the regions of convex shape of the mobile part and of the supporting part facing one another and with the guiding and connecting part being arranged, between the regions of convex shape, wherein the guiding and connecting part has a greater bending elasticity than either of the supporting part and the mobile part and the guiding and connecting part has a reduced thickness in comparison to the supporting part and the mobile part, and wherein the mobile part can move relative to the supporting part (Figures 1-4). As to claim 45, Safran Landing Systems discloses a mechanism wherein the mechanism comprises four joints (multiple linkage assemblies not shown; paragraph [0019]; each linkage assembly comprises a pair of joints; Figure 2). As to claim 46, Safran Landing Systems discloses a mechanism wherein the mechanism is a parallelogram mechanism with one side of the parallelogram mechanism being held fixed to a further component and the plurality of joints being arranged at the edges of the parallelogram mechanism (multiple parallel linkage assemblies not shown; paragraph [0019]; each linkage assembly comprises a pair of joints; Figure 2). As to claim 47, Safran Landing Systems discloses a mechanism wherein the parallelogram mechanism is configured to be moved to and fro in one direction relative to the one side of the parallelogram mechanism held fixed to the further component (multiple parallel linkage assemblies not shown; paragraph [0019]; each linkage assembly comprises a pair of joints; Figure 2). As to claim 48, Safran Landing Systems discloses a device comprising a plurality of joints, each of the joints comprising a supporting part 10, a mobile part 14 and a guiding and connecting part 19, wherein the mobile part and the supporting part each have at least a region of convex shape, with the regions of convex shape of the mobile part and of the supporting part facing one another and with the guiding and connecting part being arranged, between the regions of convex shape, wherein the guiding and connecting part has a greater bending elasticity than either of the supporting part and the mobile part and the guiding and connecting part has a reduced thickness in comparison to the supporting part and the mobile part, and wherein the mobile part can move relative to the supporting part, the device being capable of moving in a vacuum (Figures 1-4). Response to Arguments Applicant’s arguments with respect to claim 31 have been considered but are moot because the new ground of rejection does not rely on the same interpretation of the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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. 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 MICHAEL P FERGUSON whose telephone number is (571)272-7081. The examiner can normally be reached M-F (10:00 am-7:00 pm EST). 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, Anna Momper can be reached on (571)270-5788. 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. 02/27/26 /MICHAEL P FERGUSON/Primary Examiner, Art Unit 3619
Read full office action

Prosecution Timeline

Jan 05, 2023
Application Filed
Apr 01, 2025
Non-Final Rejection — §103
Jul 01, 2025
Response Filed
Jul 29, 2025
Final Rejection — §103
Oct 23, 2025
Response after Non-Final Action
Oct 30, 2025
Request for Continued Examination
Nov 06, 2025
Response after Non-Final Action
Nov 06, 2025
Non-Final Rejection — §103
Feb 10, 2026
Response Filed
Feb 27, 2026
Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601198
PANEL FOR A RACKABLE BARRIER
2y 5m to grant Granted Apr 14, 2026
Patent 12595819
HINGE SYSTEM WITH ADJUSTABLE RESISTANCE
2y 5m to grant Granted Apr 07, 2026
Patent 12584328
MODULAR FENCE ASSEMBLY
2y 5m to grant Granted Mar 24, 2026
Patent 12577980
FLOATING JOINT AND ULTRASONIC VIBRATION JOINING APPARATUS
2y 5m to grant Granted Mar 17, 2026
Patent 12577978
IMPROVED HINGE ASSEMBLY
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

5-6
Expected OA Rounds
63%
Grant Probability
99%
With Interview (+74.1%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 1253 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month