Prosecution Insights
Last updated: April 19, 2026
Application No. 18/029,258

MACHINE TOOL

Final Rejection §103§112
Filed
Mar 29, 2023
Examiner
MERCADO, ALEXANDER A
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Fanuc Corporation
OA Round
4 (Final)
69%
Grant Probability
Favorable
5-6
OA Rounds
3y 0m
To Grant
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
409 granted / 593 resolved
+1.0% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
35 currently pending
Career history
628
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
31.2%
-8.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 593 resolved cases

Office Action

§103 §112
DETAILED ACTION Examiner has received and accepted the amended claims and remarks filed on 25 November 2025. These amended claims and remarks are the claims and remarks being referred to in the instant Office Action. Response to Arguments Applicant's arguments have been fully considered but they are not persuasive. The newly added claim limitations have been addressed in the 112(b) and 103 Rejections below. Claim Objections Claims 1 and 2 are objected to because of the following informalities: Regarding Claims 1 and 2, in the “an acquisition unit” clause, “and” should be inserted between “shaft,” and “acquire”. Appropriate correction is required. Claim Rejections - 35 USC § 112 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 1 – 6 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. Regarding Claims 1 and 2, the claims recite “gradually increase or decrease the rotation speed of the rotation shaft”. It is unclear as to what types of increases or decreases in speed can be considered “gradual” thus rendering the claims indefinite. Claims dependent upon a rejected claim are therefore rejected as well. 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) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US 2020/0125072), in view of Koeniger et al. (WO 2009/156094). Regarding Claim 1, Yamamoto discloses, in at least Figure 1, a machine tool (Figure 1) that machines a workpiece using a tool (15), the machine tool comprising: a motor (in 2a) [0045] including a rotation shaft (feed shaft attached to tool spindle) [0042]; a motor drive unit (3D) configured to drive the motor [0058]; a command unit (3B) configured to output, as a command value, a specified rotation speed that is predetermined to the motor drive unit [0061]; an encoder configured to detect a rotation speed of the rotation shaft [0044]; a vibration sensor provided in the machine tool and configured to detect an amount of vibration generated during rotation of the rotation shaft [0044]; an acquisition unit (4) configured to acquire the amount of vibration detected by the vibration sensor when the rotation speed detected by the encoder is the specified rotation speed that has been output to the motor drive unit as a command value (according to program) [0070, 0087]; and a display control unit (4C) [0074] configured to cause a display unit to display the specified rotation speed that has been output to the motor drive unit as the command value (spindle speed) (Figure 11) and display the amount of vibration (vibration acceleration) acquired by the acquisition unit, in association with each other (Figure 11). Yamamoto, as best understood, discloses gradually increasing or decreasing the rotation speed of the rotation shaft (e.g. beginning or ending a program) [0051, 0058, 0059]; but fails to expressly disclose the acquisition unit is configured for this function. As the NC unit (3) and acquisition unit (4) are merely housings including electronic devices, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention that the units could be separate as disclosed or combined i.e. the acquisition unit being configured to gradually increase or decrease the rotation speed of the rotation shaft. Combining the units would have been obvious for the benefit of a singular unit which can be replaced should it need maintenance or repair, allowing for efficient diagnosis and reduced downtime. Yamamoto also fails to expressly disclose the encoder is provided in the motor. Examiner takes Official Notice it is common knowledge in the art rotary encoders have two components, one moving relative to the other to measure rotational speed. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to place one component in the motor e.g. a magnetic strip on the shaft and the other component e.g. magnetic sensor adjacent the strip i.e. in the motor, for the benefit of measuring rotational speed as well as protecting the encoder from the machining environment. Nevertheless, Yamamoto fails to expressly disclose the command unit is configured to generate, in the rotation shaft, vibration necessary for observing a balance state of a rotating body of the machine tool, in a case where a support mode for supporting adjustment operation for adjusting the balance state. Koeniger teaches the command unit (25) is configured to generate, in the rotation shaft, vibration necessary for observing a balance state of a rotating body of the machine tool, in a case where a support mode for supporting adjustment operation for adjusting the balance state [0027, 0043 - 0045]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Yamamoto so that the command unit is configured to generate, in the rotation shaft, vibration necessary for observing a balance state of a rotating body of the machine tool, in a case where a support mode for supporting adjustment operation for adjusting the balance state for the benefit of fast and targeted automatic balancing due to the targeted positioning of the balancing mass, as taught by Koeniger [0007]. Regarding Claim 4, Yamamoto discloses the motor drive unit is provided in a control device (in 3) configured to control a machine main body [0059], and the acquisition unit and the display control unit are provided in a device (4) configured to be separated from the control device (Figure 1). Claim(s) 2 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US 2020/0125072), in view of Tanaka et al. (US 2019/0030730), in further view of Koeniger et al. (WO 2009/156094). Regarding Claim 2, Yamamoto discloses, in at least Figure 1, a machine tool (Figure 1) that machines a workpiece using a tool (15), the machine tool comprising: a motor (in 2a) [0045] including a rotation shaft (feed shaft attached to tool spindle) [0042]; a motor drive unit (3D) configured to drive the motor; a command unit (3B) configured to output, as a command value, a specified rotation speed that is predetermined to the motor drive unit [0061]; a vibration sensor provided in the machine tool and configured to detect an amount of vibration generated during rotation of the rotation shaft [0044]; a speed estimation unit configured to estimate a rotation speed of the rotation shaft [0044]; an acquisition unit (4) configured to acquire the amount of vibration detected by the vibration sensor when the rotation speed detected by the speed estimation unit is the specified rotation speed that has been output to the motor drive unit as a command value (according to program) [0070, 0087]; and a display control unit (4C) [0074] configured to cause a display unit to display the specified rotation speed that has been output to the motor drive unit as the command value (spindle speed) (Figure 11) and display the amount of vibration (vibration acceleration) acquired by the acquisition unit, in association with each other (Figure 11). Yamamoto, as best understood, discloses gradually increasing or decreasing the rotation speed of the rotation shaft (e.g. beginning or ending a program) [0051, 0058, 0059]; but fails to expressly disclose the acquisition unit is configured for this function. As the NC unit (3) and acquisition unit (4) are merely housings including electronic devices, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention that the units could be separate as disclosed or combined i.e. the acquisition unit being configured to gradually increase or decrease the rotation speed of the rotation shaft. Combining the units would have been obvious for the benefit of a singular unit which can be replaced should it need maintenance or repair, allowing for efficient diagnosis and reduced downtime. Yamamoto teaches the use of a rotary encoder to determine rotational speed of the shaft [0044] and fails to expressly disclose a current sensor provided in the motor or the motor drive unit and configured to detect a drive current output to the motor; the speed estimation unit configured to estimate the rotation speed of the rotation shaft based on a signal obtained from the current sensor. Tanaka teaches an alternative to a rotary encoder for use in determining rotation of a shaft and motor [0046, 0047] includes a current sensor provided in a motor drive unit (45) [0046, 0047] and configured to detect a drive current output to the motor [0047]; and a speed estimation unit configured to estimate the rotation speed of the rotation shaft based on a signal obtained from the current sensor (inherently present and obvious to one of ordinary skill in the art so that current data can converted into speed) [0047]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Yamamoto to use an art recognized alternative for the rotary encoder, including a current sensor and speed estimation unit i.e. circuitry or processor to determine rotational speed from the measured current, which performs the same function as the rotary encoder with predictable functions and expectation of success for the benefit of minimizing the number of sensor which must be mounted to the motor, thus allowing for selection of a universal motor and/or facilitating easy of replacement of parts as sensors do not need to be detached/reattached. Nevertheless, the combination fails to expressly disclose the command unit is configured to generate, in the rotation shaft, vibration necessary for observing a balance state of a rotating body of the machine tool, in a case where a support mode for supporting adjustment operation for adjusting the balance state. Koeniger teaches the command unit (25) is configured to generate, in the rotation shaft, vibration necessary for observing a balance state of a rotating body of the machine tool, in a case where a support mode for supporting adjustment operation for adjusting the balance state [0027, 0043 - 0045]. As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Yamamoto so that the command unit is configured to generate, in the rotation shaft, vibration necessary for observing a balance state of a rotating body of the machine tool, in a case where a support mode for supporting adjustment operation for adjusting the balance state for the benefit of fast and targeted automatic balancing due to the targeted positioning of the balancing mass, as taught by Koeniger [0007]. Regarding Claim 6, Yamamoto discloses the motor drive unit is provided in a control device (in 3) configured to control a machine main body [0059], and the acquisition unit and the display control unit are provided in a device (4) configured to be separated from the control device (Figure 1), wherein it would have been obvious in the combination to include the command unit in the device for the benefit of keeping the electronics together for replacement and/or repair. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US 2020/0125072), in view of Koeniger et al. (WO 2009/156094), in further view of Applicant’s Admitted Prior Art (AAPA). Regarding Claim 3, Yamamoto discloses a storage control unit configured to cause a storage unit (4E) to store the specified rotation speed that has been output as the command value and store the amount of vibration acquired by the acquisition unit, in association with each other (4E stores information according to time [0129] pertaining to detection information, where detection information includes data from 21 [0055] which include the rotary speed and vibration information [0044]); and a calculation unit (4C). Yamamoto fails to expressly disclose the calculation unit configured to calculate at least one of a correction angle or a correction amount for a balance state with respect to the rotation shaft, based on a difference between the amount of vibration stored in the storage unit before an adjustment operation for adjusting the balance state with respect to the rotation shaft and the amount of vibration stored in the storage unit after the adjustment operation, wherein the display control unit causes the display unit to display at least one of the difference, the correction angle, or the correction amount. AAPA teaches calculating at least one of a correction angle or a correction amount for a balance state with respect to a rotation shaft, based on a difference between a previous amount of vibration before an adjustment operation for adjusting the balance state with respect to the rotation shaft and an amount of vibration after the adjustment operation (see [0045] of the filed specification, the sole disclosure providing support for any correction calculation). As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Yamamoto in view of AAPA to utilize data already collected in the storage device and the already provided calculation unit to calculate at least one of a correction angle or a correction amount for a balance state with respect to the rotation shaft, based on a difference between the amount of vibration stored in the storage unit before an adjustment operation for adjusting the balance state with respect to the rotation shaft and the amount of vibration stored in the storage unit after the adjustment operation for the benefit of monitoring the balance of the shaft over time for maintenance purposed e.g. to balance or replace the shaft ensuring accuracy in the machining process. Furthermore, Yamamoto discloses displaying alarm identification information [0247, 0248]. As such, it also would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to have the display control unit causes the display unit to display at least one of the difference, the correction angle, or the correction amount for the benefit of informing a user why an alarm/abnormality was detected, as taught by Yamamoto [0180, 0248]. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto et al. (US 2020/0125072), in view of Tanaka et al. (US 2019/0030730), in further view of Koeniger et al. (WO 2009/156094), in further view of Applicant’s Admitted Prior Art (AAPA). Regarding Claim 5, Yamamoto discloses a storage control unit configured to cause a storage unit (4E) to store the specified rotation speed that has been output to the motor drive unit as the command value and store the amount of vibration acquired by the acquisition unit, in association with each other (4E stores information according to time [0129] pertaining to detection information, where detection information includes data from 21 [0055] which include the rotary speed and vibration information [0044]); and a calculation unit (4C). Yamamoto fails to expressly disclose the calculation unit configured to calculate at least one of a correction angle or a correction amount for a balance state with respect to the rotation shaft, based on a difference between the amount of vibration stored in the storage unit before an adjustment operation for adjusting the balance state with respect to the rotation shaft and the amount of vibration stored in the storage unit after the adjustment operation, wherein the display control unit causes the display unit to display at least one of the difference, the correction angle, or the correction amount. AAPA teaches calculating at least one of a correction angle or a correction amount for a balance state with respect to a rotation shaft, based on a difference between a previous amount of vibration before an adjustment operation for adjusting the balance state with respect to the rotation shaft and an amount of vibration after the adjustment operation (see [0045] of the filed specification, the sole disclosure providing support for any correction calculation). As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination in view of AAPA to utilize data already collected in the storage device and the already provided calculation unit to calculate at least one of a correction angle or a correction amount for a balance state with respect to the rotation shaft, based on a difference between the amount of vibration stored in the storage unit before an adjustment operation for adjusting the balance state with respect to the rotation shaft and the amount of vibration stored in the storage unit after the adjustment operation for the benefit of monitoring the balance of the shaft over time for maintenance purposed e.g. to balance or replace the shaft ensuring accuracy in the machining process. Furthermore, Yamamoto discloses displaying alarm identification information [0247, 0248]. As such, it also would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the combination to have the display control unit causes the display unit to display at least one of the difference, the correction angle, or the correction amount for the benefit of informing a user why an alarm/abnormality was detected, as taught by Yamamoto [0180, 0248]. 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 ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm 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, Laura Martin can be reached at (571) 272-2160. 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. ALEXANDER A. MERCADO Primary Examiner Art Unit 2855 /ALEXANDER A MERCADO/Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Mar 29, 2023
Application Filed
Mar 17, 2025
Non-Final Rejection — §103, §112
Jun 16, 2025
Response Filed
Jun 19, 2025
Final Rejection — §103, §112
Aug 22, 2025
Request for Continued Examination
Aug 25, 2025
Response after Non-Final Action
Aug 25, 2025
Non-Final Rejection — §103, §112
Nov 25, 2025
Response Filed
Dec 16, 2025
Final Rejection — §103, §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

5-6
Expected OA Rounds
69%
Grant Probability
89%
With Interview (+19.6%)
3y 0m
Median Time to Grant
High
PTA Risk
Based on 593 resolved cases by this examiner. Grant probability derived from career allow rate.

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