Office Action Predictor
Last updated: April 15, 2026
Application No. 18/040,235

SURFACE TREATMENT APPARATUS AND SURFACE TREATMENT METHOD

Final Rejection §112
Filed
Feb 01, 2023
Examiner
BERMAN, JASON
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shibaura Machine Co., LTD.
OA Round
2 (Final)
63%
Grant Probability
Moderate
3-4
OA Rounds
3y 5m
To Grant
90%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allow Rate
569 granted / 901 resolved
-1.8% vs TC avg
Strong +27% interview lift
Without
With
+27.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
25 currently pending
Career history
926
Total Applications
across all art units

Statute-Specific Performance

§103
61.6%
+21.6% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 901 resolved cases

Office Action

§112
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 . DETAILED ACTION Status of the Claims Claims 1-9, 11 are pending in the current application. Response to Amendment Applicant’s amendment of 9/12/25 does not render the application allowable. Status of the Rejections All rejections from the previous office action are withdrawn. New grounds of rejection under 35 USC 112 are necessitated by the amendments. 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 1-9 and 11 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. Claim 1 recites the limitation "the side of the surface treatment device" in line 14. There is insufficient antecedent basis for this limitation in the claim. Claim 1 recites the limitation “the surface treatment device not selected” in lines 15-16. There is insufficient antecedent basis for this limitation in the claim. The claim previously requires ‘surface treatment devices’ and selecting ‘one surface treatment device’. Antecedent basis would only exist if the claim limited the number of treatment devices to two. Claims 8-9 recites the limitation "the surface treatment device". There is insufficient antecedent basis for this limitation in the claim. The parent claim contains support for a plurality of surface treatment devices. Claim 11 requires ‘a housing unit which has a surface treatment device…” [emphasis added] and then further contains further limitations directed towards selecting ‘one surface treatment device’ and ‘the surface treatment device not selected’. It is unclear from these limitation as to whether a plurality of surface treatment devices is required. Claim 11 recites the limitation "the side of the surface treatment device" in line 7. There is insufficient antecedent basis for this limitation in the claim. Claims 2-7 are rejected for their dependence upon claim 1. Response to Arguments Applicant’s arguments have been considered but are moot in view of the withdrawal of the previous rejections. The newly presented rejections under 35 USC 112(b) are in response to the instant amendments to the claims. 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 JASON BERMAN whose telephone number is (571)270-5265. The examiner can normally be reached Monday-Thursday 8-4. 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, James Lin can be reached at (571) 272-8902. 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. /JASON BERMAN/ Primary Examiner, Art Unit 1794
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Prosecution Timeline

Feb 01, 2023
Application Filed
Jun 10, 2025
Non-Final Rejection — §112
Sep 12, 2025
Response Filed
Dec 22, 2025
Final Rejection — §112
Mar 30, 2026
Response after Non-Final Action

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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
63%
Grant Probability
90%
With Interview (+27.1%)
3y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 901 resolved cases by this examiner. Grant probability derived from career allow rate.

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