Office Action Predictor
Last updated: April 15, 2026
Application No. 18/128,147

ADJUSTABLE FIXTURE ASSEMBLY FOR LASER MARKING OBJECTS

Non-Final OA §103§112
Filed
Mar 29, 2023
Examiner
BELAY, DILNESSA B
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Lmtgpr LLC
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
3y 5m
To Grant
89%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
129 granted / 209 resolved
-8.3% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
31 currently pending
Career history
240
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
18.8%
-21.2% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 209 resolved cases

Office Action

§103 §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. Specification The disclosure is objected to because of the following informalities: the specification in ¶ 0032 recites “A brake device 80 is connected to … when an extension element 80 is attached to …” referring to the “brake device” as well as the “extension element” as element number 80 and it’s ambiguous to assign the same designated number to different parts of the invention as recited in the paragraph. Appropriate correction is required. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “ 80 ” has been used to designate both “brake device” and “extension element” . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “ at least on clamping element” in claim 4 must be shown in the drawings or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Regarding Claim s 1 and 18 , these claims are objected to because of the following informalities: both claims start by reciting “An adjustable fixture assembly for marking objects, such a pistol , with laser…” and appear to have a typographical error in the term “ such a pistol” meant to read “such as a pistol ” . Claims 2 – 17 inherit this claim objection. Appropriate correction is required. Regarding claim 1 , this claim recites “…said second part is movable between multiple positions as said second section is fixed to said first part and further moved to a position wherein …” and the terms “second part” and “second section” appear to be referring to the same claimed element. Thus, should be the same terminology to avoid ambiguity. Claims 2 – 17 inherit this claim objection . Appropriate correction is required. Regarding claim 11 , this claim recites “…a female connector to mate with said opening and a central section with an inlet to mate with said opening .” The “said opening” referring to “a plurality of openings” defined in the inclined surface of claim 10. Thus, the term “said opening” should have been “ said one of the plurality openings” or “ said plurality of openings” to avoid ambiguity and antecedence issues. 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 appl icant regards as his invention. Claim s 1 – 18 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 18 , the phrase " such as” renders the claim indefinite because it is unclear whether the limitations following “such as ” are part of the claimed invention. See MPEP § 2173.05(d). C laims 2 – 17 inherit this rejection by virtue of their dependency. Regarding claim s 1 and 18, both of th ese claim s recite the limitation " … a clamping surface for engaging the rear side of the pistol … " . There is insufficient antecedent basis for “ the rear side of the pistol ” limitation in the claim s, rendering the claims indefinite. C laims 2 – 17 inherit this rejection by virtue of their dependency . Regrading claim 4 , this claim recites “…at least one clamping element movable to and away from the first axis A to fixedly engage the butt side of the pistol.” There is insufficient antecedent basis for “ the butt side of the pistol ” limitation in the claim, rendering the claim indefinite. Regarding claim 18 , this claim recites “…a clamping surface for engaging the rear side of the pistol…” in line 23 of the claim and then recites “…three clamping elements movable to and away from the first axis to fixedly engage the butt side of the pistol…” in lines 24 – 25 and it is not clear whether the “ butt side” and the “rear side” of the pistol are one and the same limitations referring to one another or different parts claimed, rendering the claim indefinite. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . Claim(s) 1 – 4 and 6 – 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fu, Mei-Ying (CN 207900884 U), hereinafter “Fu”, in view of Lee et al. ( US 2011 / 0101192 A1 ) and hereinafter “Lee” . Regarding claim 1 , Fu discloses an adjustable fixture assembly (an adjustable lathe machine, annotated FIG.1 ) for marking objects, such a pistol, with laser ( *Note - the limitation “for marking objects, such a pistol, with laser” is considered as a preamble statement reciting purpose or intended use of the “adjustable fixture assembly” claimed in the body of the claim . Thus , is considered not patentably distinguishing, see MPEP2111.02. II) , said adjustable fixture assembly comprising: a base including a platform having a first end, a second end, a pair of side walls (a base 7 having a first end, a second end and a pair of side wall, see annotated FIG.1) ; an activator section extending from said first end ( a lathe main unit 1 extending from the fist end of the base 7 , annotated FIG.1) , a circular base and a clamping surface for engaging the rear side of the pistol, wherein said clamping surface including a first axis (a chuck device 2 with a circular chuck body and clamping jaw surfaces for clamping an object and rotating about an axis, (0024, 0026 and see annotated FIG.1) ; a cradle member (a support plate 5 , see annotated FIG.1) of said activator section includes a tongue section (the support plate 5 has an extending section (tongue) protruding from the lathe main unit 1 (0024 and see annotated FIG.1)) ; and a weapon engaging section (a tool holder 16 , see annotated FIG.1) includes a first part connected to said tongue section ( the tool holder 16 includes lower part welded to the upper surface of the support plate 5 , (0024 and see annotated FIG.1) and a second part presenting a bracket section for holding the pistol to be marked, said second part is movable between multiple positions as said second section is fixed to said first part and further moved to a position wherein said second part is rotated about said first part as said bracket section is mover above said first part to fixedly engage the pistol and to prevent relative movement of the pistol in connection to said tongue section (an upper part of the tool holder 16 is movable in different positions with respect to the lower part, while the upper part of the tool holder 16 is fixedly connected to the lower prov iding a bracket for holding and fixedly positioning the polishing tool 15 protruding from the motor 14 , (0024 ,0026 and please see annotated FIG.1)) . Fu does not explicitly teach the weapon engaging section (tool holder 16 ) upper bracket part is for holding a pistol. However, Lee that relates to a ball joint assembly with a bracket for holding a fire arm, a pistol, an archery bow , and the like (0002, 0004 and see FIG. 1 – 3 and 6 – 9) , also teaches the bracket assembly (see FIGS. 1 – 3) including a pair of brackets ( 87, 89 ) spaced with a spacer 88 and strap 92 for holding the fire arm, pistol or archery bow for a working devices , (0055 and see FIG. 1 – 3 and 6 – 9). Lee also discusses that such a bracket provide s an e as y and quick ly adjust able positioning support f o r the fire arm, pistol or archery in the bracket to be worked up on by device , (0009 – 0014). Therefore, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to make upper bracket part of the tool holder 16 of Fu to be holding a pistol for a working device (laser) , as such brackets are known to provide an easy and quickly adjustable positioning support for hold ing parts, like a fire arm, a pistol, an archery bow , to be worked upon a working device as taught in Lee. Regarding claim 2 , Fu in view of Lee teaches t he adjustable fixture assembly as set forth in claim 1, wherein said activator section including a neck section and a motor section including a motor having said circular base (the lathe main unit 1 has a neck section and a motor section for rotating the clamping jaws, (0026 and see annotated FIG.1)) . Regarding claim 3 , Fu in view of Lee teaches t he adjustable fixture assembly as set forth in claim 1, wherein said base includes a pair of tracks extending between said first end, said a second end (the base includes sliding rails 3 extending from the first end to the second end, see annotated FIG.1) . Regarding claim 4 , Fu in view of Lee teaches t he adjustable fixture assembly as set forth in claim 1, wherein said clamping surface includes at least one clamping element movable to and away from the first axis A to fixedly engage the butt side of the pistol (the clamping jaw surfaces are rotatably extendable along the rotating chuck device 2 axis, (0026 and see annotated FIG.1)) . Regarding claim 6 , Fu in view of Lee teaches t he adjustable fixture assembly as set forth in claim 1, including a tower device (tailstock 13 , see annotated FIG.1) is engaged with at least one of said tracks and is slidable movable along said tracks between said first end and said second end (the tailstock 13 is configured to slide between the first end and second end along the guide rails 6 , (0024 and see annotated FIG.1)) , said tower device includes a carriage having a channel defined in the bottom of the carriage to engage at least one of the tracks (the tailstock 13 has connecting frame 9 (carriage) having channels that meshes with the guide rails 6 , (0024 and see annotated FIG.1)) . Regarding claim 7 , Fu in view of Lee teaches t he adjustable fixture assembly as set forth in claim 6, including a handle (a hand crank 8 , see annotated FIG.1) is connected to said carriage to move said tower device to and away from said activator section (the hand cr ank 8 is connected to the connecting frame 9 to move the tailstock 13 along the guide rail 6 to and from the lathe main unit 1 , (0024 and please see annotated FIG.1)) . Allowable Subject Matter Claim 18 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 5, 8 – 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DILNESSA B BELAY whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3136 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F approx. 8:00 am - 5:30 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, FILLIN "SPE Name?" \* MERGEFORMAT Steven Crabb can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)270-5095 . 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. /DILNESSA B BELAY/ Examiner, Art Unit 3761 /STEVEN W CRABB/ Supervisory Patent Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Mar 29, 2023
Application Filed
Feb 27, 2026
Non-Final Rejection — §103, §112
Mar 19, 2026
Response Filed

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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
62%
Grant Probability
89%
With Interview (+27.2%)
3y 5m
Median Time to Grant
Low
PTA Risk
Based on 209 resolved cases by this examiner. Grant probability derived from career allow rate.

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