Prosecution Insights
Last updated: April 19, 2026
Application No. 18/143,086

NON-CONTACTING SWITCH CONTROL SYSTEM

Final Rejection §102
Filed
May 04, 2023
Examiner
ALMO, KHAREEM E
Art Unit
2849
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Darwin Precisions Corporation
OA Round
6 (Final)
87%
Grant Probability
Favorable
7-8
OA Rounds
2y 5m
To Grant
92%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allow Rate
615 granted / 704 resolved
+19.4% vs TC avg
Minimal +5% lift
Without
With
+4.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
41 currently pending
Career history
745
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
57.6%
+17.6% vs TC avg
§112
4.5%
-35.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 704 resolved cases

Office Action

§102
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 . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Akazawa (US 11995359). PNG media_image1.png 760 1022 media_image1.png Greyscale PNG media_image2.png 765 770 media_image2.png Greyscale PNG media_image3.png 491 672 media_image3.png Greyscale PNG media_image4.png 489 593 media_image4.png Greyscale PNG media_image5.png 517 866 media_image5.png Greyscale PNG media_image6.png 522 693 media_image6.png Greyscale PNG media_image7.png 425 654 media_image7.png Greyscale PNG media_image8.png 283 602 media_image8.png Greyscale PNG media_image9.png 321 636 media_image9.png Greyscale PNG media_image10.png 423 596 media_image10.png Greyscale PNG media_image11.png 427 552 media_image11.png Greyscale PNG media_image12.png 754 527 media_image12.png Greyscale With respect to claim 1, figs. 1-10 of Akazawa et al. (US 11995359) discloses a non-contacting switch control system, comprising: a switch set (31-36), configured to receive a sensing signal (input into sensor 503) from a sensing target (finger or stylus), the switch set comprising a first non-contacting switch (33) and a second non-contacting switch (34); a storage unit (102/103/108/ built-in ROM not illustrated), configured to store a control program (“The operation-portion CPU 401 operates based on a program stored in a built-in ROM (not illustrated), to communicate with the controller 100 ... The RAM 102 is used for storing a program for causing the CPU 101 to operate or as a work area for information processing or image processing. The ROM 103 stores a boot program for causing the CPU 101 to boot and backup data of control parameters for image control. At the time of power startup of the image forming apparatus 1, the CPU 101 reads out the boot program from the ROM 103, stores the boot program in the RAM 102, and initializes each component according to the boot program.”); and a processing unit (CPU 101/ CPU 401), connected to the switch set and the storage unit, and configured to execute the control program and control the switch set based on the sensing signal ,wherein the control program comprises: in a first operating mode (touchless mode), determining whether the first non-contacting switch (33) receives an identification signal (ON); and disabling, by the first non-contacting switch, the second non-contacting switch (34) by entering the non-contacting switch control system to a second operating mode when it is determined that the first non-contacting switch receives the identification signal, wherein the disabled second non-contacting switch performs no action when being triggered. (“The setting screen 11 also includes a “touchless ON” button 33 for making the touchless operation unit 500 valid and a “touchless OFF” button 34 for making the touchless operation unit 500 invalid. “) With respect to claim 2, Akazawa et al. (US 11995359) discloses a non-contacting switch control system, comprising: a switch set (31-36), configured to receive a sensing signal (input into sensor 503) from a sensing target (finger or stylus), the switch set comprising a first non-contacting switch (33) and a second non-contacting switch (34) ;a storage unit (102/103/108/ built-in ROM not illustrated),, configured to store a control program (“The operation-portion CPU 401 operates based on a program stored in a built-in ROM (not illustrated), to communicate with the controller 100 ... The RAM 102 is used for storing a program for causing the CPU 101 to operate or as a work area for information processing or image processing. The ROM 103 stores a boot program for causing the CPU 101 to boot and backup data of control parameters for image control. At the time of power startup of the image forming apparatus 1, the CPU 101 reads out the boot program from the ROM 103, stores the boot program in the RAM 102, and initializes each component according to the boot program.”);;a processing unit (CPU 101/ CPU 401),, connected to the switch set and the storage unit, and configured to execute the control program and control the switch set based on the sensing signal, wherein the control program comprises: in a first operating mode (touchless mode), determining whether the first non-contacting switch receives an identification signal (ON); and disabling, by the first non-contacting switch (33), the second non-contacting switch (34) by entering the non-contacting switch control system to a second operating mode when it is determined that the first non-contacting switch receives the identification signal, wherein the disabled second non-contacting switch performs no action when being triggered; (“The setting screen 11 also includes a “touchless ON” button 33 for making the touchless operation unit 500 valid and a “touchless OFF” button 34 for making the touchless operation unit 500 invalid. “ Thus the selection is grayed out) and a timing unit (infrared sensor “The touchless sensor 503 is, for example, an infrared sensor and emits or receives infrared light at predetermined timings”) (alternatively cpu’s inherently have a timing unit/clock integrated within the processor that determines how fast the processor executes its instructions) , and a timing unit (503 or infrared sensor) (infrared sensor “The touchless sensor 503 is, for example, an infrared sensor and emits or receives infrared light at predetermined timings”) (alternatively cpu’s inherently have a timing unit/clock integrated within the processor that determines how fast the processor executes its instructions) connected to the processing unit (CPU 101/ CPU 401), and configured to count in a first time period (predetermined timing) wherein the control program further comprises: when the non-contacting switch control system enters the second operating mode (OFF), counting in the first time period by the timing unit; and when counting the first time period is completed, configuring the on-contacting switch control system to enter the first operating mode (ON). With respect to claim 3, Akazawa discloses the non-contacting switch control system according to claim 1, wherein the switch set comprises: a receiving unit (503) configured to receive the identification signal, the identification signal comprising an external signal sent by an external device (finger or stylus). With respect to claim 4 Akazawa discloses the non-contacting switch control system according to claim 1, wherein the switch set comprises an emitting unit and a receiving unit (containined insider the infrared sensor 503), and the identification signal comprises a reflection signal of an internal signal; and the emitting unit emits the internal signal to the sensing target, and the receiving unit receives the reflection signal of the internal signal. (“In the touchless mode, a touchless sensor 503 detects, at a location a predetermined distance away from the display face of the LCD 406 in the direction orthogonal to the display face of the LCD 406, the position of the instruction portion having come to the location, and a touchless-sensor control portion 502 generates coordinate data indicating the detected position. That is, the touchless sensor 503 and a touchless-sensor control portion 502 correspond to a second generation portion that detects the position of the instruction portion having come to the location a predetermined distance away from the display face of the LCD 406 and generates second input information (coordinate data) indicating the detected position.”) With respect to claim 5 Akazawa discloses the non-contacting switch control system according to claim 2, wherein the timing unit (infrared sensor “The touchless sensor 503 is, for example, an infrared sensor and emits or receives infrared light at predetermined timings”) (alternatively cpu’s inherently have a timing unit/clock integrated within the processor that determines how fast the processor executes its instructions) is further configured to count in a second time period (This is interpreted as one of the subsequent predetermined intervals), and the control program further comprises: when the first non-contacting switch receives the identification signal, counting in the second time period by the timing unit, determining whether the first non-contacting switch receives the identification signal continuously in the second time period, and obtaining a second determination result; and when the second determination result is true, configuring the non-contacting switch control system to enter the second operating mode and disabling the second non-contacting switch. With respect to claim 6 Akazawa discloses the non-contacting switch control system according to claim 2, further comprising a timing unit (503 or infrared sensor) connected to the processing unit (CPU 101/ CPU 401), and configured to count in a sensing count, wherein the timing unit (infrared sensor “The touchless sensor 503 is, for example, an infrared sensor and emits or receives infrared light at predetermined timings”) (alternatively cpu’s inherently have a timing unit/clock integrated within the processor that determines how fast the processor executes its instructions)is further configured to count in a second time period (considered subsequent predetermined timing period of infrared sensor), and the control program further comprises: when the first non-contacting switch receives the identification signal, counting in the second time period by the timing unit, determining whether the sensing count is greater than or equal to a sensing count threshold in the second time period, and obtaining a third determination result; and when the third determination result is true, configuring the non-contacting switch control system to enter the second operating mode and disabling the second non-contacting switch. (This is considered to be integral to the functioning of the operations of the circuit) With respect to claim 7, Akazawa discloses the non-contacting switch control system according to claim 1, further comprising: a prompt unit (LCD 406), connected to the processing unit (CPU 101/ CPU 401), and configured to provide an operating mode prompt. Response to Arguments Applicant's arguments filed 6/12/2025 have been fully considered but they are not persuasive. With respect to Applicant’s argument, the prior art of record Akazawa fails to disclose the switch set comprising a first non-contacting switch and a second non-contacting switch; and determining whether the first non-contacting switch receives an identification signal and disabling by the first non-contacting switch the second non-contacting switch by entering the non-contacting switch controls system to a second operating mode when it is determined that the first non-contacting switch receives the identification signal, wherein the disabled second non-contacting switch performs no action when being triggered, the Examiner disagrees. With respect to the argument that the images displayed on the LCD 406 used to control the functions of corresponding elements are not switches, the Examiner disagrees. A switch is defined as “a device for making and breaking the connection in an electric circuit.” In that they control the making and breaking of the electric circuit, the LCD panel would be considered a switch. With respect to applicant’s argument that Akazawa further fails to disclose “disabling, by the first non-contacting switch, the second non-contacting switch by entering the non-contacting switch control system to a second operating mode when it is determined that the first non-contacting switch receives the identification signal, wherein the disabled non-contacting switch performs no action when being triggered, the Examiner disagrees. When the first no-contacting switch is activated the second non-contacting switch (OFF) is in a deactivated state and performs no action when being triggered as the ON switch prevents the OFF switch from activating. With respect to Applicant’s argument that Akazawa does not disclose witching operating modes though the counting of the timing unit, the Examiner points out the operations performed as instructions would be issued through the CPU clock timing in the processing unit as alternatively suggested. Furthermore, the predetermined timing is still considered to also read on the timing unit. With respect to Applicant’s argument, that Akazawa fails to disclose “a receiving unit configured to receive the identification signal, the identification signal comprising an external signal sent by an external device”, in other words “Akazawa does not disclose an external device sending an external signal to control the operating mode of the non-contacting switch control system and disable the second non-contacting switch, the Examiner disagrees. The stylus or finger moving into the infrared space would inherently send an external signal as the sensing device uses the “signal” and performs as an actuator and thus the changes in the characteristic of the infrared light would be considered the external signal. With respect to claims 5 and 6, the first and second time period are considered to read on the claim language above as disclosed. Conclusion THIS ACTION IS MADE FINAL. 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 KHAREEM E ALMO whose telephone number is (571)272-5524. The examiner can normally be reached M-F(8:00am-4:00pm). 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, Menatoallah Youssef can be reached on M-F (8:00am-4:00pm). 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. /KHAREEM E ALMO/Examiner, Art Unit 2849 /Menatoallah Youssef/SPE, Art Unit 2849
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Prosecution Timeline

May 04, 2023
Application Filed
Oct 19, 2023
Non-Final Rejection — §102
Jan 22, 2024
Response Filed
Jan 31, 2024
Final Rejection — §102
May 02, 2024
Request for Continued Examination
May 06, 2024
Response after Non-Final Action
May 15, 2024
Non-Final Rejection — §102
Aug 15, 2024
Response Filed
Nov 20, 2024
Final Rejection — §102
Feb 18, 2025
Request for Continued Examination
Feb 20, 2025
Response after Non-Final Action
Mar 05, 2025
Non-Final Rejection — §102
Jun 12, 2025
Response Filed
Sep 17, 2025
Final Rejection — §102 (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

7-8
Expected OA Rounds
87%
Grant Probability
92%
With Interview (+4.8%)
2y 5m
Median Time to Grant
High
PTA Risk
Based on 704 resolved cases by this examiner. Grant probability derived from career allow rate.

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