Prosecution Insights
Last updated: October 25, 2026
Application No. 18/163,197

THREE DIMENSIONAL IMAGING AND TREATMENT PLANNING

Non-Final OA §112
Filed
Feb 01, 2023
Examiner
ROANE, AARON F
Art Unit
3792
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
PROCEPT BioRobotics Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
83%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
660 granted / 899 resolved
+3.4% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
47 currently pending
Career history
943
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
45.8%
+5.8% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
17.9%
-22.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 899 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 . Election/Restrictions Upon further review the examiner withdraws the requirement for an election filed 04/22/2026. The examiner will review, examine, and search claims 1-20. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. Claim 1 presently recites: 1) “determining a first treatment angle from the treatment probe to a first treatment location on a first side of the area,” and 2) determining “a second treatment angle from the treatment probe to a second treatment location on a second side of the area.” It should be noted at most two points (either a) the location of the treatment probe and the first treatment location on a first side of the area, or b) the location of the treatment probe and the second treatment location on a first side of the area) but no angle can be established and/or determine without a third point. Correction and/or amendment is required. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following prior art is relevant: 1) Shi et al. (CN 114376610), 2) Yilun et al. (WO 2023088305), and 3) Jing et al. (WO 2024/114841). Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON F ROANE whose telephone number is (571)272-4771. The examiner can normally be reached generally Mon-Fri 8am-9pm. 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, Niketa Patel can be reached at (571) 272-4156. 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. /AARON F ROANE/Primary Examiner, Art Unit 3792
Read full office action

Prosecution Timeline

Feb 01, 2023
Application Filed
Sep 02, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

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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
73%
Grant Probability
83%
With Interview (+9.8%)
3y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 899 resolved cases by this examiner. Grant probability derived from career allowance rate.

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