Prosecution Insights
Last updated: April 19, 2026
Application No. 18/257,287

Improvements to Apparatus and Applications for Magnetic Levitation and Movement Using Offset Magnetic Arrays

Non-Final OA §102
Filed
Jun 13, 2023
Examiner
MCCARRY JR, ROBERT J
Art Unit
3615
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
US POSITRONIX INC.
OA Round
1 (Non-Final)
82%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
98%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
1236 granted / 1508 resolved
+30.0% vs TC avg
Strong +16% interview lift
Without
With
+16.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
42 currently pending
Career history
1550
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
34.3%
-5.7% vs TC avg
§102
43.0%
+3.0% vs TC avg
§112
14.3%
-25.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1508 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 1-6, 13, 14, 17-21 and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dermatis (WO 2020/136395). Dermatis discloses a levitated transport system comprised of a z-axis, shown by the up and down arrows of figure 3, defined to be parallel to the vector of the force of gravity and a base arrangement of permanent magnets 42, wherein each said base magnet has a magnetization vector, and said magnetization vector of one or more of the said base magnets contains a non-zero component in the z-axis. The magnet acts along a vertical direction and therefore has a non-zero component. One or more of said base magnets is configured to be attached to a linear actuator, in the form of a piston 46 with an actuation distance and an actuation direction, which actuator is configured to lift said base magnet or magnets up in the said actuation direction; and wherein said actuation direction contains a non-zero component in the z-axis. Each said base magnet is separated laterally from its adjacent nearest neighbor magnets and one or more levitated arrangements of one or more permanent magnets, as depicted in figure 2, wherein each said levitated magnet 28 is attached to the underside of a levitated object, the support structure 30, and wherein each said levitated magnet has a magnetization vector, and said magnetization vector of one or more of the levitated magnets contains a non-zero component in the z-axis, and the sign of the z component of the magnetization vector of the said levitated magnet is opposite to the sign of the z component of the magnetization vector of one or more of the said base magnets. The result of an interaction between the one or more base magnets 42 and the one or more levitated magnets 28 is net repulsion. The levitated arrangement of permanent magnets has a footprint, which is defined as the combined lateral area and pattern occupied by all of the said levitated magnets; and wherein an enlarged footprint is defined as the shape and size of the said footprint, plus an expanded area around the perimeter of the footprint, appropriately shaped and sized to include one hypothetical additional lateral layer of levitated magnets. Every actuation of the levitating piston and magnets are parallel to the vector of the force of gravity. The base arrangement of the actuated permanent magnets is attached to a movable object in the form of the movable mounting element 32, further the mounting element 32 is configured to be moved by a control system 23 which manages the up and down movement of the system. Allowable Subject Matter Claims 7-12, 15, 16, 22 and 23 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert J McCarry Jr. whose telephone number is (571)272-6683. The examiner can normally be reached Monday-Friday 7:00-3:00. 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, S. Joseph Morano can be reached at 571-272-6684. 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. /Robert J McCarry Jr/Primary Examiner, Art Unit 3615 RJM November 20, 2025
Read full office action

Prosecution Timeline

Jun 13, 2023
Application Filed
Nov 20, 2025
Non-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

1-2
Expected OA Rounds
82%
Grant Probability
98%
With Interview (+16.5%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1508 resolved cases by this examiner. Grant probability derived from career allow rate.

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