Prosecution Insights
Last updated: July 17, 2026
Application No. 18/292,112

OPTICAL APPARATUS

Non-Final OA §102§103
Filed
Jan 25, 2024
Priority
Dec 01, 2021 — JP 2021-195789 +1 more
Examiner
JENNISON, BRIAN W
Art Unit
Tech Center
Assignee
Kataoka Corporation
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
1042 granted / 1450 resolved
+11.9% vs TC avg
Strong +22% interview lift
Without
With
+22.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
44 currently pending
Career history
1490
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
84.1%
+44.1% vs TC avg
§102
9.9%
-30.1% vs TC avg
§112
2.9%
-37.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1450 resolved cases

Office Action

§102 §103
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) 1-2, 5-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takeuchi et al (JP 2010-099674) as cited by applicant. Regarding claim 1, Takeuchi discloses, the laser processing device 1 comprises an XY table 13 (corresponding to the "table" of the present invention), and the XY table 13 carries the workpiece W (corresponding to the "object" of the present invention), and also adjusts the laser irradiation position on the workpiece W by moving in the X-axis and Y-axis directions (paragraphs [0014], [0016]). (2) The laser processing device 1 performs laser processing by correcting the positional displacement when carrying out drilling processing of an actual product and the like, where a positional-displacement-amount calculation unit 31 (corresponding to the "detection mechanism" of the present invention) calculates the amount of positional displacement, when drilling processing is carried out at a prescribed position on a workpiece W, between an instruction point B (corresponding to the "target position" of the present invention), which is a processing target position, and a processing point A (corresponding to the "position toward which the optical apparatus is actually oriented" in the present invention), which is the position of a hole that was actually processed by a laser processing mechanism 4 (corresponding to the "optical apparatus" of the present invention) (paragraphs [0012], [0021]). Regarding claim 2, a reference scale is provided. (See Paragraph [0027]) Regarding claim 5, a control device 5 for directing the optical instrument toward a target. (See Paragraph [0021]) Regarding claim 6, scanner 11 provides a laser beam and adjusts a position of the laser beam, (See Paragraphs [0014], [0015], a control device 5 for directing the optical instrument toward a target. (See Paragraphs [0018], [0021]) Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi et al (JP 2010-099674) in view of Sasaki et al. (JP 2004-330205). The teachings of Takeuchi have been discussed above. Takeuchi figures show the table is moveable in X and Y axes. Takeuchi fails to disclose the optical instrument is provided with, as the scale, an X-axis scale extending in the X-axis direction and a Y-axis scale extending in the Y-axis direction, and wherein the table is provided with, as the detection head, an X-axis detection head supported to be relatively displaceable in the Y-axis direction with respect to the table and configured to read a position on the X-axis scale by facing the X-axis scale, and a Y-axis detection head supported to be relatively displaceable in the X-axis direction with respect to the table and configured to read a position on the Y-axis scale by facing the Y-axis scale. Sasaki discloses A laser irradiation unit 14 (corresponding to the "optical apparatus" of the present invention) comprises a digital scale part 13 (corresponding to the "detection head" of the present invention), and the digital scale part 13 moves along a caliper bar part 12 (corresponding to the "scale" of the present invention) attached to the upper part of a support frame 15 (paragraphs [0015], [0019]). (b) The digital scale part 13 attached to the laser irradiation unit 14 moves along the caliper bar part 12 by using a pinion gear, which engages with a rack gear of the caliper bar part 12, being driven and rotated by an electric motor, and moves from the position of the scale starting point O until a fixed pitch Pis displayed in a display field 13a (paragraphs [0018], [0019], [0022], fig. 1). It would have been obvious to a person having ordinary skill in the art, at the time of the invention to adapt Takeuchi in view of Sasaki to provide the optical instrument is provided with, as the scale, an X-axis scale extending in the X-axis direction and a Y-axis scale extending in the Y-axis direction, and wherein the table is provided with, as the detection head, an X-axis detection head supported to be relatively displaceable in the Y-axis direction with respect to the table and configured to read a position on the X-axis scale by facing the X-axis scale, and a Y-axis detection head supported to be relatively displaceable in the X-axis direction with respect to the table and configured to read a position on the Y-axis scale by facing the Y-axis scale to adjust the position of the laser processing mechanism, in addition to controlling the position of the XY table and reduce positional displacement errors. Allowable Subject Matter Claim 4 is 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 BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5. 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, Ibrahime Abraham can be reached at 571-270-5569. 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. /BRIAN W JENNISON/Primary Examiner, Art Unit 3761 6/30/2026
Read full office action

Prosecution Timeline

Jan 25, 2024
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §102, §103 (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
72%
Grant Probability
94%
With Interview (+22.0%)
3y 6m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1450 resolved cases by this examiner. Grant probability derived from career allowance rate.

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