Prosecution Insights
Last updated: May 29, 2026
Application No. 18/429,886

ADDITIVE MANUFACTURING PROCESS MONITORING AND CALIBRATION

Non-Final OA §102§103
Filed
Feb 01, 2024
Priority
Feb 14, 2023 — provisional 63/445,468
Examiner
LUU, THANH X
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Applied Optimization, Inc.
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
2m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
1062 granted / 1360 resolved
+10.1% vs TC avg
Moderate +10% lift
Without
With
+10.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
19 currently pending
Career history
1380
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
71.0%
+31.0% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
2.8%
-37.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1360 resolved cases

Office Action

§102 §103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 17, 2026 has been entered. Claims 1-7, 10-12, 14, 15, 18-27 are currently pending. 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, 10, 14, 15, 18, 21-27 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Cheverton et al. (U.S. PGPUB 2015/0375456). Regarding claims 1, 10, 14, 15, 18, 21-27, Cheverton et al. disclose (Figs.) a method performed while an additive manufacturing machine directs a build beam (16) along a build beam path from a build beam generator to a moving build point within a region of interest, the method comprising: reflecting, by a movable reflector (42), electromagnetic radiation from a field of view in the region of interest to an optics assembly (20), wherein the movable reflector is positioned outside the build beam path such that the build beam is not affected by the movable reflector as the build beam travels along the build beam path from the build beam generator to the moving build point; moving the movable reflector relative to the optics assembly to thereby maintain a predetermined relationship ([0048] tracking) between the moving build point and the field of view; splitting ([0033] “beam splitter (not shown)”), by the optics assembly, the electromagnetic radiation into a plurality of beams, the plurality of beams including a first beam and a second beam; directing the first beam to a first sensor ([0033]-[0034] “a first optical detector”), thereby causing the first sensor to generate first information (IR spectrum) regarding the first beam; directing the second beam to a second sensor ([0033]-[0034] “a second optical detector”) having a different configuration (VIS) from the first sensor, thereby causing the second sensor to generate second information (VIS spectrum) regarding the second beam; and performing a calibration ([0044]) based upon the first information and the second information (electrical signals 44 from the optical detector). Cheverton et al. further disclose a system/add-on kit comprising an additive manufacturing machine (10; [0002]), a first movable reflector (18) or additional movable reflector, a second movable reflector (42), a second optics assembly (20), an additional optics assembly (30, 32), a first lens (30), a second lens (52) and a control system (26) as claimed. 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. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheverton et al. in view of McCarthy et al. (U.S. PGPUB 2023/0394649). Regarding claim 2, Cheverton et al. disclose the claimed invention as set forth above. Cheverton et al. do not specifically disclose splitting comprises reflecting. McCarthy et al. teach (Fig. 2) a similar device where splitting comprises reflecting (206) as claimed. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a beam splitting arrangement in the apparatus of Cheverton et al. in view of McCarthy et al. to conventionally and cost-effectively implement beam splitting as taught, known and predictable. Claim(s) 3, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheverton et al. in view of McCarthy et al., further in view of Tran et al. (U.S. PGPUB 2022/0143704). Regarding claims 3, 4, Cheverton et al. in view of McCarthy et al. disclose the claimed invention as set forth above. McCarthy et al. further disclose a beamsplitter (206). McCarthy et al. not specifically disclose a full-silvered mirror or reflecting based on wavelength. Tran et al. teach ([0155]) a beamsplitter comprising a full silvered mirror and reflecting based on wavelength. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a beamsplitter in the apparatus of Cheverton et al. in view of McCarthy et al. and Tran et al. to effectively and reliability implement a beamsplitter at taught, known and predictable. Claim(s) 5-7, 11, 12, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheverton et al. in view of McCarthy et al., further in view of Beckett et al. (U.S. PGPUB 2022/0324026). Regarding claims 5-7, 11, 12, 19, 20, Cheverton et al. and McCarthy et al. disclose the claimed invention as set forth above. McCarthy et al. further disclose a camera (202). McCarthy et al. not specifically disclose a spectrometer. Beckett et al. teach ([0046], [0049]-[0051]) a spectrometer and calibrating based on spectrometry information. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide a camera or a spectrometer in the apparatus of Cheverton et al. in view of McCarthy et al. and Beckett et al. provide further detected information for improved operation and compensation at taught, known and predictable. Response to Arguments Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANH LUU whose telephone number is (571)272-2441. The examiner can normally be reached 9AM-5:30PM. 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, Georgia Epps can be reached at 571-272-2328. 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. /THANH LUU/Primary Examiner, Art Unit 2878
Read full office action

Prosecution Timeline

Feb 01, 2024
Application Filed
Jul 23, 2025
Non-Final Rejection mailed — §102, §103
Oct 21, 2025
Response Filed
Nov 19, 2025
Final Rejection mailed — §102, §103
Jan 16, 2026
Response after Non-Final Action
Feb 17, 2026
Request for Continued Examination
Feb 26, 2026
Response after Non-Final Action
Mar 11, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12618590
METHOD FOR MEASURING HELIOSTATS, AND METHOD FOR CALIBRATING HELIOSTATS
1y 10m to grant Granted May 05, 2026
Patent 12607728
LIDAR SYSTEM AND METHOD FOR RECOGNIZING A CONTAMINATION OF A BEAM PATH OF A LIDAR SYSTEM
3y 11m to grant Granted Apr 21, 2026
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2y 5m to grant Granted Apr 21, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
88%
With Interview (+10.2%)
2y 6m (~2m remaining)
Median Time to Grant
High
PTA Risk
Based on 1360 resolved cases by this examiner. Grant probability derived from career allowance rate.

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