Prosecution Insights
Last updated: May 29, 2026
Application No. 18/506,406

MEASUREMENT DEVICE FOR MEASURING A MEASUREMENT VALUE ON AN OBJECT SURFACE AND MEASUREMENT SYSTEM HAVING SUCH A MEASUREMENT DEVICE

Non-Final OA §103
Filed
Nov 10, 2023
Priority
Nov 11, 2022 — DE 10 2022 129 843.4
Examiner
PLUMB, NIGEL H
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Carl Mahr Holding GmbH
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
615 granted / 679 resolved
+22.6% vs TC avg
Minimal +1% lift
Without
With
+1.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
25 currently pending
Career history
698
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
63.0%
+23.0% vs TC avg
§102
19.6%
-20.4% vs TC avg
§112
8.6%
-31.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 679 resolved cases

Office Action

§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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “linear drive unit” corresponding to reference numeral “23” of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: Reference numeral “23” is not in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claims 1-22 are objected to because of the following informalities: Regarding claims 1-22, Examiner suggest removing the reference numerals and letters from the claims as these reference numerals and letters may be changed during prosecution. Appropriate correction is required. 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. Claims 1, 4-5, 7-14, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bucher et al US9874439 (hereinafter “Bucher”) in view of Brenner et al US10794678 (hereinafter “Brenner”). Regarding claim 1, Bucher discloses a measurement device (measurement insert-M) for measurement of a measurement value on an object surface of an object (workpiece-O, Fig 3-5), comprising: a connection body (See Fig 1-2 and 11) that is arranged on a support (See Figs 3 and 11) and that is configured to be exchangeably arranged in a machine side holder of a machine tool (Col 16 line 61- Col 17 line 55), a probe tip (heads-40, 41) that is movably supported in a probing direction and that is configured to be brought into contact with the object surface (See Figs 3-5A, Col 16 line 15-60), a measurement control unit (processing unit-130) comprising a wireless communication interface (radio module-140) that is configured to establish a wireless communication connection with a machine controller (CNC controller shown in Figs 3 and 11, Col 16 line 65-Col 17 line 8), and a sensor unit (measurement unit-120) that is communicatively connected with the measurement control unit (See Figs 3 and 11) and that is configured to detect a sensor value (Col 16 line 65-Col 17 line 46) describing a position of the probe tip in the probing direction and to provide the sensor value to the measurement control unit (Col 17 line 1-55). However, Bucher fails to disclose a linear drive unit that is configured to linearly move the probe tip during measurement in a movement direction oriented orthogonally with respect to the probing direction. Brenner discloses a linear drive unit (advance unit-52 includes a drive unit-54) that is configured to linearly move the probe tip (probe-58 includes sensing element-60 connected with skid-61) during measurement in a movement direction oriented orthogonally with respect to the probing direction. (Col 5 61 – Col 6 line 18) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Brenner into Buchner for the purpose of creating a more efficient device. The modification would allow for rotating/pivoting the device in multiple directions during operational use which increases efficiency in testing. Regarding claim 4, Bucher discloses the device according to claim 1. However, Bucher fails to disclose at least one additional drive configured to move the probe tip relative to the connection body, wherein the at least one additional drive is a rotary or a translational drive. Brenner discloses at least one additional drive configured to move the probe tip relative to the connection body, wherein the at least one additional drive is a rotary or a translational drive. (Col 5 line 19 – Col 7 line 7, See Fig 2-4) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Brenner into Buchner for the purpose of creating a more efficient device. The modification would allow for rotating/pivoting the device in multiple directions during operational use which increases efficiency in testing. Regarding claim 5, Bucher discloses the device according to claim 4. However, Bucher fails to disclose the at least one additional drive is configured to move the probe tip between a measurement position for measurement of the object surface and at least one additional position. Brenner discloses disclose the at least one additional drive is configured to move the probe tip between a measurement position for measurement of the object surface and at least one additional position. (Col 5 line 19 – Col 7 line 7, See Fig 2-4) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Brenner into Buchner for the purpose of creating a more efficient device. The modification would allow for rotating/pivoting the device in multiple directions during operational use which increases efficiency in testing. Regarding claim 7, Bucher in view of Brenner discloses the device according to claim 1. Furthermore, Bucher discloses a protective enclosure (housing parts-12 and 16) having an opening (See Fig 1-2, and 11) through which the probe tip projects out of the protective enclosure at least when the probe tip is in a measurement position. (Col 13 line 60- Col 14 line 49) Regarding claim 8, Bucher in view of Brenner discloses the device according to claim 1. Furthermore, Bucher discloses the opening (See Figs -1-2 and 11) of the protective enclosure (housing parts-12 and 16) is configured to be opened and closed by a movable cover (body-26 is shown being a moveable cover held in place by spring seat-44). Regarding claim 9, Bucher discloses the device according to claim 1. However, Bucher fails to disclose at least one support body that abuts against the object surface an object holder adjacent to a measurement location in an operation position of the measurement device. Brenner discloses at least one support body (skid-61) that abuts against the object surface (workpiece), or an object holder (plate-16) adjacent to a measurement location in an operation position of the measurement device. (Col 6 line 8-18) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Brenner into Buchner for the purpose of creating a more efficient device. The modification would allow for ensuring the workpiece does not move during testing to ensure measurement results are accurate. Regarding claim 10, Bucher discloses the device according to claim 9. However, Bucher fails to disclose the at least one support body is elastically deformable. Brenner discloses the at least one support body (skid-61) is elastically deformable. (Col 6 line 8-18) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Brenner into Buchner for the purpose of creating a more efficient device. The modification would allow for ensuring the workpiece does not move during testing to ensure measurement results are accurate. Regarding claim 11, Bucher in view of Brenner discloses the device according to claim 9. Furthermore, Bucher discloses the a position sensor (PSD-50) that is communicatively connected with the measurement control unit (unit-130) and that is configured to detect a reaching the operation position relative to the object surface and to provide a position signal for the measurement control unit. (Col 14 line 1-63) Regarding claim 12, Bucher discloses the device according to claim 11. However, Bucher fails to disclose the position sensor is assigned to the at least one support body and detects a force acting on the at least one support body. Brenner discloses the position sensor (positioning device-20) is assigned to the at least one support body (skid-61 connected to bracket-64) and detects a force acting on the at least one support body. (Col 5 line 8-Col 7 line 6) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Brenner into Buchner for the purpose of creating a more efficient device. The modification would allow for ensuring the workpiece does not move during testing to ensure measurement results are accurate. Regarding claim 13, Bucher in view of Brenner discloses the device according to claim 11. Furthermore, Bucher discloses the measurement control unit (unit-130) is configured to indicate the reaching the operation position to the machine controller (CNC controller). Col 16 line 65-Col 17 line 8) Regarding claim 14, Bucher discloses the device according to claim 11. However, Bucher fails to disclose at least one additional drive configured to move the probe tip relative to the connection body, wherein the at least one additional drive is a rotary or a translational drive, wherein the measurement control unit is configured to control the at least one additional drive after reaching the operation position in order to move the probe tip into a measurement position on the object surface. Brenner discloses at least one additional drive configured to move the probe tip relative to the connection body (Col 5 line 19- Col 7 line 7, see Figs 2-4), wherein the at least one additional drive is a rotary or a translational drive, wherein the measurement control unit (measuring apparatus-22 connected with device-38) is configured to control the at least one additional drive after reaching the operation position in order to move the probe tip into a measurement position on the object surface (Col 5 line 4-Col 7 line 6). It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Brenner into Buchner for the purpose of creating a more efficient device. The modification would allow for ensuring the probe tip is in the correct orientation during operational use. Regarding claim 17, Bucher in view of Brenner discloses the device according to claim 11. Furthermore, Bucher discloses a damper (spring seat-42 includes helical springs-46 as dampers), which is arranged between the connection body (See Figs 1-2) and the probe tip (heads-40,41). Regarding claim 19, Bucher in view of Brenner discloses the device according to claim 1. Furthermore, Bucher discloses a measurement system (see Figs 3 and 11) comprising: a measurement device (insert-M) according to claim 1, and an additional control (processing unit shown in fig 3 and interface-150 include a user interface for control and analysis), the measurement system being configured for use in the machine tool comprising the machine side holder (Col 16 line 61- Col 17 line 55). Regarding claim 20, Bucher in view of Brenner discloses the device according to claim 19. Furthermore, Bucher discloses the additional control and the measurement control unit (24) cooperate in order to control a measurement progress. (Col 16 line 61- Col 17 line 55). Claims 2, 3, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Bucher et al US9874439 (hereinafter “Bucher”) in view of Brenner et al US10794678 (hereinafter “Brenner”) in further view of Nikon Weights & Measures Co LTD. CN1812868 (hereinafter “Nikon”). Regarding claim 2, the combination of Bucher in view of Brenner discloses the device according to claim 1. However, the combination fails to disclose a rechargeable battery for energy supply of the measurement device. Nikon discloses a rechargeable battery (battery-163, 170) for energy supply of the measurement device (Arm-1). (Fig 2, 10-11A) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Nikon into the combination for the purpose of creating a more efficient device. The modification would allow for providing a power source that would not need to be replaced after operational usage. Regarding claim 3, the combination of Bucher in view of Brenner discloses the device according to claim 2. However, the combination fails to disclose an adapter for electrical connection of the rechargeable battery with a charging device. Nikon discloses an adapter (See Fig 11A) for electrical connection of the rechargeable battery (battery-163, 170) with a charging device (Power supply unit-171). (Fig 2, 10-11A) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Nikon into the combination for the purpose of creating a more efficient device. The modification would allow for providing a power source that would not need to be replaced after operational usage. Regarding claim 6, the combination of Bucher in view of Brenner discloses the device according to claim 4. However, the combination fails to disclose the at least one additional drive is configured to move the probe tip between a measurement position for measurement of the object surface and a calibration position and/or between the measurement position and a rest position. Nikon disclose the at least one additional drive is configured to move the probe tip between a measurement position for measurement of the object surface and a calibration position and/or between the measurement position and a rest position. (Nikon discloses the use of various measurement positions, rest operations in one position and multiple calibration modes/positions) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Nikon into the combination for the purpose of creating a more efficient device. The modification would allow for ensuring the device accuracy and safety of device before, during and after operational use. Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Bucher et al US9874439 (hereinafter “Bucher”) in view of Brenner et al US10794678 (hereinafter “Brenner”) in further view of Stoll US20060269376 (hereinafter “Stoll”). Regarding claim 15, the combination of Bucher in view of Brenner discloses the device according to claim 1. However, the combination fails to disclose a cleaning unit that is configured to be controlled by the measurement control unit and that is configured to clean a measurement location on the object surface prior to measurement. Stoll discloses a cleaning unit (cleaning apparatus-30) that is configured to be controlled by the measurement control unit (CNC unit, paragraph 0044) and that is configured to clean a measurement location on the object surface (paragraph 0055) prior to measurement. It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Stoll into the combination for the purpose of creating a more efficient device. The modification would allow for ensuring the surface is clear of debris that can cause measurement errors. Regarding claim 16, the combination of Bucher in view of Brenner discloses the device according to claim 15. However, the combination fails the cleaning unit (cleaning apparatus-30) comprises an electrically drivable fan and/or a fluid nozzle (fluid source-80) (Paragraph 0053 and 0063, Figs 2) It would have been obvious to one of ordinary skill in the art before the effective filing date to include the design of Stoll into the combination for the purpose of creating a more efficient device. The modification would allow for ensuring the surface is clear of debris that can cause measurement errors. Allowable Subject Matter Claims 18, and 21-22 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. Prior art made available do not teach, or fairly suggest, a measurement standard that is arranged on the support for carrying out a calibration method or that the measurement standard is releasably attached in an operation area of the machine tool as recited in claims 18 and 21-22 respectively. Conclusion The prior art as cited on the PTO-892 is made of record and not relied upon but considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NIGEL H PLUMB whose telephone number is (571)272-8886. The examiner can normally be reached Monday-Friday 7am-5pm. 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, John Breene can be reached at 571-272-4107. 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 (USA or CANADA) or 571-272-1000. /NIGEL H PLUMB/ /Eric S. McCall/Examiner, Art Unit 2855 Primary Examiner, Art Unit 2855
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Prosecution Timeline

Nov 10, 2023
Application Filed
Apr 20, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
92%
With Interview (+1.2%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 679 resolved cases by this examiner. Grant probability derived from career allowance rate.

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