Prosecution Insights
Last updated: April 19, 2026
Application No. 18/517,016

PICKUP TOOLING

Final Rejection §102
Filed
Nov 22, 2023
Examiner
TIGHE, BRENDAN P
Art Unit
3652
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
CONTEMPORARY AMPEREX TECHNOLOGY CO., LIMITED
OA Round
2 (Final)
76%
Grant Probability
Favorable
3-4
OA Rounds
3y 1m
To Grant
95%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
435 granted / 576 resolved
+23.5% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
41 currently pending
Career history
617
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
51.7%
+11.7% vs TC avg
§102
34.2%
-5.8% vs TC avg
§112
11.4%
-28.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 576 resolved cases

Office Action

§102
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 . DETAILED ACTION Claim Rejections - 35 USC § 102 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 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being Anticipated by Murayama et al. (US 20120215350 A1). Regarding Claim 1, Murayama discloses: A pickup tooling, comprising: a base (20) having a mounting portion (31) arranged on one side in a first direction (Fig. 6A), the mounting portion being used for connecting an execution end of a robot (Fig. 6A); and a pickup mechanism (21 & 22 & 23 & 24 & 61a & 61b & 62b & 62c & 62d), comprising: a mounting seat connected to the base (Fig. 6A); a pickup unit (24) connected to the mounting seat in a flippable manner (AXp) [0026], and being used for picking up a workpiece (100); and a driving mechanism (62a) configured to drive the pickup unit to rotate about a central axis to change a posture of the pickup unit [0066 & 0069], with the central axis perpendicular to the first direction (Fig. 6B), wherein the flippable manner and the change in the posture are respectively used for picking up the workpiece in a vertical direction and a horizontal direction [the pickup unit is capable of picking up a horizontally positioned workpiece when the pickup unit is oriented downward and capable of picking up a vertically positioned workpiece when the pickup unit is oriented substantially away from a the downward orientation as shown in Fig. 7A and therefore reads on the limitation Per In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997) as outlined in MPEP 2114.I]. Regarding Claim 2, Murayama discloses: A pickup tooling, comprising: a base (20) having a mounting portion (31) arranged on one side in a first direction (Fig. 6A), the mounting portion being used for connecting an execution end of a robot (Fig. 6A); and a pickup mechanism (21 & 22 & 23 & 24 & 61a & 61b & 62b & 62c & 62d), comprising: a mounting seat connected to the base (Fig. 6A); a pickup unit (24) connected to the mounting seat in a flippable manner (AXp) [0026], and being used for picking up a workpiece (100); and a driving mechanism (62a) configured to drive the pickup unit to rotate about a central axis to change a posture of the pickup unit [0066 & 0069], with the central axis perpendicular to the first direction (Fig. 6B), wherein the pickup unit has a first limit position and a second limit position, the pickup tooling further comprises a position-limit mechanism (62D) configured to limit the pickup unit from flipping between the first limit position and the second limit position [0069] [position limit mechanism (62D) members are mounted to the connecting component (23) in a manner that transmits motion from the driving mechanism (62A) in a manner which causes interference between the two position limit mechanisms when the pickup units are rotated to a maximum position which causes the pickup units to stop rotation at the maximum position], and the flippable manner and the change in the posture are respectively used for picking up the workpiece in a vertical direction and a horizontal direction [the pickup unit is capable of picking up a horizontally positioned workpiece when the pickup unit is oriented downward and capable of picking up a vertically positioned workpiece when the pickup unit is oriented substantially away from a the downward orientation as shown in Fig. 7A and therefore reads on the limitation Per In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997) as outlined in MPEP 2114.I]. Regarding Claim 3, Murayama discloses: the first limit position is 90° away from the second limit position (Fig. 6B) [0069]. Regarding Claim 4, Murayama discloses: the position-limit mechanism is mounted on the mounting seat, and has a first position-limit portion and a second position-limit portion (Fig. 6B) [0069]; and the pickup mechanism further comprises a connecting component fixedly connected to the pickup unit (Fig. 6B) [0069], and the connecting component is configured to: press against the first position-limit portion when the pickup unit is located at the first limit position (Fig. 6B) [0069]; an press against the second position-limit portion when the pickup unit is located at the second limit position (Fig. 6B) [0069]. Regarding Claim 5, Murayama discloses: the connecting component is rotatably arranged on the mounting seat, and an axis of the connecting component rotating with respect to the mounting seat coincides with the central axis (Fig. 6B). Regarding Claim 6, Murayama discloses: the driving mechanism is connected to the connecting component, and is used for driving the connecting component to swing (Fig. 6B) [0069]. Regarding Claim 7, Murayama discloses: the pickup mechanism further comprises a connecting component (23) fixedly connected to the pickup unit (Fig. 6B), the connecting component is rotatably arranged on the mounting seat, an axis of the connecting component rotating with respect to the mounting seat coincides with the central axis, the driving mechanism is connected to the connecting component, and the driving mechanism is used for driving the connecting component to swing (Fig. 4 & Fig. 5A & Fig. 5B & Fig. 6A & Fig. 6B & Fig. 7A). Regarding Claim 8, Murayama discloses: the mounting seat is arranged on the base to be adjustable in position in a second direction, and the second direction is perpendicular to the first direction. Regarding Claim 9, Murayama discloses: the second direction is perpendicular to the central axis. Regarding Claim 10, Murayama discloses: the pickup tooling comprises an adjustment mechanism and two pickup mechanisms, the adjustment mechanism (61a) is mounted on the base (Fig. 6B), the mounting seat is connected to the adjustment mechanism (Fig. 6B), and the adjustment mechanism is used for adjusting a distance between the mounting seats of the two pickup mechanisms in the second direction [0066 & 0067]. Regarding Claim 11, Murayama discloses: the adjustment mechanism comprises two sliders (22) and a conveyor belt (61b), the sliders are slidably connected to the base in the second direction, each slider is connected to a mounting seat, the conveyor belt has a first transmission part and a second transmission part that move in opposite directions in the second direction, and the two sliders are respectively connected to the first transmission part and the second transmission part [0067]. Regarding Claim 12, Murayama discloses: the adjustment mechanism further comprises a first pulley and a second pulley (21) which are both rotatably connected to the base and are arranged in the second direction, and the conveyor belt is wound around the first pulley and the second pulley (Fig. 6B). Regarding Claim 13, Murayama discloses: A pickup tooling, comprising: a base (20) having a mounting portion (31) arranged on one side in a first direction (Fig. 6A), the mounting portion being used for connecting an execution end of a robot (Fig. 6A); and a pickup mechanism (21 & 22 & 23 & 24 & 61a & 61b & 62b & 62c & 62d), comprising: a mounting seat connected to the base (Fig. 6A); a pickup unit (24) connected to the mounting seat in a flippable manner (AXp) [0026], and being used for picking up a workpiece (100); and a driving mechanism (62a) configured to drive the pickup unit to rotate about a central axis to change a posture of the pickup unit [0066 & 0069], with the central axis perpendicular to the first direction (Fig. 6B), wherein the pickup unit comprises: a flipping seat rotatably connected to the mounting seat about the central axis (Fig. 6B); a clamping assembly comprising a first clamping portion [tip of first pickup unit (24)] and a second clamping portion [tip of second pickup unit (24)] arranged opposite to each other in a third direction (Fig. 6B); and an adjustment assembly mounted on the flipping seat, and the adjustment assembly being configured to adjust a distance between the first clamping portion and the second clamping portion in the third direction, so that the first clamping portion and the second clamping portion cooperate to clamp the workpiece [0066 & 0067], and the flippable manner and the change in the posture are respectively used for picking up the workpiece in a vertical direction and a horizontal direction [the pickup unit is capable of picking up a horizontally positioned workpiece when the pickup unit is oriented downward and capable of picking up a vertically positioned workpiece when the pickup unit is oriented substantially away from a the downward orientation as shown in Fig. 7A and therefore reads on the limitation Per In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997) as outlined in MPEP 2114.I]. Regarding Claim 14, Murayama discloses: the adjustment assembly comprises a driving member and a first moving member, the driving member is mounted on the flipping seat and has a first output end, the first moving member is connected to the first output end, and the driving member is configured to drive the first moving member to move in the third direction (Fig. 6B) [0066 & 0067]; and in the third direction, the first clamping portion is movably arranged on the flipping seat, and the first clamping portion is connected to the first moving member through an elastic member (Fig. 6B). Regarding Claim 15, Murayama discloses: the driving member has a second output end opposite to the first output end in the third direction (Fig. 6B) [0066 & 0067]; and the second clamping portion is movably arranged on the flipping seat in the third direction, and is connected to the second output end (Fig. 6B) [0066 & 0067]. Regarding Claim 16, Murayama discloses: the pickup mechanism comprises a plurality of clamping assemblies, and the first clamping portions of the plurality of clamping assemblies correspond to one first moving member (Fig. 6B). Regarding Claim 17, Murayama discloses: in the third direction, a first cushion pad is arranged on one side of the first clamping portion facing the workpiece; and/or, in the third direction, a second cushion pad is arranged on one side of the second clamping portion facing the workpiece (Fig. 6B). Regarding Claim 18, Murayama discloses: the third direction is perpendicular to the central axis (Fig. 6B). Regarding Claim 19, Murayama discloses: the mounting seat is arranged on one side of the base away from the mounting portion in the first direction (Fig. 6A & Fig. 6B). Regarding Claim 20, Murayama discloses: the pickup unit has a first limit position for picking up the workpiece in the vertical direction and a second limit position for picking up the workpiece in the horizontal direction (Fig. 7A) [the pickup unit is capable of picking up a horizontally positioned workpiece when the pickup unit is oriented downward and capable of picking up a vertically positioned workpiece when the pickup unit is oriented substantially away from a the downward orientation as shown in Fig. 7A and therefore reads on the limitation Per In re Schreiber, 128 F.3d 1473, 1478, 44 USPQ2d 1429, 1432 (Fed. Cir. 1997) as outlined in MPEP 2114.I]. Response to Arguments Applicant's arguments filed 2025/12/05 have been fully considered but they are not persuasive. Regarding Applicant’s argument of the Examiner’s rejection of Claims 1, 2, and 13, especially as it relates to the limitation of “the flippable manner and the change in the posture are respectively used for picking up the workpiece in a vertical direction and a horizontal direction”: In response to applicant’s argument that Murayama does not teach that the flippable manner and the change in the posture are respectively used for picking up the workpiece in a vertical direction and a horizontal direction, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDAN P TIGHE whose telephone number is 571-272-4872. The Examiner can normally be reached on Monday-Thursday, 7:00-5:30 EST If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SAUL RODRIGUEZ can be reached on 571-272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /BRENDAN P TIGHE/Examiner, Art Unit 3652 /SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652
Read full office action

Prosecution Timeline

Nov 22, 2023
Application Filed
Sep 06, 2025
Non-Final Rejection — §102
Dec 05, 2025
Response Filed
Mar 07, 2026
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

3-4
Expected OA Rounds
76%
Grant Probability
95%
With Interview (+19.7%)
3y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 576 resolved cases by this examiner. Grant probability derived from career allow rate.

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