Prosecution Insights
Last updated: April 19, 2026
Application No. 18/540,130

TOOLING SYSTEM

Non-Final OA §103
Filed
Dec 14, 2023
Examiner
LABAZE, EDWYN
Art Unit
2876
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Difr-Tek Digital LLC
OA Round
5 (Non-Final)
89%
Grant Probability
Favorable
5-6
OA Rounds
1y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
1412 granted / 1579 resolved
+21.4% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
30 currently pending
Career history
1609
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
40.9%
+0.9% vs TC avg
§102
36.0%
-4.0% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1579 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 . Receipt is acknowledged of amendments/arguments filed on 02/03/2026. Claims 1-20 are presented for examination. This application is a CON of 17/710,742 filed on 03/31/2022 now PAT 11,868,843 which is a CON of 16/208,170 filed on 12/03/2018 now PAT 11,308,298 which is a CON of 15/681,956 filed on 08/21/2017 now PAT 10,146,976 which is a CIP of 15/075,650 filed on 03/21/2016 now PAT 9,740,790 which is a CIP of 14/266,423 filed on 04/30/2014 now PAT 9,292,811 which is a CON of 13/690,097 filed on 11/30/2012 ABN which has PRO 61/605,366 filed on 03/01/2012. 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 allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). 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, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 02/03/2026 has been entered. 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. Claim(s) 1-2, 4-5, 8-9, 11-12 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baumann (US 2008/0290541) in view of Catoen et al. (US 2011/0106285). Re Claims 1, 11-12, 15 and 17: Baumann teaches intelligent manifold and injection molding machine, which includes a near field communication or RFID transmitter {herein using RF transmitter} disposed on an exterior surface of a tool {herein the examiner interprets the molding machine system 10 as the tool} (see ¶ 27+), wherein the tool is a hot runner {herein hot runner 54} (see ¶ 19+); a tool database including tool information (see ¶ 33-43+), and display tool information that is in the tool database (¶ 10+). With regards to Claim 11: Baumann also teaches a tag {herein memory device 81 may be secured to one or more sides of the hot runner manifold 54, and the memory device 81 may be a P-tag} positioned on an exterior surface of a tool (31+). Baumann fails to specifically teach a handheld communication device that is operable to receive a signal from the near field communication transmitter, communicate with the tool database. Catoen et al. teaches system use in performance of injection molding operations, which includes a handheld communication device {herein handheld workstation 70} that is operable to receive a signal from the near field communication transmitter (see fig.# 7; ¶ 36-42+, 55+, 86+). In view of Catoen et al.’s teachings, it would have been obvious to one skill in the art before the effective filing date of the claimed invention to employ into the teachings of Baumann a handheld communication device that is operable to receive a signal from the near field communication transmitter so as to enable the operator to wirelessly receive and transmit data from and/or onto the attached memory device on the tool. Such modification would be beneficial by enabling wireless communication between the mobile device and attached sensor either through a closed proximity, using the NFC means, or a specified radius from the tool using RFID means. Re Claims 2, 14 and 18: Baumann as modified by Catoen et al. teaches device and method, wherein the system further comprises one of a device, a machine, a controller, a machine, a fixture, an apparatus that is used in making goods or products {herein the injection molding machine system 10 produces one or more parts …} (¶ 20+). Re Claim 4: Baumann as modified by Catoen et al. teaches device and method, wherein the handheld communication device is configured to automatically obtain real-time connection with the tool through a predefined frequency in response to the handheld device and tool being within a predefined distance (¶ 46+). Re Claims 5, 9, 16 and 20: Baumann as modified by Catoen et al. teaches device and method, wherein the tool information includes at least one of: tooling detail, image of the tool, tool information, tool set-up {herein the data may be related to set-up and/or steady-state operating instructions/parameters for the machine controller 80}, tool status, data ownership, date manufactured, tool serial number, unique tool identifying number, tool design detail, parameters, business metrics, history, repair hours, maintenance, maintenance action {herein maintenance data}, preventative maintenance reminder, problems, defects, out of tolerance, tool location, replacement notification, contract, project identification, license, lien information, special operating instructions, warranty, authenticity, photograph, visuals, video, guideline, wiring diagram, cycle counter, sample parts, spare parts, parts list, date counted, stock count, annual usage, last price, vendor information, order information, order view, company, project, production, file, or part number (see ¶ 35-38+ & claim 12). Re Claim 8: Baumann as modified by Catoen et al. teaches device and method, wherein the handheld communication device includes a user interface screen, the screen is configured to allow a user to input, display or access tool information (¶ 10+, 22+). Re Claim 19: Baumann as modified by Catoen et al. teaches device and method, wherein the tooling system further includes a controller 80 for operating the system (¶ 19+). Claim(s) 3, 10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baumann (US 2008/0290541) as modified by Catoen et al. (US 2011/0106285) as applied to claim 1 above, and further in view of Schoner et al. (US 2014/0035726). The teachings of Baumann et al. have been discussed. Re Claim 3: Baumann fails to specifically teach a near field communication transmitter disposed on an exterior surface of a tool. Re Claim 10: Baumann fails to disclose that the communication device is further configured to display a tool location from one of: a global positioning system (GPS) or cellular triangulation Schoner et al. teaches entity tracking, which includes a near field communication transmitter disposed on an exterior surface of a tool, wherein the communication device is further configured to display a tool location from one of: a global positioning system (GPS) or cellular triangulation, and a global positioning system (GPS)/GNSS (¶ 4+, 26-36+, 96+). In view of Schoner et al.’s teachings, it would have been obvious to one skill in the art before the effective filing date of the claimed invention to employ into the teachings of Baumann a near field communication transmitter disposed on an exterior surface of a tool and a global positioning system (GPS) so as to enable wireless data transfer between the tool and a reading device. Such modification would be beneficial by automatically communicating stored information including location on and of the tool using well-known interrogation scheme such as Bluetooth, RF and NFC without the handheld reading device being in the vicinity of the tool. Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baumann (US 2008/0290541) as modified by Catoen et al. (US 2011/0106285) as applied to claim 1 above, and further in view of Heine et al. (US 2014/0062699). The teachings of Baumann have been discussed above. Baumann also teaches maintenance performed and/or due on the various components of the injection molding machine system 10 (see ¶ 38+). Baumann fails to specifically that the handheld communication device is configured to provide real-time notifications, wherein the handheld communication device is configured to provide a messaging service to transfer messages to other devices. Heine et al. teaches system and method for tracking usage of items at a work site, wherein the handheld communication device is configured to provide real-time notifications, wherein the handheld communication device is configured to provide a messaging service to transfer messages to other devices (¶ 47+) In view of Heine et al.’s teachings, it would have been obvious to one skill in the art before the effective filing date of the claimed invention to employ into the teachings of Baumann that the handheld communication device is configured to provide real-time notifications, wherein the handheld communication device is configured to provide a messaging service to transfer messages to other devices so as to communicate pertinent information to the user interface with regards to managing parts on the machine system. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (DE 202020005967 U1) teaches a system. Newman et al. (US 2015/0174803) teaches methods of forming overmolded articles. Wang (CN 212602969 U) teaches intelligent injection moulding machine system. Bazzo (US 2018/0354177) teaches apparatus for injection moulding of plastic materials. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWYN LABAZE whose telephone number is (571)272-2395. The examiner can normally be reached 8:30AM-5:00PM. 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, Mr. STEVE PAIK can be reached at 571-272-2404. 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. /EDWYN LABAZE/Primary Examiner, Art Unit 2876
Read full office action

Prosecution Timeline

Dec 14, 2023
Application Filed
Jun 29, 2024
Non-Final Rejection — §103
Oct 07, 2024
Response Filed
Dec 03, 2024
Final Rejection — §103
Mar 06, 2025
Response after Non-Final Action
Apr 04, 2025
Request for Continued Examination
Apr 07, 2025
Response after Non-Final Action
Apr 11, 2025
Non-Final Rejection — §103
Oct 16, 2025
Response Filed
Oct 30, 2025
Final Rejection — §103
Feb 03, 2026
Request for Continued Examination
Feb 14, 2026
Response after Non-Final Action
Feb 18, 2026
Non-Final Rejection — §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

5-6
Expected OA Rounds
89%
Grant Probability
99%
With Interview (+9.2%)
1y 11m
Median Time to Grant
High
PTA Risk
Based on 1579 resolved cases by this examiner. Grant probability derived from career allow rate.

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