Prosecution Insights
Last updated: May 29, 2026
Application No. 18/549,486

SOUND DEVICE

Non-Final OA §102
Filed
Sep 07, 2023
Priority
Mar 09, 2021 — nonprovisional of PCTJP2021009390
Examiner
CAROC, LHEIREN MAE ANGLO
Art Unit
2831
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
AlphaTheta Corporation
OA Round
3 (Non-Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
776 granted / 997 resolved
+9.8% vs TC avg
Moderate +14% lift
Without
With
+13.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
24 currently pending
Career history
1029
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
64.6%
+24.6% vs TC avg
§102
26.1%
-13.9% vs TC avg
§112
7.5%
-32.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 997 resolved cases

Office Action

§102
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/13/2026 has been entered. 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. Claims 1-4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ueda et al. [Ueda hereinafter, US 9,606,569]. In regard to claim 1, Ueda discloses [in Figs. 1-4] an operator [122]; a state switching mechanism [156] that performs switching of operation modes of the acoustic device in response to a switching operation; and an operational-feeling switching mechanism [151-153, 155] that performs switching of operational feelings of the operator in response to the switching operation, along with the switching of the operation modes performed by the state switching mechanism. In regard to claim 2, Ueda discloses [in Figs. 1-4], the limitations of claim 1, wherein the operator comprises a plurality of operators [col. 4, lines 27-41], the operational-feeling switching mechanism is provided correspondingly to each of the plurality of operators, and the state switching mechanism performs the switching of the operation modes of the acoustic device, and causes a plurality of the operational-feeling switching mechanisms to operate. In regard to claim 3, Ueda discloses [in Figs. 1-4], the limitations of claim 1, wherein the operational-feeling switching mechanism performs the switching of the operational feelings between a state in which a clicking feeling occurs when the operator is operated and a state in which no clicking feeling occurs when the operator is operated. In regard to claim 4, Ueda discloses [in Figs. 1-4], the limitations of claim 1, wherein the state switching mechanism comprises a slide switch comprising a slide operator [at 156, Fig. 4] and that performs the switching of the operation modes in accordance with a position of the slide operator, and a slide member [156a] that is slidable with the slide operator, and the operational-feeling switching mechanism comprises an engagement portion [155a] that engages with the slide member [156a]. In regard to claim 8, Ueda discloses [in Figs. 1-4], the limitations of claim 1, wherein the state switching mechanism [156] includes a switching operator [156a] that performs the switching of the operation modes of the acoustic device in accordance with a position to which the switching operator is moved by a switching operation of a user, and the operational-feeling switching mechanism [151-153, 155] engages with the state switching mechanism and, in conjunction with movement of the switching operator in response to the switching operation of the user, perform the switching of the operational feelings of the operator. Allowable Subject Matter Claims 5-7 remain 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. Response to Arguments Applicant's arguments filed 03/13/2026 have been fully considered but they are not persuasive. First, it is noted that Examiner Caroc did not specify that an agreement was reached in the interview held on 02/19/2026 with respect to claim amendments [please see interview summary]. With respect to claim 1, Applicant argues that “Ueda does not teach or suggest an acoustic device in which an operational-feeling switching mechanism performs switching of operational feelings "in response to [a] switching operation" by which the operation modes of the acoustic device are switched by a state switching mechanism. Instead, at best, Ueda only discloses a state switching mechanism configured to receive a switching operation to switch the operational feelings of an operator, not that switches operation modes of an acoustic device and also the operational feelings of the operator.” The Examiner disagrees. Ueda discloses [in Figs. 1-4] and [col. 4, line 63 – col. 5, line 2 and col. 5, lines 24-48] that the state switching mechanism [156] performs switching of the operation modes, wherein the operation modes are continuous mode or click mode, and that the operational-feeling switching mechanism performs switching of operational feelings of the operator in response to the switching operation, along with the switching of the operation modes [continuous mode or click mode] performed by the state switching mechanism as recited in claim 1. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LHEIREN MAE A CAROC whose telephone number is (571)272-2730. The examiner can normally be reached Monday-Friday, 9:00am-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, Renee Luebke can be reached at 571-272-2009. 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. /LHEIREN MAE A CAROC/Primary Examiner, Art Unit 2833
Read full office action

Prosecution Timeline

Show 2 earlier events
Sep 12, 2025
Response Filed
Dec 17, 2025
Final Rejection mailed — §102
Feb 09, 2026
Interview Requested
Feb 19, 2026
Applicant Interview (Telephonic)
Feb 21, 2026
Examiner Interview Summary
Mar 13, 2026
Request for Continued Examination
Mar 18, 2026
Response after Non-Final Action
Mar 25, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12620728
ISOLATION SWITCH AND TERMINAL RINGS
2y 2m to grant Granted May 05, 2026
Patent 12614683
BACKLIGHT MODULE AND LUMINOUS KEYBOARD USING THE SAME
2y 7m to grant Granted Apr 28, 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
91%
With Interview (+13.6%)
2y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 997 resolved cases by this examiner. Grant probability derived from career allowance rate.

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