Prosecution Insights
Last updated: August 06, 2026
Application No. 18/558,059

HOLDING SEGMENT FOR A WORKPIECE HOLDING DEVICE, WORKPIECE HOLDING DEVICE AND MACHINE TOOL

Final Rejection §103§112
Filed
Oct 30, 2023
Priority
May 18, 2021 — DE 10 2021 112 807.2 +1 more
Examiner
BESLER, CHRISTOPHER JAMES
Art Unit
3726
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Homag Bohrsysteme GmbH
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
603 granted / 884 resolved
-1.8% vs TC avg
Strong +42% interview lift
Without
With
+41.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
49 currently pending
Career history
934
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
39.8%
-0.2% vs TC avg
§102
18.2%
-21.8% vs TC avg
§112
37.3%
-2.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 884 resolved cases

Office Action

§103 §112
DETAILED ACTION Claim Interpretation This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “negative pressure generating device” recited in claim 1 “first negative pressure generating device” recited in claim 13 “second negative pressure generating device” recited in claim 13 Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Due to the invocation of 35 U.S.C. 112(f), “negative pressure generating device” will be interpreted so as to comprise ‘a vacuum pump,’ as taught by the Specification (page 7, second paragraph), or an equivalent thereof. Due to the invocation of 35 U.S.C. 112(f), “first negative pressure generating device” will be interpreted so as to comprise ‘a high vacuum pump,’ as taught by the Specification (page 7, second paragraph), or an equivalent thereof. Due to the invocation of 35 U.S.C. 112(f), “second negative pressure generating device” will be interpreted so as to comprise ‘a low vacuum pump,’ as taught by the Specification (page 7, second paragraph), or an equivalent thereof. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tsutsui (U.S. Patent Number 4,561,688) in view of Monteen (U.S. Patent Application Publication Number 2010/0013169) and Ueda (U.S. Patent Number 5,417,408). As to claim 1, Tsutsui teaches a machining device for machining a plate-shaped workpiece (abstract), the machining device comprising: holding segment for a workpiece holding device (figure 1, elements 2, 3a, and 3b being the ‘holding segment’; column 2, lines 58 - 67); and at least one negative pressure generating device comprising a vacuum pump (figure 1, elements 4a and 4b being the ‘negative pressure generating device’; column 2, lines 63 – 67), wherein the holding segment comprises: a support plate with openings (figure 1, upper portion of element 2 being the ‘support plate,’ see below; column 2, lines 58 – 61), a distribution member comprising a fluid channel (figure 1, lower portion of element 2 being the ‘distribution member,’ see below; column 2, lines 58 – 61), said distribution member being provided for fluid connection to at least one supply line (figure 1, lower portion of element 2, see below; column 3, lines 1 – 20). PNG media_image1.png 301 944 media_image1.png Greyscale Tsutsui further teaches the holding segment comprising a plurality of valves for fluidly connecting the fluid channel of the distribution member to the openings of the support plate, wherein each of the valves can be separately tuned on/off (figure 1, elements 3a and 3b being the ‘plurality of valves’; column 2, line 60 – column 3, line 20). Examiner recognizes that Tsutsui teaches that the valves are remote from the openings and the fluid channel (figure 1, elements 2, 3a, and 3b, see above), such that the valves do not physically connect the openings and the fluid channel. However, it is the position of the Examiner that the valves of Tsutsui do fluidly connect the openings to the fluid channel, because Tsutsui expressly teaches that the valves act to control an amount of vacuum that flows through the openings and the fluid channel (column 3, lines 1 – 20), such that the vacuum flows from the fluid channel to the openings. Examiner further notes that this interpretation is consistent with the teachings of Applicant’s Specification, which clearly illustrate that the valves are separated from the fluid channel and the openings, such that the valves do not physically connect the fluid channel to the openings (figures 2a and 3, elements 36, and 36a’, and 36b’ being the ‘valves,’ elements 35a and 35a’ being the ‘fluid channel,’ and elements 31a and 31a’ being the ‘openings’). Examiner further notes that the Specification does not expressly teach the location of the valves, or whether the valves are located between the fluid channel and the openings, such that the valves physically connect the fluid channel to the openings. However, Tsutsui does not teach how the holding segment is supported. Monteen teaches a machining device for machining a plate-shaped workpiece (abstract), the machining device comprising: a holding segment for a workpiece holding device (figure 1, element 108 being the ‘holding segment’; paragraphs 44 and 65). Monteen further teaches an embodiment in which the holding segment comprises: a support plate with openings (figure 5, element 500 being the ‘support plate’ and elements 508 being the ‘openings’; paragraph 65), a distribution member being provided for fluid connection to at least one supply line (figure 5, element 510 being the ‘distribution member’; paragraphs 65 – 67), and a plurality of valves for fluidily connecting the fluid channel of the distribution member to the openings of the support plate (figure 5, element 512 being the ‘plurality of valves’; paragraph 67). Monteen further teaches the machining device comprising a machine bed (figure 1, element 116 being the ‘machine bed’; paragraphs 45 and 48), wherein the holding segment is arranged at the machine bed (figure 1, elements 108 and 116). It would have been obvious to provide the machining device of Tsutsui with the machining bed of Monteen, because Monteen teaches that use of such a machining bed provides the benefit of supporting the machining device (paragraphs 45 and 48). Tsutsui further teaches that the support plate and the distribution member are integrally formed, rather than being separate elements. Ueda teaches a holding segment for a workpiece holding device (abstract), comprising: a support plate with openings (figure 2, element 11 being the ‘support plate’ and elements 17 being the ‘openings’; column 3, lines 29 – 31 and column 4, lines 17 – 23), and a distribution member comprising a fluid channel (figure 2, element 10 being the ‘distribution member’ and element 14 being the ‘fluid channel’; column 3, lines 29 – 30 and 42 – 45), said distribution member being provided for fluid connected to at least one supply line (figure 2, element 14, see below’; column 3, lines 55 – 59). PNG media_image2.png 340 679 media_image2.png Greyscale It would have been obvious to one skilled in the art to form the support plate and distribution member of Tsutsui, such that the support plate and distribution member are separate elements, as taught by Ueda, because one skilled in the art would have recognizes that a holding segment that comprises either an integral support plate and distribution member or a separate support plate and distribution member would provide the same benefit of providing a fluid connection between the fluid channel of the distribution member and the openings of the support plate, as desired by Tsutsui (column 3, lines 1 – 20). As to claim 13, Tsutsui teaches that the at least one negative pressure generating device comprises a first negative pressure generating device, comprising a high vacuum pump, for generating a first negative pressure level and a second negative pressure generating device, comprising a low vacuum pump, for generating a second negative pressure level (figure 1, element 4b being the ‘first negative pressure generating device’ and element 4a being the ‘second negative pressure generating device’; column 2, lines 63 – 67). As to claim 14, Tsutsui teaches that the plurality of valves are configured to be turned on or off to control a fluid connection between the first and second negative pressure generating devices and the support plate of the holding segment (figure 1, elements 3a, 3b, 4a, 4b, and 2; column 2, line 61 – column 3, line 5). Response to Arguments Applicant's arguments filed June 30, 2026 have been fully considered but they are not persuasive. Applicant argues, on pages 6 – 7, that the prior art does not teach ‘a machine bed, wherein the holding device is arranged on the machine bed,’ as recited by claim 1. Examiner disagrees. Monteen teaches a machining device for machining a plate-shaped workpiece (abstract), the machining device comprising: a holding segment for a workpiece holding device (figure 1, element 108 being the ‘holding segment’; paragraphs 44 and 65). Monteen further teaches an embodiment in which the holding segment comprises: a support plate with openings (figure 5, element 500 being the ‘support plate’ and elements 508 being the ‘openings’; paragraph 65), a distribution member being provided for fluid connection to at least one supply line (figure 5, element 510 being the ‘distribution member’; paragraphs 65 – 67), and a plurality of valves for fluidily connecting the fluid channel of the distribution member to the openings of the support plate (figure 5, element 512 being the ‘plurality of valves’; paragraph 67). Monteen further teaches the machining device comprising a machine bed (figure 1, element 116 being the ‘machine bed’; paragraphs 45 and 48), wherein the holding segment is arranged at the machine bed (figure 1, elements 108 and 116). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 CHRISTOPHER BESLER whose telephone number is (571)270-5331. The examiner can normally be reached Monday - Friday, 10:30 am - 7:30 pm (EST). 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, Thomas Hong can be reached at (571) 272-0993. 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. /CHRISTOPHER J. BESLER/Primary Examiner, Art Unit 3726
Read full office action

Prosecution Timeline

Oct 30, 2023
Application Filed
Mar 30, 2026
Non-Final Rejection mailed — §103, §112
Jun 30, 2026
Response Filed
Jul 17, 2026
Final Rejection mailed — §103, §112 (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
68%
Grant Probability
99%
With Interview (+41.6%)
3y 2m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 884 resolved cases by this examiner. Grant probability derived from career allowance rate.

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