Prosecution Insights
Last updated: April 19, 2026
Application No. 18/568,289

POSITION MEASUREMENT DEVICE, POSITION MEASUREMENT SYSTEM, AND MEASUREMENT DEVICE

Non-Final OA §102§103
Filed
Jul 23, 2024
Examiner
STAFIRA, MICHAEL PATRICK
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nikon Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 1m
To Grant
97%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
1110 granted / 1256 resolved
+20.4% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
33 currently pending
Career history
1289
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
41.7%
+1.7% vs TC avg
§102
41.1%
+1.1% vs TC avg
§112
8.9%
-31.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1256 resolved cases

Office Action

§102 §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, a moveable unit (Claim 1, 2, 42; no reference number in the drawing); a transmission unit (Claim 1, 2, 42; no reference number in the drawings) 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. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. 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: a movement device (Claim 1, 2, 42); a position measurement unit (Claim 1, 2, 11, 15, 21, 23, 42) light reception unit (Claim 1, 2); a position information acquisition unit (Claim 1, 2, 42); a movement unit (Claim 1, 2, 3, 5, 21, 42); a transmission unit (Claim 1, 2, 42); imaging adjustment unit (Claim 3, 6, 7); optical system (Claim 7); a vibration detection unit (Claim 9, 10, 11); a holding unit (Claim 12); a reference position measurement unit (Claim 19); a first reference irradiation unit (Claim 19); a second reference irradiation unit (Claim 19); a third reference irradiation unit (Claim 19); a reference light reception unit (Claim 19); a vibration detection unit (Claim 23, 24). 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. 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. Claim(s) 1-2, 8, 14-15, 42 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2017019072 A. Claim 1 JP 2017019072 A discloses a movement device (Fig. 3, Ref. 20a) capable of movement (Fig. 3, Ref. B, C axis); a position measurement unit (Fig. 1, Ref. 20) including an irradiation unit (Fig. 3, Ref. 202) configured to irradiate measurement light (Fig. 3, Ref. La) to a reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10) arranged on a movable unit of a robot (Fig. 1, Ref. 2), a light reception unit (Fig. 3, Ref. 204) configured to receive reflected light (Fig. 3, Ref. Lb) from the reflective element (Fig. 3, Ref. 100), a position information acquisition unit (Fig. 5, Ref. 216; reflector position measuring unit) configured to acquire position information of the reflective element (Fig. 3, Ref. 100), and a movement unit (Fig. 5, Ref. 210; setting unit) configured to change an irradiation direction of the measurement light (Fig. 3, Ref. 202; setting unit changes the x, y, z axis); an imaging unit (Fig. 5, Ref. 206; infrared light receiving unit); and a transmission unit (Fig. 5, Ref. 30) configured to transmit the position information acquired by the position information acquisition unit (Fig. 5, Ref. 216) or adjustment information of the robot based on the position information to a control system (Fig. 1, Ref. 3) of the robot (Fig. 1, Ref. 2), wherein the movement device (Fig. 3, Ref. 2a) moves at least one of the irradiation unit (Fig. 5, Ref. 202), the light reception unit (Fig. 5, Ref. 204), the movement unit (Fig. 5, Ref. 210), and the imaging unit (Fig. 5, Ref. 206), and wherein the movement unit (Fig. 5, Ref. 210) is controlled so that one or both of at least a part of the robot (Fig. 1, Ref. 2) and the reflective element (Fig. 1, Ref. 10) are imaged using the imaging unit (Fig. 1, Ref. I; Fig. 5, Ref. 206) and the measurement light (Fig. 1, Ref. La, Lb, I) is irradiated to the reflective element (Fig. 1, Ref. 10) on the basis of an imaging result of the imaging unit (Fig. 5, Ref. 206)(Page 7, Para. 6). PNG media_image1.png 338 514 media_image1.png Greyscale PNG media_image2.png 772 534 media_image2.png Greyscale Claim 2 JP 2017019072 A discloses a position measurement unit (Fig. 1, Ref. 20) including an irradiation unit (Fig. 3, Ref. 202) configured to irradiate measurement light (Fig. 3, Ref. La) to a reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10) arranged on a movable unit of a robot (Fig. 1, Ref. 2), a light reception unit (Fig. 3, Ref. 204) configured to receive reflected light (Fig. 3, Ref. Lb) from the reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10), a position information acquisition unit (Fig. 5, Ref. 216; reflector position measuring unit) configured to acquire position information of the reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10) on the basis of a light reception result of the a light reception unit (Fig. 3, Ref. 204), and a movement unit (Fig. 5, Ref. 210; setting unit) configured to change an irradiation direction of the measurement light (Fig. 3, Ref. 202; setting unit changes the x, y, z axis); an imaging unit an imaging unit (Fig. 5, Ref. 206; infrared light receiving unit) configured to image one or both of at least a part of the robot (Fig. 1, Ref. 2) and the reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10); a transmission unit a transmission unit (Fig. 5, Ref. 30) configured to transmit the position information acquired by the position information acquisition unit (Fig. 5, Ref. 216) or adjustment information of the robot (Fig. 1, Ref. 2) based on the position information to a control system (Fig. 1, Ref. 3) of the robot (Fig. 1, Ref. 2); and a movement device (Fig. 3, Ref. 20a) capable of movement and including at least the irradiation unit (Fig. 3, Ref. 202), the light reception unit (Fig. 3, Ref. 204), the movement unit (Fig. 5, Ref. 210; setting unit), and the imaging unit (Fig. 5, Ref. 206), wherein the movement unit movement unit (Fig. 5, Ref. 210) is controlled so that the measurement light (Fig. 3, Ref. La) is irradiated to the reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10) on the basis of an imaging result of the imaging unit (Fig. 5, Ref. 206)(Page 7, Para. 6). Claim 8 JP 2017019072 A discloses the irradiation unit (Fig. 3, Ref. 202) irradiates the measurement light (Fig. 3, Ref. La) to the reflective element (Fig. 3, Ref. 100) after the movement device stops (When measuring device Ref. 20 is installed the measuring device measures current position; Page 3, Para. 4). Claim 14 JP 2017019072 A discloses the adjustment information includes a control signal (Fig. 1, Ref. 30) for controlling the robot (Fig. 1, Ref. 2) and the adjustment information is transmitted to the control system (Fig. 1, Ref. 3) of the robot (Fig. 1, Ref. 2) through wireless communication (Page 3, Para. 5). Claim 15 JP 2017019072 A discloses he position measurement unit (Fig. 1, Ref. 20) acquires information about a coordinate system in a space where the robot (Fig. 1, Ref. 2) is arranged and generates coordinate position information of the robot (Fig. 1, Ref. 2) in the coordinate system on the basis of the information about the coordinate system (Page 5, Para. 4). Claim 42 JP 2017019072 A discloses a position measurement device (Fig. 1, Ref. 20), wherein the position measurement device (Fig. 1, Ref. 20) comprising: a movement device (Fig. 1, Ref. 2a) capable of movement (Fig. 3, Ref. B, C axis); a position measurement unit (Fig. 1, Ref. 20) including an irradiation unit (Fig. 3, Ref. 202) configured to irradiate measurement light (Fig. 3, Ref. La) to a reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10) arranged on a movable unit of a robot (Fig. 1, Ref. 2), a light reception unit (Fig. 3, Ref. 204) configured to receive reflected light (Fig. 3, Ref. Lb) from the reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10), a position information acquisition unit (Fig. 5, Ref. 216) configured to acquire position information of the reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10), and a movement unit (Fig. 5, Ref. 210; setting unit) configured to change an irradiation direction of the measurement light (Fig. 3, Ref. 202; setting unit changes the x, y, z axis); an imaging unit (Fig. 5, Ref. 206); and a transmission unit (Fig. 5, Ref. 30) configured to transmit the position information acquired by the position information acquisition unit (Fig. 5, Ref. 216) or adjustment information of the robot (Fig. 1, Ref. 2) based on the position information to a control system (Fig. 1, Ref. 3) of the robot (Fig. 1, Ref. 2), wherein the position measurement method comprising: a moving step of moving at least one of the irradiation unit (Fig. 3, Ref. 202), the light reception unit (Fig. 3, Ref. 204), the movement unit (Fig. 5, Ref. 210; setting unit), and the imaging unit (Fig. 5, Ref. 206) by the movement device (Fig. 3, Ref. 20a)(Page 6, Para. 2); a controlling step of controlling the movement unit (Fig. 5, Ref. 210; setting unit) so that one or both of at least a part of the robot (Fig. 1, Ref. 2) and the reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10) are imaged using the imaging unit (Fig. 5, Ref. 206)(Page 9, Para. 3-4); and an irradiating step of irradiating the measurement light (Fig. 3, Ref. La) to the reflective element (Fig. 3, Ref. 100, Fig. 1, Ref. 10) on the basis of an imaging result of the imaging unit (Fig. 5, Ref. 206)(Page 9, Para. 2-4). Claim Rejections - 35 USC § 103 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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2017019072 A. Claim 12 JP 2017019072 A discloses the claimed invention except for a holding unit configured to detachably hold the reflective element, wherein the holding unit is provided in the movement device. It would have been obvious to one having ordinary skill in the art at the effective filing date of the claimed invention was made to combine JP 2017019072 A with a holding unit since it was well known in the art that having a holding unit for holding reflective elements on the movement device allows for a storage area when the reflection elements are not in use, therefore providing a known location when the reflective elements are needed. The examiner takes Official Notice that the elements listed above are well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. Allowable Subject Matter Claims 3-7, 9-11, 19, 21, 23-24, 41 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 3, the prior art fails to disclose or make obvious a second imaging unit different from the first imaging unit, wherein the imaging adjustment unit discriminates a position of the robot serving as a measurement target on the basis of an imaging result of the second imaging unit and makes an adjustment so that the imaging direction of the first imaging unit is directed to the position of the robot, and wherein the movement unit discriminates a position of the reflective element serving as a measurement target on the basis of an imaging result of the first imaging unit and drives the irradiation unit to irradiate the measurement light to the reflective element, and in combination with the other recited limitations of claims 1, 3. Claims 4-7, 41 would be allowed by the virtue of dependency on the allowed claims 1, 3. Regarding claim 9, the prior art fails to disclose or make obvious a vibration detection unit configured to detect vibrations of at least a part of the position measurement device, wherein the irradiation unit irradiates the measurement light to the reflective element on the basis of a detection result of the vibration detection unit, and in combination with the other recited limitations of claims 1, 9. Claims 10-11 would be allowed by the virtue of dependency on the allowed claims 1, 9. Regarding claim 19, the prior art fails to disclose or make obvious a first reference irradiation unit configured to irradiate first reference measurement light to a first reference reflective element relating to the reference position; a second reference irradiation unit configured to irradiate second reference measurement light to a second reference reflective element relating to the reference position; a third reference irradiation unit configured to irradiate third reference measurement light to a third reference reflective element relating to the reference position; and a reference light reception unit configured to receive first reference reflected light from the first reference reflective element, second reference reflected light from the second reference reflective element, and third reference reflected light from the third reference reflective element, and wherein position information for the reference position of the first reflective element is generated on the basis of a light reception result of the first light reception unit and a light reception result of the reference light reception unit, and in combination with the other recited limitations of claims 1, 19. Regarding claim 21, the prior art fails to disclose or make obvious the reflective element is a first reflective element, wherein the movement unit adjusts the irradiation direction so that the measurement light is directed to a reference reflective element relating to a reference position, wherein the light reception unit receives reference reflected light from the reference reflective element, and wherein the position measurement unit generates position information about the reference position of the first reflective element on the basis of a light reception result of the light reception unit, and in combination with the other recited limitations of claims 1, 21. Regarding claim 23, the prior art fails to disclose or make obvious a vibration detection unit configured to detect vibrations of at least a part of the position measurement device, wherein the position measurement unit generates information about the reference position on the basis of a detection result of the vibration detection unit, and in combination with the other recited limitations of claims 1, 23. Claim 24 would be allowed by the virtue of dependency on the allowed claims 1, 23. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK STAFIRA whose telephone number is (571)272-2430. The examiner can normally be reached M-F 6:30am-3pm. 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, Tarifur Chowdhury can be reached at 571-272-2287. 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. /MICHAEL P STAFIRA/Primary Examiner, Art Unit 2877 January 9, 2026
Read full office action

Prosecution Timeline

Jul 23, 2024
Application Filed
Jan 09, 2026
Non-Final Rejection — §102, §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

1-2
Expected OA Rounds
88%
Grant Probability
97%
With Interview (+8.6%)
2y 1m
Median Time to Grant
Low
PTA Risk
Based on 1256 resolved cases by this examiner. Grant probability derived from career allow rate.

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