Prosecution Insights
Last updated: April 19, 2026
Application No. 18/605,908

LEVEL METER

Non-Final OA §103§112
Filed
Mar 15, 2024
Examiner
MCCALL, ERIC SCOTT
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Keyence Corporation
OA Round
1 (Non-Final)
88%
Grant Probability
Favorable
1-2
OA Rounds
2y 6m
To Grant
94%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allow Rate
812 granted / 925 resolved
+19.8% vs TC avg
Moderate +6% lift
Without
With
+6.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
24 currently pending
Career history
949
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
42.0%
+2.0% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
25.6%
-14.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 925 resolved cases

Office Action

§103 §112
LEVEL METER FIRST OFFICE ACTION DRAWINGS The drawings have been considered and approved. TITLE The title is objected to because it is vague and not clearly descriptive of the claimed invention. ABSTRACT The abstract has been considered and approved. SPECIFICATION The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. The Applicant's cooperation is requested in correcting any errors of which the Applicant may become aware of in the specification. CLAIMS In the event that the determination of the status of the application as subject to AIA is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the rationale supporting the rejection would be the same. 35 U.S.C. § 112 In accordance with 35 U.S.C. 112(b), the specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 1 - 16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to point out and distinctly claim the subject matter which the inventors regard as the invention. Independent claim 1, line 2; the phrase “on one end side” is indefinite as to what the side is in reference to. Independent claim 1, line 4; the phrases “at another end side” and “the one end side” are indefinite as to what the sides are in reference to. Independent claim 1, line 7; the phrase “with respect to a color graph” is indefinite since no such color graph has been previously set forth. Claim 4; the term “a larger value” is indefinite as to what the value is large than. Claim 15, lines 2 - 3; the phrase “transmitting a radio wave to be a transmission wave” is indefinite as to the proper meaning thereof. Claim 16, lines 2 - 3; the phrase “transmitting a radio wave to be a transmission wave” is indefinite as to the proper meaning thereof. 35 U.S.C. § 103 In accordance with 35 U.S.C. 103, 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 of this title, 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. Claims 1 - 6, 11, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Antocci (2015/0082882) in view of Martinec et al. (4,250,750) and further in view of Lewis et al. (2015/0324106). With respect to independent claim 1, Antocci sets forth a level meter for measuring a level of an object (see Fig. 3), the level meter comprising: a sensor unit (15) disposed on one end side along a measurement axis, and configured to measure the level (of liquid L) along the measurement axis (centerline of container C); a housing (30) mounted on the sensor unit at another end side different from the one end side; and a display unit (73) disposed on the housing (Fig. 2), and configured to display the level measured by the sensor unit with respect to a color graph (paragraph 46). Antocci fail to set forth that the color graph has a plurality of level ranges color-coded with different colors. However, Martinec et al. set forth a graph that has a plurality of level ranges (Fig. 2B) and Lewis et al. teach that the use of colors in graphs to enhance features of the graph is known (paragraph 2). As such, it would have been obvious to one having ordinary skill in the art armed with these teachings to use a display as taught by Martinec and Lewis with the device of Antocci. The motivation being to quickly and easily identify the measured level upon a quick glance of the display to minimize distractions due to the observing of the display. With respect to claim 2, Antocci in view of Martsets set forth that the display unit displays a gauge including a plurality of sections arranged along an increasing/decreasing direction of the level in the display unit, each of the plurality of sections corresponding to each level range of the plurality of level ranges (Antocci Fig. 2). With respect to claim 3, Antocci in view of Martinec et al. and Lewis et al. suggest that the display unit displays the level measured by the sensor unit in a bar graph (Antocci; 393 in Fig. 5) together with the color gauge (Lewis; paragraph 2) having a common coordinate system along an increasing/decreasing direction of the level in the display unit, wherein a length of the bar graph expands and contracts according to the level (Martinec; Fig. 2b). With respect to claim 4, Antocci in view of Martinec et al. and Lewis et al. suggest that the bar graph indicates a larger value as the bar graph extends to a position farther from the sensor unit (Fig. 2B). With respect to claim 5, Antocci in view of Martinec et al. and Lewis et al. suggest that the display unit displays the level measured by the sensor unit as a numerical value (ie. 1/2) in addition to the bar graph (Martinec; Fig. 2B). With respect to claim 6, Antocci in view of Martinec et al. and Lewis et al. suggest that an upper limit of a measurement range is set for the level measured by the sensor unit, and the display unit displays the level at a ratio (ie. 1/4, 1/2, 3/4) to an upper limit of a measurement range (Martinec; Fig. 2B). With respect to claim 11, Antocci suggests that the housing (30) has a flat portion parallel to a direction of the measurement axis and the display unit is disposed in the flat portion (Fig. 2). With respect to claim 14, Antocci suggests that the housing includes an operation unit (61 in Fig. 2) for changing setting of the level range. Allowable Subject Matter Claims 7 - 10, 12, 13, 15, and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome the above rejection under 35 U.S.C. 112 and rewritten in independent form including all of the limitations of the base claim and any intervening claims. With respect to claim 7, the prior art fails to teach or suggest an output unit configured to output a control signal based on a comparison result between a level measured by the sensor unit and each of the thresholds, and each of the plurality of the section of the color gauge is defined by each of the thresholds. With respect to claim 8, the prior art fails to teach or suggest the level meter further comprises a state lamp displaying a status of the object based on a comparison result between the level measured by the sensor unit and each of the thresholds and each of the plurality of sections of the color gauge is defined by each of the thresholds. Claims 9 and 10 depend from claim 8. With respect to claim 12, the prior art fails to teach or suggest that the housing is rotatably mounted on the sensor unit via a rotation mechanism, and a rotation angle of the display unit with respect to the sensor unit about a rotation axis parallel to a direction of the measurement axis is adjustable. With respect to claim 13, the prior art fails to teach or suggest that the terminal unit is separable from the base, and the display unit displays the measured level in a state where the terminal unit is separated from the base. With respect to claim 15, the prior art fails to teach or suggest that the sensor unit includes a transmission unit transmitting a radio wave to be a transmission wave toward the object, and a dielectric lens guiding the transmission wave toward the object is provided. With respect to claim 16, the prior art fails to teach or suggest that the sensor unit includes a transmission unit transmitting a radio wave to be a transmission wave toward the object, and a horn antenna guiding the transmission wave toward the object is provided. CITED DOCUMENTS The Applicant’s attention is directed to the “PTO-892” form for the relevant art made of record at the time of this Office Action. CONTACT INFORMATION Any inquiry concerning this communication from the Examiner should be directed to Eric S. McCall whose telephone number is 571-272-2183. 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 Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center for authorized users only. For questions about access to Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, the Applicant is advised to use the USPTO Automated Interview Request (AIR) Form at: https://www.uspto.gov/patents/uspto-automated- interview-request-air-form. /Eric S. McCall/Primary Examiner Art Unit 2855
Read full office action

Prosecution Timeline

Mar 15, 2024
Application Filed
Mar 07, 2026
Non-Final Rejection — §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12601452
PIPELINE INTEGRITY MONITORING SYSTEM (PIMS) FOR OIL, GAS AND OTHER PIPELINES
2y 5m to grant Granted Apr 14, 2026
Patent 12590986
ACCELERATION-MEASURING SENSOR ASSEMBLY COMPRISING AN ACCELEROMETER SUBASSEMBLY WITH THREE MEASUREMENT AXES, AND A SEISMIC MASS MOVING IN A STRAIGHT LINE ALONG A PRINCIPAL AXIS A, WHICH ASSEMBLY IS MOUNTED IN A HOUSING AND CONFIGURED TO DETERMINE AN ACCELERATION ALONG A MEASUREMENT AXIS Y
2y 5m to grant Granted Mar 31, 2026
Patent 12584939
ACCELEROMETER HAVING A DIFFERENTIAL CAPACITANCE BETWEEN DETECTING PLATES AND DETECTING ELECTRODES
2y 5m to grant Granted Mar 24, 2026
Patent 12566107
INSTRUMENTATION COMB FOR AN AIRCRAFT ENGINE WITH SENSORS AND INTEGRATED ELECTRONIC SYSTEM
2y 5m to grant Granted Mar 03, 2026
Patent 12559190
VEHICLE PERIPHERY DETECTION SYSTEM
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
88%
Grant Probability
94%
With Interview (+6.0%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 925 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month