Prosecution Insights
Last updated: July 17, 2026
Application No. 18/616,396

ROAD DEFECT LEVEL PREDICTION

Final Rejection §112
Filed
Mar 26, 2024
Priority
Apr 21, 2023 — provisional 63/460,961
Examiner
XIAO, DI
Art Unit
2178
Tech Center
2100 — Computer Architecture & Software
Assignee
NEC Laboratories America Inc.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
1y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
477 granted / 614 resolved
+22.7% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
19 currently pending
Career history
632
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
93.9%
+53.9% vs TC avg
§102
2.9%
-37.1% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 614 resolved cases

Office Action

§112
DETAILED ACTION In Applicant’s Response dated 4/22/2026, Applicant amended claims 1 to 20; and argued against all rejections previously set forth in the Office action dated 1/23/2026. Response to Argument Applicant’s arguments were considered, but are moot in view of the new ground(s) of rejection. Allowable Subject Matter Claim 1-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. With regard to claim 1, the limitation “predicting road defect levels by fitting the ROI and the depth map into a road surface model based on a road surface threshold computed as an intersection of the road pixels from the ROI and a road surface plane obtained from the depth map;” is not taught anywhere in the specification or the original claims. Claims 9 and 17 are rejected for the same reason. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. With regard to claim 1, applicant claims the limitation the limitation “predicting road defect levels by fitting the ROI and the depth map into a road surface model based on a road surface threshold computed as an intersection of the road pixels from the ROI and a road surface plane obtained from the depth map.” It is unclear what constitutes “a road surface threshold computed as an intersection of the road pixels from the ROI and a road surface plane obtained from the depth map.” It is unclear how the threshold is determined. It is unclear whether it is based on a matching of contents between the image and depth map or whether it is based a difference between the two or whether it is based on something else. For the purpose of a compact prosecution, it is interpreted that the threshold is satisfied if the contents from pixels of the image have the number of features that matches the features from the depth map. Claims 9 and 17 are rejected for the same reason. 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 DI XIAO whose telephone number is (571)270-1758. The examiner can normally be reached 9Am-5Pm est M-F. 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, Stephen Hong can be reached at (571) 272-4124. 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. /DI XIAO/Primary Examiner, Art Unit 2178
Read full office action

Prosecution Timeline

Mar 26, 2024
Application Filed
Jan 23, 2026
Non-Final Rejection mailed — §112
Mar 20, 2026
Interview Requested
Mar 26, 2026
Applicant Interview (Telephonic)
Apr 02, 2026
Examiner Interview Summary
Apr 22, 2026
Response Filed
Jun 18, 2026
Final Rejection mailed — §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
78%
Grant Probability
99%
With Interview (+21.3%)
3y 4m (~1y 0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 614 resolved cases by this examiner. Grant probability derived from career allowance rate.

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