Prosecution Insights
Last updated: May 29, 2026
Application No. 18/644,158

LINEAR DRIVE FOR MOVING A FUNCTIONAL UNIT OF A MICROSCOPE AND MICROSCOPE

Non-Final OA §103
Filed
Apr 24, 2024
Priority
May 02, 2023 — EU 23171056.7
Examiner
LIU, SHAN
Art Unit
2871
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Leica Microsystems Cms GmbH
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
442 granted / 614 resolved
+4.0% vs TC avg
Strong +40% interview lift
Without
With
+39.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
22 currently pending
Career history
639
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
84.2%
+44.2% vs TC avg
§102
5.3%
-34.7% vs TC avg
§112
6.8%
-33.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 614 resolved cases

Office Action

§103
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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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 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, 8 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Honda (US 2018/0275385) in view of CHIN, LILLIAN et al , "Compliant Electric Actuators Based on Handed Shearing Auxetics", 2018 IEEE International Conference on Soft Robotics (RoboSoft), April 24, 2018, pp 100-107, XP033371412, IEEE, Piscataway, NJ, USA (Cited in the IDS submitted 07/09/2024). Regarding claim 1, Honda teaches a linear drive (the linear drive corresponding to 10 in Fig. 1, Abs, [0054, 0016-0063]) for moving a functional unit (the unit corresponding to 14 and/or 18 in Fig. 1) of a microscope (Fig. 1), comprising: a first moveable member (the rotation member corresponding to V1, which is rotated by the motor of 12 and connected to S1 in Picture 1 and Fig. 1) that is rotatable about an axis of rotation (A1 in Picture 1 and Fig. 1) and fixed with respect to linear movement (the movement corresponding to X in Picture 1 and Fig. 1) along the axis of rotation (Picture 1 and Fig. 1); a second moveable member (the linear moveable member corresponding to V2 in Picture 1 and Fig. 1, [0054]) that is connected to the functional unit (the unit corresponding to 14 and/or 18 in Fig. 1), fixed against rotation about the axis of rotation (Picture 1 and Fig. 1, [0054]), and moveable along the axis of rotation (Picture 1 and Fig. 1, [0054]); and a spacing member (the member corresponding to S1 in Picture 1) engaged with the first moveable member (the rotation member corresponding to V1, which is rotated by the motor of 12 and connected to S1 in Picture 1 and Fig. 1) and the second moveable member (the linear moveable member corresponding to V2 in Picture 1 and Fig. 1, [0054]) t. Honda does not teach that the spacing member is engaged with the first moveable member at a first point and the second moveable member at a second point, and configured to maintain a constant spacing between the first point of the first moveable member and the second point of the second moveable member. Chin teaches that a linear drive (Fig. 2B and Fig. 7, Abs, Pages 100-106; the handed shearing auxetics (HSA) cylinders directly couple twists into the linear extension of a continuous medium. This allows torques from a standard electric motor to be translated directly into linear extensions) comprises a first moveable member (the rotatable member corresponding to M1 in Picture 2, Fig. 2B, Fig. 7), a second moveable member (the movable member corresponding to M2 in Picture 2, Fig. 2B, Fig. 7) and a spacing member (the member corresponding to L1 in Picture 2, Fig. 2B, Fig. 7); the spacing member (the member corresponding to L1 in Picture 2, Fig. 2B, Fig. 7) is engaged with the first moveable member (the rotatable member corresponding to M1 in Picture 2, Fig. 2B, Fig. 7) at a first point (the point connecting L1 and M1 in Picture 2) and the second moveable member (the movable member corresponding to M2 in Picture 2, Fig. 2B, Fig. 7) at a second point (the point connecting L1 and M2 in Picture 2), and configured to maintain a constant spacing (Picture 2, Fig. 2B, Fig. 7) between the first point of the first moveable member and the second point of the second moveable member (Picture 2, Fig. 2B, Fig. 7). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Chin for the system of Honda such that in the system of Honda, the linear drive comprising: a first moveable member that is rotatable about an axis of rotation and fixed with respect to linear movement along the axis of rotation; a second moveable member that is connected to the functional unit, fixed against rotation about the axis of rotation, and moveable along the axis of rotation; and a spacing member engaged with the first moveable member at a first point and the second moveable member at a second point, and configured to maintain a constant spacing between the first point of the first moveable member and the second point of the second moveable member. The motivation is to provide a new class of electric motor-driven linear actuators with a significantly smaller and more energy-efficient package (Chin, Abs). PNG media_image1.png 571 388 media_image1.png Greyscale Picture 1, from Fig. 1 of Honda (US 2018/0275385) PNG media_image2.png 447 450 media_image2.png Greyscale Picture 2, from Fig. 2B and Fig. 7 of CHIN, LILLIAN et al , "Compliant Electric Actuators Based on Handed Shearing Auxetics", 2018 IEEE International Conference on Soft Robotics (RoboSoft), April 24, 2018, pp 100-107, XP033371412, IEEE, Piscataway, NJ, USA (Cited in the IDS submitted 07/09/2024) Regarding claims 2-3, 13-15, Honda also teaches the following elements: (Claim 2) a rotary drive (the drive of the electric motor 12 in Fig. 1) configured to rotate the first moveable member (the rotation member corresponding to V1, which is rotated by the motor of 12 and connected to S1 in Picture 1 and Fig. 1). (Claim 3) a controller (the microscope motion controller 8 in Fig. 1) for controlling the rotary drive (the drive of the electric motor 12 in Fig. 1) configured to receive a user input ([0017], the inherent user input when the lens of the microscope lens 18 does not have internal focusing, the optics carrier 14 must be moved in the direction x for adjusting the focus of the lens 18. This movement is controlled by the motion controller 8) corresponding to a distance ([0017, the distance that the optics carrier 14 must be moved in the direction x for adjusting the focus of the lens 18), and to control the rotary drive (the drive of the electric motor 12 in Fig. 1) to rotate the first moveable member (the rotation member corresponding to V1, which is rotated by the motor of 12 and connected to S1 in Picture 1 and Fig. 1) such that the second moveable member (the linear moveable member corresponding to V2 in Picture 1 and Fig. 1, [0054]) is moved the distance ([0017, the distance that the optics carrier 14 must be moved in the direction x for adjusting the focus of the lens 18) corresponding to the user input ([0017], the inherent user input when the lens of the microscope lens 18 does not have internal focusing, the optics carrier 14 must be moved in the direction x for adjusting the focus of the lens 18. This movement is controlled by the motion controller 8). (Claim 13) the second moveable member (the linear moveable member corresponding to V2 in Picture 1 and Fig. 1, [0054]) comprises an arm (the horizontal portions of V2 in Picture 1) arranged perpendicular to the axis of rotation (A1 in Picture 1 and Fig. 1), and the functional unit (the unit corresponding to 14 and/or 18 in Fig. 1) is connected to the arm (the horizontal portions of V2 in Picture 1) such that the functional unit (the unit corresponding to 14 and/or 18 in Fig. 1) is mounted to the linear drive (the linear drive corresponding to 10 in Fig. 1) laterally offset to the axis of rotation (Fig. 1) (Claim 14) A microscope (Fig. 1, Abs, [0001-0063]) comprising the functional unit (the unit corresponding to 14 and/or 18 in Fig. 1) and the linear drive (the linear drive corresponding to 10 in Fig. 1), wherein the linear drive (the linear drive corresponding to 10 in Fig. 1) is configured to move the functional unit (the unit corresponding to 14 and/or 18 in Fig. 1). (Claim 15) the functional unit (the unit corresponding to 14 and/or 18 in Fig. 1) is a microscope stage configured to receive a sample or a nosepiece (Fig. 1, Abs, [0003, 0017]) of the microscope comprising at least one microscope objective (Fig. 1, Abs, [0003, 0017]). Regarding claims 4-6 and 8, Chin teaches the following elements (Fig. 2B, Fig. 3-4 and Fig. 7, Abs, Pages 100-106): (Claim 4) a transmission (the gear transmission corresponding to T1 in Picture 2) arranged between the rotary drive (the drive corresponding to servo in Picture 2) and the first moveable member (the rotatable member corresponding to M1 in Picture 2, Fig. 2B, Fig. 7), wherein the transmission is a belt transmission and/or a gear transmission (Picture 2). (Claim 5) a biasing member (the member corresponding to the second HAS cylinder in Fig. 3 and Fig. 4) configured to bias the second moveable member (the movable member corresponding to M2 in Picture 2, Fig. 2B, Fig. 7) towards the first moveable member (the rotatable member corresponding to M1 in Picture 2, Fig. 2B, Fig. 7). (Claim 6) at least a second spacing member (the member corresponding to L2 in Picture 2) engaged with the first moveable member (the rotatable member corresponding to M1 in Picture 2, Fig. 2B, Fig. 7) at a third point (the point connecting L2 and M1 in Picture 2) and the second moveable member (the movable member corresponding to M2 in Picture 2, Fig. 2B, Fig. 7) at a fourth point (the point connecting L2 and M2 in Picture 2), and configured to maintain a constant spacing (Fig. 2B) between the third point (the point connecting L2 and M1 in Picture 2) of the first moveable member (the movable member corresponding to M1 in Picture 2, Fig. 2B, Fig. 7) and the fourth point (the point connecting L2 and M2 in Picture 2) of the second moveable member (the movable member corresponding to M2 in Picture 2, Fig. 2B, Fig. 7). (Claim 8) the first moveable member (the rotatable member corresponding to M1 in Picture 2, Fig. 2B, Fig. 7) comprises a first engagement member (the lower portion of M1 connecting L1 in Picture 2) arranged at the first point (the point connecting L1 and M1 in Picture 2), the second moveable member (the movable member corresponding to M2 in Picture 2, Fig. 2B, Fig. 7) comprises a second engagement member (the upper portion of M2 connecting L1 in Picture 2) arranged at the second point (the point connecting L1 and M2 in Picture 2), and the spacing member (the member corresponding to L1 in Picture 2, Fig. 2B, Fig. 7) comprises a first end member (the upper portion of L1 in Picture 2) engaged with the first engagement member (the lower portion of M1 connecting L1 in Picture 2) and a second end member (the lower portion of L1 in Picture 2) engaged with the second engagement member (the upper portion of M2 connecting L1 in Picture 2). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Chin for the system of Honda in view of Chin such that in the system of Honda in view of Chin, (Claim 4) a transmission arranged between the rotary drive and the first moveable member, wherein the transmission is a belt transmission and/or a gear transmission. (Claim 5) a biasing member configured to bias the second moveable member towards the first moveable member. (Claim 6) at least a second spacing member engaged with the first moveable member at a third point and the second moveable member at a fourth point, and configured to maintain a constant spacing between the third point of the first moveable member and the fourth point of the second moveable member. (Claim 8) the first moveable member comprises a first engagement member arranged at the first point, the second moveable member comprises a second engagement member arranged at the second point, and the spacing member comprises a first end member engaged with the first engagement member and a second end member engaged with the second engagement member. The motivation is to provide a new class of electric motor-driven linear actuators with a significantly smaller and more energy-efficient package (Chin, Abs). Claim 7 rejected under 35 U.S.C. 103 as being unpatentable over Honda in view of Chin as applied to claim 1 above, and further in view of Hirata (US 2004/0042890) Regarding claim 6, Honda teaches that at least one linear guide (B1 in Fig. 1), and the second moveable member (the linear moveable member corresponding to V2 in Picture 1 and Fig. 1, [0054]) parallel to the axis of rotation is capable to move vertically (Fig. 1). Honda does not explicitly point out the following elements. Hirata teaches the following elements (Fig. 1-2, Abs, [0010, 0029-0035]): (Claim 7) at least one linear guide (8 in Fig. 1-2, [0032-0033]) configured to guide a second moveable member (7 in Fig. 1) capable to move vertically (Fig. 1-2). Before the effective filling date of the claimed invention, it would have been obvious to the artisan of ordinary skill to employ the above elements as taught by Hirata for the system of Honda in view of Chin such that in the system of Honda in view of Chin, (Claim 7) the at least one linear guide configured to guide the second moveable member parallel to the axis of rotation. The motivation is to ensure the only movement in the vertical direction (Hirata, [0010, 0032]). Allowable Subject Matter Claims 9-12 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: None of the prior art of record discloses or suggests all the combination of a linear drive as set forth in claims 9-12. Regarding claims 9-10, none of the prior art discloses or suggests a linear drive recited in claim 8, wherein “the spacing member is rod-shaped, the first end member comprises a first hemispherical end, and the second end member comprises a second hemispherical end; and wherein the first engagement member and the second engagement member each comprise a recess” in combination with the other required elements of the claim. Regarding claim 11, none of the prior art discloses or suggests a linear drive recited in claim 8, wherein “the spacing member is rod-shaped, the first end member comprises a first hemispheric recess, and the second end member comprises a second hemispheric recess; and wherein the first engagement member comprises a first hemispheric protrusion, and the second engagement member comprises a second hemispheric protrusion” in combination with the other required elements of the claim. Regarding claim 12, none of the prior art discloses or suggests a linear drive recited in claim 8, wherein “the first end member and the second end member of the spacing member comprise one of the following materials: brass, ceramic, glass, or steel; wherein at least the first engagement member of the first moveable member comprises one of the following materials: brass, ceramic, glass, or steel; and wherein at least the second engagement member of the second moveable member comprises one of the following materials: brass, ceramic, glass, or steel” in combination with the other required elements of the claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAN LIU whose telephone number is (571)270-0383. The examiner can normally be reached on 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, Jennifer Carruth can be reached on 571-272-9791. 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 the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Shan Liu/ Primary Examiner, Art Unit 2871
Read full office action

Prosecution Timeline

Apr 24, 2024
Application Filed
Apr 22, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12638671
COLOR WHEEL UNIT, LIGHT SOURCE DEVICE, AND PROJECTION DISPLAY APPARATUS
3y 8m to grant Granted May 26, 2026
Patent 12631792
ANTI-GLARE LAYER AND DISPLAY DEVICE HAVING THE SAME
2y 7m to grant Granted May 19, 2026
Patent 12625367
AIR FLOATING VIDEO DISPLAY APPARATUS AND LIGHT SOURCE
2y 10m to grant Granted May 12, 2026
Patent 12619050
CAMERA MODULE
3y 2m to grant Granted May 05, 2026
Patent 12613425
Optical Apparatus, Module and Device
2y 12m to grant Granted Apr 28, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+39.7%)
2y 1m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 614 resolved cases by this examiner. Grant probability derived from career allowance 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