Prosecution Insights
Last updated: April 19, 2026
Application No. 18/644,933

NC PROGRAM CREATION

Non-Final OA §102§112
Filed
Apr 24, 2024
Examiner
PAUL, ANTONY M
Art Unit
2846
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Dmg Mori Co. Ltd.
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
560 granted / 627 resolved
+21.3% vs TC avg
Moderate +10% lift
Without
With
+9.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
27 currently pending
Career history
654
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
33.7%
-6.3% vs TC avg
§102
44.4%
+4.4% vs TC avg
§112
17.9%
-22.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 627 resolved cases

Office Action

§102 §112
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 . Claim Rejections – 35 USC § 112 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. Claim 2 is 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. As to claim 2, the phrase, “The method according to claim 1, comprising: a fourth step of setting a tool feed rate; and a fifth step of, after the fourth step, displaying a recommended condition or a set value on display of a workpiece rotational speed and the tool feed rate” is unclear as to the display of a workpiece rotational speed and the tool feed rate? Appropriate correction and clarification requested. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1 and 2 are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Sagasaki et al. (Pub. No.: US 2021/0382455 A1 and Sagasaki hereinafter.) As to claim 1, A method of creating an NC program for threading, comprising: a first step of setting a position in the NC program at which a G code or an M code is to be inserted; a second step of making a setting for applying a vibration component in a thread radial direction to a tool movement path; and a third step of, based on an instruction for reflecting the setting made in the second step in the NC program, inserting at the position in the NC program the G code or the M code for applying the vibration component in the thread radial direction, thereby creating the NC program for threading. (Sagasaki teaches using (figs.1-16, para’s [0001], [0002], [0007], [0039]) a method of creating an NC program [810A, 810B, 811B]/[812A, 812B, 813A, 813B]/[814A, 814B, 815A] (figs.3/5/7/10/13) for thread cutting (see para. [0194]), comprising: a first step of setting a position in the NC program [810A, 810B, 811B] (program step, see fig.3, para’s [0045], [0046], [0047], [0053], [0091], [0092], [0093], [0094] & [0095]) at which a G code [G0 X10. Z50.] or an M code [M3 S1=3000] is to be inserted; a second step of making a setting (control unit 2x/2P have data setting 33 input vibration data, machine programming data 343, see fig.1/15, para’s [0037] thru [0041], [0045], [0063]-[0064]), wherein a vibration command G165, see program step, fig.3, para. [0092]) for applying a vibration to a vibrating tool [66A/66B] (see figs.2,12) in a thread cutting radial direction [Z direction] (see fig.2, para’s [0084]-[0086]) to a tool [66A/66B] movement path (via a workpiece 70 of a machine tool 110, see figs.2, 12, para’s [0093], [0094], [0095]-[0097]); and a third step of, based on an instruction [command] (using NC program [810A, 810B, 811B], see program step, fig.3, via numerical control device 1X/1P (fig.1/15) for controlling the machine tool 110/111, see figs.2, 3, 4, 12, para. [0091]-[0099]) for reflecting the setting made (via said data setting 33, figs.1/15, said vibration command G165, see fig.3, para. [0092]) in the second step in the NC program [810A, 810B, 811B], inserting at the position in the NC program [810A/810B/811B] (fig.3) the G code [G0 X10. Z50.] or the M code [M3 S1=3000] for applying the vibration component [vibrating tool 66A/66B] (see fig.2, para’s [0093], [0094], [0095]-[0097]) in the thread cutting radial direction [Z direction] (fig.2), thereby creating the NC program [810A, 810B, 811B] for thread cutting (via figs.1/15, para. [0194]). As to claim 2, The method according to claim 1, comprising: a fourth step of setting a tool feed rate; and a fifth step of, after the fourth step, displaying a recommended condition or a set value on display of a workpiece rotational speed and the tool feed rate. (Sagasaki teaches using (figs.1-16, para’s [0001], [0002], [0007], [0039]) the method according to claim 1, comprising: a fourth step of setting (via control unit 2X/2P of numerical control device 1X/1P, figs.1/15) a tool feed rate (see tool feed movement represented by a speed for tool 66A/66B, see para.[0047], figs.1-2, 4, 8, 11-12); and a fifth step of, after the fourth step, displaying a recommended condition [Vibration condition] (see method steps, fig.16/11) or a set value [vibration condition score value] on display 4 (see para’s [0201], [0207], via control unit 2P, see fig.15) of a workpiece 70 rotational speed (fig.2, para’s [0034]-[0035] and the tool feed rate such as the speed of the tool 66A/66B (para. [0047]) are data provided (via data storage 34) to a display 4 (via control unit 2X/2P, fig.1/15, para’s [0037], [0038], [0039]-[0041]). Allowable Subject-Matter Claims 3-4 are allowed. The following is a statement of reasons for the indication of allowable subject matter: As to claim 3, the prior art of record(s) (closest prior art, Sagasaki et al., Pub. No.: US 2021/0382455 A1) teaches an NC program [810A-810B, 811B] (fig.3, para’s [0091] thru [0098]) creation apparatus [numerical control device 1X/1P] (figs.1-16, para’s [0001]-[0002]) to be used in a machine tool [110/111] (figs.2, 12), the machine tool [110/111] including: a tool holding unit 65A/65B holding a tool 66A/66B; a workpiece holding unit [spindle 75] (fig.2, para. [0083]) holding a workpiece 70; a rotation drive unit [spindle motor 911] (fig.1) rotating the workpiece holding unit [spindle 75] about an axis ([z axis], fig.2); a feed drive unit [92] (fig.1) moving the workpiece holding unit 75 and the tool holding unit 65A/65B (fig.2) relative to each other in a direction along the axis [Z axis] (fig.2) and a direction [X1/X2 axis] perpendicular to the axis [Z axis]; and a numerical control unit [2X/2P] controlling the rotation drive unit [spindle motor 911] and the feed drive unit [90] (fig.1/15, para’s [0030] thru [0034]) in accordance with an NC program 810A-810B (fig.3/5/7/10), the NC program creation apparatus [numerical control device 1X/1P] (fig.1/15) comprising: a display unit 4 configured to display a screen thereon (para’s [0040]-[0041]); a display control unit 35 configured to control display of the screen on the display unit 4; a program creation unit 81P configured to create an NC program [810A-810B, 811B] (fig.3) based on the data input from the data input unit [3, 32-33] (fig.1), wherein: the program creation unit 81P (fig.3) is configured to create an NC program [810A-810B, 811B] including an NC code (G code/M code, see fig.3, para’s [0091] thru [0097]) for executing a vibration cutting operation of vibrating the tool 66A/66B (fig.2, para’s [0082] thru [0089]) forward [+Z1 direction] and backward [+Z2 direction] (see fig.2, para [0074]) at a predetermined frequency (para. [0026], [0027], [0054], [0058], [0069]) in a direction [z axis] perpendicular to the axis [x axis] during a cutting operation of moving the tool 66A/66B (fig.2) in a direction parallel to the axis [Z axis] with respect to the workpiece 70 (see fig.2); and the program creation unit 81P (fig.3) is configured to create an NC program [810A-810B, 811B] including an NC code (G code/M code, see fig.3, para’s [0091] thru [0097]) for executing a vibration cutting operation (via numerical control device 1X/1P, fig.1/15) corresponding to the selection information input from the data input unit [3, 32-33] (fig.1). However, Sagasaki, fails to teach a data input unit configured to accept input of data through the screen displayed on the display unit; the display control unit is configured to display on the display unit a selection screen for selecting one operation mode from a plurality of operation modes previously set for the vibration cutting operation; the data input unit is configured to accept selection information about the operation mode selected on the selection screen displayed on the display unit; Allowable claim 4 depend on allowable claim 3. Citation of pertinent prior art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Sannomiya et al. (US 10,589,367 B2) teaches (figs.1-5, abstract) machine tool and control device of the machine tool. Matsuzawa et al. (Pub. No.: US 2022/0004158 A1) teaches (figs.1-22, abstract) a method for editing a machine program for a machine tool. Nakaya et al. (Pub.No.: US 2018/0257192 A1) teaches (figs.1-7, abstract) machine tool control device a control apparatus for machine tool. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTONY M PAUL whose telephone number is (571)270-1608. The examiner can normally be reached M-F 8 am to 4 pm. 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, Mr. Eduardo Colon Santana can be reached at 571-272-2060. 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. /ANTONY M PAUL/ Primary Examiner of Art Unit 2846
Read full office action

Prosecution Timeline

Apr 24, 2024
Application Filed
Jan 27, 2026
Non-Final Rejection — §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12580464
DYNAMIC POLE CONFIGURATION CONTROL
2y 5m to grant Granted Mar 17, 2026
Patent 12556121
DEVICE FOR CONTROLLING MOTOR FOR VEHICLE
2y 5m to grant Granted Feb 17, 2026
Patent 12542439
Switched Reconfigurable Multi-Converter Multi-Source Energy Storage System Configuration for Electrified Vehicles and Power Flow Control Scheme Thereof
2y 5m to grant Granted Feb 03, 2026
Patent 12539777
ELECTRIC DRIVE SYSTEM, POWERTRAIN, HEATING METHOD, AND ELECTRIC VEHICLE
2y 5m to grant Granted Feb 03, 2026
Patent 12537425
DRIVE DEVICE FOR ROTATING ELECTRIC MACHINE AND DRIVE METHOD FOR ROTATING ELECTRIC MACHINE
2y 5m to grant Granted Jan 27, 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
89%
Grant Probability
99%
With Interview (+9.7%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 627 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