Prosecution Insights
Last updated: April 19, 2026
Application No. 18/659,177

TRANSMISSION APPARATUS AND PHASE SHIFTING ASSEMBLY

Final Rejection §102§103
Filed
May 09, 2024
Examiner
BROWN, JOSEPH HENRY
Art Unit
3618
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Prose Technologies LLC
OA Round
2 (Final)
60%
Grant Probability
Moderate
3-4
OA Rounds
2y 10m
To Grant
98%
With Interview

Examiner Intelligence

Grants 60% of resolved cases
60%
Career Allow Rate
271 granted / 453 resolved
+7.8% vs TC avg
Strong +38% interview lift
Without
With
+38.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
42 currently pending
Career history
495
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
23.9%
-16.1% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 453 resolved cases

Office Action

§102 §103
DETAILED CORRESPONDENCE 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 . Response to Amendment The amendment filed 02/03/2026 has been entered. Claims 1-14 and 16-21 remain pending in the application. Applicant’s amendments to the specification and claims have overcome each and every objection and 112(b) rejection previously set forth in the Non-Final Office Action mailed 12/17/2025. 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. (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) 1-11, 14, 16 and 21 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Magaribuchi (US 20010029796 A1). Regarding claim 1, Magaribuchi discloses a transmission apparatus (see Fig. 1-2) comprising: a gear (15), including a gear member (23a), a first stopper (25a) and a pivot shaft (shaft of 15), the first stopper being an extension of the gear member (see Fig. 1, wherein 25a is an extension of 23a) extending outward from at least one end of the gear member along a longitudinal axis of the gear (see Fig. 2, wherein 25a extends from the back side of 23a in the figure toward the front side of 23a in the figure, i.e., along the longitudinal axis of 15); a rack (20), meshing with the gear in an assembly state (state shown in Fig. 1) and including a second stopper (21a) corresponding to the first stopper (see Fig. 2); and a fixture mechanism (10), including a gear fixing hole (hole in which 15 is provided) and a guidance groove (11), wherein: the gear is configured to rotate relative to the fixture mechanism via the pivot shaft (see Fig. 1, wherein 15 rotates relative to 11 via the shaft of 15); the pivot shaft passes through the gear fixing hole (see Fig. 1, wherein the shaft of 15 passes through the hole in which 15 is provided); and the rack is configured to translate relative to the fixture mechanism through the guidance groove (see Fig. 1). Regarding claim 2, Magaribuchi in the assembly state (state shown in Fig. 1), a first distance (see annotated Fig. 2 below, distance from A to B) from a longitudinal center axis of the pivot shaft to a rack plane of the rack is fixed; when the first stopper contacts the second stopper at a contacting part (contacting part between 25a and 21a), a sum of a distance from a contacting point (see annotated Fig. 2 below, C) of the contacting part to the longitudinal center axis of the pivot shaft (distance between the center axis of the shaft of 15 and C) and a distance from the contacting point to the rack plane (distance from the left side contact point of 25a and 21a to B) is greater than the first distance (see annotated Fig. 2 below, wherein the distance from the center axis of the shaft of 15 to C plus the distance between C and B is greater than the distance of A to B). Regarding claim 3, Magaribuchi discloses the pivot shaft (shaft of 15) and the gear member of the gear (23a) are separated (see Fig. 1). Regarding claim 4, Magaribuchi discloses the gear (15) includes a third stopper (25b) at another end opposite to an end where the first stopper (25a) is located; and the rack (20) includes a fourth stopper (21b) corresponding to the third stopper (see Fig. 2). Regarding claim 5, Magaribuchi discloses the first stopper (25a) and the third stopper (25b) are symmetrical about a plane (see annotated Fig. 2, plane A) perpendicular to the longitudinal axis of the gear (longitudinal axis of 15). Regarding claim 6, Magaribuchi discloses the second stopper (21a) and the fourth stopper (21b) are symmetrical (see Fig. 2). Regarding claim 7, Magaribuchi discloses the second stopper (21a) is configured as a protrusion above a rack plane (see annotated Fig. 2 below, plane B). Regarding claim 8, Magaribuchi discloses the second stopper (21a) is configured as a planar part in a rack plane (see annotated Fig. 2 below, plane B). Regarding claim 9, Magaribuchi discloses the first stopper is configured as two protrusions (25a, 25b) mirror-symmetrical about the pivot shaft (shaft of 15). Regarding claim 10, Magaribuchi discloses the gear (15) includes a positioning member (see annotated Fig. 2 below, 23a on both sides of A) between the two protrusions (25a, 25b); and the rack (20) includes a positioning groove corresponding to the positioning member (grooves of 20 which correspond to 23a on both sides of A). Regarding claim 11, Magaribuchi discloses the rack (20) includes an avoidance groove (groove between 20a). Regarding claim 14, Magaribuchi discloses the first stopper (25a) includes a first stress surface (leftmost surface of 25a), and the second stopper (21a) includes a second stress surface (surface of 21a which contacts the leftmost surface of 25a); and when the first stopper in in surface contact with the second stopper, the first stress surface is parallel to the second stress surface (see Fig. 2). Regarding claim 16, Magaribuchi discloses in response to the first stopper contacting the second stopper, the first stress surface (leftmost surface of 25a) is configured to be parallel to a plane where an index line of the rack is (see annotated Fig. 2 below, index line B). Regarding claim 21, Magaribuchi discloses the rack (20) includes a tooth portion (20a) that meshes with the gear member (23a) in the assembly state (see Fig. 2); and the second stopper (21a) is arranged along at least one edge of the tooth portion and at an outside of the at least one edge (see Fig. 2; wherein 21a is arranged along the left edge of 20a and at an outside, i.e., left side in the figure, of the left edge of 20a). 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 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Magaribuchi (US 20010029796 A1) in view of Everest (WO 2021046149 A1). Regarding claim 12, Magaribuchi fails to disclose in the longitudinal axis of the gear, a length of the gear member of the gear is equal to a length of a rack member of the rack. However, Everest teaches in the longitudinal axis of the gear (see Fig. 4 and 9, longitudinal axis of 514), a length of the gear member of the gear (teeth of 514) is equal to a length of a rack member of the rack (512). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Magaribuchi with a length of the gear member being equal to the length of the rack member, as taught by Everest, to allow for 100% contact between the teeth for optimal transmission, while also reducing the weight of the rack and/or pinion to allow for lower power consumption and lower production costs. Regarding claim 13, Magaribuchi fails to disclose a drive apparatus configured to drive the gear to rotate and to drive, through the gear, the rack to move in a straight line. However, Everest teaches a drive apparatus (see Fig. 4, 520) configured to drive the gear (514) to rotate and to drive, through the gear, the rack (512) to move in a straight line (see Fig. 8-9). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Magaribuchi with a drive apparatus, as taught by Everest, to provide electrically controlled actuation to the pinion to control the axial displacement of the rack. Claim 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Everest (WO 2021046149 A1) in view of Magaribuchi (US 20010029796 A1). Regarding claim 17, Everest discloses a phase-shifting assembly (see Fig. 5) comprising: a phase shifter (150); and a transmission apparatus (see Fig. 4, 300), wherein the rack is mechanically connected to a dielectric plate of the phase shifter (see paragraph [0045], wherein other types of phase shifters may be used instead of rotating wiper phase shifters such as, for example, trombone phase shifters, sliding dielectric phase shifters and the like), and the transmission apparatus comprises: a gear (514), a pivot shaft (518), a gear member (tooth of 514) extending along a longitudinal axis of the gear (see Fig. 4); a rack (512), meshing with the gear in an assembly state; and a fixture mechanism (310), including a gear fixing hole (hole in 310 which 518 passes) and a guidance groove (see Fig. 7, groove in which 502 slides), wherein: the gear is configured to rotate relative to the fixture mechanism via the pivot shaft (see Fig. 4); the pivot shaft passes through the gear fixing hole (see Fig. 4); and the rack is configured to translate relative to the fixture mechanism through the guidance groove (see Fig. 8-9). Everest fails to disclose the gear including a gear member, a first stopper; the first stopper being an extension of the gear member extending outward from at least one end of the gear member along a longitudinal axis of the gear; and the rack including a second stopper corresponding to the first stopper. However, Magaribuchi teaches the gear (see Fig. 1; 15) including a gear member (23a), a first stopper (25a); the first stopper being an extension of the gear member (see Fig. 1, wherein 25a is an extension of 23a) extending outward from at least one end of the gear member along a longitudinal axis of the gear (see Fig. 2, wherein 25a extends from the back side of 23a in the figure toward the front side of 23a in the figure, i.e., along the longitudinal axis of 15); and the rack (20) including a second stopper (21a) corresponding to the first stopper (see Fig. 2). It would have been obvious to one having ordinary skill in the art as of the effective filing date to modify Everest with the stoppers, as taught by Magaribuchi, to limit the rotation of the pinion and the displacement of the rack; and to absorbs a backlash in an engaging portion between a rack and a pinion so as to remove a play in a rotational direction of the pinion (see paragraph [0001]). Regarding claim 18, the combination of claim 17 elsewhere above would necessarily result in the following limitations: in the assembly state (Magaribuchi; state shown in Fig. 1), a first distance (Magaribuchi; see annotated Fig. 2 below, distance from A to B) from a longitudinal center axis of the pivot shaft to a rack plane of the rack is fixed; when the first stopper contacts the second stopper at a contacting part (Magaribuchi; contacting part between 25a and 21a), a sum of a distance from a contacting point (Magaribuchi; see annotated Fig. 2 below, C) of the contacting part to the longitudinal center axis of the pivot shaft (Magaribuchi; distance between the center axis of the shaft of 15 and C) and a distance from the contacting point to the rack plane (Magaribuchi; distance from the left side contact point of 25a and 21a to B) is greater than the first distance (Magaribuchi; see annotated Fig. 2 below, wherein the distance from the center axis of the shaft of 15 to C plus the distance between C and B is greater than the distance of A to B). Regarding claim 19, the combination of claim 17 elsewhere above would necessarily result in the following limitations: the pivot shaft (Magaribuchi, shaft of 15) and the gear member of the gear (Magaribuchi, 23a) are separated (Magaribuchi, see Fig. 1). Regarding claim 20, the combination of claim 17 elsewhere above would necessarily result in the following limitations: the gear (Magaribuchi, 15) includes a third stopper (Magaribuchi, 25b) at another end opposite to the end where the first stopper (Magaribuchi, 25a) is arranged; and the rack (Magaribuchi, 20) includes a fourth stopper (Magaribuchi, 21b) corresponding to the third stopper (Magaribuchi, see Fig. 2). PNG media_image1.png 232 586 media_image1.png Greyscale 1 - Magaribuchi (US 20010029796 A1) Fig. 2 Annotated Response to Arguments Applicant's arguments filed 02/03/2026 have been fully considered but they are not persuasive. Regarding Applicant’s argument that Magaribuchi fails to disclose “a gear, including a gear member, a first stopper and a pivot shaft, the first topper being an extension of the gear member extending outward from at least one end of the gear member along a longitudinal axis of the gear”, the Examiner respectfully disagrees. Fig. 1-2 of Magaribuchi discloses a gear (15) including a gear member (23a) and a first stopper (21a). The gear and the gear member have a front end, which faces out of the figure, and an opposite rear end. The gear member and the first stopper are connected, and therefore the first stopper is considered an extension of the gear member. Additionally, the first stopper extends from the back end of the gear member to the front end of the gear member, which is along the axial direction of the gear. Therefore, Magaribuchi discloses “a gear, including a gear member, a first stopper and a pivot shaft, the first topper being an extension of the gear member extending outward from at least one end of the gear member along a longitudinal axis of the gear”. 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 JOSEPH BROWN whose telephone number is (313)446-6568. The examiner can normally be reached Mon-Thurs: 8:00am - 5:00pm EST. 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, Minnah Seoh can be reached at 571-357-2384. 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. /JOSEPH BROWN/Primary Examiner, Art Unit 3618
Read full office action

Prosecution Timeline

May 09, 2024
Application Filed
Dec 12, 2025
Non-Final Rejection — §102, §103
Feb 03, 2026
Response Filed
Mar 11, 2026
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

3-4
Expected OA Rounds
60%
Grant Probability
98%
With Interview (+38.3%)
2y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 453 resolved cases by this examiner. Grant probability derived from career allow rate.

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