Prosecution Insights
Last updated: July 17, 2026
Application No. 18/824,853

POSITIONING APPARATUS

Non-Final OA §112
Filed
Sep 04, 2024
Priority
Sep 06, 2023 — JP 2023-144220
Examiner
FRAZIER, BRADY W
Art Unit
Tech Center
Assignee
Seiko Epson Corporation
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
422 granted / 539 resolved
+18.3% vs TC avg
Strong +27% interview lift
Without
With
+27.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
16 currently pending
Career history
557
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
64.4%
+24.4% vs TC avg
§102
4.3%
-35.7% vs TC avg
§112
26.7%
-13.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 539 resolved cases

Office Action

§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. Claims 1-10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Claim 1 recites “a positioning unit configured to receive a satellite signal transmitted from each of a plurality of satellites, decode positioning data included in the satellite signal” which is indefinite, because if the positioning unit is receiving a plurality of satellite signals, it is unclear which of the plurality of signals is being referred to in the recitation of “included in the satellite signal.” Dependent claims 2-10 fail to cure the deficiency. Claim 1 recites “the positioning data being predetermined data required for calculation” which is indefinite, because it is unclear 1) who or what is determining, or predetermining, the data, and 2) why the positioning data must be received and decoded if it has already been predetermined. In other words, is the positioning data predetermined by the positioning unit, by the respective satellite, or by some other unclaimed element? Dependent claims 2-10 fail to cure the deficiency. Claim 1 recites “the positioning data being predetermined data required for calculation of…a distance from the satellite” which is indefinite, because it is unclear what distance is being calculated here, i.e., from the satellite to what? In other words, is it the distance between the satellite and the positioning unit, or something else? Dependent claims 2-10 fail to cure the deficiency. Allowable Subject Matter Claims 1-10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Specifically, Shingyo (US 2017/0090035 A1) discloses a positioning apparatus (abstract) comprising: a positioning unit (16; fig. 2) configured to receive a satellite signal transmitted from each of a plurality of satellites (para. [0028]), decode positioning data included in the satellite signal (para. [0069]), and perform positioning based on the positioning data decoded (para. [0028]), the positioning data being predetermined data required for calculation of a position of the satellite and a distance from the satellite (para. [0028]). However, the prior art does not appear to teach the combined limitations of the claimed invention, specifically, a control unit configured to control the positioning unit regarding whether the positioning is continued or stopped, based on a decode completion rate of the positioning data by the positioning unit. Conclusion The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1. Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRADY W FRAZIER whose telephone number is (469)295-9263. The examiner can normally be reached Monday-Friday 9:00am-5:00pm CT. 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, Vladimir Magloire can be reached at 571-270-5144. 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. /BRADY W FRAZIER/Primary Examiner, Art Unit 3648
Read full office action

Prosecution Timeline

Sep 04, 2024
Application Filed
Jul 09, 2026
Non-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

1-2
Expected OA Rounds
78%
Grant Probability
99%
With Interview (+27.4%)
2y 6m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 539 resolved cases by this examiner. Grant probability derived from career allowance rate.

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