Prosecution Insights
Last updated: April 19, 2026
Application No. 18/834,404

DEVICE AND METHOD

Non-Final OA §102§103§112
Filed
Jul 30, 2024
Examiner
KAISER, SYED M
Art Unit
2831
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Bryant Medical Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
To Grant
92%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
585 granted / 678 resolved
+18.3% vs TC avg
Moderate +6% lift
Without
With
+6.1%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
21 currently pending
Career history
699
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
43.5%
+3.5% vs TC avg
§102
31.5%
-8.5% vs TC avg
§112
14.5%
-25.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 678 resolved cases

Office Action

§102 §103 §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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 07/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claims 23 and 26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are: Claim 23 is a claim without a transitional phrase, therefore the whole claim can be considered a preamble since there is no distinction of where the body begins. Claim 26, depends on claim 23, is also rejected under 35 USC 112(b) . Appropriate correction is required. 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. Claims 1, 4-6, 10-11, 13-14, 20-21, 23, 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johnson et al. (Pub. No.: US 20140191664 A1), hereafter Johnson. Regarding claim 1, Johnson teaches a device (FIG. 3, master control systems 202) comprising a processor (FIG. 3, PROCESSOR 206), wherein the processor is configured to be connected with an electrical component (FIG. 3, LIGHT UNIT 218) and a proximity sensor (FIG. 3, INPUT DRVICES 216, and paragraph [0031], “The use of "user control" means an input device, sensor, or other system for allowing a user to control a component or system”, and paragraph [0029], “proximity sensors”), and wherein the processor is configured to control a setting of the electrical component in dependence on a sensor output corresponding to an activation intensity within an activation intensity range (paragraph [0085], “A first exemplary sensor comprises a proximity sensor which detects the presence of nearby objects without any physical contact …. a user holding his/her hand over the sensor and then moving his/her hand vertically away from the sensor could cause an increase the luminal intensity of the light element, whereas moving his/her hand vertically towards the sensor could cause a decrease in the luminal intensity of the light element”). Regarding claim 4, Johnson further teaches the processor is configured to control a setting of the electrical component in dependence on a duration of the sensor output (paragraph [0085], “a user swiping his/her hand over the sensor a first time could turn the light unit on, and a second time could turn the light unit off; a user holding his/her hand over the sensor for a predetermined period of time (e.g., three (3) seconds) could trigger the light unit to switch between light elements illuminated; and a user holding his/her hand over the sensor and then moving his/her hand vertically away from the sensor could cause an increase the luminal intensity of the light element, whereas moving his/her hand vertically towards the sensor could cause a decrease in the luminal intensity of the light element”). Regarding claim 5, Johnson teaches a device (FIG. 3, master control systems 202) comprising a processor (FIG. 3, PROCESSOR 206), wherein the processor is configured to be connected with an electrical component (FIG. 3, LIGHT UNIT 218) and a sensor (FIG. 3, INPUT DRVICES 216, and paragraph [0031], “The use of "user control" means an input device, sensor, or other system for allowing a user to control a component or system”), and and wherein the processor is configured to control a setting of the electrical component in dependence on a duration of a sensor output (paragraph [0085], “a user swiping his/her hand over the sensor a first time could turn the light unit on, and a second time could turn the light unit off; a user holding his/her hand over the sensor for a predetermined period of time (e.g., three (3) seconds) could trigger the light unit to switch between light elements illuminated; and a user holding his/her hand over the sensor and then moving his/her hand vertically away from the sensor could cause an increase the luminal intensity of the light element, whereas moving his/her hand vertically towards the sensor could cause a decrease in the luminal intensity of the light element”). Regarding claim 6, Johnson further teaches the processor is configured to control settings in dependence on a minimum time interval over which the sensor output is detected (paragraph [0085]). Regarding claim 10, Johnson further teaches the setting or settings comprise; on and off (paragraph [0085], “a user swiping his/her hand over the sensor a first time could turn the light unit on, and a second time could turn the light unit off”). Regarding claim 11, Johnson further teaches the setting or settings comprise brightness levels and/or colours of at least one light source (paragraph [0085], “a user holding his/her hand over the sensor and then moving his/her hand vertically away from the sensor could cause an increase the luminal intensity of the light element, whereas moving his/her hand vertically towards the sensor could cause a decrease in the luminal intensity of the light element”). Regarding claim 13, Johnson further teaches the processor is configured to act in dependence on differing sensor conditions (paragraph [0085]-[0091], shows different sensors actioning according sensors like proximity, capacitive , microphone, RFID, Infrared, accelerometer, gyroscopic). Regarding claim 14, Johnson further teaches the processor is configured to adjust the sensor condition in dependence on detection of a baseline sensor condition, preferably in dependence on ambient conditions, more preferably in dependence on ambient air conditions, and/or preferably wherein the ambient conditions comprise visible light levels and/or temperature (paragraph [0096], “a control sensor for operating the light unit (e.g., turning the light unit on and off, adjusting the brightness of the light emitted by the light unit)”). Regarding claim 20, Johnson further teaches the device is configured for clinical use and/or is formed of wipe-clean materials (paragraph [0002], “dental lighting instruments”). Regarding claim 21, Johnson further teaches comprising the electrical component, preferably wherein the electrical component is a lighting component, a heating component (FIG. 3, 218), a dental tool component (paragraph [0002], “dental lighting instruments”), an audio component, a camera component, a display component, a cooling component, a cleaning component and/or a curing tool component. Regarding claim 23, Johnson teaches method of controlling a setting of an electrical component (FIG. 3, 218) in dependence on a sensor output corresponding to an activation intensity within an activation intensity range (paragraph [0085], “A first exemplary sensor comprises a proximity sensor which detects the presence of nearby objects without any physical contact …. a user holding his/her hand over the sensor and then moving his/her hand vertically away from the sensor could cause an increase the luminal intensity of the light element, whereas moving his/her hand vertically towards the sensor could cause a decrease in the luminal intensity of the light element”). Regarding claim 26, Johnson teaches a non-transitory computer program product (FIG. 3, MAIN MEMORY 208) comprising computer implementable instructions for causing a programmable computer device to carry out the method of claim 23 (paragraph [0048], “main memory 208 may be used for storing temporary variables or other intermediate information during execution of instructions to be executed by processor 206”). 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. Claims 2 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Johnson as applied to claim 1 and 4 above, and further in view of Chen (Pub. No.: US 20150108904 A1). Regarding claim 2, Johnson teaches limitations of claim 1 but does not disclose said activation intensity range is a range either side of the activation intensity. Chen teaches said activation intensity range is a range either side of the activation intensity (FIG. 3B and paragraph [0064], “the microcontroller 12 receives a high voltage H or a low voltage L from the infrared ray sensor 11, wherein the time length Ts of the low voltage sensing signal is about the time length which the user's hand stays within the infrared ray detecting zone”). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Chen to incorporate activation intensity range for a time period to select desired performance function (Chen, paragraph [0063]). Regarding claim 7, Johnson teaches limitations of claim 4 but does not disclose the processor is configured to effect different actions in dependence on the duration over which the sensor output is detected. Chen teaches the processor is configured to effect different actions in dependence on the duration over which the sensor output is detected (paragraph [0069], “if the time length Ts of the low voltage sensing signal is shorter than the preset time To, the microcontroller 12 operates either in on/off switch mode or in color temperature tuning mode (or dimming control mode). If the detected time length Ts of the low voltage sensing signal is longer than n times the preset time To, the microcontroller 12 changes its program execution from the on/off switch mode into the color temperature tuning mode (or the dimming control mode) and vice versa”). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Chen to incorporate different actions in dependence on the duration over which the sensor output so that the microcontroller 12 changes the current function mode to another one function mode (Chen, paragraph [0069]). Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson as applied to claim 1 above, and further in view of Law (Pub. No.: EP 3133903 A2). Regarding claim 8, Johnson teaches limitations of claim 1 but does not disclose the processor is configured to cycle a step through a cycle of settings in dependence on the sensor output, preferably wherein, upon measurement of a or the activation intensity, the processor is configured to cycle a step through the cycle of settings. Law teaches the processor is configured to cycle a step through a cycle of settings in dependence on the sensor output, preferably wherein, upon measurement of a or the activation intensity, the processor is configured to cycle a step through the cycle of settings (paragraph [0029], “if the microprocessor detects that the button is pushed and immediately released, then it may be configured to cycle to the next lighting mode. The microprocessor may also be configured to cycle to the next lighting mode 904 upon detecting that a hand gesture has been performed 908. In some embodiments, the user may be able to suppress a button for a length of time. For example, if the microprocessor determines that the button has been suppressed for more than 5 seconds, then the microprocessor may be configured to turn the portable lighting device off. Additionally, the microprocessor may be configured to skip lighting modes upon detecting particular conditions”). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Law to incorporate the feature, the processor is configured to cycle a step through a cycle of settings in dependence on the sensor output to cycle through various lighting modes 9 in response to detecting one or more user interactions (Law, paragraph [0029]) Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson as applied to claim 15 above, and further in view of Lee et al. (Pub. No US 20180032815 A1), hereafter Lee. Regarding claim 16, Johnson teaches limitations of claim 1 but does not disclose the proximity sensor comprises an iris configured to attenuate radiation. Lee teaches the proximity sensor comprises an iris configured to attenuate radiation (paragraph [0122], “The iris authentication system 1 may detect the distance from the user by the proximity sensor and may normalize the brightness of the preview image by multiplying each pixel value of the preview image by the normalization variable corresponding to the sensed distance. The normalization variable may be experimentally determined to reduce the brightness variation according to the distance from the user”) It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Johnson in view of Law to incorporate iris as an electronic device that performs biometric authentication (e.g., an iris recognizer) may successively receive biometric data as (Lee, paragraph [0005]). Allowable Subject Matter Claims 3, 12, 15, 17 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: Regarding claim 3, prior arts whether stand alone or in combination fail to teach or reasonably suggest the device according to Claim 2, comprising “activation intensity range corresponds to an object being within a distance range of a particular activation position, preferably within ± 1 cm of said particular activation position, more preferably within ± 0.5 cm of said particular activation position”, as required in combination with the other limitations of the claim. Regarding claim 12, prior arts whether stand alone or in combination fail to teach or reasonably suggest the device according to Claim 1, comprising “wherein the settings further comprise temperature settings of a heating device, preferably setpoint temperatures of a heating device”, as required in combination with the other limitations of the claim. Regarding claim 15, prior arts whether stand alone or in combination fail to teach or reasonably suggest the device according to Claim 1, comprising “the sensor is a proximity sensor and further comprising the proximity sensor, preferably wherein the proximity sensor comprises a window, preferably wherein the window is semi-transparent”, as required in combination with the other limitations of the claim. Regarding claim 17, prior arts whether stand alone or in combination fail to teach or reasonably suggest the device according to Claim 1, comprising “wherein the electrical component is a heating device and the light source is configured to be illuminated in a portion indicating a relationship between a current temperature and a target temperature of the heating device”, as required in combination with the other limitations of the claim. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED M KAISER whose telephone number is (571)272-9612. The examiner can normally be reached M-F 9 a.m.-6 p.m.. 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, Abdullah Riyami can be reached at 571-270-3119. 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. /SYED M KAISER/Examiner, Art Unit 2831 /ABDULLAH A RIYAMI/Supervisory Patent Examiner, Art Unit 2831
Read full office action

Prosecution Timeline

Jul 30, 2024
Application Filed
Jan 21, 2026
Non-Final Rejection — §102, §103, §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
86%
Grant Probability
92%
With Interview (+6.1%)
1y 11m
Median Time to Grant
Low
PTA Risk
Based on 678 resolved cases by this examiner. Grant probability derived from career allow rate.

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