Prosecution Insights
Last updated: October 04, 2026
Application No. 18/850,058

PROBE

Final Rejection §102§103
Filed
Sep 24, 2024
Priority
Mar 25, 2022 — JP 2022-049368 +1 more
Examiner
PATEL, PARESH H
Art Unit
2858
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Yokowo Co., Ltd.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
8m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
758 granted / 954 resolved
+11.5% vs TC avg
Minimal -1% lift
Without
With
+-1.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
37 currently pending
Career history
977
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
41.3%
+1.3% vs TC avg
§102
34.6%
-5.4% vs TC avg
§112
14.8%
-25.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 954 resolved cases

Office Action

§102 §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 . Response to Arguments Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henry et al. (US 2008/0048101 A1) hereafter Henry. Regarding claim 1, Henry at fig. 8 (see annotated fig. 8 below) discloses a probe comprising: a plunger 60; and a barrel 22 including an end surface [flat surface of 22 as shown] provided with an opening [opening between end surface for 60 e.g. vertical wall of 22 for 60] through which at least a part of the plunger protrudes [as shown], an inner surface defining a tapered hole [taper surface of 22 as shown defines taper hole] that communicates with the opening, and an outer surface [as shown below] tapered toward the end surface, wherein an inner surface of the opening is substantially parallel to an axial direction of the plunger, and the end surface of the barrel is a generally flat surface that is substantially perpendicular to the axial direction of the plunger [flat end surface is perpendicular to plunger axial direction]. PNG media_image1.png 362 428 media_image1.png Greyscale Claim(s) 2-4 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Henry. Regarding claim 2, Henry discloses the probe according to claim 1, including wherein at least a part of an outer surface of the barrel [outer surface of 2]. Henry is silent about the outer surface of the barrel is formed by machining [this is product by process limitation]. MPEP §2113 states that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Regarding claim 3, Henry discloses the probe according to claim 1, including the opening is formed by machining. Henry is silent about the opening is formed by machining [this is product by process limitation]. MPEP §2113 states that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). Regarding claim 4, Henry discloses the probe according to claim 1, including the barrel with tapered hole. Henry is silent about said tapered hole is formed by machining [this is product by process limitation]. MPEP §2113 states that “[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). 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 PARESH PATEL whose telephone number is (571)272-1968. The examiner can normally be reached 8:00 am to 4:00pm. 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, Eman Alkafawi can be reached at 571-272-4448. 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. /PARESH PATEL/Primary Examiner, Art Unit 2858 July 23, 2026
Read full office action

Prosecution Timeline

Sep 24, 2024
Application Filed
Apr 16, 2026
Non-Final Rejection mailed — §102, §103
Jul 09, 2026
Response Filed
Jul 28, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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PROBE MOUNTING STRUCTURE AND RELIABILITY TEST SYSTEM FOR WAFER-LEVEL RELIABILITY TEST
2y 7m to grant Granted Sep 22, 2026
Patent 12730128
MEASUREMENT UNIT
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Patent 12716913
LOW PROFILE ELECTRONIC TESTING SYSTEM WITH FLEXIBLE TEST PCB FORMAT
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Patent 12714606
MOISTURE SENSOR
1y 11m to grant Granted Aug 25, 2026
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COIL SENSOR CIRCUIT AND METHOD FOR OPERATING A COIL SENSOR CIRCUIT
1y 11m to grant Granted Aug 25, 2026
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
80%
Grant Probability
78%
With Interview (-1.1%)
2y 8m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 954 resolved cases by this examiner. Grant probability derived from career allowance rate.

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