Prosecution Insights
Last updated: October 04, 2026
Application No. 18/863,049

MEASUREMENT DEVICE AND MEASUREMENT METHOD

Non-Final OA §102§103§112
Filed
Nov 05, 2024
Priority
May 13, 2022 — JP 2022-079646 +1 more
Examiner
GRAVES, TIMOTHY P
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Japan Science and Technology Agency
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
379 granted / 467 resolved
+13.2% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
27 currently pending
Career history
483
Total Applications
across all art units

Statute-Specific Performance

§101
4.8%
-35.2% vs TC avg
§103
43.3%
+3.3% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
25.3%
-14.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 467 resolved cases

Office Action

§102 §103 §112
Measurement Device and Measurement Method 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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 02/03/2025 and 06/09/2026 are being considered by the examiner. Specification The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. The following title is suggested: “Anisotropy Measurement Device and Anisotropy Measurement Method”. Claim Objections Claim 1 objected to because of the following informalities: the limitation “the detection results” should read “detection results”. Appropriate correction is required. Claim 2 objected to because of the following informalities: the limitation “the first detection result by the first detector and the second detection result by the second detector” should read “a first detection result by the first detector and a second detection result by the second detector”. Appropriate correction is required. 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 5 and 7 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. Regarding claim 5, the limitation “the second detector is arranged circumferentially, continuously or discontinuously outside of the first detector” is unclear. For the purpose of examination, the examiner interprets the limitation as “the second detector is arranged circumferentially and continuously, or circumferentially and discontinuously, outside of the first detector”. Regarding claim 7, the limitation “selected from the group of the difference or addition of the electromagnetic fields from multiple directions that differ from each other or at multiple locations that differ from each other by the detector and the ratio of the electromagnetic fields”. This claim is so unclear it precludes a reasonable search for prior art. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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, 3, 6, 10 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ikushima (JP 2017142088; “Ikushima”). Regarding claim 1, Ikushima discloses, in figures 1-13, measurement device (100), comprising: a sound wave transmitter (20) transmitting sound waves (see Ikushima’s translation, ABSTRACT, “sound wave”) to an object to be measured (90); a detector (40a, 40b, 40c) detecting electromagnetic fields (see Ikushima’s translation, ABSTRACT, “electromagnetic waves”) from multiple directions that differ from each other or at multiple locations that differ from each other (see Ikushima’s translation, p. 13, ¶ 7, examiner notes Ikushima’s detect electromagnetic waves aligned in the x, y, and z directions), generated by the object (90) to be measured due to the sound waves (see Ikushima’s translation, ABSTRACT, “reception unit 40 that receives each of electromagnetic waves… generated from the electromagnetic steel sheet 90 by the sound wave”) emitted from the sound wave transmitter (20); and an evaluator (50) evaluating anisotropic characteristics (see Ikushima’s translation, p. 8, ¶ 5, “evaluate the anisotropy of magnetic characteristics”) of the object (90) to be measured based on detection results of the electromagnetic fields (see Ikushima’s translation, examiner notes the receiving unit measures magnetic field intensity and uses field distribution to determine crystal grain boundary) detected by the detector (40a, 40b, 40c). Regarding claim 3, Ikushima discloses, in figures 1-13, the detector (40a, 40b, 40c) comprises a first detector (40a) detecting a first electromagnetic field and a second detector (40b, 40C) detecting a second electromagnetic field from a different direction (see Ikushima’s translation, p. 13, ¶ 6, examiner notes Ikushima’s three receiving unit acquire EM waves from x, y and z directions) or at a different location (see fig. 11) than the first detector (40a), and wherein the evaluator (50) evaluates characteristics related to the anisotropy of the object to be measured based on the first detection result by the first detector (40a) and the second detection result by the second detector ((40b, 40c) see Ikushima’s translation, p. 14, ¶ 1, examiner notes using a detector configured to detect electromagnetic waves decomposed into X, Y, and Z axes allows Ikushima to “evaluate a more precise or highly reliable electrical steel sheet”). Regarding claim 6, Ikushima discloses, in figures 1-13, an image processor (52) imaging the detection results (see Ikushima’s translation, p. 3, ¶ 3, “An image processing unit 52 that outputs an observation image based on (measurement target signal)”) of the electromagnetic fields (see Ikushima’s translation, ABSTRACT, “electromagnetic waves”) from multiple directions that differ from each other or at multiple locations that differ from each other by the detector (see Ikushima’s translation, p. 13, ¶ 7, examiner notes Ikushima’s detect electromagnetic waves aligned in the x, y, and z directions), wherein the sound wave transmitter (20) scans the sound waves over a two-dimensional surface (see Ikushima’s translation, p. 3, ¶ 5, examiner notes Ikushima’s moving mechanism 80 move the sheet relative to the sound wave generator effectively scanning the sound waves over the surface) or a three-dimensional volume of the object to be measured (90). Regarding claim 10, Ikushima discloses, in figures 1-13, a measurement method (see Ikushima’s translation, p. 6, ¶ 7, “physical property evaluation method”), comprising: a transmitting step for transmitting sound waves (see Ikushima’s translation, p. 6, ¶ 7, “a sound wave signal emitted from the sound wave generator 20 (20a) which is a sound wave source”) to an object to be measured (90); a detection step for detecting electromagnetic fields (see Ikushima’s translation, p. 6, ¶ 7, “signal received by the receiving unit 40 (including an electromagnetic wave signal from the electromagnetic steel sheet 90 to be measured)”) from multiple directions that differ from each other or at multiple locations that differ from each other (see Ikushima’s translation, p. 13, ¶ 7, examiner notes Ikushima’s detect electromagnetic waves aligned in the x, y, and z directions), generated by the object to be measured (90) due to the sound waves emitted (see Ikushima’s translation, p. 2, ¶ 1, “an electromagnetic wave generated from the electromagnetic steel plate 90 by the soundwave”); and an evaluation step for evaluating anisotropic characteristics (see Ikushima’s translation, p. 8, ¶ 5, “evaluate the anisotropy of magnetic characteristics”) of the object to be measured (90) based on the detection results of the electromagnetic fields detected in the detection step (see Ikushima’s translation, examiner notes the receiving unit measures magnetic field intensity and uses field distribution to determine crystal grain boundary). Regarding claim 12, Ikushima discloses, in figures 1-13, a detection step for detecting electromagnetic fields generated by the object to be measured due to being irradiated with sound waves at at least two positions (see Ikushima’s translation, p. 13, ¶ 6, examiner notes Ikushima’s three receiving unit acquire EM waves from x, y and z directions) or from at least two directions (see fig. 11); and an evaluation step for evaluating anisotropic characteristics of the object (90) to be measured based on the relationship between the detection results of the electromagnetic fields at at least two positions or the electromagnetic fields from at least two directions detected in the detection step ((40b, 40c) see Ikushima’s translation, p. 14, ¶ 1, examiner notes using a detector configured to detect electromagnetic waves decomposed into X, Y, and Z axes allows Ikushima to “evaluate a more precise or highly reliable electrical steel sheet”). 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ikushima (JP 2017142088; “Ikushima”) as applied to claim 1 above, and further in view of Kobayoshi (US 9480451; "Kobayoshi"). Regarding claim 2, Ikushima discloses detecting electromagnetic fields (see Ikushima’s translation, ABSTRACT, “electromagnetic waves”) from multiple directions that differ from each other or at multiple locations that differ from each other (see Ikushima’s translation, p. 13, ¶ 7, examiner notes Ikushima’s detect electromagnetic waves aligned in the x, y, and z directions). Ikushima fails to disclose a noise processor. Kobayoshi teaches a noise processor (4) for reducing or eliminating noise contained in the electromagnetic fields by performing operations using the detection results of the electromagnetic fields (see claim 7, examiner notes Kobayoshi’s processor circuitry reduces noise originating from a detected electromagnetic field by applying a noise reduction filter). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kobayoshi’s scheme of applying a noise filter to electromagnetic wave data by a processor to reduce noise into Ikushima’s process of data analysis since it is well known to combine prior art elements according to known methods to yield predictable results. Doing so provides a reliable way of improving the accuracy, clarity and reliability of the information being analyzed. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Ikushima (JP 2017142088; “Ikushima”) as applied to claim 10 above, and further in view of Kobayoshi (US 9480451; "Kobayoshi"). Regarding claim 11, Ikushima discloses, a noise processing step (see fails to disclose a noise processing step., in figures 1-13, a noise processing step for reducing or eliminating noise contained in the electromagnetic fields by performing operations on the detection results (see fig. 5, see Ikushima’s translation, p. 5, ¶ 6, examiner notes Ikushima selects pass frequencies by applying a bandpass filter to the receiving unit output signal). Ikushima fails to explicitly disclose reducing or eliminating noise. Kobayoshi teaches a noise processing step (4) for reducing or eliminating noise contained in the electromagnetic fields by performing operations on the detection results (see claim 7, examiner notes Kobayoshi’s processor circuitry reduces noise originating from a detected electromagnetic field by applying a noise reduction filter). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kobayoshi’s scheme of applying a noise filter to electromagnetic wave data by a processor to reduce noise into Ikushima’s process of data analysis since it is well known to combine prior art elements according to known methods to yield predictable results. Doing so provides a reliable way of improving the accuracy, clarity and reliability of the information being analyzed. Allowable Subject Matter Claims 4 and 8-9 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. Regarding claim 4, the examiner notes a search has not revealed prior art teaching or suggesting to one of ordinary skill in the art to modify Ikushima to include the noise processor; performs Fourier transformation on the first detection result by the first detector and the second detection result by the second detector;, obtains a coefficient by multiplying a waveform value normalized by each frequency component of the waveform after the Fourier transformation of the first detection result by the first detector by a complex conjugated value of the waveform value normalized by each frequency component of the waveform after the Fourier transformation of the second detection result by the second detector; cuts off frequency components whose coefficients are less than a specific value from the first detection result by the first detector after Fourier the transformation and from the second detection result by the second detector after the Fourier transformation;, performs inverse Fourier transformation on the first detection result by the first detector after the Fourier transformation after the cut off and on the second detection result by the second detector after the Fourier transformation after the cut off; and takes the difference between the first detection result by the first detector after the inverse Fourier transformation and the second detection result by the second detector after the inverse Fourier transformation, in combination with the remaining limitations of the claim. Examiner concludes prior existence of the combination, or a suggestion to combine all cited references, is improbable. Regarding claim 8, the examiner notes a search has not revealed prior art teaching or suggesting to one of ordinary skill in the art to modify Ikushima to include the detector comprises a rotation mechanism rotating with respect to the object to be measured. Examiner concludes prior existence of the combination, or a suggestion to combine all cited references, is improbable. Dependent claim 9 would be allowable for at least the same reasons as above. Claim 5 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY P GRAVES whose telephone number is (469)295-9072. The examiner can normally be reached M-F 8 a.m. - 5 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, Peter Macchiarolo can be reached at 571-272-2375. 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. /TIMOTHY P GRAVES/Primary Examiner, Art Unit 2855
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Prosecution Timeline

Nov 05, 2024
Application Filed
Sep 15, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
96%
With Interview (+15.0%)
2y 6m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 467 resolved cases by this examiner. Grant probability derived from career allowance rate.

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