Prosecution Insights
Last updated: July 17, 2026
Application No. 18/899,786

MEASUREMENT CONTROL DEVICE

Non-Final OA §103
Filed
Sep 27, 2024
Priority
Oct 02, 2023 — JP 2023-171397
Examiner
SHIH, HAOSHIAN
Art Unit
Tech Center
Assignee
MITUTOYO Corporation
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 9m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
383 granted / 553 resolved
+9.3% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
18 currently pending
Career history
572
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
86.0%
+46.0% vs TC avg
§102
6.2%
-33.8% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 553 resolved cases

Office Action

§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 . DETAILED ACTION Claims 1-6 are pending in this application and have been examined in response to application filed on 09/27/2024. FOREIGN APPLICATIONS: JAPAN 2023-171397 10/02/2023 Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-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 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 1 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Dunlap et al. (US 2003/0058266 A1) in view of Rieger et al. (US 2021/0281741 A1). As to INDEPENDENT claim 1, Dunlap discloses a …device comprising a screen interface and configured to control … through the screen interface, the control device comprising: a normal display screen that forms a part of the screen interface (fig.3; a control interface is displayed); one or more functional components provided on the normal display screen (fig.3; “36”); a help mode button provided on a part of the normal display screen and configured to switch a normal display mode from/to a help display mode (fig.4, “32”; a help mode button is selectable); one or more help icons displayed on the normal display screen in the help display mode, the help icons being each associated with corresponding one of the functional components (fig.2; when the help mode is activated the displayed functional components are turned into help icons); a summary description field and a detail display button displayed on a part of the normal display screen when one of the help icons is selected (fig.6, “44”, “46”; when the help icon “MODIFY” is selected a summary is displayed and a detail button “SHOW ME HOW” is also displayed); and a detailed description field displayed when the detail display button is selected (fig.7; when the “SHOW ME HOW” button is selected a detailed description is displayed). Dunlap does not expressly disclose the device is a measurement device; …control a measurement operation of a measurement machine… In the same field of endeavor, Rieger discloses the device is a measurement device; …control a measurement operation of a measurement machine… (fig.1; [0023]; an optical measuring device with a human-machine interface is disclosed). It would have been obvious to one of ordinary skill in the art, having the teaching of Dunlap and Rieger before him prior to the effective filling date, to modify the help mode interface taught by Dunlap to include a measuring device taught by Rieger with the motivation being to aid the user in operating a measuring device. As to claim 3, the prior art as combined discloses wherein the detail display button is displayed on a part of the summary description field (Dunlap, fig.6, “44”, “46”). Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Dunlap-Rieger and in view of Muir (US 2009/0037815 A1). As to claim 2, the prior art as combined discloses, wherein the summary description field is a comment area provided … of the normal display screen (Dunlap, fig.7, “44”). The prior art as combined does not expressly disclose … at a lowermost section… In the same field of endeavor, Muir discloses displaying the help message at a lowermost section (fig.1A, “130B”; help information is displayed at the lowermost area of the window). It would have been obvious to one of ordinary skill in the art, having the teaching of the prior art as combined and Santero before him prior to the effective filling date, to modify the help mode interface taught by the prior art as combined to include a fixed message display area taught by Muir with the motivation being to provide help content without obstructing the work area. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Dunlap-Rieger and in view of Santero et al. (US 9,716,745 B2). As to claim 4, the prior art as combined discloses wherein the detailed description field is configured to display a description, in …of the measurement control device, on one of the functional components associated with selected one of the help icons (Dunlap; fig.6, fig.7). The prior art as combined does not expressly disclose an on-line manual. In the same field of endeavor, Santero discloses an on-line manual (fig.4). It would have been obvious to one of ordinary skill in the art, having the teaching of the prior art as combined and Santero before him prior to the effective filling date, to modify the help mode interface taught by the prior art as combined to include an online manual taught by Santero with the motivation being to provide updated help content. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Dunlap-Rieger-Santero and in view of Hidesawa et al. (US 2006/0224942 A1). As to claim 5, the prior art as combined discloses displaying the help mode related functions as a part of the normal display screen (Dunlap, fig.4). The prior art as combined does not expressly disclose wherein a manual display button configured to display a table of contents page of the on-line manual is provided. In the same field of endeavor, Hidesawa discloses wherein a manual display button configured to display a table of contents page of the on-line manual is provided (fig.3; a button for navigating to the ToS is provided). It would have been obvious to one of ordinary skill in the art, having the teaching of the prior art as combined and Santero before him prior to the effective filling date, to modify the help mode interface taught by the prior art as combined to include Tos navigation taught by Hidesawa with the motivation being to provide a quick way to navigate the electronic manual. Allowable Subject Matter Claim 6 is 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAOSHIAN SHIH whose telephone number is (571)270-1257. The examiner can normally be reached M-F 8:00-5:00. 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, FRED EHICHIOYA can be reached at (571) 272-4034. 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. /HAOSHIAN SHIH/Primary Examiner, Art Unit 2179
Read full office action

Prosecution Timeline

Sep 27, 2024
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §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

1-2
Expected OA Rounds
69%
Grant Probability
90%
With Interview (+20.6%)
3y 6m (~1y 9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 553 resolved cases by this examiner. Grant probability derived from career allowance rate.

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