Prosecution Insights
Last updated: July 17, 2026
Application No. 18/912,305

FLAKE MEASUREMENT

Non-Final OA §102
Filed
Oct 10, 2024
Priority
Oct 10, 2023 — provisional 63/543,385
Examiner
ADEDIRAN, ABDUL-SAMAD A
Art Unit
Tech Center
Assignee
Interstates Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
493 granted / 629 resolved
+18.4% vs TC avg
Moderate +14% lift
Without
With
+13.6%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
25 currently pending
Career history
650
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
64.1%
+24.1% vs TC avg
§102
6.6%
-33.4% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 629 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. Oath/Declaration Oath/Declaration as filed on December 2, 2024 is noted by the Examiner. Claim Objections Claim 2 is objected to because of the following informalities: In particular, acronyms “2D” and “3D” recited through the claim renders the claim indefinite, because the meaning of the acronyms are not apparent. Examiner recommends applicant amend the claim 2, without adding new matter, in a manner that clarifies the acronym. See MPEP § 2173.05(a) Claim 9 is objected to because of the following informalities: In particular, acronyms “2D” and “3D” recited through the claim renders the claim indefinite, because the meaning of the acronyms are not apparent. Examiner recommends applicant amend the claim 9, without adding new matter, in a manner that clarifies the acronym. See MPEP § 2173.05(a) Accordingly, any claims dependent on claim 9 are objected to based on same above reasoning. Claim 10 is objected to because of the following informalities: In particular, acronym “3D” recited through the claim renders the claim indefinite, because the meaning of the acronyms are not apparent. Examiner recommends applicant amend the claim 10, without adding new matter, in a manner that clarifies the acronym. See MPEP § 2173.05(a) Claim 12 is objected to because of the following informalities: In particular, acronyms “2D” and “3D” recited through the claim renders the claim indefinite, because the meaning of the acronyms are not apparent. Examiner recommends applicant amend the claim 12, without adding new matter, in a manner that clarifies the acronym. See MPEP § 2173.05(a) 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim 9 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Monteiro Veras et al., U.S. Patent Application Publication 2024/0233159 A1 (hereinafter Veras). Regarding claim 9, Veras teaches a flake measurement system of an oilseed crush operation, comprising: an imaging system to determine a thickness of an oilseed flake processed by the oilseed crush operation, the imaging system including an imaging device to capture images of a surface of the oilseed flake and generate 2D profile scans of the surface of the oilseed flake (100, 130 FIGS. 1-3, paragraphs[0042]-[0043] of Veras teaches another example of an embodiment of the grain flake measurement system 100 addressed by this invention is shown in FIG. 3; in this embodiment, the grain flake measurement system 100 comprises a measurement device 130 comprises the image collection device 110; in addition to the image collection device 110, the measurement device 130 may comprise a plurality of cameras and lenses, and an internal lighting device 134; in one embodiment of the grain flake measurement system 100 comprises the plurality of cameras and lenses, the measurement device 130 can capture images of the grain flake from different angles and/or capture images of the grain flake for purposes additional to those already described; images of the grain flake taken from different angles on the same horizontal plane may result in more accurate measurements and endow the measurement system with additional advantages; and furthermore, cameras that capture light outside the visible spectrum may also be used, not being limited to one specific type of camera, and See also at least ABSTRACT, and paragraphs[0008], and [0026]-[0041] of Veras (i.e., Veras teaches a grain flake measurement system that includes a plurality of cameras and lenses capable of capturing images of a grain flake, such as a soybean flake, from different angles and/or capture images of the grain flake)), the imaging system to assemble the 2D profile scans into a 3D heightmap and determine a thickness of the oilseed flake from the 3D heightmap (100, 130 FIGS. 1-3, and 5, paragraphs[0037] of Veras teaches consequently, when collecting the grain flake image through the image collection device 110, the acquisition unit 120 can obtain a number of grain flake thickness pixels at all points forming a grain flake contour; and by comparing compare the number of grain flake thickness pixels with the pixel per millimeter ratio, the acquisition device 120 can define the grain flake thickness over its entire surface profile, and See also at least ABSTRACT, and paragraphs[0008], [0011], [0014], and [0026]-[0036], [0038]-[0043], and [0064]-[0065] of Veras (i.e., Veras teaches the grain flake measurement system that includes the plurality of cameras and lenses capable of capturing images of the grain flake, such as the soybean flake, and forming an defining the grain flake contour and thickness respectively)). Potentially Allowable Subject Matter Claims 1 and 11 are allowable, because the prior art references of record do not teach the combination of all element limitations as presently claimed. For example, in regard to claim 1, the prior art of record at least does not expressly teach concept of the imaging system to process the image to identify a local minima region of the surface of the oilseed flake, the imaging system to determine the thickness of the oilseed flake based on displacement of the local minima region relative to the supporting surface. Still for example, in regard to claim 11, the prior art of record at least does not expressly teach concept of processing the image to identify a local minima region of the surface of the oilseed flake; and determining a thickness of the oilseed flake based on displacement of the local minima region relative to the supporting surface. In addition, claims 2-8, and 12-18 would be allowable if rewritten to overcome applicable objection(s), if any, indicated above because for each of claims 2-8, 10, and 12-18, at least in light of their dependency on their respective independent claim, the prior art references of record do not teach the combination of all element limitations as presently claimed. Still in addition, claim 10 would be allowable if rewritten to overcome applicable objection(s) indicated above, and if rewritten in independent form including all of the limitations of the base claim and any intervening claim(s) because for claim 10 the prior art references of record do not teach the combination of all element limitations as presently claimed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-SAMAD A ADEDIRAN whose telephone number is (571)272-3128. The examiner can normally be reached on Monday through Thursday, 8:00 am to 5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached on 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ABDUL-SAMAD A ADEDIRAN/Primary Examiner, Art Unit 2621
Read full office action

Prosecution Timeline

Oct 10, 2024
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §102 (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
92%
With Interview (+13.6%)
2y 1m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 629 resolved cases by this examiner. Grant probability derived from career allowance rate.

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