Prosecution Insights
Last updated: August 06, 2026
Application No. 18/941,706

DETERMINATION OF MATERIAL

Non-Final OA §102§Other
Filed
Nov 08, 2024
Priority
Oct 05, 2018 — GB 1816243.8 +3 more
Examiner
THOMAS, COURTNEY D
Art Unit
2884
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Smiths Detection France S A S
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allowance Rate
821 granted / 921 resolved
+21.1% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
20 currently pending
Career history
934
Total Applications
across all art units

Statute-Specific Performance

§101
6.4%
-33.6% vs TC avg
§103
27.3%
-12.7% vs TC avg
§102
26.4%
-13.6% vs TC avg
§112
11.9%
-28.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 921 resolved cases

Office Action

§102 §Other
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. 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. Claim(s) 1-19 are rejected under 35 U.S.C. 102a1 as being anticipated by St. Aubin et al. (U.S. Patent Application Publication 20190213740). PNG media_image1.png 806 999 media_image1.png Greyscale Claims 14 and 15 recite an apparatus and a non-transitory computer readable medium configured to perform the method of claim 1. Since the additional independent claims recite the same methodology through different statutory classes without introducing additional functional limitations, claims 1, 14 and 15 rise and fall together and are addressed simultaneously. As per claims 1, 14 and 15, St. Aubin et al. disclose a method comprising the step(s) of: obtaining image data, for at least two levels of radiation energy (Fig. 3, dual-material calibration data 302-304; ¶¶ [0038-0039]); obtaining equivalence data associated with mass equivalence of at least one of the first material and the second material with respect to a reference material, for the at least two levels of radiation energy (Fig. 3, equivalent path length modeling 306, equivalent path length lookup tables 308-310, mass thickness lookup table generation 312, mass lookup table 314; Fig. 18, elements 1800-1812; ¶¶ [0031; 0039; 0140-0143; 0170-0173]), wherein the mass equivalence of a given material with respect to the reference material corresponds to a thickness of an object made of the reference material, associated with a same radiation transmission, in the inspection image, as a radiation transmission associated with a thickness of an object made of the given material (Fig. 3, elements 306-314; Fig. 18, elements 1800-1812; ¶¶ [0170-0173]); obtaining observation data based on the image data and the equivalence data (Fig. 3, mass thickness lookup table 314, effective atomic number lookup table generation 316, effective atomic lookup table 318; Fig. 16; ¶¶ [0158-0163]); and determining at least one of the first material and the second material, based on the obtained observation data (Fig. 3, effective atomic number lookup table 318; ¶¶ [0158-0163]). [Examiner note: St. Aubin’s reference-material equivalent path lengths correspond to the claimed mass equivalence by representing corresponding reference-material thicknesses for the measured radiation transmission]. As per claims 2-4 and 16-19, St. Aubin et al. further disclose a method wherein, for an object made of a material other than the reference material, the mass equivalence with respect to the reference material depends on radiation energy (Fig. 3, dual-material calibration data 302-304; equivalent path length modeling 306; Fig. 18; ¶¶ [0031; 0039; 0170-0173]) the mass equivalence is expressed in g.cm-2 (Fig. 3, mass thickness lookup table generation 312 and mass thickness lookup table 314; Fig. 12, steps 366-380; ¶ [0116]). the reference material being metallic, the mass equivalence MEQ to the reference material is associated with metallic MEQ, and/or the reference material being organic, the mass equivalence MEQ to the reference material is associated with organic MEQ (Fig. 3; using aluminum and ABS reference materials (Fig. 7; ¶¶ [0110-111]). As per claims 5-7, St. Aubin et al. further disclose a method wherein: obtaining the equivalence data comprises at least one of: receiving the equivalence data from a calibration step; and/or determining the equivalence data during a calibration step (Fig. 3; calibration workflow 302-314; Fig. 18, elements 1800-1812; ¶¶ [0038-0039], [0170-0173]); determining, in a reference calibration sub-step, radiation transmission through a plurality of thicknesses of a reference object made of the reference material, for the at least two levels of radiation energy, detector by detector of an array of detectors configured to generate, at least partly, the inspection image of the cargo; and determining, in at least one sample calibration sub-step, a radiation transmission through a plurality of thicknesses of at least one sample object made of a material other than the reference material, for the at least two levels of radiation energy, detector by detector of the array of detectors configured to generate, at least partly, the inspection image of the cargo; and determining, detector by detector based on the reference calibration sub-step and the at least one sample calibration sub-step, at least one of: a mass equivalence MEQHE of the at least one a material other than the reference material to the reference material, at a higher level of radiation energy HE of the at least two levels of radiation energy, and/or a mass equivalence MEQLE of the at least one a material other than the reference material to the reference material, at a lower level of radiation energy LE of the at least two levels of radiation energy (Fig. 3, elements 302-310; Fig. 18, elements 1800-1812; ¶¶ [0170-0173]). As per claims 8-10, St. Aubin et al. further disclose a method wherein: obtaining the observation data based on the image data and the equivalence data comprises: applying the obtained mass equivalence data to the reference material, to the image data (Fig. 3, mass thickness lookup table 314, effective atomic number processing 316-318; Fig. 12, steps 366-380; Fig. 16; ¶¶[0140-0141; 0158-0163]); determining, pixel by pixel of the inspection image of the cargo, based on the obtained mass equivalence data and the image data, at least one of: a mass equivalence MEQHE of the inspection image of the cargo to the reference material, at a higher level of radiation energy HE of the at least two levels of radiation energy, and/or a mass equivalence MEQLE of the inspection image of the cargo to the reference material, at a lower level of radiation energy LE of the at least two levels of radiation energy (Fig. 3, elements 314-318; Fig. 16; ¶¶[0158-0163]). As per claims 11-13, St. Aubin et al. further disclose a method wherein: identifying one or more zones of interest where the first object overlaps the second object in the inspection image, and wherein determining the at least one of the first material and the second material, based on the obtained observation data, comprises, for at least one of the identified one or more zones of interest (Fig. 23A-23B; ¶¶[0161-0163]); subtracting mass equivalence data of at least one of the first material and the second material from the obtained observation data; and determining the other one of the at least one of the first material and the second material, based on the subtracting (Fig. 23A-23B; ¶¶[0161-0163]); determining mass equivalence data to be subtracted, based on at least one of: prior knowledge; and/or knowledge extracted from a zone where the first object and/or the second object do not overlap (Fig. 23A-23B; ¶¶[0161-0163]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY D THOMAS whose telephone number is (571)272-2496. The examiner can normally be reached M-F: 9 AM - 5 PM. 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, David Makiya can be reached at 571-272-2273. 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. /COURTNEY D THOMAS/Primary Examiner, Art Unit 2884
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Prosecution Timeline

Nov 08, 2024
Application Filed
Jul 13, 2026
Non-Final Rejection mailed — §102, §Other (current)

Precedent Cases

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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
89%
Grant Probability
98%
With Interview (+9.2%)
2y 0m (~3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 921 resolved cases by this examiner. Grant probability derived from career allowance rate.

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