Prosecution Insights
Last updated: July 17, 2026
Application No. 18/993,368

DEVICE, APPARATUS, AND METHOD FOR CONFOCAL-CHROMATIC DISTANCE AND/OR THICKNESS MEASUREMENT

Non-Final OA §102
Filed
Jan 10, 2025
Priority
Jul 11, 2022 — DE 10 2022 207 032.1 +1 more
Examiner
AKANBI, ISIAKA O
Art Unit
Tech Center
Assignee
MICRO-EPSILON OPTRONIC GMBH
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
833 granted / 1090 resolved
+16.4% vs TC avg
Strong +23% interview lift
Without
With
+23.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
30 currently pending
Career history
1116
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
55.4%
+15.4% vs TC avg
§102
37.3%
-2.7% vs TC avg
§112
1.3%
-38.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1090 resolved cases

Office Action

§102
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 Information Disclosure Statement The information disclosure statement filed on 01/31/2025 and 01/21/2026 has been entered and considered by the examiner. Drawings The drawings filed on 01/10/2025, has been accepted for examination. 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 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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. Claim(s) 1-10 and 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cohen (FR 2950441 A1, Translation, Applicant cited reference). Regarding claim 1, Cohen discloses a device/method (claim 16) for confocal-chromatic distance and/or thickness measurement (figs. 1A-16), comprising: an illumination by light source 20 wherein the illumination diaphragm and/or the receiving diaphragm is/are formed by a fiber end of an optical waveguide diaphragm a single/separate fiber from the end of fiber bundle "300" wherein the illumination diaphragm and/or the receiving diaphragm is/are formed by a fiber end of an optical waveguide one of the end of optical fibers 300; a confocal-chromatic optical system (fig. 1B: 11); page 9, lines 29-33) (page 10, line 1); and an optical device objective 12 and/or a folding mirror 13 arranged between the illumination diaphragm and the confocal-chromatic optical system, wherein the optical device objective 12 and/or a folding mirror 13 is configured to divide measuring light emerging from the illumination diaphragm into multiple partial beams of measuring light as can be seen depicted in drawing (fig. 1B), wherein the partial beams of measuring light strike an object being measured at laterally offset measuring points after passing through the confocal-chromatic optical system, as can be seen depicted in drawing (fig. 1B), the sensor consists of a measuring head 100 and an optoelectronic box 200 connected by a strand 300 having N optical fibers and sensors combine two optical principles: • a confocal optical configuration, characterized in that (i) the image of a point light source is projected onto a point on the surface of the object to be visualized, (ii) the retro light scattered from this object point passes through a filtering hole (called "spatial filter") before being intercepted by a photoelectric detector (iii) the respective optical axes of the illumination path and the observation path are combined and coaxial renderings using appropriate means of combination / separation of light brushes, such as a cube (or a blade) semi-reflective (page 1, par. 3 to page par. 1, and see page 9) anticipates wherein partial beams of detection light reflected from the measuring points fall onto a receiving diaphragm via the confocal-chromatic optical system and the optical device, and wherein after the passing through the receiving diaphragm, a common detection light beam is present. For the purpose of clarity, the method claim 16 is taught/suggested by the functions shown/stated/set forth with regards to the apparatus/device claim 1 as rejected above as being anticipated by Cohen. As to claims 2-4 and 6-10, Cohan also discloses a structure that is use in a method/system device that is implementing limitations such as, wherein the confocal -chromatic or a chromatic confocal optical sensor configuration combine the illumination fiber bundle and the detection fiber bundle left and right end bundle 300 (figs. 1A-1B) anticipates illumination diaphragm and/or the receiving diaphragm is/are formed by a fiber end of an optical waveguide and/or by at least one optical diaphragm element (claim 2); wherein the illumination diaphragm and the receiving diaphragm are formed by a common component as can be seen in depicted drawing (1A-1B)(page 11)(claim 3); and wherein the optical device has at least one optical element (lens/objective 11) (page 9 or page 11, par. 3)(claim 4); wherein the optical element is a first optical element (front lens 11) supplemented with a second optical element (achromatic lens 12) (claim 6); wherein the second optical element (achromatic lens 12) is formed in one piece measuring head 100 with the first optical element (front lens 11) or is arranged in a materially bonded manner on the first optical element (front lens 11) (claim 7); wherein the optical device measuring head 100 focuses the partial beams of measuring light individually onto a virtual surface Zmax and Zmin located in front of the confocal-chromatic optical system (claim 8); and wherein the virtual surface Zmax and Zmin lies in the focal point of the confocal-chromatic optical system, as can be seen in depicted drawing (figs. 1A-1B) (claim 9); and wherein the optical device is configured to divide the measuring light emerging from the illumination diaphragm into diverging partial beams of measuring light is the component beams run divergently to one another, within the respective fiber, as can be seen in depicted drawing (fig. 1B) (claim 10). As to claim 5, Cohan also discloses wherein the optical element is such as a diffraction grating or a prism (page 9, par. 2) anticipate (i.e. a roof prism claim). As to claims 11-13, Cohan also discloses a structure that is use in a method/system device that is implementing limitations such as, wherein the optical device diaphragms the end of the fiber bundle 300 as can be seen depicted in drawing (fig. 1B) show(s) the partial beams of the measuring light that are close (relative term) to the axis at the surface Zmax and Zmin. and/or intended to measure a single point located on their optical axis (page 3, par. 2) (claim 11); wherein near-axis that is point located on their optical axis measuring light partial beams of the partial beams of measuring light are deflectable by the optical device as can be seen depicted in drawing (fig. 1B), intended use (such that they do not strike the confocal-chromatic optical system and/or only strike it in an edge region) the optical axis is always normal to the surface of the object (page 13, par. 1, par. 3) (claim 12); and wherein a focusing lens optical system 10 (page 5, par. 1) of the optical device has a beam-deflecting surface (13) in a core zone close to the axis and/or is interrupted by this beam-deflecting surface as can be seen depicted in drawing (figs. 1A-1B)(claim 13). For the purposes of clarity, the phrase “close to”, “near“ are considered relative term(s) so long the reference show proximity of any kind it is considered the phrase is met. As to claim 15, Cohan also discloses apparatus for confocal-chromatic, distance and/or thickness measurement, comprising: a device as can be seen in depicted drawing (figs. 1A-1B) according to claim 1, an polychromatic light source light sources i.e. white LEDs (20) for emitting measuring light, a spectrometer (page 2, pars, 1-2; page 4, par. 1 and page 8, par. 8), and an evaluation device a set of electronic and computer means 70 (page 4, par. 2; page 6, par. 3; page 9, pars. 1 and 2). As to claims 17-20, Cohan also discloses a structure that is use in a method/system device that is implementing limitations such as, wherein the optical element included in the measuring head 100 is a refractive optical element and/or a diffractive optical element (figs. 3A-E) (page 10, pars. 2-3) (claim 17); wherein the second optical element (achromatic lens 12) is integrated in an optical surface of the first optical element (front lens 11) (claim 18); wherein the virtual surface Zmax and Zmin is a curved surface is depicted as non-flat geometric shape, as can be seen in depicted drawing (figs. 1A-1B) (claim 19); and wherein the optical device diaphragms the left and right end bundle 300 (figs. 1A-1B) the partial beams of the measuring light by masking/covering/illuminating at least one optical element that is included in the measuring head 100 with a non- transparent layer/filter/at least partially blocked by the spatial filter Fi (page 5, par. 3) (claim 20). Allowable Subject Matter As to claim 14, the prior art of record, taken alone or in combination, fails to disclose or render obvious wherein the optical device has an optical element with multiple lens fragments, wherein central lens fragments located in a central region and peripheral lens fragments located in an edge region are arranged, and wherein the central lens fragments each deflect the measuring light striking them such that it-the measuring light is superimposed with the measuring light deflected by an edge lens fragment and forms a common partial beam of measuring light, in combination with the rest of the limitations of the claim. Additional Prior Art The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed in the attached form PTO-892 teach of other prior art device/method for confocal-chromatic distance and/or thickness measurement. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Isiaka Akanbi whose telephone number is (571) 272-8658. The examiner can normally be reached on 8:00 a.m. - 4:30 p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur R. Chowdhury can be reached on (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306. 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 http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /ISIAKA O AKANBI/Primary Examiner, Art Unit 2877
Read full office action

Prosecution Timeline

Jan 10, 2025
Application Filed
Jun 22, 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
76%
Grant Probability
99%
With Interview (+23.0%)
2y 6m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1090 resolved cases by this examiner. Grant probability derived from career allowance rate.

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