Prosecution Insights
Last updated: July 17, 2026
Application No. 19/065,056

Extremum-Seeking Control Apparatuses and Methods for Automatic Frequency Tuning

Non-Final OA §DP
Filed
Feb 27, 2025
Priority
Sep 06, 2022 — continuation of 12/272,523
Examiner
LEE, WILSON
Art Unit
Tech Center
Assignee
MKS Instruments Inc.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
570 granted / 657 resolved
+26.8% vs TC avg
Minimal +3% lift
Without
With
+3.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
25 currently pending
Career history
678
Total Applications
across all art units

Statute-Specific Performance

§101
10.5%
-29.5% vs TC avg
§103
52.3%
+12.3% vs TC avg
§102
20.5%
-19.5% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 657 resolved cases

Office Action

§DP
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 . Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 12,272,523 (hereinafter ‘523). Although the claims at issue are not identical, they are not patentably distinct from each other because the content of the claims in ‘523 overlaps with the claims in the current application. Current application US Patent 12,272,523 A method for extremum-seeking frequency control of a radio frequency (RF) generator including a RF power source, the method comprising: generating a frequency control signal having an adjustable frequency, the frequency control signal varying an output frequency of the RF power source; receiving frequency values of the frequency control signal and corresponding output response values; and generating a gradient signal based on the frequency values and the output response values, wherein a frequency of the frequency control signal is adjusted based on the gradient signal. A radio frequency (RF) generator for powering a load, the RF generator comprising: a RF power source configured to generate an output signal at an output frequency; an extremum-seeking frequency controller configured to generate a frequency control signal, the frequency control signal varying the output frequency of the RF power source, the frequency control signal is formed from a gradient signal; and a gradient estimator configured to generate the gradient signal, wherein a frequency of the frequency control signal is adjusted based on the gradient signal, wherein the gradient estimator is configured to receive frequency values of the frequency control signal and corresponding output response values, and wherein the gradient signal is generated based on the frequency values and the output response values. 2. The method of claim 1, further comprising storing the frequency values in a first buffer and the output response values in a second buffer. 2. The RF generator of claim 1, further comprising a first buffer configured to store the frequency values and a second buffer configured to store the output response values. 3. The method of claim 2, further comprising purging at least one of the frequency values in the first buffer and at least one of the output response values in the second buffer. 3. The RF generator of claim 2, wherein the first buffer and the second buffer are configured to purge at least one of the frequency values and at least one of the output response values. 4. The method of claim 2, wherein storing the frequency values in a first buffer and the output response values in a second buffer includes storing a defined number of the frequency values in the first buffer and a defined number of the output response values in the second buffer. 4. The RF generator of claim 2, wherein the first buffer and the second buffer are configured to store a defined number of the frequency values and the output response values. 5. The method of claim 4, wherein the defined number is a number from five to twenty. 5. The RF generator of claim 4, wherein the defined number is a number from five to twenty. 6. The method of claim 2, further comprising generating a pulse to modulate an output signal of the RF power source, wherein storing the frequency values in the first buffer and the output response values in the second buffer includes storing the frequency values and the output response values for the pulse. 6. The RF generator of claim 2, further comprising a power controller coupled to the RF power source, the power controller configured to generate a pulse to modulate the output signal of the RF power source, wherein the first buffer and the second buffer are configured to store the frequency values and the output response values for the pulse. 7. The method of claim 2, further comprising generating a pulse to modulate an output signal of the RF power source, the pulse including a first state and a second state, wherein storing the frequency values in the first buffer and the output response values in the second buffer includes storing the frequency values and the output response values for the first state of the pulse. 7. The RF generator of claim 2, further comprising a power controller coupled to the RF power source, the power controller configured to generate a pulse to modulate the output signal of the RF power source, wherein: the pulse includes a first state and a second state; and the first buffer and the second buffer are configured to store the frequency values and the output response values for the first state of the pulse. 8. The method of claim 7, further comprising storing the frequency values for the second state of the pulse in a third buffer and the output response values for the second state of the pulse in a fourth buffer. 8. The RF generator of claim 7, further comprising a third buffer configured to store the frequency values for the second state of the pulse and a fourth buffer configured to store the output response values for the second state of the pulse. 9. The method of claim 7, further comprising purging at least one of the frequency values in the first buffer and at least one of the output response values in the second buffer, and storing the frequency values in the first buffer and the output response values in the second buffer for the second state of the pulse after purging the at least one of the frequency values and the at least one of the output response values for the first state of the pulse. 9. The RF generator of claim 7, wherein: the first buffer and the second buffer are configured to purge at least one of the frequency values and at least one of the output response values for the first state of the pulse; and the first buffer and the second buffer are configured to store the frequency values and the output response values for the second state of the pulse after purging the at least one of the frequency values and the at least one of the output response values for the first state of the pulse. 10. The method of claim 9, wherein: the pulse is a first pulse; and the method further comprises generating a second pulse including the first state and the second state, and recalling the at least one of the frequency values and the at least one of the output response values purged for the first state of the first pulse into the first buffer and the second buffer for the first state of the second pulse. 10. The RF generator of claim 9, wherein: the pulse is a first pulse; the power controller is configured to generate a second pulse including the first state and the second state; and the at least one of the frequency values and the at least one of the output response values purged for the first state of the first pulse are recalled into the first buffer and the second buffer for the first state of the second pulse. 11. The method of claim 1, further comprising estimating a gradient of a cost function of the RF generator based on the frequency values and the output response values, wherein generating the gradient signal includes generating the gradient signal based on the estimated gradient. 11. The RF generator of claim 1, wherein: the gradient estimator is configured to estimate a gradient of a cost function of the RF generator based on the frequency values and the output response values; and the gradient estimator is configured to generate the gradient signal based on the estimated gradient. 12. The method of claim 11, wherein estimating the gradient includes estimating the gradient based on a minimum value of the output response values, a maximum value of the output response values, one of the frequency values corresponding to the minimum value of the output response values, and another one of the frequency values corresponding to the maximum value of the output response values. 12. The RF generator of claim 11, wherein the gradient estimator is configured to estimate the gradient based on a minimum value of the output response values, a maximum value of the output response values, one of the frequency values corresponding to the minimum value of the output response values, and another one of the frequency values corresponding to the maximum value of the output response values. 13. The method of claim 11, wherein estimating the gradient includes estimating the gradient based on a sum of the frequency values and a sum of the output response values. 13. The RF generator of claim 11, wherein the gradient estimator is configured to estimate the gradient based on a sum of the frequency values and a sum of the output response values. 14. The method of claim 11, further comprising setting the estimated gradient to zero in response to the estimated gradient being less than or equal to a defined threshold value. 14. The RF generator of claim 11, wherein the gradient estimator is configured to set the estimated gradient to zero in response to the estimated gradient being less than or equal to a defined threshold value. 15. The method of claim 14, further comprising estimating the gradient again based on at least one of: one of the output response values corresponding to when the estimated gradient was set to zero, one or more defined operating parameters of the RF generator, or a perturbation signal. 15. The RF generator of claim 14, wherein the gradient estimator is configured to estimate the gradient again based on at least one of: one of the output response values corresponding to when the estimated gradient was set to zero, one or more defined operating parameters of the RF generator, or a perturbation signal. 16. The method of claim 11, further comprising clamping the estimated gradient to a defined threshold value in response to the estimated gradient being less than or equal to the defined threshold value. 16. The RF generator of claim 11, wherein the gradient estimator is configured to clamp the estimated gradient to a defined threshold value in response to the estimated gradient being less than or equal to the defined threshold value. 17. The method of claim 1, further comprising estimating a gradient at startup of the RF generator based on one or more defined operating parameters of the RF generator or a perturbation signal, wherein generating the gradient signal includes generating the gradient signal based on the estimated gradient. 17. The RF generator of claim 1, wherein: the gradient estimator is configured to estimate a gradient at startup of the RF generator based on one or more defined operating parameters of the RF generator or a perturbation signal; and the gradient estimator is configured to generate the gradient signal based on the estimated gradient. Correspondence Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Wilson Lee whose telephone number is (571) 272-1824. Proposed amendment and interview agenda can be submitted to Examiner’s direct fax at (571) 273-1824. If attempts to reach the examiner by telephone are unsuccessful, examiner’s supervisor, Alexander Taningco can be reached at (571) 272-8048. Papers related to the application may be submitted by facsimile transmission. Any transmission not to be considered an official response must be clearly marked "DRAFT". The official fax number is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Center. Status information for published applications may be obtained from Patent Center. For more information about the Patent Center, see https://patentcenter.uspto.gov. Should you have questions on access to the Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /WILSON LEE/Primary Examiner, Art Unit 2845
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Prosecution Timeline

Feb 27, 2025
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §DP (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
87%
Grant Probability
90%
With Interview (+3.1%)
2y 9m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 657 resolved cases by this examiner. Grant probability derived from career allowance rate.

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