Prosecution Insights
Last updated: October 02, 2026
Application No. 19/203,938

CONTROL SYSTEM WITH OCCUPANCY SENSING

Non-Final OA §112
Filed
May 09, 2025
Priority
Sep 03, 2008 — continuation of 8009042 +6 more
Examiner
NGUYEN, AN T
Art Unit
Tech Center
Assignee
Lutron Technology Company LLC
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
1y 5m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
410 granted / 605 resolved
+7.8% vs TC avg
Strong +19% interview lift
Without
With
+18.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
17 currently pending
Career history
623
Total Applications
across all art units

Statute-Specific Performance

§101
4.0%
-36.0% vs TC avg
§103
52.8%
+12.8% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
17.0%
-23.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 605 resolved cases

Office Action

§112
Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Claim Objections Claim 17 is objected to because of the following informalities: Claim 17 recites “claim 1” which appears to be referring to “claim 10”. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 7, 16 and 24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth the subject matter which the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the applicant regards as the invention. Claim 7, 16 and 24 recite the limitation "the occupancy sensing apparatus". There is insufficient antecedent basis for this limitation in the claim. Allowable Subject Matter Claims 1-25 are allowed. The following is a statement of reasons for the indication of allowable subject matter: Closest prior art Eckel et al. (Patent No. 5,946,209) teaches “A system for selectively providing power from a power source to a load to operate in an area for at least one occupant comprising a processing device for controlling the opening and closing of a relay connected between the load and the power source for energizing the load, and a sensor for detecting the presence of an occupant in the area. The processing device is programmable to close the relay in response to an output signal from the sensor for a period of time that can be of fixed duration, or a duration that is dynamically and automatically determined using sensor data relating to measure time between successive, detected occupant movements. In addition to a daylight inhibit function, the system is provided with color indicators and a tone generator to indicate various operating conditions and to guide a user entering selected system parameters, among other features.” Additionally, Steinel (Patent No. 6,160,352) teaches “An automatic switching device for flourescent light has a light sensing element that reacts to ambient light and a switching unit designed to react to an output signal from the light sensing element and to activate or deactivate the flourescent light. The switching unit has a reference threshold generator. The flourescent light is activated or deactivated depending on whether the output signal from the light sensing element exceeds or falls below a threshold generated by the reference threshold generator and the threshold level depends on the luminosity sensed by the light sensing element. The switching unit further includes a delay designed for preventing signal processing by the switching unit for a present period of time upon switching on of the flourescent light.” However, the cited prior arts do not teach responsive to “responsive to receipt of the first signal: compare the second signal to an ambient light threshold value; determine whether the second signal indicates an ambient light level above a threshold; responsive to the determination that the ambient light level is at or above the threshold: generate a first output signal indicative of the occupied/high light condition; and communicate the first output signal via the interface circuitry; and responsive to the determination that the ambient light level is below the threshold: generate a second output signal indicative of an occupied/low light condition; and   transmit the second output signal via the interface circuitry”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to An T Nguyen whose telephone number is (571)270-5167. The examiner can normally be reached Monday - Friday 9-5 ET. 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, Brian Zimmerman can be reached at 571-272-3059. 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. /AN T NGUYEN/Primary Examiner, Art Unit 2686
Read full office action

Prosecution Timeline

May 09, 2025
Application Filed
Aug 18, 2026
Non-Final Rejection mailed — §112 (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
68%
Grant Probability
87%
With Interview (+18.8%)
2y 10m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 605 resolved cases by this examiner. Grant probability derived from career allowance rate.

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