Prosecution Insights
Last updated: August 06, 2026
Application No. 19/241,470

System and Method for Uniform Ion Milling

Non-Final OA §102
Filed
Jun 18, 2025
Priority
Feb 15, 2022 — divisional of 12/362,130
Examiner
MCDONALD, RODNEY GLENN
Art Unit
1794
Tech Center
1700 — Chemical & Materials Engineering
Assignee
E A Fischione Instruments Inc.
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
2y 2m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
804 granted / 1269 resolved
-1.6% vs TC avg
Strong +24% interview lift
Without
With
+24.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
44 currently pending
Career history
1309
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
56.1%
+16.1% vs TC avg
§102
16.5%
-23.5% vs TC avg
§112
17.7%
-22.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1269 resolved cases

Office Action

§102
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 . Election/Restrictions Claims 5-9 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 1, 2026. 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 (i.e., changing from AIA to pre-AIA ) 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) 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kellogg et al. (U.S. Pat. 8,642,974). INDEPENDENT CLAIM 1: Regarding claim 1, Kellogg et al. teach an isolating device for conveying a flow stream of a gaseous substance between at least two conductive bodies differing in electrostatic potential, said isolating device (Column 4 lines 66-67; Column 5 lines 1-19) comprising: a. an insulating tube having an input (Column 4 lines 66-67; Column 5 lines 1-19 – insulating shield 160), and b. a flow restrictor limiting said flow stream to maintain a pressure at said input of said insulating tube to be maintained above a preselected limit to prevent arcing (Column 4 lines 66-67; Column 5 lines 1-19 – restrictor 158. “Thus, the entire electrical potential change from ground to the plasma voltage occurs within insulating shield 160 in which the gas is at a relatively high pressure and therefore resistant to arcing.”) DEPENDENT CLAIM 2: Regarding claim 2, Kellogg et al. teach wherein said flow restrictor is an orifice. (Fig. 1) DEPENDENT CLAIM 3: Regarding claim 3, Kellogg et al. teach wherein said insulating tube and said flow restrictor are combined as a capillary tube. (Column 4 lines 66-67; Column 5 lines 1-19 – “such as a capillary”) DEPENDENT CLAIM 4: Regarding claim 4, Kellogg et al. teach wherein said conductive bodies are components of said ion source. (Figs. 1, 3; Column 5 lines 66-67) Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY GLENN MCDONALD whose telephone number is (571)272-1340. The examiner can normally be reached Hoteling: M-Th every Fri off. 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, James Lin can be reached at 571-272-8902. 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. /RODNEY G MCDONALD/Primary Examiner, Art Unit 1794 RM July 27, 2026
Read full office action

Prosecution Timeline

Jun 18, 2025
Application Filed
Jul 30, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12692591
DEPOSITION APPARATUS
1y 7m to grant Granted Jul 28, 2026
Patent 12692590
FILM FORMATION APPARATUS
1y 6m to grant Granted Jul 28, 2026
Patent 12686004
AMPOULE FOR A SEMICONDUCTOR MANUFACTURING PRECURSOR
3y 7m to grant Granted Jul 21, 2026
Patent 12689011
APPARATUS WITH HEATED FILTER AND OPERATION METHOD OF THE SAME
2y 11m to grant Granted Jul 21, 2026
Patent 12674730
METHODS FOR SELECTIVELY SEPARATING SAMPLES FROM SUBSTRATE
8y 2m to grant Granted Jul 07, 2026
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
63%
Grant Probability
88%
With Interview (+24.4%)
3y 4m (~2y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1269 resolved cases by this examiner. Grant probability derived from career allowance rate.

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