Prosecution Insights
Last updated: October 27, 2026
Application No. 19/390,785

ENGINEERING TOOL

Non-Final OA §102§112
Filed
Nov 17, 2025
Priority
May 18, 2023 — JP 2023-082104 +1 more
Examiner
WOO, ISAAC M
Art Unit
2163
Tech Center
2100 — Computer Architecture & Software
Assignee
Kabushiki Kaisha Toshiba
OA Round
1 (Non-Final)
91%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 91% — above average
91%
Career Allowance Rate
1196 granted / 1309 resolved
+36.4% vs TC avg
Moderate +6% lift
Without
With
+6.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
16 currently pending
Career history
1332
Total Applications
across all art units

Statute-Specific Performance

§101
11.0%
-29.0% vs TC avg
§103
4.4%
-35.6% vs TC avg
§102
76.0%
+36.0% vs TC avg
§112
5.7%
-34.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1309 resolved cases

Office Action

§102 §112
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 Claims 1-20 are pending. This action is in response to the application filed on November 17, 2025. This application is based upon and claims the benefit of priority from the prior Japanese Patent Application No. 2023-082104, filed on May 18, 2023, the entire contents of which are incorporated herein by reference. 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 4-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim 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. Claims 4-14 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Because claims 4-14 recite, “…. it is determined whether …. and it is determined that ….” , which render indefinite claimed invention scope. May be renders the claim indefinite by failing to point out that is being performed. Applicants are advised to amend the claim so solve the 112 rejection set forth in the claim. 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)(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. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsiao et al (US 20070136353 A1). With respect to claim 1, Hsiao et al teaches an importer that imports a plurality of structures each having at least one variable or array ([0029] structure to facilitate formation of data models and import and export FIG. 5. the export listing 44 any ordered listing, such as an array of data. [0022] The ordered listing of executable instructions, a data structure (e.g., instance variables)); wherein the importer determines an import order so as to import a structure that refers to another structure among the plurality of structures later than the another structure of the plurality of structures ([0038] to define the order of object export. to export independent objects before dependent objects to ensure that any future imported objects are imported in the proper order to preserve dependency), and imports the plurality of structures in the determined import order ([0058] parsed to create an import listing 46 (see FIG. 5). The import listing 46 is created to preserve object dependency by governing the order of import in a similar manner to how the use of the export listing 44 governs object export with the export listing 44, such that dependent objects and object definitions are presented after objects and definitions from which they depend, to enable an import order, and the import listing 46, to be determined. [0059] the import listing 46 and/or import order may be determined). With respect to claim 2, Hsiao et al teaches the importer determines an import order of the plurality of functions so as to import a function that refers to another function among the plurality of functions after the another function, and imports the plurality of functions in the determined import order ([0017] FIG. 7 functions operable to be performed by the present invention to import data for migration). With respect to claim 3, Hsiao et al teaches importer imports a program that refers to at least one of the functions, and the importer determines an import order of the program and a function referred to by the program so as to import the program after the function, and imports the program and the function in the determined import order ([0017] FIG. 7 functions operable to be performed by the present invention to import data for migration). With respect to claim 4, Hsiao et al teaches defining a function referred to from the program is not present in the plurality of import target files, it is determined whether the function has been imported to a library of an import destination, and when the function has been imported, an import order of the program and the function is determined, and when the function has not been imported, it is determined that the program is non-importable ([0017] FIG. 7 functions operable to be performed by the present invention to import data for migration). With respect to claim 5, Hsiao et al teaches when an import target file defining a function to be referred to for many of the plurality of functions is not present in the plurality of import target files, it is determined whether the function to be referred to has been imported into a library of an import destination, and when the function to be referred to has been imported, an import order of the plurality of functions is determined, and when the function to be referred to has not been imported, it is determined that the function that refers to the function to be referred to is non-importable ([0031] object data model schema 40 is not necessary, as pre-defined elements are not required to create, import). With respect to claim 6, Hsiao et al teaches when an import target file defining a function to be referred to from any of the plurality of functions is not present in the plurality of import target files, it is determined whether the function to be referred to has been imported into a library of an import destination, and when the function to be referred to has been imported, an import order of the plurality of functions is determined, and when the function to be referred to has not been imported, it is determined that the function that refers to the function to be referred to is non-importable ([0031] object data model schema 40 is not necessary, as pre-defined elements are not required to create, import). With respect to claim 7, Hsiao et al teaches importer imports the plurality of functions from a plurality of import target files each defining the plurality of functions, and when an import target file defining a function to be referred to from any of the plurality of functions is not present in the plurality of import target files, it is determined whether the function to be referred to has been imported into a library of an import destination, and when the function to be referred to has been imported, an import order of the plurality of functions is determined, and when the function to be referred to has not been imported, it is determined that the function that refers to the function to be referred to is non-importable ([0031] object data model schema 40 is not necessary, as pre-defined elements are not required to create, import, and/or export). With respect to claim 8, Hsiao et al teaches importer imports the plurality of structures from a plurality of import target files each defining the plurality of structures, and when an import target file defining a structure to be referred to from any of the plurality of structures is not present in the plurality of import target files, it is determined whether the structure to be referred to has been imported into a library of an import destination, and when the structure to be referred to has been imported, an import order of the plurality of structures is determined, and when the structure to be referred to has not been imported, it is determined that the structure that refers to the structure to be referred to is non-importable ([0031] object data model schema 40 is not necessary, as pre-defined elements are not required to create, import, and/or export the user documents 30). With respect to claim 9, Hsiao et al teaches when an import target file defining a structure to be referred to from any of the plurality of structures is not present in the plurality of import target files, it is determined whether the structure to be referred to has been imported into a library of an import destination, and when the structure to be referred to has been imported, an import order of the plurality of structures is determined, and when the structure to be referred to has not been imported, it is determined that the structure that refers to the structure to be referred to is non-importable ([0022] The ordered listing of executable instructions, a data structure (e.g., instance variables) and the operations (e.g., methods) that can use or affect that data.). With respect to claim 10, Hsiao et al teaches importer imports the plurality of structures from a plurality of import target files each defining the plurality of structures, and when an import target file defining a structure to be referred to from any of the plurality of structures is not present in the plurality of import target files, it is determined whether the structure to be referred to has been imported into a library of an import destination, and when the structure to be referred to has been imported, an import order of the plurality of structures is determined, and when the structure to be referred to has not been imported, it is determined that the structure that refers to the structure to be referred to is non-importable ([0017] FIG. 7 functions operable to be performed by the present invention to import data for migration). With respect to claim 11, Hsiao et al teaches when an import target file defining a structure to be referred to from any of the plurality of structures is not present in the plurality of import target files, it is determined whether the structure to be referred to has been imported into a library of an import destination, and when the structure to be referred to has been imported, an import order of the plurality of structures is determined, and when the structure to be referred to has not been imported, it is determined that the structure that refers to the structure to be referred to is non-importable ([0017] FIG. 7 functions operable to be performed by the present invention to import data for migration). With respect to claim 12, Hsiao et al teaches when an import target file defining a structure to be referred to from any of the plurality of structures is not present in the plurality of import target files, it is determined whether the structure to be referred to has been imported into a library of an import destination, and when the structure to be referred to has been imported, an import order of the plurality of structures is determined, and when the structure to be referred to has not been imported, it is determined that the structure that refers to the structure to be referred to is non-importable ([0038] the export listing 44 may be utilized in combination with step 102 to define the order of object, it is generally desirable to export independent objects before dependent objects to ensure that any future imported objects are imported in the proper order to preserve dependency). With respect to claim 13, Hsiao et al teaches when an import target file defining a structure to be referred to from any of the plurality of structures is not present in the plurality of import target files, it is determined whether the structure to be referred to has been imported into a library of an import destination, and when the structure to be referred to has been imported, an import order of the plurality of structures is determined, and when the structure to be referred to has not been imported, it is determined that the structure that refers to the structure to be referred to is non-importable ([0038] the export listing 44 may be utilized in combination with step 102 to define the order of object, it is generally desirable to export independent objects before dependent objects to ensure that any future imported objects are imported in the proper order to preserve dependency). With respect to claim 24, Hsiao et al teaches when an import target file defining a structure to be referred to from any of the plurality of structures is not present in the plurality of import target files, it is determined whether the structure to be referred to has been imported into a library of an import destination, and when the structure to be referred to has been imported, an import order of the plurality of structures is determined, and when the structure to be referred to has not been imported, it is determined that the structure that refers to the structure to be referred to is non-importable ([0038] the export listing 44 may be utilized in combination with step 102 to define the order of object, it is generally desirable to export independent objects before dependent objects to ensure that any future imported objects are imported in the proper order to preserve). With respect to claim 15, Hsiao et al teaches aggregate imported by the importer of the program, the plurality of functions, and the plurality of structures constitute a control program for controlling a control device ([0033] to export data for data migration is illustrated in FIG. 4. the blocks of the flow chart may represent a module segment or portion of code of the computer program of the present invention that comprises one or more executable instructions for implementing the specified logical function or functions). With respect to claim 16, Hsiao et al teaches aggregate imported by the importer of the program, the plurality of functions, and the plurality of structures constitute a control program for controlling a control device ([0033] to export data for data migration is illustrated in FIG. 4. blocks of the flow chart may represent a module segment or portion of code of the computer program of the present invention that comprises one or more executable instructions for implementing the specified logical function or functions). With respect to claim 17, Hsiao et al teaches aggregate imported by the importer of the program, the plurality of functions, and the plurality of structures constitute a control program for controlling a control device ([0033] to export data for data migration is illustrated in FIG. 4. flow chart may represent a module segment or portion of code of the computer program of the present invention that comprises one or more executable instructions for implementing the specified logical function or functions). With respect to claim 18, Hsiao et al teaches aggregate imported by the importer of the program, the plurality of functions, and the plurality of structures constitute a control program for controlling a control device ([0033] to export data for data migration is illustrated in FIG. 4. portion of code of the computer program of the present invention that comprises one or more executable instructions for implementing the specified logical function or functions). With respect to claim 19, Hsiao et al teaches aggregate imported by the importer of the program, the plurality of functions, and the plurality of structures constitute a control program for controlling a control device ([0033] to export data for data migration is illustrated in FIG. 4. Some of the blocks of the flow chart may represent a module segment or portion of code of the computer program of the present invention that comprises one or more executable instructions for implementing the specified logical function or functions). With respect to claim 20, Hsiao et al teaches aggregate imported by the importer of the program, the plurality of functions, and the plurality of structures constitute a control program for controlling a control device ([0033] to export data for data migration is illustrated in FIG. 4. Some of the blocks of the flow chart may represent a module segment or portion of code of the computer program of the present invention that comprises one or more executable instructions for implementing the specified logical function or functions). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ueda (US 20150261509 A1). COMPACT DATA MARSHALLER GENERATION. Considered for teachings related generally for compact data marshaller generation includes determining a plurality of data types having a same memory layout from data to be marshalled using a processor, each of the plurality of data types being associated with one or more separate data marshallers. The one or more separate data marshallers are unified to provide a single data marshaller for the plurality of data types for compact data marshaller generation. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISAAC M WOO whose telephone number is (571)272-4043. The examiner can normally be reached 9:00 to 5:00. 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, Tony Mahmoudi can be reached at 571-272-4078. 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. /ISAAC M WOO/ Primary Examiner, Art Unit 2163
Read full office action

Prosecution Timeline

Nov 17, 2025
Application Filed
Sep 24, 2026
Non-Final Rejection mailed — §102, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
91%
Grant Probability
98%
With Interview (+6.4%)
2y 3m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1309 resolved cases by this examiner. Grant probability derived from career allowance rate.

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