Prosecution Insights
Last updated: October 26, 2026
Application No. 19/658,747

MAGNETIC TAPE, MAGNETIC TAPE CARTRIDGE, MAGNETIC TAPE SYSTEM, TEST METHOD, AND MANUFACTURING METHOD OF MAGNETIC TAPE

Non-Final OA §DP
Filed
Apr 27, 2026
Priority
Dec 11, 2023 — JP 2023-208703 +2 more
Examiner
HINDI, NABIL Z
Art Unit
2688
Tech Center
2600 — Communications
Assignee
Fujifilm Corporation
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
1y 4m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
939 granted / 1074 resolved
+25.4% vs TC avg
Moderate +9% lift
Without
With
+8.9%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 10m
Avg Prosecution
6 currently pending
Career history
1083
Total Applications
across all art units

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
24.5%
-15.5% vs TC avg
§102
56.3%
+16.3% vs TC avg
§112
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1074 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 . In response to applicant’s filing dated April 27, 2026. The following action is taken: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 1-8, 14, and 16-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, and 13-18 of U.S. Patent No. 12,682,928. Although the claims at issue are not identical, they are not patentably distinct from each other because all thought he claims are not identical the scope of the invention is encompassed and present in the Patent claims as shown bellow: Claim 1 of the present invention. A magnetic tape comprising: a plurality of servo bands, each having a plurality of servo patterns recorded along a longitudinal direction, arranged in a width direction, wherein an indicator indicating non-linearity of the servo pattern is within 15% or less of a track pitch, the track pitch is a pitch between a plurality of tracks formed by recording data on the magnetic tape by a recording element in accordance with a signal obtained from the plurality of servo patterns, the indicator indicates a degree of variation of a plurality of PES difference gaps from an average value of the plurality of PES difference gaps, the PES difference gap is a difference between a first PES difference and a second PES difference, the first PES difference being a difference in PES between a pair of first positions corresponding to each other in the width direction in a pair of servo patterns recorded at corresponding positions in the width direction between a pair of servo bands that span one or more of the servo bands in the width direction among the plurality of servo bands, the second PES difference being a difference in PES between a pair of second positions deviated from the pair of first positions in the width direction by a first predetermined interval in the pair of servo patterns, the plurality of PES difference gaps are obtained by measuring the PES difference gap in the pair of servo patterns for each second predetermined interval along the width direction, and the first predetermined interval is larger than the second predetermined interval. Claim 1 of the US Patent. A magnetic tape comprising: a plurality of servo bands, each having a plurality of servo patterns recorded along a longitudinal direction, are arranged in a width direction, wherein an indicator indicating non-linearity of the servo pattern is within 15% or less of a track pitch, the track pitch is a pitch between a plurality of tracks formed by recording data on the magnetic tape by a recording element in accordance with a signal obtained from the plurality of servo patterns ,the indicator indicates a degree of variation of a plurality of PES difference gaps from an average value of the plurality of PES difference gaps, the PES difference gap is a difference between a first PES difference and a second PES difference, the first PES difference being a difference in PES between a pair of first positions corresponding to each other in the width direction in a pair of servo patterns recorded at corresponding positions in the width direction between a pair of servo bands adjacent to each other in the width direction among the plurality of servo bands, the second PES difference being difference in PES between a pair of second positions deviated from the pair of first positions in the width direction by a first predetermined interval in the pair of servo patterns, the plurality of PES difference gaps are obtained by measuring the PES difference gap in the pair of servo patterns for each second predetermined interval along the width direction, and the first predetermined interval is larger than the second predetermined interval. . Claim 2 of the present invention. The magnetic tape according to claim 1, wherein the plurality of tracks are formed by recording the data in an SMR method by the recording element on the magnetic tape Claim2 of the US Patent. The magnetic tape according to claim 1, wherein the plurality of tracks are formed by recording the data in an SMR method by the recording element on the magnetic tape Claim 3 of the present invention The magnetic tape according to claim 1, wherein the indicator is a value corresponding to three times a standard deviation of the plurality of PES difference gaps. Claim 3 of the Patent. The magnetic tape according to claim 1 . wherein the indicator is a value corresponding to three times a standard deviation of the plurality of PES difference gaps. Claim 4 of the present invention. The magnetic tape according to claim 1, wherein the first predetermined interval is an interval closest to a reference interval that is a multiple of a natural number of the second predetermined interval and that corresponds to half of a difference between a recording element length, which is a length of the recording element in the width direction, and the track pitch. Claim 4 of the Patent. The magnetic tape according to claim1 wherein the first predetermined interval is a reference interval of a multiple of a natural number of the second predetermined interval and an interval that is closest to the reference interval corresponding to half of a difference between a recording element length, which is a length of the recording element in the width direction, and the track pitch. Claim 5 of the present invention. The magnetic tape according to claim 1, wherein the first predetermined interval is an interval corresponding to a multiple of natural number of 2 or more of the second predetermined interval Claim 5 of the Patent. The magnetic tape according to claim 1 wherein the first predetermined interval is an interval corresponding to 2 or more multiples of a natural number of the second predetermined interval. Claim 6 of the present invention. The magnetic tape according to claim 1, wherein the first predetermined interval is larger than the track pitch Claim 6 of the Patent. The magnetic tape according to claim 1 wherein the first predetermined interval is larger than the track pitch. Claim 7 of the present invention. The magnetic tape according to claim 1, wherein the indicator is within 10% or less of the track pitch Claim 7 of the Patent. The magnetic tape according to claim 1, wherein the indicator is within 10% or less of the track pitch Claim 8 of the present invention. The magnetic tape according to claim 1, wherein the indicator is within 5% or less of the track pitch. Claim 8 of the Patent. The magnetic tape according to claim 1, wherein the indicator is within 5% or less of the track pitch. Claim 14 of the present invention. The magnetic tape according to claim 1, wherein the servo pattern is at least one linear magnetization region pair, the linear magnetization region pair is a first linear magnetization region linearly magnetized and a second linear magnetization region linearly magnetized, the first linear magnetization region and the second linear magnetization region are inclined in opposite directions with respect to an imaginary straight line along the width direction, and the first linear magnetization region has a steeper inclination angle with respect to the imaginary straight line than the second linear magnetization region has. Claim 13 of the Patent. The magnetic tape according to claim 1 wherein the servo pattern is at least one linear magnetization region pair, the linear magnetization region pair is a first linear magnetization region linearly magnetized and a second linear magnetization region linearly magnetized, the first linear magnetization region and the second linear magnetization region are inclined in opposite directions with respect to an imaginary straight line along the width direction, and the first linear magnetization region has a steeper inclination angle with respect to the imaginary straight line than the second linear magnetization region has. Claim 16 of the present invention. A magnetic tape cartridge comprising: the magnetic tape according to claim 1; and a case in which the magnetic tape is accommodated. Claim 14 of the Patent. A magnetic tape cartridge comprising: the magnetic tape according to claim 1; and a case in which the magnetic tape is accommodated. Claim 17 of the present invention. A magnetic tape system comprising: the magnetic tape according to claim 1; and a magnetic head that performs recording of data on the magnetic tape and/or reproduction of data recorded on the magnetic tape. Claim 15 of the Patent. A magnetic tape system comprising: the magnetic tape according to claim 1; and a magnetic head that performs recording of data on the magnetic tape and/or reproduction of data recorded on the magnetic tape. Claim 18 of the present invention. A test method comprising: acquiring the indicator from the magnetic tape according to claim 1; and testing the magnetic tape using the indicator. Claim 16 of the Patent. A test method comprising: acquiring the indicator from the magnetic tape according to claim 1; and testing the magnetic tape using the indicator. Claim 19 of the present invention. The test method according to claim 18, wherein the testing of the magnetic tape includes testing linearity of the servo pattern using the indicator Claim 17 of the Patent. The test method according to claim 18, wherein the testing of the magnetic tape includes testing linearity of the servo pattern using the indicator Claim 20 of the present invention. A manufacturing method of a magnetic tape including a plurality of servo bands, each having a plurality of servo patterns recorded along a first longitudinal direction, arranged in a width direction, the manufacturing method comprising: installing a servo write head that has an opposing surface, which is a surface opposing a recording surface of the magnetic tape in a case where the plurality of servo patterns are recorded along the first longitudinal direction, and a plurality of gap patterns, which are formed on the opposing surface at intervals along a second longitudinal direction and correspond to the plurality of servo patterns, in a posture in which the recording surface and the plurality of gap patterns oppose each other; and recording the plurality of servo patterns on the recording surface along the first longitudinal direction by using the servo write head installed in the posture, to form the plurality of servo bands on the recording surface, wherein an indicator indicating non-linearity of the servo pattern is within 15% or less of a track pitch, the track pitch is a pitch between a plurality of tracks formed by recording data on the magnetic tape by a recording element in accordance with a signal obtained from the plurality of servo patterns, the indicator indicates a degree of variation of a plurality of PES difference gaps from an average value of the plurality of PES difference gaps, the PES difference gap is a difference between a first PES difference and a second PES difference, the first PES difference being a difference in PES between a pair of first positions corresponding to each other in the width direction in a pair of servo patterns recorded at corresponding positions in the width direction between a pair of servo bands that span one or more of the servo bands in the width direction among the plurality of servo bands, the second PES difference being a difference in PES between a pair of second positions deviated from the pair of first positions in the width direction by a first predetermined interval in the pair of servo patterns, the plurality of PES difference gaps are obtained by measuring the PES difference gap in the pair of servo patterns for each second predetermined interval along the width direction, and the first predetermined interval is larger than the second predetermined interval. Claim 18 of the Patent. A manufacturing method of a magnetic tape in which a plurality of servo bands, each having a plurality of servo patterns are recorded along a first longitudinal direction are arranged in a width direction, the manufacturing method comprising: installing a servo write head having an opposing surface, which is a surface facing a recording surface of the magnetic tape in a case where the plurality of servo patterns are recorded along the first longitudinal direction and a plurality of gap patterns, which are formed on the opposing surface at intervals along a second longitudinal direction and correspond to the plurality of servo patterns, in a posture in which the recording surface and the plurality of gap patterns face each other; and recording the plurality of servo patterns on the recording surface along the first longitudinal direction by using the servo write head installed in the posture, to form the plurality of servo bands on the recording surface, wherein an indicator indicating non-linearity of the servo pattern is within 15% or less of a track pitch, the track pitch is a pitch between a plurality of tracks formed by recording data on the magnetic tape by a recording element in accordance with a signal obtained from the plurality of servo patterns, the indicator indicates a degree of variation of a plurality of PES difference gaps from an average value of the plurality of PES difference gaps, the PES difference gap is a difference between a first PES difference and a second PES difference, the first PES difference being a difference in PES between a pair of first positions corresponding to each other in the width direction in a pair of servo patterns recorded at corresponding positions in the width direction between a pair of servo bands adjacent to each other in the width direction among the plurality of servo bands, the second PES difference being difference in PES between a pair of second positions deviated from the pair of first positions in the width direction by a first predetermined interval in the pair of servo patterns, the plurality of PES difference gaps are obtained by measuring the PES difference gap in the pair of servo patterns for each second predetermined interval along the width direction, and the first predetermined interval is larger than the second predetermined interval. It is obvious to one of skilled in the conclude the limitations cited in the present invention are present and encompassed within each of the corresponding claims in the Patent as stated above. Claim Objections Claims 9-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The cited prior art does not show or teach a magnetic tape wherein four or more servo bands are arranged as the plurality of servo bands in the width direction, and the indicator is obtained for each of all the pairs of servo bands that span one or more of the servo bands in the width direction. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIL Z HINDI whose telephone number is (571)272-7618. The examiner can normally be reached on MON-FRI from 5:30 AM to 1:30 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim, can be reached at telephone number 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice. /NABIL Z HINDI/Primary Examiner, Art Unit 2688
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Prosecution Timeline

Apr 27, 2026
Application Filed
Oct 01, 2026
Non-Final Rejection mailed — §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
96%
With Interview (+8.9%)
1y 10m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1074 resolved cases by this examiner. Grant probability derived from career allowance rate.

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