Prosecution Insights
Last updated: August 06, 2026
Application No. 18/028,329

DEVICE FOR SUBSTANCE EXCHANGE AND METHOD FOR THE PRODUCTION THEREOF

Final Rejection §102§103
Filed
Mar 24, 2023
Priority
Sep 25, 2020 — DE 102020125108.4 +1 more
Examiner
PATEL, PRANAV N
Art Unit
1777
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Enmodes GmbH
OA Round
2 (Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
448 granted / 654 resolved
+3.5% vs TC avg
Strong +22% interview lift
Without
With
+21.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
37 currently pending
Career history
694
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
53.3%
+13.3% vs TC avg
§102
14.2%
-25.8% vs TC avg
§112
27.3%
-12.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 654 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over McBurney et al. (WO 01/05449A1), in view of Mishkin et al. (US 2018/0028739A) and Zhang (CN 201744280U, refer attached English language machine translation for claim mapping). Regarding claim 1, McBurney teaches a device for substance exchange between a first medium and a second medium (refer fig. 1 disclosing exchange between blood 156 and air 160), comprising PNG media_image1.png 598 794 media_image1.png Greyscale a housing element (108), a hollow fiber bundle comprising substance-permeable hollow fibers (refer 112) carried on a winding core (116), the hollow fiber bundle arranged in the housing element (Refer fig. 1), the hollow fiber bundle extending axially between axial ends of the housing element and potted with potting compound (124) at respective axial end regions thereof, the potting compound (124) being situated between the hollow fibers at the axial end regions of the hollow fiber bundle (refer fig. 1, page 6-lines 17-21), and the hollow fiber bundle configured to conduct flow of the first medium around the hollow fibers (156 flows around the fibers) and flow of the second medium (160) through the hollow fibers (through lumens of the hollow fiber), the device further comprising, at at least one of the axial ends of the housing (108), a cover element (300, refer fig. 3) closing the axial end of the housing (reer fig. 3), the cover element having a media connection in fluidic communication with axially open ends of the hollow fibers (refer fig. 3 indicating inlet for 160), and at at least one of the axial ends of the housing element closed by the cover element, an outer sealing ring (Refer portion of potting material 124 having projected portion conforming curved shape of housing element 108) surrounding the hollow fiber bundle, the outer sealing ring is formed from and integral with the potting compound (Refer fig. 1) situated between the hollow fibers, the outer sealing ring extending in the radial direction between axial end faces of the housing element and of the cover element and is compressed between these (refer fig. 1 indicating the potting compound having flange portion extending radially towards 168; the cover element 300 adjoins the potting compound and end of cylindrical housing 108). McBurney does not teach that the device comprises a plug abutting against or integral with the cover element and also abutting against an axial end of the winding core proximal to the cover element. Mishkin teaches a device comprising bundles of hollow fibers membranes for substance exchange between two fluids (Refer abstract), the device comprises a cover element (fig. 4) comprising a plug (projection portion in center) that abuts with common wall (20) of housing providing a mating connection and delimiting a chamber (Refer [0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to modify the device of McBurney to provide a plug integral with the cover element abutting against the core element to secure connection between two adjacent structures as taught by Mishkin. McBurney discloses that the potting material (124) extends between housing walls and connects with hollow core (116) (Refer fig. 1). McBurney does not teach that at at least one of axial ends of the winding core closed by the cover element, an inner sealing ring arranged on an inner circumference of the hollow- fiber bundle the inner sealing ring being formed from and integral with the potting compound situated between the hollow fibers, and extends in the radial direction between axial end faces of the winding core and of the plug and being compressed between these. Zhang teaches a device comprising housing (1) having hollow fiber membranes (4) surrounding a core (33a), potting material (10) provided at axial ends of the hollow fibers, and cover elements (3) provided at axial ends of the housing (refer fig. 2). The potting material comprises axially extending seal corresponding to grooves/slots (6a) of the core (33a) to prevent sliding of the hollow fiber bundle (refer [0041]). Zhang also teaches that the potting material comprises axially extending seal corresponding to grooves/slots (6) of the housing (1) to prevent hollow fiber bundle from sliding relative to cylinder (refer [0034]). PNG media_image2.png 642 364 media_image2.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the device of modified McBurney to provide an inner sealing ring arranged on an inner circumference of the hollow- fiber bundle the inner sealing ring being formed from and integral with the potting compound situated between the hollow fibers, and extends in the radial direction between axial end faces of the winding core and of the plug and being compressed between these to prevent the bundle from sliding relative to the housing as taught by Zhang. Regarding claim 3, modified McBurney teaches limitations of claim 1 as set forth above. McBurney discloses that the potting compound is formed by an elastomer (refer Col. 6 – L31-34 disclosing polyurethane which is an elastomer). Regarding claim 4, modified McBurney teaches limitations of claim 1 as set forth above. Zhang discloses that the axial end face of the housing element (1) has radially inwardly, an axially and radially inwardly open access (grooves/recess alongside projections 6) in which the outer sealing ring lies compressed (refer fig. 2). Regarding claim 5, modified McBurney teaches limitations of claim 1 as set forth above. Zhang discloses that an axial, annular projection is arranged radially inwardly on one of the end faces of housing element (refer projections 6 and recesses) and lies at least in part in the axially open recess in the end face of the opposite element (refer projections 6 and recesses), or an axial, annular projection is arranged radially outwardly on one of the end faces of the winding core (refer projections and recesses 6a), which projection lies at least in part in the axially open recess in the end face of the opposite element (refer fig. 2). Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over McBurney et al. (WO 01/05449A1), in view of Mishkin et al. (US 2018/0028739A) and Zhang (CN 201744280U, refer attached English language machine translation for claim mapping) as applied to claim 1 above, and further in view of Elgas (US 5718871). Regarding claim 6, modified McBurney teaches limitations of claim 1 as set forth above. modified McBurney does not teach that the outer sealing ring is extended in a radial direction outward beyond the projection and overhangs it and, by a stepped region at the recess of the opposite element, is bent axially into a region which is arranged set back radially outwardly from the projection and axially behind the projection. Elgas teaches a device comprising hollow fiber membrane potted in a resin and sealed to a housing (refer abstract, fig. 3), wherein the potting portion is extended in a radial direction outward beyond a projection and overhangs it and, by a stepped region at a recess of an opposite element, is bent axially into a region which is arranged set back radially outwardly from the projection and axially behind the projection (refer fig. 3 and fig. 4 indicating potting material extending over and overhanging end portion of housing wall 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of invention to modify the device of modified McBurney wherein the outer sealing ring is extended in a radial direction outward beyond the projection and overhangs it and, by a stepped region at the recess of the opposite element, is bent axially into a region which is arranged set back radially outwardly from the projection and axially behind the projection to provide a superior sealing as taught by Elgas. Response to Arguments Applicant's arguments filed 03/13/2026 have been fully considered but they are not persuasive. Regarding rejection of claim 1 under 35 USC 102 as being anticipated by McBruney, applicant argued: PNG media_image3.png 300 806 media_image3.png Greyscale This is not found to be persuasive because in order to attach cover (300) to the housing since gas is supplied through the cap and without a seal, gas would escape. PNG media_image4.png 272 842 media_image4.png Greyscale The outer sealing ring of the potting material comprises a groove in which a projection portion of the cover is inserted and therefore a compression of the potting material by the projection and other parts of the cover is implied. Radial inner sealing ring is taught by Zhang (refer claim rejection above). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. JP 05049875 teaches a device comprising hollow fiber membranes wherein potting material comprises projections and housing comprises grooves corresponding to the projections of the potting material to create a seal. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRANAV PATEL whose telephone number is (571)272-5142. The examiner can normally be reached M-F 6AM-4PM. 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, Bobby Ramdhanie can be reached at (571) 270-3240. 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. /PRANAV N PATEL/ Primary Examiner, Art Unit 1777
Read full office action

Prosecution Timeline

Mar 24, 2023
Application Filed
Jan 07, 2026
Non-Final Rejection mailed — §102, §103
Mar 13, 2026
Response Filed
May 27, 2026
Final Rejection mailed — §102, §103 (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

3-4
Expected OA Rounds
68%
Grant Probability
90%
With Interview (+21.9%)
2y 11m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 654 resolved cases by this examiner. Grant probability derived from career allowance rate.

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