Prosecution Insights
Last updated: July 17, 2026
Application No. 18/088,205

CHROMATOGRAPHIC ANALYZER AND PROGRAM FOR CHROMATOGRAPHIC ANALYSIS

Non-Final OA §103
Filed
Dec 23, 2022
Priority
Feb 24, 2022 — JP 2022-026604
Examiner
QUIGLEY, KYLE ROBERT
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SHIMADZU Corporation
OA Round
3 (Non-Final)
54%
Grant Probability
Moderate
3-4
OA Rounds
2m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
258 granted / 481 resolved
-14.4% vs TC avg
Strong +33% interview lift
Without
With
+32.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
50 currently pending
Career history
542
Total Applications
across all art units

Statute-Specific Performance

§101
10.7%
-29.3% vs TC avg
§103
73.5%
+33.5% vs TC avg
§102
6.1%
-33.9% vs TC avg
§112
7.6%
-32.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 481 resolved cases

Office Action

§103
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 . The rejections from the Office Action of 9/16/2025 are hereby withdrawn. New grounds for rejection are presented below. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/16/2025 has been entered. Claim Rejections - 35 USC § 103 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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 1, 3-6, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimadzu, Multi-analyte Quantitation Software LabSolutions Insight, 2015 [hereinafter “Shimadzu”] and JDH, Is there a way to delete everything except what is selected in Excel, superuser.com, 12.20.2012 [hereinafter “JDH”](available at: https://superuser.com/questions/521843/is-there-a-way-to-delete-everything-except-what-is-selected-in-excel). Regarding Claims 1 and 6, Shimadzu discloses a chromatographic analyzer (and corresponding software inherently stored in memory) configured to perform a measurement on a plurality of compounds for each of a plurality of samples [Page 2 – “With LabSolutions Insight software, quantitative results for a complete series of data files can be displayed side-by-side for comparison and QC review. All of the chromatograms for a selected target compound can be displayed simultaneously, making it easy to review the detected peaks and confirm the quantitative results.”], comprising: a data-analysis processor [System depicted on Page 4] configured to calculate, for each sample, a plurality of pieces of numerical information which are results of data analysis on the plurality of compounds, based on data obtained by a measurement [See the data table depicted at the top of Page 2.Page 2 – “When used in conjunction with one of Shimadzu’s application-specific GC/MS Databases and LC/MS/MS Method Packages, LabSolutions Insight allows users to process data files, and perform QA/QC data review for all samples in one easy, seamless workflow.”]; a table creator configured to create a two-dimensional table [See the data table depicted at the top of Page 2.] by arranging a plurality of sample identifiers which identify the plurality of samples in one of horizontal and vertical directions of the table [Page 2, sample numbers: PNG media_image1.png 97 947 media_image1.png Greyscale … PNG media_image2.png 39 1543 media_image2.png Greyscale ] and a plurality of compound identifiers which identify the plurality of compounds in the other direction [Page 2, chemicals: PNG media_image3.png 420 368 media_image3.png Greyscale ], as well as assigning one of the plurality of pieces of numerical information obtained for a combination of one sample and one compound to a cell of the table corresponding to the combination [Page 2: PNG media_image4.png 273 1039 media_image4.png Greyscale ]; and a cell selection receiver configured to display the table on a screen of a display section and receive an operation on the displayed table, the operation being performed by a user for selecting cells [Page 3 – “The example below illustrates how an orange flag was set to identify moldy odor compound concentrations that exceeded a defined cautionary limit of 1.0 ppt (part-per-trillion), and a red flag was used as a warning to identify those which had exceeded 10 ppt. In the figure below, quantitative results are tabulated at the top of the screen, while the bottom of the screen simultaneously displays peak identification and integration. Both views include the color-coded flags.”]. Shimadzu fails to disclose a selected information outputter configured to output or display a plurality of pieces of the numerical information in the cells selected by the operation received by the cell selection receiver, in a format of a table which contains, only in cells corresponding to the cells selected by the operation received by the cell selection receiver, the plurality of pieces of the numerical information in the cells selected by the operation received by the cell selection receiver along with the sample identifiers and the compound identifiers corresponding to the cells selected by the operation received by the cell selection receiver, and which has no numerical information in other cells. However, JDH discloses that copying cells of interest and pasting them into a new (blanked) document is an effective manner for highlighting cells of interest [Page 1 – “Is there a way to delete everything except what is selected in Excel?”Page 1 – “Is there a sneaky way to select that tab, or part of the contents of that tab and then delete all except selected?”Page 1 – “Answer: It seems that the fastest way would be to copy/paste the selected section in a new blank sheet.”]. It would have been obvious to automate the performance of such steps in order to allow for a simple manner of presenting data of interest. It would have been obvious to retain column and row identifiers while doing so in order to present the selected cell data in a manner which could be more readily understood. Regarding Claims 3 and 8, Shimadzu discloses a report creator configured to create a report in a predetermined format, wherein the selected information outputter is configured to output (for receipt and use) the plurality of pieces of the numerical information of the selected cells as well as the corresponding sample identifiers and compound identifiers to the report creator, and the report creator creates a report including the plurality of pieces of the numerical information of the cells as well as the corresponding sample identifiers and compound identifiers [Page 3: PNG media_image5.png 342 882 media_image5.png Greyscale Sample number and compound are displayed alongside the results.]. Regarding Claims 4 and 9, Shimadzu discloses that the report creator is configured to create a report including peak waveforms of chromatograms corresponding to the plurality of pieces of information of the numerical information [Page 2 – “All of the chromatograms for a selected target compound can be displayed simultaneously, making it easy to review the detected peaks and confirm the quantitative results. Color-coded QA/QC flags quickly identify any outliers that require further examination. Results can be displayed in a variety of ways, allowing users to select the view that is best suited for their workflow, and when necessary, peaks can be re-integrated and re-quantified directly from LabSolutions Insight.”]. Regarding Claims 5 and 10, Shimadzu discloses an output format setter configured to receive a selection of a mode by a user from a plurality of modes including a mode for outputting the numerical information corresponding to a selected cell, a mode for outputting the numerical information corresponding to a selected sample, and a mode for outputting the numerical information corresponding to a selected compound [Page 2 – “Results can be displayed in a variety of ways, allowing users to select the view that is best suited for their workflow”], wherein the selected information outputter outputs information including the numerical information according to the selected mode [Page 3: PNG media_image5.png 342 882 media_image5.png Greyscale Sample number and compound are displayed alongside the numerical information.]. Claim(s) 2 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimadzu, Multi-analyte Quantitation Software LabSolutions Insight, 2015 [hereinafter “Shimadzu”]; JDH, Is there a way to delete everything except what is selected in Excel, superuser.com, 12.20.2012 [hereinafter “JDH”](available at: https://superuser.com/questions/521843/is-there-a-way-to-delete-everything-except-what-is-selected-in-excel); and Lin et al. (US 20070101273 A1)[hereinafter “Lin”]. Regarding Claims 2 and 7, Shimadzu fails to disclose an operation section configured to allow a user to indicate any position on the screen of the display section by a clicking operation by a user at positions corresponding to the cells, wherein the cell selection receiver is configured to receive the clicking operation using the operation section on the displayed table for the selecting of the cells. However, Lin discloses the use of a clicking operation to allow a user to display corresponding chromatography information [See Figs. 3 and 4 and Paragraph [0059] – “The expanded plate view selection GUI 41 includes a plate view summary section 45 that includes a number of sample data boxes 47, each representing a different plate (or sample) that was processed by the LC/MS system, and each providing a summary of information about the plate or sample. By clicking on each of the sample data boxes 47 a user can then open a separate display screen for viewing the specific data for the plate or sample represented by the corresponding sample data box 47.”]. It would have been obvious to allow a user to click on sample/compound data for corresponding display because doing so would have been an effective manner of allowing a user to view the data processing results. Response to Arguments Applicant argues: PNG media_image6.png 481 858 media_image6.png Greyscale Examiner’s Response: The corresponding objections are hereby withdrawn. Applicant argues: PNG media_image7.png 131 856 media_image7.png Greyscale PNG media_image8.png 279 864 media_image8.png Greyscale PNG media_image9.png 435 861 media_image9.png Greyscale Examiner’s Response: The Examiner respectfully disagrees. Shimadzu discloses an operation (setting of thresholds for producing cell flags) that was inherently performed by a “user” [Page 3 – “The example below illustrates how an orange flag was set to identify moldy odor compound concentrations that exceeded a defined cautionary limit of 1.0 ppt (part-per-trillion), and a red flag was used as a warning to identify those which had exceeded 10 ppt.”]. Applicant argues: PNG media_image10.png 384 855 media_image10.png Greyscale PNG media_image11.png 332 862 media_image11.png Greyscale Examiner’s Response: JDH is not relied on regarding the selection of the cells. Applicant argues: PNG media_image12.png 337 858 media_image12.png Greyscale PNG media_image13.png 438 866 media_image13.png Greyscale PNG media_image14.png 133 862 media_image14.png Greyscale PNG media_image15.png 331 864 media_image15.png Greyscale Examiner’s Response: The Examiner respectfully disagrees. Shimadzu discloses the table containing the selected cells [Page 2: PNG media_image4.png 273 1039 media_image4.png Greyscale ]. The table has the basic form of a typical Microsoft Excel spreadsheet. JDH teaches copying/pasting selected sections of a Microsoft Excel spreadsheet into a new blank sheet [Page 1 – “Is there a way to delete everything except what is selected in Excel?”Page 1 – “Is there a sneaky way to select that tab, or part of the contents of that tab and then delete all except selected?”Page 1 – “Answer: It seems that the fastest way would be to copy/paste the selected section in a new blank sheet.”]. Doing so with the selected cells from Shimadzu would result in the cells having the same positional relationship (not that this is recited by Claim 1) that they had relative to each other prior to the copy/paste and with all other cells blanked. Applicant argues: PNG media_image16.png 583 861 media_image16.png Greyscale Examiner’s Response: The Examiner respectfully disagrees. See the explanation per the grounds for rejection above. Applicant argues: PNG media_image17.png 437 854 media_image17.png Greyscale Examiner’s Response: The Examiner respectfully disagrees. JDH discloses selecting the cells of interest and that all other cells become blanked [Page 1 – “Is there a way to delete everything except what is selected in Excel?”Page 1 – “Is there a sneaky way to select that tab, or part of the contents of that tab and then delete all except selected?”Page 1 – “Answer: It seems that the fastest way would be to copy/paste the selected section in a new blank sheet.”]. It would have been obvious to automate the performance of such steps in order to allow for a simple manner of presenting data of interest (per Shimadzu). Applicant argues: PNG media_image18.png 635 864 media_image18.png Greyscale PNG media_image19.png 736 861 media_image19.png Greyscale Examiner’s Response: The Examiner respectfully disagrees. Lin discloses the use of a clicking operation to allow a user to display corresponding chromatography information [See Figs. 3 and 4 and Paragraph [0059] – “The expanded plate view selection GUI 41 includes a plate view summary section 45 that includes a number of sample data boxes 47, each representing a different plate (or sample) that was processed by the LC/MS system, and each providing a summary of information about the plate or sample. By clicking on each of the sample data boxes 47 a user can then open a separate display screen for viewing the specific data for the plate or sample represented by the corresponding sample data box 47.”]. It would have been obvious to allow a user to click on sample/compound data for corresponding display because doing so would have been an effective manner of allowing a user to view the data processing results. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20090008542 A1 – Chromatograph Mass Spectrometer Any inquiry concerning this communication or earlier communications from the examiner should be directed to KYLE ROBERT QUIGLEY whose telephone number is (313)446-4879. The examiner can normally be reached 9AM-5PM EST. 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, Arleen Vazquez can be reached at (571) 272-2619. 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. /KYLE R QUIGLEY/Primary Examiner, Art Unit 2857
Read full office action

Prosecution Timeline

Dec 23, 2022
Application Filed
Jun 06, 2025
Non-Final Rejection mailed — §103
Sep 05, 2025
Response Filed
Sep 16, 2025
Final Rejection mailed — §103
Dec 16, 2025
Response after Non-Final Action
Jan 16, 2026
Request for Continued Examination
Jan 26, 2026
Response after Non-Final Action
May 21, 2026
Non-Final Rejection mailed — §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
54%
Grant Probability
86%
With Interview (+32.9%)
3y 9m (~2m remaining)
Median Time to Grant
High
PTA Risk
Based on 481 resolved cases by this examiner. Grant probability derived from career allowance rate.

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