Prosecution Insights
Last updated: October 02, 2026
Application No. 18/158,229

DEVICE AND METHOD FOR DETERMINING A CONCENTRATION OF A TARGET GAS IN A MOBILE APPLICATION

Non-Final OA §103
Filed
Jan 23, 2023
Priority
Mar 08, 2022 — EU 22160921
Examiner
NGUYEN, LAM S
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Infineon Technologies AG
OA Round
3 (Non-Final)
79%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
79%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
1124 granted / 1426 resolved
+10.8% vs TC avg
Minimal +0% lift
Without
With
+0.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
68 currently pending
Career history
1476
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
46.7%
+6.7% vs TC avg
§102
33.4%
-6.6% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1426 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 . In response to the petition conference held on 9/8/2026, the restriction issued on 10/27/2025 is withdrawn and a new non-final rejection is being issued. As a result, all pending claims are included for further prosecution. Claim Rejections - 35 USC § 103 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) 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rangel et al. (GB 2545137) in view of Ruha (US 7319385) and Abrahamsson et al. (WO 2013/068873). Regarding to claims 16, 19-20: Rangel discloses a mobile device (FIG. 1: Device 26) comprising: a measurement module comprising a gas sensing device (FIG. 1: Sensors 29, 29’, 29”. Page 1, lines 15-20: The sensor arranged to sense environment parameters such as the level of components in the atmosphere (such as CO2, O2, O3, and other contaminants)); a communication module (FIG. 1, elements 40, 40’, 40”: The communication interface comprises a wired/wireless interface such Bluetooth RTM (page 5, lines 15-18 and page 20, lines 1-6)) configured for receiving information about a further concentration measurement of a target gas sensed by a further device (FIG. 1: Devices 28 or 30), the information about the further concentration measurement comprising an indication of a concentration minimum/range determined by the further device within a time interval, an indication of a further calibrated measurement value of the concentration of the target gas determined by the further device, or an indication of further measurement information obtained by the further device (page 10, line 20-26: The second sensor data from a selected sensor indicates the level of an environmental parameter); and a calibration module coupled with the measurement module and the communication module, the calibration module comprising a signal calibration unit configured to apply a calibration model to measurement information from the measurement module, wherein the calibration module is configured for revising the calibration information by scaling one or more parameters of the calibration information based on the indication of the concentration range or revising the calibration information comprising using the indication of the minimum concentration for revising a baseline value comprised in the calibration information, the baseline value being indicative of a constant calibration offset between a measurement value of the measurement information and the calibrated measurement value (FIG. 2, step 52: The first sensor data reads on the claimed measurement information. The second sensor data (56) reads on the claimed further concentration measurement. Page 21, lines 25-20: The revised, updated, calibration takes account of the first calibration data and also the second sensor data. Page 7, lines 4-27: The calibration is used for correcting systematic bias error, such as a zero error or offset. Beside, adjusting the data weight for the measured data for the purpose of calibration reads on the claimed scaling one or more parameters). Rangel however does not teach wherein the communication module of the device is configured for receiving information about a further concentration measurement of the target gas from the further device, and wherein the calibration module is in the same mobile device as the measurement module and the communication module (Regarding to claims 17-18, 20). Ruha discloses an operating of two or more mobile devices in an interactive session, wherein each mobile device is provided with one or more sensors (Abstract and FIG. 4 shows two mobile devices, and wherein during the interactive session, the data captured by the sensors of a mobile device is send via a wireless connection to the other mobile devices (Abstract). In other words, the mobile device is configured to receive sensing data captured (or measurement information obtained by the other device, in other words) and sent from another mobile device. Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Rangel’s system to configure the mobile devices so that they can share the sensing data directly to each other by short range radio according to the Bluetooth standard as disclosed Ruha (column 6, lines 25-31). Abrahamsson et al. discloses a mobile device comprising a communication module comprising short-range and long-range transceivers (FIG. 2, elements 20, 22), a measurement module having one or more sensors for providing sensing data (FIG. 2, elements 18), and a calibration module for calculating a calibration value to utilize in calibrating one or more the sensors in the remote devices, or in or more other devices (FIG. 2, element 12 and page 7, lines 18-20 and Abstract). Therefore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify the mobile device in Rangel’s system to also include the calibration module calibration module for calculating a calibration value to utilize in calibrating one or more the sensors in the remote devices, or in or more other devices as disclosed by Abrahamsson et al. (Abstract). Allowable Subject Matter Claims 1-15 are allowed over prior art. Regarding to claim 1: The primary reasons for the indication of the allowability of the claim is the inclusions therein, in combination as currently claimed, of the limitation that revising the calibration information by using the received information about the further concentration measurement in dependence on whether the inferred distance is below a threshold, wherein the inferred distance is a distance between the device and the further device by evaluating a signal strength of a signal received from the further device via a direct wireless communication path is neither disclosed nor taught by the cited prior art of record, alone or in combination. Claims 2-15 are allowed because they depend directly/indirectly on claim 1. Response to Arguments Applicant's arguments filed 7/27/2026 regarding to claims 16 and 19 have been fully considered but they are not persuasive. Please see the rejection above for newly citations and explanation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAM S NGUYEN whose telephone number is (571)272-2151. 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, DOUGLAS RODRIGUEZ, can be reached on 571-431-0716. 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 the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /LAM S NGUYEN/ Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Jan 23, 2023
Application Filed
Feb 24, 2026
Non-Final Rejection mailed — §103
Mar 30, 2026
Response Filed
May 28, 2026
Final Rejection mailed — §103
Jul 27, 2026
Response after Non-Final Action
Sep 16, 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
79%
Grant Probability
79%
With Interview (+0.2%)
2y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 1426 resolved cases by this examiner. Grant probability derived from career allowance rate.

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