Prosecution Insights
Last updated: July 17, 2026
Application No. 18/267,629

USING MACHINE LEARNING ALGORITHMS TO AUTOMATICALLY DETERMIME EXPOSURE IN GAS DETECTION TUBES

Final Rejection §103
Filed
Jun 15, 2023
Priority
Dec 16, 2020 — provisional 63/126,143 +1 more
Examiner
TIMILSINA, SHARAD
Art Unit
2857
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Drägerwerk AG & Co. KGaA
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
121 granted / 156 resolved
+9.6% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
32 currently pending
Career history
190
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
79.6%
+39.6% vs TC avg
§102
2.0%
-38.0% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 156 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 . Response to Amendment/Argument Amendment and argument filed on 03/25/2026 are considered. Claims 1, 2, 4, 5, 7, 12, 14-16, 25 and 29 are amended. Rejection under 35 U.S.C 102: Applicant argument is persuasive. Therefore, the rejection is withdrawn. Further search and consideration found prior art Ahmad et al US 20190231222 A1 teaching camera and use of pixel for gas detection in a tube. Therefore, Ahmad is applied in combination with previously applied prior arts to reject the independent and dependent claims below. Claim Objections Claim 1 objected to because of the following informalities: claim 1 should be recited as “a. Appropriate correction is required. 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) 1-4, 10, 12-15, 21, 24, 25, 26, 29, 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Truex US 20120063956 A1 in view of Ahmad et al US 20190231222 A1 herein after Ahmad. Regarding claim 1, Truex teaches, A gas sampling system, comprising: a receptacle configured to receive a gas detection tube (para [0028] FIG. 4 is a perspective view of piston pump unit connected to a gas detector with tube reader and gas detector tube secured in the holder) Here examiner views holder as a receptacle that is configured to receive a gas detection tube, the gas detection tube comprising an inlet for receiving a gas sample, the gas detection tube further comprising an interior cavity into which the gas sample flows (para [0033] As the gas comprising target gases is drawn through an inlet of the gas detector tube,) Here examiner views the gas detector tube with inlet where gas is drawn (i.e., flown or gas flows) is viewed to have an inside cylindrical hole or interior cavity , the interior cavity containing at least one reagent material that reacts with a target gas to cause a visual change with a stain length corresponding to a concentration level of the target gas (para [0033] the chemical reagent near the inlet will begin to change color and, if the concentration of the target gases is with the readable range of the gas detector tube…The length of the color change of the reagent (“length of stain”) within the tube will correspond to the total amount of the target gases that were passed through the gas detector tube. In a known volume of gas is passed through the tube, a concentration of the target gases may be determined) From above paragraphs, Examiner views the inlet with inside or interior cavity of the tube contain a reagent material that react with a target gas. The reaction causes a visual change having a stain length that corresponds to a concentration level of the target gas; Truex does not clearly teach a camera to generate photographic images of the gas detection tube during a sampling period; and at least one processor configured to receive the photographic images comprising pixel data from the camera analyze the pixel data from the photographic images for the visual change corresponding to the gas detection tube, and determine the concentration level of the target gas based on the stain length of the visual change based on pixel data Ahmad teaches a camera to generate photographic images of the gas detection tube during a sampling period (para [0438] A camera is especially well-suited to systems where multiple interactants are to be sensed due to the additional power afforded by both a wide spectral range, a degree of spectral sensitivity (images are captured onto red, green, and blue pixels) In Fig. 49 examiner views digital camera 490 generates images of the reaction zone 462 (i.e., gas detection tube) during sampling period. and at least one processor configured to receive the photographic images comprising pixel data from the camera (From paragraph [0438] examiner views photographic images have pixel data, red, green and blue pixel), analyze the pixel data from the photographic images for the visual change corresponding to the gas detection tube (para [0432] The optical subsystem may be single use or it may be used multiple times. The optical subsystem may also comprise an array of optical sensors that work in tandem to measure the optical change. para [0562] After a period of 1 to 3 minutes, a blue color bar appears if acetone is present at levels above 0.1 ppm. The length of the color bar increases with increasing concentrations of acetone. [0595] After approximately 3 minutes, an image is taken of the reactive zone through the optical sensing zone and the amount of color formation is used to estimate the concentration of acetone that was in the breath sample). From above paragraph examiner views the analyzed pixel data (i.e., color bar) from the photographic image for the color bar increase (i.e., visual change) corresponding to the reactive zone of breath sample (i.e., gas detection tube). and determine the concentration level of the target gas based on the stain length of the visual change based on pixel data (para [0565] A dark yellow stain, whose length is concentration dependent, indicates the presence of acetone. [0595] After approximately 3 minutes, an image is taken of the reactive zone through the optical sensing zone and the amount of color formation is used to estimate the concentration of acetone that was in the breath sample). From above paragraph examiner views the concentration level of acetone (i.e., target gas) is determined based on the stain length of the color change information based on the image color information (i.e., pixel data). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ahmad into Truex for the purpose of using a pixel information of the image of a gas detector tube taken by a camera to determine a concentration of gas in the detector tube so that the accurate determination of a target gas is achieved. Regarding claim 2, the combination of Truex and Ahmad teach, the gas sampling system of claim 1, wherein: Truex teaches the at least one processor is configured to monitor for a reading time and, wherein the reading time corresponds to a desired exposure time of the at least one reagent material to the gas sample. [0067] Once the pump is activated and the air start flowing trough the tube the reagent layer 15 will start changing with the first portions of the substance of interest… processed to compensate optically read signal from the colorimetric tube and read such signal according to genuine calibration curve. Para [0092] The CPU uses the time laps corresponding to points B/B1 to generate estimated concentration data, based on preliminary exposure data transferred by optical code 17.) Here examiner views the computer with CPU (i.e., processor) which uses a time laps is configured to monitor a exposure range or data (i.e., reading time) of a reagent material to the sample gas and control (i.e., time laps) the imaging device (i.e., optical reader) to capture images at or during the reading time. The start of the pump for gas flow to reagent is viewed to be the beginning of reading time during which the reagent is desired to be exposed to the gas Ahmad teaches control the camera to capture a sample image at the reading time (para 0494] Referring to FIG. 48, system 410 further comprises a processor 494 disposed within the interior of base 440 and operatively coupled to digital camera 490 to receive the signal from it. [0501] During the development time, the LED is turned on and the camera takes an image, which is analyzed to generate a result.) and the analyzed pixel data corresponds to the sample image (para [0562] After a period of 1 to 3 minutes, a blue color bar appears if acetone is present at levels above 0.1 ppm. The length of the color bar increases with increasing concentrations of acetone. [0595] After approximately 3 minutes, an image is taken of the reactive zone through the optical sensing zone and the amount of color formation is used to estimate the concentration of acetone that was in the breath sample). From above paragraph examiner views the camera is controlled by the processor 494 to capture images during the development or reading time of sample gas to generate sample image color pixel result. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ahmad into Truex for the purpose of using camera to captures images during the reading time and analyze the captured images based on the pixel, so that the reaction inside the tube can be accurate analyzed. Regarding claim 3, the combination of Truex and Ahmad teach the gas sampling system of claim 2, Truex teaches wherein the at least one processor is configured to monitor for the reading time based on a timer initialized at a start of the sampling period (Para [0049] The visually readable information may include, but is not limited to, type of tube, range of exposure. Para [0093] The CPU uses the time laps corresponding to points B/B1 to generate estimated concentration data, based on preliminary exposure data transferred by optical code 17). Here examiner views the exposure data or range (i.e., reading time) is based on a time laps (i.e., timer or clock) used by the CPU that has initial or starting time of the sampling period. Regarding claim 4, the combination of Truex and Ahmad teach the gas sampling system of claim 2, Truex teaches wherein: the at least one processor is further configured to: determine a characteristic of the gas detection tube from the initial image data (from above paragraphs [0014], [0049], [0093] visual information (e.g., three-dimensional, tube type, color, exposure data, and shape) is viewed as the characteristics of the gas detection tube determined from the image (i.e., initial); and determine the reading time based on the determined characteristic of the gas detection tube (from paragraph [0049] and [0093] examiner views a reading time of the sample be determined from the characteristic (i.e., exposure data) of the gas detection tube.) Ahmad teaches the at least one processor is configured to control the camera to capture an initial image at a start of the sampling period (para [0494] Referring to FIG. 48, system 410 further comprises a processor 494 disposed within the interior of base 440 and operatively coupled to digital camera 490 to receive the signal from it. Para [106] The method also comprises taking a first reading of the optical property at a first time,) Examiner views the processor is configured to control the camera to capture a first or initial image at a start of the sampling period. the camera is configured to capture the initial image to generate initial image data (camera is viewed to configured to capture an initial image data at a start of the sampling period). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ahmad into Truex for the purpose of using camera to captures images during the first reading time and analyze the captured images based on the pixel, so that the concentration of gas inside the tube can be accurate analyzed. Regarding claim 10, the combination of Truex and Ahmad teach, the gas sampling system of claim 1, wherein: the at least one processor is further configured to identify the gas detection tube, determine a graduated scale based on the identified gas detection tube (para [0024] FIG. 2 depicts a front view of colorimetric gas detector tube assembly with sidewise scales), and compare the stain length to the determined graduated scale to determine the concentration level of the target gas (para [0033] The length of the color change of the reagent ("length of stain") within the tube will correspond to the total amount of the target gases that were passed through the gas detector tube. In a known volume of gas is passed through the tube, a concentration of the target gases may be determined. Para [0047] The gas detector tubes comprise indicia and/or scales…. The visually readable indicia may be used at least to measure the length of stain produce by the gas detector tube after passing a sample through the tube.) Herein examiner views the printed scale on the tube (i.e., graduated scale) is used to measure or compare the stain length to determine the concentration level of the target gas. Regarding claim 12, the combination of Truex and Ahmad teach the gas sampling system of claim 10, wherein: the at least one processor is further configured to determine a reading time based on the identified gas detection tube (para [0055] In addition to the scales, the gas detection tubes may further comprise electronically or optically readable information for the calibration of a data readable optic-electronic gas detector tube reader, for example. The optically readable information may be comprised in a bar code or other coded information of the information may be both typical visually and optically readable information. Para [0092] When the sampling process is according to expected concentrations span the color change is read after the END of one or more predetermined count of strokes. The printed on the tube visual information as well as optical coded one will urge to appropriate stroke numbers (one stroke is considered most common case). The curves representing vacuum as a function of time laps FIG. 7-A for two basic styles of hand pumps (bellows and piston pumps) are different. Para [0093] The CPU uses the time laps corresponding to points B/B1 to generate estimated concentration data, based on preliminary exposure data transferred by optical code 17), From above paragraphs examiner views the CPU or processor determines the reading time (i.e., from time laps) based on the identified tube (i.e., printed codes on the tube). Ahmad teaches analyze the pixel data sampled at the determined reading time for the visual change corresponding to the gas detection tube (para [0302] In another embodiment, the sensing algorithm accepts multiple color values in the form of a pixel map or image representation. The sensing algorithm may compute an average or some other aggregate metric on these values. para [0443] Commercially-available digital cameras, for example, typically provide automatic download of digital images as they are obtained, or transmit timed or framed video signals. Para [0449] In FIG. 50D, an optical image is illustrated where the particles used to pack the interactant region are sufficiently large and irregular so as to cause high variability of the exposed surface area. A 2D scanner with RGB and temporal resolution enables numerous algorithms to calculate the resultant color changes based on the amount of total possible color change available due to reaction sites.). Examiner views the image pixel data sampled or taken at the reading time (i.e., when camera captures images of gas detection tube during reaction) is used to understand a visual information (i.e., any visual change) corresponding to the gas detection tube, in Fig. 49 and 50. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ahmad into Truex for the purpose of using camera to captures images during the reading time and analyze the captured images for visual change based on the pixel, so that the concentration of gas inside the tube can be accurate analyzed. Regarding claim 13, the combination of Truex and Ahmad teach, the gas sampling system of claim 1, Truex teaches wherein: the gas detection tube comprises a graduated scale printed on a surface of the gas detection tube, wherein the graduated scale comprises a plurality of concentration markings (In Fig. 2 examiner views a graduated scale printed on the surface of the gas detection tube 11 for plurality of concentration markings),, wherein the at least one processor is configured to read the graduated scale from the image data, compare the stain length to the graduated scale, and determine the concentration level of the target gas based on a comparison of the stain length to the graduated scale (para [0033] The length of the color change of the reagent ("length of stain") within the tube will correspond to the total amount of the target gases that were passed through the gas detector tube. In a known volume of gas is passed through the tube, a concentration of the target gases may be determined. Para [0047] The gas detector tubes comprise indicia and/or scales…. The visually readable indicia may be used at least to measure the length of stain produce by the gas detector tube after passing a sample through the tube.). Examiner views the scales or indicia (i.e., graduated scale) from the visual information or image data is used to compare the stain length to the graduated scale, and determine the concentration level of the target gas based on a comparison of the stain length to the graduated scale. Regarding claim 14, the combination of Truex and Ahmad teach the gas sampling system of claim 1, wherein Truex teaches the at least one processor is further configured to identify the gas detection tube, including determining a characteristic of the gas detection tube (. Para [0049] The visually readable information may include, but is not limited to, type of tube, range of exposure, recommended strokes of sampling, expiration date, part and lot numbers.), Here examiner views the CPU uses information of gas detection tube which is identified by its characteristics such as color, type (i.e., graduated scale), part or lot number. determine a characteristic of the visual change based on the determined characteristic of the gas detection tube (para [0047] The visually readable indicia may be used at least to measure the length of stain produce by the gas detector tube after passing a sample through the tube. The length of stain corresponds to an uncompensated concentration of the target gas in the sample). Here length of stain (or the length of color change) is viewed to be a characteristic of visual changed based on the scaled type gas detection tube , and Ahmad teaches analyze the pixel data for the determined characteristic of the visual change (para [0565] A dark yellow stain, whose length is concentration dependent, indicates the presence of acetone. [0595] After approximately 3 minutes, an image is taken of the reactive zone through the optical sensing zone and the amount of color formation is used to estimate the concentration of acetone that was in the breath sample). From above paragraph examiner views the concentration level of acetone (i.e., target gas) is determined based on the stain length of the color change information based on the image color information (i.e., pixel data). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Ahmad into Truex for the purpose of using a pixel information of the image of a gas detector tube taken by a camera to determine a visual change and concentration of gas in the detector tube so that the accurate determination of a target gas is achieved. Claim 15 is rejected as claim 1 having same claim limitations or elements. Claim 21 is rejected as claim 10 having same claim limitations or elements. Claim 24 is rejected as claim 13 having same claim limitations or elements. Regarding claim 25, the combination of Truex and Ahmad teach all the limitations for claim 25 as addressed above for claim 1 and 15. But Truex does not teach multiple receptables receiving multiple gas detection tube, Truex and Ahmad does not teach imaging device, camera capture image of each respective gas detection tube during sampling and does not teach identifying each gas detection tube and analyzing pixel data for respective gas detection tube for concentration level based on the stain length of the respective visual change. However, examiner views the claim 25 as a duplication or rearrangement of parts from the prior art based on MPEP 2144.04 VI with out any significant or unexpected results. Similarly, claims 26, 29, 30 have the same limitations as claims 10, 13 and 14 except for multiple gas detection tube (duplication of parts) as discussed above for claim 25. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have modified Truex for the purpose of analyzing multiple gas detection tubes at a single time so that the gas detection tubes can be simultaneously monitored by reducing time and improve efficiency of the system resulting in no unexpected technical result. Claim(s) 5, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Truex and Ahmad in view of Rostalski et al (US 20160061742 A1) herein after Rostalski. Regarding claim 5, the combination of Truex and Ahmad teach, the gas sampling system of claim 1, wherein: Truex teaches determine the concentration level of the respective target gas based on the stain length of the visual change (para [0015] an optical reader system capable of determining the length of stain in the gas detector tube, and a central processing unit to estimate the target gas concentration from the outputs of the sensors. Para [0081] Embodiments of the gas detector tube reader are capable of determining the concentration of target gases based both on the length of stain and the color or color intensity of the reagent after exposure to target gases.). Ahmad teaches teaches the camera is configured to capture a plurality of images of the gas detection tube at different sampling times during the sampling period (para [0443] Digital camera 490 generates a signal that embodies the information on the optical characteristic or characteristics of interest. Signal generation can be accomplished using a wide variety of known transduction techniques. Commercially-available digital cameras, for example, typically provide automatic download of digital images as they are obtained, or transmit timed or framed video signals.) Examiner views framed video signals as the images with time that can be used for different sampling time. and generate a plurality of pixel data, each instance of pixel data corresponding to one of the plurality of images (para [0438] A camera is especially well-suited to systems where multiple interactants are to be sensed due to the additional power afforded by both a wide spectral range, a degree of spectral sensitivity (images are captured onto red, green, and blue pixels), and a high degree of spatial resolution.) Examiner views the images generated have plurality of pixel data, red, green and blue corresponding to the images. The combination of Truex and Ahmad do not clearly teach the at least one processor is configured to select an instance of pixel data having a sampling time that corresponds to a reading time from the plurality of pixel data, wherein the reading time corresponds to a desired exposure time of the at least one reagent material to the gas sample; the at least one processor is further configured to analyze the selected instance of pixel data for the visual change corresponding to the gas detection tube. Rostalski teaches the at least one processor is configured to select an instance of image data having a sampling time that corresponds to a reading time from the plurality of image data, wherein the reading time corresponds to a desired exposure time of the at least one reagent material to the gas sample (para [0148] A checking is performed in method step 112 to determine whether the reaction front present in the flow image recorded at that time is the first reaction recorded until that point in time. If the current flow image is the first flow image, because a reaction front could be detected, because a reaction front could be detected, the speed of the reaction front cannot be reliably determined, and the method proceeds further with the recording of the next flow image in step 104. However, it is also possible that a rough estimation of the speed of the reaction front is performed from the position of the reaction front and the time interval from the preceding flow image without reaction front. Para [0149] The x direction of the reaction chamber 46 is in the direction of flow in FIG. 14 and the time t is plotted in a plane to which the axis of the intensity values I is directed at right angles). Here from Fig. 14 examiner views a checking is performed by selected or estimated instance of image data having a reaction front (i.e., sampling time) that corresponds to a reading time (i.e., recorded time) from the plurality of image data using a processor or chip, where the reading time corresponds to a desired exposure time or reaction time of the at least one reactant (i.e., reagent material) to the gas sample. the at least one processor is further configured to analyze the selected instance of image data for the visual change corresponding to the gas detection tube (para [0146] A checking is performed in a subsequent method step 108 to determine whether a reaction front is present in the respective flow image. If there is no reaction front, the method goes back to step 104 and the next flow image is recorded. Para [0147] If, by contrast, a reaction front is present, the method goes to step 110, in which it is displayed to the user of the measuring device 12 that at least a minimum concentration of the component (analyte) to be measured in the gas mixture is present in the gas mixture…). Examiner views the checking of an image is performed whether there is a reaction is present in the image. If there is no reaction, there is no visual change corresponding to the gas detection tube. If there is a reaction an user is displayed of the concentration of (i.e., visual change) of the component in the gas mixture. Rostalski does not clearly relate the images to pixel, how examiner views the Rastalski’s above idea can be combined with Truex and Ahmad to analyze the data with respect to selected time and pixel of images to analyze the gas detected in the tube. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Rostalski into Truex and Ahmad for the purpose of analyzing a selected image data of gas detection tube for an accurate sampling time and reading time so that the respective image can be analyzed for any visual change of the gas in the tube by using the selected image. Claim 16 is rejected as claim 5 having same claim limitations or elements. Claim(s) 7, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Truex and Ahmad in view of Nakamura et al (US 20200124579 A1) herein after “Nakamura”. Regarding claim 7, Truex teaches The gas sampling system of claim 1, wherein: Truex teaches determine the concentration level of the respective target gas based on the stain length of the visual change (para [0015] an optical reader system capable of determining the length of stain in the gas detector tube, and a central processing unit to estimate the target gas concentration from the outputs of the sensors. Para [0081] Embodiments of the gas detector tube reader are capable of determining the concentration of target gases based both on the length of stain and the color or color intensity of the reagent after exposure to target gases). Ahmad teaches the camera is configured to capture a video of the gas detection tube during the sampling period and generate video image data corresponding to a plurality of video frames of the video ([0443] Digital camera 490 generates a signal that embodies the information on the optical characteristic or characteristics of interest. Signal generation can be accomplished using a wide variety of known transduction techniques. Commercially-available digital cameras, for example, typically provide automatic download of digital images as they are obtained, or transmit timed or framed video signals.) the combination does not clearly teach the at least one processor is configured to receive the video image data, select a video frame from the plurality of video frames, analyze the video image data corresponding to the selected video frame for the visual change corresponding to the gas detection tube Nakamura teaches the at least one processor is configured to receive the video image data, select a video frame from the plurality of video frames (para [0158]…and monitors the state of the gas detection element included in each frame), analyze the video image data corresponding to the selected video frame for the visual change corresponding to the gas detection tube (para [0158]… Note that the determining unit 1202 monitors, as the state of the gas detection element, for example, the change of color, the shape of the area where the color has changed, the size of the area where the color has changed, and the patterns in the area where the color has changed, the color density and changes in the hue, etc.) From above paragraphs examiner views the video imaging devices 1010 capture the video images of gas detection pipe 1060. The video images are created to be multiple frames. Information Processing unit 1020 (i.e., processor) is configured to monitor the each frames in the video frame to analyze the video data for any visual or color change in the gas detection pipe. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have incorporated Nakamura into Truex for the purpose of analyzing a selected frame of a video data of gas detection tube so that an accurate exposure time and any visual change of the gas in the tube can be accurately determined by using the selected frame of the video. Claim 18 is rejected as claim 7 having same claim limitations or elements. Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Truex and Ahmad in view of Heim et al US 4123227 A herein after “Heim” Regarding claim 31, the combination of Truex and Ahmad teach the gas sampling system of claim 25, Truex teaches wherein the at least one processor is configured to store the determined concentration level of the respective target gas for each identified gas detection tube (para [0058] The CPU is in communication with a computer memory device capable of storing the optically or electronically read information from the gas detector tube) and Truex does not teach trigger an alarm if at least one of the determined concentration levels exceeds a predetermined concentration threshold Heim teaches trigger an alarm if at least one of the determined concentration levels exceeds a predetermined concentration threshold (col. 4, line 25. The gas concentration is determined by the reaction of material 3 in the tube, and as soon as certain limit values are exceeded, an alarm is started) Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing of the invention to have Heim into Truex for the purpose of analyzing gas detection tubes by comparing the gas concentration in the tube to the limit values (i.e., predetermined concentration threshold) so that an alarm can be generated to the operator or user for the purpose of environmental and equipment safety. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tao US 8531517 B2 teaches monitoring dip inside a detection tube using imaging technique. Pinguet et al US 8606531 B2 teaches monitoring mixture inside a pipeline. 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 SHARAD TIMILSINA whose telephone number is (571)272-7104. The examiner can normally be reached Monday-Friday 9:00-5:00. 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, Catherine Rastovski can be reached at 571-270-0349. 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. /SHARAD TIMILSINA/Examiner, Art Unit 2857 /Catherine T. Rastovski/Supervisory Primary Examiner, Art Unit 2857
Read full office action

Prosecution Timeline

Jun 15, 2023
Application Filed
Feb 13, 2026
Non-Final Rejection mailed — §103
Mar 25, 2026
Response Filed
May 18, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
93%
With Interview (+15.0%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 156 resolved cases by this examiner. Grant probability derived from career allowance rate.

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