Prosecution Insights
Last updated: May 29, 2026
Application No. 18/277,912

OXYGEN ENRICHMENT DEVICE, CONTROL METHOD AND CONTROL PROGRAM

Final Rejection §112
Filed
Aug 18, 2023
Priority
Mar 02, 2021 — JP 2021-032686 +1 more
Examiner
LAWRENCE JR, FRANK M
Art Unit
1776
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Teijin Pharma Limited
OA Round
2 (Final)
84%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
1179 granted / 1406 resolved
+18.9% vs TC avg
Strong +20% interview lift
Without
With
+19.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
27 currently pending
Career history
1437
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
60.0%
+20.0% vs TC avg
§102
9.6%
-30.4% vs TC avg
§112
20.2%
-19.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1406 resolved cases

Office Action

§112
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 . Drawings The drawings were received on January 30, 2026. These drawings are approved. Information Disclosure Statement The information disclosure statements (IDS) submitted on November 19, 2025 and December 31, 2025 were filed after the mailing date of the non-final office action on October 31, 2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner. Claim Rejections - 35 USC § 112 Claim 8 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Amended claim 8 now recites a “non-transitory computer readable medium storing a control program” which has no basis in the original disclosure. Allowable Subject Matter Claims 1 and 3-7 are allowed. The following is an examiner’s statement of reasons for allowance: The examiner agrees with applicant’s characterization of how the amended claims distinguish over the prior art of record. All of the previous outstanding rejections have been overcome and are withdrawn. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Response to Arguments Applicant's arguments filed January 30, 2026 have been fully considered but they are not persuasive. Regarding claim 8, the 35 USC 101 rejection has been overcome but it is now rejected for failing to comply with the written disclosure requirement because the instant specification only recites that the control unit “is a processor such as a Micro Control Unit (MCU).” Additionally, the claim recites that the “control program indicates that a procedure of repeating the following procedures…” which is an abstract idea that can be a mental process. The application can be place in condition for allowance by cancelling claim 8. Conclusion 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 FRANK LAWRENCE whose telephone number is (571)272-1161. The examiner can normally be reached Mon-Fri 8:30am-7pm. 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, Jennifer Dieterle can be reached at 571-270-7872. 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. /FRANK M LAWRENCE JR/Primary Examiner, Art Unit 1776 fl
Read full office action

Prosecution Timeline

Aug 18, 2023
Application Filed
Oct 31, 2025
Non-Final Rejection mailed — §112
Jan 30, 2026
Response Filed
Mar 11, 2026
Examiner Interview (Telephonic)
Mar 20, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

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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
84%
Grant Probability
99%
With Interview (+19.8%)
2y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1406 resolved cases by this examiner. Grant probability derived from career allowance rate.

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