Prosecution Insights
Last updated: April 19, 2026
Application No. 18/281,090

ANALYSIS OF MILK

Non-Final OA §102§103
Filed
Sep 08, 2023
Examiner
SINES, BRIAN J
Art Unit
1796
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Gea Farm Technologies GmbH
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
85%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
767 granted / 954 resolved
+15.4% vs TC avg
Minimal +5% lift
Without
With
+4.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
991
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
37.2%
-2.8% vs TC avg
§102
34.6%
-5.4% vs TC avg
§112
22.7%
-17.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 954 resolved cases

Office Action

§102 §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. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1 – 7, 9 and 10 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Suhr et al. (US 2021/0239671 A1; hereinafter “Suhr”) . Regarding claim 1, Suhr throughout the publication teaches an apparatus ( a measuring arrangement comprising a main channel 10 having an inlet 11 for connection to a milk line and through which milk enters the measuring arrangement; paragraphs 27 – 33 ; figure 1) for analyzing milk, comprising: a line portion (measurement channel 20) for the milk; a light source unit (measuring device 30 comprises a light in-coupling 31 by means of which light can be radiated into the interior of the measurement channel 20 through a window; paragraph 32) , which emits light into the line portion (20) ; a detection unit (a spectrometer connected to light guide 33 and light out-coupling 32 which is connected to the measurement channel 20; paragraphs 32 and 33) for the spectrally resolved capture of light emerging from the line portion (20) ; and an evaluation unit (it is implicit that an evaluation unit is included that provides information about the properties of the measured milk; paragraphs 46 – 48) configured to analyze the milk with regard to constituents on the basis of signals from the detection unit. Regarding claim 2 , Suhr teaches the apparatus as claimed in claim 1, furthermore having a main line (main milk stream 51 in first portion 12) , wherein the line portion (measurement channel 20) branches off from the main line (at inlet region 21) and leads into the main line (at run-offs 24a and 24b) (paragraphs 27 – 43; figures 1 and 2) . Regarding claim 3 , Suhr teaches the apparatus as claimed in claim 2, wherein the line portion leads into the main line (main milk stream 51 in first portion 12 and second portion 13) via a first opening ( lower run-off 24a) and a second opening ( upper run-off 24b) , and wherein the first opening and the second opening are arranged at a distance from one another in a height direction (paragraph 37; figure 2) . Regarding claim 4 , Suhr teaches the apparatus as claimed in claim 1, wherein the light source unit comprises a thermionic emission source ( light source 311 (an incandescent bulb) ; paragraph s 33, 45 and 67 ; figure 3 ) . Regarding claim 5 , Suhr teaches an arrangement comprising: a milking device (it is implicit that the disclosed arrangement is connected to a milking device; Abstract; paragraphs 2 and 7) ; an apparatus for analyzing milk (a measuring arrangement comprising a main channel 10 having an inlet 11 for connection to a milk line and through which milk enters the measuring arrangement; paragraphs 27 – 33; figure 1) , the apparatus including: a line portion (measurement channel 20) for the milk ; a light source unit (measuring device 30 comprises a light in-coupling 31 by means of which light can be radiated into the interior of the measurement channel 20 through a window; paragraph 32) , which emits light into the line portion (20) , a detection unit (a spectrometer connected to light guide 33 and light out-coupling 32 which is connected to the measurement channel 20; paragraphs 32 and 33) for the spectrally resolved capture of light emerging from the line portion (20) ; a nd an evaluation unit (it is implicit that an evaluation unit is included that provides information about the properties of the measured milk; paragraphs 46 – 48) configured to analyze the milk with regard to constituents on the basis of signals from the detection unit, wherein the milking device is connected to the line portion of the apparatus. Regarding claim 6 , Suhr teaches the arrangement as claimed in claim 5, wherein the apparatus furthermore has a main line (main milk stream 51 in first portion 12) , wherein the line portion (measurement channel 20) branches off from the main line (at inlet region 21) and leads into the main line (at run-offs 24a and 24b) (paragraphs 27 – 43; figures 1 and 2). Regarding claim 7 , Suhr teaches a method for analyzing milk in a line portion (measurement channel 20) ( paragraphs 27 – 46; figures 1 and 2 ) , comprising: a) guiding light (measuring device 30 comprises a light in-coupling 31 by means of which light can be radiated into the interior of the measurement channel 20 through a window; paragraph 32) into the line portion (measurement channel 20) , b) spectrally resolved detection of light (via a spectrometer connected to light guide 33 and light out-coupling 32 which is connected to the measurement channel 20; paragraphs 32 and 33) emerging from the line portion (measurement channel 20) , c) analyzing the milk with regard to constituents on the basis of the light detected in accordance with step b) (it is implicit that an evaluation unit is included that further analyzes the milk and provides information about the properties of the measured milk; paragraphs 46 – 48). Regarding claim 9, Suhr teaches the method as claimed in claim 7, wherein the milk proceeding from a milking device (it is implicit that the disclosed arrangement is connected to a milking device; Abstract; paragraphs 2 and 7) is guided through the line portion ( milk is guided into measurement channel 20 via inlet region 21; paragraph 37; figure 2 ) . Regarding claim 10, Suhr teaches the method as claimed in claim 7, wherein the following steps are carried out cyclically (the measurement process can be performed cycl ically ; paragraphs 15 and 64 ) : A) collecting milk in the line portion (milk is guided into measurement channel 20 via inlet region 21; paragraph 37; figure 2) , B) analyzing the milk situated in the line portion in accordance with steps a) to c) (it is implicit that an evaluation unit is included that further analyzes the milk and provides information about the properties of the measured milk; paragraphs 46 – 48) ; and C) discharging the milk analyzed in step B) from the line portion (milk is discharged from the measurement channel 20 at upper run-off 24b and lower run-off 24a; figure 2; paragraph 37) . 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim (s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suhr et al. (US 2021/0239671 A1; hereinafter “Suhr”) in view of Desphande et al. (US 2020/0363333 A1; hereinafter “ Desphande ”) . Regarding claim 8 , Suhr does not specifically teach the method as claimed in claim 7, wherein an evaluation algorithm is created by machine learning before step c), and wherein the milk is analyzed using the evaluation algorithm in step c). However, Desphande teaches related methods and systems for analyzing milk utilizing a neural network or other machine-learning tool to process scattering measurement data and to perform determinations about the characteristics of milk (Abstract; paragraphs 116 – 119 ; claims 6 – 8 ). The use of a n evaluation algorithm created by a machine learning tool would have been considered to be suitable and predictable to a person of ordinary skill in the art for milk sample analysis as indicated by Desphande . The combination of familiar elements is likely to be obvious when it does no more than yield predictable results (see MPEP § 2143, A.). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to provide wherein an evaluation algorithm is created by machine learning before step c), and wherein the milk is analyzed using the evaluation algorithm in step c). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT BRIAN J. SINES whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1263 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 9 AM-5 PM EST M-F . 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, FILLIN "SPE Name?" \* MERGEFORMAT Lyle Alexander can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-1254 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT BRIAN J. SINES Primary Patent Examiner Art Unit 1796 /BRIAN J. SINES/ Primary Examiner, Art Unit 1796
Read full office action

Prosecution Timeline

Sep 08, 2023
Application Filed
Feb 19, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
80%
Grant Probability
85%
With Interview (+4.6%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 954 resolved cases by this examiner. Grant probability derived from career allow rate.

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