Prosecution Insights
Last updated: April 19, 2026
Application No. 18/334,052

Laboratory Instrument with Mixing Mechanism for Mixing a Medium of a Slide

Non-Final OA §102§103§112
Filed
Jun 13, 2023
Examiner
SORKIN, DAVID L
Art Unit
1774
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Qinstruments GmbH
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
80%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
787 granted / 1170 resolved
+2.3% vs TC avg
Moderate +12% lift
Without
With
+12.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
43 currently pending
Career history
1213
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
32.7%
-7.3% vs TC avg
§102
32.8%
-7.2% vs TC avg
§112
27.1%
-12.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1170 resolved cases

Office Action

§102 §103 §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. Election/Restrictions Applicant's election with traverse of Group I, claims 1-18, in the reply filed on 09 January 2026 is acknowledged. If, upon allowance, all the limitations of an allowed group I claim are required by Group II, the groups will be rejoined. Until then, it would be burdensome to examine both groups because Group II requires steps involve the object carrier, while Group I does not require the object carrier. The requirement is still deemed proper and is therefore made FINAL. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b ) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the appl icant regards as his invention. Claim s 2 , 3 , 6 , 7 and 9-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention : Claim 2 is rendered indefinite by the phrase “in particular” which makes unclear what is required versus optional. Claim 3 is indefinite as depending from indefinite claim 2, and also due to lack of antecedent basis for “the cooling fluid”. In claim 6, there is lack of antecedent basis for “ the thermal coupling plate ” and “ the cooling body ”. Claim 7 is rendered indefinite by the phrase “in particular” (three occurrences) which makes unclear what is required versus optional. Claim 9 is confusing due to the recitation “in one of claim 1”. Claim 9 is also indefinite due to the phrase “in particular” which makes unclear what is required versus optional. Claims 10-18 are indefinite due to depending from indefinite claim 9. Claim 13 is also indefinite due to the phrase “in particular” which makes unclear what is required versus optional. In claim 14, “claims 9” is confusing. Claim 18 is also indefinite due to the phrase “in particular” which makes unclear what is required versus optional. 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. Claims 1 - 11 and 18 are rejected under 35 U.S.C. 102 (a)( 2 ) as being anticipated by Shipiro (US 2022 / 0111340 ) : Regarding claim 1, Shipiro discloses a laboratory instrument inclu ding a support body ( 46 ); a main component ( 58, 66 and/or 42 ) which is movable with respect to the support body for mixing; a mixing drive mechanism ( 38 ) disposed on the support body, with a drive device ( 44, 48, 50 ), a first eccentric ( 52) and a second eccentric ( 54 ) which can be driven by means of the drive device and which are configured in order to transmit a driving force produced by the drive device to the main component; and at least one counterbalancing mass ( 64 ) to at least partially compensate for an imbalance produced by the first eccentric, the second eccentric and the main componen t ; wherein the first eccentric and the second eccentric are disposed on a peripheral edge of the support body and outside a central region of the support body (see Fig . 6 ) ; wherein the first eccentric and the second eccentric are disposed on mutually opposite side edges of the support body and are laterally offset with respect to each other, or the first eccentric is disposed in a first corner of the support body and the second eccentric is disposed in a second corner of the support body (see Fig. 6 ) ; and wherein the counterbalancing mass is attached to at least one of the first eccentric and the second eccentric (see Fig. 6) , and is disposed between the support body and the main component (see Figs. 5 and 6) and is configured to carry out a movement upon mixing which is counter to that of the main component (see Figs. 5 and 6) . Regarding claim 2, a cavity is formed in the central region (of “58” and of “66”). Regarding claim 3, the support body (46) includes an opening (between 54 and 56; see Fig. 6), on mutually opposite sides (from the bottom side through to the top side) through which cooling fluid such as air can pass to the cavity. Regarding claim 4, a cavity is formed in the central region in which at least a portion of a cooling body ( 66 ) attached to an underside of the main component is received . Regarding claim 5, the upper surface of a thermal coupling plate (42) on the main component forms a loading surface forms a loading surface. Regarding claim 6, the underside of a thermal coupling plate ( 42 ) is coupled to the cooling body . Regarding claim 7, an annular closed first force-transmitting mechanism (4 8) for transmitting the driving force from the drive device (150) to the first eccentric is disclosed. Regarding claim 8, the at least one counterbalancing mass is asymmetrically attached to the drive device (see Fig. 6). Regarding claim 9, a swivel support (56) is movably mounted between the support body and the main component . Regarding claim 10, the bottom of the at least one swivel support is mounted in at least one first depression in the support body ( see Figs. 3, 6 and 7 and [0045] ) and the top is mounted in at least one second depression ( 60 ) in the main component. Regarding claim 11, at least one first counterplate is or are disposed on the support body in physical contact with a bottom surface of the at least one swivel support and/or at least one second counterplate is or are disposed on the main component in physical contact with a top surface of the at least one swivel support (see Fig. 3 and [0045]) . Regarding claim 18, three swivel supports (52,54,56) are disclosed. 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. 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 12 , 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Shipiro (US 2022/0111340) in view of Erdenberger (US 2014 / 0349385 ) . The instrument of Shipiro was discussed above: Regarding claim 12, Sh ipiro does not disclose the counterplate being ceramic. Erdenberger teaches a counterplate being ceramic (see [0100], [0101] and [0186] ). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized ceramic for the counterplate to realize the corrosion resist and low friction benefits explained by Erdenberger in [0100], [0101] and [0186] . Regarding claim 13, both references teacher the counterplating being for rolling friction interaction (see [0045] of Shipiro and [0100], [0101] and [0186] of Erdenberger . Regarding claim 17, Shipiro does not disclose the swivel support being plastic. Erdenberger explains that plastic provides the benefits of corrosion resistance, low weight and cost (see [0092] and [0100]). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized plastic to for the benefit of corrosion resistance, low weight and cost as explained by Erdenberger (see [0092] and [0100]) . Claim s 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Shipiro (US 2022/0111340) in view of Irvine (US 779 , 783 ). The instrument of Shipiro was discussed above : Regarding claim 14, the swivel support having broadened top and bottom portions connected by a pin is not disclosed by Shipiro. Irvine teaches a swivel support (13) having broadened top and bottom portions and a pin disposed between the top and bottom portions (see Fig. 3 and page 1 line 92 to page 2 line 9 ). It would have been obvious for one of ordinary skill in the art before the effective filing date to have utilized a swivel support having broadened top and bottom portions connected by a pin as taught by Irvine, to allow free movement (see page 1 line 92 to page 2 line 9 of Irvine). Regarding claim 15, Irvine further teaches the top and bottom of the swivel support being spherical (see Fig. 3 and page 1 line 92 to page 2 line 9) . Regarding claim 16, it w ould have been obvious for one of ordinary skill in the art before the effective filing date to have selected the radii of the spheres to achieve a desired degree of support and movement. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DAVID L SORKIN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1148 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 7am-3:30pm . 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 Claire X Wang can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-1051 . 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 DAVID L. SORKIN Examiner Art Unit 1774 /DAVID L SORKIN/ Primary Examiner, Art Unit 1774
Read full office action

Prosecution Timeline

Jun 13, 2023
Application Filed
Mar 17, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12600060
DEVICE FOR PRODUCING AND CONDITIONING A MULTI-COMPONENT MIXTURE AND METHOD FOR OPERATING A DEVICE OF THIS KIND
2y 5m to grant Granted Apr 14, 2026
Patent 12599881
MIXER
2y 5m to grant Granted Apr 14, 2026
Patent 12599879
NANO CELL BLOCK MODULE FOR HOMOGENIZING A SOLUTION WITH A HIGH PRESSURE
2y 5m to grant Granted Apr 14, 2026
Patent 12594532
FOAM PITCHER
2y 5m to grant Granted Apr 07, 2026
Patent 12596312
TONER PROCESSING APPARATUS AND METHOD FOR PRODUCING TONER
2y 5m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
67%
Grant Probability
80%
With Interview (+12.5%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1170 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month