Prosecution Insights
Last updated: April 19, 2026
Application No. 18/339,672

DYNAMIC EXHAUST FOR CHEMICAL PROCESSING

Final Rejection §103§112
Filed
Jun 22, 2023
Examiner
MALLON, BRETT PETERSON
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Taiwan Semiconductor Manufacturing Co., Ltd.
OA Round
2 (Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
2y 11m
To Grant
92%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allow Rate
78 granted / 121 resolved
-5.5% vs TC avg
Strong +28% interview lift
Without
With
+27.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
38 currently pending
Career history
159
Total Applications
across all art units

Statute-Specific Performance

§103
62.8%
+22.8% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
14.0%
-26.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 121 resolved cases

Office Action

§103 §112
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 Arguments Applicant’s arguments, filed 12/30/2025, with respect to the 35 USC § 112 rejections have been fully considered and are persuasive. The 35 USC § 112 rejections have been withdrawn. Applicant’s arguments with respect to the 35 USC § 102 rejections in view of Park have been fully considered and are persuasive in view of the amendments to the claims. The 35 USC § 102 rejections in view of Park have been withdrawn. Applicant’s arguments, filed 12/30/2025, with respect to the 35 USC § 102 rejections in view of Cho have been fully considered and are persuasive in view of the amendments to the claims. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Dutertre (US6145544A). 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 applicant regards as his invention. Claim 2 is 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. Amended claim 2 states “wherein each exhaust hole in the first and second pluralities of exhaust holes is a circle of equal diameter”, which directly contradicts with “the first plurality of exhaust holes comprise a first plurality of shutters with a first shutter diameter and the second plurality of exhaust holes comprise a second plurality of shutters with a second shutter diameter different from the first shutter diameter” of amended claim 1. It is unclear how a second plurality of exhaust holes can comprise a diameter different from the diameter of a first plurality of exhaust holes, at the same time as each exhaust hole in the first and second pluralities of exhaust holes comprising a circle of equal diameter. In order to overcome this rejection (and how the claim is interpreted for purposes of examination), applicant may amend the claim to state “wherein each exhaust hole in the first plurality of exhaust holes is a circle of equal diameter, and wherein each exhaust hole in the second plurality of exhaust holes is a circle of equal diameter”. 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. Claim(s) 1-5, 8-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (KR20190122081A), referring to the English translation dated 09/24/2025, in view of Dutertre (US6145544A). Regarding claim 1, Cho teaches a processing system (substrate processing apparatus 10, fig. 3), comprising: a stage configured to hold a substrate (support plate 210 of substrate support unit 200); and an exhaust system (exhaust assembly 700) comprising a perforated plate (valve unit 800, fig. 5) with a first plurality of exhaust holes (plurality of exhaust openings 851-858), and an exhaust port (exhaust line 710), wherein the perforated plate is positioned between the substrate and the exhaust port (as shown on fig. 3); each exhaust hole in the first plurality of exhaust holes comprises a shutter (second gates 831 to 838) the first plurality of exhaust holes comprise a first plurality of shutters with a first shutter diameter (as shown on fig. 5) Cho does not teach a second plurality of exhaust holes each exhaust hole in the second plurality of exhaust holes comprises a shutter the second plurality of exhaust holes comprise a second plurality of shutters with a second shutter diameter different from the first shutter diameter Dutertre teaches a second plurality of exhaust holes (set of holes 320, fig. 2) Dutertre teaches a similar perforated plate 3 to the valve unit 800 of Cho, including a central hole 30 and an outer set of holes 330. However, Dutertre also teaches sets of holes 310 and 320 between the central hole 30 and outer set of holes 330. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the perforated plate 3 hole structure and geometry of Dutertre to valve unit 800 of Cho since “The positions and dimensions of the holes are determined in such a manner that the outlet flow is symmetrical about the axis of the pipe, without any swirl of the gas stream and with turbulence at a level that is comparable to that of a fully-developed flow” [col. 2 lines 47-51], thus to improve flow uniformity of the system in the fully open state. The combination teaches each exhaust hole in the second plurality of exhaust holes comprises a shutter (set of holes 320 of Dutertre as applied to Cho comprising gate structure of Cho) the second plurality of exhaust holes comprise a second plurality of shutters with a second shutter diameter different from the first shutter diameter (diameter of set of holes 320 of Dutertre greater than that of outer set of holes 330, as applied to Cho) Regarding claim 2, Cho, as modified, teaches the processing system of claim 1, wherein each exhaust hole in the first and second pluralities of exhaust holes is a circle of equal diameter (fig. 2 of Dutertre, set of holes 330 comprise intermediate diameter d3 and set of holes 320 comprise large diameter d2) Regarding claim 3, Cho, as modified, teaches the processing system of claim 1, wherein the shutter associated with each exhaust hole in the first and second pluralities of exhaust holes is configured to be individually controlled (“The valve controller 810 is connected to each of the first gate 840 and the second gates 831 to 838 independently, so that the first gate 840 and the second gates 831 to 838 are opened or closed, respectively. The rate can be adjusted independently”) [0073] Regarding claim 4, Cho, as modified, teaches the processing system of claim 3, wherein to be individually controlled, the shutter associated with each exhaust hole in the first and second pluralities of exhaust holes comprises an open configuration, a partially open configuration, or a closed configuration (“The second gates 831-838 switch between a fully closed mode for completely closing the second exhaust openings 851-858, a fully open mode for fully opening, and some open modes for opening a portion”) [0072] Regarding claim 5, Cho, as modified, teaches the processing system of claim 1, wherein the first and second pluralities of exhaust holes can be arranged into zones distributed across the perforated plate (as shown on fig. 2 of Dutertre, intermediate second ring 32 comprises a set of holes 320 and outer third ring 33 comprises a set of holes 330, thus, the set of holes 320 are arranged in a first zone and the set of holes 320 are arranged in a second zone) Regarding claim 8, Cho, as modified, teaches the processing system of claim 1, further comprising a dispenser positioned above the stage (electrode unit 300, fig. 3) Regarding claim 9, Cho, as modified, teaches the processing system of claim 8, wherein the exhaust system is configured to remove exhaust from the dispenser (“The exhaust port 150 serves as an outlet through which the by-product generated in the processing space 102 is discharged to the outside of the chamber 100. Exhaust port 150 is connected to exhaust assembly 700” [0047]; by-product includes product from plasma source of electrode unit 300) Regarding claim 10, Cho, as modified, teaches the processing system of claim 1, further comprising a curing system (substrate support unit 200) configured to receive the stage and substrate (support plate 210 and substrate W, fig. 3) Regarding claim 11, Cho, as modified, teaches the processing system of claim 10, wherein the exhaust system is configured to remove exhaust from the curing system (“The exhaust port 150 serves as an outlet through which the by-product generated in the processing space 102 is discharged to the outside of the chamber 100. Exhaust port 150 is connected to exhaust assembly 700” [0047]; by-product includes product from processing of substrate W) Regarding claim 12, Cho teaches a process tool exhaust distribution plate (valve unit 800, fig. 5), comprising: first plurality of exhaust holes disposed radially across the process tool exhaust distribution plate (plurality of exhaust openings 851-858, fig. 5), wherein the first plurality of exhaust holes comprise a first diameter (as shown on fig. 5); and first plurality of shutters configured to adjust a diameter of an opening of each exhaust hole in the first plurality of exhaust holes, respectively (first gate 840 and second gates 831 to 838, fig. 5) Cho does not teach second pluralities of exhaust holes disposed radially across the process tool exhaust distribution plate wherein the second plurality of exhaust holes comprise a second diameter different from the first diameter second plurality of shutters configured to adjust a diameter of an opening of each exhaust hole in the second plurality of exhaust holes, respectively Dutertre teaches second pluralities of exhaust holes disposed radially across the process tool exhaust distribution plate (set of holes 320 disposed in intermediate second ring 32, fig. 2) Dutertre teaches a similar perforated plate 3 to the valve unit 800 of Cho, including a central hole 30 and an outer set of holes 330. However, Dutertre also teaches sets of holes 310 and 320 between the central hole 30 and outer set of holes 330. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the perforated plate 3 hole structure and geometry of Dutertre to valve unit 800 of Cho since “The positions and dimensions of the holes are determined in such a manner that the outlet flow is symmetrical about the axis of the pipe, without any swirl of the gas stream and with turbulence at a level that is comparable to that of a fully-developed flow” [col. 2 lines 47-51], thus to improve flow uniformity of the system in the fully open state. The combination teaches wherein the second plurality of exhaust holes comprise a second diameter different from the first diameter (diameter of set of holes 320 of Dutertre greater than that of outer set of holes 330, as applied to Cho) second plurality of shutters configured to adjust a diameter of an opening of each exhaust hole in the second plurality of exhaust holes, respectively (set of holes 320 of Dutertre as applied to Cho comprising gate structure of Cho) Regarding claim 13, Cho, as modified, teaches the process tool exhaust distribution plate of claim 12, further comprising a control system configured to control each shutter in the first and second pluralities of shutters (“The valve controller 810 is connected to each of the first gate 840 and the second gates 831 to 838 independently, so that the first gate 840 and the second gates 831 to 838 are opened or closed, respectively. The rate can be adjusted independently”) [0073] Regarding claim 14, Cho, as modified, teaches the process tool exhaust distribution plate of claim 12, wherein each shutter in the first and second pluralities of shutters comprises an iris shutter (“the exhaust opening may include a plurality of control vanes, and the opening and closing may be adjusted in an iris manner to control a portion of the exhaust opening to be widened sequentially from the center to the edge region” [0026]; fig. 5) Regarding claim 15, Cho, as modified, teaches the process tool exhaust distribution plate of claim 12, wherein the first and second pluralities of exhaust holes are arranged into zones distributed across the perforated plate (as shown on fig. 2 of Dutertre, intermediate second ring 32 comprises a set of holes 320 and outer third ring 33 comprises a set of holes 330, thus, the set of holes 320 are arranged in a first zone and the set of holes 320 are arranged in a second zone) Regarding claim 16, Cho teaches a method, comprising: positioning an exhaust removal port (exhaust line 710) of an exhaust removal system (exhaust assembly 700) adjacent to a process tool (substrate support unit 200, fig. 5); inserting an exhaust distribution plate between the process tool and the exhaust removal port (valve unit 800, fig. 5); enclosing the process tool and the exhaust distribution plate to provide a controlled exhaust removal environment (within chamber 100); and controlling a diameter of each exhaust hole in first plurality of exhaust holes disposed radially across the exhaust distribution plate (“The second gates 831-838 switch between a fully closed mode for completely closing the second exhaust openings 851-858, a fully open mode for fully opening, and some open modes for opening a portion. In some open modes, the aperture ratio is adjustable depending on the type of process or the process conditions” [0072]; fig. 5), wherein the first plurality of exhaust holes comprise a first diameter (as shown on fig. 5) Cho does not teach controlling a diameter of each exhaust hole in second plurality of exhaust holes disposed radially across the exhaust distribution plate wherein the second plurality of exhaust holes comprise a second diameter different from the first diameter Dutertre teaches second plurality of exhaust holes disposed radially across the exhaust distribution plate (set of holes 320 disposed in intermediate second ring 32, fig. 2) Dutertre teaches a similar perforated plate 3 to the valve unit 800 of Cho, including a central hole 30 and an outer set of holes 330. However, Dutertre also teaches sets of holes 310 and 320 between the central hole 30 and outer set of holes 330. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the perforated plate 3 hole structure and geometry of Dutertre to valve unit 800 of Cho since “The positions and dimensions of the holes are determined in such a manner that the outlet flow is symmetrical about the axis of the pipe, without any swirl of the gas stream and with turbulence at a level that is comparable to that of a fully-developed flow” [col. 2 lines 47-51], thus to improve flow uniformity of the system in the fully open state. The combination teaches controlling a diameter of each exhaust hole in second plurality of exhaust holes disposed radially across the exhaust distribution plate (set of holes 320 of Dutertre as applied to Cho comprising gate structure of Cho; diameter controlled as described in [0072] of Cho) wherein the second plurality of exhaust holes comprise a second diameter different from the first diameter (wherein the second plurality of exhaust holes comprise a second diameter different from the first diameter) Regarding claim 17, Cho, as modified, teaches the method of claim 16, wherein controlling the diameter of each exhaust hole in the first and second pluralities of exhaust holes comprises controlling an opening of an iris shutter configured to close the exhaust hole (“the exhaust opening may include a plurality of control vanes, and the opening and closing may be adjusted in an iris manner to control a portion of the exhaust opening to be widened sequentially from the center to the edge region” [0026]; fig. 5) Regarding claim 19, Cho, as modified, teaches the method of claim 16, further comprising adjusting the diameter of each exhaust hole in the first and second pluralities of exhaust holes (“The opening / closing member 830 can adjust the opening / closing ratio of the exhaust openings 851, 855, 861” [0068]; “the exhaust opening may include a plurality of control vanes, and the opening and closing may be adjusted in an iris manner to control a portion of the exhaust opening to be widened sequentially from the center to the edge region” [0026]; fig. 5) Regarding claim 20, Cho, as modified, teaches the method of claim 16, further comprising inputting a closed hole, open hole, and partially open hole recipe into a control system (“The valve controller 810 is connected to each of the first gate 840 and the second gates 831 to 838 independently, so that the first gate 840 and the second gates 831 to 838 are opened or closed, respectively” [0073]; “The second gates 831-838 switch between a fully closed mode for completely closing the second exhaust openings 851-858, a fully open mode for fully opening, and some open modes for opening a portion. In some open modes, the aperture ratio is adjustable depending on the type of process or the process conditions” [0072]) Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (KR20190122081A), referring to the English translation dated 09/24/2025, in view of Dutertre (US6145544A), in further view of Kim (KR20100077887A), referring to the English translation dated 09/24/2025. Regarding claim 6, Cho does not teach the processing system of claim 5, wherein the zones are based on prescribable patterns of closed exhaust holes, partially opened exhaust holes, and open exhaust holes (while Cho teaches operating the second gates 831 to 838 independently in [0073], it does not disclose a scenario wherein second gates 831 to 838 are in open, closed, and partially open zones) Kim teaches wherein the zones are based on prescribable patterns of closed exhaust holes, partially opened exhaust holes, and open exhaust holes (“The driving unit 165 is connected to the monitoring unit 107 and automatically adjusts the height of the baffle pin 106 based on the monitoring result of the monitoring unit 107, The baffle portion 105 is provided with a plurality of exhaust holes 151 so that the monitoring portion 107 is provided for each of the exhaust holes 151. Therefore, Is limited in terms of cost, structure, and the like. 2, the baffle unit 105 may be divided into four sections, that is, a plurality of baffle sections 105, a plurality of baffle sections 105, 172, 173, and 174 and the monitoring units 107 are provided in the respective zones 171, 172, 173, and 174, respectively. The monitoring unit 107 monitors each of the zones 171, 172, 173,174 to monitor the exhaust gas to control the amount of exhaust. The driving unit 165 may also be configured to simultaneously drive the baffle pins 106 belonging to the respective zones 171, 172, 173, and 174” [page 3 lines 30-38]; thus, since driving unit 165 may be configured to simultaneously drive the baffle pins 106 belonging to the respective zones 171, 172, 173, and 174, patterns of closed exhaust holes, partially opened exhaust holes, and open exhaust holes are prescribable to each zone) The system of Cho can be modified to also comprise a plurality of zones among sets of holes 320 and 330 of Dutertre as applied to Cho, as taught in Kim, that can all be controlled simultaneously in addition to the individual control. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this modification as “the monitoring portion 107 is provided for each of the exhaust holes 151. Therefore, Is limited in terms of cost, structure, and the like” [page 3 lines 33-34]; thus, when controlling the zones, the system is configured with a control method that is still able to provide a uniform exhaust flow, while reducing the cost associated with individual moderation and control. Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (KR20190122081A), referring to the English translation dated 09/24/2025, in view of Dutertre (US6145544A), and Kim (KR20100077887A), referring to the English translation dated 09/24/2025, in further view of Schmidt (US20210356162A1). Regarding claim 7, Cho teaches the processing system of claim 6, wherein the closed exhaust holes are 0% open (“fully closed mode”) [0072] and the partially opened holes are between 0% and about 80% open (“some open modes for opening a portion. In some open modes, the aperture ratio is adjustable depending on the type of process or the process conditions” [0072]; as shown on fig. 5, the second exhaust openings 851 to 858 are between 0% and about 80% open) Cho, as modified, does not explicitly teach wherein the open exhaust holes are about 80% open Schmidt teaches wherein the open exhaust holes are about 80% open (“FIG. 37 shows the valve 126 fully open” [0075]; central opening 128 is about 80% open as shown on fig. 37) Cho does not disclose how open exhaust openings 851 to 858 are in a fully open scenario. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the fully open configuration of second exhaust openings 851 to 858 of Cho to be about 80% open, as taught in Schmidt, in order to allow for the openings to sufficiently exhaust gas in the fully open configuration, while not requiring an enlarged footprint of each opening structure to accommodate second gates 831 to 838 in a case wherein second exhaust openings 851 to 858 were to be opened wider. Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cho (KR20190122081A), referring to the English translation dated 09/24/2025, in view of Dutertre (US6145544A), in further view of Schmidt (US20210356162A1). Regarding claim 18, Cho teaches the method of claim 17, wherein controlling the opening of the iris shutter comprises opening the iris shutter from 0% of a diameter of each exhaust hole in the plurality of exhaust holes (“The second gates 831-838 switch between a fully closed mode for completely closing the second exhaust openings 851-858, a fully open mode for fully opening, and some open modes for opening a portion. In some open modes, the aperture ratio is adjustable depending on the type of process or the process conditions” [0072]; fully closed mode reads on 0% of a diameter of each exhaust hole) Cho does not teach to at least about 80% of the diameter of each exhaust hole in the plurality of exhaust holes (fully open mode would presumably read on at least about 80% of a diameter of each exhaust hole, however it Is not explicitly disclosed) Schmidt teaches to at least about 80% of the diameter of each exhaust hole in the plurality of exhaust holes (“FIG. 37 shows the valve 126 fully open” [0075]; central opening 128 is at least about 80% of the diameter of each exhaust hole as shown on fig. 37) Cho does not disclose how open exhaust openings 851 to 858 are in a fully open scenario. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the fully open configuration of second exhaust openings 851 to 858 of Cho to be about 80% open, as taught in Schmidt, in order to allow for the openings to sufficiently exhaust gas in the fully open configuration, while not requiring an enlarged footprint of each opening structure to accommodate second gates 831 to 838 in a case wherein second exhaust openings 851 to 858 were to be opened wider. Conclusion The prior art of record not relied upon includes: Park (US20220384216A1), which teaches a similar processing system to that claimed 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 BRETT P. MALLON whose telephone number is (571)272-4749. The examiner can normally be reached Monday-Thursday from 8am to 5pm. 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, MICHAEL HOANG can be reached at (571)272-6460. 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. /BRETT P. MALLON/Examiner, Art Unit 3762 /MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
Read full office action

Prosecution Timeline

Jun 22, 2023
Application Filed
Feb 16, 2024
Response after Non-Final Action
Sep 24, 2025
Non-Final Rejection — §103, §112
Dec 01, 2025
Examiner Interview Summary
Dec 01, 2025
Applicant Interview (Telephonic)
Dec 30, 2025
Response Filed
Feb 11, 2026
Final Rejection — §103, §112 (current)

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Expected OA Rounds
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Grant Probability
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2y 11m
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