Prosecution Insights
Last updated: October 25, 2026
Application No. 18/344,152

SAMPLE TEST CARDS

Non-Final OA §102§Other
Filed
Jun 29, 2023
Priority
Oct 08, 2010 — provisional 61/391,236 +3 more
Examiner
SIEFKE, SAMUEL P
Art Unit
1758
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Biomerieux
OA Round
1 (Non-Final)
63%
Grant Probability
Moderate
1-2
OA Rounds
0m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 63% of resolved cases
63%
Career Allowance Rate
667 granted / 1058 resolved
-2.0% vs TC avg
Strong +18% interview lift
Without
With
+17.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
35 currently pending
Career history
1096
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
31.1%
-8.9% vs TC avg
§102
38.1%
-1.9% vs TC avg
§112
10.1%
-29.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1058 resolved cases

Office Action

§102 §Other
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Election/Restrictions Claim 34 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/20/26. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of pre-AIA 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 – (b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States. Claims 27-28, 30 and 32-33 are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by O’Bear (US 5,609,828). Regarding claim 27, O’Bear discloses a method comprising: moving a card body (fig. 1, 100) in a first direction along a first axis to pass the card in front of a photodetector of a reading machine (col. 6, line 61-col. 7, line 13, a plurality of photodetectors are connected to a controller which moves the card along a first path. When the photodetector detects the first stop hole the card is stopped and reading can occur via the plurality of photodetectors), wherein the card body defines: a first surface (fig. 1 top surface shown) comprising a first edge defining the first axis (left to right axis); at least one sample well (first column on far right having a one sample well 110) defining a well opening in the first surface (well 110 is open at top surface, see fig. 7), the at least one sample well comprising a first sample well (110, see fig. 7); and at least one stop hole (stop hole 310) comprising a first stop hole (310), wherein a leading edge of the first stop hole is offset from a leading edge of the first sample well in the first direction parallel to the first axis (see annotated fig. below. The first stop hole is in the adjacent column which would provide an offset from a leading edge of the first sample well. The sample wells are spaced apart equally in each column and line up with the respective stop hole in each column. The broadest reasonable interpretation is that an adjacent stop hole when detected by a photodetector would stop the cartridge movement and align the photodetector with each respective column of sample wells), wherein the first stop hole (adjacent first stop hole) is configured to align with the photodetector before the first sample well (sample well 110) is aligned for optical reading when the card body is moving in the first direction, the method further comprising: initiating a stop of the card body in response to optical detection of at least the first stop hole, such that the first sample well is configured to be aligned for optical reading when the card body comes to rest (col. 6, line 61-col. 7, line 13). PNG media_image1.png 626 950 media_image1.png Greyscale Regarding claim 28, the method of claim 27, wherein the card body further defines a second surface opposite the first surface (backside of card 100), and wherein the at least one stop hole extends from the first surface to the second surface (see fig. 2 which shows 310 extending through the card), such that the at least one stop hole is configured to allow optical signals to pass through the card body before detection by the photodetector (a stop hole that extends all the way through the card is capable of allowing optical signals to pass through the card body before detection by the photodetector). Regarding claim 30, the method of claim 27, wherein the at least one stop hole comprises a stop hole opening in the first surface, and wherein the stop hole opening is rectangular (see fig. 1). Regarding claim 32, the method of claim 27, wherein moving the card body further comprises applying a force to a rail portion of the card body (this is how the card is moved relative to the photodetector), wherein the card body further defines: a second surface opposite the first surface (backside of card), wherein a distance between the first surface and the second surface defines a thickness of the card body (see fig. 3 and 4 which show a thickness); the rail portion (350, fig. 6) at which the thickness of the card body is greater than the thickness at a second portion of the card body (350 is thicker than body 100 as shown in fig. 6), wherein the at least one stop hole is defined at the rail portion (see fig. 1), and wherein the at least one sample well is defined at the second portion; and wherein the rail portion is defined at least partially along the first edge of the card body. Regarding claim 33, method of claim 32, wherein the rail portion further comprises a first end of the card body spanning the first surface and the second surface, wherein the first end comprises a serrated end surface (see fig. 3 shows serrated edge), and wherein moving the card body comprises applying the force to the serrated end surface. Allowable Subject Matter Claim 29, 31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art does not teach wherein the first stop hole overlaps with the first sample well relative to the first direction parallel to the first axis, such that at least a portion of the first stop hole and at least a portion of the first sample well intersect a plane extending perpendicular to the first axis. Regarding claim 31, the method of claim 27, the prior art does not teach the leading edge of the first stop hole is aligned from about 0.25mm to about 2mm ahead of the leading edge of the first sample well in the first direction parallel to the first axis, such that the card body is configured to travel a corresponding distance from about 0.25mm to about 2mm after the initiation of the stop. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL P SIEFKE whose telephone number is (571)272-1262. The examiner can normally be reached Monday-Friday 8-5. 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, Maris Kessel can be reached at 571-270-7698. 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. /SAMUEL P SIEFKE/Primary Examiner, Art Unit 1758
Read full office action

Prosecution Timeline

Jun 29, 2023
Application Filed
Sep 29, 2026
Non-Final Rejection mailed — §102, §Other (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
63%
Grant Probability
81%
With Interview (+17.8%)
3y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1058 resolved cases by this examiner. Grant probability derived from career allowance rate.

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