Prosecution Insights
Last updated: April 19, 2026
Application No. 18/397,559

THERMAL ANALYSIS SYSTEM

Non-Final OA §103
Filed
Dec 27, 2023
Examiner
KWOK, HELEN C
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Shimadzu Corporation
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
87%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
1303 granted / 1611 resolved
+12.9% vs TC avg
Moderate +6% lift
Without
With
+6.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
59 currently pending
Career history
1670
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
41.2%
+1.2% vs TC avg
§102
30.1%
-9.9% vs TC avg
§112
19.0%
-21.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1611 resolved cases

Office Action

§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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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. Claims 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2018/0299415 (Cardin) in view of U.S. Patent Application Publication 2022/0178803 (Will et al.). With regards to claim 1, Cardin discloses a thermal desorber of a sample comprising, as illustrated in Figures 1-8B, a thermal analysis system 300 (e.g. chemical analysis system; paragraph [0037]) for analyzing a sample gas generated from a sample 102 (e.g. sample in sample container 310; paragraphs [0022],[0038]) heated in a heating unit 326 (e.g. desorption device heater; paragraph [0037]) of a thermogravimetric apparatus 320 (e.g. desorption device; paragraph [0037]) by an analyzer 360 (e.g. detector like gas chromatography GC or gas chromatography mass spectrometry GC-MS; paragraphs [0037],[0044]) comprising a supply tube 314 (e.g. a tube for desorption port; paragraph [0038]) connecting an inside of the heating unit and the analyzer such that the supply tube being configured to supply the sample gas to the analyzer (e.g. paragraphs [0039] to [0043]); a split tube 325 (e.g. tube for split port; paragraph [0039]) branching from a flow path between the inside of the heating unit and the supply tube such that the split tube being configured to cause a part of the sample gas that flows from the inside of the heating unit toward the supply tube to flow out (e.g. paragraphs [0039] to [0043]); a split control in fluid communication with the split tube such that the split controller controls the pressure where the sample can exit the thermal analysis system (e.g. paragraph [0043]). (See, paragraphs [0015] to [0119]). The only difference between the prior art and the claimed invention is a vacuum pump in fluid communication with the split tube such that the vacuum pump being configured to depressurize the inside of the heating unit. Will et al. discloses a thermogravimetric analyzer comprising, as illustrated in Figures 1-9, a thermal analysis system for analyzing a sample gas generated from a sample (e.g. sample; paragraphs [0022],[0024]) heated in a heating unit 12 (e.g. furnace; paragraph [0024]) of a thermogravimetric apparatus 10 (e.g. HP-TGA system; paragraph [0023]) by an analyzer (e.g. a computer; paragraph [0027]) comprising a supply tube (e.g. supply tube from gas supply module 14 in Figure 1; paragraph [0023]) connecting an inside of the heating unit and the analyzer such that the supply tube being configured to supply the sample gas to the analyzer (e.g. paragraph [0027]); a split tube (e.g. top tube coming out from furnace 12 connected to module 18 in Figure 1; paragraph [0023]) branching from a flow path between the inside of the heating unit and the supply tube such; a vacuum pump 16 (e.g. vacuum pump; paragraph [0023]) in fluid communication with the tube such that the vacuum pump being configured to depressurize the inside of the heating unit (e.g. paragraph [0023]). (See, paragraphs [0022] to [0042]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have readily recognize the advantages and desirability of employing a vacuum pump in fluid communication with the split tube such that the vacuum pump being configured to depressurize the inside of the heating unit as suggested by Will et al. to the system of Cardin to have the ability to provide control the pressure inside the heater unit and to exhaust or purge the heating unit after a measurement. (See, paragraphs [0023] of Will et al.). With regards to claim 2, Will et al., modifying Cardin, further discloses a flow controller 18 (e.g. pressure regulator module; paragraph [0023]) connected to the split tube such that the flow controller being configured to control pressure of the inside of the heating unit via the split tube. (See, paragraph [0023]). With regards to claim 3, Will et al., modifying Cardin, further discloses a vent tube (e.g. bottom tube coming out from furnace 12 connected to module 18 in Figure 1; paragraph [0023]) connected to the flow controller 18 such that the vent tube being configured to cause the sample gas that flows into the flow controller from the split tube to flow out where the vent tube is in fluid communication with the vacuum pump. (See, paragraph [0023]; observed in Figure 1). With regards to claim 4, Will et al., modifying Cardin, further discloses a purge tube (e.g. tube coming out of valve 22B is considered as this purge tube in Figure 1) connected to the flow controller; the purge tube being in fluid communication with the inside of the heating unit. With regards to claim 5, Cardin further discloses a sample vaporization chamber 330 (e.g. thermal chamber like an oven; paragraph [0037]) equipped to the analyzer 360 such that the sample vaporization chamber being configured to mix a carrier gas 336 (e.g. carrier fluid or carrier gas; paragraph [0040]) with the sample gas supplied from the supply tube; a flow controller 352 (e.g. split control; paragraph [0043]) connected to the sample vaporization chamber such that the flow controller being configured to control pressure of the inside of the heating unit via the sample vaporization chamber and the supply tube (e.g. paragraphs [0040],[0043],[0060],[0091]; observed in Figure 3). With regards to claim 6, Will et al., modifying Cardin, further discloses a vent tube (e.g. bottom tube coming out from furnace 12 connected to module 18 in Figure 1; paragraph [0023]) connected to the flow controller 18 such that the vent tube being configured to cause the sample gas that flows into the flow controller from the sample vaporization chamber to flow out where the vent tube is in fluid communication with the vacuum pump. With regards to claim 7, Will et al., modifying Cardin, further discloses the split tube is in fluid communication with the vent tube (e.g. observed in Figure 1). With regards to claim 8, Cardin further discloses a gas supply unit configured to supply the carrier gas to the inside of the heating unit (e.g. supply of carrier fluid/gas; paragraphs [0043],[0040]). With regards to claim 9, Cardin further discloses the flow controller 352 performs control such that an inside of the sample vaporization chamber becomes positive in pressure before the inside of the heating unit is exposed to atmosphere (e.g. paragraphs [0040] to [0043], [0046] to [0051],[0057]). With regards to claim 10, Cardin further discloses a flow controller 352 (e.g. split control; paragraph [0043]) is equipped to the analyzer 360. (See, paragraphs [0037],[0043]; observed in Figure 1). With regards to claim 11, Cardin further discloses a flow controller 352 (e.g. split control; paragraph [0043]) is equipped to the analyzer 360. (See, paragraphs [0037],[0043]; observed in Figure 1). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references, particularly Henderson, Blumm, Asano, Kinoshita, Shibuta and Bandurski, are related to thermal analysis system for gas analysis having a sample heated. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Helen C Kwok whose telephone number is (571)272-2197. The examiner can normally be reached Monday to Friday, 7:30 to 4:00 EST. 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, Peter Macchiarolo can be reached at 571-272-2375. 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. /HELEN C KWOK/Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Dec 27, 2023
Application Filed
Jan 27, 2026
Non-Final Rejection — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12590918
CAPACITIVE GAS SENSOR AND METHOD FOR MANUFACTURING SAME
2y 5m to grant Granted Mar 31, 2026
Patent 12591239
SYSTEM, METHOD, AND APPARATUS FOR INSPECTING A SURFACE
2y 5m to grant Granted Mar 31, 2026
Patent 12584785
DISTRIBUTED ACOUSTIC SENSING (DAS) SYSTEM FOR ACOUSTIC EVENT DETECTION BASED UPON COVARIANCE MATRICES AND RELATED METHODS
2y 5m to grant Granted Mar 24, 2026
Patent 12576603
Monitoring Cable Integrity During Pipeline Manufacture
2y 5m to grant Granted Mar 17, 2026
Patent 12578499
LAND SUBSIDENCE DETECTION APPARATUS
2y 5m to grant Granted Mar 17, 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
81%
Grant Probability
87%
With Interview (+6.5%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 1611 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