Prosecution Insights
Last updated: August 14, 2026
Application No. 18/428,978

Discovery of Instrument-Related Assets and Two-Way Communication with Those Assets Between Network Environments

Final Rejection §101
Filed
Jan 31, 2024
Priority
Jan 31, 2023 — provisional 63/442,355
Examiner
RAHMAN, SHAWNCHOY
Art Unit
2438
Tech Center
2400 — Computer Networks
Assignee
Dionex Softron GmbH
OA Round
2 (Final)
88%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 88% — above average
88%
Career Allowance Rate
677 granted / 773 resolved
+29.6% vs TC avg
Minimal +1% lift
Without
With
+1.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
14 currently pending
Career history
785
Total Applications
across all art units

Statute-Specific Performance

§101
19.5%
-20.5% vs TC avg
§103
41.0%
+1.0% vs TC avg
§102
13.5%
-26.5% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 773 resolved cases

Office Action

§101
DETAILED ACTION This final office action is in response to applicant’s arguments/remarks filed June 03, 2026. Claims 14-22 were previously withdrawn, claims 5, 9, and 23-26 were previously canceled. Claims 11-12 were canceled. Claims 1-4, 6-8, 10, and 13 are currently pending. 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 claim amendments and arguments, see page 6 on of remarks, filed 06/03/2026, with respect to 35 USC § 112 (b) rejection have been fully considered and are persuasive. The rejection of claims 1-4, 6-8, 10, and 13 under 35 USC § 112 (b) has been withdrawn. Applicant’s claim amendments to independent claim 1 and arguments (see pages 7-8 of remarks) filed on June 03, 2026 have been fully considered and are persuasive to overcome prior art(s) rejection. Claim Rejections - 35 USC § 101 Claims 1-4, 6-8, 10, and 13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because independent claim 1 recites “A system…” but fails to positively recite any structural components, hardware features, or functional elements that are configured to perform. MPEP 2106.03 (I) dictates the Four Categories of Statutory Subject Matter where a machine (also known as a “device”) must be a “concrete thing, consisting of parts, or of certain devices and combination of devices.” Digitech Image Techs. v. Electronics for Imaging, 758 F.3d 1344, 1348, 111 USPQ2d 1717, 1719 (Fed. Cir. 2014). This category “includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result.” Nuijten, 500 F.3d at 1355, 84 USPQ2d at 1501 (quoting Corning v. Burden, 56 U.S. 252, 267, 14 L. Ed. 683, 690 (1854)). As the courts’ definitions of machines, manufactures and compositions of matter indicate, a product must have a physical or tangible form in order to fall within one of these statutory categories. Digitech Image Techs. v. Electronics for Imaging, 758 F.3d 1344, 1348, 111 USPQ2d at 1719 (“For all categories except process claims, the eligible subject matter must exist in some physical or tangible form.”). Claim 1 comprises one or computing resources, a first registry service, a proxy client, and a proxy server but fails to provide the functional elements (hardware/machine components) necessary for “a device/system/machine” to perform such functions. All four components can be interpreted as software only under broadest reasonable interpretation. Therefore, claim 1 fails to fall into one of the four categories of statutory subject matter. Dependent claims 2-4, 6-8, 10, and 13 which depends upon the system as claimed in claim 1, fails to positively recite any structural components, hardware features, or functional elements that would qualify as statutory subject matter. Therefore, claims 2-4, 6-8, 10, and 13 are also rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20160277999 A1 (Graves et al.): a system as disclosed herein may further enable the implementation or creation of proxy (i.e., “shadow”) websites which may be associated with one or more destination websites and reside on the hosted server. These proxy websites may be in a position to control a consumer's interaction with a website, at least up until the time that the destination website is actually selected. When a beacon browser (e.g., Google Chrome) scans a physical web beacon configured in accordance with or otherwise compatible with features and parameters as disclosed herein, it queries the hosted server. Originally, the hosted server would act as a redirect server, and would return the destination URL, whereupon the beacon browser would retrieve information (such as for example the website's title, favicon, and description) from that destination website. Instead of the hosted server returning the destination URL, the shadow website on the hosted server in accordance with the exemplary embodiment disclosed herein may hold the connection and return dynamically set information (e.g., title, favicon, description) which are all easily updated by the customer on the host dashboard. When the shadow website is actually selected, the host will then redirect to the final destination URL (via, e.g., a JavaScript window location set, or via HTML5 http refresh with content set). Para. 0118. US 20230164671 A1 (Vig et al.): The proxy agents 120 may be part of the wireless network 100 controlled by the controller 110, and support AP (access point) and/or STA (station) functionalities. In addition, the proxy agents 120 may be devices which were previously on-boarded to the wireless network 100 (i.e., a MAP R3 network) using the controller 110 or other proxy agent 120. Upon onboarding or upon receiving a DPP URI, the controller 110 may inform each of the proxy agents 120 to enable the CCE IE in its beacon and probe response. In addition, in case that the controller 110 is not reachable directly to the enrollee device 130 or the controller 110 does not handle DPP action frames directly, the existing proxy agents 120 in the wireless network 100 may forward the messages from the enrollee agent to the controller 110 either through proxied or direct encapsulation (encap) 1905 messages. Para. 0033. 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 SHAWNCHOY RAHMAN whose telephone number is (571)270-7471. The examiner can normally be reached Monday - Friday 8:30A-5P ET. 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, Taghi T Arani can be reached at 5712723787. 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. /Shawnchoy Rahman/Primary Examiner, Art Unit 2438
Read full office action

Prosecution Timeline

Jan 31, 2024
Application Filed
Mar 11, 2026
Non-Final Rejection mailed — §101
Jun 03, 2026
Response Filed
Jul 21, 2026
Final Rejection mailed — §101 (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

3-4
Expected OA Rounds
88%
Grant Probability
89%
With Interview (+1.0%)
2y 6m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 773 resolved cases by this examiner. Grant probability derived from career allowance rate.

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