Prosecution Insights
Last updated: July 17, 2026
Application No. 18/485,311

FLOW RATE SWITCHING MECHANISM AND MASS SPECTROMETER

Non-Final OA §103§112
Filed
Oct 12, 2023
Priority
Oct 12, 2022 — JP 2022-163929
Examiner
LI, LARRY
Art Unit
2881
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
SHIMADZU Corporation
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
3 granted / 3 resolved
+32.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
27 currently pending
Career history
29
Total Applications
across all art units

Statute-Specific Performance

§103
27.9%
-12.1% vs TC avg
§102
4.7%
-35.3% vs TC avg
§112
67.4%
+27.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 3 resolved cases

Office Action

§103 §112
CTNF 18/485,311 CTNF 101042 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 1. 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 08-25-01 AIA 2. Applicant’s election without traverse of Species I, encompassing claims 1, 3-4, and 6 , in the reply filed on April 29, 2026 is acknowledged. 08-06 AIA Claim s 2 and 5 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species II , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 29, 2026 . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 3. Claim s 4 and 6 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. Claim Rejections - 35 USC § 112 07-30-02 AIA 4. 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. 07-34-01 5. Claim 1, 3-4, 6 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. Claim 1 recites the limitation "the hermetic support member". There is insufficient antecedent basis for this limitation in the claim. Claims 3-4, 6 depend from claim 1 and are also rejected as being indefinite. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 6. 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. 07-20-aia AIA 7. 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. 07-21-aia AIA 8. Claim 1 is rejected under 35 U.S.C 103 as being unpatentable over Williamson (US-6273133) in view of Markulec (US-5836355) . 9. Regarding claim 1: Williamson teaches a flow rate switching mechanism (column 2 teaches a multi rate switching device 10) , comprising: a first flow-path-narrowing section (column 7 teaches flow path 156 that extends from port 110 to port 80 via bore 151 of restrictor 16) including: a first housing with a passage internally bored through (column 3 teaches outer bore 60, which corresponds to a first housing with a passage internally bored through under BRI because it provides physical boundary and containment for the restrictor 16) , the passage having a narrowed portion at a distance from one end of the passage, and the narrowed portion having a smaller cross-sectional area than a cross-sectional area of the passage at the one end (columns 3-4 teaches the stepped outer bore 60, which has a wider restrictor containment chamber 66, which in fluid communication with the o-ring containment chamber 68, that steps down into a narrower cylindrical passage 64) ; and a capillary held within the passage, having an internal passage having a smaller cross-sectional area than a cross-sectional area of the narrowed portion (column 6 teaches a capillary tube or restrictor 16 held within the restrictor containment chamber 66, which features an axial open bore 151 that restricts the fluid. For the restrictor 16 to regulate or restrict the flow, its internal bore 151 is narrower than the surrounding supply passages) , and airtightly sealed between its outer circumference and an inner circumference of the passage (column 6 teaches a sealing O-ring 154 located within the containment chamber 68. The O-ring 154 seals the outer surface of the restrictor 16 against the inner walls of the chamber) ; a second flow-path-narrowing section (column 7 teaches flow path 158 that extends from port 110 to port 80 via bore 152 of restrictor 17) having a second housing identical in shape to the first housing (column 3 teaches bore 61, which corresponds to a second housing under BRI because it provides physical boundary and containment for the restrictor 17. Bores 60 and 61 share the same shape because each includes cylindrical passage 64, a restrictor containment chamber 66, and an o-ring containment chamber 68 ). a three-way valve having an outlet end (column 5 teaches a valve 14 featuring three valve ports 122, 123, 124 in fluid communication with the T-joint fitting 120 ), a first inlet end connected to an other end of the passage in the first flow-path-narrowing section, and a second inlet end connected to an other end of the passage in the second flow-path-narrowing section (column 7 teaches that the rotation of the valve 14 to the position shown in fig. 18 results in a parallel flow path 160 consisting both flow path 156 and 158 that extend from port 110 to 80 via bore 151 of restrictor 16 and bore 152 of restrictor 17) , In one embodiment (fig. 18), Williamson does not specifically teach that the three-way valve configured to be alternatively switchable between a first state in which the outlet end is connected to the first inlet end and a second state in which the outlet end is connected to the second inlet end. However, in further description and embodiments, Williamson teaches the three-way valve configured to be alternatively switchable between a first state in which the outlet end is connected to the first inlet end and a second state in which the outlet end is connected to the second inlet end (column 7 teaches that the rotation of the valve 14 to the position shown in fig. 16 results in a single serial flow path 156 that extends from port 110 to port 80 via bore 151 of restrictor 16. The rotation of the valve 14 to the position shown in fig. 17 results in a single serial flow path 158 that extends from port 110 to port 80 via bore 152 of restrictor 17) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Williamson to include the three-way valve configured to be alternatively switchable between a first state in which the outlet end is connected to the first inlet end and a second state in which the outlet end is connected to the second inlet end. One of ordinary skill in the art would be motivated to make such modification to achieve flow path switching (as taught in Williamson column 7) . Williamson fails to teach a second housing without having the capillary and the hermetic support member. However, Markulec teaches a second housing without having the capillary and the hermetic support member (column 2 teaches a set of uniquely ported and passage routed base blocks. The base blocks can be optionally mounted with functional components, which corresponds to not having the capillary and the hermetic support member) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Williamson in view of Markulec to include a second housing without having the capillary and the hermetic support member. One of ordinary skill in the art would be motivated to make such modification to provide a base block without restrictive components to restrict fluid communication (as taught in Markulec column 3) . 07-21-aia AIA 10. Claim 3 is rejected under 35 U.S.C 103 as being unpatentable over Williamson in view of Markulec, further in view of Kiefersauer (US 6355217) . 11. Regarding claim 3: Williamson in view of Markulec teaches the flow rate switching mechanism according to claim 1. Williamson further teaches a hermetic support member configured to support the capillary within the passage and to provide a seal between an outer circumferential surface of the capillary and an inner circumferential surface of the passage (column 6 teaches that the o-rings 154 are attached to the outer surfaces of the restrictors 16 to form liquid tight seals) . Williamson in view of Markulec fails to teach that wherein the hermetic support member is made of a rubber-elastic material having a through hole into which the capillary is to be inserted, the hermetic support member configured to be pressed into the passage. However, Kiefersauer teaches that wherein the hermetic support member is made of a rubber-elastic material having a through hole into which the capillary is to be inserted (column 4 teaches that the holding capillary 31 is pushed through the bore of the seal part 33 together with the ring seal 34 (e.g. of rubber)) , the hermetic support member configured to be pressed into the passage (column 5 teaches that the ring seal is compressed to create a tight seal) . It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to have modified Williamson in view of Markulec, further in view of Kiefersauer to include that wherein the hermetic support member is made of a rubber-elastic material having a through hole into which the capillary is to be inserted, the hermetic support member configured to be pressed into the passage. One of ordinary skills in the art would be motivated to make such modification so that the capillary is sealed off with an elastic material. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARRY LI whose telephone number is (571) 272-5043. The examiner can normally be reached 8:30am-4:30pm. 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, Robert Kim can be reached at (571) 272-2293. 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. /LARRY LI/ Examiner, Art Unit 2881 /WYATT A STOFFA/Primary Examiner, Art Unit 2881 Application/Control Number: 18/485,311 Page 2 Art Unit: 2881 Application/Control Number: 18/485,311 Page 3 Art Unit: 2881 Application/Control Number: 18/485,311 Page 4 Art Unit: 2881 Application/Control Number: 18/485,311 Page 5 Art Unit: 2881 Application/Control Number: 18/485,311 Page 6 Art Unit: 2881
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Prosecution Timeline

Oct 12, 2023
Application Filed
Jun 04, 2026
Non-Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
2y 7m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 3 resolved cases by this examiner. Grant probability derived from career allowance rate.

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