Prosecution Insights
Last updated: April 19, 2026
Application No. 18/526,125

LYOPHILIZER PLATES HAVING HIGH EMISSIVITY

Non-Final OA §102§103
Filed
Dec 01, 2023
Examiner
WAN, DEMING
Art Unit
3762
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Terumo Bct Inc.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allow Rate
691 granted / 903 resolved
+6.5% vs TC avg
Strong +42% interview lift
Without
With
+42.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
46 currently pending
Career history
949
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
47.9%
+7.9% vs TC avg
§102
25.2%
-14.8% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 903 resolved cases

Office Action

§102 §103
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. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 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 – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim s 1 -13 and 15 -17 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by JP 2014214992 to Hosomi (The art rejection is made based on the respective English translation by PE2E) . In Reference to Claim 1 Hosomi discloses a lyophilizer comprising: a shelf (Fig. 1, 1a-1d); and a container (Fig. 2, V2), at least one of the shelf and the container including a material having an emissivity greater than or equal to about 0.6 to less than or equal to about1.0 (Hosomi discloses the emissivity of the deposited shelves 1 a and 1b is about 0.97, the emissivity of vial is 0.9). In Reference to Claim 2 Hosomi discloses a plate body including the material. (Fig. 1, 1a/1b) In Reference to Claim 3 Hosomi discloses the shelf includes: a plate body (Fig. 2, 1) ; and a coating (Fig. 2, 4a) disposed on one or more surface of the plate body, the coating including the material (Hosomi discloses the 4a can be nickel which has a emissivity 0.95 ) . ( In Reference to Claim 4 Hosomi discloses the emissivity is a first emissivity (emissivity of the shelves 1a and 1b is 0.97) , and the plate body has a second emissivity (The plate has a cover layer which is Nickel which has a emissivity 0.95) that is less than the first emissivity. In Reference to Claim 5 Hosomi discloses the emissivity is a first emissivity (emissivity of the shelves 1a and 1b is 0.97) , and the plate body has a second emissivity (The plate has a cover layer which is Nickel which has a emissivity between 0.95-1, so it can be 0.97) that is the same as the first emissivity. In Reference to Claim 6 Hosomi discloses a flexible structure; and a fixture configured to receive and hold the flexible structure, the fixture including the material. (As showed in Fig . 2, the vial has a flexible cover, and a fixture body which has the material with a emissivity 0.9) In Reference to Claim 7 Hosomi discloses the material is a first material (The shelf 1a has a emissivity 0.97) , the emissivity is a first emissivity, and the shelf includes: a plate body (The shelf 1a has a emissivity 0.97) including a second material (the coating 1b is made of nickel has a emissivity 0.95) having a second emissivity, the second emissivity being greater than or equal to about 0.6 to less than or equal to about1.0. In Reference the Claim 8 Hosomi disclose the material is a first material, the emissivity is a first emissivity (The shelf 1a has a emissivity 0.97) , and the shelf includes: a plate body (The shelf 1a has a emissivity 0.97) ; and a coating disposed on one or more surface of the plate body, the coating including a second material (the coating 1b is made of nickel has a emissivity 0.95) having a second emissivity, the second emissivity being greater than or equal to about 0.6 to less than or equal to about1.0. In Reference to Claim 9 Hosomi discloses the emissivity is greater than or equal to about 0.8 to less than or equal to about 1.0 (Hosomi discloses the emissivity is higher than 0.9 less than 1) In Reference to Claim 10 Hosomi discloses A shelf plate for a lyophilizer, the shelf plate comprising: a plate body (Fig. 1, 1a/1b) ; and a material layer (Fig. 2, 4a) disposed on or defining one or more surfaces of the plate body, the material layer having an emissivity greater than or equal to about 0.6 to less than or equal to about1.0. (The plate has a cover layer which is Nickel which has a emissivity between 0.95) In Reference to Claim 11 Hosomi discloses the emissivity is a first emissivity (emissivity of the shelves 1a and 1b is 0.97), and the plate body has a second emissivity (The plate has a cover layer which is Nickel which has a emissivity 0.95) that is less than the first emissivity. In Reference to Claim 12 Hosomi discloses the emissivity is a first emissivity (emissivity of the shelves 1a and 1b is 0.97), and the plate body has a second emissivity (The plate has a cover layer which is Nickel which has a emissivity between 0.95-1, so it can be 0.97) that is the same as the first emissivity. In Reference to Claim 13 Hosomi discloses the material layer is a continuous layer. (As showed in Fig.2, layer 4a/4b) In Reference to Claim 15 Hosomi discloses the material layer is an anodized layer (layer 4a can be a aluminum oxide) . In Reference to Claims 16 and 17 Hosomi discloses the material layer comprises a fluoropolymer. (layer 4b) In Reference to Claim 19 Hosomi discloses a flexible structure; and a fixture configured to receive and hold the flexible structure, the fixture including the material. (As showed in Fig . 2, the vial has a flexible cover, and a fixture body which has the material with a emissivity 0.9) In Reference to Claim 20 Hosomi discloses the material is a first material (The shelf 1a has a emissivity 0.97), the emissivity is a first emissivity, and the shelf includes: a plate body (The shelf 1a has a emissivity 0.97) including a second material (the coating 1b is made of nickel has a emissivity 0.95) having a second emissivity, the second emissivity being greater than or equal to about 0.6 to less than or equal to about1.0. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim s 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hosomi . In Reference to Claim 14 Hosomi discloses the material layer is a continuous layer. Hosomi does not teach a discontinue layer. According to MPEP, the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice. It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to have the coated layer as a discontinued pieces. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Hosomi in view of 2021529926 (JP926) . In Reference to Claim 18 Hosomi discloses the Lyophilization system. Hosomi does not teach a non-planar configuration. JP926 teaches a non-planar configuration (Fig. 1 as showed) It would have been obvious to one with ordinary skill in the art before the effective filing date of the claimed invention to incorporate teachings from JP926 into the design of Hosomi. Doing so, would result in a non-planar plate being used in the lyophilization system as being taught by JP926. Both inventions of Hosomi and JP926 as in the same field of endeavor, JP926 teaches a design with a predictable result of success. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT DEMING WAN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1410 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Mon-Thur: 8 am to 6 PM . 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, FILLIN "SPE Name?" \* MERGEFORMAT Michael Hoang can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 57122726460 . 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. FILLIN "Examiner Stamp" \* MERGEFORMAT DEMING . WAN Examiner Art Unit 3762 /DEMING WAN/ Primary Examiner, Art Unit 3762 3/25/26
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Prosecution Timeline

Dec 01, 2023
Application Filed
Mar 27, 2026
Non-Final Rejection — §102, §103 (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
76%
Grant Probability
99%
With Interview (+42.4%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 903 resolved cases by this examiner. Grant probability derived from career allow rate.

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