Prosecution Insights
Last updated: July 17, 2026
Application No. 18/528,809

TESTING DEVICE AND METHOD FOR IMMERSING MATERIALS IN HIGH-TEMPERATURE AND HIGH-PRESSURE HYDROGEN GAS

Non-Final OA §112
Filed
Dec 05, 2023
Examiner
WOODWARD, NATHANIEL T
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Metal Industries Research & Development Centre
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
515 granted / 609 resolved
+16.6% vs TC avg
Moderate +14% lift
Without
With
+14.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
16 currently pending
Career history
620
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
79.6%
+39.6% vs TC avg
§102
1.5%
-38.5% vs TC avg
§112
13.5%
-26.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 609 resolved cases

Office Action

§112
DETAILED ACTION The Amendment filed May 12, 2026 has been entered. Claims 10-20 have been withdrawn as of May 12, 2026. Currently, claims 1-20 are pending in the application. 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 . Specification The disclosure is objected to because of the following informalities: Regarding the Applicants specification, each of the phrases “infiltrating a material into high-temperature and high-pressure hydrogen” throughout the specification should read as “infiltrating a material with high-temperature and high-pressure hydrogen”. This is because as described in Fig. 2 and [0041] of the instant specification, the sample is placed within the high-pressure cabin and subsequently infiltrated with high-pressure hydrogen Appropriate correction is required. Election/Restrictions Applicant’s election without traverse of claims 1-9 in the reply filed on 5/12/2026 is acknowledged. Claim Rejections - 35 USC § 112 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. Claims 1-9 are 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. Regarding claims 1-9, it is unclear how the phrases “a testing device for infiltrating a material into high-temperature and high-pressure hydrogen” is intended. This is because, as described above with regard to the objection of the same phrase throughout the specification, the testing device as described infiltrates a material with high-temperature and high-pressure hydrogen, rather than the reverse. Allowable Subject Matter Claims 1-9 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 1-9, Nagao et al. (US PGPUB 2018/0231450 A1, hereinafter Nagao) in view of Blencoe et al. (US PGPUB 2008/0233010 A1, hereinafter Blencoe) represents the best art of record. However, Nagao in view of Blencoe fails to encompass all of the limitations of independent claim 1 as best understood. Regarding claim 1, Nagao teaches a testing device for infiltrating a material with high-temperature and high-pressure hydrogen (see Fig. 1, hydrogen permeation test device 1; see also [0027] and [0060]-[0072], discussion of high-temperature and high-pressure hydrogen permeation test device 1), comprising: a high-pressure cabin, internally including a sample to be tested (see Fig. 1, high-pressure cabin 111 includes sample 10); a hydrogen compressor, communicated with the high-pressure cabin to adjust a pressure in the high-pressure cabin (see Fig. 1 and [0062], hydrogen compressor 22 adjusts pressure of the cabin 111); a vacuum pump, communicated with the high-pressure cabin to vacuumize the high-pressure cabin (see Fig. 1 and [0067], vacuum pump 31 communicates with the cabin 111 as shown and described); and a controller, electrically connected with the hydrogen compressor and the vacuum pump to control actions of the hydrogen compressor and the vacuum pump (see Fig. 1 and [0064], controller 60 connected to the hydrogen compressor 22 and vacuum pump 31). Nagao fails to teach a hot oil-coated heating and insulation system, coating outside the high-pressure cabin to perform heating and heat insulation on the high-pressure cabin to adjust and maintain a temperature in the high-pressure cabin; a scavenging system, communicated with the high-pressure cabin to purge air impurities in the high-pressure cabin with an inert gas; and a controller, electrically connected with the scavenging system to control actions of the scavenging system. Blencoe teaches a hydrogen permeation test system (see Abstract; see also Fig. 5, all elements) including a hot oil-coated heating and insulation system (302), coating outside the high-pressure cabin to perform heating and heat insulation on the high-pressure cabin to adjust and maintain a temperature in the high-pressure cabin (see Fig. 5, [0038], and claim 6, mineral oil utilized with the bath 302 to control the temperature of the high-pressure cabin as shown and described). However, Blencoe also fails to teach a scavenging system, communicated with the high-pressure cabin to purge air impurities in the high-pressure cabin with an inert gas; and a controller, electrically connected with the scavenging system to control actions of the scavenging system. Hence the best prior art or record fails to teach the invention as set forth in independent claim 1 and the examiner can find no teachings for a testing device for infiltrating a material with high-temperature and high-pressure hydrogen as particularly claimed and including the above limitations, nor reasons within the cited prior art or on his own to combine the elements of these references other than the applicant's own reasoning to fully encompass the current pending claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL T WOODWARD whose telephone number is (571)270-0704. The examiner can normally be reached M-F: 9:00 AM - 5:00 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, Laura Martin can be reached at (571) 272-2160. 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. /NATHANIEL T WOODWARD/ Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Dec 05, 2023
Application Filed
Jul 07, 2026
Non-Final Rejection mailed — §112 (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
85%
Grant Probability
99%
With Interview (+14.4%)
2y 3m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 609 resolved cases by this examiner. Grant probability derived from career allowance rate.

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