Prosecution Insights
Last updated: April 19, 2026
Application No. 18/528,988

ASSEMBLY

Non-Final OA §112
Filed
Dec 05, 2023
Examiner
RAEVIS, ROBERT R
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Endress+Hauser
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
2y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allow Rate
1543 granted / 1857 resolved
+15.1% vs TC avg
Strong +16% interview lift
Without
With
+15.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
73 currently pending
Career history
1930
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
41.2%
+1.2% vs TC avg
§102
5.9%
-34.1% vs TC avg
§112
37.2%
-2.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1857 resolved cases

Office Action

§112
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 . 35 U.S.C. 112(b) Rejection Claims 1-11 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. As to claim 1, “in particular” (line 15) is indefinite. As to claim 1, how far does the “in particular” (line 15) extend in this claim? Does it end at the “;” (line 19), or continue to extend to the end of the claim? Note that the different passages end with a mix/assortment of commas (lines 10,12,14,25,27 ) and semi-colons (lines 6,19), and that such seems to add to the uncertainty in this regard. As to claim 1, “channel is between the valve body and the sensor” (lines 26-27) is problematic, as the sensor is disclosed as within the body 3 as a whole. Such is not consistent with the drawings which shows that the first channel 22a is between only a portion of the valve body 3 and the sensor. Contrast with - - the channel is between a portion of the valve body and the sensor - - . As to claim 1, “second channel is defined between the valve body and the immersion portion” (last 2 lines) is problematic, as the sensor is within the immersion portion 8 as a whole. Such is not consistent with the drawings which shows that the second channel 22b is between an internal wall portion of the immersion portion 8 and the sensor. Contrast with the channel is between a portion of the immersion portion and the sensor. As to claim 5, “is designed” is confusing, as it merely adds a human element in an apparatus claim. What is Applicant’s intent regarding the verb “designed”? How is “is designed in” narrower than the broader term - - includes - - ? 35 U.S.C. 112(d) Rejection Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 6’s “is part of” removes claim 1’s separate “a … housing” (line 3, claim 1) and “a head plate” (line 24, claim 1) elements. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Prior Art cited, but not applied The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Arne et al DE 102020120823 (listed 1449) an assembly for receiving a sensor 5a adapted to measure at least one measurand of a medium in a process container, the assembly comprising: a substantially hollow, cylindrical housing configured to connect the assembly to the process container via a process connection and including an immersion portion 2, which is cylindrical at least in portions, wherein the immersion portion comprises a first 9a opening and a second 9b opening opposite the first opening; a rotationally movable valve body 12, at least portions of which are disposed in the immersion portion, which valve body extends along a longitudinal axis of the immersion portion and, on a side remote from the process connection, comprises a first valve body opening and a second valve body opening opposite the first valve body opening (on opposite sides of closing element 3), thereby forming a channel 10, wherein a service chamber is defined in a region between the first and second valve body openings, wherein, in a first position (per Figure 3) of the valve body, the first opening, the second opening, the first valve body opening, and the second valve body opening collectively define an opening (per Figure 3), in particular, the corresponding central points of the first opening, the second opening, the first valve body opening, and the second valve body opening are aligned as to enable a flow through the service chamber from the first opening, first valve body opening, and second valve body opening to the second opening (per Figure 3) and, when the valve body is in a second position (per Figures 4,5), to block the flow through the service chamber; the sensor comprising a sensitive element 5a, wherein the sensor is disposed in the valve body such that the sensitive element is disposed between the first and second valve body openings and, accordingly in the service chamber, such that the medium can flow against the sensitive element; and a head plate arranged on the side of the process connection facing away from the medium, the head plate comprising a first flushing connection 7 and a second flushing connection 7,wherein the first flushing connection opens into a first channel, wherein the first channel is defined between the Grover et al 20040083832 teach (Figure 2A) a probe that employs flushing calibration fluid sources that pass fluid to sensors 119,118 within a probe. The calibration fluid also allows for flushing the tensiometer 7 as a whole (Para 31,53) There are any valves in the probe. However, the Reference does not suggest a rotating valve that provides two inlets and two outlets that collectively “enable a flow” and “block” a channel in conjunction with particularly located flushing paths as called for in Applicant’s claim 1. Reference KR 200344253 teaches (Figure 5b) a probe that positions a sensing portion 41 in a container 150. The probe is affixed to the contain by way of threads 11 (Figure 4). Cleaning fluid 21 is used to clean the sensing portion 41 (Figure 7a). However, the Reference does not suggest a rotating valve that provides two inlets and two outlets that collectively “enable a flow” and “block” a channel in conjunction with particularly located flushing paths as called for in Applicant’s claim 1. Caleffi EP 2385280 teach sensitive member 21 withing a rotationally movable valve body 15. Sun CN 109580901 teach an assembly for receiving a sensor 5 adapted to measure at least one measurand of a medium in a process container (washer machine), the assembly comprising: a substantially hollow, cylindrical housing 7 configured to connect the assembly to the process container via a process connection 14 and including an . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT R RAEVIS whose telephone number is (571)272-2204. The examiner can normally be reached on Mon to Fri from 8am to 4pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina DeHerrera, can be reached at telephone number 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from Patent Center. Status information for published applications may be obtained from Patent Center. Status information for unpublished applications is available through Patent Center to authorized users only. Should you have questions about access to the USPTO patent electronic filing system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). Examiner interviews are available via a variety of formats. See MPEP § 713.01. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/InterviewPractice. /ROBERT R RAEVIS/Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Dec 05, 2023
Application Filed
Jan 11, 2026
Non-Final Rejection — §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
83%
Grant Probability
99%
With Interview (+15.6%)
2y 9m
Median Time to Grant
Low
PTA Risk
Based on 1857 resolved cases by this examiner. Grant probability derived from career allow rate.

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