Prosecution Insights
Last updated: April 19, 2026
Application No. 18/552,236

Improved Metering Systems & Methods

Non-Final OA §112
Filed
Sep 25, 2023
Examiner
MERCADO, ALEXANDER A
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Sur-Tech Instruments Ltd.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
409 granted / 593 resolved
+1.0% vs TC avg
Strong +20% interview lift
Without
With
+19.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
35 currently pending
Career history
628
Total Applications
across all art units

Statute-Specific Performance

§101
3.1%
-36.9% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
16.9%
-23.1% vs TC avg
§112
31.2%
-8.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 593 resolved cases

Office Action

§112
DETAILED ACTION 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 . Election/Restrictions Applicant’s election without traverse of Invention I in the reply filed on 31 December 2025 is acknowledged. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the Sections of the flow meter run must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. 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 – 19 and 21 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 Claim 1, “a … isolation valve … operable to establish a double block and bleed isolation”. A block and bleed isolation inherently requires at least two isolation/block valves and a bleed valve. As such, it is unclear as to how the claimed valve can accomplish a double block and bleed isolation, thus rendering the claim indefinite. Regarding Claims 10 and 11, the claims recite the limitation "the second disc". There is insufficient antecedent basis for this limitation in the claim. Claims dependent upon a rejected claim are therefore rejected as well. Allowable Subject Matter Claims 1 – 19 and 21 would be allowable if rewritten or amended to overcome the rejection(s) 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 Claim 1, as best understood, the closest piece of prior art, Nelson (US 6053055) discloses a rotary chamber isolation valve, in at least Figures 1 and 2, said rotary chamber isolation valve comprising a housing (24) having an internal chamber (in 24) containing a rotatable disc (29) (Figure 1), having different spots thereon that, via rotation of said rotatable disc, are selectively movable into and out of a working position residing inline to change a flow status of said rotary chamber isolation valve between a closed state (between holes 32), and at least one flow state that allows flow (when 32 is aligned with the inlet and outlet) (Figure 1). Nelson fails to disclose the valve selectively operable to establish double block and bleed (DBB) isolation between two sections of a flow meter run, the plurality of rotatable discs in the internal chamber, and the limitations of the additional discs. These features are critical to the applicant’s invention as they allow for reducing the physical area of venting, thus improving the environmental aspects of flaring the product to atmosphere and "pigging" the meter run without the need for breaking pipeline integrity, thus allowing for the live pipeline cleaning and inspection previously undertaken in a depressurized and dis-assembled state to vastly reduce cost and increase safety for this operation, as discussed on Pages 4 and 5 of the filed specification. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm EST. 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. ALEXANDER A. MERCADO Primary Examiner Art Unit 2855 /ALEXANDER A MERCADO/Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Sep 25, 2023
Application Filed
Feb 19, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

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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
69%
Grant Probability
89%
With Interview (+19.6%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 593 resolved cases by this examiner. Grant probability derived from career allow rate.

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