Prosecution Insights
Last updated: April 19, 2026
Application No. 18/567,350

SAMPLE LIQUID ATOMIZATION DEVICE AND ANALYSIS DEVICE

Non-Final OA §102§103
Filed
Dec 05, 2023
Examiner
MASKELL, MICHAEL P
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Hitachi High-Tech Corporation
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
917 granted / 1064 resolved
+18.2% vs TC avg
Moderate +10% lift
Without
With
+10.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
17 currently pending
Career history
1081
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
38.3%
-1.7% vs TC avg
§102
37.4%
-2.6% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1064 resolved cases

Office Action

§102 §103
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 . Claim Rejections - 35 USC § 102 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, 5, 8, 9, 11, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ariga, et al (JP 2019/45114 A2; cited in IDS, copy in IFW). Regarding claim 1, Ariga discloses a sample liquid atomization device comprising: An ultrasonic sample liquid atomization unit including: An exciting part that emits ultrasonic vibration (implied by ultrasonic horn); A vibration member having a vibration surface (13b) to be excited by the exciting part; And a pipe (13e) that supplies a sample liquid to the vibration surface (Fig. 3), the ultrasonic sample liquid atomization unit atomizing the sample liquid supplied to the vibration surface by the ultrasonic vibration of the vibration surface; and A first pipeline part that is a tubular member (13), Wherein the first pipeline part extends in a direction of the ultrasonic vibration of the vibration surface (Fig. 3), and The ultrasonic sample liquid atomization unit is provided inside the first pipeline part and supported by a holding member (13a) in the first pipeline part. Regarding claim 5, Ariga discloses wherein the vibration member includes the vibration surface at one end, and includes the exciting part between the one end and the other end (Fig. 3 implies that the exciting part is upstream of the vibration member 13b in pipe 13); and The holding member is connected to the vibration member between the other end and the exciting part (Fig. 3). Regarding claim 8, Ariga discloses wherein the vibration surface includes a plate-shaped member (13d) having one or more holes on a surface thereof (13d is a planar micro mesh, which is equivalent to a plate shaped member with holes), and The pipe supplies the sample liquid between the vibration surface and the plate-shaped member (Fig. 3). Regarding claim 9, Ariga discloses a second pipeline part (14) that is a tubular member; Wherein the second pipeline part has one end connected to the first pipeline part via a heat insulating member (13g), and includes a heating part (15) that heats a wall surface of the second pipeline part. Regarding claim 11, Ariga discloses a power source circuit (implied by power cord visible in Fig. 2) that supplies a voltage to the vibration surface. Regarding claim 12, Ariga discloses the sample liquid atomization device being used to collect a sample solution, which implies that the collected sample solution will be analyzed by an analysis device. 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. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ariga in view of Reboud, et al (U.S. Patent Application Publication 2014/0083174 A1). Regarding claim 10, Ariga discloses the sample liquid atomization device according to claim 9, but does not teach a charge applying part at one end or the other of the second pipleline part, that applies a positive or negative charge to a sample component contained in the sample liquid atomized; however, Reboud teaches that the droplets of an atomized spray like Ariga’s must be charged in order to be handled for analysis, and therefore a charge applying part is used to apply a positive or negative charge to the sample droplets (paragraph 0020). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide Ariga’s device with a charge applying part at one end or the other of the second pipleline part, that applies a positive or negative charge to a sample component contained in the sample liquid atomized, because doing so would allow the droplets to be handled for analysis. Allowable Subject Matter Claims 2-4, 6, and 7 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. The following is a statement of reasons for the indication of allowable subject matter: Regarding claims 2-4, the prior art fails to teach that the holding member supports the ultrasonic sample liquid atomization unit such that the ultrasonic vibration of the ultrasonic sample liquid atomization unit is not transmitted to the first pipeline part Regarding claims 6 and 7, the prior art fails to teach wherein the first pipeline part includes a pipe through which gas flows inside the first pipeline part. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P MASKELL whose telephone number is (571)270-3210. The examiner can normally be reached M-F 10A-6P. 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, Georgia Epps can be reached at 571-272-2328. 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. /MICHAEL MASKELL/Primary Examiner, Art Unit 2878 24 January 2026
Read full office action

Prosecution Timeline

Dec 05, 2023
Application Filed
Jan 24, 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
86%
Grant Probability
96%
With Interview (+10.1%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1064 resolved cases by this examiner. Grant probability derived from career allow rate.

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