Prosecution Insights
Last updated: July 17, 2026
Application No. 18/576,415

THERMOMETER WITH IMPROVED MEASUREMENT ACCURACY

Non-Final OA §102
Filed
Aug 12, 2024
Priority
Jul 08, 2021 — DE 10 2021 117 715.4 +1 more
Examiner
LIN, ERICA S Y
Art Unit
Tech Center
Assignee
Endress+Hauser
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
4m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
908 granted / 1058 resolved
+25.8% vs TC avg
Minimal +2% lift
Without
With
+2.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
25 currently pending
Career history
1087
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
83.2%
+43.2% vs TC avg
§102
13.3%
-26.7% vs TC avg
§112
2.1%
-37.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1058 resolved cases

Office Action

§102
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 Objections Claim 17 is objected to because of the following informalities: the claim includes extra parentheses. Appropriate correction is required. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 16-30 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent Pub. 2022/0397438 (“Koch”). Claim 16 Koch discloses an apparatus for determining and/or monitoring a temperature of a medium in a containment (paragraph [0040]), comprising: a first temperature sensor for registering the temperature (temperature sensor 5); and a heating/cooling element for heating/cooling a predeterminable region of the apparatus in which the first temperature sensor is located (paragraphs [0047-0048], heater 9); wherein the first temperature sensor and the heating/cooling element are arranged such that when arranged on or in the containment, a first distance between the first temperature sensor and a center of the containment is less than a second distance between the heating/cooling element and the center of the containment (paragraph [0016]). Claim 17 Koch discloses the apparatus) as claimed in claim 16, further comprising: at least one reference element for in situ calibration and/or validation of the first temperature sensor) (Koch, paragraph [0047], reference element 10). Claim 18 Koch discloses the apparatus as claimed in claim 16, wherein the first temperature sensor and the heating/cooling element are arranged in a shared measuring probe (Koch, paragraph [0021], shared insert). Claim 19 Koch discloses the apparatus as claimed in claim 16, wherein the first temperature sensor is arranged in a measuring probe and the heating/cooling element is arranged outside of the measuring probe (Koch, Figs. 2a-2c). Claim 20 Koch discloses the apparatus as claimed in claim 19, wherein at least the heating/cooling element is arranged in a housing (Figs. 2a-2c). Claim 21 Koch discloses the apparatus as claimed in claim 16, further comprising: a second temperature sensor arranged at a predeterminable distance from the first temperature sensor (paragraph [0048]). Claim 22 Koch discloses the apparatus as claimed in claim 16, wherein the first temperature sensor includes a temperature sensitive sensor element electrically contacted via a first connection line and a second connection line, wherein the first connection line is divided into a first section composed of a first material and a second section composed of a second material differing from the first material, wherein the second connection line is composed of the second material, and wherein the first section of the first connection line and at least one part of the second connection line form a temperature difference sensor in the form of a thermocouple (Koch, connection lines 6a and 6b; paragraph [0026], thermocouple). Claim 23 Koch discloses the apparatus as claimed in claim 16, further comprising: a control unit for controlling the heating/cooling element with a settable heating/cooling signal (paragraph [0040], electronics 4). Claim 24 Koch discloses the apparatus as claimed in claim 16, further comprising: a unit at least partially comprising a material with anisotropic thermal conductivity, wherein the unit is arranged and/or embodied such that it at least partially surrounds the first temperature sensor (Koch, paragraph [0029]). Claim 25 Koch discloses the apparatus as claimed in claim 16, further comprising: a coupling element for securement to the containment, wherein the coupling element includes a basic body having a contact area that is embodied such that the basic body can be applied via the contact area flushly on the containment, wherein the basic body has a bore for receiving at least the first temperature sensor, and a longitudinal axis of the bore extends tangentially to the contact area (Koch, Figs 2a-2c; securement means 7). Claim 26 Koch discloses a method for determining and/or monitoring a temperature of a medium in a containment, comprising: providing an apparatus for determining and/or monitoring the temperature of the medium in the containment, including: a first temperature sensor for registering the temperature (temperature sensor 5); and a heating/cooling element for heating/cooling a predeterminable region of the apparatus in which the first temperature sensor is located; wherein the first temperature sensor and the heating/cooling element are arranged such that when arranged on or in the containment (paragraphs [0047-0048], heater 9), a first distance between the first temperature sensor and a center of the containment is less than a second distance between the heating/cooling element and the center of the containment (paragraph [0016]); registering the temperature of the medium via the first temperature sensor (paragraph [0040]); and heating or cooling the predeterminable region of the apparatus in which the first temperature sensor is located with the heating/cooling element (paragraph [0021]). Claim 27 Koch discloses the method as claimed in claim 26 wherein a heating/cooling signal for the heating/cooling element is selected in such a manner that a temperature gradient is minimized in the predeterminable region (paragraph [0043]). Claim 28 Koch discloses the method as claimed in claim 27, wherein the heating/cooling element is controlled via a settable heating/cooling signal (paragraph [0040], electronics 4). Claim 29 Koch discloses the method as claimed claim 28, wherein the heating/cooling signal is set as a function of a temperature difference value ascertained by the first and a second temperature sensor or by a temperature difference sensor (Koch, paragraph [0026]). Claim 30 Koch discloses the method as claimed in claim 29, wherein the heating/cooling signal is so set that the temperature difference value ascertained by the first and second temperature sensors or by the temperature difference sensor is minimized (paragraph [0043]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA S Y LIN whose telephone number is (571)270-7911. The examiner can normally be reached M-F 8-4, TW M,W. 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, Douglas X Rodriguez can be reached at (571) 431-0716. 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. /ERICA S LIN/Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Aug 12, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102 (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
88%
With Interview (+2.5%)
2y 3m (~4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1058 resolved cases by this examiner. Grant probability derived from career allowance rate.

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