Prosecution Insights
Last updated: September 17, 2026
Application No. 18/683,336

Agitator device, agitation system and method for operating an agitation system

Non-Final OA §102
Filed
Feb 13, 2024
Priority
Aug 13, 2021 — DE 10 2021 121 103.4 +1 more
Examiner
SORKIN, DAVID L
Art Unit
Tech Center
Assignee
Ekato Rühr- Und Mischtechnik GmbH
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
80%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
800 granted / 1188 resolved
+7.3% vs TC avg
Moderate +13% lift
Without
With
+12.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
57 currently pending
Career history
1230
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
34.1%
-5.9% vs TC avg
§102
30.9%
-9.1% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1188 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 . Election/Restrictions Applicant’s election without traverse of Group I, claims 1-8, in the reply filed on 12 August 2026 is acknowledged. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peterson (US 9,151,326), with Newman (US 2015/0259790) cited as evidence of inherent properties: Regarding claim 1, Peterson discloses an agitator device having at least one intermediate bearing which is configured for supporting an agitation shaft within an agitation tank and which has a first bearing element (320b) and a second bearing element (120b) which, in an operation state, is rotatable relative to the first bearing element around a bearing axis and is in contact with the first bearing element, wherein at least one of the bearing elements has polycrystalline diamond (see col. 6, lines 22-27). Regarding claim 2, both bearing elements have polycrystalline diamond (see col. 2, lines 22-29). Regarding claim 3, the intermediate bearing is designed for dry running (see col. 13, lines 25-39). Regarding claim 4, both bearing elements are disclosed to be diamond (see col. 2, lines 22-29). Newman at [0076] is cited as to the friction coefficient of diamond being at most 0.08 Regarding claim 5, both bearing elements are disclosed to be diamond (see col. 2, lines 22-29) and diamond has a compressive strength of greater than 5 GPa. Regarding claim 6, both bearing elements are disclosed to be diamond (see col. 2, lines 22-29) and diamond inherently has a thermal conductivity of at least 400 W/mK. See [0076] of Newman for as evidence of such inherency. Regarding claim 7, both bearing elements are disclosed to be diamond (see col. 2, lines 22-29) and being temperature resistant to at least 250 degrees C is an inherent property of diamond. See [0075] of Newman for as evidence of such inherency. Regarding claim 8, the intermediate bearing is designed as a radial bearing, wherein the first bearing element is designed as a stationary outer ring and the second bearing element is designed as a movable inner ring (see Figs. 7A and 7B). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID L SORKIN whose telephone number is (571)272-1148. The examiner can normally be reached 7am-3:30pm. 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, Claire X Wang can be reached at (571) 270-1051. 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. DAVID L. SORKIN Examiner Art Unit 1774 /DAVID L SORKIN/Primary Examiner, Art Unit 1774
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Prosecution Timeline

Feb 13, 2024
Application Filed
Aug 28, 2026
Non-Final Rejection mailed — §102 (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
67%
Grant Probability
80%
With Interview (+12.9%)
3y 2m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1188 resolved cases by this examiner. Grant probability derived from career allowance rate.

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