Prosecution Insights
Last updated: September 17, 2026
Application No. 18/723,257

DEVICE FOR THE DELIVERY OF A COMBUSTIBLE GASEOUS MIXTURE AND PROCEDURE

Non-Final OA §103
Filed
Jun 21, 2024
Priority
Dec 23, 2021 — IT 102021000032567 +1 more
Examiner
SAVANI, AVINASH A
Art Unit
Tech Center
Assignee
Sit S P A
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
996 granted / 1336 resolved
+14.6% vs TC avg
Strong +21% interview lift
Without
With
+20.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
24 currently pending
Career history
1350
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
59.6%
+19.6% vs TC avg
§102
26.0%
-14.0% vs TC avg
§112
10.9%
-29.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1336 resolved cases

Office Action

§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 . 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. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 1-6 and 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kucera et al [20190376828], further in view of Matsushita [JP S60213729]. With respect to claim 1, Kucera discloses: A device for delivering a combustible gaseous mixture (M) comprising: first (3) and a second (8) ducts configured for feeding air (4) and a gaseous fuel (7) respectively [paragraph 0021], which join in a mixing zone (62), mixing said gaseous fuel (G) and air (A) according to a predefined lambda coefficient (k) before they are sent to a burner (6) [paragraph 0020 with regard to “..having a fuel and air mixture where an air/fuel ratio is adjustable.” And paragraph 0025]; a ventilation device (5) configured for feeding the air (A) and the gaseous fuel (G) [paragraph 0023 with regard to “The valve controller 26 may then incrementally increase the flow of gas based on the firing rate to achieve a desired air-to-fuel ratio at the combustion chamber 6”]; a gaseous fuel regulator (10) configured for regulating a flow rate of the gaseous fuel (G); a first sensor (22, 24, 30) configured for measuring a flow rate of the air (A) along said first duct [paragraph 0027]; a second sensors (22) configured for measuring an air/fuel pressure ratio, the at least two second sensors being connected between said first and second ducts [see FIG 1, paragraph 0026]; and a control unit (40); the controller being further configured to control said ventilation device and said gaseous fuel regulator at least in order to keep said lambda coefficient (λ) within predefined intervals [paragraph 0023]. Kucera further shows: {cl. 2} The device of claim 1, characterized in that said first sensor is a flow sensor selected from a differential pressure sensor and a thermomassic sensor, located between two terminals disposed in correspondence with said first duct respectively before and after a reduced cross section thereof, and in that said at least two second sensors are flow sensors of the thermomassic type each comprising two terminals disposed respectively in correspondence with the first and second ducts [paragraph 0025-0026]. {cl. 3} The device of claim 1, wherein the device further comprises a speed sensor configured for measuring an actual rotation speed of said ventilation device, and said control unit is configured to process data supplied at least by said first sensor and said speed sensor in order to control in real time a quantity of the air (A) that is fed to the burner and to keep a parameter (K), given by a ratio between said flow rate of the air (A) and said actual rotation speed, approximately equal to an initial value (K0) [paragraph 0023]. {cl. 4} The device of claim 1, characterized in that said speed sensor is a Hall effect sensor connected to said ventilation device [paragraph 0039]. Kucera, however does not show the two sensors as claimed or the automatic recalibration of the sensors as claimed. Matsushita makes up for these deficiencies by teaching: {cl. 1, cont’d} at least two second sensors (11, 11A) configured for measuring an air/fuel pressure ratio and a control unit configured to implement a procedure for the automatically recalibrating said sensors and for processing data supplied by said first and second sensors [see FIGS 1, 2, 4, paragraph 0001-0003]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the invention of Kucera with the teachings of Matsushita because Matsushita provides a known solution to improve reliability for measurement devices. With respect to claim 5, Kucera discloses: A method of delivering a combustible gaseous mixture (M), the method comprising: feeding, by a gaseous fuel regulator (10) and a ventilation device (5) respectively, air (4) in a first duct (3) and a gaseous fuel (7) in a second duct (8) which joins said first duct in a mixing zone (62) which is able to mix the gaseous fuel (G) and air (A) according to a predefined lambda coefficient (λ) before they are sent to a burner (6) [paragraph 0024]; measuring a flow rate of the air (A) along said first duct by a first sensor (22, 24, 30) [paragraph 0027]; measuring an air/fuel pressure ratio between said first and second ducts by at least a sensor connected between said first and second ducts [paragraph 0026]; detecting data by said first and second sensors [paragraph 0023]; and processing said data in order to control said ventilation device and said gaseous fuel regulator at least in order to keep said lambda coefficient (λ) within predefined intervals [see FIGs 1 and 3, paragraph 0023-0027]. Kucera, however does not show the two sensors as claimed or the automatic recalibration of the sensors as claimed. Matsushita makes up for these deficiencies by teaching: {cl. 5, cont’d} measuring an air/fuel pressure ratio between said first and second ducts by at least two second sensors (11, 11A) connected between said first and second ducts; executing a recalibration procedure that automatically recalibrates said first and second sensors [see FIGs 1, 2, 4, paragraph 0001-0003]. Matsushita further teaches: {cl. 6} The method of claim 5, wherein said calibration procedure is performed on a basis of measurements of all of said first and second sensors measuring flow rates of air that passes through said first and second sensors [paragraph 0001-0003]. {cl. 12} The method of claim 5, wherein said predefined percentage difference (D1) is between 4% and 6% [paragraph 0001-0003]. {cl. 13} The method of claim 5, wherein the method comprises activating said recalibration procedure automatically, in a step of preparing to ignite a flame (F) in said burner [paragraph 0001-0003 periodic verification is commonly known]. {cl. 14} The method of claim 5, comprising: comparing data values detected by said second sensors; and if any difference between the data values detected by said second sensors is higher than a predetermined percentage difference (D2), causing a valve device to stop a flow of the gaseous fuel (G) and performing said recalibration procedure [paragraph 0001-0003]. {cl. 15} The method of claim 14, comprising carrying out said comparing of said data values detected by said second sensors at least one of in a step of igniting said flame (F), and periodically or continuously, in an operating step of said burner [paragraph 0001-0003, periodic verification is commonly known]. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to modify the invention of Kucera with the teachings of Matsushita because Matsushita provides a known solution to improve reliability for measurement devices. Allowable Subject Matter Claims 7-11 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 combination of features is not found in the art or rendered obvious. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Pechoux [6533574] is considered relevant art for similar calibration of sensors teachings [see FIG 3, col 4, line 37-col 5, line 22]. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AVINASH A SAVANI whose telephone number is (571)270-3762. The examiner can normally be reached Monday thru Friday 8am-4pm. 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, Michael Hoang can be reached at 571-272-6460. 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. /AVINASH A SAVANI/Primary Examiner, Art Unit 3762 9/1/2026
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Prosecution Timeline

Jun 21, 2024
Application Filed
Sep 03, 2026
Non-Final Rejection mailed — §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
75%
Grant Probability
95%
With Interview (+20.8%)
3y 0m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1336 resolved cases by this examiner. Grant probability derived from career allowance rate.

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