Prosecution Insights
Last updated: September 17, 2026
Application No. 18/734,941

Flue Gas Analysis Device

Non-Final OA §103
Filed
Jun 05, 2024
Examiner
LIANG, LEONARD S
Art Unit
Tech Center
Assignee
Seitron S P A
OA Round
1 (Non-Final)
62%
Grant Probability
Moderate
1-2
OA Rounds
1y 4m
Est. Remaining
67%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allowance Rate
402 granted / 647 resolved
+2.1% vs TC avg
Minimal +4% lift
Without
With
+4.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
25 currently pending
Career history
690
Total Applications
across all art units

Statute-Specific Performance

§101
17.9%
-22.1% vs TC avg
§103
49.6%
+9.6% vs TC avg
§102
16.0%
-24.0% vs TC avg
§112
13.8%
-26.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 647 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 . Drawings The drawings filed on 06/05/24 are accepted. Examiner’s Note - 35 USC § 101 Claims 1-11 qualify as eligible subject matter under 35 U.S.C. 101. Under step 2A, prong one, independent claim 1 does not recite an abstract idea, law of nature, or natural phenomenon. For the sake of argument, even if independent claim 1 did recite an abstract idea, law of nature, or natural phenomenon under step 2A, prong one, the claim also recites additional elements that integrate the judicial exception into a practical application, under step 2A, prong two. Specifically, the claims disclose a “flue gas analysis device comprising …” certain structural limitations, such as a display and an inlet port for said flue gases. As a whole, the disclosure of the structure of the flue gas analysis device, combined with the implementation of, “dynamically vary the position of said first indicator along said first axis according to the instantaneous value of said first data signals …” was considered to apply the judicial exception with, or by use of, a particular machine (see MPEP 2106.05(b)). Claims 1-11 are therefore not directed to a judicial exception. They qualify as eligible subject matter under 35 U.S.C. 101. 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) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al (CN204301771U) in view of Carroll et al (US Pat 11732891). Please note that both original foreign document and machine translation of CN204301771U have been included. With respect to claim 1, Liu et al discloses: A flue gas analysis device (figures 2-4) a display (figure 2, reference 5) an inlet port for said flue gases (figure 2, reference 9) With respect to claim 1, Liu et al differs from the claimed invention in that is does not explicitly disclose: a first sensor configured to detect the level of a first chemical species, selected from oxygen and carbon dioxide, present in said flue gases and to generate as output first data signals associated with the level of said first detected chemical species a logic unit operatively connected to said display and configured to receive said first data signals as input wherein said logic unit is configured to electronically control said display so as to: display a stoichiometric combustion diagram comprising a first axis indicating excess air display a first indicator along said first axis of the excess air value calculated by said logic unit by processing said first data signals dynamically vary the position of said first indicator along said first axis according to the instantaneous value of said first data signals With respect to claim 1, Carroll et al discloses: a first sensor configured to detect the level of a first chemical species, selected from oxygen and carbon dioxide, present in said flue gases and to generate as output first data signals associated with the level of said first detected chemical species (column 6, lines 12-34 disclose sensing various chemical species, including oxygen (lines 12 and 15) and carbon dioxide (line 31).) a logic unit operatively connected to said display and configured to receive said first data signals as input (column 6, lines 40-46 state, “The above discussed sensors in the stack section may include a flue gas analyzer (not shown) prior to transmission to the process controller 128 that extract, or otherwise test, a sample of the emitted gas within the stack 116 … and perform an analysis on the sample to determine the associated oxygen …”) wherein said logic unit is configured to electronically control said display (figure 11, reference 1168; column 8, line 67 – column 9, line 3 states, “The display 1108 may be co-located with the process controller 128, or may be remote therefrom and displays data about the operating conditions of the heater …”) so as to: display a stoichiometric combustion diagram comprising a first axis indicating excess air (figure 16) display a first indicator along said first axis of the excess air value calculated by said logic unit by processing said first data signals (figure 16; column 12, lines 25-33 state, “When the combustion-system fuel-flow rate changes, the process controller 128 can also be configured to adjust the airflow rate accordingly. It is advantageous for combustion systems to utilize a minimal amount of ‘excess air’ for combustion to maximize efficiency and emissions of the combustion system.”) dynamically vary the position of said first indicator along said first axis according to the instantaneous value of said first data signals (column 6, lines 21-34 state, “These sensors indicate the state of combustion in the heater 102 in substantially real-time … on a real-time basis …”; The claimed dynamic variation is obvious in view of Carroll’s real-time teachings. Column 6, lines 24-28 of Carroll state, “By monitoring the combustion process … the system operator may adjust the process and combustion to stabilize the heater 102 …”) With respect to claim 1, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to incorporate the teachings of Carroll et al into the invention of Liu et al. The motivation for the skilled artisan in doing so is to gain the benefit of real-time monitoring of excess air and other pertinent parameters that affect the performance of the combustion device. With respect to claim 2, Liu et al, as modified, discloses: wherein the logic unit is configured to electronically control said display so as to display along said first axis a range of excess air that leads to high boiler efficiency, said logic unit being configured to calculate said range according to user-settable parameters (obvious in view of combination; Carroll figure 16 discloses display with first axis a range of excess air. Column 12, lines 25-33 of Carroll also discusses the link between excess air and efficiency maximization. Carroll also discloses operator control, which suggests user-settable parameters (see, for example, operator control teachings in column 5, lines 7-14 and column 6, lines 24-28) With respect to claim 3, Liu et al, as modified, discloses: further comprising a second sensor configured to detect the level of a second chemical species present in said flue gases and to generate as output second data signals associated with the level of said second detected chemical species, said logic unit being configured to receive said second data signals as input (obvious in view of combination; Carroll discloses multiple types of sensors, such as references 132, 134, and 136. See also Carroll column 6, lines 21-34.) With respect to claim 4, Liu et al, as modified, discloses: wherein the second chemical species is carbon monoxide and the logic unit is configured to electronically control said display so as to: (obvious in view of combination; Carroll figure 1, reference 134; Carroll figure 16; Carroll column 6, lines 12-45) display on said stoichiometric combustion diagram a second indicator of the carbon monoxide level (Carroll figure 1, reference 134; Carroll figure 16; Carroll column 6, lines 12-45) dynamically vary the position of said second indicator according to the instantaneous carbon monoxide level measured by said second sensor (obvious in view of Carroll’s real-time teachings, as discussed above) With respect to claim 5, Liu et al, as modified, discloses: wherein the stoichiometric combustion diagram comprises at least one trend line of one of said chemical species as a function of excess air (obvious in view of combination; see Carroll figure 16, note curved lines) With respect to claim 6, Liu et al, as modified, discloses: wherein the logic unit is configured to electronically control said display so as to display at least one indicator bar indicating at least one of said levels of chemical species (obvious in view of combination; Carroll figure 16 vertical axes can broadly be construed to serve as indicator bars. Using indicator bars in graphical displays are also obvious to one of ordinary skill in the art.) With respect to claim 7, Liu et al, as modified, discloses: wherein the logic unit is configured to electronically control said display so as to dynamically vary said at least one indicator bar according to said first and/or second data signals (obvious in view of real time teachings of Carroll, as discussed above) With respect to claim 8, Liu et al, as modified, discloses: wherein the stoichiometric combustion diagram comprises an additional efficiency trend line as a function of the excess air (obvious in view of combination; As discussed above, Carroll links “excess air” with efficiency. Carroll figure 16 also discloses various trend lines based on excess air. It would be obvious to one of ordinary skill in the art to interpret one or multiple of such trend lines as an efficiency trend line.) With respect to claim 9, Liu et al, as modified, discloses: wherein the first indicator comprises a segment perpendicular to said first axis (obvious in view of combination; see Carroll figure 16) With respect to claim 10, Liu et al, as modified, discloses: wherein the first indicator comprises digital numerical values (obvious in view of combination; see Carroll figure 16) With respect to claim 11, Liu et al, as modified, discloses: further comprising a third sensor configured to detect the temperatures of said flue gases and to generate as output third data signals associated with said temperature, said logic unit configured to: (obvious in view of combination; see three sensors 132, 134, 136 of Carroll et al in figure 1) electronically control said display so as to display an additional indicator bar indicating said measured temperature (obvious in view of combination; figure 4 of Carroll depicts a diagram showing air temperature). Carroll further discloses temperature monitoring throughout its disclosure.) calculate said range according to said user-settable parameters and said third data signals (obvious in view of combination; see complete teachings of Carroll, as discussed above) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yang et al (US PgPub 20190257519) discloses a system and method for operating a combustion chamber. Liu et al (US PgPub 20220196239) discloses a high temperature carbon monoxide sensor for in-situ combustion monitoring. Saucedo et al (US PgPub 20040231332) discloses real time optimization and control of oxygen enhanced boilers. Bambeck (US Pat 7414726) discloses gas analyzer systems and methods. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEONARD S LIANG whose telephone number is (571)272-2148. The examiner can normally be reached M-F 10:00 AM - 7 PM. 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, ARLEEN M VAZQUEZ can be reached at (571)272-2619. 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. /LEONARD S LIANG/Examiner, Art Unit 2857 08/08/26
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Prosecution Timeline

Jun 05, 2024
Application Filed
Aug 12, 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
62%
Grant Probability
67%
With Interview (+4.5%)
3y 8m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 647 resolved cases by this examiner. Grant probability derived from career allowance rate.

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