Prosecution Insights
Last updated: May 29, 2026
Application No. 18/827,941

System and Method for Determining Particulate Size Distribution and Other Properties from a Combined Optical and Aerodynamic Inversion

Non-Final OA §103
Filed
Sep 09, 2024
Priority
Mar 01, 2020 — provisional 62/983,745 +1 more
Examiner
BRYANT, REBECCA CAROLE
Art Unit
2877
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Airphoton LLC
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
1y 7m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
350 granted / 545 resolved
-3.8% vs TC avg
Strong +32% interview lift
Without
With
+32.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
28 currently pending
Career history
579
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
74.0%
+34.0% vs TC avg
§102
12.1%
-27.9% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 545 resolved cases

Office Action

§103
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 § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-9, 11-14, 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Trainer U.S. Patent #5,416,580. With respect to claims 1 and 14, Trainer discloses an apparatus comprising: A body having a top surface, an opposing bottom surface, a central longitudinal axis, and a sampling chamber located between the top surface and bottom surface (figure 5, Col.7, l 19-21, wherein the sample cell 203/503 have a top surface and a bottom surface with a sample chamber in between, central longitudinal axis = vertical direction of flow cell) A plurality of light sources all on a first side of the central longitudinal axis, the plurality of light sources extending radially from the sampling chamber such that each of the plurality of light sources extends along its own longitudinal axis (Figure 5, light sources 515, 521, 518) A light trap extending radially from the sampling chamber, the light trap being associated with one of the plurality of light sources across the sampling chamber and extending along the longitudinal axis of its associated light source (Figure 5, light traps 520, 517, 523) An optical detector extending radially from the sampling chamber along a photomultiplier longitudinal axis, different from the longitudinal axes of the light sources and the light traps (Figure 5, optical detector 514) Additionally, Trainer discloses uses any plurality of light sources (Col.8, l 32-35) and that a greater number of light sources could be used without departing from the spirit or scope of the invention (Col.8, l 43-46). Trainer also discloses only half of the full 360 degree range is needed to measure all possible scattering angles (Col.10, l 10-14). Trainer discloses all of the limitations as applied above. However, Trainer fails to disclose a photomultiplier light trap diametrically opposite from the optical detector across the sampling chamber along the photomultiplier longitudinal axis and no light sources are on a second side of the central longitudinal axis and all the light traps are located on a second side of the axis and none of the plurality of light traps are located on the first side. It would have been obvious to one of ordinary skill in the art at the time of the invention a light trap for the detector as well since Trainer is interested in angular distributions from the various lights and a light trap on the opposite side of the sample from the detector will ensure that less ambient light is collected. Light traps are well known in the art and only involve ordinary skill to incorporate. It would have been obvious to one of ordinary skill in the art at the time of the invention to have light sources only on one side of the central axis since it has been held that rearranging parts of an invention involves only routine skill in the art. In this case, since Trainer discloses that scattering is only needed from 180 degrees (one side) of the sample and that any number of sources in a number of locations are permissible without departing from the spirit of the invention. Locating light sources only on one side would enable a more compact structure and save resources by consolidating and minimizing sources and energy. With respect to claim 2, 3, 5, 6, 7, 8, 9, 15, 16, 17, Trainer discloses all of the limitations as applied to claim 1 above. In addition, Trainer discloses: a sampling inlet formed in a top surface of the chamber (Figure 5, sampling tubing 504 connects to sample chamber 503, Col.7, l 19-21) a sampling outlet formed in the bottom surface of the chamber (Figure 5, bottom of sample chamber 503 exits into tubing 504, Col.7, l 19-21) a sampling inlet extending along an inlet axis and a sampling outlet extending along the inlet axis, such that the inlet axis extends across the sampling chamber (Figure 5) each light source comprising an LED (Col.8, l 47-49) at least one collimator located in each light source between the light emitting diode and the sampling chamber (Col.7, l 25-31) each light trap comprises a mirror extending at a 45 degree angle relative to the respective light trap’s longitudinal axis, each mirror has a black reflective surface (Figure 5, beam dumps 517, 520, 523, Col.8, l 63-64) each light trap comprises a darkened interior surface (Col.8, l 63-64, inherent to beam dump) some of the plurality of light sources are located on a first side of the photomultiplier axis and a remainder of the plurality of light sources are located on an opposing side of the photomultiplier axis (Figure 5, some = 518 and 521 on one side, remainder = 515) wherein one of the light sources located between 0 and 90 degrees radially from the photomultiplier light trap captures forward scatter (Figure 5, one of the light sources = 521) another of the light sources located between 0 and 90 degrees radially from the optical detector captures back scatter (Figure 5, light source = 515) the longitudinal axis, the photomultiplier longitudinal axis and the inlet axis all intersect inside the sampling chamber (Figure 5) a purge calibration inlet in fluid communication with the sampling chamber (Figure 5, purge calibration inlet = top tube 504, tied to pump 502 allows new sample to flow in, thereby purging) With respect to claim 4, Trainer discloses all of the limitations as applied to claim 1. However, Trainer is silent with respect to the wavelengths of the light sources. It would have been obvious to one of ordinary skill in the art at the time of the invention to have a plurality of different wavelengths in order to interact with a plurality of different sized particles in order to collect the most information from each inspection. With respect to claims 11, 12, and 13, Trainer discloses a plurality of sources, which can be in a range of 0 to 360 degrees (col 6, lines 20-24). It would have been obvious to one of ordinary skill to provide the sources at any of the defined positioned based on a desired measurement application at hand. Claims 10 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Trainer U.S. Patent #5,416,580 in view of Etschmaier et al. U.S. Publication 2020/0393351. With respect to claims 10 and 18, Trainer discloses all of the limitations above however fails to disclose the light trap comprising a reference light sensor. In the same field of endeavor, Etschmaier discloses an integrated particle sensor system (Fig 12-17B) comprising measurement light source, and a light trap 36 for collecting the measurement light downstream from a scatter measurement, where the light trap further includes a reference sensor located therein (Fig 17A; item 782), with the benefit of providing a reference measurement for an amount of light emitted by the measurement light source (P. 0131). In light of reference data for improving a measurement quality as provided by the reference sensor disclosed by Etschmaier, it would have been obvious to one of ordinary skill in the art at the time of the invention to combine the apparatus of Trainer. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to REBECCA CAROLE BRYANT whose telephone number is (571)272-9787. The examiner can normally be reached M-F, 12-4 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, Kara Geisel can be reached on 571-272-2416. 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. REBECCA CAROLE. BRYANT Examiner Art Unit 2877 /REBECCA C BRYANT/Examiner, Art Unit 2877
Read full office action

Prosecution Timeline

Sep 09, 2024
Application Filed
May 12, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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PARTICLE MEASURING DEVICE AND PARTICLE MEASURING METHOD
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5y 7m to grant Granted Mar 17, 2026
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
64%
Grant Probability
97%
With Interview (+32.4%)
3y 3m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 545 resolved cases by this examiner. Grant probability derived from career allowance rate.

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