Prosecution Insights
Last updated: August 14, 2026
Application No. 18/838,976

METHOD AND APPARATUS FOR IMPROVING ALUMINUM DEGASSING EFFICIENCY

Non-Final OA §103§112
Filed
Aug 15, 2024
Priority
Feb 17, 2022 — provisional 63/311,309 +1 more
Examiner
TRAN, LEN
Art Unit
Tech Center
Assignee
Pyrotek Inc.
OA Round
1 (Non-Final)
13%
Grant Probability
At Risk
1-2
OA Rounds
1y 6m
Est. Remaining
36%
With Interview

Examiner Intelligence

Grants only 13% of cases
13%
Career Allowance Rate
16 granted / 119 resolved
-46.6% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
20 currently pending
Career history
136
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 119 resolved cases

Office Action

§103 §112
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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-8 recites the limitation "the inert gas" in claim 1, line 4. There is insufficient antecedent basis for this limitation in the claim. As to claim 8, the term, “the PLC” lacks antecedent basis and unclear as to what it stands for. Claim Rejections - 35 USC § 103 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 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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 2021186852 and further in view of Hetke (US 2019/0344335). As to claim 1, JP 852 discloses a method for treating molten aluminum comprising the steps of: Determining hydrogen concentration in the molten aluminum Degassing treatment to the molten metal unit the mixed amount of hydrogen gas in the molten metal is lower than a reference value smaller than the molten metal value, and then cooling the molten metal in the mold (abstract). JP ‘852 fails to teach correlating the inert gas concentration with hydrogen concentration and adjusting the inert gas output from the degasser. However, Hetke discloses introducing inert gas via a degasser so that the mold is free from hydrogen (par. 0005, par. 0089, and par. 0126) for the purpose of producing a high quality cast product (abstract). Therefore, it would have been obvious to one of ordinary skill in the art to introduce inert gas as taught by Hetke into JP ‘852 in order to produce an effective cast. As to claims 2 and 3, it would have been obvious to one of ordinary skill in the art to continuously or periodically monitor the hydrogen concentration in order to control how much inert gas should be introduced. As to claims 4-6, Hetke discloses inert gas is argon and nitrogen. Also being introduced by a inert gas dispensing rotor. As to claim 7, JP 852 in view of Hetke fail to teach introducing chlorine gas to the molten aluminum. However, it would have been obvious to one of ordinary skill in the art to include chlorine gas in order to remove impurities. As to claim 8, Hetke discloses a controller (612) to control inert gas level. As to claim 9, JP 852 discloses an apparatus comprising: A degassing station to include sensor to measure hydrogen gas (abstract). JP 852 fails to teach a control unit to balance inert gas concentration correlated with the hydrogen concentration. However, Hetke discloses a control unit (612) to control inert gas in order to produce a quality casting. Therefore, it would have been obvious to one of ordinary skill in the art to a control unit to introduce inert gas as taught by Hetke into JP ‘852 in order to produce an effective cast. As to claim 10, the degasser can maintain a constant level. Inquiry Any inquiry concerning this communication or earlier communications from the examiner should be directed to Len Tran whose telephone number is (571)272-1184. The examiner can normally be reached Monday-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. 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. /LEN TRAN/ Supervisory Patent Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Aug 15, 2024
Application Filed
Jul 21, 2026
Non-Final Rejection mailed — §103, §112 (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
13%
Grant Probability
36%
With Interview (+22.1%)
3y 6m (~1y 6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 119 resolved cases by this examiner. Grant probability derived from career allowance rate.

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