Prosecution Insights
Last updated: July 17, 2026
Application No. 18/841,296

CONDENSATE BURNOFF

Non-Final OA §102§103
Filed
Aug 23, 2024
Priority
Sep 30, 2022 — nonprovisional of PCTUS2022045461
Examiner
BUSHEY, CHARLES S
Art Unit
3753
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Hitachi Global Air Power US LLC
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
9m
Est. Remaining
97%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
753 granted / 997 resolved
+5.5% vs TC avg
Strong +22% interview lift
Without
With
+21.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
30 currently pending
Career history
1031
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
58.4%
+18.4% vs TC avg
§102
11.8%
-28.2% vs TC avg
§112
25.1%
-14.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 997 resolved cases

Office Action

§102 §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 . Specification The disclosure is objected to because of the following informalities: 1) In paragraphs [0008]-[0011], on line 1 of each paragraph, “A spects” should be replaced by --Aspects--; and 2) in paragraph [0054], line 2, the phrase “exchange 41 preheats the condensate that enters the heat exchange 41from” should be replaced by --exchanger 41 preheats the condensate that enters the heat exchanger 41 from--. Appropriate correction is required. Claim Rejections - 35 USC § 102 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, 2, 7-11, and 15-19 are rejected under 35 U.S.C. 1029a)(1) as being clearly anticipated by JP 2017-161177 A. JP 2017-161177 A (Figs. 1, 2A, 2B, and 6; English Machine Translation for JP 6605366 B2, which corresponds to the publication of JP 2017-161177 A) teaches a compressor (1) which includes a condensate treatment system integrated therewith into a single unitary, portable system (claims 9-11, 17-19) (see Figs. 1 and 6, which illustrate the compressor (1) with the condensate treatment system {discussed in detail herein below} as a single unitary piece, that could obviously be portable by suitable means). JP ‘177 (see Fig. 6) clearly teaches a condensate treatment system including a separator (30) that separates a condensate from compressed humid in the air stream (claim 2) exited from a compressor body (10), a heat exchanger (50) that heats the separated condensate before entering an evaporative heater (20) (claim 16) that evaporates the heated condensate exited from the heat exchanger (50), and a vent tube (23) through which the heated condensate that is evaporated mixes with a cooling air stream that is exited from the compressor (1) via tube (25) (claims 1, 15, and 19). The reference further discloses that the evaporative heater includes an orifice or nozzle that atomizes the heated condensate to spray the heated condensate on a plurality of heating elements (24) (claim 7), the heat contained within the evaporative heater preheats the heated condensate during its passage through the tubes (24) (claim 8). 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 3-6, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2017-161177 A. JP 2017-161177 A, as applied above substantially discloses applicant’s invention as recited by instant claims 3-6, and 12-14, except for a specific recitation that the separator includes a water separator and a plurality of filters, as recited by instant claim 3; the heat exchanger using heat of compression from a compressor oil to heat the condensate, as recited by instant claim 4; the heat exchanger being either a shell and tube heat exchanger or a brazed plate heat exchanger, as recited by instant claims 5 and 6; the evaporative heater having only a single element, as recited by instant claim 12; and the sensors and switches of instant claims 13 and 14. Initially, it should be noted that each of the elements recited by instant claims 3-6, and 12-14 are notoriously well known within the art. With regard to claim 3, the condensate separating coolers (30) of JP ‘177 absolutely anticipate the water separator of instant claim 3, and clearly suggest condensate filters of a type known in the art. Applicant may wish to note Gunn ‘098 cited as of interest herein that illustrates a water separator (26) and plural condensate filters (30, 34) immediately downstream of the water separator. One having ordinary skill in the art at the time of the filing of the application, would have found it to have been entirely obvious to modify the condensate separation means (30) of JP ‘177, in view of the general state of the art, to include a water separator and plural filters for separating the condensate from the compressed air stream, if such were desired. With regard to claim 4, JP ‘177 clearly contemplates (on page 6 of the machine translation, in the discussion of the third embodiment) utilizing compression heat generated inside the compressor to apply heat to the heat exchanger to preheat the condensate. As such, it would have been at least obvious for an artisan at the time of the filing of the application, to utilize heat from the compressor oil to heat the heat exchanger thereof. Shell and tube heat exchangers and brazed plate heat exchangers are notoriously well known efficient heat exchanger types utilized within the art. It would have been obvious for an artisan at the time of the filing of the application, to use either type as a chosen heat exchanger within the teaching of the JP ‘177, such being an obvious design choice. Likewise, to utilize a single heating element within the evaporative heater of JP ‘177, rather than a plurality thereof, would have amounted to an obvious design choice. JP ‘177 further teaches well known control means (40) within the combination compressor and condensate treatment system. Given the general state of the art at the time of the filing of the application, it would have been obvious, and quite unremarkable, for an artisan at the time of the filing of the application, to include a temperature sensor, liquid level detector and on and off switches for any heating elements within the evaporative heater, as disclosed and suggested JP ‘177. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S BUSHEY whose telephone number is (571)272-1153. The examiner can normally be reached M-Th 6:30-5:00. 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, Jennifer Dieterle can be reached at 571-270-7872. 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. /C.S.B/6-24-26 /CHARLES S BUSHEY/ Primary Examiner, Art Unit 1776
Read full office action

Prosecution Timeline

Aug 23, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §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
76%
Grant Probability
97%
With Interview (+21.8%)
2y 8m (~9m remaining)
Median Time to Grant
Low
PTA Risk
Based on 997 resolved cases by this examiner. Grant probability derived from career allowance rate.

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