Prosecution Insights
Last updated: May 29, 2026
Application No. 18/845,010

TREATMENT DEVICE

Non-Final OA §103
Filed
Sep 09, 2024
Priority
Mar 25, 2022 — JP 2022-049956 +1 more
Examiner
HOLBROOK, TEUTA BAJRAMOVIC
Art Unit
3747
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Hino Motors Ltd.
OA Round
2 (Non-Final)
72%
Grant Probability
Favorable
2-3
OA Rounds
7m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
459 granted / 634 resolved
+2.4% vs TC avg
Strong +26% interview lift
Without
With
+26.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
15 currently pending
Career history
656
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
80.4%
+40.4% vs TC avg
§102
13.4%
-26.6% vs TC avg
§112
5.2%
-34.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 634 resolved cases

Office Action

§103
DETAILED ACTION Response to Arguments Applicant’s arguments, filed October 21, 2025, with respect to the rejection(s) of claim(s) 1 and 2 under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Oshima et al. (US 5,272,871 A) and Mitani (JP 2008008247 A). 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 and 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oshima et al. (US 5,272,871 A), hereafter Oshima, in view of Mitani (JP 2008008247 A). In regards to claim 1, Oshima discloses a treatment device for treating a blowby gas of a hydrogen engine (Third Embodiment; Fig. 10), the treatment device comprising: a catalyst unit (32) provided in an exhaust flow path for circulating an exhaust gas from the hydrogen engine (abstract), and configured to reduce a nitrogen oxide contained in the exhaust gas by using hydrogen as a reducing agent; a scavenging flow path (G) configured to circulate the blowby gas of the hydrogen engine (column 1, line 10-14) to circulate the blowby gas into the scavenging flow path; a hydrogen separation filter (F1) provided in the scavenging flow path, and configured to generate a hydrogen gas and a treated gas as a blowby gas obtained after removal of the hydrogen by separating hydrogen contained in the blowby gas from the blowby gas; and a hydrogen gas addition unit (V2) configured to add the hydrogen gas generated in the hydrogen separation filter to the catalyst unit (column 10, line 43-60). Oshima does not disclose a scavenging pump provided in the scavenging flow path, and configured to scavenge the blowby gas from the hydrogen engine. Mitani discloses a hydrogen engine (Fig. 4) with a scavenging blowby path (72) and a pump (91) for forcibly inducing flow through the system. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the pump of Mitani in the scavenging flow path of Oshima in order to increase the flow of gases in the blowby passage. Oshima as modified with Mitani does not disclose a hydrogen separation filter provided downstream of the scavenging pump. However, the location of the pump would have been an obvious design choice since the applicant has not provided why the location of the pump is of importance, and it’s known in the blowby art to provide a pump on either side of a filter in order to increase the flow of fluids through the system. Regarding claim 2, Oshima as modified with Mitani discloses the scavenging flow path including a refluxing unit (V1) configured to reflux the treated gas generated in the hydrogen separation filter to an intake flow path of the hydrogen engine (Fig. 10). Allowable Subject Matter Claim 3 is 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. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TEUTA B HOLBROOK whose telephone number is (571)270-3276. The examiner can normally be reached Monday - Friday 8am-4:30pm EST. 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, LINDSAY LOW can be reached at 571-272-1196. 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. /TEUTA HOLBROOK/ Examiner Art Unit 3747 /GEORGE C JIN/Primary Examiner, Art Unit 3747
Read full office action

Prosecution Timeline

Sep 09, 2024
Application Filed
Jul 22, 2025
Non-Final Rejection mailed — §103
Oct 21, 2025
Response Filed
Dec 16, 2025
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
72%
Grant Probability
98%
With Interview (+26.0%)
2y 3m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 634 resolved cases by this examiner. Grant probability derived from career allowance rate.

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