Prosecution Insights
Last updated: September 17, 2026
Application No. 18/887,958

CONCURRENT THERMAL MEASUREMENTS OF A PLURALITY OF SAMPLES

Non-Final OA §112
Filed
Sep 17, 2024
Priority
Apr 13, 2023 — provisional 63/495,777 +1 more
Examiner
JAGAN, MIRELLYS
Art Unit
Tech Center
Assignee
Thermocap Laboratories Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
1237 granted / 1492 resolved
+22.9% vs TC avg
Moderate +6% lift
Without
With
+5.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
23 currently pending
Career history
1507
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
51.0%
+11.0% vs TC avg
§102
32.5%
-7.5% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1492 resolved cases

Office Action

§112
DETAILED ACTION 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 specification is objected to because of the following informalities: The specification does not disclose filtering, by the instrumentation controller, the temperature data from the sample wells to remove noise and improve measurement accuracy, as recited in claim 46. Appropriate correction is required. Claim Objections Claims 31, 43, 44, 46, and 48 are objected to because of the following informalities: In claim 31, “in” should be changed to --of-- in line 7; and there is no relationship between the “temperature difference” recited in line 15 with the temperature data used for generating a thermal profile recited in lines 16-17. In claims 43 and 44, “heating” should be changed to --the heat-- in line 1, respectively (it is not clear if the claimed ‘heating’ is referring to the heat applied in the step recited in lines 7-8 of base claim 31). In claim 46, --the-- should be added before “temperature data” in line 2 (it is not clear if the ‘temperature data’ recited in line 2 is referring to the ‘temperature data’ recited in line 12 of base claim 31); and the specification does not disclose “filtering, by the instrumentation controller, temperature data from the sample wells to remove noise and improve measurement accuracy.” In claim 48, --the-- should be added before “temperature data” in line 2 (it is not clear if the ‘temperature data’ recited in line 2 is referring to the ‘temperature data’ recited in line 12 of base claim 31). Appropriate correction is required. 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 31-57 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. In claim 31, it is not clear if the “temperature data” recited in lines 12 and 17 is referring to the temperatures recited in lines 9-11. In claim 47, it is not clear if the “thermal data” recited in line 2 is referring to the temperature data recited in lines 12 and 17 of base claim 31. In claim 54, there is lack of antecedent basis in the claim for a pressure being applied to each sample well, as stated by “the pressure” in line 1. Claims 32-46, 48-53, and 55-57 are rejected for being dependent on a rejected base claim. Allowable Subject Matter Claims 31-57 would be allowable if rewritten or amended to overcome the rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and the objections set forth in this Office action. The following is a statement of reasons for the indication of allowable subject matter: The prior art of record does not disclose or suggest the following in combination with the remaining limitations of the claims: A method for conducting thermal measurements of multiple samples with a differential scanning calorimeter (DSC) system, the DSC system including a DSC and an instrumentation controller that is communicatively coupled to the DSC, the method comprising monitoring, by the DSC, a temperature in each sample well using associated temperature sensors, in which temperatures of the plurality of sample wells are monitored contemporaneously; determining, by a processor within the instrumentation controller, a temperature difference between any two or more sample wells; and generating, by the instrumentation controller, a thermal profile based on the temperature data (claim 31). Conclusion The references made of record and not relied upon by the examiner (U.S. Patent Application Publication 2005/0145273 to Atwood et al [closest art] disclosing a DSC with a cartridge; U.S. Patent 6,859,271 to Carney et al disclosing an automatic DSC sampler; and U.S. Patent 6,036,920 to Pantoliano et al disclosing a cartridge for calorimetry) are considered pertinent to applicant's disclosure, but do not disclose the allowable subject matter stated above. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIRELLYS JAGAN whose telephone number is (571)272-2247. The examiner can normally be reached Tuesday-Friday 8-6. 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, Kristina DeHerrera can be reached at 303-297-4237. 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. /MIRELLYS JAGAN/ Primary Examiner Art Unit 2855 8/18/26
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Prosecution Timeline

Sep 17, 2024
Application Filed
Aug 20, 2026
Non-Final Rejection mailed — §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
83%
Grant Probability
89%
With Interview (+5.7%)
2y 7m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1492 resolved cases by this examiner. Grant probability derived from career allowance rate.

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