Prosecution Insights
Last updated: May 29, 2026
Application No. 18/970,650

ANALYTE SENSING DEVICE

Non-Final OA §112
Filed
Dec 05, 2024
Priority
Dec 08, 2023 — provisional 63/608,063 +1 more
Examiner
MERCADO, ALEXANDER A
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Lyten Inc.
OA Round
3 (Non-Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
1y 5m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
417 granted / 601 resolved
+1.4% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
36 currently pending
Career history
629
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
82.5%
+42.5% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
12.4%
-27.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 601 resolved cases

Office Action

§112
DETAILED ACTION Examiner has received and accepted the amended claims and remarks filed on 22 October 2025. These amended claims and remarks are the claims and remarks being referred to in the instant Office Action. Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 22 October 2025 has been entered. Response to Arguments Applicant's arguments with respect to the New Matter Rejection have been fully considered but they are not persuasive and have been addressed in the 112(a) Rejection below. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim(s) 6, 8 – 13, 15 – 19, 22 – 24, and 28 – 34 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding Claim 28, the claim recites “a sensing device including a sensor element is printed on a surface of the package”. This limitation pertains to the embodiment of Figure 4. However, the remaining limitations pertain to the embodiment of Figure 15C. There is no disclosure of the embodiments of Figure 4 and 15C being combined. For example, the claim limits the sensing device as being printed on the surface of package and the sensing device being disposed in the conditioning chamber. The conditioning chamber appears only in the embodiment of Figure 15C where the sensing device is disposed in the conditioning chamber and the package (which according to the Claim has sensing device printed thereon) is located in the hardened enclosure. This disclosure is not in line with the claim limitations as the sensing device is not on both the package and in the conditioning chamber. As such, the claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention and rises to NEW MATTER. Claims dependent upon a rejected claim are therefore rejected as well. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm 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, Laura Martin can be reached at (571) 272-2160. 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. ALEXANDER A. MERCADO Primary Examiner Art Unit 2855 /ALEXANDER A MERCADO/ Primary Examiner, Art Unit 2855
Read full office action

Prosecution Timeline

Dec 05, 2024
Application Filed
Apr 08, 2025
Non-Final Rejection mailed — §112
Jun 30, 2025
Response Filed
Jul 11, 2025
Final Rejection mailed — §112
Oct 22, 2025
Request for Continued Examination
Oct 30, 2025
Response after Non-Final Action
Nov 05, 2025
Non-Final Rejection mailed — §112 (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

3-4
Expected OA Rounds
69%
Grant Probability
89%
With Interview (+19.5%)
2y 11m (~1y 5m remaining)
Median Time to Grant
High
PTA Risk
Based on 601 resolved cases by this examiner. Grant probability derived from career allowance rate.

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