Prosecution Insights
Prosecution Insights
Technology area: Medical Devices & Mechanical Engineering
2 pending office actions • 1 art units • 2 examiners • 0 of 2 (0%) have an AI response strategy ready • 1 patents granted in the last 365 days
Vail Scientific Inc. manages a patent portfolio in the Medical Devices & Mechanical Engineering technology area. The company currently has 2 pending office actions, which are assigned to 2 distinct examiners. This indicates that each pending matter is being reviewed by a different individual, requiring the company to navigate multiple examiner perspectives.
The current prosecution activity is concentrated within 1 distinct art unit, suggesting a focused technical scope for the company's innovations. ORTEGA, MARTIN NATHAN is identified as the busiest examiner for the portfolio, currently overseeing 1 busiest examiner pending office action. This 1 busiest examiner pending office action represents half of the company's total pending workload.
For practitioners, the presence of 2 distinct examiners within a single art unit requires maintaining consistency in technical arguments. While the examiners may have different individual styles, they are both operating under the same art unit standards. The 2 pending office actions are evenly distributed, meaning that the outcome of each case is equally significant to the company's current goals in the Medical Devices & Mechanical Engineering sector.
Difficulty is derived from the rejection statutes on the most recent pending office action. §101-driven and multi-statute cases are graded Hard; §112-only and obviousness-type double-patenting cases are graded Easy; everything else is Medium. "Unknown" means we have not yet parsed a statute for that office action.
| Bucket | Cases |
|---|---|
| §101 + other | 1 (50%) |
| Multi-statute (no §101) | 1 (50%) |
How the docket's pending cases split across USPTO tech-center bands.
Manual office-action response work runs about 10 hours per case. The time-saved bands below show what IP Author's prosecution pipeline typically delivers — a conservative 20% on the low end, 35% in the middle, 50% on the high end.
| Examiner | Apps on this docket | Allow rate | Interview lift |
|---|---|---|---|
| ORTEGA, MARTIN NATHAN | 1 | 25.9% | +34.2% |
| KRETZER, KYLE W. | 1 | 64.8% | +41.5% |
Multi-statute / §101-driven matters, or cases in front of an examiner with an allow rate under 30%. The top 2 ordered by deadline are shown.
| App # | Title | Examiner | Due in |
|---|---|---|---|
| 19444944 | APPARATUS AND METHOD FOR THE DETERMINATION OF ENDOTHELIAL DYSFUNCTION AND SEPSIS RISK USING NITRIC OXIDE CONCENTRATIONS IN EXHALED BREATH | ORTEGA, MARTIN NATHAN | — |
| 19046349 | NITRIC OXIDE BASED EVALUATION METHODS FOR INFECTION AND/OR SEPSIS AND DEVICES AND SYSTEMS FOR SAME | KRETZER, KYLE W. | — |
Cases in front of an examiner whose interview lift is 10 percentage points or more — i.e. interviewed cases historically resolve more favorably than non-interviewed ones. The top 2 ordered by deadline are shown.
| App # | Title | Examiner | Due in |
|---|---|---|---|
| 19444944 | APPARATUS AND METHOD FOR THE DETERMINATION OF ENDOTHELIAL DYSFUNCTION AND SEPSIS RISK USING NITRIC OXIDE CONCENTRATIONS IN EXHALED BREATH | ORTEGA, MARTIN NATHAN | — |
| 19046349 | NITRIC OXIDE BASED EVALUATION METHODS FOR INFECTION AND/OR SEPSIS AND DEVICES AND SYSTEMS FOR SAME | KRETZER, KYLE W. | — |
| Art Unit | Apps |
|---|---|
| 3791 | 1 |
| App # | Title | Examiner | Art Unit | Statutes | Status | Due in | AI | Filed |
|---|---|---|---|---|---|---|---|---|
| 19444944 | APPARATUS AND METHOD FOR THE DETERMINATION OF ENDOTHELIAL DYSFUNCTION AND SEPSIS RISK USING NITRIC OXIDE CONCENTRATIONS IN EXHALED BREATH | ORTEGA, MARTIN NATHAN | 3791 | §103§112 | Non-Final OA | — | Pending | Jan 09, 2026 |
| 19046349 | NITRIC OXIDE BASED EVALUATION METHODS FOR INFECTION AND/OR SEPSIS AND DEVICES AND SYSTEMS FOR SAME | KRETZER, KYLE W. | — | §101§103§112 | Non-Final OA | — | Pending | Feb 05, 2025 |
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