Prosecution Insights
Last updated: April 19, 2026
Application No. 17/309,731

PUMP SYSTEM

Final Rejection §103
Filed
Jun 16, 2021
Examiner
BOECKMANN, JASON J
Art Unit
3752
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
J. Wagner GmbH
OA Round
6 (Final)
49%
Grant Probability
Moderate
7-8
OA Rounds
3y 9m
To Grant
78%
With Interview

Examiner Intelligence

Grants 49% of resolved cases
49%
Career Allow Rate
482 granted / 984 resolved
-21.0% vs TC avg
Strong +29% interview lift
Without
With
+28.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
57 currently pending
Career history
1041
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
46.0%
+6.0% vs TC avg
§102
31.4%
-8.6% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 984 resolved cases

Office Action

§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 . 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) 7, 10, 11, 16, 17 and 32-38 is/are rejected, under 35 U.S.C. 103 as being unpatentable over SUMIYOSHI (WO 03072263 A1) in view of Huret (3,554,674) Regarding claims 7 and 32, SUMIYOSHI teaches a method for operating a electrohydrodynamic atomizer system having at least one atomizer nozzle (280), and a pump system (240,230) comprising an electric motor (240) having the same number of hose channels (there is inherently one hose channel to one nozzle) as the number of the at least one atomizer nozzle, wherein each single respective atomizer nozzle includes a fluid channel having a length of 3mm to 15mm (page 10, line 7) and wherein each respective atomizer nozzle includes a respective conical nozzle attachment (420) and a voltage component (210) coupled to each respective nozzle attachment. the method steps including driving the pump and producing at a nozzle opening of each atomizer nozzle of the at least two atomizer nozzles a hydraulically generated open jet of the fluid in an open jet region that extends a length downstream from the nozzle opening (this will occur just as it occurs in the present invention also) wherein the hydraulically generated open jet brings about atomization only after the length of the open jet region as a result of electrohydrodynamic interaction (this will occur just as it does in the present invention), and wherein the nozzle opening of the respective conical nozzle attachment has an opening diameter of 0.1m to 0.3mm (page 10 line 6-7) But fails to disclose: That the pump system comprises at least two hose channels, at least one pump rotor, and at least one rolling body forming a rolling region of a peristaltic pump having an inlet configured to receive a fluid from a fluid source, the peristaltic pump configured to pump the fluid through at least two hose channels, having the same number of hose channels as the number of the at least two atomizer nozzles, wherein each respective hose channel of the at least two hose channels is assigned to a single respective atomizer nozzle, of the at least two atomizer nozzles, and connects the single respective atomizer nozzle to the rolling region. And fails to disclose that the method step of driving the pump includes driving, by an output shaft of the motor of the pump system the plurality of rolling bodies with an angular offset on the at least one pump rotor to generate movements between the at least two hose channels such that through each respective hose channel of the at least two hose channels, a defined volume of the fluid is forced onto the single respective atomizer nozzle assigned to the respective hose channel. However, Huret teaches a pump system that includes at least two hose channels(4,5 one for each pump 21, 23, 24), at least one pump rotor (9, 10, 6), and at least one rolling body (8, 8`, 8``) forming a rolling region of a peristaltic pump having an inlet (26) configured to receive a fluid from a fluid source (27), the peristaltic pump (21, 23 and 24 are being considered a single pump) configured to pump the fluid through at least two hose channels, having the same number of hose channels as the number of the at least two atomizer nozzles (the nozzles are 31, each hose is connected toa respective nozzle, fig 4), wherein each respective hose channel of the at least two hose channels is assigned to a single respective atomizer nozzle, of the at least two atomizer nozzles, and connects the single respective atomizer nozzle to the rolling region (fig 4). In its use, the pump system of Huret performs the method steps driving the pump, by an output shaft (26) of the electric motor (25) of the pump system the plurality of rolling bodies with an angular offset on the at least one pump rotor to generate movements between the at least two hose channels such that through each respective hose channel of the at least two hose channels, a defined volume of the fluid is forced onto the single respective atomizer nozzle assigned to the respective hose channel (fig 1, 4). Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to replace the single electric pump system of SUMIYOSHI with the multiple pump system of Huret, and have the pump system deliver fluid through a multiple hose channels that are each directly connected to a single, respective nozzle, in order to atomize more fluid from multiple atomizing nozzles at the same time in a controlled manor. Regarding claim 10, the respective conical nozzle attachment, of each single respective atomizer nozzle, includes an inlet, and wherein the inlet is connected to an outlet of the single respective atomizer nozzle to which the respective conical nozzle attachment is assigned (fig 4a). Regarding claim 11, the nozzle opening of the respective conical nozzle attachment is separated from the inlet of the respective conical nozzle attachment by a distance, and wherein the distance is defined by an internal wall of the respective conical nozzle attachment (fig 4a) Regarding claim 16, the plurality of rolling bodies will generate uniform fluid flow to mitigate pulsation effects. Regarding claim 17, wherein, during operation of the pump system, a direction of fluid flow in each hose channel, of the at least two hose channels, is simultaneously toward the at least two atomizer nozzles (Huret (fig 1, 4). Regarding claim 33 wherein each respective atomizer nozzle includes an outlet and each conical nozzle attachment include an inlet, and wherein the inlet of a conical nozzle attachment, of the at least two conical nozzle attachments, is connected to the outlet of a respective atomizer nozzle, of the at least two atomizer nozzles (fig 4a). Regarding claim 34, wherein the inlet of the conical nozzle attachment is separated from the nozzle opening of the conical nozzle attachment by a distance, and wherein the distance is defined by an internal wall of the conical nozzle attachment (fig 4a). Regarding claim 35, wherein the nozzle opening of the conical nozzle attachment is downstream of the inlet of the conical nozzle attachment (fig 4a). Regarding claim 36, wherein the opening diameter of the nozzle opening is an exit opening of each conical nozzle attachment (fig 4a) Regarding claim 37, wherein the fluid channel of each atomizer nozzle is defined by a respective internal wall of each atomizer nozzle (fig 4a). Regarding claim 38, wherein the fluid channel of each atomizer nozzle is upstream of the nozzle opening of each conical nozzle attachment (fig 4a). Claim(s) 18, 22, 23 and 28 is/are rejected, under 35 U.S.C. 103 as being unpatentable over SUMIYOSHI (WO 03072263 A1) in view of Soderquist et al. (4,886,431) Regarding claim 18, SUMIYOSHI teaches an electrohydrodynamic atomizer system comprising: at least one atomizer nozzle (280); at least one conical nozzle attachments (420), wherein each respective conical nozzle attachment, of the at least two conical nozzle attachments, is coupled to a respective atomizer nozzle (fig 4a), of the at least one atomizer nozzle, a voltage component (206) coupled to each respective conical nozzle attachment, and a pump system (240,230) comprising: an electric motor (240), at one hose channels (inherent) and a nozzle opening of the atomizer nozzle (fig 4a) is configured to produce a hydraulically generated open jet of the fluid in an open jet region that extends a length downstream from the nozzle opening, wherein the hydraulically generated open jet brings about atomization only after the length of the open jet region as a result of electrohydrodynamic interaction (this will occur as it does in the present invention). But fails to at least one pump rotor having a rotor circumference, the rotor circumference including at least 180 deg arc length, and a plurality of rolling bodies forming a rolling region of a peristaltic pump having an inlet configured to receive a fluid from a fluid source, the peristaltic pump configured to pump the fluid through the at least two hose channels having the same number of hose channels as the number of the at least two atomizer nozzles, wherein the rolling region extends along an arc length of the rotor circumference, wherein the arch length is less than the at least one 180° arc length of the rotor circumference, the at least two hose channels extend along the rolling region, each respective hose channel, of the at least two hose channels, is assigned to a single respective atomizer nozzle, of the at least two atomizer nozzles, and connects the single respective atomizer nozzle to the rolling region, the output shaft of the electric motor is configured to drive the plurality of rolling bodies with an angular offset on the at least one pump rotor to generate rolling movements between the at least two hose channels, such that, through each respective hose channel of the at least two hose channels, a defined volume flow of the fluid is forced onto the single respective atomizer nozzle assigned to the respective hose channel, However, Soderquist et al. teaches a pump system including at least two hose channels (18), at least one pump rotor (34) having a rotor circumference, the rotor circumference including at least one 180 deg arc length (fig 4), and a plurality of rolling bodies (32) forming a rolling region of a peristaltic pump having an inlet configured to receive a fluid from a fluid source (inherent), the peristaltic pump configured to pump the fluid through the at least two hose channels, wherein the rolling region extends along an arc length of the rotor circumference, wherein the arch length is less than the at least one 180° arc length of the rotor circumference (fig 4), the at least two hose channels extend along the rolling region, the output shaft of the electric motor (30) is configured to drive the plurality of rolling bodies with an angular offset on the at least one pump rotor to generate rolling movements between the at least two hose channels, such that, through each respective hose channel of the at least two hose channels, a defined volume flow of the fluid is forced out of the at least two hose channels. Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use pump system of Soderquist et al. with the electrohydrodynamic atomizer of SUMIYOSHI instead of the pump of SUMIYOSH., and have each hose channel be connected to a single respective atomizer, and have each hose channel connect each single respective atomizer nozzle to the rolling region providing the fluid to the nozzles, in order to atomize more fluid from multiple atomizing nozzles at the same time in a controlled manor with individual adjustable pumps (Abstract) Regarding claim 19, wherein the nozzle opening of each respective conical nozzle attachment (fig 3b), of the at least two conical nozzle attachments, has an opening diameter of 0.1 millimeters (mm) to 0.3mm (215) wherein a fluid channel is formed within an atomizer nozzle, of the at least two atomizer nozzles, and wherein the fluid channel has a length of 3 mm to 15mm (221) Regarding claim 22, wherein driving the plurality of rolling bodies with the angular offset generates uniform fluid flow to mitigate pulsation effects (inherent). Regarding claim 23, wherein, during operation of the pump system, a direction of fluid flow in each hose channel, of the at least two hose channels, is simultaneously toward the at least two atomizer nozzles (this is how the system works). Regarding claim 28, wherein each hose channel of the at least two hose channels, is disposed laterally, with respect to at least one other hose channel, of the at least two hose channels, in the rolling region of the peristaltic pump (fig 1, Soderquist). Claim(s) 29-31 is/are rejected, under 35 U.S.C. 103 as being unpatentable over SUMIYOSHI (WO 03072263 A1) in view of Soderquist et al. (4,886,431) above, further in view of Gledhill, III et al. (2011/0180172) Regarding claim 29, SUMIYOSHI as modified above shows all aspects of the applicant’s invention as in claim 28, but fails to disclose a web component configured to connect a first hose channel, of the at least two hose channels, to a second hose channel, of the at least two hose channels. However, Gledhill, III et al. teaches a web (fig 9), that connects multiple hose channels. Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively field to use a web to connect the first and second hose channels, in order to couple the two hoses together for a cleaner look. Regarding claim 30, wherein the first hose channel includes a first thickness and the web component includes a second thickness, and wherein the first thickness is greater than the second thickness (fig 9, Gledhill, III et al. ) . Regarding claim 31, and further comprising a second web component configured to connect the second hose channel to a third hose channel, of the at least two hose channel (fig 9, Gledhill, III et al. ) Response to Arguments Applicant’s arguments with respect to the pending claim have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON J BOECKMANN whose telephone number is (571)272-2708. The examiner can normally be reached M-F 9am to 5pm. 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, Arthur Hall can be reached on (571) 270-1814. 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. /JASON J BOECKMANN/Primary Examiner, Art Unit 3752 1/22/2026
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Prosecution Timeline

Jun 16, 2021
Application Filed
Dec 13, 2023
Non-Final Rejection — §103
Apr 15, 2024
Response Filed
Apr 25, 2024
Final Rejection — §103
Jul 01, 2024
Response after Non-Final Action
Jul 15, 2024
Response after Non-Final Action
Jul 29, 2024
Request for Continued Examination
Jul 30, 2024
Response after Non-Final Action
Aug 26, 2024
Non-Final Rejection — §103
Dec 12, 2024
Applicant Interview (Telephonic)
Dec 12, 2024
Examiner Interview Summary
Dec 17, 2024
Response Filed
Jan 17, 2025
Final Rejection — §103
Jun 13, 2025
Examiner Interview Summary
Jun 13, 2025
Applicant Interview (Telephonic)
Jun 20, 2025
Request for Continued Examination
Jun 24, 2025
Response after Non-Final Action
Sep 25, 2025
Non-Final Rejection — §103
Dec 08, 2025
Interview Requested
Dec 17, 2025
Applicant Interview (Telephonic)
Dec 17, 2025
Examiner Interview Summary
Dec 30, 2025
Response Filed
Jan 22, 2026
Final Rejection — §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

7-8
Expected OA Rounds
49%
Grant Probability
78%
With Interview (+28.9%)
3y 9m
Median Time to Grant
High
PTA Risk
Based on 984 resolved cases by this examiner. Grant probability derived from career allow rate.

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