Prosecution Insights
Last updated: July 17, 2026
Application No. 17/347,294

WATER CHARACTERISTIC SELECTION SYSTEM AND METHOD

Non-Final OA §102
Filed
Jun 14, 2021
Priority
Dec 12, 2018 — provisional 62/778,552 +1 more
Examiner
GERMAIN, ADAM ADRIEN
Art Unit
1777
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Pentair PLC
OA Round
5 (Non-Final)
22%
Grant Probability
At Risk
5-6
OA Rounds
0m
Est. Remaining
8%
With Interview

Examiner Intelligence

Grants only 22% of cases
22%
Career Allowance Rate
10 granted / 46 resolved
-43.3% vs TC avg
Minimal -14% lift
Without
With
+-14.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
45 currently pending
Career history
108
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
86.0%
+46.0% vs TC avg
§102
3.4%
-36.6% vs TC avg
§112
9.2%
-30.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 46 resolved cases

Office Action

§102
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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 FEBRUARY 2026 has been entered. Claim Status Rejected Claims: 1-7 Withdrawn Claims: 8-20 Response to Amendment The amendment filed on 19 FEBRUARY 2026 has been entered. In view of the amendment to the claims, the amendment of claims 1-7 has been acknowledged. In view of the amendment to claim 1, the rejection under 35 U.S.C. 102 has been changed to a new prior art reference. Response to Arguments Applicant’s arguments filed 19 FEBRUARY 2026 have been fully considered. Applicant argues that Kim and Fritze do not teach all of the newly added limitations of claim 1 and therefore claims 1-7 are allowable (Arguments filed 19 FEBRUARY 2026, Page 9 to Page 11). Applicant’s arguments with respect to claims 1-7 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. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) & (a)(2) as being anticipated by Jersey et al US Patent Application No. 20170225936 A1 (hereinafter Jersey). Regarding Claim 1, Jersey discloses a beverage dispensing system (i.e., a beverage dispensing system, comprising a water system comprising; Fig. 12, #1200) including a dispenser (Fig. 12, #1210) that includes one or more base liquid sources (Fig. 12, #1230) that may include a tap water line (i.e., a water source; Paragraphs 0112-0113) and one or more ingredient sources (i.e., additives; Fig. 12, #1240) delivered to the dispenser (Paragraph 0114) where the ingredients are mixed with the base liquids via a dispensing manifold (i.e., an additive dispenser coupled to the water source; Paragraphs 0044-0045) with valves (Fig. 12, #1235 & 1245) configured to control the flow of base liquid and ingredients into the beverage dispenser via a controller (i.e., a smart valve coupled between and in fluid communication with the water source and the additive dispenser; Fig. 12, #1220) wherein the dispensing system includes a network computer (i.e., a communication system; Fig. 12, #1224; Paragraph 0120) in wireless communication with the controller which is configured to control beverage dispensing operations (i.e., a controller in electronic communication with the additive dispenser, the smart valve, and a communication network; Paragraph 0116), wherein the controller is implemented in a computer system with readable media and processing systems (i.e., the controller comprising a processor and a memory device; Paragraph 0137), wherein the controller is updated with drink construction formulas ( configured to store instructions which, when executed, cause the processor to; Paragraph 0120), wherein a user interface (i.e., a user device; Fig. 12, #1222) allows a user to control aspects of the dispensing system to select a beverage type and/or ingredients and initiate dispensing (i.e., receive, from a user device connected to the communication network, a request for customized water at a point-of-use; Paragraph 0119) and wherein the controller receives data collected by sensors (Fig. 12, #1227), including pressure and flow values (i.e., receive, based on the request, first sensor data from at least one sensor in fluid communication with an input of the additive dispenser; Paragraph 0117), wherein the data includes pressure and flow sensors of the base liquid (Paragraph 0116), pH of water or carbonated water (i.e., wherein the first sensor data specifies a water characteristic of the water source, the water characteristic comprising at least one of a pH level of water received by the additive dispenser from the water source, a flow rate of the water, and a fluid pressure level of the water; Paragraph 0117), to control the operations of the dispensing system by controlling the flow and pressure of the base liquid and one or more ingredients via valves/pumps to deliver a specific amount of ingredients missing from the base liquid (i.e., determine, based on the first sensor data, a difference between the water characteristic of the water source and a desired water characteristic of the customized water and; Paragraphs 0127-0129) such that a mixed beverage including the base liquid and the one or more ingredients may be dispensed from the dispensing nozzle (i.e., control the additive dispenser and the smart valve to modify the water to produce the customized water at the point-of-use based on the difference between the water characteristic of the water source and the desired water characteristic of the customized water; Paragraph 0129). Regarding Claim 2, Jersey further discloses that the device is a vertical beverage dispenser (i.e., wherein the point-of-use is a beverage device; Abstract). Regarding Claim 3, Jersey further discloses that ingredients are introduced into the base liquid via the vertical dispensing manifold (i.e., wherein the additive dispenser is configured to deliver at least one additive to the water received from the water source to produce the customized water, and; Paragraph 0045) and the ingredients may include sweeteners, salts, vitamins, acids, and colorings among other options (i.e., wherein the at least one additive is at least one of salt, an acidic compound, a flavoring compound, dye, or nutrients; Paragraph 0114). Regarding Claim 4, Jersey further discloses that the user interface allows a user to put in a user identification code to identify a particular user (i.e., wherein the request identifies a custom water profile, and wherein the instructions, when executed, further cause the processor to; Paragraph 0119) where the dispenser is used to track user preferences (Paragraph 0121) and the identification code is used to display the user’s favorite beverages for dispensing (i.e., retrieve the custom water profile from a custom water profile data store and identify, based on the custom water profile, the at least one additive and the at least one amount of the at least one additive to be delivered to the water, wherein the additive dispenser is configured to produce the customized water by delivering the at least one amount of the at least one additive to the water; Paragraph 0124). Regarding Claim 5, Jersey further discloses wherein the controller is configured to activate an alarm when a predetermined condition occurs, such as when an ingredient level falls below a predetermined level, and wherein the alarm may be visual and/or audible (i.e., wherein the instructions, when executed, further cause the processor to determine that the at least one amount of the at least one additive is available and insufficient to create the customized water and cause an error message to be displayed at a user interface associated with the point-of-use, the error message indicating an insufficient additive level is available to complete the request; Paragraph 0123). Regarding Claim 6, Jersey further discloses wherein the beverage dispenser creates a uniformly mixed beverage through creating uniform flow of the base liquid and the ingredients for the purpose of being aesthetically pleasing to customers (i.e., wherein the request identifies the desired water characteristic and wherein the instructions, when executed, further cause the processor to cause the additive dispenser to deliver an amount of the at least one additive to the water to produce the customized water having the desired characteristic; Paragraph 0045). Regarding Claim 7, Jersey further discloses wherein the controller receives data collected by sensors (Fig. 12, #1227), including pressure and flow values (i.e., wherein the instructions, when executed, further cause the processor to receive second sensor data from the at least one sensor; Paragraph 0117), wherein the data includes pressure and flow sensors of the base liquid (Paragraph 0116), pH of water or carbonated water (Paragraph 0117), to control the operations of the dispensing system by controlling the flow and pressure of the base liquid and one or more ingredients via valves/pumps to deliver a specific amount of ingredients missing from the base liquid (i.e., determine, based on the second sensor data, an actual water characteristic of the input of the additive dispenser, determine a difference between the actual water characteristic and the desired water characteristic and; Paragraphs 0127-0129) such that a mixed beverage including the base liquid and the one or more ingredients may be dispensed from the dispensing nozzle (i.e., determine, based on the difference, the amount of the at least one additive to be added to cause the customized water to have the desired water characteristic; Paragraph 0129). Jersey discloses that multiple sensors and their data may be used to create the custom beverages that are requested by the customer and made by the beverage dispenser. This can include identifying the base liquid as water and then flowing appropriate amounts of syrup and other flavoring ingredients in combination with identifying that the base liquid is tap water and needing carbonation by pressure measurements and thus carbonating the base liquid at the same time as adding the ingredients. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Duvall US Patent Application No. 20180192812 A1 teaches a controlled system for brewing infused beverages with temperature, pressure, and flow all controlled together to ensure the user input instructions for brewing an infused beverage are met. Clark US Patent No. 20160200601 A1 teaches an aquatic environment additive dosing apparatus that includes dosing water for drinking that involves detecting a water source value and dosing based off of that detection in addition to detecting the amount of additive dispensed or the level remaining. Deo et al US Patent Application No. 20120046785 A1 teaches a bag-in-box pump system used for dispensing beverages that involves connection to a network and a user device, a processor and memory, and sensors that measure temperature, viscosity, pH, flow rate, and/or pressure in a first conduit and use this and similar sensors in a second conduit to control the dispensing of the first ingredient and the dispensing of a second ingredient. Oe et al US Patent Application No. 20090283464 A1 teaches a device for produces water that involves the removal of contaminants from tap water and then the reintroduction of minerals for health and flavor to create a good water where a user requests a particular variety of water and conductivity is used to determine the level of minerals and the amount of minerals to add. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM ADRIEN GERMAIN whose telephone number is (703)756-5499. The examiner can normally be reached Mon - Fri 7:30-4:30. 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, In Suk Bullock can be reached at (571)272-5954. 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. /A.A.G./ Examiner, Art Unit 1777 /IN SUK C BULLOCK/ Supervisory Patent Examiner, Art Unit 1772
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Prosecution Timeline

Show 4 earlier events
Apr 30, 2025
Request for Continued Examination
May 04, 2025
Response after Non-Final Action
Aug 01, 2025
Non-Final Rejection mailed — §102
Nov 03, 2025
Response Filed
Nov 24, 2025
Final Rejection mailed — §102
Feb 19, 2026
Request for Continued Examination
Feb 25, 2026
Response after Non-Final Action
Apr 15, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12617701
USE OF A CHLORINE DIOXIDE PRECURSOR FOR CONTROLLING ION METABOLISM OF BACTERIA IN COOLING WATER SYSTEMS
3y 5m to grant Granted May 05, 2026
Patent 12533681
NEW FROTHERS FOR MINERALS RECOVERY
3y 5m to grant Granted Jan 27, 2026
Patent 12303915
USE OF 2-CYANO-N-(SUBSTITUTED CARBAMOYL)ACETAMIDE COMPOUND IN FLOTATION OF CALCIUM-BEARING MINERALS
2y 11m to grant Granted May 20, 2025
Study what changed to get past this examiner. Based on 3 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
22%
Grant Probability
8%
With Interview (-14.2%)
3y 5m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 46 resolved cases by this examiner. Grant probability derived from career allowance rate.

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