Prosecution Insights
Last updated: April 19, 2026
Application No. 17/757,335

THERMALLY UNCONDITIONED BEVERAGE PREPARATION MACHINE

Non-Final OA §103§112
Filed
Jun 14, 2022
Examiner
ISKRA, JOSEPH W
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Société des Produits Nestlé S.A.
OA Round
3 (Non-Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
3y 4m
To Grant
98%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
514 granted / 722 resolved
+1.2% vs TC avg
Strong +27% interview lift
Without
With
+27.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
55 currently pending
Career history
777
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
58.8%
+18.8% vs TC avg
§102
9.3%
-30.7% vs TC avg
§112
29.9%
-10.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 722 resolved cases

Office Action

§103 §112
DETAILED ACTION This office action is responsive to the amendment filed on 12/15/25. As directed by the amendment: claims 1, 4, and 14 have been amended; claim 15 has been cancelled; and no claims have been added. Thus, claims 1-14 are presently pending in this application. 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 § 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 1-14 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. Claim 1 recites “a flavouring ingredient-containing capsule when present”, the term “when present” indicates that the subject element (flavouring ingredient-containing capsule” is optional. Appropriate correction is required. Claims 2-13 are rejected for at least the reason of their direct and/or indirect dependency from independent claim 1. Claim 14 similar to claim 1 recites the term “when present” in relation to a flavouring ingredient-containing capsule, and is rejected for the same reason that the term “when present” indicates optionality. Claim Rejections - 35 USC § 103 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 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. Claims 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Bachmann et al. (US 2015/0327710) in view of Burrows (WO 2018/029538) With regard to claim 1, Bachmann teaches a machine (1) for preparing a beverage from a flavouring ingredient (capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′)”, para. [0056]), the machine comprising: a beverage processing unit (10/20) formed of a first processing unit member (10) and a second processing unit member (20) wherein the first and second processing unit members delimit a chamber (11’) (“cavity 11′ is delimited by recessed wall(s) of first part 10 and covered by second part 20 that forms a lid on the recessed wall(s).”, para. [0065]) and that are movable between a distant configuration (distant configuration illustrated in FIG. 3A) in which the flavouring ingredient is received in the chamber (11’)(“ Unit 1 has a seat 11′ for receiving and housing an ingredient receptacle”, para. [0053]) and a proximate configuration (FIG. 3C) in which the flavouring ingredient is held and mixed with the water in the chamber during beverage preparation (“second receptacle engagement device 21 comprises or defines a fluid outlet 211 for circulating a fluid to a receptacle contained in cavity 11′”, para. [0093]); and a water guide (211’, FIGS. 4A-4C) extending into the beverage processing unit (10/20) arranged such that substantially all the water delivered into the chamber (11’) for preparing the beverage is guided by the water guide (211’), and a water source for delivering the water towards the beverage processing unit (“receptacle may be a partly or fully self-opening capsule, e.g. under the effect of centrifugation and/or pressure of liquid circulated into the receptacle.”, para. [0056]) in which the first processing unit delimits a water inlet and a beverage outlet of the chamber (“second receptacle engagement device 21 comprises or defines a fluid outlet 211 for circulating a fluid to a receptacle contained in cavity 11′ and/or comprises or defines a fluid outlet for guiding an extract from a receptacle contained in cavity 11′. Fluid outlet 211 may be connected to a fluid line 211′ that is joined to outlet 211 via a rotatable seal 211″..”, para. [0093]). Furthermore, Bachmann teaches the beverage outlet (211) being formed by and/or associated with one or more corresponding piercing elements for piercing a flavouring ingredient-capsule when present (“When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′).”, para. [0056]). Although Bachmann teaches passing a hot or cold water or another liquid through a receptacle held in the unit, the citation does not explicitly teach the limitation of “the water source comprising: a connector to be connected to a water supply line external to such machine; and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine, and the water guide extending from water source”. However, Burrows which is within the same field of endeavor as the subject invention directed toward beverage brewing system utilized a brewing cartridge teaches the aforementioned limitation(s); more specifically, a water source (“other source”) for delivering the water towards the beverage processing unit (10), the water source comprising: a connector (connector inherently present as Burrows explicitly teaches that the water source is external to the beverage brewer 10) to be connected to a water supply line external to such machine (“features within the housing 12 of the beverage brewer 10 may generally include a fluid conduit system, a pump, and/or a heating element, in order to deliver a fluid from the reservoir 20 (or other source) to the brewer head 16 and/or to the receptacle external to the beverage brewer 10.”, Burrows: para. [0070]) (as the term “and/or” is presented hereafter, the Examiner is not providing patentable weight to the following limitation (i.e., “a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source” in view of the “or” phrase which connotes one or both of the two stated possibilities); and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine (FIG. 18 illustrates a beverage cartridge 32 receiving water and para. [00190] teaches that ambient water (e.g., “unconditioned” by any thermal conditioner”) flows from flow meter 505 via a bypass to selectively flow water without heating or cooling ) (“Flow meter 505 measures the flow rate of the fluids 504 passing through pump 404, and heater 506 heats (and/or optionally cools) the fluid 504 as desired. In another aspect of the present disclosure, heater 506 is provided with a bypass flow from flow meter 505 in order to allow ambient temperature fluid to pass without heating or cooling, although other methods of providing ambient temperature fluid (such as not heating the heater 506) are possible without departing from the scope of the present disclosure. Although not shown, valves may be placed between flow meter 505, heater 506, and/or pump 502, as well as along the bypass of heater 506, as desired to selectively control the flow of fluid 504 through system 10.”, para. [00190]). Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, to include the water source comprising: a connector to be connected to a water supply line external to such machine; and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine, and the water guide extending from water source, as suggested and taught by Burrows, for the purpose of providing a water having a predetermined temperature (i.e., “ambient temperature fluid without being heated or cooled”) within the beverage processing unit (Burrows: para. [00190]. With regard to claim 2, Bachmann teaches the water guide (211’, FIG. 4A-4C) is configured to drive the water along the water guide into the chamber by gravity and/or capillary and/or gas pressure (“c) a pump for pumping liquid to unit 1, in particular a low-pressure pump e.g. within the range of 1 to 5 bar, such as 1.5 to 3 bar;”, para. [0057]) and/or depression forces (“Fluid outlet 211 may be connected to a fluid line 211′ that is joined to outlet 211 via a rotatable seal 211″.”, para. [0093]). With regard to claim 3, Bachmann teaches the water guide (211’, FIG. 4A) extends uprightly from the processing unit to the water source (water guide 211’ in FIG. 4A has an upright structure and is connected to a fluid line: (“Fluid outlet 211 may be connected to a fluid line 211′ that is joined to outlet 211 via a rotatable seal 211″.”, para. [0093])). With regard to claim 4, Bachmann teaches the beverage processing unit (10/20) is configured to depressurize a flavouring ingredient- containing capsule (capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′)”, para. [0056]) at least adjacent to the inlet at an extremity of the water guide (end portion of 211’ as illustrated in FIG. 4A comprises a piercing portion: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′).”, para. [0056]) to draw the water from the water source via the water guide (211’) into the capsule during beverage preparation (“outlet 211 for circulating a fluid to a receptacle contained in cavity 11′ and/or comprises or defines a fluid outlet for guiding an extract from a receptacle contained in cavity 11′. Fluid outlet 211 may be connected to a fluid line 211′ that is joined to outlet 211 via a rotatable seal 211″.”, para. [0093]). With regard to claim 5, Bachmann teaches the processing unit (10/20) is configured to cause the depressurization of the flavouring ingredient-container capsule by: modifying a volume of the capsule, when present, and/or chamber (end portion of 211’ as illustrated in FIG. 4A comprises a piercing portion whose insertion modifies a volume of the capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′).”, para. [0056]); and centrifugally driving the capsule (“engagement devices 11,21 are arranged to rotate, e.g. centrifuged, in particular at elevated speed, e.g. above 1000 or 2000 RPM, to enhance processing of the ingredient in the receptacle, in particular mixing thereof with a liquid circulated into the receptacle. In the latter configuration, engagement devices 11,21 move together into the closed position in a manner to be angularly fixed one to another about axis 1′ of relative rotation.”, para. [0095]), when present, and/or chamber. With regard to claim 6, Bachmann teaches the water source is configured to deliver the water under pressure into the water guide (211’)(“receptacle may be a partly or fully self-opening capsule, e.g. under the effect of centrifugation and/or pressure of liquid circulated into the receptacle.”, para. [0056]). With regard to claim 7, Bachmann teaches a support structure which has a base (40, FIG. 4A) that is stationary during beverage preparation; however, Bachmann does not teach the water guide comprises a valve arrangement for controlling a flow of the water along the water guide. However, Burrows teaches the aforementioned limitation, namely: the water guide comprises a valve arrangement (1012, FIG. 40) for controlling a flow of the water along the water guide (44)(fluid flow 1010 delivered to three-way valve 1012 allows water in flow 1008 to inlet nozzle 44 or to a water only line 1014, para. [00116]). Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, to include the water guide comprises a valve arrangement for controlling a flow of the water along the water guide, as suggested and taught by Burrows, for the purpose of providing a flow of water as desired to the water guide (Burrows: para. [00116]). With regard to claim 8, Bachmann teaches one of the processing unit members (10/20) is provided with a cavity delimiting the chamber (11’) (“cavity 11′ is delimited by recessed wall(s) of first part 10 and covered by second part 20 that forms a lid on the recessed wall(s).”, para. [0065]), the first and second processing unit members (10/20) in the distant configuration being configured for direct manual insertion into the cavity of the flavouring ingredient (see FIG. 4A in which within a retracted position a capsule/flavouring ingredient may be inserted). With regard to claim 9, with regard to the limitation of the water source is configured to contain an amount of the water needed for a serving of the beverage, it is submitted that as Bachmann teaches that the fluid system includes the unit in addition to a pump, a means for regulating the amount of flow of a liquid via a flowmeter in addition to communicating the pressure of the liquid to a control unit (para. [0057]), it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to adapt the control unit to control the aforementioned components to achieve the claimed correspondence as a matter of routine experimentation and/or since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). With regard to claim 10, although Bachmann teaches delivering a beverage, the citation does not teach the machine of claim 1, wherein the beverage is provided at a temperature below 30°C. However, Burrows teaches this limitation, namely delivering ambient temperature fluid (“Flow meter 505 measures the flow rate of the fluids 504 passing through pump 404, and heater 506 heats (and/or optionally cools) the fluid 504 as desired. In another aspect of the present disclosure, heater 506 is provided with a bypass flow from flow meter 505 in order to allow ambient temperature fluid to pass without heating or cooling, although other methods of providing ambient temperature fluid (such as not heating the heater 506) are possible without departing from the scope of the present disclosure. Although not shown, valves may be placed between flow meter 505, heater 506, and/or pump 502, as well as along the bypass of heater 506, as desired to selectively control the flow of fluid 504 through system 10.”, para. [00190]). Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, such that the machine of claim 1, which is configured to deliver the beverage at a temperature below 30°C such as below 25°C, as suggested and taught by Burrows, for the purpose of providing an predetermined temporal product (Burrows: para. [00115]). With regard to claim 11, although Bachmann teaches delivering water from a water source, the citation does not explicitly teach the machine of claim 1, which is configured to deliver the water from the water source into the chamber at an average rate for a beverage serving in the range of 10 to 300 ml/min. However, Burrows teaches “The flow rate of fluid 1252 can be controlled by the size of orifice 1214, and the size of orifice 1214 may be controlled by processor 512 if desired” (para. [00304]), and as such, it is submitted that it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, such that the machine of claim 1, which is configured to deliver the water from the water source into the chamber at an average rate for a beverage serving in the range of 10 to 300 ml/min, as a matter of routine experimentation and/or since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980) for the purpose of achieving a desired brewed extraction process based upon the flavouring ingredient utilized within the subject device as Burrows teaches modifying a flow rate to achieve a desired flow rate as detailed herein (para. [00304]). With regard to claim 12, Bachmann teaches the beverage processing unit is arranged in order to rotate the chamber at a speed in the range of 500 to 10000 RPM to prepare the beverage (it is submitted that as the citation teaches speeds above 1000 or 2000 RPM a lower RPM speed (500 to about 1000) would be within the capability of the device as such a modification would involve providing a reduced power level to the engagement device and similarly higher power levels to achieve rotational values over 2000 RPM: “engagement devices 11,21 are arranged to rotate, e.g. centrifuged, in particular at elevated speed, e.g. above 1000 or 2000 RPM, to enhance processing of the ingredient in the receptacle, in particular mixing thereof with a liquid circulated into the receptacle.”, para. [0095]. With regard to claim 13, Bachmann teaches A combination of the machine as defined in claim 1 (see above correlations with the cited prior art) and the flavouring ingredient (flavouring ingredient capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′). Alternatively, receptacle may be a partly or fully self-opening capsule, e.g. under the effect of centrifugation and/or pressure of liquid circulated into the receptacle. The receptacle may be of the open-type, in which case no opener is needed.”, para. [0056]) for preparing a beverage from the flavouring ingredient in the machine (1). With regard to claim 14, Bachmann teaches a method of preparing a beverage (capsule: “When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′)”, para. [0056]), providing a machine comprising: a beverage processing unit (10/20) of a first processing unit member (10) and a second processing unit member (20) that delimit a chamber (11’) (“cavity 11′ is delimited by recessed wall(s) of first part 10 and covered by second part 20 that forms a lid on the recessed wall(s).”, para. [0065]) and that are movable between a distant configuration (distant configuration illustrated in FIG. 3A) in which a flavouring ingredient is received in the chamber (11’)(“ Unit 1 has a seat 11′ for receiving and housing an ingredient receptacle”, para. [0053]) and a proximate configuration (FIG. 3C) in which the flavouring ingredient is held and mixed with the water in the chamber during beverage preparation (“second receptacle engagement device 21 comprises or defines a fluid outlet 211 for circulating a fluid to a receptacle contained in cavity 11′”, para. [0093]); and a water guide (211’, FIGS. 4A-4C) extending into the beverage processing unit (10/20) arranged such that substantially all the water delivered into the chamber (11’) for preparing the beverage is guided by the water guide (211’), and a water source for delivering the water towards the beverage processing unit , mixing the wate with the flavouring ingredient in the machine for preparing the beverage from the flavouring ingredient (“receptacle may be a partly or fully self-opening capsule, e.g. under the effect of centrifugation and/or pressure of liquid circulated into the receptacle.”, para. [0056]). Furthermore, Bachmann teaches the first processing unit member delimits a water inlet and a beverage outlet of the chamber, the beverage outlet (211) being formed by and/or associated with one or more corresponding piercing elements for piercing a flavouring ingredient-containing capsule when present (“When closed or partly-closed receptacles of flavouring ingredients, e.g. ingredient capsules, are used, unit 1 may include a receptacle opener 211 such as blades and/or a tearing tool that may be centrally arranged (e.g. on axis 1′) and/or peripherally arranged (e.g. about axis 1′).”, para. [0056]). Although Bachmann teaches passing a hot or cold water or another liquid through a receptacle held in the unit, the citation does not explicitly teach the limitation of “the water source comprising: a connector to be connected to a water supply line external to such machine; and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine, and the water guide extending from water source”. However, Burrows which is within the same field of endeavor as the subject invention directed toward beverage brewing system utilized a brewing cartridge teaches the aforementioned limitation(s); more specifically, a water source (“other source”) for delivering the water towards the beverage processing unit (10), the water source comprising: a connector (connector inherently present as Burrows explicitly teaches that the water source is external to the beverage brewer 10) to be connected to a water supply line external to such machine (“features within the housing 12 of the beverage brewer 10 may generally include a fluid conduit system, a pump, and/or a heating element, in order to deliver a fluid from the reservoir 20 (or other source) to the brewer head 16 and/or to the receptacle external to the beverage brewer 10.”, Burrows: para. [0070]) (as the term “and/or” is presented hereafter, the Examiner is not providing patentable weight to the following limitation (i.e., “a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source” in view of the “or” phrase which connotes one or both of the two stated possibilities); and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine (FIG. 18 illustrates a beverage cartridge 32 receiving water and para. [00190] teaches that ambient water (e.g., “unconditioned” by any thermal conditioner”) flows from flow meter 505 via a bypass to selectively flow water without heating or cooling ) (“Flow meter 505 measures the flow rate of the fluids 504 passing through pump 404, and heater 506 heats (and/or optionally cools) the fluid 504 as desired. In another aspect of the present disclosure, heater 506 is provided with a bypass flow from flow meter 505 in order to allow ambient temperature fluid to pass without heating or cooling, although other methods of providing ambient temperature fluid (such as not heating the heater 506) are possible without departing from the scope of the present disclosure. Although not shown, valves may be placed between flow meter 505, heater 506, and/or pump 502, as well as along the bypass of heater 506, as desired to selectively control the flow of fluid 504 through system 10.”, para. [00190]). Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Bachmann reference, to include the water source comprising: a connector to be connected to a water supply line external to such machine; and/or a water supply tank that has an outside opening for water filling with a water source external to the machine and the water source and the water guide are thermally passive so as to deliver the water into the chamber unconditioned by any active thermal conditioner of the machine, and the water guide extending from water source, as suggested and taught by Burrows, for the purpose of providing a water having a predetermined temperature (i.e., “ambient temperature fluid without being heated or cooled”) within the beverage processing unit (Burrows: para. [00190]. Response to Arguments Applicant’s arguments with respect to the claims have been considered and are addressed hereafter. The prior art rejections have been adapted as appropriate in response to the newly presented claim amendments. The following arguments were presented previously in response to the office action of 09/17/25 and are reproduced hereafter as they may be/are considered to be relevant to the instant office action. The subject prior art rejections have been adapted in view of the newly presented claim amendments. With regard to the newly added limitation of “the first processing unit member delimits a water inlet and a beverage outlet of the chamber”, it is submitted that the claim as presented does not provide a structural differentiation between the claimed water inlet and beverage outlet providing specific structural limitations that indicate that these limitations cannot structurally be the same element in which a singular element would provide the functions of a water inlet and a beverage outlet. If the Applicant intends for a claim interpretation which indicates these elements are structurally disparate, appropriate structural limitations are required. It must be stressed that “during patent examination, the pending claims must be ‘given their broadest reasonable interpretation consistent with the specification.’ The Federal Circuit’s en banc decision in Phillips v. AWH Corp., 415 F.3d 1303, 75 USPQ2d 1321 (Fed. Cir. 2005) expressly recognized that the USPTO employs the ‘broadest reasonable interpretation’ standard: The Patent and Trademark Office (“PTO”) determines the scope of claims in patent applications not solely on the basis of the claim language, but upon giving claims their broadest reasonable construction ‘in light of the specification as it would be interpreted by one of ordinary skill in the art.’ In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364[, 70 USPQ2d 1827] (Fed. Cir. 2004). Indeed, the rules of the PTO require that application claims must ‘conform to the invention as set forth in the remainder of the specification and the terms and phrases used in the claims must find clear support or antecedent basis in the description so that the meaning of the terms in the claims may be ascertainable by reference to the description.’ 37 CFR 1.75(d)(1).415 F.3d at 1316, 75 USPQ2d at 1329. See also In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664, 1667 (Fed. Cir. 2000).” The same section further states: “during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 1369, 70 USPQ2d 1827, 1834 (Fed. Cir. 2004) (The USPTO uses a different standard for construing claims than that used by district courts; during examination the USPTO must give claims their broadest reasonable interpretation in light of the specification.). This means that the words of the claim must be given their plain meaning unless the plain meaning is inconsistent with the specification. In re Zletz, 893 F.2d 319, 321, 13 USPQ2d 1320, 1322 (Fed. Cir. 1989) (discussed below);Chef America, Inc. v. Lamb-Weston, Inc., 358 F.3d 1371, 1372, 69 USPQ2d 1857 (Fed. Cir. 2004) (Ordinary, simple English words whose meaning is clear and unquestionable, absent any indication that their use in a particular context changes their meaning, are construed to mean exactly what they say…..”, MPEP 2111 Claim Interpretation; Broadest Reasonable Interpretation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH W ISKRA whose telephone number is (313) 446-4866. The examiner can normally be reached on M-F: 09:00-17:00 PM 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, IBRAHIM ABRAHAM can be reached on 571-270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JOSEPH W ISKRA/Examiner, Art Unit 3761 /IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Jun 14, 2022
Application Filed
Feb 26, 2025
Non-Final Rejection — §103, §112
Jun 18, 2025
Response Filed
Sep 12, 2025
Final Rejection — §103, §112
Nov 21, 2025
Response after Non-Final Action
Dec 15, 2025
Request for Continued Examination
Feb 10, 2026
Response after Non-Final Action
Mar 13, 2026
Non-Final Rejection — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
98%
With Interview (+27.3%)
3y 4m
Median Time to Grant
High
PTA Risk
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