Prosecution Insights
Last updated: April 19, 2026
Application No. 17/910,854

AERATOR IN WHICH PARTS ARE ROTATIONALLY LOCKED

Final Rejection §102§103§112
Filed
Sep 12, 2022
Examiner
BOECKMANN, JASON J
Art Unit
3752
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Neoperl GmbH
OA Round
2 (Final)
49%
Grant Probability
Moderate
3-4
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

§102 §103 §112
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 . Election/Restrictions The examiner notes that species I, figures 1-3 were elected on 8/25/2025. The examiner notes that claims 2, and 6 refer to recess 27 which is only shown in species VI and VII, figures 15-19. Therefore claims 2, 3, 6, 7 and 10 are withdrawn for consideration. 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. Claim 12 is 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 11 recites the limitation "the projection" in line 3. There is insufficient antecedent basis for this limitation in the claim Claim 12 recites the limitation "the projection" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 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. Claim(s) 1, 4, 5, 11-13, 15, 16, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon (2022/0259842). Regarding claim 1, Kown shows A sanitary insertion cartridge, comprising: a cartridge housing (100, 300, 200) formed of two or more housing portions which is insertable in a water line or the water outlet of a sanitary outlet fitting, the cartridge housing having at least one water inlet (top) and at least one water discharge (bottom) at least two components (300, 200, 100) which at least one of abut each other or are connected to each other and of which at least two adjacent ones of said components are fixed in a relative position thereof relative to each other in a circumferential direction by a rotation prevention member (231 and 233 are the rotation prevention member); at least one of said adjacent components (220) comprises an insertion part (210, 220) that is inserted into the cartridge housing (100), wherein front sides of the at least two adjacent ones of said components have axially mutually engaging front tooth arrangements (the front side of 220 is the top and it has tooth 233, the front side of 210 is the bottom and it has teeth on either side of recess 231) arranged adjacent to each other to form the rotation prevention member (the combination of 233 and 231 is the rotation prevention member). Regarding claim 4, further comprising a plurality of projections (730) which are spaced apart from each other in a circumferential direction at an adjacent front side of a second one of the at least two adjacent ones of said components (fig 3). Regarding claim 5, further comprising a counter- profiling (231) of the rotation prevention member that engages in the front tooth arrangement (233) on the first one of the adjacent components, and the counter-profiling is provided at the adjacent front side of the second one of the adjacent components (fig 5). Regarding claim 11, wherein the second one of the adjacent components comprises one of the housing portions (fig 3) and the projection (730) is provided on a front edge, facing a housing interior, of said housing portion (fig 3) Regarding claim 12, wherein the projection (730) is rounded not rectangular at a free end thereof (fig 3) Regarding claim 13, wherein the cartridge housing has at least one inflow-side housing opening (inlet to 100) as the water inlet and the at least one housing opening is closeable by a second component formed as a jet fractionator (300) which has jet fractionator openings (301), said jet fractionator is lockable at an internal housing circumference of the cartridge housing (fig 4). Regarding claim 15, wherein a circumferential external ring (outer surface of 210, 220) which carries the first one or the second one of the front tooth arraignments is provided on at least one of the insertion parts (231 and 233) and is displaceable guided along an internal housing circumference in the cartridge housing (100). Regarding claim 16, wherein an annular shoulder (111) is provided on an internal housing circumference of the cartridge housing, and the annular shoulder acts as a sliding stop during insertion of the at least one component which is in the form of the insertion part into the housing interior of the cartridge housing (fig 4). Regarding claim 18, wherein the sanitary insertion cartridge includes an aerator [0049]. 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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (2022/0259842) in view of Birmelin (2018/0148913) Regarding claim 14, Kwon shows all aspects of the applicant’s invention as in claim 13, including wherein at least one projection (730) projects on the jet fractionator (300), the at least one projection is orientated axially parallel with the longitudinal housing axis But fails to disclose that the projection cooperates with a front tooth arrangement on an adjacent front edge of an external ring of an adjacent component that comprises the insertion part. However, Birmelin shows an aerator with at least one projection (bottom of 6) projects on the jet fractionator (6), the at least one projection is orientated axially parallel with the longitudinal housing axis, the projection cooperates with a front tooth arrangement (17) on an adjacent front edge of an external ring of an adjacent component that comprises the insertion part (fig 5). Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to add a front tooth arrangement (or cover walls 17) to the upper most insertion part, in order to partially block the aeration opening as taught by Birmelin [0057]. Response to Arguments Applicant's arguments filed 12/23/2025 have been fully considered but they are not persuasive. The examiner notes that element 233 of the lower insertion part 220 is being consider the front tooth alignment. 233 is on a front face of 220 and it is tooth shaped (fig 5). The claim does not specify what the front face is. Element 23 is being considered the front tooth arraignment of the upper insertion part 210. 231 in on a front face of 210 and it is tooth shaped with a tooth on either side of a space (fig 5). The claim does not specify what the front face is. The above rejections are being maintained. 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 at (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 3/9/2026
Read full office action

Prosecution Timeline

Sep 12, 2022
Application Filed
Sep 24, 2025
Non-Final Rejection — §102, §103, §112
Dec 23, 2025
Response Filed
Mar 09, 2026
Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12594572
ARTICULATED AND EXTENDIBLE ROTARY HEAD FOR A PRESSURISED AIR JET SPRAY GUN
2y 5m to grant Granted Apr 07, 2026
Patent 12594566
SPRAY GUN, IN PARTICULAR A PRESSURISED AIR ATOMISATION PAINT SPRAY GUN, IN PARTICULAR A HAND-HELD PRESSURISED AIR ATOMISATION PAINT SPRAY GUN
2y 5m to grant Granted Apr 07, 2026
Patent 12575477
ELECTRIC-POWERED BULK MATERIAL DISPERSING SYSTEM AND METHOD OF USE
2y 5m to grant Granted Mar 17, 2026
Patent 12569707
SPECIAL CONTAINER FOR BATTERY TRANSPORT
2y 5m to grant Granted Mar 10, 2026
Patent 12558698
FLUID DELIVERY ASSEMBLY FOR A SPRAY GUN
2y 5m to grant Granted Feb 24, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
49%
Grant Probability
78%
With Interview (+28.9%)
3y 9m
Median Time to Grant
Moderate
PTA Risk
Based on 984 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month