Prosecution Insights
Last updated: April 19, 2026
Application No. 18/213,114

SYSTEM AND METHOD FOR PRODUCING MICROBIOLOGICALLY CONTROLLED FLUID

Non-Final OA §102§103§112
Filed
Jun 22, 2023
Examiner
ORME, PATRICK JAMES
Art Unit
1779
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BAXTER HEALTHCARE SA
OA Round
3 (Non-Final)
59%
Grant Probability
Moderate
3-4
OA Rounds
3y 8m
To Grant
74%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
280 granted / 474 resolved
-5.9% vs TC avg
Moderate +15% lift
Without
With
+15.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
20 currently pending
Career history
494
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
38.5%
-1.5% vs TC avg
§102
17.0%
-23.0% vs TC avg
§112
35.7%
-4.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 474 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION This detailed action is in response the amendments and arguments filed on January 27, 2026, and any subsequent filings. Claims 1-20 stand rejected. Claim 8 has been canceled. Claims 1-7 and 9-20 are pending. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 27,2026 has been entered. Response to Arguments Specification Applicant's arguments filed August 8, 2025 have been fully considered but they are not persuasive. The specification has not been entered as not all changes are shown as required including the deletion of "port" in the third to last sentence. What other changes have been made cannot be ascertained and the objection stands Claim Objections Claim 19 has been amended and the objection withdrawn. Claim Interpretation Applicant indicates agreement with the interpretation of the Claims 5 and 13 (Remarks, Page 10 / Paragraph 7 (“Pg/Pr”)). Claim 9 has been amended and no longer interpreted under 35 USC 112(f). Claim Rejections - 35 USC § 112 Claims 1, 11, 15, and 18 have been amended and the rejections withdrawn. As noted, Applicant indicates agreement with the interpretation of Claims 5 and 13. These claims have not been amended and the rejections stand. Claim Rejections - 35 USC § 102 Claims 15 and 18-20 Applicant's arguments filed January 27, 2026 have been fully considered but they are not persuasive. Applicant’s arguments are directed towards the amended claims and are not persuasive for the reasons detailed in the rejections below and responses here. Applicant argues that Jansson only discloses a return line located downstream from the second water purification device to the tank during a disinfecting cycle not a purification cycle (Remarks, Pg12/Pr2-Pg14/Pr1). However, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Further, "apparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb, Inc., 909 F.2d 1464, 1468 (Fed. Cir. 1990) (emphasis in original). Similarly, "a statement of intended use … does not qualify or distinguish the structural apparatus over the reference." In re Sinex, 309 F.2d 488, 492 (CCPA 1962); see also Roberts v. Ryer, 91 U.S. 150, 157 (1875) ("It is no new invention to use an old machine for a new purpose."). Claim Rejections - 35 USC § 103 Claims 1-14, 16, and 17 Applicant's arguments filed January 27, 2026 have been fully considered but they are not persuasive. Applicant’s arguments are directed towards the amended claims and are not persuasive for the reasons detailed in the rejections below and responses here. As to Applicant’s argument that Burbank does not disclose a second pump and only pump tubing segment 944 has been identified as the pump (Remarks, Pg16/Pr2), as cited to in the prior rejection and explained in the written description of Burbank (Pr107), pump tubing segment 944 part of pump which also includes pump actuator 943 and other structures seen in Figure 8A. Applicant argues that even if Burbank disclosed a second pump that pump is located in the peritoneal dialysis system not the water purification system although admitting that Burbank discloses these systems together comprise a complete system (Remarks, Pg15/Pr2, Pg16/Pr2). First, as admitted by Applicant’s, Burbank discloses the peritoneal dialysis system and the water purification system form a complete system such that the second pump appears in the complete system. Second, the claims are not limited to either a peritoneal dialysis system or a water purification system such that additional structural elements comprising the complete system may be present. In response to applicant's argument that Burbank’s peritoneal dialysis system includes other characteristics and feature that would make it difficult to modify (Remarks, Pg16/Pr2), the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). As to Applicant’s arguments regarding modification being extensive and unduly burdensome, undue experimentation, and no reasonable expectation of success (Remark, Pg16/P2-P17/Pr1), Applicant offers no evidence to support the arguments yet argument cannot supplant evidence (MPEP 2145(I)). Response to Amendment Specification The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. The use of the terms GVS®, Speedflow®, and others, which are a trade names or a mark used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore, the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term. Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks. The disclosure is objected to because of the following informalities: Paragraph 79 refers to references character 333 both as “water inlet port” and “water inlet.” Appropriate correction is required. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: Apparatus which is configured to cause the second water purification device to be disinfected in Claim 5; and, The water purifying device being configured to periodically heat the purified water in Claim 13. Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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. Claims 5, 13, and 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 5 recites the second water purification device is disinfected but does not make clear how the entire device both the interior and exterior are disinfected. For purposes of examination, the claim will be interpreted to mean disinfecting any portion of the second water purification device. Claim 13 recites the water purifying device periodically heating the purified water yet the claim, drawings, and written description provide no structure that may accomplish this function. For purposes of examination, the claim will be interpreted as the water purifying device being able to heat the water. The dependent claims not specifically detailed above contain the limitations of the recited claims and thus are rejected for the same reasons. 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. Claims 15 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jansson, International Publication No. WO 00/57935 (“Jansson”). Applicant’s claims are directed towards a device. Regarding Claim 15, Jansson discloses a water purifying apparatus comprising (i) a pre-filter arrangement in fluid communication with a water inlet for receiving water from a water source (Fig. 3, item 1, Pg43 / Line 18 (“Pg/L”)), wherein the pre-filter arrangement includes a particle filter (Fig. 3, item 204, Pg43/L20) and an activated carbon filter (Fig. 3, item 232, Pg46/L32), and wherein the particle filter and the activated carbon filter are positioned and arranged to filter water received via the water inlet to produce pre-treated water (Fig. 3); (ii) a tank positioned and arranged to receive pre-treated water from the pre-filter arrangement (Fig. 3 (under the broadest reasonable interpretation, tank is any structure that has a liquid holding capacity such as the piping after the activated carbon filter)); and (iii) a filter arrangement including a pump positioned and arranged to pump pre-treated water from the tank (Fig. 3, item 236, Pg46/L20), a reverse osmosis device located downstream from the pump (Fig. 3, item 238, Pg43/L34-35, Pg47/L7), a heating device located downstream from the pump and arranged in a permeate fluid path (Figs. 3, 4, items 2c, 238, 330, Pg47/L32-35, P49/L14-16, Pg53/L3-5,10-12; see also 112(b) analysis), the heating device configured to heat water purified by the reverse osmosis device to a temperature above 65°C (Figs. 3, 4, item 330, Pg53/L1-5,13,17-22), and a second water purification device located downstream from the reverse osmosis device (Fig. 3, item 252, Pg48/L20), wherein the water purifying apparatus is configured to pump pre-treated water through the reverse osmosis device using the pump, produce purified water using the reverse osmosis device, and further purify the purified water using the second water purification device (Fig. 3), wherein the water purifying apparatus further comprises a return line configured to return further purified water from a location downstream from the second water purification device to the tank (Fig. 3 (note return lines from 252 and through 260 return to piping upstream of first pump 236 which has been interpreted as a tank and that at beginning of disinfecting cycle purified water remaining in system flushed through return lines), Pg49/L1-5), and wherein the water purifying apparatus is further configured to, during production of purified water (see intended use analysis above), return further purified water from a location downstream from the second water purification device to the tank, via the return line (Fig. 3 (note return line from second purification device 252 and that at beginning of disinfecting cycle purified water remaining in system flushed through return line)). Regarding Claims 18-20, Jansson discloses a water purifying apparatus comprising a pre-filter arrangement in fluid communication with a water inlet for receiving water from a water source (Fig. 3, item 1, Pg43/L18), wherein the pre-filter arrangement includes a particle filter (Fig. 3, item 204, Pg43/L20) and an activated carbon filter (Fig. 3, item 232, Pg46/L32), and wherein the particle filter and the activated carbon filter are positioned and arranged to filter water received via the water inlet to produce pre-treated water (Fig. 3); and a filter arrangement configured to receive pre-treated water, wherein the filter arrangement includes a pump positioned and arranged to pump pre-treated water (Fig. 3, item 236, Pg46/L20) from a tank (Fig. 3 (under the broadest reasonable interpretation, tank is any structure that has a liquid holding capacity such as the piping after the activated carbon filter such that the line from 234 construed as tank)), a reverse osmosis device located downstream from the pump (Fig. 3, item 238, Pg43/L34-35, Pg47/L7), and a heating device located downstream from the pump and arranged to a permeate fluid path (Figs. 3, 4, items 2c, 238, 330, Pg47/L32-35, P49/L14-16, Pg53/L3-5,10-12; see also 112(b) analysis), the heating device configured to heat water purified by the reverse osmosis device to a temperature above 65°C (Figs. 3, 4, item 330, Pg53/L1-5,13,17-22), and a second water purification device located downstream from the reverse osmosis device (Fig. 3, item 252, Pg48/L20), wherein the water purifying apparatus is configured to pump pre-treated water through the reverse osmosis device using the pump (Fig. 3), heat water purified by the reverse osmosis device (Figs. 3, 4), and disinfect the second water purification device using the heated purified water output from the heating device (Figs. 2-4 (note flow path of heated water)), wherein the water purifying apparatus further comprises a return line configured to return further purified water from a location downstream from the second water purification device to the tank (Fig. 3 (note return lines from 252 and through 260 return to piping upstream of first pump 236 which has been interpreted as a tank and that at beginning of disinfecting cycle purified water remaining in system flushed through return lines), Pg49/L1-5), and wherein the water purifying apparatus is further configured to, during production of purified water (see intended use analysis above), return further purified water from a location downstream from the second water purification device to the tank, via the return line (Fig. 3 (note return line from second purification device 252 and that at beginning of disinfecting cycle purified water remaining in system flushed through return line)). Additional Disclosures Included: Claim 19: wherein the water purifying apparatus is configured to further purify the purified water using the second water purification device downstream from heating water purified by the reverse osmosis device (Figs. 3, 4 (note piping configured to allow water to flow via line 2a and heated water to flow via line 2b which leads to second purification device 252)). Claim 20: wherein disinfecting the filter arrangement includes configuring the water purifying apparatus to periodically heat the purified water flowing in the filter arrangement by means of the heating device to a temperature above 65°C, and control heat disinfection of the second water purification device using the heated water such that a certain disinfection criterion is met (Figs. 3, 4 (note valving allows periodic heating); Pg48/L8 (note control system allows for controlling process)). Claim Rejections - 35 USC § 103 This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 6, 7, 9, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Jansson, International Publication No. WO 00/57935 (“Jansson”) in view of Burbank, et al., U.S. Publication No. 2014/0018727 (“Burbank”). Applicant’s claims are directed towards a device. Regrading Claims 1, 6, 7, 9, and 10, Jansson discloses a water purifying apparatus comprising (i) a pre-filter arrangement in fluid communication with a water inlet for receiving water from a water source (Fig. 3, item 1, Pg43/L18), wherein the pre-filter arrangement includes a particle filter (Fig. 3, item 204, Pg43/L20) and an activated carbon filter (Fig. 3, item 232, Pg46/L32), and wherein the particle filter and the activated carbon filter are positioned and arranged to filter water received via the water inlet to produce pre-treated water (Fig. 3); (ii) a tank positioned and arranged to receive pre-treated water from the pre-filter arrangement (Fig. 3 (under the broadest reasonable interpretation, tank is any structure that has a liquid holding capacity such as the piping after the activated carbon filter such that the line from 234 construed as tank)); and (iii) a filter arrangement configured to receive pre-treated water from the tank, wherein the filter arrangement includes a first pump (Fig. 3, item 236, Pg46/L20), a reverse osmosis device located after the first pump (Fig. 3, item 238, Pg43/L34-35, Pg47/L7), a heating device located downstream from at least the first pump and arranged to a permeate fluid path (Figs. 3, 4, items 2c, 238, 330, Pg47/L32-35, P49/L14-16, Pg53/L3-5,10-12; see also 112(b) analysis), the heating device configured to heat water purified by the reverse osmosis device to a temperature above 65°C (Figs. 3, 4, item 330, Pg53/L1-5,13,17-22), and a second water purification device located downstream from the reverse osmosis device (Fig. 3, item 252, Pg48/L20), wherein the water purifying apparatus is configured to pump pre-treated water through the reverse osmosis device using the first pump, produce purified water using the reverse osmosis device, and further purify the purified water using the second water purification device (Fig. 3). Jansson does not disclose a second pump or a reverse osmosis device located between the first and second pumps. Regarding Claims 11-14, Jansson discloses a water purifying apparatus comprising a pre-filter arrangement in fluid communication with a water inlet for receiving water from a water source (Fig. 3, item 1, Pg43/L18), wherein the pre-filter arrangement includes a particle filter (Fig. 3, item 204, Pg43/L20) and an activated carbon filter (Fig. 3, item 232, Pg46/L32), and wherein the particle filter and the activated carbon filter are positioned and arranged to filter water received via the water inlet to produce pre-treated water (Fig. 3); and a filter arrangement configured to receive pre-treated water wherein the filter arrangement includes a first pump (Fig. 3, item 236, Pg46/L20), a reverse osmosis device located after the first pump (Fig. 3, item 238, Pg43/L34-35, Pg47/L7), a heating device located downstream from at least the first pump and arranged in a permeate fluid path (Figs. 3, 4, items 2c, 238, 330, Pg47/L32-35, P49/L14-16, Pg53/L3-5,10-12; see also 112(b) analysis), the heating device configured to heat water purified by the reverse osmosis device to a temperature above 65°C (Figs. 3, 4, item 330, Pg53/L1-5,13,17-22), and a second water purification device located downstream from the reverse osmosis device (Fig. 3, item 252, Pg48/L20), wherein the water purifying apparatus is configured to pump pre-treated water through the reverse osmosis device using the first pump (Fig. 3), heat water purified by the reverse osmosis device (Figs. 3, 4), and disinfect the second water purification device using the heated purified water output from the heating device (Figs. 2-4 (note flow path of heated water)). Jansson does not disclose a second pump or a reverse osmosis device located between the first and second pumps. Burbank also relates to a water purifying apparatus using reverse osmosis and discloses a second pump (Fig. 8A, item 944, Pr107) and a reverse osmosis device (Fig. 9, item 975, Pr115) located between the first (Fig. 9, item 990, Pr116) and second pumps. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to combine the reverse osmosis device disclosed by Jansson with the second pump configuration disclosed by Burbank because a second pump adds flexibility while increasing purified water pressure and can enhance efficiency. Additional Disclosures Included: Claim 6: which includes a control unit (Jansson, Pg9/L2,31,Pg48/L8; Burbank, Pr102,103,106,111 (note use of controllers)) programmed to periodically instruct the water purifying apparatus to heat the purified water flowing in the filter arrangement by means of the heating device to a temperature above 65°C; and control heat disinfection of the filter arrangement using the heated water such that a certain disinfection criterion is met (see MPEP 2114(IV) regarding obviousness of controller function). Claim 7: which includes a plurality of return lines extending to the tank (Jansson, Fig. 3 (note return lines from 252 and through 260 return to piping upstream of first pump 236 which has been interpreted as a tank), Pg49/L1-5). Claim 9: wherein the filter arrangement is configured to produce purified water having an amount of bacteria that is less than 100 Colony-Forming Units/mL and an amount of bacterial endotoxins that is less than 0.25 Endotoxin Units/mL (Burbank, Pr90 (note 0.2 micron pore size)) via the reverse osmosis device (Janson, Fig. 3 (also note that Applicant admits that such filters known in the art (Spec., Pr50))). Claim 10: wherein the second water purification device is a device other than a reverse osmosis device (Burbank, Pr118). Claim 12: wherein the water purifying apparatus is configured to further purify the purified water using the second water purification device downstream from heating water purified by the reverse osmosis device (Jansson, Figs. 2-4 (note flow path of heated water)). Claim 13: wherein disinfecting the second water purification device includes configuring the water purifying apparatus to periodically heat the purified water flowing in the second water purification device by means of the heating device to a temperature above 65°C, and control heat disinfection of the second water purification device using the heated water such that a certain disinfection criterion is met (Jansson, (Figs. 3, 4, item 330, Pg53/L1-5,13,17-22; see also 112(b) analysis above). Claim 14: wherein the disinfection criterion includes at least one of the purified water having (i) an amount of bacteria that is less than 100 Colony-Forming Units/mL or (ii) an amount of bacterial endotoxins that is less than 0.25 Endotoxin Units/mL (note this intended use does not impart structure that distinguishes over the prior art, see MPEP 2115). Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jansson, International Publication No. WO 00/57935 (“Jansson”) in view of Burbank, et al., U.S. Publication No. 2014/0018727 (“Burbank”) as applied to Claim 1 above, and further in view of Zoccolante, et al., U.S. Publication No. 2006/0291839 (“Zoccolante”). Applicant’s claims are directed towards a device. Regarding Claims 2-5, the combination of Jansson and Burbank discloses the water purifying apparatus of Claim 1 except wherein the second water purification device is located downstream from the heating device. Zoccolante also relates to a water purifying apparatus using reverse osmosis and a heating device and discloses wherein the second water purification device is located downstream from the heating device (Fig. 1, items 10, 30, Pr37,38). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to locate the second purification device downstream from the heating device because, according to Zoccolante, this would allow hot water to disinfect the second purification device by inactivating microorganisms (Pr22) and allows for the second purification device temperature to be raised to “a pharmaceutically acceptable sanitization temperature” (Pr23,25). Additional Disclosures Included: Claim 3: wherein the heating device is located between the first pump and the second water purification device (Zoccolante, Pr23,27 (noting various positions of heating device possible)). Claim 4: wherein the heating device is located between the reverse osmosis device and the second water purification device (Zoccolante, Pr23,27 (noting various positions of heating device possible)). Claim 5: which is configured to cause the second water purification device to be disinfected using the heated purified water output from the heating device (Zoccolante, Pr23,27 (noting various positions of heating device possible); see also 112(b) analysis). Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jansson, International Publication No. WO 00/57935 (“Jansson”) in view of Zoccolante, et al., U.S. Publication No. 2006/0291839 (“Zoccolante”). Applicant’s claims are directed towards a device. Regarding Claims 16 and 17, Jansson discloses the water purifying apparatus of Claim 15 except wherein the second water purification device is located downstream from the heating device. Zoccolante also relates to a water purifying apparatus using reverse osmosis and a heating device and discloses wherein the second water purification device is located downstream from the heating device (Fig. 1, items 10, 30, Pr37,38). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to locate the second purification device downstream from the heating device because, according to Zoccolante, this would allow hot water to disinfect the second purification device by inactivating microorganisms (Pr22) and allows for the second purification device temperature to be raised to “a pharmaceutically acceptable sanitization temperature” (Pr23,25). Additional Disclosures Included: Claim 17: wherein the heating device is located between the first pump and the second water purification device (Zoccolante, Pr23,27 (noting various positions of heater possible)). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK ORME whose telephone number is (408)918-7585. The examiner can normally be reached Monday - Thursday, 7:30 am - 6:00 pm Pacific Time. 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, Bobby Ramdhanie can be reached at (571) 270-3240. 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. /PATRICK ORME/Primary Examiner, Art Unit 1779
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Prosecution Timeline

Jun 22, 2023
Application Filed
Jul 11, 2025
Non-Final Rejection — §102, §103, §112
Aug 08, 2025
Response Filed
Nov 04, 2025
Final Rejection — §102, §103, §112
Jan 27, 2026
Request for Continued Examination
Jan 30, 2026
Response after Non-Final Action
Feb 26, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Patent 12599852
FILTRATION DEVICE
2y 5m to grant Granted Apr 14, 2026
Patent 12594526
FORWARD OSMOSIS FILTRATION CELL, AND METHODS OF FILTERING WATER WITH A FORWARD OSMOSIS FILTRATION CELL
2y 5m to grant Granted Apr 07, 2026
Patent 12582943
SYSTEM AND METHOD FOR GROUNDWATER TREATMENT FOR NON-POTABLE USE
2y 5m to grant Granted Mar 24, 2026
Patent 12577131
TRANSMEMBRANE PRESSURE DIFFERENCE INFERENCE DEVICE AND DIFFUSED AIR AMOUNT CONTROL DEVICE
2y 5m to grant Granted Mar 17, 2026
Patent 12569609
TEMPERATURE MANAGEMENT SYSTEM FOR PATIENTS DURING STATIONARY AND MOBILE ECLS/ECMO THERAPY
2y 5m to grant Granted Mar 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
59%
Grant Probability
74%
With Interview (+15.0%)
3y 8m
Median Time to Grant
High
PTA Risk
Based on 474 resolved cases by this examiner. Grant probability derived from career allow rate.

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