Prosecution Insights
Last updated: July 17, 2026
Application No. 18/315,132

HIGH-OUTPUT ATMOSPHERIC WATER GENERATOR

Non-Final OA §112
Filed
May 10, 2023
Priority
Aug 02, 2018 — continuation of 11/679,339
Examiner
OSWALD, KIRSTIN U
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Plug Power Inc.
OA Round
4 (Non-Final)
58%
Grant Probability
Moderate
4-5
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
297 granted / 508 resolved
-11.5% vs TC avg
Strong +33% interview lift
Without
With
+33.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
31 currently pending
Career history
554
Total Applications
across all art units

Statute-Specific Performance

§103
91.8%
+51.8% vs TC avg
§102
5.0%
-35.0% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 508 resolved cases

Office Action

§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 . Claim Objections Claim 26 is objected to because of the following informalities: line 6 appears to need to have the refrigerant circuit in plural because there are two water generators. Appropriate correction is required. 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 12-14, 18-19, 21-28, and 31 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 12 recites the limitation "the condenser outlet" in line 32. There is insufficient antecedent basis for this limitation in the claim. Please note there are two separate condenser outlets claimed. Claim 12 recites the limitation "the condenser" in lines 39-40. There is insufficient antecedent basis for this limitation in the claim. Please note there are two separate condensers claimed. Claim 22 recites the limitation "the condenser" in line 7. There is insufficient antecedent basis for this limitation in the claim. Claim 22 recites the limitation "the evaporator" in line 7. There is insufficient antecedent basis for this limitation in the claim. Claim 26 recites the limitation "the first evaporator" in line 10. There is insufficient antecedent basis for this limitation in the claim. Claim 26 recites the limitation "the second evaporator" in line 15. There is insufficient antecedent basis for this limitation in the claim. Claim 31 recites the limitation "the pump" in line 3. There is insufficient antecedent basis for this limitation in the claim. By virtue of dependency, claims 13-14, 18-19, 21, 23-28, and 31 are also rejected. Allowable Subject Matter The following is an examiner’s statement of reasons for allowance: the limitations set forth in independent Claims 1, 12, 22, and 26 are not disclosed nor taught by the prior art. Examiner finds the amendment and arguments made by applicant in the amendment/remarks filed 03/02/2026 to be persuasive and overcome the prior art of record. REASONS FOR ALLOWABILITY The closest prior art of record is Forsberg et al. (US 2005/0139552 A1), Merritt (US 2010/0083676 A1), Galante et al. (US 2010/0186433 A1), Feng et al. (US 2017/0211851 A1), Reidy (5,203,989), Ikezaki et al. (US 2003/0010483 A1), Tolbert et al. (US 2014/0065000 A1), Merkys et al. (US 2005/0161202 A1), and Conry (5,070,704). The following is an examiner's statement of reasons for allowance: The prior art does not anticipate nor render obvious the combination set forth in the independent claims 1, 12, 22, and 26. The aforementioned references teach an atmospheric generator, a refrigerant circuit, a condenser, an evaporator, a compressor, an expansion valve, a water treatment system, a container, and a controller. However, the references relied upon fail to specifically teach the limitations of: In Claim 1: the references fail to teach or make obvious the specific limitations regarding the configuration of the subcooling system and the subcooling heat exchanger to the refrigerant circuit. In Claim 12: the references fail to teach or make obvious the specific limitations regarding the configuration of the subcooling system and the subcooling heat exchanger to the refrigerant circuits. In Claim 22: the references fail to teach or make obvious the specific limitations regarding the configuration of the subcooling system and the subcooling heat exchanger to the refrigerant circuit. In Claim 26: the references fail to teach or make obvious the specific limitations regarding the configuration of the subcooling system and the subcooling heat exchangers to the refrigerant circuits of the atmospheric water generators. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ehrlich (4,255,937). Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTIN U OSWALD whose telephone number is (571)270-3557. The examiner can normally be reached 10 a.m. - 6 p.m. M-F. 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, Len Tran can be reached at 571-272-1184. 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. /KIRSTIN U OSWALD/Examiner, Art Unit 3763 /ERIC S RUPPERT/Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Show 5 earlier events
Nov 18, 2025
Applicant Interview (Telephonic)
Nov 21, 2025
Request for Continued Examination
Dec 04, 2025
Response after Non-Final Action
Jan 08, 2026
Non-Final Rejection mailed — §112
Feb 18, 2026
Examiner Interview Summary
Feb 18, 2026
Applicant Interview (Telephonic)
Mar 02, 2026
Response Filed
Jun 15, 2026
Non-Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
58%
Grant Probability
92%
With Interview (+33.2%)
3y 2m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 508 resolved cases by this examiner. Grant probability derived from career allowance rate.

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