Prosecution Insights
Last updated: May 04, 2026
Application No. 18/351,129

NON-GRAVITATIONAL FLUID DELIVERY DEVICE FOR OPHTHALMIC APPLICATIONS

Non-Final OA §102§103
Filed
Jul 12, 2023
Priority
Jul 14, 2022 — provisional 63/389,132
Examiner
RAYMOND, LINNAE ELIZABETH
Art Unit
3781
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
VERILY LIFE SCIENCES LLC
OA Round
1 (Non-Final)
50%
Grant Probability
Moderate
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 50% of resolved cases
50%
Career Allowance Rate
51 granted / 101 resolved
-19.5% vs TC avg
Strong +64% interview lift
Without
With
+64.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
63 currently pending
Career history
164
Total Applications
across all art units

Statute-Specific Performance

§101
2.7%
-37.3% vs TC avg
§103
56.9%
+16.9% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
25.4%
-14.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 101 resolved cases

Office Action

§102 §103
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. Claims 1-20 are pending in the instant application and , in light of the response to restriction wherein claims 8-20 were withdrawn, claims 1-7 are examined on the merits herein. Priority The instant application claims priority to U.S. Provisional App. no. 63/389,132 filed on 07/14/2022. Claims 1-20 receive priority to the prior-filed application, filed on 07/14/2022. Election/Restrictions Applicant's election with traverse of Group I (claims 1-7) in the reply filed on 12/22/2025 is acknowledged. The traversal is on the ground(s) that the Office failed to provide appropriate explanation to demonstrate serious search burden. This is not found persuasive because the examiner in the requirement for restriction clearly noted that the inventions were distinct for reasons that the inventions fail to require the same effects upon articulation of the shutter or the same actuation mechanisms. The specific structure for the actuation mechanisms of at least Group I requires search within different areas, specifically those directed to nozzle actuation mechanisms, than those which would be required to search for the actuation mechanisms of Groups II-III. Claims 8-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction requirement in the reply filed on 12/22/2025. The requirement is still deemed proper and is therefore made FINAL. Specification The abstract of the disclosure is objected to because the abstract comprises phrases which may be implied (“Aspects of the present disclosure”) . A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). The disclosure is objected to because of the following informalities: The reference number 120 refers to the shutter, instead of the shutter assembly (para. 0054 ln. 9). The term “cover” is spelled incorrectly (para. 0055 ln. 16). Appropriate correction is required. 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 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. Claim 1 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by US/2020/0353185 A1 to Sherwood . Regarding claim 1, Sherwood discloses a fluid dispenser (Fig. 4 ; Fig. 11, similar basic structure of the housing to Fig. 4 ; para. 0061-0063 ), comprising: a housing (Fig. 4, housing 204) , defining: a first opening configured to receive a fluid cartridge ( Fig. 4, aerosol canister 210; Fig. 11 showing opening at the top of the housing to receive a fluid cartridge ; para. 0002, aerosol canister is placed in the housing) ; and a second opening positioned such that a nozzle of the fluid cartridge is aligned with the second opening when the fluid cartridge is positioned within the first opening (Fig. 4, second opening 228 positioned aligned with nozzle opening 222 when aerosol canister 210 is positioned within the housing 204) ; and a shutter coupled to the housing and configured to articulate between a closed position and an open position, wherein the shutter is configured to obscure the second opening in the closed position and to expose the second opening in the open position, and wherein the shutter comprises a protrusion on an inward-facing surface of the shutter, the protrusion configured to engage and actuate a nozzle cover of the fluid cartridge when the shutter articulates to the open position (Fig. 4, shutter 260 coupled to housing 204 shown in an open position comprising protrusion 262 on an inner-facing surface configured to engage and actuate nozzle seal member 230; para. 0061-0063) . 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. 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. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sherwood as applied above, and further in view of US/2020/0360180 A1 to Stowe . Regarding claim 6, the cited prior art discloses the invention of claim 1; however, the prior art differs from the instantly claimed invention in that the prior art fails to disclose a sterilization component coupled to the inward-facing surface of the shutter, wherein the sterilization component is configured to emit light toward the nozzle of the fluid cartridge when the shutter is in the closed position and the fluid cartridge is positioned within the first opening. Stowe teaches an ophthalmic fluid dispensing system (Fig. 16, ophthalmic fluid dispensing system 15) comprising a sterilization component inward of and coupled to a shutter (Fig. 23, sterilizer 300 and shutter 325; para. 0069, mechanical activation button 320 coupled to a mechanism for opening shutter 325; para. 0083, sterilizer 300 can be turned on after shutter 325 is re-closed; para. 0093, controller 290 activates sterilizer 300 after shutter 325 is re-closed such that sterilizer 300 is coupled to shutter 325) , wherein the sterilization component is configured to emit light toward the nozzle of the fluid cartridge when the shutter is in the closed position and the fluid cartridge is positioned within the first opening (Fig. 23, sterilizer 300 and shutter 325; para. 0069, mechanical activation button 320 coupled to a mechanism for opening shutter 325; para. 0083, sterilizer 300 can be turned on after shutter 325 is re-closed; para. 0093, controller 290 activates sterilizer 300 after shutter 325 is re-closed such that sterilizer 300 is coupled to shutter 325) , wherein the sterilization component is configured to kill viruses, bacteria, and molds and save battery power of the system by being turned on only after the shutter is re-closed (para. 0083) . It would be considered obvious to one of ordinary skill in the art before the effective filing date of the instant application to modify the fluid dispenser of the cited prior art to comprise the sterilization component of Stowe, because Stowe teaches that the sterilization component is configured to kill viruses, bacteria, and molds and save battery power of the system by being turned on only after the shutter is re-closed (para. 0083). Allowable Subject Matter Claims 2-5 and 7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: No art on record, alone or in combination, could be found to teach the following limitations in claim 2: “wherein the shutter includes a first shutter component and a second shutter component coupled to the first shutter component by a first hinge”. The closest prior art is Sherwood as utilized above . As explained above, Sherwood discloses the specific structure of the shutter and the actuation mechanisms as claimed in claim 1 . Sherwood does not however disclose the specific structure of claim 2, and it would not be considered obvious to modify Sherwood to comprise the structure of claim 2 as Sherwood provides no suggestion or motivation to modify the shutter to comprise multiple components coupled by a first hinge. It is further unclear if modifying the structure of Sherwood to comprise multiple components coupled by a first hinge would maintain its intended function. Stowe as used in the rejection of claim 6 discloses a shutter, but fails to disclose the specific structure of the shutter actuation mechanism and provides no motivation to modify the shutter to comprise multiple components coupled by a first hinge. The limitations of claim 2 are not taught nor rendered obvious to one of ordinary skill in the art before the effective filing date of the instant application, because Sherwood, as the closest prior art, does not teach the specific structure of the shutter and does not provide any suggestion or motivation to one of ordinary skill in the art before the effective filing date of the instant application to comprise the structure of the shutter. Claims 3-5 are considered to be allowable for depending upon an allowed base claim. The following is a statement of reasons for the indication of allowable subject matter: No art on record, alone or in combination, could be found to teach the following limitations in claim 7: “a pair of conductors coupled to the shutter and the sterilization component; a pair of electrical spring contacts coupled to the housing, wherein the pair of electrical spring contacts are positioned to be in contact with the pair of conductors when the shutter is in the closed position; and a power supply coupled to the housing and configured to provide electrical power to the sterilization component via the pair of electrical spring contacts”. The closest prior art is Stowe as utilized above . Stowe as used in the rejection of claim 6 discloses the shutter and the sterilization component, but fails to disclose the specific structure of the sterilization power supply mechanism and provides no motivation to modify the sterilization component to comprise the components as required in claim 7. The limitations of claim 7 are not taught nor rendered obvious to one of ordinary skill in the art before the effective filing date of the instant application, because Stowe, as the closest prior art, does not teach the specific structure of the sterilization power supply mechanism and does not provide any suggestion or motivation to one of ordinary skill in the art before the effective filing date of the instant application to comprise the structure of the sterilization power supply mechanism. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US/2023/0381801 A1 to Zhou discloses a spray dispenser comprising a nozzle cover configured to be actuated to position a nozzle opening with a second opening . US/2021/0322210 A1 to Yehuda discloses an ophthalmic spray dispenser comprising a hinged nozzle cover configured to be actuated by a user. US/2020 / 0316629 A1 to Bartolucci discloses a dispenser comprising a shutter configured to cover non-aligned housing and nozzle openings that is actuated by a hinged button. US/2009/0212133 A1 to Collins discloses an ophthalmic spray dispenser comprising a shutter or a plurality of shutters to cover the nozzle and a shutter actuator that actuates the shutters between and open and closed state that maintains an open configuration through it. U.S. Patent no. 5,881,956 A to Cohen discloses a micro-dispensing ophthalmic pump comprising a nozzle cover which may be actuated by movement of the pump actuator. U.S. Patent no. 5,482,187 A to Poulsen discloses a dispenser comprising a housing shutter that when actuated allows for movement of the nozzle from beyond a fixed nozzle cover. US/2020/0390917 A1 to Tang discloses a sanitization device comprising a hall effect sensor and a magnet on an openable and closeable lid that ensures that sanitization only occurs when the lid is closed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Linnae Raymond whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-6894 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8:00am to 4:00pm . 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, FILLIN "SPE Name?" \* MERGEFORMAT Nicholas Weiss can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)270-1775 . 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. /Linnae E. Raymond/ Examiner, Art Unit 3781 /LESLIE R DEAK/ Primary Examiner, Art Unit 3799 1 April 2026
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Prosecution Timeline

Jul 12, 2023
Application Filed
Apr 01, 2026
Non-Final Rejection — §102, §103 (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

1-2
Expected OA Rounds
50%
Grant Probability
99%
With Interview (+64.4%)
3y 4m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 101 resolved cases by this examiner. Grant probability derived from career allowance rate.

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