Prosecution Insights
Last updated: August 15, 2026
Application No. 18/403,596

FUEL LEVEL SENSORS FOR HOPPERS OF PELLET GRILLS

Final Rejection §103
Filed
Jan 03, 2024
Examiner
BAGHDASARYAN, HOVHANNES
Art Unit
Tech Center
Assignee
Weber-Stephen Products LLC
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
772 granted / 995 resolved
+17.6% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
74 currently pending
Career history
1071
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
50.8%
+10.8% vs TC avg
§102
14.4%
-25.6% vs TC avg
§112
25.8%
-14.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 995 resolved cases

Office Action

§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 . 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) 1 and claims bellow are rejected under 35 U.S.C. 103 as being unpatentable over D1 EP 3677157 Al in view of D2 US 20110133941. Regarding claims bellow D1 teaches Claim 1 A pellet grill (100) comprising: a hopper (110) including a hopper cavity (130) configured to contain pellets; and a hopper including an interior wall and a pellet fuel storage compartment, the interior wall defining the pellet fuel storage compartment;(fig. 3) a laser rangefinder (310) including a laser emission aperture (320) configured to emit a laser beam toward the pellets and a laser receiving aperture (330) configured to receive the laser beam after it reflects off the pellets (see paragraphs [0018], [0027]-[0030] and figure 3). D1 does not teach that the transmission portion of the fuel level sensor is configured to transmit infrared light toward pellet fuel and the pellet grill further comprises a cover including a first lens, a second lens, and a divider, the first lens and the second lens located between the fuel level sensor and the pellet fuel, the divider located between the first lens and the second lens, the divider having a first side and a second side located opposite the first side, wherein infrared light transmitted from the transmission portion toward the pellet fuel passes through the first lens on the first side of the divider, and wherein infrared light is reflected from the pellet fuel. However D2 teaches see paragraphs [0030], [0040]-[0042] and figures 9-10: an optical proximity sensor (10) comprises a light emitter (16) configured to transmit infrared light toward an object (60) and a light detector (12) to receive infrared light reflected from the object (60); and the optical proximity sensor (10) further comprises a light emitter lens (27) disposed over the light emitter (16) and a light detector lens (29) disposed over the light detector (12), wherein a shield (18 or 25) comprises a first portion (61) partially covering the light emitter lens (27) and a second portion (63) partially covering the light detector lens (29)). Regarding claim D1 does not teach but D2 teaches , further comprising a printed circuit board assembly (PCBA) including a printed circuit board (PCB)(11, 35), the fuel level sensor(12), and the cover(18), [0006] a sensor(12) mounted to the PCB(11), the fuel level sensor(fig. 7) a cover(18) including a base, a sidewall(14), a first lens hole (54), a second lens hole (52), and a divider(25), the base mounted to the PCB such that the cover circumscribes and covers the fuel level sensor with the fuel level sensor being located between the PCB and one or more of the first lens hole and the second lens hole of the cover(fig. 9 ), the sidewall extending from the base and supporting the first lens, the second lens, and the divider,(fig. 4) Although D1 does not explicitly teach that cover is attached to the first and second lenses This is just a matter of obvious placement arrangement of elements. And hence It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 with teachings by D2 in order to provide electronics with sensor assembly in single package for level detection. Rgarding claims 21 22 Although D1 and D2 do not teach 21. (New) The pellet grill of claim 1, wherein the first lens is seated on a first lip of the cover and the second lens is seated on a second lip of the cover, wherein the first lip is formed along and extends from a first portion of the sidewall and a first portion of the first side of the divider, and wherein the second lip is formed along and extends from a second portion of the sidewall and a second portion of the second side of the divider. 22. (New) The pellet grill of claim 21, wherein the first lens and the second lens are planar. D2 explicitly shows lens holes(53, 54) for lens in cover(18) lens holes comprising extensions formed from the sidewall and a first portion of the first side of the divider but does not teach lips to hold lens It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 with teachings by D2 and to place lip to hold and glue lenses to in order to place lenses on cover instead of the directly on sensors. (just simple obvious rearrangement of parts) Also D1 or D2 do not teach 22. (New) The pellet grill of claim 21, wherein the first lens and the second lens are planar. It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 with to use planar lenses In order to provide high sharpness , and low chromatic aberration and minimal distortions(as well known in the art). 2. The pellet grill of claim 1, wherein the transmission portion of the fuel level sensor is located on the first side of the divider(25), and the detection portion of the fuel level sensor is located on the second side of the divider. (fig. 4) 3. The pellet grill of claim 2, wherein the cover further includes a first compartment located on the first side of the divider and a second compartment located on the second side of the divider, wherein the transmission portion of the fuel level sensor is aligned with the first compartment and the detection portion of the fuel level sensor is aligned with the second compartment. (fig. 4 and 7) 4. The pellet grill of claim 3, wherein the transmission portion includes an infrared transmitter and the detection portion includes an infrared receiver, wherein the infrared transmitter and the infrared receiver are components of a time-of-flight sensor. [0003] 5. The pellet grill of claim 1, wherein the first lens and the second lens are configured to shield the fuel level sensor from particulate or wear. (implicit lenses protect sensing and transmitting portions from damage.) 6. The pellet grill of claim 1, wherein the divider is configured to reduce crosstalk associated with infrared light transmitted from the transmission portion. (implicit as 25 is optically separating transmission and reception regions) It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 with teachings by D2 in order to provide laser proximity sensor required for D1. 9. The pellet grill of claim 1, further comprising a controller configured to determine a fuel level of the pellet fuel based on a time of travel or a quantity associated with infrared light received at the detection portion of the fuel level sensor. (D1 [0027]) 10. The pellet grill of claim 9, wherein the controller is configured to cause a notification associated with the determined fuel level to be presented locally or remotely relative to the pellet grill. (D1 [0029]) 11. The pellet grill of claim 9, wherein the controller is further configured to evaluate whether the determined fuel level of the pellet fuel is below a fuel level threshold. (D1 [0029]) 12. The pellet grill of claim 11, wherein the controller is configured, in response to detecting that the determined fuel level is below the fuel level threshold, to cause a notification associated with the determined fuel level or the fuel level threshold to be presented locally or remotely relative to the pellet grill. (D1 [0029]) 13. The pellet grill of claim 9, wherein the controller is further configured to activate the fuel level sensor in response to detecting an occurrence of an activation triggering event. D1 [0033](pellet grill turning on ) Although D1 in paragraph 33 talks about weight basest fuel level sensor it will be also obvious to trigger light based trigger sensor when grill is turned on in order to notify user about the level of the pellet. 14. The pellet grill of claim 13, wherein detecting the occurrence of the activation triggering event includes determining that a control system of the pellet grill is in an ON state or that the control system has initiated a startup sequence. D1 [0033] 15. The pellet grill of claim 13, wherein detecting the occurrence of the activation triggering event includes determining that a switch of the pellet grill is in an ON state. D1 [0033] Although D1 does not explicitly say 17. The pellet grill of claim 13, wherein the controller is further configured to deactivate the fuel level sensor in response to detecting an occurrence of a deactivation triggering event. 18. The pellet grill of claim 17, wherein detecting the occurrence of the deactivation triggering event includes determining that a control system of the pellet grill is in an OFF state or that the control system has initiated a shutdown sequence. 19. The pellet grill of claim 17, wherein detecting the occurrence of the deactivation triggering event includes determining that a switch of the pellet grill is in an OFF state. This is just obvious modification to save the power as pellets are not used when grill is of and constant reading of the pellet level in not required. It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 in order to save the power when grill is not used. Regarding claims 16 and 20 D1 teaches Communication over wifi or Bluetooth with user providing live updates[0063+0061] Although D1 does not explicitly say 16. The pellet grill of claim 13, wherein detecting the occurrence of the activation triggering event includes determining that a fuel level sensor activation request has been received via a user interface or a network interface of the pellet grill. 20. The pellet grill of claim 17, wherein detecting the occurrence of the deactivation triggering event includes determining that a fuel level sensor deactivation request has been received via a user interface or a network interface of the pellet grill. This is just obvious modification in order to control grill device over the remote interface and turning on and off the grill remotely . It will be obvious to one of ordinary skills in the art to modify teachings taught by D1 in order to control grill remotely. 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 HOVHANNES BAGHDASARYAN whose telephone number is (571)272-7845. The examiner can normally be reached Mon-Fri 7am - 5 pm. 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, Yuqing Xiao can be reached at (571) 270-3603. 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. /HOVHANNES BAGHDASARYAN/Examiner, Art Unit 3645
Read full office action

Prosecution Timeline

Jan 03, 2024
Application Filed
Jul 02, 2026
Non-Final Rejection mailed — §103
Jul 05, 2026
Response Filed
Jul 20, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12704634
SYSTEMS AND METHODS FOR UTILITY POLE LOADING AND/OR CLEARANCE ANALYSES
4y 6m to grant Granted Aug 11, 2026
Patent 12704713
OPTICAL PHASE ARRAY, LIDAR SYSTEM INCLUDING AN OPTICAL PHASE ARRAY, AND METHOD FOR PROCESSING AN OPTICAL PHASE ARRAY
3y 8m to grant Granted Aug 11, 2026
Patent 12693394
APPARATUS AND METHOD FOR MEASURING DISTANCE AND/OR VELOCITY OF OBJECT
2y 10m to grant Granted Jul 28, 2026
Patent 12681151
LIDAR SENSOR SYSTEM
3y 11m to grant Granted Jul 14, 2026
Patent 12681318
Optical Component and Laser Radar System
3y 11m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
78%
Grant Probability
94%
With Interview (+16.7%)
3y 0m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 995 resolved cases by this examiner. Grant probability derived from career allowance 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