Prosecution Insights
Last updated: April 19, 2026
Application No. 18/558,965

NOZZLE FOR A STATIC MICRODOSER AND SYSTEM COMPRISING A MICRODOSER WITH SUCH NOZZLE FOR INTRODUCING AN ADDITIVE INTO A CONTAINER

Final Rejection §102§103§112
Filed
Nov 03, 2023
Examiner
GRUBY, RANDALL A
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Société des Produits Nestlé S.A.
OA Round
2 (Final)
62%
Grant Probability
Moderate
3-4
OA Rounds
2y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 62% of resolved cases
62%
Career Allow Rate
289 granted / 463 resolved
-7.6% vs TC avg
Strong +44% interview lift
Without
With
+44.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
29 currently pending
Career history
492
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
39.0%
-1.0% vs TC avg
§102
20.4%
-19.6% vs TC avg
§112
36.3%
-3.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 463 resolved cases

Office Action

§102 §103 §112
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 . Status of the Application Claims 1, 5-7, and 15-17 have been examined in this application. This communication is a Final Rejection in response to the "Amendment" and Remarks" filed on 12/17/25. 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 1, 5-7 and 15-16 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. As per claim 1, the limitation “a respective orifice” appears to be a double inclusion not supported in the specification. It is unclear if “a respective orifice” is the same as or different from “a plurality of orifices”. That is, there is no clear relation established between “a respective orifice” and “a plurality of orifices”. Further, as per claim 1, the limitation “the orifice” has unclear antecedent basis. It is unclear to which orifice the claimed “the orifice” refers. Claims 5-7 and 15-16 depend from claim 1 and thus inherit the deficiencies thereof. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 5-7, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 12110224 to Limpens et al. As per claims 1 and 5-7, Limpens discloses a nozzle for a microdoser, the nozzle comprising at least 3 circular orifices (2, Fig. 1a; Col. 4, Ln. 23-30: diameter 1.5mm) arranged in a matrix configuration (Fig. 1a), the nozzle having a total orifice opening area of at least 10mm2 (Col. 4, Ln. 23-30; Fig. 1a – 27 channels with diameter of 1.5mm = total orifice opening of more than 10 mm2), the orifice is configured so that no circle larger than 1.6mm in diameter can be inscribed within the opening of said orifice (Col. 4, Ln. 23-30: 1.5mm diameter). As per claim 15, and as the examiner can understand the claim, Limpens further discloses wherein the nozzle comprises, for each orifice, a straight internal channel having a uniform cross-section having a shape of said orifice (Fig. 2a), the internal channel having a length of at least 30 times the diameter of the orifice (Col. 8, Ln. 47-48—60 mm length = 40 x 1.5 mm, where 40 is greater than 30). 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. Claims 1, 5-7, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US 12110224 to Limpens et al in view of US 9909289 to Kilian. As per claims 1 and 5-7, and as the examiner can understand the claims, Limpens discloses a nozzle for a microdoser, the nozzle comprising at least 3 circular orifices (2, Fig. 1a; Col. 4, Ln. 23-30: diameter 1.5mm) arranged in a matrix configuration (Fig. 1a), the nozzle having a total orifice opening area of at least 10mm2 (Col. 4, Ln. 23-30; Fig. 1a – 27 channels with diameter of 1.5mm = total orifice opening of more than 10 mm2), the orifice is configured so that no circle larger than 1.6mm in diameter can be inscribed within the opening of said orifice (Col. 4, Ln. 23-30: 1.5mm diameter). Limpens does not disclose for each orifice an internal channel issued onto a surface of the nozzle to form a respective orifice. Killian teaches a nozzle (Fig. 2a) comprising a plurality of orifices (20), wherein for each orifice an internal channel issues onto a surface of the nozzle (17) to form a respective orifice. It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to modify Limpens according to the aforementioned teachings from Kilian for reasons including to reduce material costs. As per claim 15, and as the examiner can understand the claim, Limpens further discloses wherein the nozzle comprises, for each orifice, a straight internal channel having a uniform cross-section having a shape of said orifice (Fig. 2a), the internal channel having a length of at least 30 times the diameter of the orifice (Col. 8, Ln. 47-48—60 mm length = 40 x 1.5 mm, where 40 is greater than 30). Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 12110224 to Limpens et al in view of US 9909289 to Kilian in view of US 5899244 to Nish et al in view of US 3805856 to McLennand. As per claim 16, the Limpens-Kilian combination discloses the claimed invention except for the inlet of each channel is covered by a grid. Nish teaches a nozzle comprising a plurality of channels (402) –each channel having an inlet (401) covered by a grid having openings (390; Fig. 13). It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to modify the Limpens-Kilian combination according to the aforementioned teachings from Nish for reasons including to filter out undesirable particulates from a flow into the nozzle. The Limpens-Kilian-Nish combination does not disclose a particular size of openings in the grid. McLennand teaches a nozzle having a grid with openings of 150 micrometers or less (Col. 1, Ln. 64-67). It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed, in view of the silence the The Limpens-Kilian-Nish combination, to try to a grid/screen with any mesh size including 150 micrometers or less for reasons including to filter out a desired particle size. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over US 12110224 to Limpens et al in view of US 9909289 to Kilian in view of US 6076750 to Mykkanen. As per claim 17, the Limpens-Kilian combination discloses the claimed invention except for the nozzle comprising a converging portion. Mykkanen teaches a nozzle comprising a plurality of orifices (3) and a converging portion that converges towards the orifices of the nozzle (Fig. 1 – tapered outer surface). It would have been obvious for one of ordinary skill in the art at the time the application was effectively filed to modify the Limpens-Kilian combination according to the aforementioned teachings from Mykkanen for reasons including to minimize material used and the cost and weight savings associated with a smaller nozzle. Response to Arguments In regards to the objections and claim rejections under 35 USC § 112 issued in the office action dated 09/17/25, the amendment filed 12/17/25 appropriately addresses all and they are withdrawn. The claim rejections under 35 USC § 112 contained herein are necessitated by the amendment filed 12/17/25. In regards to the claim rejections under prior art, the remarks filed 12/17/25 have been fully considered but are moot because they do not apply to the grounds of rejection contained in this office action. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). The prior art made of record in FORM PTO-892 and not relied upon is considered pertinent to applicant's disclosure. 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 with expire on the date the advisory action is mailed, and any extension fee 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Randy Gruby, whose telephone number is (571) 272-3415. The examiner can normally be reached from Monday to Friday between 8:00 AM and 5:00 PM. If any attempt to reach the examiner by telephone is unsuccessful, the examiner’s supervisor, Paul Durand, can be reached at (571) 272-4459. Another resource that is available to applicants is the Patent Data Portal (PDP). Information regarding the status of an application can be obtained from the (PDP) system. For more information about the PDP system, see https://opsg-portal.uspto.gov/OPSGPortal/. Should you have questions on access to the PDP system, please feel free to contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). /R.A.G/Examiner, Art Unit 3754 /PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 March 4, 2026
Read full office action

Prosecution Timeline

Nov 03, 2023
Application Filed
Sep 10, 2025
Non-Final Rejection — §102, §103, §112
Dec 17, 2025
Response Filed
Mar 02, 2026
Final Rejection — §102, §103, §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

3-4
Expected OA Rounds
62%
Grant Probability
99%
With Interview (+44.0%)
2y 4m
Median Time to Grant
Moderate
PTA Risk
Based on 463 resolved cases by this examiner. Grant probability derived from career allow rate.

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