Prosecution Insights
Last updated: April 19, 2026
Application No. 18/559,065

A PORTABLE DEVICE CONFIGURED TO PERFORM PROCESSING OPERATIONS IN RESPECT OF FLUID STORED IN A CONTAINER

Non-Final OA §102
Filed
Nov 06, 2023
Examiner
MASKELL, MICHAEL P
Art Unit
2878
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Nuvoe Pty Ltd.
OA Round
1 (Non-Final)
86%
Grant Probability
Favorable
1-2
OA Rounds
2y 4m
To Grant
96%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allow Rate
917 granted / 1064 resolved
+18.2% vs TC avg
Moderate +10% lift
Without
With
+10.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
17 currently pending
Career history
1081
Total Applications
across all art units

Statute-Specific Performance

§101
3.2%
-36.8% vs TC avg
§103
38.3%
-1.7% vs TC avg
§102
37.4%
-2.6% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1064 resolved cases

Office Action

§102
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 § 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. Claim(s) 1-6, 8-11, 13, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “NUVOE: The world’s first water purification upgrade for your bottle” https://web.archive.org/web/20210119075336/https://mynuvoe.com/, published on January 19, 2021 per Wayback Machine; hereinafter referred to as “Nuvoe”. Regarding claim 1, Nuvoe discloses a portable device configured to enable processing of fluid in a container, the device including: A non-buoyant device body (pod in the first figure), which is configured to be inserted into the container (first figure); A magnet housed in the body, wherein the magnet is configured to provide a level setting component which is configured to cause the device to stabilize at a predefined level inside the container (first through third figures), the predefined level being determined by positioning a separate magnetic anchor (magnetic anchor) on an external side of a sidewall of the container (first through third figures); and One or more fluid processing components (UV sterilization components) which are configured to perform fluid processing in respect of the fluid contained within the container, following insertion of the device body into the container; Such that, in use, the device is dropped into the fluid and sinks to the predefined level (first figure) at which point is becomes stabilized against and inside surface of the sidewall of the container via magnetic attractive forces between the magnet housed in the body and the separate magnetic anchor (second and third figures). Regarding claim 2, Nuvoe discloses a device to process fluid in a container, the device including: A device body (pod) which is configured to be inserted into the container (bottle); A level setting component provided on the device body, which is configured to cause the device to stabilize at a predefined level inside the container (first and second figures); and One or more fluid processing components (UV sterilization components) which are configured to perform fluid processing in respect of a fluid contained within the container, following insertion of the device body into the container (second and third figures). Regarding claim 3, Nuvoe discloses wherein the predefined level is defined relative to a position on a sidewall of the container (first through third figures). Regarding claim 4, Nuvoe discloses wherein the position on the sidewall of the container is defined by a location of a sidewall magnet (magnetic anchor). Regarding claim 5, Nuvoe discloses wherein the sidewall magnet is provided on a portable unit (magnetic anchor) which is selectively positioned by a user at the position on the sidewall of the container which is presented externally of the container, thereby to define the predefined level (first through third figures). Regarding claim 6, Nuvoe discloses wherein the sidewall magnet is configured to be positioned on a variety of different containers, thereby to enable utilization of the device with those containers (the magnetic anchor is attached with tape; therefore, it is capable of being removed and placed on another container). Regarding claim 8, Nuvoe discloses wherein the predefined level is defined relative to a level of fluid in the container, such that the device body sinks to the predefined level within the fluid based on buoyancy properties of the device body (first figure animation). Regarding claims 9-11, Nuvoe discloses wherein the device includes one or more activation components configured to trigger activation of the one or more fluid processing components in response to a predefined stimulus wherein the stimulus is a shaking motion (step 2, the bottle is shaken to activate the device). Regarding claim 13, Nuvoe discloses wherein the one or more activation components include an accelerometer (a shaking sensor is an accelerometer). Regarding claim 16, Nuvoe discloses wherein the one or more fluid processing components include one or more ultraviolet lights configured to perform fluid purification/sterilization functionality (UV-C lights). Regarding claim 17, Nuvoe discloses a plurality of ultraviolet lights (UV-C lights) which are circumferentially spaced about the device body (three equispaced UV-C lights), thereby to emit ultraviolet light both into a region of fluid above the device body and a region of fluid below the device body, when the predefined level is below a level of fluid in the container (third figure). Regarding claim 18, Nuvoe discloses wherein the one or more fluid processing components are configured to process fluid both into a region of fluid above the device body, and a region of fluid below the device body, when the predefined level is below a level of fluid in the container (third figure). Regarding claim 19, Nuvoe discloses wherein the body is elongate relative to a longitudinal axis (first through third figures). Regarding claim 20, Nuvoe discloses wherein the device body is configured to be inserted with its longitudinal axis substantially aligned with a longitudinal axis of an opening of the container, and stabilize in a configuration where its longitudinal axis is substantially perpendicular to the longitudinal axis of an opening of the container (first figure). Allowable Subject Matter Claims 7, 12, 14 and 15 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: Regarding claim 7, Nuvoe’s magnet is taped to the outside of the sidewall of the container, not integrated into the sidewall of the container. Integrating the magnet into the sidewall of the container would destroy the magnet’s repositioning ability. Regarding claims 12, 14 and 15, Nuvoe’s stimulus is a shaking motion, not a leveling motion, a detection of fluid, or measurement of pressure, ambient light, or detection of a filling/drinking cycle. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL P MASKELL whose telephone number is (571)270-3210. The examiner can normally be reached M-F 10A-6P. 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, Robert Kim can be reached at 571-272-2293. 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. /MICHAEL MASKELL/Primary Examiner, Art Unit 2881 27 December 2025
Read full office action

Prosecution Timeline

Nov 06, 2023
Application Filed
Dec 27, 2025
Non-Final Rejection — §102 (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
86%
Grant Probability
96%
With Interview (+10.1%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 1064 resolved cases by this examiner. Grant probability derived from career allow rate.

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