Prosecution Insights
Last updated: April 19, 2026
Application No. 18/567,389

CLOSURE FOR A WATER CONTAINER OF A WATER PIPE

Non-Final OA §102
Filed
Dec 06, 2023
Examiner
WILL, KATHERINE A
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Schmidt Innovations GmbH
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
87%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allow Rate
297 granted / 449 resolved
+1.1% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
44 currently pending
Career history
493
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 449 resolved cases

Office Action

§102
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 Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non- structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. In claim 1, “clamping means” is interpreted as “ a sealing ring (O-ring) ” (Specification [0070]). This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a displacement element” in claim 1 and “an operating element” in claim 5. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. In this case, the corresponding structure of “ a displacement element” is “ circumferential NBR lip (Fig. 6a), a circumferential foam rubber (Fig. 6b) or an O-ring in a V-shaped groove (Fig. 6c) ” (Specification [0077]). The corresponding structure of “an operating element” is a lever (Specification [0083]). If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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 and 8 -9 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Mehio (US 10039317) . Claim s 1 and 8 . Mehio discloses a hookah 100 comprising a hookah bottle 120 (water container) and a stem 110 (closure element) which is affixed to a hookah bottle neck 122 . Neck stem segment 118 is permanently affixed to the hookah bottle neck 122 while free stem segment 116 is configured to be releasably affixed to the neck stem 118 (Column 4, lines 44-55; Figures 1-5). Dry smoke aperture 102 (continuous opening) extends through the stem 110 (closure element) (Figure 24). P rotrusions are joined between a seal 170 below them and a seal 170 above them. The lower seal 170 (displacement element) provides a seal to the outside environment, while the upper seal 170 (clamping means) provides a seal to the plenum 180 of the hookah stem 110 (Column 10, lines 43-47; Figure 24). The seals 170 are compressible, elastic seals or o-rings (Column 9, lines 3-41). Claim 9. Mehio discloses that the upper seal 170 (clamping means) is provided at the plenum 180 (portion of the stem 110) extending in an axial direction such that it overlaps in a radial projection with the plenum 180 (portion of the stem 110) (Figure 24). Allowable Subject Matter Claims 2- 7 and 10-13 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. Claims 14 and 15 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Mehio (US 10039317). Mehio discloses the closure bottom part according to claim 1 but does not disclose or suggest that the closure element (1) has a cylindrical portion (12) with a thread (39), and the displacement element (32; 33) has a cylindrical portion with a corresponding mating thread (39), and they are configured such that the displacement element (32; 33) and the closure element (01) are displaceable with respect to one another in an axial direction as a result of a rotation motion with respect to one another. Mehio also does not disclose an operating element/lever connected to the lower seal 170 (displacement element) ; a valve system (62) for supplying compressed air to the clamping element (61), which is configured such that a supply of compressed air effectuates the modification of the diameter of the clamping element (61) ; a spring element (64), which is configured to effectuate a radial modification of the clamping element (61), and a ventilation means (63) for reducing a pressure prevailing in a clamping element (01) ; wherein the clamping element (36) is provided at a portion (38), of the displacement element (33; 34), extending in an axial direction such that it overlaps in a radial projection with this portion (38) ; wherein the closure bottom part (41) has a connection means (72) at its end opposite, in the axial direction, of the clamping means (97) for connecting a closure upper part (42). Mehio also does not disclose a second closure element (02), a continuous opening (22) for a smoke tube (06), at least one connectivity opening (19) for at least one smoke hose (20) and at least one continuous first recess (27) for the air-permeable connection between the water container (05) and the connectivity opening (19), wherein the second closure element (02) has an essentially cylindrical portion (67), and the first closure element (01) has an essentially cylindrical portion (66), which are plugged into one another and are configured such that an axial displacement of the first closure element (01) with respect to the second closure element (02) is prevented by a positive engagement while a rotatability by 360° of the first closure element (01) with respect to the second closure element (02) is maintained. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Katherine A Will whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-0516 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 10:00AM-6:00PM(EST) . 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 Michael Wilson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)270-3882 . 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. /KATHERINE A WILL/ Primary Examiner, Art Unit 1747
Read full office action

Prosecution Timeline

Dec 06, 2023
Application Filed
Mar 16, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12593877
VAPING SYSTEM
2y 5m to grant Granted Apr 07, 2026
Patent 12543801
ELECTRONIC CIGARETTE
2y 5m to grant Granted Feb 10, 2026
Patent 12538943
NONWOVEN POUCH COMPRISING HEAT SEALABLE BINDER FIBER
2y 5m to grant Granted Feb 03, 2026
Patent 12538945
Method and System for Identifying Smoking Articles
2y 5m to grant Granted Feb 03, 2026
Patent 12527346
PODS FOR VAPORIZERS AND SMOKING PRODUCTS
2y 5m to grant Granted Jan 20, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
87%
With Interview (+21.3%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 449 resolved cases by this examiner. Grant probability derived from career allow 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