Prosecution Insights
Last updated: July 17, 2026
Application No. 18/588,021

Locating System

Final Rejection §103
Filed
Feb 27, 2024
Priority
Mar 10, 2023 — EU 23161101.3
Examiner
RUSHING, MARK S
Art Unit
2689
Tech Center
2600 — Communications
Assignee
AS Strömungstechnik GmbH
OA Round
2 (Final)
77%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 77% — above average
77%
Career Allowance Rate
631 granted / 823 resolved
+14.7% vs TC avg
Strong +24% interview lift
Without
With
+24.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
25 currently pending
Career history
846
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
87.1%
+47.1% vs TC avg
§102
3.4%
-36.6% vs TC avg
§112
2.3%
-37.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 823 resolved cases

Office Action

§103
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . DETAILED ACTION Status of the Claims This is in response to the amendment filed on 3/3/26. Claims 1-2 have been cancelled. Therefore, Claims 19-21 are pending in the application. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Specification Objections to the Specification have been withdrawn. Claim Objections Claim 5 recites “the SIM card and the battery and the inductive charging unit…” which are introduced in Claims 3 and 4, but Claim 5 depends from Claim 19. Claim 5 will be interpreted as depending from Claim 4. Claim Rejections - 35 USC § 103 Claims 6-10 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hulbert et al. (Hulbert; DE 102018214306 A1) in view of Hahn et al. (Hahn; DE 10158510 A1), further in view of Whiteley et al. (Whiteley; US 7917409 B1). 2>Regarding Claim 6, Hulbert discloses a temperature sensor ([0038] the interior sensor system 30 comprises: a temperature sensor 31…object temperature sensor 35), a fill-level sensor ([0038] fill level sensor) and/or a sensor for detecting shocks ([0039] acceleration sensor 44 is configured to detect the acceleration, shocks), but doesn’t teach encapsulation. Whitely teaches an encapsulated GPS tracker (Col 6 Lines 45-50). Regarding Claim 7, Hulbert discloses storage medium in the form of liquids is stored in the containers ([0027] containers 10 are suitable for the storage and transport of liquids). Regarding Claim 8, Hulbert discloses the containers are part of a dispensing system ([0029] By means of the valve device 13b, the barrel 10b can be opened and closed in order to introduce liquid into the barrel 10b for filling and to remove liquid therefrom for use). Regarding Claim 9, Hulbert discloses dip tube can be closed off where it opens out at the container opening with a dip tube closure forming a container closure (part of 13b valve device). Regarding Claim 10, Hulbert discloses the dispensing system has a dispense head that can be connected to the container opening of a container, wherein via the dispense head storage medium can be dispensed from the container or supplied to it ([0029] By means of the valve device 13b, the barrel 10b can be opened and closed in order to introduce liquid into the barrel 10b for filling and to remove liquid therefrom for use). Regarding Claim 14, Hulbert discloses the current location information can be transmitted via the internet ([0043] data determined by the data module 20 about the container 10, its contents and surroundings are sent, for example, at regular intervals via the mobile radio interface to a central server (cloud) 100)). Regarding Claim 15, Hulbert discloses the current location information can be transmitted via a mobile communication network ([0010] external receiving device is located outside the container and can be implemented, for example, by a central server, a cloud or a user device such as a smartphone). Regarding Claim 16, Hulbert discloses current location information of containers stored in the cloud-based computer system can be called up by means of a user unit ([0010] external receiving device is located outside the container and can be implemented, for example, by a central server, a cloud or a user device such as a smartphone). 16>Regarding Claim 17, Hulbert discloses the end device is a mobile end device ([0010] external receiving device is located outside the container and can be implemented, for example, by a central server, a cloud or a user device such as a smartphone). Regarding Claim 18, Hulbert discloses a method for operating a locating system for containers (Abstract, 10 of Figs 1a, 1b), wherein the containers each have at least one container opening ([0048] 12b opening) for supplying or dispensing storage medium ([0027] containers 10 are suitable for the storage and transport of liquids), characterized in that a container closure ([0048] 11a, 11b container lid) designed for closing the container opening is present for each container, and in that a GPS tracker is present in the container closure ([0042] data module 20 has a locating component for geographical positioning, which enables the container 10 to be located, for example, via a global navigation satellite system, such as GPS; [0012] the data module is inserted into the module opening, the shaft section is at least partially inside the container) or in a dip tube opening out at the container closure, the GPS tracker being designed for determining current location information of the container ([0042] enables the container 10 to be located), and in that the current location information is transmitted to a cloud-based computer system ([0043] data determined by the data module 20 about the container 10, its contents and surroundings are sent, for example, at regular intervals via the mobile radio interface to a central server (cloud) 100)) by means of the GPS tracker ([0042] for geographical positioning). Regarding Claim 19, Hulbert discloses a locating system for containers (Abstract), the locating system comprising: a container (10a, 10b of Fig 1a, 1b) including a container opening (“lid opening” [0028] container lid 11a can be provided with an external thread to fit into a corresponding lid opening of the IBC 10a to be screwable; another opening (11, 13a of Fig 1a) containers 10 are suitable for storing and transporting liquids) to or from the container; and a another opening data module 20 has a locating component for geographical positioning, which enables the container 10 to be located, for example, via a global navigation satellite system, such as GPS; [0012] the data module is inserted into the module opening, the shaft section is at least partially inside the container), so that the another opening another opening another opening another opening since 13a is an opening the medium is supplyable through it), wherein the GPS tracker is configured to determine a current location information of the container, and to transmit the current location information to a cloud-based computer system ([0042] data module 20 has a locating component for geographical positioning, which enables the container 10 to be located, for example, via a global navigation satellite system, such as GPS); but doesn’t specify that the plug (20) goes in a dip tube nor that the GPS tracker is encapsulated. In the same field of endeavor, Hahn discloses a container closure for filling and emptying containers, in particular barrel-like transport containers, which can be inserted into a container opening, which receives a plug head, and which comprises a riser tube, connected to the plug head, a removal connection element, whereby the removal connection element can be locked with the plug head, and a first cylindrical tube section having a removal tube formed therein, a ventilation line and a recirculation line, being separated spatially from the ventilation line. Hahn discloses a dip tube plug that goes into a dip tube (Fig. 3 is a plug head with a dip tube and threaded plug according to the invention after dismounting removal connection element according to one of the Fig. 1 or 2. Page 8 para 2, threaded plug 26 can be screwed sealingly into a threaded section of the bung head 1). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hulbert’s plug head into the diptube of Hahn in order to protect the liquid in the container and decrease the likelihood of leaks, as suggested by Hahn (Page 1). In the same field of endeavor, Whiteley discloses a method for monitoring shipments by encoding a unique identifier and information on each component into a data storage of a GPS device; attaching the GPS device to the component; tracking the location of each component. Location and shipping data of each GPS device, and therefore each container associated with each GPS device is made available to a user through a network. Whiteley discloses an encapsulated GPS tracker (Col 6 Lines 45-50). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hulbert with Whiteley to encapsulate the tracker in order that the GPS device can be protected from damage while components are transported, inspected, or surveyed, as suggested by Whiteley (Col 6 Lines 45-50). 19>Regarding Claim 20, Hulbert discloses the plug another opening and axially and radially envelops the end of the another opening that is oriented away from the container (Fig 1a). Hahn teaches the dip tube closure plug arranged in the plug are arranged at an end of the dip tube that is oriented away from the container, and wherein the dip tube closure plug is threaded into the dip tube and axially and radially envelops the end of the dip tube that is oriented away from the container (Fig 3 shows plug at top of dip tube). Whiteley discloses and encapsulated GPS tracker (Col 6 Lines 45-50). Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hulbert, Hahn and Whitely, further in view of Fahrner et al. (Fahrner; US 8949022 B1). Regarding Claim 3, Hulbert discloses that internal power source 50, such as a battery) are assigned to the GPS tracker, but doesn’t teach a SIM card. In the field of GPS tracking of devices, Fahrner discloses an electronic device configured to producing position coordinates based on global positioning system data and coupling to a network via a wireless connection. The actions include relaying the position coordinates to the network via the wireless connection. Fahrner discloses a SIM card (430 of Fig 4D) and a battery (424 of Fig 4C) are assigned to the GPS tracker (Col 10 Lines 44-49 FIG. 4D is a bottom view of the populated printed circuit board 434 of the bike GPS device 120 of FIG. 4C. A combination cellular radio and modem (modulation demodulation unit) 432 is mounted at one end of the printed circuit board 434, near the cellular antenna 428. A SIM (subscriber identity module) card 430 is mounted next to the cellular radio and modem 432). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hulbert with Fahrner using a SIM card in order to provide an integrated system for combining relevant elements and adding economy of space. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hulbert, Hahn and Whitely, and Fahrner, further in view of Salter et al. (Salter; US 20220253073 A1). 3>Regarding Claim 4, Hulbert doesn’t disclose an inductive charging unit is assigned to the battery. In the field of GPS trackers for devices, Salter discloses a smart container for transporting items in transportation vehicles, and/or GPS cellular tracking for positional awareness. The smart container includes an inductive charging module for receiving power from the vehicle. Salter discloses an inductive charging unit is assigned to the battery ([0022] smart container 200 may include computing device 202 having processor 204 and memory 206, door 203, e.g., a lid, communication circuitry 208, inductive charging module 210, battery 212…and/or GPS 226). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hulbert with Salter using inductive charging in order to efficiently provide power to the tracker using convenient located power sources, as suggested by Salter ([0006]). Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hulbert, Hahn and Whitely, in view of Fahrner and Salter. 2>Regarding Claim 5, Hulbert does not disclose the SIM card and the battery and the inductive charging unit are arranged in the encapsulation. Fahrner teaches the SIM card and battery are part of the GPS tracker (430 of Fig 4D; 424 of Fig 4C). Salter teaches the inductive charging using is part to the GPS tracker ([0022]). Whitely teaches an encapsulated GPS tracker (Col 6 Lines 45-50). Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hulbert, Hahn and Whitely, in view of MENHARDT et al. (Menhardt; US 20190331702 A1). Regarding Claim 11, Hulbert discloses an information of the respective container is transmitted with the current location information of a container, wherein a current location information of a container is stored in the cloud-based computer system together with the identifier of the container ([0043] data determined by the data module 20 about the container 10, its contents and surroundings are sent, for example, at regular intervals via the mobile radio interface to a central server (cloud) 100)), but doesn’t teach an identifier. In the same field of endeavor, Menhardt discloses a delivery process for tracking containers and their contents, that may be instrumented with a GPS device ([0034]). Menhardt discloses transmitting an identifier for a container ([0063] container 320 container 320 could have its own identifier 326; [0064] information may also be transmitted to central monitor). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Hulbert with Menhardt using an identifier in order to efficiently track product progress and content inventory. 11>Regarding Claim 12, Hulbert doesn’t disclose the respective container can be identified by means of the identifier. Menhardt discloses a container can be identified by means of the identifier ([0034] container 320 could have its own identifier 326). 11>Regarding Claim 13, Hulbert doesn’t disclose the storage medium present in the container can be identified by means of the identifier. Menhardt discloses storage medium in the container can be identified by the identifier ([0064] ID of that container 326 can be obtained to identify the content of the container). Allowable Subject Matter Claim 21 is 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; and if the objection is resolved. Response to Arguments Applicant's arguments with respect to Claims 1-21 have been considered but are moot in view of the new ground(s) of rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Madrid et al. (Madrid; US 20020139840 A1) discloses a smart fluid storage container assembly and methods of using the container assembly that provides for storage of identifying information and other data with the container itself. The information accompanying the container can be used to identify the contents of the container and the proper storage and use of the material contained within the container. 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 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 MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MARK S RUSHING/Primary Examiner, Art Unit 2689
Read full office action

Prosecution Timeline

Feb 27, 2024
Application Filed
Sep 24, 2025
Non-Final Rejection mailed — §103
Dec 19, 2025
Response after Non-Final Action
Dec 19, 2025
Applicant Interview (Telephonic)
Dec 19, 2025
Response Filed
Dec 19, 2025
Examiner Interview Summary
Mar 03, 2026
Response Filed
Jun 17, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
77%
Grant Probability
99%
With Interview (+24.4%)
2y 5m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 823 resolved cases by this examiner. Grant probability derived from career allowance rate.

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