Prosecution Insights
Last updated: October 02, 2026
Application No. 18/596,979

CHEMICAL DELIVERY SYSTEM WITH DILUTION CONTROL

Non-Final OA §103
Filed
Mar 06, 2024
Priority
Mar 10, 2023 — provisional 63/451,257
Examiner
BHATIA, ANSHU
Art Unit
Tech Center
Assignee
Sonny'S Hfi Holdings LLC
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
813 granted / 966 resolved
+24.2% vs TC avg
Strong +17% interview lift
Without
With
+17.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
39 currently pending
Career history
988
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
29.1%
-10.9% vs TC avg
§112
21.5%
-18.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 966 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 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15, are rejected under 35 U.S.C. 103 as being unpatentable over Uhlhorn (U.S. Publication 2016/0185589). Regarding claim 1, Uhlhorn teaches a chemical delivery system with dilution control (figure 2 is considered a chemical delivery system, paragraph 21 teaches forming a dilution), comprising: a chemical delivery manifold (items 170, 234a, and 234b are considered reading on a manifold since there are three flows from item 110) comprising a manifold body including an inlet port fluidly coupled to a plurality of eductors (paragraph 24 teaches item 140 which is considered comprising an inlet at its most upstream end, and paragraph 24 teaches one or more eductor item 115 ), each eductor comprising a motive fluid inlet (inlet on item 115 which receives fluid from item 140), a concentrated chemical inlet (item 115 inlet which receives material from item 120), and a mixed solution outlet (outlet of item 115 feeding to item 160), the motive fluid inlet fluidly coupled to the inlet port (inlet from item 115 is fluidly coupled to the upstream most portion of item 140) and to a valve configured to be operated by a control signal such that each valve is operated independently to selectively control flow of a motive fluid through a respective motive fluid inlet of an eductor of the plurality of eductors (see paragraph 24 which teaches a diluent supply valve and a controller), the concentrated chemical inlet fluidly connected to a concentrated chemical (item 110 is fluidly connected to item 115, 234a, and 234b) by a concentrated chemical line such that each eductor is configured to individually mix a corresponding concentrated chemical into the motive fluid to form a mixed solution therein (lines 120, 230a, 230b and are considered capable of individually forming a mixed solution); a plurality of metering devices, each coupled to a corresponding concentrated chemical line and configured to control a rate of dispensing of the concentrated chemical passing through the corresponding concentrated chemical line (see items 232a, 232b are on concentrated lines and configured to control a rate of dispensing material through items 230a and 230b, paragraph 42 teaches a valve can be disposed on supply line 120); a plurality of concentrated chemical flow rate sensors (paragraph 62 teaches the use of a flow sensor on a supply line, paragraph 72 teaches one or more flow sensors) a control unit comprising a processor configured to receive a measured flow rate from each flow rate sensor of the plurality of flow rate sensors (see paragraph 5 which teaches a control system which based on an environmental factor, paragraph 24 teaches the controller has one or more sensors to detect environmental factors), and to cause a respective metering device of the plurality of metering devices to adjust the rate of dispensing for one or more of the concentrated chemicals to thereby control the flow rate of the one or more of the concentrated chemicals such that a dilution of each concentrated chemical in the motive fluid is individually controlled (see paragraph 5 which teaches the control system is programmed to adjust a concentration via control of the one or more metering devices). Regarding claim 1, Uhlhorn is silent to the specific location of the of the sensors. Regarding claim 1, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the location of the sensors in order to measure the flow at various parts of the manifold since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Regarding claim 2, Uhlhorn teaches wherein the plurality of eductors are configured as venturi eductors, such that the concentrated chemical is drawn through the concentrated chemical inlet by the venturi effect (paragraph 21 teaches a venturi tube in the eductor which would inherently have the venturi effect). Regarding claim 3, Uhlhorn teaches wherein the control unit is configured to receive data from each flow rate sensor of the plurality of flow rate sensors corresponding to an actual flow rate (see paragraph 24 which the controller having sensors to detect environmental factors, paragraph 19 teaches providing different flow rates to the mix chamber which would inherently require receiving a signal on the actual flow rates), and when the control unit determines a target flow rate differs from the actual flow rate, the control unit causes a corresponding metering device of the plurality of metering devices to adjust the rate of dispensing of the concentrated chemical into the concentrated chemical inlet (paragraph 76 teaches a target concentration dilution which would inherently require a target flow rate). Regarding claim 4, Uhlhorn teaches wherein the corresponding metering device of the plurality of metering devices is configured to adjust an orifice size of the concentrated chemical line (valves items 232a and 232b are considered reading on metering devices and, valves reduce the size of the orifice in order to control the rate of flow), and wherein when the control unit determines the target flow rate differs from the actual flow rate, the control unit causes the corresponding metering device of the plurality of metering devices to adjust the orifice size of the concentrated chemical line (paragraph 76 teaches a target concentration dilution which would inherently require a target flow rate, and paragraph 19 teaches providing different flow rates to the mix chamber which would inherently require controlling the valves). Regarding claim 5, Uhlhorn teaches multiple inlet channels coupled to the valves and to each of the fluid valves and to each of the motive fluid inlets of the plurality of eductors (opening in channels item 140a, 140b, paragraph 24 teaches a diluent supply valve). Regarding claim 5, Uhlhorn is silent to a single inlet feeding to the channels. Regarding claim 5, absent any unexpected results, it would have been obvious to one of ordinary skill in the art to make the diluent lines one integral line in order to allow for easier operation of the manifold since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893). Regarding claim 6, Uhlhorn teaches wherein the motive fluid is delivered at a constant pressure through each valve (the flow through item 140 can be controlled by the valve taught in paragraph 20, and is considered capable of flowing at a constant pressure). Regarding claim 7, while Uhlhorn teaches conveying fluids with a supply pump (paragraph 61) Uhlhorn is silent to the pump being located on the diluent line. Regarding claim 7, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to rearrange the pump in order to better control the flow of materials being mixed since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Regarding claim 8, Uhlhorn teaches wherein the valve is a pneumatic valve or solenoid valve (paragraph 22 solenoid valve). Regarding claim 9, Uhlhorn teaches wherein in response to receiving the measured flow rate from each flow rate sensor, the control unit is further configured to adjust the control signal for operating the valves coupled to the motive fluid inlet of the eductor (paragraph 71 teaches obtaining a targeted concentration which would inherently require adjusting the valves coupled to the diluent flow path). Regarding claim 10, Uhlhorn teaches further comprising a distribution manifold comprising an inlet port (inlet through which item 240 feeds into item 170 ) and a plurality of distribution ports (openings in items 140, 140a, 140b which deliver diluent), wherein at least one of the plurality of distribution ports delivers the motive fluid to the inlet port of the chemical delivery manifold (outlets of items 234a, 234b are considered distribution ports and a portion of the fluid is diluent which is considered the motive fluid feeding into the opening in item 170 that receives fluid from item 240). Regarding claim 11, Uhlhorn is silent to the two chemical delivery systems. Regarding claim 11, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to duplicate the number of manifolds in order to mix the desired volume of product since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Regarding claim 12, Uhlhorn teaches further comprising a plurality of fluid delivery lines (items 160, 236a, 236b), each fluid delivery line fluidly coupled to an individual mixed solution outlet (each of items 160, 236a, 236b are fluidly coupled with the outlet of item 170), wherein the plurality of fluid delivery lines are configured to direct the mixed solution to an application area (items 160, 236a, 236b deliver mixed fluids to item 170 which is then discharged into a receptacle, see paragraph 22). Regarding claim 13, Uhlhorn teaches wherein each fluid delivery line is fluidly coupled to a mixed solution distribution port and configured to deposit the individual mixed solution at the application area (outlets of items 115, 234a, and 234b are considered reading on solution distribution ports and deposit mixed solution to item 170 which is then discharged into a receptacle, see paragraph 22). Regarding claim 14, Uhlhorn teaches A method of delivering a mixed solution from a chemical delivery system configured with dilution control (figure 2 is considered a chemical delivery system, paragraph 21 teaches forming a dilution), comprising: receiving, by a control unit comprising a processor (paragraph 71 teaches a control system), measured flow rates from a plurality of flow rate sensors of the chemical delivery system (paragraph 71 teaches flow meters, paragraph 7 teaches metering devices to increase or decrease flow), each of the plurality of flow rate sensors coupled to a corresponding concentrated chemical line and configured to measure a flow rate of a concentrated chemical therethrough (see paragraph 71 which teaches flow meters, paragraph 7 teaches metering devices to control the amount of chemical concentrate ), each concentrated chemical line being fluidly coupled to a concentrated chemical inlet of an eductor of a plurality of eductors (items 120, 230a, 230b all feed into items 115, 234a, 234b), wherein each of the plurality of eductors are fluidly coupled to an inlet port of a chemical delivery manifold via a motive fluid inlet thereof (inlet ports where items 140, 140a, and 140b feed), said motive fluid inlet fluidly coupled to a valve of a plurality of valves (paragraph 20 teaches a valve used with the diluent supply line), and wherein each of the plurality of eductors comprises a mixed solution outlet (outlets out of items 115, 234a, 234b); transmitting, by the control unit, instructions to cause at least one metering device of a plurality of metering devices to adjust a rate of dispensing of the concentrated chemical through the corresponding concentrated chemical line for at least one of the concentrated chemicals based on the measured flow rates (paragraph 71 teaches using a controller, flow meters and valves to obtain the targeted concentration), wherein each of the plurality of metering devices is coupled to the corresponding concentrated chemical lines and configured to control a rate of dispensing of the concentrated chemical passing therethrough (paragraph 7 teaches adjusting the flow of chemical concentrate); and transmitting, by the control unit, a control signal to cause each valve of the plurality of valves to be operated, such that each valve is operated independently to selectively control flow of a motive fluid through a respective motive fluid inlet of an eductor of the plurality of eductors (paragraph 71 teaches using a controller and valves to obtain the targeted concentration which would inherently require the control unit providing a signal to the valves in paragraph 20 providing diluent flow) such that each eductor is configured to individually mix the concentrated chemical into the motive fluid to form a mixed solution having a controlled flow rate of the concentrated chemical to thereby individually control a dilution of each concentrated chemical in the motive fluid (paragraph 75 teaches different diluent flow rates for each eductor which would provide a different total amount of concentrate to the outlet 170). Regarding claim 15, Uhlhorn teaches further comprising, determining, by the control unit, that the measured flow rate from one or more flow rate sensors differs from a target flow rate; and based on the determination, causing, by the control unit, one or more corresponding metering devices of the plurality of metering devices to adjust the rate of dispensing of the concentrated chemical (paragraph 71 teaches obtaining a targeted concentration which would inherently require adjusting the valves, which are considered reading on metering devices, coupled to the diluent flow path). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANSHU BHATIA whose telephone number is (571)270-7628. The examiner can normally be reached Monday - Friday 11 a.m. to 7:30 p.m.. 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, Claire Wang can be reached at (571)270-1051. 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. /ANSHU BHATIA/Primary Examiner, Art Unit 1774
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Prosecution Timeline

Mar 06, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103 (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
84%
Grant Probability
99%
With Interview (+17.2%)
2y 9m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 966 resolved cases by this examiner. Grant probability derived from career allowance rate.

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