Prosecution Insights
Last updated: October 01, 2026
Application No. 18/648,962

BEVERAGE PREPARATION MACHINE WITH ENHANCED PUMP CONTROL

Final Rejection §112
Filed
Apr 29, 2024
Priority
May 23, 2017 — EU 17172429.7 +2 more
Examiner
O'HERN, BRENT T
Art Unit
1793
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nestlé S.A.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
3m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
1107 granted / 1410 resolved
+13.5% vs TC avg
Strong +20% interview lift
Without
With
+19.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
66 currently pending
Career history
1435
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
43.6%
+3.6% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
37.3%
-2.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1410 resolved cases

Office Action

§112
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 . Claims Claims 1-10 are pending. Allowable Subject Matter Claims 1-6 and 9-10 are allowed. WITHDRAWN REJECTIONS All rejections of record in the Office Action mailed 5/12/2026 have been withdrawn due to Applicant’s amendments in the Paper filed 8/12/2026. NEW REJECTIONS The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Official Correspondence. Claim Rejections - 35 USC § 112 Claims 7 and 8 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. Claim 7 recites the limitation "measuring the operating parameter" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the measuring the operating parameter". Claim 8 recites the limitation "measuring the liquid flow parameter" in line 1. There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to consider stating "the measuring the liquid flow parameter ". Clarification and/or correction required. ANSWERS TO APPLICANT’S ARGUMENTS The limitations of the amended/new claims are discussed above. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENT T O'HERN whose telephone number is (571)272-6385. The examiner can normally be reached M-Th 5:00 am - 3:30 pm. 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, Emily Le can be reached at 571-272-0903. 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. /BRENT T O'HERN/ Primary Examiner, Art Unit 1793 August 18, 2026
Read full office action

Prosecution Timeline

Apr 29, 2024
Application Filed
May 12, 2026
Non-Final Rejection mailed — §112
Aug 12, 2026
Response Filed
Sep 10, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

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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
78%
Grant Probability
98%
With Interview (+19.8%)
2y 8m (~3m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1410 resolved cases by this examiner. Grant probability derived from career allowance rate.

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