Prosecution Insights
Last updated: April 17, 2026
Application No. 18/700,438

MULTI-PURPOSE SMOKING ACCESSORY DEVICE WITH AUDIO SOUND SYSTEM

Non-Final OA §102§103
Filed
Apr 11, 2024
Examiner
KATCOFF, MATTHEW GORDON
Art Unit
3725
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
85%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allow Rate
668 granted / 964 resolved
-0.7% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
986
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
37.1%
-2.9% vs TC avg
§102
28.9%
-11.1% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 964 resolved cases

Office Action

§102 §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 . Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 10, 7, 7a, 7b, 8, 9, 11, 12, 15, 18, 19, 22, 24, 74, 28b, 30, 32, 89, 90, 36, 69, 48, 67, 66, 72, 80, 78, 38, 39, 41, 44, 45, 46, 47. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “21” has been used to designate both storage compartment and touch bar. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “71” has been used to designate both top lid and bottom lid and button switch. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “70” has been used to designate both top lid and bottom lid. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “21” has been used to designate both storage compartment and touch bar. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “28a” has been used to designate both top portion and bottom portion. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “76” has been used to designate both bottom portion and separating joint. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “38” has been used to designate both audio amplifier and speaker module. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “47” has been used to designate both control module and Bluetooth module. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "21" and "24" have both been used to designate touch bar. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "28a" and "28b" have both been used to designate bottom portion. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "36" and "68" have both been used to designate holding container. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "76" and "47" have both been used to designate bottom. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "71" and "70" have both been used to designate top lid. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "71" and "70" have both been used to designate bottom lid. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "36" and "38" have both been used to designate speaker module. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "41" and "47" have both been used to control module. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "44" and "47" have both been used to designate Bluetooth module. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Objections Claim 1 is objected to because of the following informalities: for the phrase “a dispensing section that comprises” the “a” should be “the”. Claim 7 is objected to because of the following informalities: for the phrase “wherein drawer of the dispensing section” it should be “the drawer”. Appropriate correction is required. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-7, 10 and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CA 2,948,509 to Sarpoushan et al (Dina). Concerning claim 1, Dina discloses an apparatus for processing dry materials, comprising: an enclosure (inherently disclosed) defining an interior cavity divided into sections by walls that define interior regions comprising a grinding section (E1 in the figure reproduced below), a dispensing section (E2 in the figure reproduced below), and an electronics section (E3 in the figure reproduced below); a grinder assembly (2, 4) that fits within the grinding section and configured to receive dry materials for grinding; a dispensing section that comprises a drawer (25) receiving ground materials from the grinder assembly; an electronic control system (14) that fits within the electronics section; an insulator layer (E4 in the figure reproduced below) connected to at least the walls defining the electronics section to separate the electronics section from the grinder assembly and the dispensing section. Concerning claim 2, Dina discloses the grinder assembly comprises a motor (16) controlled by the electronic control system. Concerning claim 3, Dina discloses the grinder assembly comprises grinding elements (2.2 and 4.6) connected to a respective top section (2) and bottom section (4) of the grinder assembly. Concerning claim 4, Dina discloses the top section (2) and the bottom section (4) of the grinder assembly are configured to join together and define an area for receiving the ground material. Concerning claim 5, Dina discloses the area (4.8) is surrounded by portions of the grinder assembly (2, 4) defining a holding container for the ground material. Concerning claim 6, Dina discloses the grinder assembly further comprises a screen between the grinding elements and the holding container, wherein the screen allows select particles of the ground material to enter the holding container (page 12, last paragraph). Concerning claim 7, Dina discloses drawer (25) of the dispensing section receives the ground material from the screen. Concerning claim 10, Dina discloses the electronics section comprises a computer (14) storing a control system that operates a motor (16) connected to the grinder assembly. Concerning claim 12, Dina discloses the electronics section comprises a power supply (28) connected to the computer (14) and the motor (16). Concerning claim 13, Dina discloses the electronics section comprises a computer (14( configured to receive electrical inputs from ports built into the enclosure (such as 14.4). Concerning claim 14, Dina discloses the electronic control system and the grinding assembly operate simultaneously while separated from each other by the insulator layer. Concerning claim 15, Dina discloses the drawer (25) is removable from the dispensing section. Claim Rejections - 35 USC § 103 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. Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dina in view of U.S. Patent Application Publication No. 2004/0177763 to Robillard (Robillard). Concerning claims 8-9, Dina does not disclose the insulator layer comprises shock absorbing materials. Robillard discloses an apparatus for processing dry materials, comprising: an enclosure (10) defining an interior cavity divided into sections by walls that define interior regions comprising a grinding section (40), and an electronics section (see figure 5); an insulator layer (¶25) connected to at least the walls defining the electronics section; the insulator layer comprises shock absorbing materials (¶25) to separate vibrational energy from the grinding section from the electronics section; wherein the insulator layer comprises a polymer, a rubber (¶25), a nylon, or a plastic. It would have been obvious to a person of ordinary skill in the art at the time of the effective filing date to add the shock absorbing rubber to the insulation layer of Dina because, as disclosed by Robillard, “isolation material, such as rubber-like materials, foams, or other materials having sound and/or vibration absorbing characteristics, may be used to inhibit the transfer of vibration to any surface upon which grinder 210 rests” (¶25). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dina in view of U.S. Patent Application Publication No. 2021/0015146 to Chaben et al (Chaben). Concerning claim 11, Dina does not disclose an entertainment system comprising speakers. Chaben discloses an apparatus for processing dry materials, comprising: an electronics section (¶75) that comprises a computer storing a control system that operates an entertainment system comprising speakers (50). Because both these references are concerned with a similar problem, i.e. an apparatus for processing dry materials, it would have been obvious to a person of ordinary skill in the art at the time of the invention to add the entertainment system comprising speakers of Chaben to the apparatus of Dina. In KSR (KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007)) the courts held that combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results. Accordingly a simple addition of the entertainment system comprising speakers of Chaben to the apparatus of Dina will obtain predictable results and is therefore obvious and proper combination of the references is made. The predictable results being a speaker that can play sounds. PNG media_image1.png 494 630 media_image1.png Greyscale Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent No. 10,661,281 discloses a similar apparatus where “various components may comprise metal while other components may comprise plastics and/or rubber” (column 15, line 39 to column 16, line 11). U.S. Patent No. 10,455,984 discloses a grinding apparatus with an electronics section (6). Finally, both U.S. Patent Application Publication No. 2022/0313020 and 2022/0265090 discloses grinding apparatuses with drawers. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew Katcoff whose telephone number is (571)270-1415. The examiner can normally be reached M-Th: 8-4, Fri: Flex. 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, Christopher Templeton can be reached at (571) 270-1477. 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. /Matthew Katcoff/ Primary Examiner, Art Unit 3725 3/19/2026
Read full office action

Prosecution Timeline

Apr 11, 2024
Application Filed
Mar 20, 2026
Non-Final Rejection — §102, §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
69%
Grant Probability
85%
With Interview (+15.7%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 964 resolved cases by this examiner. Grant probability derived from career allow rate.

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