Prosecution Insights
Last updated: September 17, 2026
Application No. 18/707,860

SYSTEMS AND METHODS FOR INCREASING MATERIAL FLUIDITY DURING TRANSIT

Non-Final OA §102
Filed
May 06, 2024
Priority
Oct 21, 2020 — provisional 63/094,671 +1 more
Examiner
HOWELL, MARC C
Art Unit
Tech Center
Assignee
Building Machines Inc.
OA Round
1 (Non-Final)
69%
Grant Probability
Favorable
1-2
OA Rounds
1y 0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
386 granted / 562 resolved
+8.7% vs TC avg
Strong +24% interview lift
Without
With
+24.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
33 currently pending
Career history
583
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
15.4%
-24.6% vs TC avg
§112
27.9%
-12.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 562 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 . Information Disclosure Statement The information disclosure statement (IDS) submitted on 05/06/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 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 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. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ibar (US 6210030, hereinafter Ibar). Regarding claim 1, Ibar discloses a system for increasing fluidity of a shear-thinning material during transit (column 6, lines 48-59), the system comprising: a conveyance configured to transport a shear-thinning material from a material source to a destination (column 7, lines 28-32, “a cavity, the treatment cavity, wherein a molten moldable material can pass into and/or flow through it to be treated”); and an energizer (column 7, lines 46-50, “means for exerting a shear vibration of given frequency and amplitude coupled with fatigue extensional flow on the molten, moldable material contained within the treatment cavity”) coupled to the conveyance, the energizer imparting energy to the shear-thinning material as the shear-thinning material is transported by the conveyance, thereby increasing a fluidity of the shear-thinning material (column 3, lines 20-21). Regarding claim 2, Ibar discloses the conveyance comprises one or more of the group consisting of a pump, a conduit, a conveyor belt, a chute, an auger, a flying bucket and a hopper (see figures 2-6). The cited figures depict various embodiments of a treatment cavity as set forth in Ibar, including pumps and conduits. Regarding claims 3 and 4, Ibar discloses the energizer is configured to impart energy in a localized portion of the conveyance, and at multiple locations along the transport path of the conveyance (figure 6; column 21, line 29-32). As can be seen in the figure, the bumps 12 are oscillated to impart energy to the material. Given the locations of the bumps, a plurality of locations are used, all of which are considered to impart energy at a localized portion as recited. Regarding claim 5, Ibar discloses the energizer is configured to impart the energy to the shear-thinning material via one of the group consisting of mechanical vibrations, electromagnetic waves, and acoustic waves (column 12, lines 54-67). Regarding claim 6, Ibar discloses the energizer comprises a vibrator member which is configured to generate vibrations at a frequency and amplitude, wherein at least one of the frequency and the amplitude is variable (column 12, line 65-column 13, line 1). Regarding claim 7, Ibar discloses the energizer comprises a mechanism selected from the group consisting of an electrically driven rotating eccentric mass, an acoustic wave generator, a hydraulically driven vibrator, and a pneumatically driven vibrator (column 12, lines 63-65, “rotary vibration can be induced by hydraulic, pneumatic, electrical, electromagnetic means and the use of cams, connecting rods, and/or crankshafts”). Regarding claim 8, Ibar discloses the conveyance comprises an enclosure through which the shear-thinning material is transported, the energizer comprising an energy propagation member which is positioned within the enclosure, wherein the energy propagation member is substantially surrounded by the shear-thinning material as the shear-thinning material is transported through the enclosure (see figure 6). As can be seen in figure 6, the conveyance is a cylinder with an energizer contained therein, meeting the claim. Regarding claim 9, Ibar discloses the energizer comprises an enclosure through which the shear-thinning material is transported, the energizer imparting energy to the shear-thinning material as the shear-thinning material is transported through the energizer enclosure (figure 6; column 21, line 29-32). Regarding claim 10, Ibar discloses a controller, wherein the energizer is coupled to the controller, the controller providing one or more control signals to the energizer, the energizer adjusting a rate at which the energy is imparted to the shear-thinning material based on the control signals received from the controller (column 21, lines 48-53). Regarding claim 11, Ibar discloses comprising one or more sensors which are coupled to the controller, the sensors sensing one or more conditions, generating sensor signals corresponding to the sensed one or more conditions, and providing the sensor signals to the controller, wherein the controller is configured to generate the control signals based on the received sensor signals (column 15, lines 44-50). The cited text mentions multiple means for monitoring various aspects of the device and the material. Regarding claims 12 and 13, Ibar discloses the one or more conditions comprise properties of the shear-thinning material (column 18, lines 49-53). The cited text mentions a means for monitoring the temperature of the material, which would be a property of the material, and also meets claim 13. Regarding claims 14 and 15, Ibar discloses the one or more conditions being environmental properties (column 18, lines 49-53). The cited text mentions a means for monitoring the temperature of the material, which would be a property of the material, and also meets claim 15. The material is considered to be part of the broadly-recited environmental properties. Regarding claim 16, Ibar discloses the controller is configured to receive one or more manual inputs from a user, the controller adjusting the control signals based on the received manual inputs (column 13, lines 8-12). Regarding claim 17, Ibar discloses a method for increasing fluidity of a shear-thinning material during transit, the method comprising: transporting a shear-thinning material from a material source to a destination (column 7, lines 28-32, “a cavity, the treatment cavity, wherein a molten moldable material can pass into and/or flow through it to be treated”); and imparting energy to the shear-thinning material during the transporting of the shear-thinning material (column 7, lines 46-50, “means for exerting a shear vibration of given frequency and amplitude coupled with fatigue extensional flow on the molten, moldable material contained within the treatment cavity”), the imparting of the energy increasing a fluidity of the shear-thinning material (column 3, lines 20-21). Regarding claim 18, Ibar discloses the imparting of energy comprises vibrating the shear-thinning material (column 12, lines 54-67). Regarding claims 19 and 20, Ibar discloses the imparting of the energy is performed at a plurality of different locations in a transport path of the shear-thinning material, at least one of the plurality of locations being intermediate to a source end of the transport path and a destination end of the transport path, and wherein at least one of the plurality of locations is at the destination end of the transport path (figure 6; column 21, line 29-32). As can be seen in the figure, the bumps 12 are oscillated to impart energy to the material. Given the locations of the bumps, a plurality of locations are used, both at an intermediate location and at a destination end as recited. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art generally discloses altering the viscosity of a shear-thinning material in a conveyance. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARC C HOWELL whose telephone number is (571)272-9834. The examiner can normally be reached Monday-Friday 8-5. 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. /MARC C HOWELL/Primary Examiner, Art Unit 1774
Read full office action

Prosecution Timeline

May 06, 2024
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
69%
Grant Probability
93%
With Interview (+24.5%)
3y 5m (~1y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 562 resolved cases by this examiner. Grant probability derived from career allowance rate.

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