Prosecution Insights
Last updated: October 02, 2026
Application No. 18/749,737

BULK DISPENSING DEVICE FOR SEALING COMPOUNDS

Final Rejection §102§103
Filed
Jun 21, 2024
Priority
Jun 22, 2023 — IN 202311041666
Examiner
CARROLL, JEREMY W
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Emerson Electric Co.
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
534 granted / 714 resolved
+4.8% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 2m
Avg Prosecution
34 currently pending
Career history
740
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
43.6%
+3.6% vs TC avg
§102
20.9%
-19.1% vs TC avg
§112
26.7%
-13.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 714 resolved cases

Office Action

§102 §103
DETAILED ACTION 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)(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, 3-5, 7, 9-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Anderson (US 4366919). Claim 1, Anderson discloses a container having a first chamber for holding a first component (FIG 7; chamber limited by wall 57) and a second chamber for holding a second component (FIG 7; chamber limited by walls 57 and 58), wherein the first chamber is fluidly isolated from the second chamber (FIG 7), and wherein the first chamber and second chamber are secured to and laterally adjacent to one another (FIG 7 and 8; the first and second chamber share wall 57 thereby being secured and laterally adjacent to each other); an injector configured to receive the container (FIG 9), the injector including a first plunger and a second plunger wherein the first plunger aligns with the first chamber and the second chamber aligns with the second plunger when the container is positioned in the injector (121,123; FIG 11; Col 9, lines 8-22); and a nozzle configured to engage a distal end of the container, the nozzle positioned to fluidly communicate with the first chamber and the second chamber when attached to the container (FIG 9; Col 8, lines 49-68), the nozzle having an internal labyrinth passage configured to fluidly connect to the first chamber and the second chamber (69; FIG 9; Col 8, lines 49-68), wherein actuation of the injector causes the first plunger and the second plunger to force the first component and the second component out of the container and into the nozzle wherein the first component and the second component are mixed to form the expandable sealant for injection into the electrical fitting (Col 9, lines 1-7). Claims 3 and 9, Anderson discloses the injector comprising a trigger (144, 161; FIG 11, 13) for actuating the first plunger and the second plunger (Col 9, line 57 to Col 10, line 3; Col 10, lines 37-62). Claims 4 and 10, Anderson discloses wherein the trigger (144, 161; FIG 11, 13) is indexed to incrementally displace the first plunger and the second plunger (Col 9, line 57 to Col 10, line 3; Col 10, lines 37-62). Claims 5 and 11, Anderson discloses a cap (61; FIG 7) configured to engage the container to seal both the first chamber and the second chamber when the nozzle is disconnected from the container. Claim 7, Anderson discloses attaching the container to an injector (FIG 9), the injector including a first plunger and a second plunger wherein the first plunger aligns with the first chamber and the second plunger aligns with the second chamber when the container is positioned in the injector (121,123; FIG 11; Col 9, lines 8-22), and wherein the first chamber and second chamber are secured to and laterally adjacent to one another (FIG 7 and 8; the first and second chamber share wall 57 thereby being secured and laterally adjacent to each other); attaching a nozzle to a distal end of the container, the nozzle positioned to fluidly communicate with the first chamber and the second chamber when attached to the container (FIG 9; Col 8, lines 49-68), the nozzle having an internal labyrinth passage configured to fluidly connect to the first chamber and the second chamber (69; FIG 9; Col 8, lines 49-68); and actuating the injector to cause the first plunger and the second plunger to force the first component and the second component out of the container and into the nozzle wherein the first component and the second component are mixed to form an expandable sealant for injection into an electrical fitting used in a hazardous or harsh environment (Col 9, lines 1-7). 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) 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson as applied to claims 1 and 7 above. Claims 6 and 12, Anderson substantially discloses the apparatus as claimed above but is silent on a first valve attached to the first chamber and a second valve attached to the second chamber, the first valve and the second valve configured to be normally closed and to open when the first chamber and the second chamber, respectively, reach a predetermined internal pressure. Anderson teaches a first valve attached to the first chamber and a second valve attached to the second chamber, the first valve and the second valve configured to be normally closed and to open when the first chamber and the second chamber, respectively, reach a predetermined internal pressure (48-50; FIG 6; Col 7, lines 34 to 61). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Anderson with first and second valve as taught by Anderson in order to limit after-flow or drainage of compositions from the ends of the neck passageways. Response to Arguments Applicant's arguments filed 6/9/2026 have been fully considered but they are not persuasive. The applicant’s argument regarding the newly amended claims are addressed in the rejection above. Conclusion 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY W CARROLL whose telephone number is (571)272-4988. The examiner can normally be reached M-F 8 AM - 5 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, Paul Durand can be reached at (571) 272-4459. 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. JEREMY W. CARROLL Primary Examiner Art Unit 3754 /Jeremy Carroll/ Primary Examiner, Art Unit 3754
Read full office action

Prosecution Timeline

Jun 21, 2024
Application Filed
Jan 09, 2026
Non-Final Rejection mailed — §102, §103
Jun 09, 2026
Response Filed
Aug 19, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12740664
CONTAINER CAPABLE OF DISPLAYING INFORMATION
2y 4m to grant Granted Sep 22, 2026
Patent 12735309
WATER SUPPLY DEVICE
2y 4m to grant Granted Sep 15, 2026
Patent 12728437
MULTI-CARTRIDGE DRAIN GUNS, ACCESSORIES THEREFOR, AND METHODS OF USE AND MANUFACTURE THEREOF
3y 0m to grant Granted Sep 08, 2026
Patent 12722156
CONTAINER AND CONTAINER ARRANGEMENT FOR LIQUID TO BE DISPENSED
2y 2m to grant Granted Sep 01, 2026
Patent 12727089
DISPENSER AND LIFTING DEVICE OF DISPENSER
1y 10m to grant Granted Sep 01, 2026
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
75%
Grant Probability
87%
With Interview (+12.3%)
2y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 714 resolved cases by this examiner. Grant probability derived from career allowance rate.

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