Prosecution Insights
Last updated: August 06, 2026
Application No. 18/763,196

PIERCING NOZZLE SYSTEM, DEVICE AND METHOD

Final Rejection §102
Filed
Jul 03, 2024
Priority
Nov 19, 2021 — CIP of 12/054,334 +1 more
Examiner
CARROLL, JEREMY W
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Red Devil Inc.
OA Round
2 (Final)
75%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
87%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
527 granted / 705 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
33 currently pending
Career history
737
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
43.1%
+3.1% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
27.1%
-12.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 705 resolved cases

Office Action

§102
lDETAILED 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) 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Walch (US 6564970 B1). Claim 1. Walch discloses a nozzle end wall (17 or 3), and a nozzle sidewall (16) extending from the nozzle end wall, the nozzle end wall and the nozzle sidewall defining a nozzle cavity (inside of 16), the nozzle cavity being configured to receive a first end of the collapsible package (12; FIG 3); one or more piercing projections (6) extending into the nozzle cavity; and a retaining wall (5) extending from the nozzle end wall and into the nozzle cavity; wherein the one or more piercing projections (6-8) being located within an interior space defined by the retaining wall. Claim 2, Walch discloses wherein the retaining wall (5; FIG 1-3) is a continuous circular wall that encloses the one or more piercing projections (6-8). Claim 3, Walch discloses wherein the retaining wall extends from the nozzle end wall at a distance that is less than a distance the nozzle sidewall extends from the nozzle end wall (16, 5; FIG 3). Claim 4, Walch discloses a male member (2) extending from the nozzle end wall in a direction opposite the nozzle sidewall. Claim 5, Walch discloses wherein the male member (2) defines a male member bore (FIG 3) defined therethrough and in fluid communication with the nozzle cavity. Claim 6, Walch discloses wherein the male member bore (inside of 2) is defined at a male member angle that converges in a direction from the nozzle end wall (FIG 3). Claim 7, Walch discloses wherein the male member (2) includes a first section extending from the nozzle end wall, and a second section extending from the first section (FIG 3), the first section including a first section bore defined therethrough and in fluid communication with the nozzle cavity, the second section including a second section bore defined therethrough and in fluid communication with the first section bore. Claim 8, Walch discloses wherein the first section bore is defined at a first section angle (bottom of 2 is tapered at a first angle) that converges in a direction from the nozzle end wall, and the second section bore is defined at a second section angle (top of 2 extends from first section at a second angle) that converges in a direction from the first section. Claim 9, Walch discloses wherein the first section angle and the second section angle are different from each other (2; FIG 3). Claim 10, Walch discloses wherein the second section has a width or diameter less than a width or diameter of the first section, thereby creating a transition section therebetween (transition is on 2 where first and second section join; FIG 3). Claim 11, Walch discloses wherein the second section extends from the transition section, and wherein the first section bore is defined at a first section angle that converges in a direction from the nozzle end wall, and the second section bore is defined at a second section angle that converges in a direction from the transition section (first and second section join at transition section on 2 at different angles; FIG 3). Claim 12, Walch discloses wherein the first section angle and the second section angle are different from each other (FIG 3). Claim 13, Walch discloses wherein the one or more piercing projections is a plurality of piercing projections (6-8; FIG 2-3) that are radially arranged. Claim 14, Walch discloses wherein the plurality of piercing projections each includes a piercing wall featuring an interior surface, an exterior surface facing the retaining wall, and angled edges that converge toward each other to form a piercing tip (6-8; FIG 2-3). Claim 15, Walch discloses wherein the plurality of piercing projections each further includes a support member (9) connecting the piercing wall to the nozzle end wall. Claim 16, Walch discloses wherein the piercing wall has an arcuate lateral profile (Col 3, lines 25-29). Claim 17, Walch discloses wherein the interior surface of the piercing wall is aligned and flush with an interior surface of the first section that defines the first section bore (2, 6; FIG 3). Claim 18, Walch discloses wherein the interior surface of the piercing wall extends away from the nozzle end wall at a piercing angle that diverges in a direction from the nozzle end wall (Col 3, lines 30-31; Lines FIG 3). Claim 19, Walch discloses wherein the nozzle end wall includes a ledge (18 or edge of 3; FIG 3 and 1) that extends from a perimeter of the nozzle sidewall at a location where the nozzle sidewall transitions or extends from the nozzle end wall. Claim 20, Walch discloses a nozzle end wall (17 or 3), and a nozzle sidewall (16) extending from the nozzle end wall, the nozzle end wall and the nozzle sidewall defining a nozzle cavity (inside of 16), the nozzle cavity being configured to receive a first end of the collapsible package (12; FIG 3); a male member (2) including a male member bore defined therethrough and in fluid communication with the nozzle cavity; piercing projections (6-8) extending from the nozzle end wall and into the nozzle cavity, the piercing projections each includes a piercing wall featuring an interior surface, an exterior surface, angled edges that converge toward each other to form a piercing tip, and a support member connecting the piercing wall to the nozzle end wall; and a retaining wall (5) extending from the nozzle end wall and into the nozzle cavity, the retaining wall being a continuous circular wall that encloses the piercing projections so that the piercing projections are located within an interior space defined by the retaining wall; wherein the interior surface of the piercing wall (6; FIG 3) is aligned and flush with an interior surface of the male member that defines the male member bore (2). Conclusion 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

Jul 03, 2024
Application Filed
Apr 16, 2026
Non-Final Rejection mailed — §102
May 22, 2026
Response Filed
Aug 04, 2026
Final Rejection mailed — §102 (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

3-4
Expected OA Rounds
75%
Grant Probability
87%
With Interview (+12.3%)
2y 2m (~1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 705 resolved cases by this examiner. Grant probability derived from career allowance rate.

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