Prosecution Insights
Last updated: April 19, 2026
Application No. 18/789,130

FACIAL BATHING ASSEMBLY

Non-Final OA §102§112
Filed
Jul 30, 2024
Examiner
KLOTZ, WILLIAM R
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
The FaceTub LLC
OA Round
1 (Non-Final)
39%
Grant Probability
At Risk
1-2
OA Rounds
3y 6m
To Grant
95%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allow Rate
103 granted / 265 resolved
-31.1% vs TC avg
Strong +56% interview lift
Without
With
+55.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
34 currently pending
Career history
299
Total Applications
across all art units

Statute-Specific Performance

§103
45.2%
+5.2% vs TC avg
§102
27.2%
-12.8% vs TC avg
§112
25.6%
-14.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 265 resolved cases

Office Action

§102 §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 . Information Disclosure Statement The information disclosure statement (IDS) was submitted on 11/27/2024. The submission 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 § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim(s) 1-9 is/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 pre-AIA the applicant regards as the invention. Claim 1 recites “the concave top surface” in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the concave top surface” is interpreted to read --the concave top side--. Claim 1 recites “the first inlet/outlet” in lines 12-13. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the first inlet/outlet” is interpreted to read --the at least one inlet or outlet--. Claim 1 recites “the first coupling end” in line 15. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the first coupling end” is interpreted to read --the coupling end--. Claim 3 recites “the coupling element” in line 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the coupling element” is interpreted to read --the coupling device--. Claim 4 recites “the intake/exhaust orifice” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the intake/exhaust orifice” is interpreted to read --an intake or exhaust orifice--. Claim 5 recites “the top surface” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the top surface” is interpreted to read --the concave top side--. Claim 5 recites “the second inlet/outlet” in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, “the second inlet/outlet” is interpreted to read --a second inlet or outlet--. Claim 6 recites “a bottom side” in line 2. It is unclear if this language is referring to the bottom side recited in claim 1, line 3, or an additional bottom side. For examination purposes, “a bottom side” is interpreted to read --the bottom side--. Claim 7 recites “a receiving element” in line 2. It is unclear if this language is referring to the receiving element recited in claim 1, line 4, or an additional receiving element. For examination purposes, “a receiving element” is interpreted to read --the receiving element--. Claim 8 recites “a coupling device” in line 2. It is unclear if this language is referring to the coupling device recited in claim 1, line 6, or an additional coupling device. For examination purposes, “a coupling device” is interpreted to read --the coupling device--. Any remaining dependent claim(s) are indefinite insofar as they depend on a rejected base claim. 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. Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor (US 10667991). Regarding claim 1, Taylor discloses a facial basin assembly comprising: a basin (200, 200a, 200b, 230) with a concave top side (200a) capable of retaining a liquid (101), wherein the concave top side has an interior surface (203) and is opposite a bottom side (200b); a receiving element (470) disposed proximate to a ledge (225) that is circumferentially disposed about the interior surface (see Fig. 2G, 3B, and 4A); a coupling device (420, 430) removably inserted into the receiving element (see Fig. 4G-H); wherein the coupling device comprises: a body (430) defining, in part, an airflow pathway (pathway of 430) and at least one inlet/outlet (431), wherein the airflow pathway is adapted to exhaust air proximate to the bottom side of the basin (col. 56, ll. 2-13); and a first airflow conduit (420) having a tubular body (body of 420) disposed near the concave top surface (see Fig. 4A and 4G-H), the first airflow conduit having a first proximate end (422) coupled to the first inlet/outlet (see Fig. 4A and 4G-H) and a first distal end (421) coupled to a mouthpiece (401, 403) at a coupling end (405), wherein the mouthpiece comprises a body (body of 401, 403) defining an air flow passage (air flow passage of 401, 403) from an engagement end (end of 403) to at least the first coupling end (see Fig. 4A). Regarding claim 2, Taylor discloses the body of the coupling device is of a unitary construction (see Fig. 4K). Regarding claim 3, Taylor discloses the coupling element comprises at least one slotted groove (groove near 437 and 439) adapted to receive a corresponding protrusion (471, 473) of the receiving element. Regarding claim 4, Taylor discloses the coupling device further comprises a second inlet/outlet (inlet 431 of the left one of 430) in fluidic connection with the intake/exhaust orifice (exhaust orifice 431 of the left one of 430), and the second inlet/outlet opposite the first inlet/outlet (see Fig. 4A and 4C). Regarding claim 5, Taylor discloses a second airflow conduit (left one of 420) having a second tubular body (body of 420) disposed within the top surface (see Fig. 2H, 4A, and 4G-H) is coupled to the second inlet/outlet (inlet 431 of the left one of 430) at a second proximate end (left one of 422), and a distal end (421 of left one of 420) of the second airflow conduit is coupled to the mouthpiece at a second coupling end (left one of 405) opposite the first coupling end (see Fig. 2H and 4A). Regarding claim 6, Taylor discloses the basin further comprises a sidewall (205-206, 230) having a base portion (230) and a curved portion (205-206) such that air can transfer from a bottom side of the basin to the environment (air can transfer from 200B to the exterior environment; see Fig. 2G, 3A, and 4C). Regarding claim 7, Taylor discloses the coupling device couples to the bottom side of the basin at a receiving element (470; see Fig. 2G, 4A, and 4G-H). Regarding claim 8, Taylor discloses the receiving element comprises at least one protrusion (471, 473) corresponding to at least one slot (slot near 437 and 439) of a coupling device (430). Regarding claim 9, Taylor discloses a plurality of support elements (509, 512) disposed on a bottom convex surface (501). Conclusion The prior art made of record in the PTO-892 form and not relied upon is considered pertinent to applicant's disclosure. Taylor (US 20250262122) is directed to the state of the art as disclosing methods, systems, and/or devices for thermal treatments including a mouth piece (1705), members (1701, 1703), apertures (1709), a shell (106), and a cutout region (205). Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM. 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, David P Angwin can be reached at (571)270-3735. 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. WILLIAM R. KLOTZ Examiner Art Unit 3754 /DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
Read full office action

Prosecution Timeline

Jul 30, 2024
Application Filed
Jan 05, 2026
Non-Final Rejection — §102, §112 (current)

Precedent Cases

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2y 5m to grant Granted Sep 02, 2025
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
39%
Grant Probability
95%
With Interview (+55.7%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 265 resolved cases by this examiner. Grant probability derived from career allow rate.

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