Prosecution Insights
Last updated: July 17, 2026
Application No. 18/814,343

DEVICE FOR DETERMINING A RHEOLOGICAL PROPERTY OF A SUSPENSION OF MATERIAL COMPRISING FIBERS FOR PRODUCING CONTAINERS

Non-Final OA §102§103
Filed
Aug 23, 2024
Priority
Aug 28, 2023 — DE 10 2023 123 081.6
Examiner
CULLER, JILL E
Art Unit
Tech Center
Assignee
Krones AG
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
1y 3m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
491 granted / 855 resolved
-2.6% vs TC avg
Moderate +14% lift
Without
With
+13.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
34 currently pending
Career history
892
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
90.0%
+50.0% vs TC avg
§102
4.9%
-35.1% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 855 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 . 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. Claim(s) 1-6 and 8-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kalle. (US 2,946,873) With respect to claim 1, Kalle teaches a device (viscosity meter) for determining a rheological property of a suspension of material comprising fibers for producing containers, comprising a tank (vertical tube 15) for storing the suspension of material comprising fibers and a control unit, wherein the tank comprises a stirring device (rotary member 3) for stirring the suspension of material comprising fibers and the control unit is designed to determine a rheological property of the suspension of material comprising fibers based on an interaction between the stirring device and the suspension of material comprising fibers. (col. 2, lines 16-69, Fig. 1) With respect to claim 8, Kalle teaches a method for determining a rheological property of a suspension of material comprising fibers for producing containers, wherein the suspension of material comprising fibers is stored in a tank (vertical tube 15) and stirred in the tank by means of a stirring device (rotary member 3), wherein a rheological property of the suspension of material comprising fibers is determined by means of a control unit based on an interaction between the stirring device and the suspension of material comprising fibers. (col. 2, lines 16-69, Fig. 1) With respect to claims 2 and 9, Kalle teaches wherein the rheological property is a viscosity of the suspension of material comprising fibers. (col. 2, lines 16-69) With respect to claims 3 and 10, Kalle teaches wherein the interaction is a torque, a power consumption or a current consumption which must be applied by the stirring device in order to achieve a certain speed of the stirring device when stirring the suspension and/or a speed of the stirring device which can be achieved with a given torque, a given power consumption or a given current consumption. (col. 3, lines 45-49) With respect to claims 4 and 11, Kalle teaches wherein the control unit is designed to determine a change in the rheological property within a certain time interval. (col. 3, lines 12-54) With respect to claims 5 and 12, Kalle teaches wherein the control unit is designed to determine an equilibrium value of the rheological property of the suspension of material comprising fibers when the change in the rheological property within the certain time interval is below a first threshold value. (col. 3, lines 12-54) With respect to claims 6 and 13, Kalle teaches wherein a solid content and/or a liquid content of the suspension of material comprising fibers can be changed if the equilibrium value deviates from a target value by at least a second threshold value. (col. 3, lines 12-54) Claim Rejections - 35 USC § 103 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 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) 7 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kalle in view of Andersen et al. (CA 2202869, hereafter Andersen) With respect to claims 7 and 14, Kalle teaches all that is claimed, as in the above rejection, except for an apparatus for producing a container, wherein the tank is connected to the apparatus for producing the container via a discharge line and the suspension of material comprising fibers can be fed to the apparatus for producing the container when the equilibrium value deviates from a target value by less than a second threshold value. Andersen teaches an apparatus for producing a container from a suspension of material comprising fibers having a tank (mixing tank 20, storage mixer 34) connected to the apparatus for producing the container via a discharge line so that the suspension of material comprising fibers can be fed to the apparatus for producing the container when the equilibrium value deviates from a target value by less than a particular value. (Abstract, page 9, lines 19-28, page 11, lines 8-28, pages 70-72) It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the device of Kalle with an apparatus for producing a container, as taught by Andersen, in order to provide a material having known and consistent properties for making optimal containers. With respect to claim 15, Kalle, as modified by Andersen, teaches wherein the discharge line comprises a pumping device for conveying the suspension of material comprising fibers from the tank to the apparatus for producing the container, and the rheological property of the suspension of material comprising fibers in the discharge line is determined for quality control by means of an energy consumption of the pumping device and/or wherein the discharge line comprises a sensor and the rheological property of the suspension of material comprising fibers in the discharge line is determined for quality control by means of the sensor. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. EP 1712890, US 5,600,058 and US 7,347,107 each teach an invention having similarities to the claimed subject matter. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00. 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, Stephen Meier can be reached at 571-272-2149. 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. /JILL E CULLER/Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Aug 23, 2024
Application Filed
Jul 01, 2026
Non-Final Rejection mailed — §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
57%
Grant Probability
71%
With Interview (+13.7%)
3y 2m (~1y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 855 resolved cases by this examiner. Grant probability derived from career allowance rate.

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