Prosecution Insights
Last updated: October 21, 2026
Application No. 18/845,837

SYSTEM, METHOD AND DEVICE FOR TREATING A LIQUID

Non-Final OA §102§112
Filed
Sep 10, 2024
Priority
Mar 11, 2021 — AU 2021900704 +1 more
Examiner
KIM, SUN U
Art Unit
1772
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ellen Medical Devices Pty Ltd.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
772 granted / 987 resolved
+13.2% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
52 currently pending
Career history
1031
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 987 resolved cases

Office Action

§102 §112
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 Objections Claims 1 and 23 are objected to because of the following informalities: -Claim 1, Line 5: Between “a” and “liquid”, “first” should be inserted. -Claim 23, Line 4: “mains” should be corrected to “main”. Appropriate correction is required. 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. Claim 21 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Recitation of “the first temperature sensor” in line 2 lacks a positive antecedent basis. 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. Claims 1, 7, 16, 18, 23, 25, 34 and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent No. 4,879,041 to Kurokawa et al. (hereinafter “Kurokawa”). Regarding claims 1 and 38, Kurokawa discloses (Abstract; Fig. 1; col. 13, line 51 – col. 14, line 23), a multistage treatment system for a liquid, the system comprising: a first stage comprising a first boiling vessel (2) and a first heater (110) configured to boil the liquid in the first boiling vessel at a first pressure, the first pressure being greater than ambient pressure, such that the boiling liquid generates vapour e.g. carbon dioxide including volatile contaminants, a first vapour outlet (112) configured to vent the vapour from the first boiling vessel (2), and a first liquid outlet (114) for fluid flow from the first boiling vessel (2) to a subsequent stage; a second stage comprising a second boiling vessel (1) having a liquid inlet to receive liquid from the first liquid outlet (114) and a second heater (108) to boil liquid in the second boiling vessel (1) to generate vapour, the vapour being output via a second vapour outlet (102) in the second boiling vessel (1); a condenser (113) to receive the vapour from the second vapour outlet and condense the vapour to a liquid that is treated, and a primary outlet (104) configured to dispense treated liquid . Regarding claim 7, Kurokawa discloses the first stage includes an implicit first fluid supply device (111) for drawing the liquid from a source and supplying liquid to the first boiling vessel (2)(see Fig. 2; col. 13, lines 61-63). Regarding claim 16, Kurokawa discloses that the first stage includes a degas module (4) and the second stage includes an evaporator module (3), the evaporator module being in fluid communication with the degas module via a second fluid supply device (106) such that the second fluid supply device draws the liquid from the first boiling vessel (4) to the second boiling vessel (3)(see Fig. 5; col. 15, line 59 – col. 6, line 33). Regarding claim 18, Kurokawa discloses implicit third fluid supply device (104) in fluid communication with the second boiling vessel (4) and configured to move liquid and contaminants from the second boiling vessel (4) at specific intervals (see Fig. 5). Regarding claim 23, Kurokawa discloses that the system is inherently powered by main power supply as operation of pumps and heaters depends on power supply (see Fig. 2). Regarding claim 25, Kurokawa discloses a first pump (301) and a second pump (106) (see Fig. 5). Regarding claim 34, Kurokawa discloses that the system is configured to provide a continuous flow process in which treated liquid is dispensed concurrently while liquid is being processed in the first and second stages (see Fig. 5). Claims 1, 7, 16, 18, 20, 23, 25, 34 and 38 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by European Patent Application No. 0244079 A2 to Leschke et al. (hereinafter “Leschke”). Regarding claims 1 and 38, Leschke discloses a multistage treatment system for a liquid (see Fig. 1; page 5, line 42 – page , the system comprising: -a first stage comprising a first boiling vessel (32,34,36) and a first heater (steam line 44 around coil 38) configured to boil the liquid in the first boiling vessel at a first pressure, the first pressure being greater than ambient pressure, such that the boiling liquid generates vapour including volatile contaminants, a first vapour outlet (58) configured to vent the vapour from the first boiling vessel, and a first liquid outlet (60) for fluid flow from the first boiling vessel to a subsequent stage; -a second stage comprising a second boiling vessel (74,76,88) having a liquid inlet (72) to receive liquid from the first liquid outlet (60) and a second heater (steam line 90 around coil 84) to boil liquid in the second boiling vessel to generate vapour, the vapour being output via a second vapour outlet (102) in the second boiling vessel; -a condenser (not shown but implicit for condensing vapour stream leading to outlet 108) to receive the vapour from the second vapour outlet and condense the vapour to a liquid that is treated, and -a primary outlet (downstream 108) configured to dispense treated liquid. Regarding claim 7, Leschke discloses the first stage includes a first fluid supply device (24) for drawing the liquid from a source and supplying liquid to the first boiling vessel (32,34,36) (see Fig. 1; page 5, lines 47-49). Regarding claim 16, Leschke discloses that the first stage includes a degas module (36) and the second stage includes an evaporator module (74), the evaporator module being in fluid communication with the degas module via a second fluid supply device (64) such that the second fluid supply device draws the liquid from the first boiling vessel (36) to the second boiling vessel (78)(see Fig. 1). Regarding claim 18, Leschke discloses a third fluid supply device (80) in fluid communication with the second boiling vessel (78) and configured to move liquid and contaminants from the second boiling vessel (78) at specific intervals (see Fig. 1). Regarding claim 20, Leschke discloses the evaporator module (36) includes one or more evaporator liquid sensors (61) i.e. a level controller and wherein one of the evaporator liquid sensors is positioned to detect when the second heater is immersed in the liquid (see Fig. 1). Regarding claim 23, Leschke discloses that the system is inherently powered by main power supply as operation of pumps and heaters depends on power supply (see Fig. 1). Regarding claim 25, Leschke discloses a first pump (24) and a second pump (64) (see Fig. 1). Regarding claim 34, Leschke discloses that the system is configured to provide a continuous flow process in which treated liquid is dispensed concurrently while liquid is being processed in the first and second stages (see Fig. 1). Allowable Subject Matter Claims 2, 14-15, 27-28, 32, 35-37 and 39 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 21 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KIM whose telephone number is (571)272-1142. The examiner can normally be reached Maxi Flex. 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, INSUK BULLOCK can be reached at 571-272-5954. 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. /John Kim/Primary Examiner, Art Unit 1772 JK 10/10/26
Read full office action

Prosecution Timeline

Sep 10, 2024
Application Filed
Oct 14, 2026
Non-Final Rejection mailed — §102, §112 (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
78%
Grant Probability
90%
With Interview (+11.6%)
2y 9m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 987 resolved cases by this examiner. Grant probability derived from career allowance rate.

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