Prosecution Insights
Last updated: August 15, 2026
Application No. 18/878,142

SYSTEM AND METHOD FOR DISPENSING A CONSUMABLE MATERIAL

Non-Final OA §102§103
Filed
Dec 23, 2024
Priority
Jun 30, 2022 — AU 2022901852 +1 more
Examiner
CHEYNEY, CHARLES
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Breville Pty Limited
OA Round
1 (Non-Final)
57%
Grant Probability
Moderate
1-2
OA Rounds
10m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allowance Rate
456 granted / 804 resolved
-13.3% vs TC avg
Strong +42% interview lift
Without
With
+42.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
50 currently pending
Career history
850
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
57.5%
+17.5% vs TC avg
§102
22.2%
-17.8% vs TC avg
§112
15.2%
-24.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 804 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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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, 4, 6, 8, 9, and 15-17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wensbo Posaric (US 2024/0262675 A1 herein after Posaric). Re: Claim 1, Posaric discloses the claimed invention including a system (1000) for dispensing a consumable material, the system comprising: a dispenser (200) to dispense the consumable material into a receptacle (Figs. 6); a receptacle sensor (300) configured to emit a signal and receive a reflected signal from the receptacle being movable relative to the receptacle (Fig. 6, Para. 41, sensor may be a lidar that inherently sends out a signal and receives a reflection), a motor (100, M) operatively connected to the receptacle sensor to move the receptacle sensor relative to the receptacle (Fig. 6, Para. 33, motor for sensor movement); a controller (600) configured to determine a physical parameter of the receptacle based on the reflected signal and an operational parameter of the motor (Para. 33, 36, controller determining a physical parameter and an operational parameter); wherein the dispenser dispenses the consumable material into the receptacle based on the physical parameter (Col. 4 & 5, lines 63-67 & 1-3, dispenses based on parameter). Re: Claim 4, Posaric discloses the claimed invention including the receptacle sensor moves along a shaft (100) connected to the motor (Fig. 6). Re: Claim 6, Posaric discloses the claimed invention including the operational parameter of the motor is a number of the steps of the motor (Posaric: Para. 33, stepper motor, step controlled). Re: Claim 8, Posaric discloses the claimed invention including the receptacle sensor is an infrared, ultrasonic, time-of-flight or LIDAR sensor (Posaric: Para. 41, lidar, ir, or ultrasonic). Re: Claim 9, Posaric discloses the claimed invention including the receptacle sensor (300) and the dispenser (210) are located in a sensor carriage (200) that is movable relative to the receptacle (Fig. 6). Re: Claim 15, the device Posaric as evidenced in the rejection of claim 1 above is capable of performing the method steps recited in this claim. Re: Claim 16, the device of Kim as modified by Posaric in the rejection of claims 5 and 6 above is capable of performing the method steps recited in this claim. Re: Claim 17, the device Posaric as evidenced in the rejection of claim 1 above is capable of performing the method steps of calculating a displacement of the receptacle sensor based on the operational parameter of the motor (Posaric: Para. 43, determines displacement due to actuation of the motor). 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) 1-8, 15-20, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US Patent No. 8,443,614), and further in view of Wensbo Posaric (US 2024/0262675 A1 herein after Posaric). Re: Claim 1, Kim discloses the claimed invention including a system for dispensing a consumable material, the system comprising: a dispenser (20) to dispense the consumable material into a receptacle (Figs. 1-3); a receptacle sensor (30) being movable relative to the receptacle (Fig. 4) except for expressly stating configured to emit a signal and receive a reflected signal from the receptacle However, Posaric teaches the art recognized equivalence between the capacitive sensor taught by Kim and a one that sends and receives a signal (Para. 41, capacitive or ultrasonic or lidar sensors may be employed); It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a sensor that sends a signal and receives the reflected signal as taught by Posaric, since Posaric teaches the equivalence of capacitive and lidar/ultrasonic for their use in the dispensing art and the selection of any of these known equivalents to sense would be within the level of ordinary skill in the art. a motor (45) operatively connected to the receptacle sensor to move the receptacle sensor relative to the receptacle (Fig. 4, Col. 4, lines 49-51, motor for sensor movement); a controller (32) configured to determine a physical parameter of the receptacle based on the reflected signal (Col. 4, lines 62-67, controller determining a physical parameter) except for an operational parameter of the motor. However, Posaric teaches employed a stepper motor for precise control by the controller such that the controller knows the rotational position of the motor (Para. 33, stepper motor control). It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a stepper motor for parameter control as taught by Posaric, since such a modification is known in the art to provide precise positioning, high reliability, simple control, and cost-effective operation. wherein the dispenser dispenses the consumable material into the receptacle based on the physical parameter (Col. 4 & 5, lines 63-67 & 1-3, dispenses based on parameter). Re: Claim 2, Kim discloses the claimed invention including a quantity of the consumable material dispensed by the dispenser is based on the physical parameter of the receptacle (Col. 4 & 5, lines 63-67 & 1-3, dispenses based on parameter). Re: Claim 3, Kim discloses the claimed invention including the dispenser comprises a sensor to determine a level of the dispensed consumable material in the receptacle (Col. 5, lines 1-3, sensor senses level of material in receptacle). Re: Claim 4, Kim discloses the claimed invention including the dispenser dispenses a quantity of the consumable material into the receptacle based on the level of the dispensed consumable material in the receptacle (Col. 5, lines 1-3, sensor senses level of material, and continues to dispense base on a height such that if the receptacle has material already it will dispense on top till reaching the set amount). Re: Claim 5, Kim discloses the claimed invention including the receptacle sensor moves along a shaft (43, 44) connected to the motor (Fig. 4-5). Re: Claim 6, Kim as modified by Posaric in the rejection of claim 1 above discloses the claimed invention including the operational parameter of the motor is a number of the steps of the motor (Posaric: Para. 33, stepper motor, step controlled). Re: Claim 7, Kim discloses the claimed invention including the physical parameter of the receptacle is a height of the receptacle (Col. 5, lines 29-34, height of vessel obtained). Re: Claim 8, Kim as modified by Posaric in the rejection of claim 1 above discloses the claimed invention including the receptacle sensor is an infrared, ultrasonic, time-of-flight or LIDAR sensor (Posaric: Para. 41, lidar, ir, or ultrasonic). Re: Claim 15, the device of Kim as modified by Posaric in the rejection of claim 1 above is capable of performing the method steps recited in this claim Re: Claim 16, the device of Kim as modified by Posaric in the rejection of claims 5 and 6 above is capable of performing the method steps recited in this claim. Re: Claim 17, the device of Kim as modified by Posaric in the rejection of claim 1 above is capable of performing the method steps of calculating a displacement of the receptacle sensor based on the operational parameter of the motor (Posaric: Para. 43, determines displacement due to actuation of the motor). Re: Claim 19, the device of Kim as modified by Posaric in the rejection of claims 3 and 4 above is capable of performing the method steps recited in this claim. Re: Claim 20, the device of Kim as modified by Posaric in the rejection of claim 1 above is capable of performing the method steps of determining the physical parameter of the receptacle includes moving the receptacle sensor along a shaft connected to the motor (Fig. 11, Col. 5, lines 15-45, moves along shaft); determining a reflective value of the reflected signal; calculating, based on the reflective value (Fig. 11, Col. 5, lines 15-45, based on a reflective value), a distance from the surface from which the signal is reflected (Fig. 11, Col. 5, lines 15-45, the distance); monitoring a change in the distance to sense an edge of the receptacle (Fig. 11, Col. 5, lines 15-45, along the length to an edge); recording, by a controller, the distance when the change in the distance is sensed; calculating, by the controller, the physical parameter of the receptacle based on the recorded distance (Fig. 11, Col. 5, lines 15-45, calculating the physical parameter). Re: Claim 22, the device of Kim as modified by Posaric in the rejection of claim 1 above discloses a computer-readable storage medium comprising instructions which, when executed by a controller, cause the controller to carry out the method of claim 15 (Fig. 11, shows instructions and Col. 5, lines 15-45, controller implementing, inherently instructions executed by a controller has to be saved in some form of computer readable medium). Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US Patent No. 8,443,614) and Wensbo Posaric (US 2024/0262675 A1 herein after Posaric) as applied to claim 1 above, and further in view of Shibata (JP 2018/115003 A, using the translation filed on 12/23/2024 by the Applicant). Re: Claims 10 and 11, Kim discloses the claimed invention except for an anti-condensation module. However, Shibata teaches an anti-condensation module with an outlet (30) through which air is blown (Para. 52, air is blown by sensor to prevent condensation). It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include an anti-condensation module as taught by Shibata, since Shibata states in para. 17 that such a modification makes it is possible to effectively prevent malfunction of the sensor due to condensation, and it is possible to secure reliability of the sensor detection. Claim(s) 13 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US Patent No. 8,443,614) and Wensbo Posaric (US 2024/0262675 A1 herein after Posaric) as applied to claim 1 above, and further in view of Yang (US 2020/0255276 A1). Re: Claim 13, Kim discloses the claimed invention except for determining the center. However, Yang teaches a controller is configured to determine a center of the receptacle based on the reflected signal (Para. 29, determines if receptacle is center). It would have been obvious to one having ordinary skill in the art at the time of the effective filing date to include a centering as taught by Yang, since Yang states in para. 29 that such a modification allows the system to disable a dispensing operation such that a mess doesn’t or the receptable tips due to poor placement under the dispensing outlet. Re: Claim 21, the device of Kim as modified by Yang in the rejection of claim 13 above is capable of performing the method steps recited in this claim. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References cited on the PTO-892 are cited disclosing additional examples of dispensers with sensing units. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 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. /CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754
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Prosecution Timeline

Dec 23, 2024
Application Filed
Jul 02, 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
99%
With Interview (+42.5%)
2y 6m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 804 resolved cases by this examiner. Grant probability derived from career allowance rate.

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