Prosecution Insights
Last updated: August 15, 2026
Application No. 18/986,265

DISPENSING FLUIDS BASED ON A FLOW CHARACTERISTIC

Non-Final OA §102§103
Filed
Dec 18, 2024
Priority
Dec 20, 2023 — provisional 63/612,526
Examiner
LONG, DONNELL ALAN
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Delaware Capital Formation LLC
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
972 granted / 1284 resolved
+5.7% vs TC avg
Strong +15% interview lift
Without
With
+15.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 3m
Avg Prosecution
24 currently pending
Career history
1297
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
49.8%
+9.8% vs TC avg
§102
25.7%
-14.3% vs TC avg
§112
22.4%
-17.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1284 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 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) 1-2, 5-13, 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tincher et al. (20190079543). Regarding claim 1, Tincher discloses a chemical dispensing system comprising: an eductor (48) having a diluent inlet (50), a chemical pickup port (54), a discharge port (52), and a venturi fluidly coupled between the diluent inlet and the discharge port (par. 0003); a selector valve (46) fluidly coupled to the diluent inlet and configured to control a flow of diluent into the diluent inlet; a sensor (66) configured to measure a flow characteristic of the flow of diluent; a controller (12) operatively coupled to the selector valve, the controller comprising at least one processor and memory storing instructions that, when executed, cause the at least one processor to perform operations comprising: opening the selector valve to allow the flow of diluent into the diluent inlet (par. 0061); determining a dispense duration based on the measured flow characteristic and an amount of a chemical to be dispensed; and in response to determining that the dispense duration has elapsed, closing the selector valve (par. 0071). Regarding claim 2, the sensor comprises a pressure sensor (66) coupled to the system upstream of the diluent inlet and the flow characteristic comprises a pressure of the flow of diluent. Regarding claim 5, the memory of the controller stores dispense duration calibration data, and wherein the calibration data comprises a plurality of curves of chemical flow rates based on the measured flow characteristic, each curve corresponding with a particular chemical (par. 0072). Regarding claim 6, the calibration data further comprises a plurality of curves of chemical flow rates based on an installation configuration of the chemical dispensing system, each curve corresponding to a particular installation configuration and a particular chemical (par. 0072). Regarding claim 7, determining the dispense duration comprises determining an expected flow rate of the particular chemical to be dispensed based on the measured flow characteristic; and determining the dispense duration based on the flow rate and the amount of the chemical to be dispensed (par. 0013). Regarding claim 8, the discharge port is fluidly coupled to one or more laundry machines (par. 0055). Regarding claim 9, the selector valve is a first selector valve and the eductor is a first eductor, and the system further comprises: a second eductor having a diluent inlet, a chemical pickup port, a discharge port, and a venturi fluidly coupled between the diluent inlet and the discharge port; a second selector valve fluidly coupled to the diluent inlet of the second eductor an inlet manifold fluidly coupled to the first and second selector valves and configured to be coupled to a source of diluent; and a flush manifold fluidly coupled to the discharge ports of the first and second eductors (Fig. 1; par. 0003). Regarding claim 10, the chemical pick up ports of the first and second eductors are fluidly coupled to different chemical reservoirs (Fig. 1). Regarding claim 11, the second eductor is a flush eductor, and wherein the operations further comprise: opening the second selector valve for a flush duration to flush the flush manifold with diluent (Fig. 1; par. 0012). Regarding claim 12, the operations further comprise: determining a second dispense duration to dispense a second chemical fluidly coupled to the pickup port of the second eductor; opening the second selector valve for the second dispense duration; and in response to determining that the second dispense duration has elapsed, closing the second selector valve (par. 0006, 0061). Regarding claim 13, Tincher discloses a method for dispensing a fluid, the method comprising: opening a selector valve fluidly coupled to a diluent inlet of an eductor to allow the flow of diluent into the diluent inlet, the eductor comprising the diluent inlet, a chemical pickup port, a discharge port and a venturi fluidly coupled between the diluent inlet and the discharge port (par. 0003 and 0071; Fig. 1); measuring a flow characteristic of a diluent flow using a sensor (66); determining a dispense duration based on the measured flow characteristic and an amount of a chemical to be dispensed (par. 0071); and in response to determining that the dispense duration has elapsed, closing the selector valve (par. 0071). Regarding claim 16, determining the dispense duration comprises determining a flow rate of the chemical to be dispensed based on the measured flow characteristic; and determining the dispense duration based on the flow rate and the amount of the chemical to be dispensed (par. 0071-0072). Regarding claim 17, further comprising: opening a second selector valve to flush a flush manifold with diluent; and in response to determining that a flush duration has elapsed, closing the second selector valve (par. 0070). Regarding claim 18, further comprising: determining a second dispense duration to dispense a second chemical fluidly coupled to the pickup port of a second eductor, the second dispense duration being based on the measured flow characteristic and an amount of the second chemical to be dispensed; opening a second selector valve; and in response to determining that the second dispense duration has elapsed, closing the second selector valve (par. 0006, 0061). 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) 3-4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tincher et al. in view of Dyer (20210053018). Regarding claim 3, Tincher DIFFERS in that it does not disclose the system further comprising: a flow meter coupled to the system upstream of the diluent inlet and configured to measure a flow rate of the flow of diluent. Attention, however, is directed to the Dyer reference, which discloses a flow meter coupled to a system upstream of a diluent inlet and configured to measure a flow rate of the flow of diluent (par. 0096, 0105, 0107, and 0109). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Tincher reference in view of the teachings of the Dyer reference by employing a flow meter for the purpose of enabling a specified volume of liquid to be delivered. Regarding claim 4, Tincher DIFFERS in that it does not disclose the sensor comprises a flow meter coupled to the system upstream of the diluent inlet and the flow characteristic comprises a flow rate of the flow of diluent. Attention, however, is directed to the Dyer reference, which discloses a sensor comprises a flow meter coupled to the system upstream of a diluent inlet and a flow characteristic comprises a flow rate of the flow of diluent (par. 0096, 0105, 0107, and 0109). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Tincher reference in view of the teachings of the Dyer reference by employing a flow meter for the purpose of enabling a specified volume of liquid to be delivered. Regarding claim 14, the sensor comprises a pressure sensor (66) and measuring the flow characteristic comprises measuring a pressure of the flow of diluent (par. 0071). Tincher DIFFERS in that it does not disclose measuring a flow rate of the flow of diluent using a flow meter fluidly coupled to the diluent inlet. Attention, however, is directed to the Dyer reference, which discloses measuring a flow rate of a flow of diluent using a flow meter fluidly coupled to a diluent inlet (par. 0096, 0105, 0107, and 0109). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Tincher reference in view of the teachings of the Dyer reference by employing a flow meter for the purpose of enabling a specified volume of liquid to be delivered. Allowable Subject Matter Claim 15 is 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. Claims 19-20 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art to the claimed invention is Tincher et al. Tincher fails to teach or suggest determining an average value of the measured flow characteristic; and recording a flow rate of the chemical dispensed at the average value of the measured flow characteristic based on the amount of chemical dispensed and the amount of time. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONNELL ALAN LONG whose telephone number is (571)270-5610. The examiner can normally be reached Mon - Fri 8AM-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, 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. /DONNELL A LONG/Primary Examiner, Art Unit 3754
Read full office action

Prosecution Timeline

Dec 18, 2024
Application Filed
Jul 27, 2026
Non-Final Rejection mailed — §102, §103 (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
76%
Grant Probability
91%
With Interview (+15.2%)
2y 3m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1284 resolved cases by this examiner. Grant probability derived from career allowance rate.

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