Prosecution Insights
Last updated: April 19, 2026
Application No. 16/722,249

METHOD OF TREATING NONALCOHOLIC STEATOHEPATITIS

Final Rejection §103
Filed
Dec 20, 2019
Examiner
GREENE, IVAN A
Art Unit
1619
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Vector Vitale Ip LLC
OA Round
11 (Final)
18%
Grant Probability
At Risk
12-13
OA Rounds
4y 9m
To Grant
25%
With Interview

Examiner Intelligence

Grants only 18% of cases
18%
Career Allow Rate
109 granted / 590 resolved
-41.5% vs TC avg
Moderate +7% lift
Without
With
+6.6%
Interview Lift
resolved cases with interview
Typical timeline
4y 9m
Avg Prosecution
64 currently pending
Career history
654
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
46.6%
+6.6% vs TC avg
§102
8.5%
-31.5% vs TC avg
§112
24.6%
-15.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 590 resolved cases

Office Action

§103
DETAILED ACTION Status of the Claims Claims 22-23 are pending in the instant application and are being examined on the merits in the instant application. Advisory Notice The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . All rejections and/or objections not explicitly maintained in the instant office action have been withdrawn per Applicants’ claim amendments and/or persuasive arguments. Priority The U.S. effective filing date has been determined to be 12/20/2019, the filing date of the instant application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 02/13/2025 was filed before the mailing date of the first Office Action subsequent to the above discussed Request for Continued Examination. 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 § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 22-23 remain rejected under 35 U.S.C. 103 as being unpatentable over NOVAK (US 2018/0055879; published 01/03/2018) in view of Himoto et al. ("Associations between Zinc Deficiency and Metabolic Abnormalities in Patients with Chronic Liver Disease," (01/14/2018), MDPI; Nutrients, Vol. 10, No. 88, pp.1-17); Albarede et al. ("Medical applications of Cu, Zn, and S isotope effects," 2016; RSC; Metallomics, Vol. 8, pp. 1056-1070); USPENSKAYA et al. (“Kinetics of Active Pharmaceutical Ingredient Solubility in Water with Different Hydrogen Isotopic Content,” 2018; Indian Journal of Pharmaceutical Sciences, Vol. 80, No. 2, pp. 318-324) and Thoen et al. (Zinc Supplementation Reduces Diet-Induced Obesity And Improves Insulin Sensitivity in Rats,” Applied Physiology, Nutrition and Metabolism, Canadian Science Publishing; 19-OCT-2018; Vol. 44, No. 6, pp. 580-586 - pp. 1-30 as provided); and as evidenced by Povsic et al. (“A Structured Literature Review of the Epidemiology and Disease Burden of Non-Alcoholic Steatohepatitis (NASH),” 07-MAY-2019; SPRINGER; Advances in therapy, Vol. 36, pp. 1574-1594). Applicants Claims Applicant claims a method of treating nonalcoholic steatohepatitis (NASH) in a subject in need thereof comprising changing the isotope ratio of zinc in a subject to greater 64Zn by administering to said subject orally or by injection a therapeutically effective amount of a composition comprising a 64Zne compound or a salt thereof, wherein the 64Zne compound or salt thereof is at least 95% 64Zne; wherein the composition further comprises one or more diluents and/or one or more excipients; wherein the diluent comprises deuterium-depleted water; wherein said therapeutically effective amount is an amount that results in greater 64Zn in said subject; wherein 64Zne is in a form of salt selected from the group consisting of zinc aspartate with 2 aspartic acid molecules, zinc sulfate, and zinc citrate, wherein the zinc aspartate has the structure PNG media_image1.png 182 351 media_image1.png Greyscale (instant claim 22). Determination of the scope and content of the prior art (MPEP 2141.01) NOVAK discloses pharmaceutical compositions for improving health, cure abnormalities and degenerative disease, for achieving antiaging effect of therapy and therapeutic effect on mammals by administering compositions of having certain elements with enriched isotopic content (see whole document, particularly the abstract). NOVAK teaches compositions enriched in light isotopes of zinc, particularly 64Zn ([0033]) in a recommended daily dose of 2-11 mg, and further administering in an amount of about ½ to about 20 times the recommended daily dose ([0231] through [0237])(instant claims 23: administering an effective amount of a composition comprising 64Zne). NOVAK disclose the zinc-64 enriched compositions include compositions including 95% and 99% zinc-64 ([0237])(instant claims 22-23, zinc-64 isotope content – “at least 95% 64Zne” and “at least 99% 64Zne”). NOVAK discloses Examples of administering 64Zne as 64Zne aspartate in "Studies Supporting the Efficacy of a Light Isotope-Enriched Compound and Method Performed in In Vivo Experiments Using a Mouse Model of Breast Cancer (Erlich Ascites Carcinoma)." (Example 7, [00487]). NOVAK teaches solutions of 64Zne aspartate dissolved in deuterium-depleted water as suitable excipient for administration ([0478])(instant claims 22-23). NOVAK teaches the concentration was about 1.5 mg/mL of 64Zne aspartic acid ([0476])(instant claims 22: deuterium-depleted water carrier). NOVAK teaches that both oral and intravenous administration of pharmaceutical compositions of their invention are considered efficient ([0043])(instant claims 22 “administering orally and/or by injection”). Regarding the limitation “comprising changing the isotope ratio of zinc in a subject to greater 64Zn by administering to said subject orally or by injection a therapeutically effective amount of a composition comprising a 64Zne compound or a salt thereof”, the method steps and amounts taught by NOVAK are identical to those now claimed. Therefore the method of NOVAK would have more likely than not inherently resulted in “changing the isotope ratio of zinc in a subject to greater 64Zn by administering to said subject orally or by injection a therapeutically effective amount of a composition comprising a 64Zne” (MPEP §2112). Furthermore, NOVAK teaches that: “The products of such autocatalytic reactions, such as proteins, play important chemical and structural roles in the body, including immune function. Fully functional products of such reactions require a specific, "correct" chirality at various chiral centers within the product. The inventors further understand that heavy isotopes accumulate in the body beginning at birth such that, over time, the relative abundance of each element's isotopes drifts further and further from the naturally occurring relative abundance, becoming increasingly over-weighted with respect to heavy isotopes. Heavy isotopes can affect auto catalytic reactions by reducing the proportion of products that have the "correct" chirality. […] This causes a reduction in the proportion of products of autocatalytic reactions that are fully functional. In sum, the cumulative divergence of the body's isotope relative abundances from the natural relative abundance causes a decrease in the functionality of various proteins and other molecules in the body, leading to a decline in health with age.” ([0025]). And that: “ Further, the quantity of light isotope that is effective may be proportional to the quantity of the corresponding element that is present in the body. Where the body contains a relatively large quantity of the element, a correspondingly relatively large amount of the element's light isotope will be required to provide an effective dosage amount. On the other hand, where the body contains a relatively small quantity of the element, a correspondingly relatively small amount of the element's light isotope will be required to provide an effective dosage amount.” ([0026]). And further that: “As stated above, the quantity of light isotope that is effective is proportional to the quantity of the corresponding element that is present in the body. Where the body contains a relatively large quantity of the element, a correspondingly relatively large amount of the element's light isotope will be required to provide an effective dosage amount. On the other hand, where the body contains a relatively small quantity of the element, a correspondingly relatively small amount of the element's light isotope will be required to provide an effective dosage amount. These quantities are reflected in the "guidance amounts" for each element, the recommended amount for daily human consumption, as detailed below.” ([0229]). And further that: “In certain embodiments, the preferred dosage of any of the light isotopes is proportional to various authoritative daily ingestion guidances (e.g. recommended dietary allowance (USRDA), adequate intake (AI), recommended dietary intake (RDI)) of the corresponding element. The light isotope dosage is preferably between about ½ and about 30 times the guidance amount of the corresponding element […].” ([0230]). NOVAK teaches compositions enriched in light isotopes of zinc, particularly 64Zn ([0033]) in a recommended daily dose of 2-11 mg, and further administering in an amount of about ½ to about 20 times the recommended daily dose ([0231] through [0237])(instant claims 23: administering an effective amount of a composition comprising 64Zne). NOVAK disclose the zinc-64 enriched compositions include compositions including 95% and 99% zinc-64 ([0237])(instant claims 22-23, zinc-64 isotope content – “at least 95% 64Zne” and “at least 99% 64Zne”). And clearly suggest the light isotope – zinc 64 – as replacing the heavy isotopes which “can affect auto catalytic reactions by reducing the proportion of products that have the "correct" chirality. […] This causes a reduction in the proportion of products of autocatalytic reactions that are fully functional.” and therefore implicitly teaches “changing the isotope ratio of zinc in a subject to greater 64Zn by administering to said subject orally or by injection a therapeutically effective amount of a composition comprising a 64Zne compound or a salt thereof” and “wherein said therapeutically effective amount is an amount that results in greater 64Zn in said subject” (instant claim 23)(MPEP §2144.01). Ascertainment of the difference between the prior art and the claims (MPEP 2141.02) The difference between the rejected claims and the teachings of NOVAK is that NOVAK does not expressly teach treating NASH by administering a therapeutically effective amount of a 64Zne compound. Himoto et al. teaches that "Zinc (Zn) is an essential trace element which has favorable antioxidant, anti-inflammatory and apoptotic effects. The liver mainly plays a crucial role in maintaining systemic Zn homeostasis. Therefore, the occurrence of chronic liver diseases, such as chronic hepatitis, liver cirrhosis, or fatty liver, results in the impairment of Zn metabolism, and subsequently Zn deficiency. [ ... ] Zn supplementation has shown beneficial effects on such metabolic abnormalities in experimental models and actual patients with chronic liver disease." [emphasis added](abstract). Himoto et al. further teaches that: Nonalcoholic fatty liver disease (NAFLD) is currently the most prevalent liver disease worldwide, characterized by the accumulation of triglycerides in the liver, and the absence of excessive alcohol consumption. NAFLD covers a spectrum of liver diseases that range from simple steatosis called nonalcoholic fatty liver (NAFL) through nonalcoholic steatohepatitis (NASH), which is associated with hepatic inflammation and fibrosis in addition to simple steatosis." And that "NASH patients had significantly lower oral intake of Zn than NAFL patients. Zn deficiency in such patients may be due to this lower Zn intake. Zn deficiency results in mitochondrial oxidative stress and subsequently iron over load, insulin resistance, and hepatic steatosis in patients with NASH." [emphasis added](see whole document, particularly p. 3, §2.5). Himoto et al. concludes that: "This review complied overwhelming evidence that Zn deficiency is common in patients with chronic liver diseases such as chronic hepatitis and NASH, as well as liver cirrhosis. In such patients, Zn deficiency causes various types of metabolic abnormalities, including insulin resistance, hepatic steatosis, iron overload and hepatic encephalopathy. As expected, these metabolic abnormalities may be recovered by Zn supplementation. Further trials will be required to verify the beneficial effects of Zn administration on these metabolic abnormalities especially in NASH patients." [emphasis added](p. 11, §5). Based on the teachings of Himoto et al. it would have been prima facie obvious to treat NASH by zinc supplementation, however, Himoto et al. does not teach administering 64Zne as a zinc supplement in NASH, particularly given that NOVAK clearly teaches their 64Zne compositions are “used for improving health, cure abnormalities and degenerative disease; achieve anti-aging effect of therapy and therapeutic effect on mammals.” (abstract). Albarede et al. teaches medical applications of Cu, Zn, and S isotope effects (see whole document) and particularly that medical uses of isotopes are well-known but mostly focus on radioactive nuclides, and that "It is also suggestive of nutrition studies in which enriched stable isotopes are added to the diet of volunteers to monitor the transit of a particular element." (p. 1056, col. 1). Albarede et al. further teaches that "Metals such as alkaline-earth Ca and Mg and transition elements such as Cu and Zn, however, are more promising because of their much smaller number of functional roles in biology and also because their turnover rate in the body is relatively short. Copper plays a major role in oxidizing iron and controlling electron fluxes, while Zn is a cofactor of hundreds of important enzymes." [emphasis added](p. 1056, col 2, lines 6-12). Albarede et al. further teaches that: "In addition to the effects just described for systems at thermodynamic equilibrium, the smaller activation energy of the lighter isotopes allows them to react faster: kinetic effects have been advocated as a cause of biologically mediated isotope fractionation, but they require either nonsteady state conditions ( the system grows) or the existence of competing reaction pathways (Fig. 1). What comes around goes around: the proportion of isotopes present within a system ( cell, organ, body fluid) must vary if they are imported and exported at different rates. After a time exceeding the mean turnover in the system, the input and the output must be balanced." [emphasis added](p. 105 8, col. 2, 3rd paragraph). Albarede et al. further teaches that "How isotope compositions of Cu and Zn (and Fe) vary among the organs and body fluids of a mammal was essentially unknown until the first investigations by Balter et al. and Moynier et al. of sheep and mouse. For ethical reasons, access to such a variety of human materials is much more restricted. The first major observation was that, in most cases, the isotope compositions of Cu, Zn, and Fe of each organ falls, for a given species, within a narrow range of values (Fig. 4 ). In mice, Zn is isotopically heavy in red blood cells and bone and light in the serum, liver, and brain and is not dependent on the genetic background." [emphasis added](p. 1062, col. 1, lines ). Regarding the use of a deuterium-depleted water carrier, USPENSKAYA et al. teaches that: “For the first time the quantitative measure of the kinetic isotope effect connected with the isotopic nature of the solvent-water has been assessed. It is shown that irrespective of pharmacological and chemical properties of APIs, the rate of solubility in deuterium-depleted water exceeds the speed of solubility in Mili-Q water by approximately 1.5 times. This feature will allow to increase the pharmacological availability of slightly soluble in water APIs ensuring a better release out of the pharmaceutical form by means of speed acceleration of pharmaceutical substances solubility.” [emphasis added](see whole document, particularly p. 323, paragraph bridging cols. 1-2). Thoen et al. teaches that: “Rates of obesity have been growing at alarming rates, compromising the health of the world population. Thus, the search for interventions that address the metabolic repercussions of obesity are necessary. Here we evaluated the metabolic and antioxidant effects of zinc and branched chain amino acid (BCAA) supplementation on obese rats. […] In conclusion, zinc supplementation may be a useful strategy for the treatment of the metabolic dysfunction associated with obesity.” (p. 4, Abstract). Thoen et al. teaches that: “Zinc (Zn) is the second most abundant essential trace micronutrient found in the human body. It is found in all human tissues playing catalytic or structural functions. Muscles and bones contribute with about 90% of zinc storage whilst 5% is stored in the liver. As an enzymatic cofactor, zinc participates in the regulation of metabolism of carbohydrates, fats, and proteins. It is also required for the activity of more than 200 metalloenzymes such as the antioxidant enzyme copper zinc superoxide dismutase.” (paragraph bridging pp. 5-6). And further that: “Despite advances in the understanding of the mechanisms involved in the pathophysiology of obesity, treatment of this condition is still undefined. Weight loss strategies are not always effective. Management of obesity involves changes in eating habits, physical activity, or even administration of some drugs and surgical intervention. However, a co-adjuvant treatment is still necessary, as living habits are not easy to change. Zinc and BCAA are used in the treatment of metabolic dysfunction that occurs in cirrhosis, hepatitis, and nonalcoholic steatohepatitis (NASH). Hepatic steatosis caused by obesity is an initial stage of steatohepatitis and hepatic fibrosis, thus, zinc and BCAA treatments may be useful to prevent the evolution of steatohepatitis. Therefore, the aim of the present study was to investigate the effect of zinc or BCAA supplementation on metabolic and oxidative parameters of obese rats that consumed a high fructose/high fat diet (HFD).” (paragraph bridging pp. 6-7). Thoen et al. teaches that; “Nonalcoholic fatty liver disease (NAFLD) is currently the most prevalent liver disease worldwide, characterized by the accumulation of triglycerides in the liver. It is usually associated with obesity and is not related with excessive alcohol consumption. Lower oral intake of zinc was observed in patients with NAFLD. Zinc deficiency results in mitochondrial oxidative stress and subsequently iron overload, insulin resistance, and hepatic steatosis in patients with NASH.” [emphasis added](p. 15, lines 3-8). Thoen et al. teaches that: “It has been shown that zinc-deficient diets cause insulin resistance in animal models and there is also evidence of insulin resistance and hepatic steatosis due to zinc deficiency in patients with chronic liver disease. On the other hand, zinc supplementation reverses alcohol-induced hepatic steatosis in mice. Our findings support the hypothesis that zinc supplementation provides beneficial effects on the regulation of insulin sensitivity in obesity.” [emphasis added](p. 13, lines 8-13). And that: “In summary, this study reveals that zinc supplementation is beneficial for the treatment of metabolic dysfunction caused by obesity. […] Despite the finding that zinc supplementation did not reduce diet-induced oxidative stress in our animal model, the enhancement in insulin sensitivity in obese rats receiving zinc supplementation suggests this micronutrient may be an important alternative for the treatment of obesity.” (p. 15, last paragraph). The prior art further suggests that NASH and obesity are comorbid conditions (often occurring together) as evidenced by Povsic et al. teaching that: “NASH is often inaccurately described as an asymptomatic disease—it presents with nonspecific symptoms, such as tiredness or developing pain in the upper right side of the abdomen, therefore the disease can progress undetected. This makes the exact burden difficult to establish. However, NASH burden is increasing, paralleled by the rise of obesity and NAFLD, with an estimated one-third of NAFLD patients progressing into NASH.” (p. 1575, col. 1, 1st full paragraph, lines 1-10). And more particularly that: “Obesity -- The obesity prevalence in the NASH population was reported in two publications, ranging from 31% to 95% (Table 1).” (p. 1582, col. 1, lines 1-4). Finding of prima facie obviousness Rationale and Motivation (MPEP 2142-2143) It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the compositions of NOVAK in the treatment of NASH and obesity because Himoto et al. teaches that Zn deficiency is common in patients with chronic liver diseases such as chronic hepatitis and NASH, and that these metabolic abnormalities may be recovered by Zn supplementation, and Thoen et al. teaching that NAFLD is usually associated with obesity, zing being an important nutrient in treatment of obesity; and Albarede et al. teaches that in mice Zn is isotopically light in the liver, thus treating a liver disease with the compositions of NOVAK would have been expected to enhance treatment of a fatty liver diseases such as NASH, and further to utilize a deuterium-depleted water carrier as suggested by NOVAK, and taught by USPENSKAYA et al., as improving “a better release out of the pharmaceutical form by means of speed acceleration of the pharmaceutical substance solubility.” Additionally, it is clear that the patient populations of Obesity and NASH overlap due to the high prevalence the comorbidity of these two conditions, as evidenced by Povsic et al., therefore, in treating NASH the with a 64Zne compound, as suggested by the cited combination of references, in comorbid cases (NASH + Obesity) obesity would have also been treated as well. From the teachings of the references, it is apparent that one of ordinary skill in the art would have had a reasonable expectation of success in producing the claimed invention because administering a zinc compound enriched in Zn-64 stable isotope would have been substantially the same, and Albarede et al. teaches that Zn is isotopically light is the liver thus providing a reasonable expectation that a zinc compound enriched in Zn-64 stable isotope would accumulate in the liver. Therefore, the invention as a whole would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, as evidenced by the references, especially in the absence of evidence to the contrary. In light of the forgoing discussion, the Examiner concludes that the subject matter defined by the instant claims would have been obvious within the meaning of 35 USC 103(a). Response to Arguments: Applicant's arguments filed 01/12/2026 have been fully considered but they are not persuasive. Applicant argues that: “Zinc supplementation to treat NASH in a patient is not established scientific fact. Huang et al. Nutrients 2017, 9, 1138; doi: 10.3390/nu9101138 (copy enclosed) shows that zinc supplementation had negative effects, inducing visceral adipose tissue hypertrophy and impairing AKT signalling in perirenal adipose tissue. Huang at Abstract. "Our study suggested that long-term chronic over-dosage zinc intake might increase the risk of visceral adipose tissue hypertrophy." Huang at page 2, 4th paragraph. Thus, a person of ordinary skill in the art would hesitate to use zinc supplementation to treat NASH.” And that: “But if zinc supplementation works to treat NASH, why would a person of ordinary skill in the art go to the trouble to substitute ⁶⁴Zn for zinc? But for impermissible hindsight there is no reason to combine these references. The Applicant's own invention cannot impermissibly be used "…as a guide through the maze of prior art references, combining the right references in the right way SO as to achieve the result of the claims." Orthopedic Equipment Co. U. United States, 702 F.2d 1005, 1012 (Fed. Cir. 1984).” (p. 3, last two paragraphs). In response the examiner argues that the Applicant’s cited reference Huang does not teach NASH whatsoever. Himoto et al. further teaches that: Nonalcoholic fatty liver disease (NAFLD) is currently the most prevalent liver disease worldwide, characterized by the accumulation of triglycerides in the liver, and the absence of excessive alcohol consumption. NAFLD covers a spectrum of liver diseases that range from simple steatosis called nonalcoholic fatty liver (NAFL) through nonalcoholic steatohepatitis (NASH), which is associated with hepatic inflammation and fibrosis in addition to simple steatosis." [emphasis added] And that "NASH patients had significantly lower oral intake of Zn than NAFL patients. Zn deficiency in such patients may be due to this lower Zn intake. Zn deficiency results in mitochondrial oxidative stress and subsequently iron over load, insulin resistance, and hepatic steatosis in patients with NASH." [emphasis added](see whole document, particularly p. 3, §2.5). Therefore, Huang does not suggest anything regarding treatment of NASH, as suggested by Applicant’s arguments. That “Zinc supplementation to treat NASH in a patient is not established scientific fact” says nothing about patentability of the instantly rejected claims because “established scientific fact” is not any legal basis for patentability or lack thereof. Furthermore, arguendo Huang is read to inform one of ordinary skill in the art regarding the treatment of NASH with zinc supplementation, the Huang reference is clearly directed at “Chronic High Dose Zinc Supplementation” (title) and NOVAK discloses pharmaceutical compositions for improving health, cure abnormalities and degenerative disease, for achieving antiaging effect of therapy and therapeutic effect on mammals by administering compositions of having certain elements with enriched isotopic content (see whole document, particularly the abstract). NOVAK teaches compositions enriched in light isotopes of zinc, particularly 64Zn ([0033]) in a recommended daily dose of 2-11 mg, and further administering in an amount of about ½ to about 20 times the recommended daily dose ([0231] through [0237])(instant claims 23: administering an effective amount of a composition comprising 64Zne). NOVAK disclose the zinc-64 enriched compositions include compositions including 95% and 99% zinc-64 ([0237])(instant claims 22-23, zinc-64 isotope content – “at least 95% 64Zne” and “at least 99% 64Zne”). Therefore, the cited combination of prior art does not suggest “Chronic High Dose Zinc Supplementation” or “long-term chronic over-dosage zinc intake”, and the instant claims are not distinguished over the cited combination of prior art. And furthermore, NOVAK clearly motivates one of ordinary skill to “cure abnormalities and degenerative disease” by administering zinc supplement enriched in 64-zinc, and this is why a person of ordinary skill would have been motivated to substitute 64-zinc in the treatment of the chronic degenerative disease non-alcoholic steatohepatitis (NASH). In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Conclusion Claims 22-23 are pending and have been examined on the merits. Claims 22-23 are rejected under 35 U.S.C. 103. No claims allowed at this time. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to IVAN A GREENE whose telephone number is (571)270-5868. The examiner can normally be reached M-F, 8-5 PM PST. 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 Blanchard can be reached on (571) 272-0827. 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. /IVAN A GREENE/Examiner, Art Unit 1619 /TIGABU KASSA/Primary Examiner, Art Unit 1619
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Prosecution Timeline

Dec 20, 2019
Application Filed
Jun 08, 2020
Non-Final Rejection — §103
Oct 15, 2020
Response Filed
Nov 16, 2020
Final Rejection — §103
Mar 01, 2021
Request for Continued Examination
Mar 04, 2021
Response after Non-Final Action
Mar 17, 2021
Non-Final Rejection — §103
Sep 29, 2021
Response after Non-Final Action
Sep 29, 2021
Response Filed
Oct 08, 2021
Final Rejection — §103
Jan 14, 2022
Request for Continued Examination
Jan 18, 2022
Response after Non-Final Action
Feb 09, 2022
Final Rejection — §103
Jun 13, 2022
Notice of Allowance
Nov 14, 2022
Response after Non-Final Action
Dec 08, 2022
Response after Non-Final Action
Dec 17, 2022
Response after Non-Final Action
Feb 27, 2023
Response after Non-Final Action
Feb 27, 2023
Response after Non-Final Action
Feb 28, 2023
Response after Non-Final Action
Feb 28, 2023
Response after Non-Final Action
May 25, 2023
Response after Non-Final Action
Jul 28, 2023
Request for Continued Examination
Aug 06, 2023
Response after Non-Final Action
Aug 25, 2023
Non-Final Rejection — §103
Feb 29, 2024
Response Filed
Mar 07, 2024
Final Rejection — §103
Jul 17, 2024
Request for Continued Examination
Jul 23, 2024
Response after Non-Final Action
Jul 30, 2024
Non-Final Rejection — §103
Jan 13, 2025
Response Filed
Jan 22, 2025
Final Rejection — §103
Jul 28, 2025
Request for Continued Examination
Jul 31, 2025
Response after Non-Final Action
Aug 07, 2025
Non-Final Rejection — §103
Jan 12, 2026
Response Filed
Jan 27, 2026
Final Rejection — §103
Jan 28, 2026
Response after Non-Final Action

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12-13
Expected OA Rounds
18%
Grant Probability
25%
With Interview (+6.6%)
4y 9m
Median Time to Grant
High
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