Prosecution Insights
Last updated: July 17, 2026
Application No. 17/690,734

BOX-IN-A-BOX SHIPPER

Final Rejection §103§112
Filed
Mar 09, 2022
Priority
Mar 11, 2021 — provisional 63/159,859
Examiner
STEVENS, ALLAN D
Art Unit
3736
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cryoport Inc.
OA Round
7 (Final)
42%
Grant Probability
Moderate
8-9
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 42% of resolved cases
42%
Career Allowance Rate
266 granted / 641 resolved
-28.5% vs TC avg
Strong +50% interview lift
Without
With
+50.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
42 currently pending
Career history
693
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
74.4%
+34.4% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
17.3%
-22.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 641 resolved cases

Office Action

§103 §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 . Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, at least one edge of each panel including a first inward angled surface, a second inward angled surface spaced apart from the first inward angled surface, and a middle surface extending between and to the first and second inward angled surfaces, wherein the middle surface is at an angle with respect to the first and second inward angled surfaces of claim 58 while the panels have the shape of a single pyramidal frustum as required by claim 50 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: first inward angled surface, second inward angled surface, middle surface. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 58-59 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The limitation of claim 58 that “at least one edge of each panel including a first inward angled surface, a second inward angled surface spaced apart from the first inward angled surface, and a middle surface extending between and to the first and second inward angled surfaces, wherein the middle surface is at an angle with respect to the first and second inward angled surfaces” while the panels have the shape of a single pyramidal frustum as required by claim 50 fails to comply with the enablement requirement. A pyramidal frustum is the portion of a pyramid which remains after its upper part has been cut off by a plane parallel to its base How can a pyramidal frustum have a middle surface at ang angle with respect to and extending between a first and second inward angled surface? The Wands factors of MPEP 2164.01(a) have been considered. Based upon the state of the prior art presented in the attached PTO-892, the level of ordinary skill in the art presented in those references, the level of predictability (strong in the mechanical arts), and the amount of direction provided (as presented above), the quantity of experimentation needed to make the claimed invention commensurate in scope with the claims is undue. 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. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 8, 54, and 56 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 8 is led to be indefinite as it is unclear if “walls” are newly recited structures or refer back to the sidewalls of claim 1. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter. Claim 54 is led to be indefinite as it is unclear if “inwardly angled edges” are newly recited structures or refer back to the edges of claim 1. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter. Claim 56 is led to be indefinite as it is unclear if “inwardly angled edges” are newly recited structures or refer back to the edges of claim 1. In light of the original disclosure and in order to apply art the limitation will be interpreted as the latter. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 1, 2, 4-6, 8, 43, 49, 50, and 55-57 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mayer (US 20130255306) further in view of Gano (US 20040025528). Claim 1: Mayer discloses a shipping container 10, comprising: an outer shell 20 (outer enclosure) comprising a cube with a base, a lid, and multiple sidewalls, defining a cavity, wherein the lid is coupled to the at least one of the multiple sidewalls by a hinge to provide access to the cavity; and 6 PCM panels 40 forming an inner enclosure positioned within the cavity of the outer shell 20 (outer enclosure) and having six identical panels, each identical panel of the six identical panels positioned in a contacting relationship with four other identical panels of the six identical panels, wherein the six identical panels are arranged to form the inner enclosure as an enclosed six-sided cube with each side being one of the identical panels of the six identical panels, and six identical phase-change material inserts that are received within each of the six identical panels, the six identical panels defining a payload area inside the inner enclosure that is configured to hold a payload, wherein each identical panel of the six identical panels is a same shape, wherein the same shape is a single pyramidal frustum having defined therein an interior space, wherein each identical panel of the six identical panels has only four edges and two parallel spaced apart planar faces, the interior space being defined between the two parallel spaced apart planar faces and another three edges of the four edges (see annotated fig. 1 and 2A below). Mayer does not disclose wherein one of the edges defines a single opening that forms a single channel with constant communication into the interior space of the identical panel or wherein the single channel is configured to slidably receive a phase-change material insert of the six identical phase-change material inserts into the interior space of the identical panel via the single opening. Gano teaches a cooler 100 having sidewalls 330, 332, 334, and 336 extending upwardly from base 340 and together defining an interior storage chamber 342 that can be enclosed when a lid 344 is used to engage the sidewalls 330, 332, 334, and 336, wherein the sidewalls 330, 332, 334, and 336, base 340, and lid 344 are shaped to interlock with each other, each have four edges, and each have a chamber e.g. 352, 354, 356, 358 that retains temperature-maintaining material 350, wherein one of the edges defines an opening 376 that forms a channel with constant communication into an interior of the respective sidewall 330, 332, 334, and 336, base 340, or lid 344, and wherein the channel is configured to slidably receive a temperature-maintaining material 350, wherein the temperature-maintaining material 350 is packaged so that it does not break apart and the sidewalls 330, 332, 334, and 336, base 340, and lid 344 are defined by a substantially rigid material (see fig. 12-13 and P. 0063, 0064, & 0066). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the panels to be made of a substantially rigid material, to have modified one of the edges of each identical panel to define an opening that forms a single channel with constant communication into the interior space of that identical panel, and to have modified the plurality of identical phase-change material inserts to be packaged and slidably received through the openings, as taught by Gano, in order to better protect the phase-change material from leakage during shipping, to permit a user to remove the phase-change material inserts for thermal conditioning, to permit a user to utilize different phase-change material inserts as appropriate for the contents to be held, and to be able to swap out different phase-change material inserts with differing melting points as needed. The combination results in the single channel being configured to slidably receive a phase-change material insert of the plurality of the six identical phase-change material inserts into the single interior space of the identical panel via the single opening, wherein the identical panel has the single opening that forms the single channel with constant communication into the interior space of the identical panel. PNG media_image1.png 708 370 media_image1.png Greyscale PNG media_image2.png 456 434 media_image2.png Greyscale Claim 2: The combination discloses wherein the lid is removable to access the inner enclosure when the inner enclosure is within the cavity of the outer shell 20 (outer enclosure) as the lid is movable between an open position and a closed position to provide access to the cavity (see fig. 2A). Claim 4: The combination discloses wherein the six identical panels include a top panel, a plurality of side panels and a bottom panel that is opposite the top panel, wherein the top panel is opposite the bottom panel and edges of the plurality of side panels interface with edges of the top panel and edges of the bottom panel, wherein the plurality of side panels are positioned between the top panel and the bottom panel (see fig. 1 and annotated fig. 2A above). Claim 5: The combination discloses wherein each of the plurality of identical panels is removable and each of the plurality of identical phase-change material inserts are removable. Claim 6: The combination discloses wherein the outer shell 20 (outer enclosure) is made from cardboard (insulative, nonmetallic material) that is designed to withstand shocks and vibrations at cryogenic temperatures (see P. 0013). Claim 8: The combination discloses wherein the six identical panels are positioned along or adjacent to an inner surface of walls of the outer shell 20 (outer enclosure) and are made of a cardboard (nonmetallic material) (see annotated fig. 2A above and P. 0013). Claim 43: Mayer discloses a shipping container 10 comprising: an outer shell 20 (outer enclosure) comprising a cube having side walls and a base, wherein the side walls and the base define a retention chamber (cavity) [P. 0013] in the outer shell 20 (outer enclosure); and a lid hingedly attached to at least one of the side walls of the outer shell 20 (outer enclosure) opposite the base, to cover the retention chamber (cavity) in the outer shell 20 (outer enclosure); 6 PCM panels 40 forming an inner enclosure disposed inside the retention chamber (cavity) and configured to provide a payload area for a payload within the inner enclosure, wherein the inner enclosure comprises six panels, the six panels defining the payload area, wherein each panel of the six panels is a same shape, and wherein the same shape is a single pyramidal frustum having defined therein an interior, wherein each panel of the six panels has four edges and two parallel sides joined together by the four sides, the interior space bounded by the two parallel sides and the four edges to provide the interior space of the panel, wherein a phase-change material is received into the single interior space of the panel (see annotated fig. 1 and 2A above). Mayer does not disclose wherein one of the four edges defines a single opening that forms a channel with constant communication into the interior space of the panel, wherein the channel is configured to receive a phase-change material into the interior space of the panel via the single opening. Gano teaches a cooler 100 having sidewalls 330, 332, 334, and 336 extending upwardly from base 340 and together defining an interior storage chamber 342 that can be enclosed when a lid 344 is used to engage the sidewalls 330, 332, 334, and 336, wherein the sidewalls 330, 332, 334, and 336, base 340, and lid 344 are shaped to interlock with each other, each have four edges, and each have a chamber e.g. 352, 354, 356, 358 that retains temperature-maintaining material 350, wherein one of the edges defines an opening 376 that forms a channel with constant communication into an interior of the respective sidewall 330, 332, 334, and 336, base 340, or lid 344, and wherein the channel is configured to slidably receive a temperature-maintaining material 350, wherein the temperature-maintaining material 350 is packaged so that it does not break apart and the sidewalls 330, 332, 334, and 336, base 340, and lid 344 are defined by a substantially rigid material (see fig. 12-13 and P. 0063, 0064, & 0066). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the panels to be made of a substantially rigid material, to have modified one of the edges of each identical panel to define an opening that forms a single channel with constant communication into the interior space of that identical panel, and to have modified the plurality of identical phase-change material inserts to be packaged and slidably received through the openings, as taught by Gano, in order to better protect the phase-change material from leakage during shipping, to permit a user to remove the phase-change material inserts for thermal conditioning, to permit a user to utilize different phase-change material inserts as appropriate for the contents to be held, and to be able to swap out different phase-change material inserts with differing melting points as needed. The combination results in the channel being configured to receive some phase-change material into the single interior space of the panel via the single opening. Claim 49: Mayer discloses a shipping container 10, comprising: an outer shell 20 (outer enclosure) having a retention chamber (cavity); and six identical PCM panels 40 forming an inner enclosure positioned within the retention chamber (cavity) of the outer shell 20 (outer enclosure) and having a plurality of panels comprising six identical panels and a plurality of phase-change material inserts comprising six phase-change material inserts that are each received within a respective one of the six identical panels, the plurality of panels defining a payload area that is configured to hold a payload, wherein each panel of the six identical panels is a same shape, wherein each panel of the six identical panels has four edges to nest adjacently to four other panels of the six identical panels and two parallel sides joined in spaced-apart parallel relation by the edges, and wherein the six identical panels together form a box shaped enclosure when each of the four edges of the each panel is nested adjacently to the four other panels of the six identical panels, wherein each panel has an only interior cavity of an interior, wherein the only interior cavity is bounded on edges by the four edges and on sides by the two parallel sides, wherein the only interior cavity is occupied by the phase-change material insert, wherein the phase-change material insert contacts both of the two parallel sides joined in spaced-apart parallel relation by the edges to conduct thermal energy therethrough, and wherein the only interior cavity of the interior of the panel is an only cavity of the panel (see annotated fig. 1 & 2A above). Mayer does not disclose wherein one of the edges of each panel of the six panels defines an opening that forms a single channel with constant communication into an only interior cavity of an interior of the panel or wherein the channel is configured to slidably receive a phase-change material insert of the plurality of phase-change material inserts into the interior of the panel. Gano teaches a cooler 100 having sidewalls 330, 332, 334, and 336 extending upwardly from base 340 and together defining an interior storage chamber 342 that can be enclosed when a lid 344 is used to engage the sidewalls 330, 332, 334, and 336, wherein the sidewalls 330, 332, 334, and 336, base 340, and lid 344 are shaped to interlock with each other, each have four edges, and each have a chamber e.g. 352, 354, 356, 358 that retains temperature-maintaining material 350, wherein one of the edges defines an opening 376 that forms a channel with constant communication into an interior of the respective sidewall 330, 332, 334, and 336, base 340, or lid 344, and wherein the channel is configured to slidably receive a temperature-maintaining material 350, wherein the temperature-maintaining material 350 is packaged so that it does not break apart and the sidewalls 330, 332, 334, and 336, base 340, and lid 344 are defined by a substantially rigid material (see fig. 12-13 and P. 0063, 0064, & 0066). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the panels to be made of a substantially rigid material, to have modified one of the edges of each panel of the six identical panels to define an opening that forms a channel with constant communication into the only interior cavity of the interior of that panel, and to have modified the plurality of identical phase-change material inserts to be slidably received through the openings, as taught by Gano, in order to better protect the phase-change material from leakage during shipping, to permit a user to remove the phase-change material inserts for thermal conditioning, to permit a user to utilize different phase-change material inserts as appropriate for the contents to be held, and to be able to swap out different phase-change material inserts with differing melting points as needed. Claim 50: The combination discloses wherein the same shape is a single pyramidal frustum (see annotated fig. 1 & 2A above). Claim 54: The combination discloses wherein: the channel is formed by one or more inward angled edges of the panel; and edges of the phase-change material insert are slid into the channel to position the phase-change material insert within the channel and to be secured to the panel in the interior space of the panel; and the phase-change material insert is shaped complementary to the panel (see annotated fig. 2A above). Claim 55: The combination discloses wherein each phase-change material insert of the plurality of phase-change material inserts is shaped complementary to a respective panel of the six identical panels (see annotated fig. 2A above). Claim 56: The combination discloses wherein the single channel of each panel is formed by one or more inward angled edges of the panel (see annotated fig. 2A above). Claim 57: The combination discloses wherein edges of each phase-change material insert are configured to be slid into the single channel of a respective one of the six identical panels to position the phase-change material insert within the only interior cavity of the respective panel (see annotated fig. 2A above). Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mayer (US 20130255306) and Gano (US 20040025528) as applied to claim 6 above, and further in view of Koide (US 20090277911). Claim 7: The combination discloses the claimed invention except wherein the insulative, nonmetallic material is a polycarbonate or other polymer. Koide teaches an outer case 10 being a rectangular parallelepiped case such as a paper cardboard box and a plastic (polymer) corrugated box (see P. 0055). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have made the outer shell 20 (outer enclosure) out of plastic (polymer) in order to enhance its rigidity and strength and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Response to Arguments The drawing objections in paragraph 4 of office action dated 7 November 2025 are withdrawn in light of the amended claims filed 20 April 2026. The 35 U.S.C. § 112 rejections in paragraphs 5-13 of office action dated 7 November 2025 are withdrawn in light of the amended claims filed 20 April 2026. Applicant's arguments filed 7 November 2025 have been fully considered but they are not persuasive. In response to applicant’s argument that converting Mayer’s sealed, dual-PCM panel into an open, edge-channeled panel designed for removable inserts would require substantial redesign, the Examiner responds that this argument is non-persuasive as redesign and reconstruction does not detract from obviousness. It is proper to take account of the "inferences and creative steps that a person of ordinary skill in the art would employ." See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 1727, 1731, 82 USPQ2d 1385, 1396 (2007). See also id. at 1742, 82 USPQ2d at 1397 ("A person of ordinary skill is also a person of ordinary creativity, not an automaton."). One of ordinary skill in the art is presumed to have skills apart from what the prior art references expressly disclose. In re Sovish, 769 F.2d 738, 743 (Fed. Cir. 1985). In response to applicant’s argument that converting Mayer’s sealed, dual-PCM panel into an open, edge-channeled panel designed for removable inserts would undermine Mayer’s intended operation of maintaining distinct immiscible phase boundaries within a sealed panel, the Examiner replies that the combination does not destroy or make inoperable this functionality. The phase-change material inserts of the combination have distinct immiscible phase boundaries within a packaging. In response to applicant’s argument that Gano’s teaching does not pertain to discrete, removable frusto-pyramidal panels having a single edge-defined channel that receives a removable PCM insert which then occupies the only interior cavity and contacts both parallel faces as claimed in 43 and 49, the Examiner responds that claim 43 does not positively recite any phase-change material or PCM insert, let alone the insert contacting both parallel faces. Likewise, claim 43 does not require an only interior cavity. Claim 49 does not recite frusto-pyramidal panels. However, these arguments are not commensurate in scope with the rejection at hand which does not rely on Gano to teach removable frusto-pyramidal panels. 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). In response to applicant’s argument that recasting Mayer’s dual immiscible PCMs (51, 52) as a “phase-change material insert” slid through an edge channel lacks an articulated rationale with sufficient nexus to the problem addressed by Mayer (reducing PCM panel inventory via a single sealed dual-PCM panel), the Examiner responds that “[T]he rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it can be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law”. MPEP 2144 I. In response to applicant’s argument that Mayer is directed to reducing the number of PCM components a shipper must purchase, inventory, track, and maintain, that Mayer states that “a substantial need exists for a system of packaging thermally labile goods that reduces the total number of PCM panels that need to be purchased, tracked and maintained by a shipper”, that under the Examiner’s theory Mayer’s integrated PCM panel would be redesigned into a two-part assembly: a structural panel having an opening/channel, plus a separate packaged insert containing the phase-change material, where the modification would add discrete components that must be packaged, inserted, removed, matched, and tracked and therefore moves away from Mayer’s stated objective of reducing PCM-panel-related inventory and handling complexity, and instead reintroduces additional separate parts and is taught away from by Mayer, the Examiner replies that nothing the disclosure of Mayer criticizes, discredits, or otherwise discourages having phase-change material inserts slidably received within the interior space of panels as is required for a teaching away. Examiner notes that the combination permitting multiple different PCM inserts to be usable in a single system results in an overall reduction in PCM inserts that need to be purchased, tracked and maintained by a shipper as desired by Mayer. The PCM inserts include dual immiscible phase change materials with differing target temperatures. As such, four different desired target temperatures can be met by two PCM inserts versus the four that would have been required if the PCM inserts did not include dual immiscible phase change materials. In response to applicant’s argument that Mayer does not teach or suggest the “only interior cavity” / “only cavity of the panel” limitation as recited in claim 49, the Examiner responds that the combination results in the dual immiscible phase change materials (51 and 52) being within a packaging and slidably receivable within the interior space of the panels. Each panel of the combination has an only interior cavity that is an only cavity of the panel in which the packaging housing the dual immiscible phase change materials (51 and 52) is slidably received. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET. 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, Orlando E. Aviles can be reached at (571)270-5531. 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. /ALLAN D STEVENS/Primary Examiner, Art Unit 3736
Read full office action

Prosecution Timeline

Show 16 earlier events
May 16, 2025
Final Rejection mailed — §103, §112
Oct 28, 2025
Request for Continued Examination
Nov 03, 2025
Response after Non-Final Action
Nov 07, 2025
Non-Final Rejection mailed — §103, §112
Mar 24, 2026
Applicant Interview (Telephonic)
Mar 24, 2026
Examiner Interview Summary
Apr 20, 2026
Response Filed
Jun 30, 2026
Final Rejection mailed — §103, §112 (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

8-9
Expected OA Rounds
42%
Grant Probability
92%
With Interview (+50.1%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 641 resolved cases by this examiner. Grant probability derived from career allowance rate.

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