Prosecution Insights
Last updated: September 26, 2026
Application No. 17/803,158

Methods and compositions for the treatment of diverticulosis

Final Rejection §112
Filed
Mar 09, 2022
Priority
Dec 19, 2011 — provisional 61/630,831 +3 more
Examiner
YOO, SUN JAE
Art Unit
1621
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Emmaus Medical Inc.
OA Round
2 (Final)
71%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
71%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allowance Rate
878 granted / 1236 resolved
+11.0% vs TC avg
Minimal +0% lift
Without
With
+0.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
95 currently pending
Career history
1309
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
17.1%
-22.9% vs TC avg
§102
27.8%
-12.2% vs TC avg
§112
33.8%
-6.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1236 resolved cases

Office Action

§112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application is being examined under the pre-AIA first to invent provisions. Response to Amendment 2. The amendments to the claims filed on March 20, 2026 have been fully considered. The amendments are sufficient to overcome the outstanding rejections which are withdrawn. Terminal Disclaimer 3. The terminal disclaimer filed on March 20, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration dates of US 11,304,918 and 10,258,586 and 9,616,041 has been reviewed and is accepted. The terminal disclaimer has been recorded. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. 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. 4. Claims 3-5 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. The claims depend on cancelled claim 2. Because claims 3-5 further limit the subject matter of cancelled claim 2 which is not available, it is not possible to determine the metes and bounds of these claims. Appropriate corrected is requested. 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 SUN JAE YOO whose telephone number is (571)272-9074. The examiner can normally be reached Mon-Fri 8-5. 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. 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. /SUN JAE YOO/Primary Examiner, Art Unit 1621
Read full office action

Prosecution Timeline

Mar 09, 2022
Application Filed
Mar 09, 2022
Response after Non-Final Action
Oct 22, 2025
Non-Final Rejection mailed — §112
Mar 20, 2026
Response Filed
Apr 07, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12735424
FUSED PYRAZINE DERIVATIVES AS A2A / A2B INHIBITORS
2y 5m to grant Granted Sep 15, 2026
Patent 12692253
Antimicrobial Compounds and Methods
5y 0m to grant Granted Jul 28, 2026
Patent 12690381
ORGANOMETALLIC COMPOUND AND APPLICATION THEREOF
2y 8m to grant Granted Jul 21, 2026
Patent 12674026
PROCESS FOR PREPARING POLYOL-BASED ESTERS OF ACYL-CAPPED HYDROXY CARBOXYLIC ACIDS
4y 6m to grant Granted Jul 07, 2026
Patent 12661353
SPT5 INHIBITORS AND USES THEREOF
4y 10m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
71%
Grant Probability
71%
With Interview (+0.3%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1236 resolved cases by this examiner. Grant probability derived from career allowance rate.

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