Prosecution Insights
Last updated: July 17, 2026
Application No. 17/918,916

A SPIN COATING COMPOSITION COMPRISING A CARBON MATERIAL, A METAL ORGANIC COMPOUND, AND SOLVENT, AND A MANUFACTURING METHOD OF A METAL OXIDE FILM ABOVE A SUBSTRATE

Non-Final OA §112
Filed
Oct 14, 2022
Priority
Apr 17, 2020 — provisional 63/011,589 +1 more
Examiner
LEE, ALEXANDER N
Art Unit
1737
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Merck Patent GmbH
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
81 granted / 108 resolved
+10.0% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
36 currently pending
Career history
141
Total Applications
across all art units

Statute-Specific Performance

§103
84.2%
+44.2% vs TC avg
§102
5.5%
-34.5% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 108 resolved cases

Office Action

§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 . Amendment to the claims was submitted on 04/20/2026, claims 23-32 and 39-45 are canceled, new claims 46-53 are added. Claim Objections Claims 33-38 and 46-53 are under consideration Claims 1-32 and 39-45 are canceled Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 04/20/2026 has been entered. Claim Objections Claim 33 is objected to because of the following informalities: At line 1, “A method of manufacturing method” should be “A method of manufacturing At line 11, “single bond boding” should be “single bond bonding”. Appropriate correction is required. 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. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 46-47 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. Regarding claim 46, as written, it is unclear if the instant carbon material has no secondary or tertiary carbon atoms or if the carbon material has no secondary carbon atoms and has tertiary carbon atoms. For the sake of examination, the examiner will interpret the claim limitation to mean that the carbon material has neither secondary nor tertiary carbon atoms, except at a terminal position of the polymer. Further, regarding claim 46, the examiner is interpreting that the p11 and q11 moieties of instant formula (A1-1) may be considered terminal positions of the polymer. Regarding claim 47, with regards to the instant Cy61-63 and Cy64-66 moieties, it is unclear if the unit (a3) requires each of Cy61-63 and Cy64-66 to be a required structure, or if only one of Cy61-63 and one of Cy64-66 is a required structure, where the remaining moieties are optional. Further, the instant claim only discloses that at least one moiety each of Cy61-63 and Cy64-66 is an aromatic hydrocarbon ring, where the remaining moieties are not clearly defined. Claims 33-38 and 46-53 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 33 depends on a canceled claim 23. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alexander Lee whose telephone number is (571)272-2261. The examiner can normally be reached M-Th 7:30-5:30 EST. 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, Mark Huff can be reached at (571) 272-1385. 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. /A.N.L./Examiner, Art Unit 1737 /JONATHAN JOHNSON/Supervisory Patent Examiner, Art Unit 1734
Read full office action

Prosecution Timeline

Oct 14, 2022
Application Filed
Oct 14, 2022
Response after Non-Final Action
Apr 20, 2026
Request for Continued Examination
Apr 26, 2026
Response after Non-Final Action
Apr 29, 2026
Non-Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12663718
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5y 5m to grant Granted Jun 23, 2026
Patent 12656682
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5y 2m to grant Granted Jun 16, 2026
Patent 12656685
FILM FORMING COMPOSITION
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Patent 12650648
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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
75%
Grant Probability
86%
With Interview (+11.0%)
3y 4m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 108 resolved cases by this examiner. Grant probability derived from career allowance rate.

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