Prosecution Insights
Last updated: May 29, 2026
Application No. 18/095,314

Nutritional Intervention for Improving Muscular Function and Strength

Final Rejection §DOUBLEPATENT
Filed
Jan 10, 2023
Priority
Dec 09, 2008 — provisional 61/121,065 +7 more
Examiner
SANCHEZ, JUSTIN CHRISTOPHER
Art Unit
1622
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Metabolic Technologies, LLC
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
32 granted / 37 resolved
+26.5% vs TC avg
Moderate +12% lift
Without
With
+11.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
23 currently pending
Career history
64
Total Applications
across all art units

Statute-Specific Performance

§103
29.6%
-10.4% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
24.7%
-15.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 37 resolved cases

Office Action

§DOUBLEPATENT
DETAILED ACTION Claims 1-20, submitted 10 January 2023, are pending in the application. Claims 1-20 are under examination in the instant Office Action. Notice of Pre-AIA or AIA Status The present application is being examined under the pre-AIA first to invent provisions. Terminal Disclaimer The terminal disclaimer filed on 19 February 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 8,815,280, U.S. Patent No. 9,259,430, U.S. Patent No. 9,707,241, U.S. Patent No. 9,770,424, and U.S. Patent No. 10,201,551 has been reviewed and is NOT accepted. The terminal disclaimer does not comply with 37 CFR 1.321 because: The person who has signed the disclaimer has not stated the extent of the applicant’s or assignee’s interest in the application/patent. See 37 CFR 1.321(b)(3). Rejections – Maintained The status of the rejections in the previous Office Action are set out below. Rejections under Nonstatutory Double Patenting Applicant submitted Terminal Disclaimers to overcome the rejection in the previous Office Action. However, the filed Terminal Disclaimers have not been approved. Consequently, the rejections of the previous Office Action are maintained and all pending claims (i.e., claims 1-20) remain rejected. To overcome the rejection, the Applicant could submit new Terminal Disclaimers signed by Applicant or the Applicant’s representative could file a Power of Attorney along with new signed Terminal Disclaimers. Conclusion Claims 1-20 are rejected. No claims are allowed. 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 JUSTIN CHRISTOPHER SANCHEZ whose telephone number is (703)756-5336. The examiner can normally be reached Monday -Friday (0730-1700). 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, James H Alstrum-Acevedo can be reached at 571-272-5548. 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. JUSTIN CHRISTOPHER SANCHEZ Examiner, Art Unit 1622 /J.C.S./Examiner, Art Unit 1622 /JAMES H ALSTRUM-ACEVEDO/Supervisory Patent Examiner, Art Unit 1622
Read full office action

Prosecution Timeline

Jan 10, 2023
Application Filed
Aug 19, 2025
Non-Final Rejection mailed — §DOUBLEPATENT
Feb 19, 2026
Response Filed
Mar 19, 2026
Final Rejection mailed — §DOUBLEPATENT (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

3-4
Expected OA Rounds
86%
Grant Probability
98%
With Interview (+11.5%)
3y 4m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 37 resolved cases by this examiner. Grant probability derived from career allowance rate.

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