Prosecution Insights
Last updated: April 19, 2026
Application No. 18/112,021

INTERACTIVE VIDEO GAME EXHIBIT HAVING AN ASSOCIATED PERIODIC TABLE AND METHOD

Final Rejection §103
Filed
Feb 21, 2023
Examiner
YIP, JACK
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Margaret Woodbury Strong Museum Dba Strong Museum
OA Round
2 (Final)
33%
Grant Probability
At Risk
3-4
OA Rounds
4y 1m
To Grant
70%
With Interview

Examiner Intelligence

Grants only 33% of cases
33%
Career Allow Rate
229 granted / 702 resolved
-37.4% vs TC avg
Strong +38% interview lift
Without
With
+37.6%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
51 currently pending
Career history
753
Total Applications
across all art units

Statute-Specific Performance

§101
22.8%
-17.2% vs TC avg
§103
42.4%
+2.4% vs TC avg
§102
15.0%
-25.0% vs TC avg
§112
12.4%
-27.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 702 resolved cases

Office Action

§103
DETAILED ACTION 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 . Response to Amendment In response to the amendment filed 2/5/2026; claims 1-19 are pending. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1 – 6, 8 – 9 and 11 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over DuPlessie (US 2022/0398799 A1) in view of Hanson (US 2013/0296007 A1) and Weston et al. (US 2012/0258802 A1) Re claims 1, 13: 1. An immersive exhibit for a guest (DuPlessie, Abstract), the immersive exhibit comprising: (a) a first gallery in the exhibit (DuPlessie, fig. 1 show different areas/rooms; [0108]); (b) a spaced apart second gallery in the exhibit (DuPlessie, fig. 1 show different areas/rooms; [0108]); (c) a database having a set of categories including at least a first category and a second category, each category including a plurality of identified activities (DuPlessie, [0053], “game rooms 200 may be grouped together based on theme, e.g., a cluster of rooms may provide outer space themed games. The different games may be a combination of physical and mental challenges, although other game types may be contemplated. The different challenges may require patrons to exercise a combination of strength, agility, skill, logic, memory, and communication, although other challenges may be contemplated”; [0055], “the modular game rooms 200”; [0049], “warehouse may store a control system”; [0088]; [0097]); (d) a plurality of different video game related interactives configured to generate game data corresponding to an interaction with the guest (DuPlessie, [0053], “game rooms 200 may be grouped together based on theme, e.g., a cluster of rooms may provide outer space themed games. The different games may be a combination of physical and mental challenges, although other game types may be contemplated. The different challenges may require patrons to exercise a combination of strength, agility, skill, logic, memory, and communication”; Abstract, “interactive physical environment providing entertainment to a patron”), wherein each of the plurality of video game interactives is a member of at least one category and has at least one assigned identified activity within the at least one category (DuPlessie, [0053], “a cluster of rooms may provide outer space themed games”; - “space themed games” – first category; [0095], “a dinner party-themed logic puzzle” – second category; [0053], “game rooms 200 may be grouped together based on theme … The different games … The different challenges may require patrons to exercise a combination of strength, agility, skill, logic, memory, and communication”; Abstract, “interactive physical environment providing entertainment to a patron”; [0087], “The first challenge may be different than the second challenge … the first game configuration may present the first game components in a third presentation. The second game configuration may present the second game components in a second presentation), wherein a first subset of the plurality of video game related interactives is assigned the first category with a first assigned identified activity and is physically located in the first gallery (DuPlessie, [0053], “a cluster of rooms may provide outer space themed games”; - “space themed games” – first category; [0053], “game rooms 200 may be grouped together based on theme … The different games … The different challenges may require patrons to exercise a combination of strength, agility, skill, logic, memory, and communication”; a cluster of rooms (with activities) – first assigned identified activity from first gallery (first room)) and a second subset of the plurality of video game related interactives is assigned the second category with a second assigned identified activity and is physically located in the second gallery (DuPlessie, [0095], “a dinner party-themed logic puzzle” – second category; [0053], “game rooms 200 may be grouped together based on theme … The different games … The different challenges may require patrons to exercise a combination of strength, agility, skill, logic, memory, and communication”; a cluster of rooms (with activities) – second assigned identified activity from second gallery (second room)); (f) a tag associated with the guest (DuPlessie, [0003], “A radio frequency identification (RFID) tag is associated with the patron”); (g) a reader configured to associate the tag with a given one of the plurality of video game related interactives (DuPlessie, [0010], “the scanner is a radiofrequency identification (RFID) tag scanner”); and (h) a computer operably connected to the reader, the database, the display, and the plurality of video game related interactives, the computer configured to receive game data from the given one of the plurality of video game related interactives and tally of the associated tag corresponding to the set of categories and the identified activity with the at least one category, wherein the computer is further configured to selectively display the tally on the public display (DuPlessie, [0146]; [0147], “present disclosure may be implemented using existing computer processors, or by a special purpose computer processor for an appropriate system”; [0012], “the data structure responsive to the received patron game performance data, and storing the updated data structure in the data storage element”; [0141], “the data storage element may store a patron identifying information”; [0058], “the exit monitor 214 may display a status of the game, including a status level identifying the game status or level of award achieved. For example, the exit monitor 214 may display three stars, where each star resembles a level of award achieved (e.g., three stars being the highest award, etc.)”; [0109]; [0129], “the game performance data may display the reward earned from playing the game”; [0140]). 13. A method of providing an immersive exhibit for a guest, the method comprising: (a) associating each of a plurality of video game related interactives with one of a plurality of categories, a first subset of the plurality of video game related interactives associated with a first category and located in a first gallery and a second subset of the plurality of video game related interactives associated with a second category and located in a second gallery, wherein the first category generically describes the first subset of the plurality of video game related interactives and the second category generically describes the second subset of the plurality of video game related interactives (DuPlessie, fig. 1 show different areas/rooms; [0108]; [0053], “a cluster of rooms may provide outer space themed games”; - “space themed games” – first category; [0095], “a dinner party-themed logic puzzle” – second category; [0053], “game rooms 200 may be grouped together based on theme … The different games … The different challenges may require patrons to exercise a combination of strength, agility, skill, logic, memory, and communication”; Abstract, “interactive physical environment providing entertainment to a patron”; [0087], “The first challenge may be different than the second challenge … the first game configuration may present the first game components in a third presentation. The second game configuration may present the second game components in a second presentation); (b) assigning each of the plurality of video game related interactives in a given category at least one of a plurality of identified activities DuPlessie, [0053], “a cluster of rooms may provide outer space themed games”; - “space themed games” – first category; [0095], “a dinner party-themed logic puzzle” – second category; [0053], “game rooms 200 may be grouped together based on theme … The different games … The different challenges may require patrons to exercise a combination of strength, agility, skill, logic, memory, and communication”; Abstract, “interactive physical environment providing entertainment to a patron”; [0087], “The first challenge may be different than the second challenge … the first game configuration may present the first game components in a third presentation. The second game configuration may present the second game components in a second presentation); (c) linking, by a computer, a portable tag to the guest (DuPlessie, [0003], “A radio frequency identification (RFID) tag is associated with the patron”); (d) recognizing the tag at a given one of the plurality of video game related interactives to designate a selected one of the plurality of video game related interactives (DuPlessie, [0010], “the scanner is a radiofrequency identification (RFID) tag scanner”); (e) generating, by interaction by the guest, game data at the selected one of the plurality of video game related interactives corresponding to the interaction with the selected one of the plurality of video game related interactives by the guest (DuPlessie, [0146]; [0147], “present disclosure may be implemented using existing computer processors, or by a special purpose computer processor for an appropriate system”; [0012], “the data structure responsive to the received patron game performance data, and storing the updated data structure in the data storage element”; [0141], “the data storage element may store a patron identifying information”); (f) receiving, at the computer, the generated game data from the selected one of the plurality of video game related interactives and associating the received game data with the recognized tag (DuPlessie, [0057], “the patron card may be a unique patron card designated and customized for a specific patron. The patron card may be accessible and managed by the patron associated with a specific patron card. The patron may access the patron card via the patron kiosk 212 before or after the patron plays the game”; [0075]); (g) tallying, by the computer, the received game data for the recognized tag (DuPlessie, [0058], “the exit monitor 214 may display a status of the game, including a status level identifying the game status or level of award achieved. For example, the exit monitor 214 may display three stars, where each star resembles a level of award achieved (e.g., three stars being the highest award, etc.)”; [0109]; [0129], “the game performance data may display the reward earned from playing the game … a data storage element (e.g., patron card 430) for each patron 530. As can be appreciated, the memory 552 may access the data storage element for each patron 530, where the memory 552 adjusts an amount of digital currency (e.g., stars, coins, keys, tokens, points, etc.) based on a feedback from the processor 554.”; [0140]); and (h) displaying, at a public display and in response to guest input of the recognized tag, at least a portion of the tallied game data for the recognized tag (DuPlessie, [0058], “the exit monitor 214 may display a status of the game, including a status level identifying the game status or level of award achieved. For example, the exit monitor 214 may display three stars, where each star resembles a level of award achieved (e.g., three stars being the highest award, etc.)”; [0109]; [0129], “the game performance data may display the reward earned from playing the game”; [0140]; [0053]). DuPlessie does not explicitly disclose (e) a public display of a periodic table comprising the first category with the first assigned identified activity and the second category with the second assigned identified activity in the second category; nor disclose wherein the computer is further configured to selectively display the tally on the public display comprising the periodic table. DuPlessie does not explicitly disclose wherein the plurality of identified activities are species of the given category; nor disclose at least a portion of the tallied game data for the recognized tag in a periodic table, the periodic table including the plurality of categories and the identified activities, wherein the identified activities within the respective category are contiguous in the periodic table. Hanson (US 2013/0296007 A1) teaches a game that relies on virtual synthesis of compounds based on building blocks for these compounds, such as the elements of the periodic table (Hanson, Abstract). Hanson teaches (e) a public display of a periodic table comprising the first category with the first assigned identified activity and the second category with the second assigned identified activity in the second category (Hanson, figs. 1A – 1B shows a public display of a periodic table for plurality of players; [0042], “The Metals include 6 groups of metals, namely: Alkali metals, Alkaline Earth metals, Transition metals, Lanthanoids, Actinoids and Post Transitional Metals”; the groups are the categories of elements in the periodic table) wherein the computer is further configured to selectively display the tally on the public display comprising the periodic table (Hanson, fig. 1A – 1B; [0039], “The score of each player is then updated based on the value assigned to the compound”; [0018], “updating and displaying score of each player based on the value assigned to the compound”) and wherein the plurality of identified activities are species of the given category (Hanson, figs. 1A – 1B; [0042], “The Metals include 6 groups of metals, namely: Alkali metals, Alkaline Earth metals, Transition metals, Lanthanoids, Actinoids and Post Transitional Metals”; the groups are the categories of elements in the periodic table); nor disclose at least a portion of the tallied game data for the recognized tag in a periodic table, the periodic table including the plurality of categories and the identified activities, wherein the identified activities within the respective category are contiguous in the periodic table (Hanson, [0046], “system presents the elements (20) of the periodic table”; fig. 2, 20 - “Presentation of Elements”). The substitution of one known element (outer space themed games as shown in DuPlessie) for another (periodic table as shown in Hanson) would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, since the substitution of the subject matter in DuPlessie would have yielded predictable results, namely, in order to provide gaming platform to synthesize compound using periodic table and such platform can be exciting and grab the attention of a player (Hanson, [0004]). DuPlessie does not explicitly teaches (e) a public display … the first subset of the plurality of video game related interactives that is physically located in the first gallery … the second subset of the plurality of video game related activities that is physically located in the second gallery. Weston et al. (US 2012/0258802 A1) teaches an invention provide a unique interactive game that connects both physical and virtual play environments and includes multiple dynamic layers in which a participant may complete a variety of challenges and/or tasks (Weston, Abstract). Weston teaches a Weston teaches (e) a public display comprising the first category with the first assigned identified activity associated with the first subset of the plurality of video game related interactives that is physically located in the first gallery and the second category with the second assigned identified activity associated with the second subset of the plurality of video game related activities that is physically located in the second gallery (Weston, figs. 34A – 34D; Weston teaches a public display on a computer display in a public places such as: a theme park, a museum, or a play facility (Weston, [0247], “The play facility may comprise a family entertainment center, retail entertainment space, arcade, theme park, destination resort, restaurant, or the like, themed as a magic training center or any variety of other suitable themes as may be desired”; [0329]); wherein the video games are organized in galleries (Weston, figs. 37A – 40G; i.e., fig. 38A – 38D). Weston teaches a first / second categories or a first / second assigned identified activity – fig. 34C, “Vanquish The Dragon, Help the pixies, Meet the duel master …”; Weston teaches each category / assigned identify activity includes plurality of video games / tasks; i.e., [0377], “the participant is required to complete a plurality of tasks or steps prior to completing the adventure”; [0375], “For instance, once the participant has completed a plurality of quests, he or she may move on to an adventure”; [0247], “These may be physical play objects configured with special effects, as illustrated, and/or they may be graphical or computer-generated images displayed”; [0254], “The game 500 basically comprises a 3x7 grid of lighted squares (including optional visual graphics and/or sound effects) that are controlled by a game effects controller (not shown) and one or more RF receivers (not shown)”; Weston teaches a plurality of video games related to the selected adventure (Weston, fig. 36-2, “Computer Game 1”, “Computer Game 2”, “Computer Game 3”… in different physical locations; i.e., [0307], “The game is carried out in multiple venues and using multiple entertainment mediums”; [0346], “The magic wand may then activate one or more sensors around a play space that allow a computer to track the participant's movement and progress within the game 600”). Therefore, in view of Weston, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method/system described in DuPlessie, by providing the first/second categories / first/second subset of video games located in first and second physical galleries as taught by Weston, in order to provide exciting and entertaining games and toys that increase learning and entertainment opportunities for children and stimulate creativity and imagination (Weston, [0009]). A player is given a choice to choose which category (adventure including subset of tasks) based on degree of difficult and skill required (Weston, [0119]). Re claim 2: 2. The system of claim 1, wherein a number of activities is greater than the number of categories (DuPlessie, [0053], “The modular game rooms 200 may each include different games or challenges different from the other modular game rooms 200 present in the interactive physical environment. In other embodiments, certain ones of the modular game rooms 200 may provide similar games or challenges. In some of these embodiments, game rooms 200 may be grouped together based on theme, e.g., a cluster of rooms may provide outer space themed games. The different games may be a combination of physical and mental challenges, although other game types may be contemplated”; Hanson, figs. 1A – 1B; [0042], “The Metals include 6 groups of metals, namely: Alkali metals, Alkaline Earth metals, Transition metals, Lanthanoids, Actinoids and Post Transitional Metals”; the groups are the categories of elements in the periodic table). Re claim 3: 3. The system of claim 1, wherein a plurality of identified activities within an associated category are contiguous in the periodic table (Hanson, figs. 1A – 1B; [0042], “The Metals include 6 groups of metals, namely: Alkali metals, Alkaline Earth metals, Transition metals, Lanthanoids, Actinoids and Post Transitional Metals”; the groups are the categories of elements in the periodic table). Re claim 4: 4. The system of claim 1, wherein each category is a generic activity encompassing the plurality activities within the at least one category (DuPlessie, [0053], “The modular game rooms 200 may each include different games or challenges different from the other modular game rooms 200 present in the interactive physical environment. In other embodiments, certain ones of the modular game rooms 200 may provide similar games or challenges. In some of these embodiments, game rooms 200 may be grouped together based on theme, e.g., a cluster of rooms may provide outer space themed games. The different games may be a combination of physical and mental challenges, although other game types may be contemplated”; Hanson, figs. 1A – 1B; [0042], “The Metals include 6 groups of metals, namely: Alkali metals, Alkaline Earth metals, Transition metals, Lanthanoids, Actinoids and Post Transitional Metals”; the groups are the categories of elements in the periodic table). Re claim 5: 5. The system of claim 1, wherein a subset of the plurality of video game related interactives are video games (DuPlessie, [0053], “The modular game rooms 200 may each include different games or challenges different from the other modular game rooms 200 present in the interactive physical environment. In other embodiments, certain ones of the modular game rooms 200 may provide similar games or challenges. In some of these embodiments, game rooms 200 may be grouped together based on theme, e.g., a cluster of rooms may provide outer space themed games. The different games may be a combination of physical and mental challenges, although other game types may be contemplated”; Hanson, figs. 1A – 1B; [0042], “The Metals include 6 groups of metals, namely: Alkali metals, Alkaline Earth metals, Transition metals, Lanthanoids, Actinoids and Post Transitional Metals”; the groups are the categories of elements in the periodic table). Re claim 6: 6. The system of claim 1, further comprising linking an avatar to the tag, wherein at least one of the video game related interactives is configured to include the avatar in game play (DuPlessie, fig. 48, “Patron Avatar”). Re claim 8: 8. The system of claim 1, wherein the tag is an active radio frequency identification device (RFID) tag (DuPlessie, [0057], “RFID … a Bluetooth device”). Re claim 9: 9. The system of claim 1, wherein the tag is a wireless non-contact radio frequency to transfer data (DuPlessie, [0003], “A radio frequency identification (RFID) tag”). Re claim 11:11. The system of claim 1, further comprising a status station which displays the number of identified activities achieved by the user from a subset of the video game related interactives (DuPlessie, [0058], “the exit monitor 214 may display a status of the game, including a status level identifying the game status or level of award achieved. For example, the exit monitor 214 may display three stars, where each star resembles a level of award achieved (e.g., three stars being the highest award, etc.)”; [0109]; [0129], “the game performance data may display the reward earned from playing the game”; [0140]). Re claim 12: 12. The system of claim 1, wherein the first category is a first verb and the second category is a second verb (DuPlessie, [0060], “The first screen may display the instructions and how to achieve the objective”; [0003], “a first game configuration and a second game configuration”; [0013], “game components present a second challenge requiring reconfiguration”). Re claim 14: 14. The method of claim 13, further comprising linking an avatar to the linked tag (DuPlessie, fig. 48, “Patron Avatar”). Re claim 15: 15. The method of claim 13, wherein the tag is a radio frequency identification device (RFID) tag (DuPlessie, [0057], “RFID … a Bluetooth device”). Re claim 16: 16. The method of claim 13, further comprising displaying an avatar linked to the guest as a part of the given video game related interactive (DuPlessie, [0004], “the screen displays an avatar associated with the patron that is received from the control system”). Re claim 17: 17. The method of claim 13, further comprising assigned a first verb as the first category and a second verb as the second category (DuPlessie, [0060], “The first screen may display the instructions and how to achieve the objective”; [0003], “a first game configuration and a second game configuration”; [0013], “game components present a second challenge requiring reconfiguration”). Re claim 18: 18. The system of Claim 1, wherein the first assigned identified activity is a first achievement and the second assigned identified activity is a second achievement different from the first achievement (DuPlessie, [0146]; [0147], “present disclosure may be implemented using existing computer processors, or by a special purpose computer processor for an appropriate system”; [0012], “the data structure responsive to the received patron game performance data, and storing the updated data structure in the data storage element”; [0141], “the data storage element may store a patron identifying information”; [0058], “the exit monitor 214 may display a status of the game, including a status level identifying the game status or level of award achieved. For example, the exit monitor 214 may display three stars, where each star resembles a level of award achieved (e.g., three stars being the highest award, etc.)”; [0109]; [0129], “the game performance data may display the reward earned from playing the game”; [0140]; Weston, [0362], “The participant may even be awarded a certain level or title as he or she gathers points (for example, 0-1000 points is an Apprentice Magi; 1000-2000 points is a Beginning Magi; 2000-5000 points is an Advanced Magi; and over 5000 points is a Master Magi)”). Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over DuPlessie (US 2022/0398799 A1) in view of Hanson (US 2013/0296007 A1) and Weston et al. (US 2012/0258802 A1) as applied to claim 18 above, and further in view of Sarmenta (US 2013/0159040 A1) Re claim 19: DuPlessie does not explicitly discloses achievements are tallied and selectively display. Sarmenta teaches 19. The system of Claim 18, wherein the achievements are tallied and selectively displayed on the periodic table (Sarmenta, fig. 9, “Leaderboard”, “Category 1”, “Category 2”; [0071]). Therefore, in view of Sarmenta, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system and method described in DuPlessie, by providing the leaderboard with different categories as taught by Sarmenta, since leaderboards (or scoreboards) as well as a reward system may encourage further participation in the information collection service (or a game of the information collection service) (Sarmenta, [0071]). Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over DuPlessie (US 2022/0398799 A1) in view of Hanson (US 2013/0296007 A1) and Weston et al. (US 2012/0258802 A1) as applied to claim 1 above, and further in view of Schmidt (US 2020/0360826 A1) Re claims 7 and 10: DuPlessie does not explicitly disclose a passive RFID tag and NFC. Schmidt teaches an immersive gaming facility has a plurality of game rooms, each with a respective interactive gaming space with electronically controlled interactive game elements (Schmidt, Abstract). Schmidt teaches 7. The system of claim 1, wherein the tag is a passive radio frequency identification device (RFID) tag. 10. The system of claim 1, wherein the tag provides near field communication (Schmidt, [0052], “passive RFID or NFC device”). Therefore, in view of Schmidt, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system and method described in DuPlessie, by providing the passive RFID and NFC as taught by Schmidt, in order to store a unique identifier to be read by co-operable RFID or NFC readers without integrating a power source. Response to Arguments Applicant's arguments filed 2/5/2026 have been fully considered but they are not persuasive. Applicant argues: DuPlessie would at best suggest the same video game related interactivity, not a plurality of video game related interactivities-substituting outer spaced themed games for the periodic table of Hanson would suggest a single activity of synthesizing compounds. According to MPEP 2111 [R-5], during patent examination, the pending claims must be “given their broadest reasonable interpretation consistent with the specification.” The Federal Circuit’s en banc decision in Phillips v. AWH Corp., 415 F.3d 1303, 75 USPQ2d 1321 (Fed. Cir. 2005) expressly recognized that the USPTO employs the “broadest reasonable interpretation” standard. The Examiner submits that different themed games represent different games type (DuPlessie, [0053], “game rooms 200 may be grouped together based on theme, e.g., a cluster of rooms may provide outer space themed games. The different games may be a combination of physical and mental challenges, although other game types may be contemplated. The different challenges may require patrons to exercise a combination of strength, agility, skill, logic, memory, and communication, although other challenges may be contemplated”; [0055], “the modular game rooms 200”). Applicant argues there is no teaching or suggestion of how a plurality of video games related interactivities can be associated with the elements of Hanson or how the elements listed in the periodic table are associated with the physical gallery location of the plurality of video game related interactives. The Examiner has cited Weston et al. (US 2012/0258802 A1) to teaches a plurality of gallery location of a plurality of video games. 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 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 JACK YIP whose telephone number is (571)270-5048. The examiner can normally be reached Monday thru Friday; 9:00 AM - 5:00 PM 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, XUAN THAI can be reached at (571) 272-7147. 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. /JACK YIP/Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Feb 21, 2023
Application Filed
Sep 03, 2025
Non-Final Rejection — §103
Feb 05, 2026
Response Filed
Mar 17, 2026
Final Rejection — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
33%
Grant Probability
70%
With Interview (+37.6%)
4y 1m
Median Time to Grant
Moderate
PTA Risk
Based on 702 resolved cases by this examiner. Grant probability derived from career allow rate.

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