Prosecution Insights
Last updated: August 06, 2026
Application No. 18/177,085

DEVICES THAT INCLUDE A DRIED REAGENT:SUBSTRATE COMPLEX AND METHODS FOR GENERATING SUCH COMPLEXES AND DEVICES

Final Rejection §112
Filed
Mar 01, 2023
Priority
Mar 01, 2022 — provisional 63/315,330
Examiner
MONTGOMERY, ANN Y
Art Unit
1678
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Argonaut Manufacturing Services, Inc.
OA Round
2 (Final)
69%
Grant Probability
Favorable
3-4
OA Rounds
4m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 69% — above average
69%
Career Allowance Rate
463 granted / 667 resolved
+9.4% vs TC avg
Strong +27% interview lift
Without
With
+27.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
38 currently pending
Career history
694
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
46.8%
+6.8% vs TC avg
§102
15.5%
-24.5% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 667 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 . 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. Claim 34 is 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 34 recites the limitation "the first aliquot" in line 1. There is insufficient antecedent basis for this limitation in the claim. [For examination purposes, “the first aliquot” is interpreted to be referring to the aliquot in independent claim 32, line 3.] Allowable Subject Matter Claims 16-17, 20, 23-33 and 35-36 are allowed. Claim 34 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter. Regarding claim 16 and its dependent claims, it was not found in the prior art search a teaching or suggestion for the method further comprising: freezing the aliquot to form a first homogeneous frozen layer; depositing a second aliquot of a second liquid reagent on the first homogeneous frozen layer; freezing the second aliquot to form a reagent laminate comprising the first homogeneous frozen layer and a second homogeneous frozen layer; and treating the reagent laminate under conditions to at least partially lyophilize the reagent laminate, thereby generating a dried hybrid reagent:substrate complex on the substrate. As to claim 32 and its dependent claims, it was not found in the prior art search a teaching or suggestion for a method comprising: depositing an aliquot of a liquid reagent on a solid phase substrate having a surface for contacting the liquid reagent to form a reagent: substrate complex, wherein the surface is treated to increase hydrophilicity of the surface; freezing the aliquot on the substrate to form a frozen aliquot before treating the surface to desiccate the aliquot, depositing a second aliquot of a liquid reagent on the frozen aliquot to form a hybrid aliquot, and treating the hybrid aliquot under conditions to desiccate the hybrid aliquot thereby generating a dried reagent:substrate complex on the substrate, wherein the dried reagent:substrate complex includes a first substantially homogeneous reagent layer and a second substantially homogeneous reagent layer, the first and second substantially homogenous reagent layers being substantially unmixed with each other. Response to Arguments Applicant’s amendments have placed the claims in condition for allowance with exception of claim 34, as noted above. Should Applicant submit an After Final amendment that merely overcomes the rejection of claim 34 and places it in condition for allowance, the amendment will be entered. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ann Montgomery whose telephone number is (571)272-0894. The examiner can normally be reached Mon-Fri, 9-5:30 PM PST. 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, Greg Emch can be reached at 571-272-8149. 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. /Ann Montgomery/Primary Examiner, Art Unit 1678
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Prosecution Timeline

Mar 01, 2023
Application Filed
Apr 09, 2026
Non-Final Rejection mailed — §112
Jul 09, 2026
Response Filed
Jul 29, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
69%
Grant Probability
96%
With Interview (+27.1%)
3y 10m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 667 resolved cases by this examiner. Grant probability derived from career allowance rate.

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