Prosecution Insights
Last updated: April 19, 2026
Application No. 18/239,640

ELECTRONIC DEVICE INCLUDING A COMPOSITE ENCLOSURE COMPONENT HAVING LOCALIZED METAL NANOPARTICLES

Non-Final OA §DP
Filed
Aug 29, 2023
Examiner
AKINYEMI, AJIBOLA A
Art Unit
2649
Tech Center
2600 — Communications
Assignee
Apple Inc.
OA Round
1 (Non-Final)
80%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
746 granted / 931 resolved
+18.1% vs TC avg
Strong +19% interview lift
Without
With
+18.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
25 currently pending
Career history
956
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
66.1%
+26.1% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
2.2%
-37.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 931 resolved cases

Office Action

§DP
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. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer . Claim s 1-20 of application 18/239640 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-20 of copending Application No. 18/239582 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-20 of 18/239640 is the same as claims 1-20 of 18/239582 except for word variations. For example, claim 1 of 18/239640 discloses a display, enclosure, housing and composite cover which is also being disclosed in claim 1 of application 18/239582. S ee the table below: This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Application 18/239640 Application 18/239582 1. An electronic device comprising: a display; and an enclosure comprising: a housing defining a side surface of the enclosure; and a cover assembly coupled to the housing, a composite cover member of the cover assembly defining: a central region positioned over the display and comprising a first glass-based material; and a peripheral region at least partially surrounding the central region and comprising a second glass-based material and nanoparticles embedded in the second glass- based material, the peripheral region having a greater concentration of the nanoparticles than the central region. 1. A portable electronic device comprising: a display; a camera assembly; and an enclosure enclosing the display and comprising: a housing defining a set of side surfaces of the portable electronic device; a front cover assembly positioned over the display and defining a front surface of the portable electronic device; and a rear cover assembly positioned over the camera assembly and defining a rear surface of the portable electronic device, the rear cover assembly comprising: a composite cover member comprising a set of metallic nanoparticles and a set of non-metallic nanoparticles embedded within a glass-based material, the set of metallic nanoparticles configured to absorb at least one wavelength of light in the visible spectrum; and a polymer coating disposed over an interior surface of the composite cover member, the polymer coating configured to reflect at least a portion of light transmitted through the composite cover member. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT AJIBOLA A AKINYEMI whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-1846 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday 8:00am-5:00pm, 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, FILLIN "SPE Name?" \* MERGEFORMAT YUWEN PAN can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)-272-7855 . 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. /AJIBOLA A AKINYEMI/ Primary Examiner, Art Unit 2649
Read full office action

Prosecution Timeline

Aug 29, 2023
Application Filed
Mar 16, 2026
Non-Final Rejection — §DP (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

1-2
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+18.7%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 931 resolved cases by this examiner. Grant probability derived from career allow rate.

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