Prosecution Insights
Last updated: April 19, 2026
Application No. 18/275,504

Method and Device for Demoulding a Confectionery Item from a Casting Mould

Final Rejection §102§103
Filed
Aug 02, 2023
Examiner
MALIK, VIPUL
Art Unit
1754
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Winkler And Dünnebier Süßwarenmaschinen GmbH
OA Round
2 (Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
2y 8m
To Grant
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
41 granted / 63 resolved
At TC average
Strong +39% interview lift
Without
With
+38.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
49 currently pending
Career history
112
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
50.3%
+10.3% vs TC avg
§102
13.9%
-26.1% vs TC avg
§112
32.0%
-8.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 63 resolved cases

Office Action

§102 §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 Response to Amendment In view of the amendment, filed on January 21st, 2026, the following are withdrawn from the previous office action, mailed on October 21st, 2025. Objections of claims 7, 16, 19, 21 and 23 due to minor informalities Rejections of claims 7-11 and 15-23 under 35 U.S.C. 112(b) are withdrawn in view of the amendments Response to Arguments Applicant's arguments filed January 21st, 2026, have been fully considered but they are not persuasive. Applicant argues the office action interpreted “a means (11) for performing a detachment movement” in a way different than discussed in specification [0057]. Examiner respectfully disagrees. The limitation of “a means for performing a detachment movement” is being interpreted under 35 U.S.C. 112(f) and is therefore being interpreted to cover the corresponding structure described in the specification as performing the claimed function and equivalents thereof. The instant specification recites that there are a number of alternative means for performing this detachment movement. Specification paragraph [0019] states “The detachment movement can be performed exclusively or additionally with a movement component in a direction orthogonal to the plane of the casting mold.” Specification paragraph [0020] states “Furthermore, the detachment movement can be generated with a transport system according to DE 10 2019 101 290 B3.” Specification paragraph [0030] states “A suitable means for performing a detachment movement is set up to introduce a shaking/vibration into the casting mold. For this purpose, the means can be provided with a simple tapping element which can tap against the casting mold at a suitable frequency and sets it in a shaking movement.” Specification paragraph [0031] states “Alternatively, the means for performing the detachment movement can be connected to a casting mold receiver as a carrier element, which carries the casting mold, for example a vibration generator, which is coupled to the casting mold receiver. The casting mold carried on by the casting mold receiver is then indirectly set in vibration. The vibration generator can generate the detachment movement of the casting mold receiver pneumatically or hydraulically, or electrically.” As the specification recites a number of different structures for producing a detachment movement, the broadest reasonable interpretation of the claim element is limited by the description of one of the various means in the specification and equivalents thereof. Applicant argues Walther would not teach the desired operation of lever 11 to cause the asserted alternating forces. Examiner respectfully disagrees. Examiner wishes to point out to Applicant that the claims are directed to an apparatus/a system and therefore are only limited by positively recited elements. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, it is well settled that the intended uses of and the particular material used in an apparatus have no significance in determining patentability of apparatus claims. A recitation with respect to manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claims. See MPEP 2114 (II) and 2115 for further details. Walther discloses eccentric cams 17 that are pivotable about a horizontal axis 18 (Fig. 1; [0011]). The pivoting motion is caused by back and forth movement of elements 20 and 11, the movement of which is shown in Figure 1 by double-sided arrows describing the movement. The pivoting movement by the eccentric cams 17 releases the shell body from its adhesive connection with the mold cavities 3 (Fig. 1; [0011]). Therefore, the device of Walther provides a means of detachment movement that is capable of alternating/oscillating in order to reduce the adhesive force between a confectionary item and a mold cavity as required by the claims. Applicant argues Walther does not teach the application of any movement to the mold. Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (“application of any movement to the mold”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See MPEP 2145 (VI). Applicant argues it is unclear how lever 11 could cause a circular motion given its structure. Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (“a circular motion”) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See MPEP 2145 (VI). Furthermore, Walther discloses eccentric cams 17 that are pivotable about a horizontal axis 18 (Fig. 1; [0011]). The pivoting motion is caused by back and forth movement of elements 20 and 11, the movement of which is shown in Figure 1 by double-sided arrows describing the movement. Walter also discloses a large-stroke lifting device 14 capable of moving upwards to lift the eccentric cams 17 (Fig. 1). From this disclosure, one of ordinary skill in the art would recognize the eccentric cams 17 are capable of eccentric movement, which is a form of circular motion. Claim Interpretation Examiner wishes to point out to Applicant that the claims are directed to an apparatus/a system and therefore are only limited by positively recited elements. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114 (II) and 2115 for further details. The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Claim 7 recites "a means (11) for performing a detachment movement" which includes the structural generic placeholder of "a means" associated with the functional limitation of “for performing a detachment movement". The specification defines corresponding structure for the claimed generic placeholder of "a means" to include a movement component ([0019]), a tapping element ([0030]), a vibration generator ([0031]) or a casting mold receiver ([0031]). Claim 16 recites "a means (11) for performing an oscillating or rotating detachment movement" which includes the structural generic placeholder of "a means" associated with the functional limitation of “for performing an oscillating or rotating detachment movement". The specification defines corresponding structure for the claimed generic placeholder of "a means" to include a movement component ([0019]), a tapping element ([0030]), a vibration generator ([0031]) or a casting mold receiver ([0031]). This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: Claim 10 recites "a movement unit (7) for the gripping arrangement (5)…the gripping arrangement (5) is movable by means of the movement unit (7) at least in two movement directions" which includes the structural generic placeholder of "a movement unit" associated with the functional limitation of “for moving the gripping arrangement at least in two movement directions". The specification defines corresponding structure for the claimed generic placeholder of "a movement unit" to include a lifting unit and a sideways unit ([0053]). Claim 18 recites "a movement unit (7) is provided for the gripping assembly (5)…the gripping assembly (5) can be moved by the movement unit (7) at least in two movement directions" which includes the structural generic placeholder of "a movement unit" associated with the functional limitation of “for moving the gripping assembly at least in two movement directions". The specification defines corresponding structure for the claimed generic placeholder of "a movement unit" to include a lifting unit and a sideways unit ([0053]). Claim 20 recites "a movement unit (7) is provided for the gripping assembly (5)…the gripping assembly (5) can be moved by the movement unit (7) at least in two movement directions" which includes the structural generic placeholder of "a movement unit" associated with the functional limitation of “for moving the gripping assembly at least in two movement directions". The specification defines corresponding structure for the claimed generic placeholder of "a movement unit" to include a lifting unit and a sideways unit ([0053]). Claim 22 recites "a movement unit (7) is provided for the gripping assembly (5)…the gripping assembly (5) can be moved by the movement unit (7) at least in two movement directions" which includes the structural generic placeholder of "a movement unit" associated with the functional limitation of “for moving the gripping assembly at least in two movement directions". The specification defines corresponding structure for the claimed generic placeholder of "a movement unit" to include a lifting unit and a sideways unit ([0053]). Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 7, 9-11, 15, 16 and 18-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walther (DE 954026 C; paragraph numbers correspond to previously attached English machine translation). Regarding claim 7, Walther discloses a device for demolding (Fig. 1-2; [0009]; device for releasing chocolate shell bodies) at least one confectionery item (Fig. 1-2; [0010]; chocolate shell bodies 2) from a cavity (Fig. 1; [0011]; mold bed 3) of a casting mold (Fig. 1; [0010]; chocolate molds i), the device comprising: a gripping arrangement (Fig. 1; [0010]; arrangement of lids 4, suction lines 6 and vacuum generator/vessel function to grip chocolate shell bodies 2) with at least one suction element (Fig. 1-2; [0010]; suction lines 6); and a means for performing a detachment movement (Fig. 1; [0011]; eccentric cams 17) is provided for a confectionery item (Fig. 1-2; [0010]; chocolate shell bodies 2), an outer boundary layer of which adheres in a sticking manner in the cavity of the casting mold ([0011]; the shell body has an adhesive connection with the mold bed 3), in that alternating forces can be introduced into the confectionery item via the means for performing the detachment movement (Fig. 1; [0011]; eccentric cams 17 are pivotable about a horizontal axis 18, such that the back and forth movement of 11 introduces alternating forces in chocolate shell bodies 2). Walther discloses all the positively recited elements recited by instant claim 7 and is therefore capable of performing the intended use of generating deformations on a boundary layer of the confectionary item, with the result that a force of adhesion of the confectionery item in the cavity can be released to such an extent that coupling suction forces of the at least one suction element are sufficient in order to take the confectionery item out of the cavity by means of the at least one suction element. This intended use is also described in specification paragraph [0011] of Walther, wherein the pivoting via cams 17 allows the chocolate shells bodies 2 to be gently released from their adhesive connection with the mold bed 3. Regarding claim 9, Walther discloses the device according to claim 7, wherein the means for performing the detachment movement is set up for generating an oscillating or circling detachment movement (Fig. 1; [0011]; eccentric cams 17 are pivotable about a horizontal axis 18, such that the back and forth movement of 11 may introduce an oscillating or circling movement in chocolate shell bodies 2). Regarding claim 10, Walther discloses the device according to claim 7, further comprising a movement unit (Fig. 1; [0013]; assembly of lifting frame 10 and reciprocating lever 11) for the gripping arrangement is provided, and in that the gripping arrangement is movable by means of the movement unit at least in two movement directions (Fig. 1; [0013]; gripping arrangement can move up and down via lifting frame 10 and back and forth via reciprocating lever 11). Regarding claim 11, Walther discloses the device according to claim 7, wherein the gripping arrangement has an air chamber ([0010]; vacuum vessel), at least two suction elements (Fig. 2; [0010]; at least two suction lines 6) connected to the air chamber are provided ([0010]; all suctions lines 6 connect to the vacuum vessel), and each suction element is provided with a flow resistance (Fig. 1-2; [0010]; lids 4 seal against outside air so that vacuum is generated in the interior). Regarding claim 15, Walther discloses the device according to claim 10, wherein the two movement directions include translationally in a sideways direction back and forth (Fig. 1; [0013]; gripping arrangement can move back and forth via reciprocating lever 11) and a vertical direction up and down (Fig. 1; [0013]; gripping arrangement can move up and down via lifting frame 10). Regarding claim 16, Walther discloses a device for unmolding (Fig. 1-2; [0009]; device for releasing chocolate shell bodies) at least one confectionery item (Fig. 1-2; [0010]; chocolate shell bodies 2) from a cavity (Fig. 1; [0011]; mold bed 3) of a mold (Fig. 1; [0010]; chocolate molds i), the device comprising: a gripping assembly (Fig. 1; [0010]; arrangement of lids 4, suction lines 6 and vacuum generator/vessel function to grip chocolate shell bodies 2) with at least one suction element (Fig. 1-2; [0010]; suction lines 6); a means for performing an oscillating or rotating detachment movement (Fig. 1; [0011]; eccentric cams 17) for the at least one confectionery item, an outer boundary layer of which adhesively sticks to the cavity of the mold ([0011]; the shell body has an adhesive connection with the mold bed 3), in that the means is prepared in such a way that the oscillating or rotating detachment movement can be performed by the at least one suction element (Fig. 1; [0011]; eccentric cams 17 are pivotable about a horizontal axis 18, such that the back and forth movement of 11 may introduce an oscillating or circling movement in the arrangement comprising the suction lines 6), wherein the at least one suction element can be brought into contact with a bottom of the at least one confectionery item which points upwards (Fig. 1; suction lines 6 may contact the top of the chocolate shell bodies 2), and the bottom can be sucked and held in place for the oscillating or rotating detachment movement by the at least one suction element (Fig. 1; [0010]; tops of the chocolate shell bodies 2 is suctioned and held in place via suction lines 6 and the vacuum generated), and a relative movement between the at least one suction element and the mold can be produced (Fig. 1; [0013]; lifting frame 10, reciprocating lever 11 and eccentric cams 17 allow for relative movement between the suction lines 6 and the chocolate molds i), and that alternating forces can be introduced into the at least one confectionery item via the means for the oscillating or rotating detachment movement (Fig. 1; [0011]; eccentric cams 17 are pivotable about a horizontal axis 18, such that the back and forth movement of 11 introduces alternating forces in chocolate shell bodies 2). Walther discloses all the positively recited elements recited by instant claim 7 and is therefore capable of performing the intended use of generating deformations on a boundary layer of the confectionary item, with the result that a force of adhesion of the confectionery item in the cavity can be released to such an extent that coupling suction forces of the at least one suction element are sufficient in order to take the confectionery item out of the cavity by means of the at least one suction element. This intended use is also described in specification paragraph [0011] of Walther, wherein the pivoting via cams 17 allows the chocolate shells bodies 2 to be gently released from their adhesive connection with the mold bed 3. Regarding claim 18, Walther discloses the device according to claim 17, wherein a movement unit (Fig. 1; [0013]; assembly of lifting frame 10 and reciprocating lever 11) is provided for the gripping assembly and in that the gripping assembly can be moved by the movement unit in at least two directions of movement (Fig. 1; [0013]; gripping arrangement can move up and down via lifting frame 10 and back and forth via reciprocating lever 11), translationally back and forth in a lateral direction (Fig. 1; [0013]; gripping arrangement can move back and forth via reciprocating lever 11) and up and down in a vertical direction (Fig. 1; [0013]; gripping arrangement can move up and down via lifting frame 10). Regarding claim 19, Walther discloses the device according to claim 18, wherein the gripping assembly includes an air chamber ([0010]; vacuum vessel), that the at least one suction element includes two suction elements (Fig. 2; [0010]; at least two suction lines 6) connected to the air chamber ([0010]; all suctions lines 6 connect to the vacuum vessel) are provided and that each suction element is provided with a flow resistance (Fig. 1-2; [0010]; lids 4 seal against outside air so that vacuum is generated in the interior). Regarding claim 20, Walther discloses the device according to claim 16, wherein a movement unit (Fig. 1; [0013]; assembly of lifting frame 10 and reciprocating lever 11) is provided for the gripping assembly and in that the gripping assembly can be moved by the movement unit in at least two directions of movement (Fig. 1; [0013]; gripping arrangement can move up and down via lifting frame 10 and back and forth via reciprocating lever 11), translationally back and forth in a lateral direction (Fig. 1; [0013]; gripping arrangement can move back and forth via reciprocating lever 11) and up and down in a vertical direction (Fig. 1; [0013]; gripping arrangement can move up and down via lifting frame 10). Regarding claim 21, Walther discloses the device according to claim 20, wherein the gripping assembly includes an air chamber ([0010]; vacuum vessel), that the at least one suction element includes two suction elements (Fig. 2; [0010]; at least two suction lines 6) connected to the air chamber ([0010]; all suctions lines 6 connect to the vacuum vessel) are provided and that each suction element is provided with a flow resistance (Fig. 1-2; [0010]; lids 4 seal against outside air so that vacuum is generated in the interior). Regarding claim 22, Walther discloses the device according to claim 16, wherein a movement unit (Fig. 1; [0013]; assembly of lifting frame 10 and reciprocating lever 11) is provided for the gripping assembly and in that the gripping assembly can be moved by the movement unit in at least two directions of movement (Fig. 1; [0013]; gripping arrangement can move up and down via lifting frame 10 and back and forth via reciprocating lever 11). Regarding claim 23, Walther discloses the device according to claim 16, wherein the gripping assembly includes an air chamber ([0010]; vacuum vessel), that the at least one suction element includes two suction elements (Fig. 2; [0010]; at least two suction lines 6) connected to the air chamber ([0010]; all suctions lines 6 connect to the vacuum vessel) are provided and that each suction element is provided with a flow resistance (Fig. 1-2; [0010]; lids 4 seal against outside air so that vacuum is generated in the interior). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Walther (DE 954026 C; paragraph numbers correspond to attached English machine translation), in view of Bean (US 6242028 B1). Regarding claim 8, Walther discloses the device according to claim 7, wherein the casting mold is a dimensionally stable casting mold (Fig. 1-2; [0010]; chocolate molds i are shown as dimensionally stable and do not deform under detachment movement). Walther does not explicitly disclose the casting mold is a hard casting mold made of a metal or made of a solid plastic. However, Bean teaches casting molds (Fig. 7-8; Col. 6, Ln. 37-40; moulds 100) for forming confectionery items (Col. 1, 1st ¶) can be made of metal (Fig. 7-8; Col. 6, Ln. 37-40; 100 can be made of metal). Bean also discloses casting molds (Fig. 1; Col. 3, 3rd ¶; open-topped moulds 1) for forming confectionery items (Col. 1, 1st ¶) can be made of solid plastic (Col. 3, 3rd ¶; resilient plastics material) Walther and Bean are both considered to be analogous to the claimed invention because they are in the field of casting molds for confectionery items. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Walther with the teachings of Bean to provide the casting mold is a hard casting mold made of a metal or made of a solid plastic. It is well-known in the art of confectionery casting molds that said casting molds can be made of plastic or metal and it would have been obvious to one of ordinary skill in the art to select the material of the casting mold as metal or solid plastic as the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Regarding claim 17, Walther discloses the device according to claim 16, wherein the mold is a dimensionally stable mold (Fig. 1-2; [0010]; chocolate molds i are shown as dimensionally stable and do not deform under detachment movement). Walther does not explicitly disclose the casting mold is a hard casting mold made of a metal or made of a solid plastic. However, Bean teaches casting molds (Fig. 7-8; Col. 6, Ln. 37-40; moulds 100) for forming confectionery items (Col. 1, 1st ¶) can be made of metal (Fig. 7-8; Col. 6, Ln. 37-40; 100 can be made of metal). Bean also discloses casting molds (Fig. 1; Col. 3, 3rd ¶; open-topped moulds 1) for forming confectionery items (Col. 1, 1st ¶) can be made of solid plastic (Col. 3, 3rd ¶; resilient plastics material) Walther and Bean are both considered to be analogous to the claimed invention because they are in the field of casting molds for confectionery items. Therefore, it would have been obvious to the person in the ordinary skill in the art before the effective filing date of the invention to modify Walther with the teachings of Bean to provide the casting mold is a hard casting mold made of a metal or made of a solid plastic. It is well-known in the art of confectionery casting molds that said casting molds can be made of plastic or metal and it would have been obvious to one of ordinary skill in the art to select the material of the casting mold as metal or solid plastic as the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.07. Conclusion 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 Vipul Malik whose telephone number is (571)272-0976. The examiner can normally be reached M-F. 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, Susan Leong can be reached at (571)270-1487. 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. /V.M./Examiner, Art Unit 1754 /SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754
Read full office action

Prosecution Timeline

Aug 02, 2023
Application Filed
Oct 17, 2025
Non-Final Rejection — §102, §103
Jan 21, 2026
Response Filed
Feb 25, 2026
Final Rejection — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+38.8%)
2y 8m
Median Time to Grant
Moderate
PTA Risk
Based on 63 resolved cases by this examiner. Grant probability derived from career allow rate.

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