Prosecution Insights
Last updated: April 19, 2026
Application No. 18/281,473

MIXTURES OF META AND PARA SUBSTITUTED 4-ISOBUTYL-CYCLOHEXANE AS AROMA INGREDIENT

Non-Final OA §103
Filed
Sep 11, 2023
Examiner
TOOMER, CEPHIA D
Art Unit
1771
Tech Center
1700 — Chemical & Materials Engineering
Assignee
BASF Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
76%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
999 granted / 1348 resolved
+9.1% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
43 currently pending
Career history
1391
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
8.0%
-32.0% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1348 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. Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. The disclosure is objected to because of the following issues: Applicant is claimed a cyclohexane compound. However, in the examples, Applicant states that the products are cyclohexene products. Applicant should provide evidence that he possessed, controlled and produced cyclohexane produces. I f the error is typographical , Applicant should provide a declaration to support this. Appropriate correction is required. 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. Claim s 17-30 are rejected under 35 U.S.C. 103 as being unpatentable over JPH0376796 (appears on PTO-1449 and PTO-892 ) . JPH teaches a perfume comprising 1-(4-alkylcyclohe x yl)ethanol as an essential component. The compound has the following formula wherein R is isobutyl (see claim 1 of translation and original document ). JPH teaches that isomers of the compound are formed during synthesis (see page 2). The compound has a flower-like odor and is used in perfumes, soaps, shampoos, air fresheners, etc . When mixed with a blended fragrance the content of the compound present is from 0.1-50 % by weight (page 2 and page 3). JPH meets the limitations of the claims other than the differences that are set forth below. JPH does not specifically teach the meta isomer of the formula or the mixture of the meta and para compounds as claimed. However, no unobviousness is seen in this difference because JPH teaches the para isomer of the compounds. Compounds which are position isomers (compounds having the same radicals in physically different positions on the same nucleus) are generally of sufficiently close structural similarity that there is a presumed expectation that such compounds possess similar properties. In re Wilder, 563 F.2d 457, 195 USPQ 426 (CCPA 1977). See also In re May, 574 F.2d 1082, 197 USPQ 601 (CCPA 1978) . Furthermore, JPH teaches that isomers are formed during the synthesis of the compounds and one skilled in the art would expect some meta isomers to be present. The skilled artisan would recognize that a lesser amount of the meta isomer would be present in the mixture. JPH does not specifically teach the aroma impressions as those set forth in the claims. However, no unobviousness is seen in this difference because JPH teaches that the compound of its invention may be used in perfumes, soaps, shampoos, detergents, hair sprays, fragrances, etc. The skilled artisan would recognize that some of these products would possess the claimed aroma impressions. Claim 31 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art does not teach or suggest the process for preparing the compound of formula (I). The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art teaches alkylcyclohexyl ethanol compounds. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CEPHIA D TOOMER whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1126 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday . 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 Prem Singh can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6368 . 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. /CEPHIA D TOOMER/ Primary Examiner, Art Unit 1771 18281473/20260310
Read full office action

Prosecution Timeline

Sep 11, 2023
Application Filed
Mar 10, 2026
Non-Final Rejection — §103 (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
74%
Grant Probability
76%
With Interview (+2.3%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1348 resolved cases by this examiner. Grant probability derived from career allow rate.

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