Prosecution Insights
Last updated: April 19, 2026
Application No. 18/366,648

Microwave System

Non-Final OA §103§112
Filed
Aug 07, 2023
Examiner
VAN, QUANG T
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Cibus Wave LLC
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 6m
To Grant
82%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
795 granted / 1078 resolved
+3.7% vs TC avg
Moderate +8% lift
Without
With
+8.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
23 currently pending
Career history
1101
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
27.6%
-12.4% vs TC avg
§112
12.6%
-27.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1078 resolved cases

Office Action

§103 §112
CTNF 18/366,648 CTNF 74980 Notice of Pre-AIA or AIA Status 07-03-fti AIA The present application is being examined under the pre-AIA first to invent provisions. Drawings 06-36 The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, “a pair of contact strips”, recited in claim 6, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 07-30-02 AIA 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. 07-34-01 Claims 2-8 are 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. In claim 2, the term “a support sheet extending perpendicular across and supported by at least two support elements of plurality of support elements..” recited in lines 1-3, is indefinite because it is unclear. It is unclear of “a support sheet extending perpendicular across of what ?” Clarification or correction is needed. The dependent claims are rejected based on the inherited deficiencies of the parent claim. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-fti The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action: (a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-fti Claim 1-2, 9 and 12-13 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nakagawa et al (US 4,808,782) in view of Fritts et al (US 6,717,120). Regarding claim 1 , Nakagawa discloses microwave radiating sterilization process comprising a cavity (1A, 2A, 3A) having a central portion and a pair of opposing sidewalls (Figure 1-605); a top waveguide (11A, 21A, 22A, 11B 22B, 31B) directing a first portion of the microwave energy toward the conveyor (8) from above; and a bottom waveguide (11A, 21A, 22A, 11B 22B, 31A) directing a second portion of the microwave energy toward the conveyor (8) from below. However, Nakagawa does not disclose a plurality of support elements each attached to and between the pair of opposing sidewalls; a conveyor extending through the central portion of the cavity, wherein the conveyor is supported by the plurality of support elements and extends perpendicularly thereto. Fritts discloses a plurality of support elements (60) each attached to and between the pair of opposing sidewalls (Figure 1); a conveyor (35) extending through the central portion of the cavity (7), wherein the conveyor (35) is supported by the plurality of support elements (60) and extends perpendicularly thereto. It would have been obvious to one ordinary skill in the art before the filing date of the invention to utilize in Nakagawa a plurality of support elements each attached to and between the pair of opposing sidewalls; a conveyor extending through the central portion of the cavity, wherein the conveyor is supported by the plurality of support elements and extends perpendicularly thereto as taught by Fritts in order to support the conveyor to carry the food through the cavity. Regarding claim 2 , Fritts discloses a support sheet (26) extending perpendicularly across and supported by at least two support elements of the plurality of support elements (25a-25b), and wherein the conveyor (35) is supported by the support sheet. Regarding claims 9 and 12 , Fritts discloses each of the support elements (60) in the plurality of support elements has a circular cross-section (Figure 1). Regarding claim 13 , Fritts discloses “each of the support elements in the plurality of support elements are fused to the pair of opposing sidewalls” (Figure 1). The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). In this case, the term “each of the support elements in the plurality of support elements are fused to the pair of opposing sidewalls”, recited in lines 1-2, is considered a product-by-process claim; therefore, the claim recites only “the support elements” and no patentable weight is given to the recited method “ are fused ” to the pair of opposing sidewalls . 07-21-fti Claim s 14-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Nakagawa et al (US 4,808,782) in view of Fritts et al (US 6,717,120) and further in view of Delmotte et al (US 7,026,588). Regarding claim 14 , Nakagawa/Fritts discloses substantially all features of the claimed invention including top (11A, 21A, 22A, 11B 22B, 31B) and bottom (11A, 21A, 22A, 11B 22B, 31A) waveguides, but does not disclose each waveguide directs microwave energy toward the conveyor through a rectangular waveguide mouth outlet. Delmotte discloses each waveguide (24 and 40) directs microwave energy toward the conveyor (52) through a rectangular waveguide mouth outlet (Figure 2). It would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to utilize in Nakagawa/Fritts each waveguide directs microwave energy toward the conveyor through a rectangular waveguide mouth outlet as taught by Delmotte in order to delivery microwave waves to the food from the top of the chamber. Regarding claim 15 , Delmotte discloses a tray (56) in which the product is carried, wherein the tray is carried by the conveyor (52), and has a centerline and a width measured perpendicular to the conveyor (col. 5, lines 18-32). Regarding claims 16-18 , Delmotte discloses substantially all features of the claimed invention except the first width of the waveguide mouth outlet is less than the width of the tray, wherein the first width of the waveguide mouth outlet is between 33% and 80% of the width of the tray. It would have been obvious to one ordinary skill in the art at the time the invention was made to have first width of the waveguide mouth outlet is less than the width of the tray, wherein the first width of the waveguide mouth outlet is between 33% and 80% of the width of the tray in order to suite user specific application. Regarding claims 19-20 , Delmotte discloses the tray (56) is made of a non-lossy material (col. 5, lines 18-21 and col. 4, lines 1-9) . 12-151-08 AIA 07-43 12-51-08 Claim s 10-11 are 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG T VAN whose telephone number is (571)272-4789. The examiner can normally be reached Mon-Fri 9:00-6:00. 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, Steven W Crabb can be reached at 571-270-5095. 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. /QUANG T VAN/Primary Examiner, Art Unit 3761 November 28, 2025 Application/Control Number: 18/366,648 Page 2 Art Unit: 3761 Application/Control Number: 18/366,648 Page 3 Art Unit: 3761 Application/Control Number: 18/366,648 Page 4 Art Unit: 3761 Application/Control Number: 18/366,648 Page 5 Art Unit: 3761 Application/Control Number: 18/366,648 Page 6 Art Unit: 3761 Application/Control Number: 18/366,648 Page 7 Art Unit: 3761
Read full office action

Prosecution Timeline

Aug 07, 2023
Application Filed
Nov 28, 2025
Non-Final Rejection — §103, §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

1-2
Expected OA Rounds
74%
Grant Probability
82%
With Interview (+8.4%)
3y 6m
Median Time to Grant
Low
PTA Risk
Based on 1078 resolved cases by this examiner. Grant probability derived from career allow rate.

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