Prosecution Insights
Last updated: April 17, 2026
Application No. 18/383,203

COMPOSITION INCLUDING EFFERVESCENT AGENTS, BIOSTIMULANT, NUTRIENT, AND PESTICIDE

Non-Final OA §102
Filed
Oct 24, 2023
Examiner
SMITH, JENNIFER A
Art Unit
1731
Tech Center
1700 — Chemical & Materials Engineering
Assignee
unknown
OA Round
1 (Non-Final)
61%
Grant Probability
Moderate
1-2
OA Rounds
3y 2m
To Grant
88%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allow Rate
530 granted / 863 resolved
-3.6% vs TC avg
Strong +26% interview lift
Without
With
+26.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
53 currently pending
Career history
916
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
47.4%
+7.4% vs TC avg
§102
22.9%
-17.1% vs TC avg
§112
22.8%
-17.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 863 resolved cases

Office Action

§102
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. Priority This application repeats a substantial portion of prior Application No. 18/377,386 , filed 10/06/2023 , and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S .C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows: The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc. , 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994). The disclosure of the prior-filed application s ( Application No. 18/102,003, 17/667,880, 17/552,277, 16/382,537 and 16/382,591) fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for the claims of this application. Information Disclosure Statement The information disclosure statement (IDS) submitted on 10 /24/2023 has been considered by the examiner. Claim Objections Claim s 12-14 are objected to because of the following informalities: The claims do not use standard scientific nomenclature. Italics are used for biological taxa at the level of family and below . In particular: In particular: A genus (or genus group ) is always italicized and capitalized , even when not paired with a species or subspecies name, and whether given in full or abbreviated: Allosaurus , Falco , Anas , and the "E." in E. coli . Supergenus and subgenus , when applicable, are treated the same way. A genus section is only capitalized. Any lower (infrageneric) taxa are italicized, i.e. species and (when applicable) subspecies and other formal infraspecific names. They are never capitalized, even where based on a proper name (except for viruses). Examples: the tulip tree is Liriodendron chinense ; all modern humans are Homo sapiens ; the peninsula newt is Notophthalmus viridescens piaropicola . Except in viruses, a species (or subspecies) name is always preceded by the genus name, or a capitalized abbreviation of it when the meaning of the abbreviation is clear in context. Viruses are so narrowly named at the species level (e.g. Human herpesvirus-5 ) that including the genus would usually be superfluous, and they are capitalized like a genus. The word "virus" at the end of a viral species or genus name is not capitalized. Claim 14 recites : “Cordyceps sinensis” and “Ophiocordyceps sinensis” as separate components but these terms are synonyms of each other. “Ganoderma lucidum” and “Ganoderma lingzhi ” as separate components but these terms are synonyms of each other. “ Trametes versicolor” and “ Coriolus versicolor” as separate components but these terms are synonyms of each other. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale , or otherwise available to the public before the effective filing date of the claimed invention. Claim 12 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Slavtcheff et al. (US Patent No. 6,506,713) . In regard to claim 12, Slavtcheff et al. teach a composition, comprising: a n acid [col. 2, line 34] , a bicarbonate (e.g. an alkaline material ; suitable alkaline materials are salts of bicarbonates) [col. 2, lines 33-34; col. 3, lines 30-31], and plant solids wherein the plant solids are botanicals such as hops [col. 2, line 52], wherein hops is the common name for the hop plant Humulus lupulus . Claim 13 i s rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Nivorozhkin ( WO - 2022243285 ) . In regard to claim 13 , Nivorozhkin teaches a composition (e.g. effervescent composition) [pg. 62, line 29] , comprising: an acid (e.g. organic acids) [pg. 63, line 2] , a bicarbonate (e.g. a source of carbon dioxide; source of carbon dioxide includes sodium bicarbonate) [pg. 63, line 2; pg. 60, lines 1-2] and at least one selected from the group of psilocybin, psilocin, and combinations thereof (e.g. a therapeutically effective amount of Formula I; Formula I include psilocybin compounds) [pg. 24, lines 17-18; pgs. 25-35] . Claim 14 is rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kim ( KR-20020046863 ) . In regard to claim 14 , Kim teaches a composition, comprising: a n acid (e.g. organic acid) , a bicarbonate (e.g. sodium bicarbonate or potassium bicarbonate) [pg. 3, 5 th para.] , and Ganoderma lucidum (e.g. an edible plant; the edible plant is Ganoderma lucidum ) [pg. 3, 2 nd to last para.] . Conclusion It appears the inventor(s) filed the current application pro se (i.e., without the benefit of representation by a registered patent practitioner). While inventors named as applicants in a patent application may prosecute the application pro se, lack of familiarity with patent examination practice and procedure may result in missed opportunities in obtaining optimal protection for the invention disclosed. The inventor(s) may wish to secure the services of a registered patent practitioner to prosecute the application, because the value of a patent is largely dependent upon skilled preparation and prosecution. The Office cannot aid in selecting a patent practitioner. A listing of registered patent practitioners is available at https://oedci.uspto.gov/OEDCI/ . Applicants may also obtain a list of registered patent practitioners located in their area by writing to Mail Stop OED, Director of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Enter examiner's name" \* MERGEFORMAT Jennifer A Smith whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-3599 . The examiner can normally be reached FILLIN "Work schedule?" \* MERGEFORMAT Monday - Friday 9:30am-6pm 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 Amber R Orlando can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 270-3149 . 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. /JENNIFER A SMITH/ Primary Patent Examiner, Art Unit 1731 March 1 8 , 2026
Read full office action

Prosecution Timeline

Oct 24, 2023
Application Filed
Dec 10, 2025
Response after Non-Final Action
Mar 18, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12590042
LIQUID HUMIC ACID EXTRACT
2y 5m to grant Granted Mar 31, 2026
Patent 12570586
DUAL FERTILIZER COMPOSITION INCLUDING AMMONIUM ACETATE AND USES THEREOF
2y 5m to grant Granted Mar 10, 2026
Patent 12570584
CALCIUM CYANAMIDE FERTILIZER WITH TRIAZONE
2y 5m to grant Granted Mar 10, 2026
Patent 12552725
USE OF A LIQUID COMPOSITION FOR COATING PARTICLES
2y 5m to grant Granted Feb 17, 2026
Patent 12552726
INCORPORATION OF BIOLOGICAL AGENTS IN FERTILIZERS
2y 5m to grant Granted Feb 17, 2026
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
61%
Grant Probability
88%
With Interview (+26.3%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 863 resolved cases by this examiner. Grant probability derived from career allow rate.

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