Prosecution Insights
Last updated: October 02, 2026
Application No. 18/489,058

DEVICES AND METHODS FOR DELIVERING A BENEFICIAL AGENT TO A USER

Non-Final OA §112
Filed
Oct 18, 2023
Priority
Dec 31, 2013 — provisional 61/922,721 +2 more
Examiner
FREDRICKSON, COURTNEY B
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
AbbVie Inc.
OA Round
4 (Non-Final)
76%
Grant Probability
Favorable
4-5
OA Rounds
2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
309 granted / 409 resolved
+5.6% vs TC avg
Strong +30% interview lift
Without
With
+29.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
45 currently pending
Career history
447
Total Applications
across all art units

Statute-Specific Performance

§101
1.7%
-38.3% vs TC avg
§103
41.3%
+1.3% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
30.8%
-9.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 409 resolved cases

Office Action

§112
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 This office action is responsive to the amendment filed on April 17, 2026. As directed by the amendment: claims 4, 8, 10, 16, 19, 21, 28, 34, 42, 45, 47, 49, 52, 57, 63, and 69 have been amended and claims 3, 20, 22, and 39 been cancelled. Thus, claims 1, 2, 4-19, 21, 23-38, and 40-70 are presently pending in this application. Applicant’s amendments to the Specification, Drawings, and Claims have overcome each and every objections and 112(b) rejections previously set forth in the Non-Final Office Action mailed December 17, 2026. Response to Arguments Applicant’s arguments, see pg. 15, filed April 17, 2026, with respect to the rejection(s) of claim(s) 19 under 35 U.S.C. 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Applicant’s amendments. The examiner notes that while claim 19 has been amended in a way to overcome the previous 112(b) rejection, the amendment introduces new matter, discussed in further detail below. The examiner notes that attempts to contact Applicant to resolve the remaining issue were unsuccessful. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 19 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Regarding claim 19, the claim has been amended to recite that a portion of the engagement surface is substantially coplanar with the back surface of the cassette housing. The originally filed disclosure does not provide support for a portion of the engagement surface to be coplanar with the back surface of the housing. Paragraph 56 discloses the engagement surface is substantially coplanar with the back surface of the cassette housing and not, more specifically, a portion of the engagement surface. As such, the amendment is considered new matter. As removing “a portion” would introduce 112(b) issues as noted in the Non-Final Rejection, it is recommended to cancel the claim to overcome the rejection and to place the application in condition for allowance. Allowable Subject Matter Claims 1, 2, 4-18, 21, 23-38, and 40-70 are allowed over the prior art of record. The following is an examiner’s statement of reasons for allowance: The claims in this application are allowed because the prior art of record fails to disclose either singly or in combination the claimed cassette. See Reasons for Allowance provided in Non-Final Rejection mailed on 12/17/2026. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 COURTNEY FREDRICKSON whose telephone number is (571)270-7481. The examiner can normally be reached Monday-Friday (9 AM - 5 PM 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, BHISMA MEHTA can be reached at 571-272-3383. 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. /COURTNEY FREDRICKSON/Primary Examiner, Art Unit 3783
Read full office action

Prosecution Timeline

Show 5 earlier events
Sep 05, 2025
Response after Non-Final Action
Sep 12, 2025
Request for Continued Examination
Nov 04, 2025
Response after Non-Final Action
Dec 17, 2025
Non-Final Rejection mailed — §112
Apr 17, 2026
Response Filed
May 05, 2026
Final Rejection mailed — §112
Aug 05, 2026
Response after Non-Final Action
Sep 03, 2026
Examiner Interview Summary

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

4-5
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+29.5%)
3y 1m (~2m remaining)
Median Time to Grant
High
PTA Risk
Based on 409 resolved cases by this examiner. Grant probability derived from career allowance rate.

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