Prosecution Insights
Last updated: October 04, 2026
Application No. 18/501,501

METHOD FOR PRODUCING A SUGAR STREAM

Final Rejection §103§112§DOUBLEPATENT
Filed
Nov 03, 2023
Priority
Apr 05, 2018 — divisional of 11/505,838 +1 more
Examiner
RAMIREZ, DELIA M
Art Unit
1652
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Fluid Quip Technologies LLC
OA Round
3 (Final)
65%
Grant Probability
Favorable
4-5
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allowance Rate
557 granted / 855 resolved
+5.1% vs TC avg
Strong +56% interview lift
Without
With
+56.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
52 currently pending
Career history
902
Total Applications
across all art units

Statute-Specific Performance

§101
7.0%
-33.0% vs TC avg
§103
21.9%
-18.1% vs TC avg
§102
19.5%
-20.5% vs TC avg
§112
37.9%
-2.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 855 resolved cases

Office Action

§103 §112 §DOUBLEPATENT
DETAILED ACTION Status of the Application Claims 1-8, 10-15, 17-23 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Applicant’s amendment of claims 1, 17, and addition of claims 20-23 as submitted in a communication filed on 5/4/2026 is acknowledged. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Rejections and/or objections not reiterated from previous office actions are hereby withdrawn. Priority As previously indicated, upon cursory review of the specification of US application No. 15/945,773 filed on 04/05/2018, it was found that there is no support for a method where after liquefaction of the slurry to obtain a liquefied carbohydrate solution, and after the separation of a first portion of said liquefied carbohydrate solution into a liquid and solid portion, the liquid portion of the first portion of the liquefied carbohydrate solution is subjected to yet another separation step to obtain a first solids portion and a first liquid portion, wherein the first solids portion is rejoined to the solids portion of the first portion of said liquefied carbohydrate solution, and the rejoined solids are subjected to a biochemical conversion process. Applicant has provided a modified Figure 4 which shows the optionality of saccharification step 210. Applicant refers to another separation step which is sugar separation step 212, which occurs after the separation of a first portion of said liquefied carbohydrate solution into a liquid and a solid portion (solid/liquid separation step 208) as is required by claims 1 and 17. Applicant refers to the liquefaction step 207 in Figure 4 and paragraphs [0043]-[0045] in support of the “subjecting the slurry to liquefaction to provide a liquefied carbohydrate solution, which includes solids” limitation recited in claim 1. Applicant refers step 208 in Figure 4 and paragraph [0046] in support of the ”thereafter, separating a first portion of the liquefied carbohydrate solution, via a separation device, into a insoluble solids portion and a liquid portion, wherein the liquid portion includes carbohydrates” limitation recited in claim 1. Applicant refers to step 207 and paragraphs [0045], [0047] in support of the “subjecting a second portion of the liquefied carbohydrate solution, which comprises the remaining portion of the solids, directly to a first biochemical conversion process” limitation in claim 1. Applicant states that the fermentation step 214 in Figure 4 can be a simultaneous saccharification and fermentation step. Applicant refers to sugar separation step 212 and paragraph [0051] in support of the “prior to subjecting any portion of the liquid portion to a second biochemical process, separating the liquid portion, via filtration, into a first solids portion and a first liquid portion that comprises carbohydrates, wherein the first liquid portion comprises a carbohydrate stream” limitation recited in claim 1. Applicant states that when saccharification step 210 is optional, the liquid portion separation step 208 is sent to the sugar separation step 212 to separate the liquid portion, via filtration into the first solids portion and the first liquid portion that comprises the carbohydrates, wherein the first liquid portion comprises a carbohydrate stream. Applicant refers to Figure 4 and paragraph [0045] in support of the “prior to subjecting any portion of the liquid portion to a second biochemical process” limitation in claim 1. Applicant states that the sugar stream in paragraph [0045] which is sent from the sugar separation step 212 can be sent to a fermentation step where sugars can be converted to alcohol or any other fermentation conversion process or similar sugar utilization/conversion process, followed by distillation and/or separation of the desired component, which can recover the alcohol or byproducts produced as known in the art. Applicant is of the opinion that there is clear support in the originally filed application concerning claims 1 and 17 for another separation step to obtain a first solids portion and a first liquid portion after the separation of a first portion of said liquefied carbohydrate solution into a liquid and solid portion and prior to subjecting any portion of the liquid portion to a second biochemical process. Applicant’s arguments have been fully considered but not deemed persuasive to grant domestic priority to the claims to the filing date of U.S. Application No. 15/945,773. Figure 4 is being reproduced below for the reader’s convenience. PNG media_image1.png 570 748 media_image1.png Greyscale The Examiner agrees that Figure 4 and the specification provides support for the limitations in claim 1 which recite (a) “subjecting the slurry to liquefaction to provide a liquefied carbohydrate solution, which includes solids”, (b) ”thereafter, separating a first portion of the liquefied carbohydrate solution, via a separation device, into a insoluble solids portion and a liquid portion, wherein the liquid portion includes carbohydrates”, and (c) “subjecting a second portion of the liquefied carbohydrate solution, which comprises the remaining portion of the solids, directly to a first biochemical conversion process”. However, the issue in the instant case is whether the specification of U.S. Application No. 15/945,773 provides support for a method where after liquefaction of the slurry to obtain a liquefied carbohydrate solution, and after the separation of a first portion of said liquefied carbohydrate solution into a liquid and solid portion, the liquid portion of the first portion of the liquefied carbohydrate solution is subjected to yet another separation step to obtain a first solids portion and a first liquid portion, and the first solids portion of this additional separation step is directed to a biochemical conversion. The Examiner disagrees with Applicant’s contention that if the saccharification step 210 in Figure 4 is optional, the sugar separation step 212 in Figure 4 provides support for another separation step to obtain a first solids portion and a first liquid portion after the separation step 208 of Figure 4. As shown in Figure 4, which is reproduced above, the liquid portion that results from the separation step 208 goes to a saccharification step 210 and the saccharified solution from saccharification step 210 is then separated into a sugar stream and a retentate (sugar separation 212). The sugar separation step 212 as shown in Figure 4 is a separation step for a saccharified solution. The sugar separation step 212 is not a separation step of the liquid portion that is obtained from the solid/liquid separation 208. Moreover, even if the argument is made that there is some ambiguity in Figure 4 such that one of skill in the art could potentially assume that if there is no saccharification, sugar separation step 212 could be interpreted as a separation step of the liquid stream obtained from the solid/liquid separation step 208, it is noted that paragraph [0051] of U.S. Publication No. 2019/0309377 (U.S. Application No. 15/945,773) states: [0051] After the saccharification step 210 (but before any potential fermentation or processing of the sugar stream), so as to provide a more desirable sugar stream, the saccharified sugar stream can be subjected to an optional sugar separation step 212. The sugar separation step 212 filters a generally liquefied solution (about 60% to about 80% by volume), which includes sugar, free oil, protein, fine solids, fiber, grit, and germ, and which has a total solids fraction of about 30%, with a range of about 20% to about 40%, but higher or low solids fractions can be produced, but may not be economical here. In particular, the sugar separation step 212 can include a rotary vacuum filter, micro-filter, membrane filtration, precoat/diatomaceous earth filter, decanter, centrifuge, disc centrifuge, cyclone, dorclone, or the like, to accomplish substantial separation of the solids portion, primarily fiber, germ, and grit, which can include protein, from the liquid sugar portion, which primarily includes sugar (e.g., dextrose), residual oil, and fine solids. The solids portion (retentate), which has a total solids fraction of about 39%, may be sent on to the fermentation step 214, as discussed further below. In one example, the filter screen size here may be from about 0.1 microns to about 100 microns. In another example, the filter screen size may be from about 5 microns to about 50 microns. Due to the input of water, the sugar stream can have a total solids fraction of 20-30%. In this example, the sugar stream here may be considered purified or refined enough because the total insoluble (unfermentable) solids fraction of the stream is less than 7%. In another example, the total insoluble (unfermentable) solids fraction of the stream is less than or equal to 5%. In another example, the total insoluble (unfermentable) solids fraction of the stream is less than or equal to 3%. In another example, the total insoluble (unfermentable) solids fraction of the stream is less than or equal to 1%. In still another example, the total insoluble (unfermentable) solids fraction of the stream is less than or equal to 10%, 15%, 20%, 25%, or 30%. It is abundantly clear from paragraph [0051] that separation step 212 is one that occurs after saccharification. Therefore, while it is agreed that the specification states that saccharification could be optional, a second sugar separation as shown in Figure 4 and described in paragraph [0051] is a sugar separation after saccharification and not an additional separation of the liquid stream after solid/liquid separation step 208. In other words, separation step 212 cannot be assumed as an additional separation after separation step 208 when there is no saccharification as asserted by Applicant because the specification of U.S. Publication No. 2019/0309377 specifically defines sugar separation step 212 as a separation that occurs after saccharification and there is absolutely no indication in the specification of U.S. Publication No. 2019/0309377 indicating that this separation step 212 can be a separation step for the liquid stream obtained from solid/liquid separation step 208 when there is no saccharification. It is reiterated herein that there is no mention in the specification or shown in Figures 4-8 of an additional solid/liquid separation of the liquid fraction that is obtained from the solid/liquid separation step 208 immediately after liquefaction, let alone a step where the solids portion obtained from the additional solid/liquid separation is rejoined with the solid portion obtained from the solid/liquid separation step immediately after liquefaction. Please note that the retentate obtained from the sugar separation step 212 represents the solid fraction obtained from the separation of a saccharified solution and not the solid fraction obtained from a liquid stream obtained from solid/liquid separation step 208. Also, while Applicant asserts that the fermentation step 214 in Figure 4 can be a simultaneous fermentation and saccharification step, it is noted that nowhere in the specification of U.S. Publication No. 2019/0309377 one can find a statement or suggestion indicating that the fermentation step 214 is a simultaneous fermentation and saccharification step. Please note that the processes of Figures 4, 6, and 8, which show a fermentation step 214, also show a saccharification step. As such, it is abundantly clear from these Figures that step 214 is only a fermentation step and not a simultaneous saccharification and fermentation step as asserted. Therefore, claims 1-8, 10-15, 17-23 are not granted domestic priority to US application No. 15/945,773. The effective filing date for the methods of claims 1-8, 10-15, 17-23 is the filing date of the instant application, 11/3/2023. Information Disclosure Statement The information disclosure statement (IDS) submitted on 2/23/2026 is acknowledged. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 112(a) or First Paragraph (pre-AIA ) Claims 1-8, 10-15, 17-19 remain rejected and new claims 20-23 are 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention. This rejection as it relates to claims 20-23 is necessitated by amendment. This rejection has been discussed at length in the prior Office action. It is maintained and further applied to new claims 20-23 for the reasons of record and those set forth below. Applicant states that the same remarks made with regard to Priority apply to the instant rejection and requests those remarks to be incorporated in response to the instant rejection. Applicant submits that there is full support in the originally filed application for claims 1 and 17 and another separation step to obtain a first solids portion and a first liquid portion after the separation of a first portion of said liquefied carbohydrate solution into a liquid and solid portion and prior to subjecting any portion of the liquid portion to a second biochemical process. Applicant’s arguments have been fully considered and addressed under the Priority section. New claims 20-23 are directed to the method of claims 1 or 17, wherein the first liquid portion that comprises the carbohydrate stream is subjected to fermentation. It is reiterated herein that the sugar separation step 212 as shown in Figure 4 is a separation step for a saccharified solution. The sugar separation step 212 is not a separation step of the liquid portion that is obtained from the solid/liquid separation step 208. Furthermore, as indicated above, even if the argument is made that there is some ambiguity in Figure 4 such that one of skill in the art could potentially assume that if there is no saccharification, sugar separation step 212 could be interpreted as a separation step of the liquid stream obtained from the solid/liquid separation step 208, paragraph [0051] of U.S. Publication No. 2019/0309377 (U.S. Application No. 15/945,773) unequivocally states that separation step 212 is one that occurs after saccharification. See paragraph [0051] reproduced above. Therefore, while it is agreed that the specification states that saccharification could be optional, a second sugar separation as shown in Figure 4 and described in paragraph [0051] is a sugar separation after saccharification and not an additional separation of the liquid stream after solid/liquid separation step 208. In other words, sugar separation step 212 cannot be assumed as an additional separation after separation step 208 when there is no saccharification as asserted by Applicant because the specification of U.S. Publication No. 2019/0309377 specifically defines sugar separation step 212 as a separation that occurs after saccharification and there is absolutely no indication in the specification of U.S. Publication No. 2019/0309377 indicating that this separation step 212 can be a separation step for the liquid stream obtained from solid/liquid separation step 208 when there is no saccharification. It is reiterated herein that there is no mention in the specification or shown in Figures 4-8 of an additional solid/liquid separation of the liquid fraction that is obtained from the solid/liquid separation step immediately after liquefaction, let alone a step where the solids portion obtained from the additional solid/liquid separation is rejoined with the solid portion obtained from the solid/liquid separation step immediately after liquefaction such that the rejoined solids are directed to a biochemical conversion. Paragraphs [0046]-[0047] of U.S. Publication No. 2019/0309377 state [0046] After the liquefaction step 207 (but before any potential saccharification, fermentation, or other processing of the sugar stream), so as to provide a more desirable sugar stream, at least a portion of the liquefied sugar stream can be subjected to a solid/liquid separation step 208. In particular, the solid/liquid separation step 208, which may be optional, uses any suitable filtration device, e.g., a pre-concentrator, paddle screen, pressure screen, fiber centrifuge, decanter, and the like, to separate the liquid from the solid material. The screen openings can range from about 50 microns to about 500 microns and will be selected to desirably separate the fiber, grit, and germ particles from the liquid, which primarily includes the liquefied starch solution with small amounts of oil, free protein (mainly gluten), and starch. In one example, the screen openings are about 50 microns. [0047] The solids portion from the solid/liquid separation step 208 can be sent, along with the optional portion of the liquefied starch solution from the liquefaction step 207, to the fermentation step 214. The liquefied starch solution from the solid/liquid separation step 208 can be sent to the saccharification step 210 whereat complex carbohydrate and oligosaccharides are further broken down into simple sugars, particularly single glucose sugar molecules (i.e., dextrose) to produce a liquefied mash. While the specification states that the separation step 208 is not required (can occur) and also states that if it does, the liquid portion obtain from the separation step 208 can be sent to a saccharification step 210, there is nothing in the specification indicating that the separation step 208 can be followed by another separation step before a second biochemical process, such as saccharification or fermentation. Therefore, contrary to Applicant’s assertions, there is no support in the originally filed application for a method where there is another separation step applied to a liquid portion obtained from the separation of the liquefied carbohydrate solution into an insoluble solids portion and a liquid portion, and a step where the solids portion obtained from the additional solid/liquid separation is rejoined with the solid portion obtained from the solid/liquid separation step immediately after liquefaction such that the rejoined solids are directed to a biochemical conversion as required by claims 1 and 17. Due to the fact that the specification only discloses a single solid/liquid separation after liquefaction prior to saccharification, and the lack of description of an additional separation step for the liquid portion of the first portion of the liquefied carbohydrate solution, or the rejoining of the solids portion of the first portion of the liquefied carbohydrate solution with the first solids portion obtained from the additional separation step of the liquid portion of the first portion of the liquefied carbohydrate solution, one of skill in the art would not recognize from the disclosure that Applicant was in possession of the claimed invention. Claim Rejections - 35 USC § 103 (AIA ) Claims 1-8, 10-15, 17-19 remain rejected and new claims 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Jakel et al. (U.S. Publication No. 2019/0309377 published 10/10/2019). This rejection as it relates to claims 20-23 is necessitated by amendment. This rejection has been discussed at length in the prior Office action. It is maintained and further applied to new claims 20-23 for the reasons of record and those set forth below. Applicant argues that Jakel is unavailable as prior art for the reasons indicated under the “Priority” heading. Applicant submits that claims 1 and 17 find clear support in the parent application for the reasons already discussed above and that Jakel is unavailable prior art. Applicant’s arguments have been fully considered but not deemed persuasive to overcome the instant rejection or avoid the rejection of new claims 20-23. The Examiner acknowledges the arguments previously provided with regard to priority. However, the Examiner disagrees with Applicant’s contention that Jakel is unavailable prior art. New claims 20-23 are directed to the method of claims 1 or 17, wherein the first liquid portion that comprises the carbohydrate stream is subjected to fermentation. Subjecting a carbohydrate stream (sugar stream) to fermentation is taught by Jakel et al. For the reasons extensively discussed above, claims 1-8, 10-15, 17-23 have not been granted domestic priority to US application No. 15/945,773. Since the effective filing date for the methods of claims 1-8, 10-15, 17-23 is the filing date of the instant application, 11/3/2023, the reference by Jakel et al. is deemed proper prior art. Double Patenting Claims 1-8, 10-15, 17-19 remain provisionally rejected and new claims 20-23 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 10-14, 16 of copending Application No. 18/501,492. This rejection as it relates to claims 20-23 is necessitated by amendment. Applicant argues that because the claims are provisionally rejected, Applicant defers responding to the provisional rejection until needed. Applicant’s arguments have been fully considered. In view of the fact that no arguments traversing the Examiner’s position have been presented, and no terminal disclaimer has been filed this rejection is maintained and further applied to new claims 20-23 for the reasons of record and those set forth below. Claims 1-8, 10-15, 17-23 of the instant application are directed in part to a method for producing a carbohydrate stream from a grain feedstock, comprising: mixing ground grain particles derived from a feedstock of grain and/or grain components with a liquid to produce a slurry comprising a carbohydrate; subjecting the slurry to liquefaction to provide a liquefied carbohydrate solution, which includes solids; thereafter, separating a first portion of the liquefied carbohydrate solution, via a separation device, into an insoluble solids portion and a liquid portion, wherein the liquid portion includes carbohydrates, and subjecting a second portion of the liquefied carbohydrate solution, which comprises the remaining portion of the solids, directly to a fermentation process (first biochemical conversion process); prior to subjecting any portion of the liquid portion to a saccharification process (second biochemical process), separating at least a portion of the liquid portion, via filtration, into a first solids portion and a first liquid portion that comprises the carbohydrates, wherein the first liquid portion comprises a carbohydrate stream; and thereafter, rejoining the insoluble solids portion, obtained by subjecting the first portion of the liquefied carbohydrate solution to the separation via the separation device, with the first solids portion to provide a rejoined solids portion, and separately subjecting the rejoined solids portion, which comprises carbohydrates, to the fermentation process (first biochemical conversion process) along with the second portion of the liquefied carbohydrate solution, which includes the remaining portion of the solids, and wherein the first liquid portion that comprises a carbohydrate stream is subjected to a fermentation process (second biochemical process). Claims 1-8, 10-14, 16 of copending Application No. 18/501,492 are directed in part to a method for producing a sugar stream from a grain feedstock, comprising: mixing ground grain particles derived from a feedstock of grain and/or grain components with a liquid to produce a slurry comprising starch; subjecting the slurry to liquefaction to provide a liquefied starch solution, which includes solids; prior to saccharification, separating a first portion of the liquefied starch solution, via a paddle screen, into a solids portion and a liquid portion, wherein the liquid portion includes starch, and subjecting a second portion of the liquefied starch solution, which comprises the remaining portion of the solids, directly to an alcohol fermentation process; thereafter, subjecting the liquid portion to saccharification to convert the starch to simple sugars and produce a saccharified stream that comprises the simple sugars; after saccharification but prior to further processing of the simple sugars, directly separating the entire saccharified stream, via a microfiltration device, into a first solids portion and a first liquid portion that comprises the simple sugars, wherein the first liquid portion comprises a sugar stream; and thereafter, rejoining the solids portion, obtained by subjecting the first portion of the liquefied starch solution to the separation via the paddle screen, with the first solids portion, obtained by subjecting the saccharified stream to the microfiltration device, to provide a rejoined solids portion, and separately subjecting the rejoined solids portion, which comprises residual sugars, directly to the alcohol fermentation process along with the second portion of the liquefied starch solution, which includes the remaining portion of the solids, whereby the residual sugars are fermented, wherein the sugar stream (carbohydrate stream) has a total unfermentable solids fraction that is less than or equal to 30% of a total solids content, wherein said method further comprises, after mixing the grain particles with the liquid to produce the slurry and prior to subjecting the slurry to liquefaction, separating the slurry into a slurry solids portion and a slurry liquid portion that comprises the starch, grinding the slurry solids portion to produce a ground slurry solids portion, and rejoining the slurry liquid portion with the ground slurry solids portion to reconstitute the slurry prior to subjecting the slurry to liquefaction, wherein at least a portion of the sugar stream (carbohydrate stream) is subjected to at least one of carbon filtration, ion exchange, or evaporation, followed by a sugar conversion process to produce a biochemical. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of claims 1-8, 10-14, 16 of copending Application No. 18/501,492 by adding another solid/liquid separation step, such as a filtration step, for the liquid portion obtained from the solid/liquid separation step after liquefaction but prior to saccharification, and directing the solids obtained from this additional solid/liquid separation, and the sugar stream to the fermentation process. A person of ordinary skill in the art is motivated to add this additional solid/liquid separation step for the benefit of removing more solid particles that could be sent to the fermentation process directly and obtaining a liquid fraction with less insoluble particles. One of ordinary skill in the art has a reasonable expectation of success at further adding an extra solid/liquid separation using filtration because the method of the claims 1-8, 10-14, 16 of copending Application No. 18/501,492 already uses several separation steps at different stages of the method to separate solids and liquids. The method of claims 1-8, 10-14, 16 of copending Application No. 18/501,492 with an additional solid/liquid separation step for the liquid portion obtained from the solid/liquid separation step after liquefaction but prior to saccharification, and the direction of the solids obtained from this additional solid/liquid separation to the fermentation process would anticipate the method of claims 1-8, 10-15, 17-23 of the instant application instant application. Therefore, the method of claims 1-8, 10-15, 17-23 of the instant application is deemed an obvious variation of the method of claims 1-8, 10-14, 16 of copending Application No. 18/501,492. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Conclusion No claim is in condition for allowance. 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 extension fee 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 date of this final action. Applicant is advised that any Internet email communication by the Examiner has to be authorized by Applicant in written form. See MPEP § 502.03 (II). Without a written authorization by Applicant in place, the USPTO will not respond via Internet email to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122. Sample written authorization language can be found in MPEP § 502.03 (II). An Authorization for Internet Communications in a Patent Application or Request to Withdraw Authorization for Internet Communications form (SB/439) can be found at https://www.uspto.gov/patent/forms/ forms-patent-applications-filed-or-after-september-16-2012, which can be electronically filed. 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DELIA M RAMIREZ, Ph.D., whose telephone number is (571) 272-0938. The examiner can normally be reached on Monday-Friday from 8:30 AM to 5:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert B. Mondesi, can be reached at (408) 918-7584. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. /DELIA M RAMIREZ/Primary Examiner, Art Unit 1652 DR July 22, 2026
Read full office action

Prosecution Timeline

Nov 03, 2023
Application Filed
Jul 01, 2025
Non-Final Rejection mailed — §103, §112, §DOUBLEPATENT
Nov 03, 2025
Response Filed
Feb 04, 2026
Non-Final Rejection mailed — §103, §112, §DOUBLEPATENT
May 04, 2026
Response Filed
Jul 27, 2026
Final Rejection mailed — §103, §112, §DOUBLEPATENT (current)

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Prosecution Projections

4-5
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+56.3%)
2y 9m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 855 resolved cases by this examiner. Grant probability derived from career allowance rate.

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