Prosecution Insights
Last updated: August 16, 2026
Application No. 18/555,743

SILICATE BASED THICKENER COMPOSITION

Non-Final OA §103
Filed
Oct 17, 2023
Priority
Apr 27, 2021 — EU 21170682.5 +1 more
Examiner
COHEN, STEFANIE J
Art Unit
1732
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Byk-Chemie GmbH
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
733 granted / 974 resolved
+10.3% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
31 currently pending
Career history
995
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
59.1%
+19.1% vs TC avg
§102
11.1%
-28.9% vs TC avg
§112
20.2%
-19.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 974 resolved cases

Office Action

§103
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 . Election/Restrictions Applicant’s election without traverse of Group I, claims 1-9, 17 and 18, in the reply filed on 5/6/26 is acknowledged. 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. Claims 1, 3, 5, 7, 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wright (US5260350). Wright, abstract, teaches composition produced by the mixing of colloidal silica with the reaction product of an amino-organofunctional silane and a multifunctional acrylate. Wright, col. 2, teaches the composition comprises: (A) at least one multifunctional acrylate monomer; (B) an amino-organofunctional silane modified multifunctional acrylate monomer and, (C) colloidal silica. (C) as taught by Wright reads on a silicate as claimed in claim 1. (B) as taught by Wright reads on compound B) as claimed in claim 1. Wright, col. 3, teaches the amino-organofunctional silane modified multifunctional acrylate compounds of this invention can be prepared by intimately mixing an amino-organofunctional silane compound having at least one primary amine or secondary amine group with an acrylate functional compound as described in component (A). A hexanediol acrylate plus anilinopropyltrimethoxysilane have a molecular weight around 400 g/mol. It 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 that the amino-organofunctional silane modified multifunctional acrylate monomer as taught by Wright would have a molecular weight around 400 g/mol. Regarding claim 5, Wright teaches a hexanediol acrylate which has two ester groups. Regarding claim 7, Wright teaches silica. Regarding claims 9 and 18, Wright, claim 8, teaches the colloidal silica does not exceed 60% by weight of the sum of the weights of the multifunctional acrylic monomer, amino organofunctionalsilane and colloidal silica. Allowable Subject Matter Claims 2, 4, 6, 8 and 17 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. Although Wright teaches a composition, Wright does not teach compound B) comprising ethylenically unsaturated groups in an amount up to 2 mmol/g to as claimed in claim 2. Although Wright teaches amine groups, Wright does not teach compound B) comprising at least two tertiary amine groups as claimed in claim 4. Although Wright teaches a composition, Wright does not teach compound B) as represented in the formula (I) as claimed in claim 6. Although Wright teach silica, Wright does not teach fumed silica as claimed in claim 8. Although Wright teaches a composition comprising acrylates, Wright does not teach compound B) comprising no ethylenically unsaturated groups as claimed in claim 17. There is no motivation in the reference to modify the composition to obtain the compositions as claimed in claims 2, 4, 6, 8 and 17. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US20110021699 teaches wetting agents and dispersants. Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFANIE J COHEN whose telephone number is (571)270-5836. The examiner can normally be reached 10am- 6pm M-F. 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, Coris Fung can be reached at (571) 270-5713. 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. /STEFANIE J COHEN/Examiner, Art Unit 1732 7/13/26
Read full office action

Prosecution Timeline

Oct 17, 2023
Application Filed
Jul 15, 2026
Non-Final Rejection mailed — §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
75%
Grant Probability
78%
With Interview (+2.3%)
2y 9m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 974 resolved cases by this examiner. Grant probability derived from career allowance rate.

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