Prosecution Insights
Last updated: April 19, 2026
Application No. 18/556,485

PREPARATION AND USE OF A FOAM STABILIZING COMPOSITION INCLUDING A SILANE SURFACTANT

Non-Final OA §112
Filed
Oct 20, 2023
Examiner
TOOMER, CEPHIA D
Art Unit
1771
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Dow Silicones Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
76%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
999 granted / 1348 resolved
+9.1% vs TC avg
Minimal +2% lift
Without
With
+2.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
43 currently pending
Career history
1391
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
46.3%
+6.3% vs TC avg
§102
8.0%
-32.0% vs TC avg
§112
28.0%
-12.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1348 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. Specification The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Claim Rejections - 35 USC § 112 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 appl icant regards as his invention. Claims 16-31 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 16, Applicant is claiming at least 0.5 weight part of components (A), (B), and (C) and up to 98.5 weight parts of component (D). However, it is not clear if the weight parts are per weight parts per 100 weight parts of the foam stabilizing composition or if in step 1, per weight parts of the combined components (A) and (B), or weight parts per combination of step 1 and step 2. Also, with respect to component (D), is the weight parts per weight of the composition? See also claim 17 where similar language appears . Clarification and correction are required. Claim 29 is rejected because it is not clear how the objective of firefighting is obtained if the fuel is not on fire. Clarification and/or correction are required. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 31 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The location of the foam stabilizing composition does not further limit the firefighting method . Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20230087991 and CN 11440005 teach firefighting compositions, but fail to teach or suggest the addition of a silane surfactant as set forth in the claims. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CEPHIA D TOOMER whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-1126 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday . 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 Prem Singh can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-6368 . 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. /CEPHIA D TOOMER/ Primary Examiner, Art Unit 1771 18556485/20260328
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Prosecution Timeline

Oct 20, 2023
Application Filed
Mar 29, 2026
Non-Final Rejection — §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
76%
With Interview (+2.3%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 1348 resolved cases by this examiner. Grant probability derived from career allow rate.

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