Prosecution Insights
Last updated: October 04, 2026
Application No. 18/556,703

PHOSPHINATE ESTER-CONTAINING DYES HAVING TUNABLE PROPERTIES AND METHODS OF MAKING THE SAME

Non-Final OA §102
Filed
Oct 23, 2023
Priority
May 10, 2021 — provisional 63/186,414 +1 more
Examiner
VU, JAKE MINH
Art Unit
1618
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Nutech Ventures
OA Round
1 (Non-Final)
41%
Grant Probability
Moderate
1-2
OA Rounds
1y 2m
Est. Remaining
68%
With Interview

Examiner Intelligence

Grants 41% of resolved cases
41%
Career Allowance Rate
331 granted / 806 resolved
-18.9% vs TC avg
Strong +27% interview lift
Without
With
+27.2%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
52 currently pending
Career history
848
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
41.5%
+1.5% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
22.3%
-17.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 806 resolved cases

Office Action

§102
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 . Receipt is acknowledged of Applicant’s Restriction Requirement Response filed on 06/03/2026; and IDS filed on 10/23/2023. Claims 8-10 are drawn to non-elected species Claims 1-3, 5-10, 13-19, 34-37 are pending in the instant application. Claims 8-10, 13-16, 18-19, 34-37 are withdrawn from further consideration. Election/Restrictions Applicant’s election without traverse of Group I (claims 1-3, 5-10, 17) in the reply filed on 06/03/2026 is acknowledged. Applicant's election with traverse of specie election of claim 3 in the reply filed on 06/03/2026 is acknowledged. The traversal is on the ground(s) that Claim 3 and 5-7 are directed to properties of the claimed molecules and are not mutually exclusive. A single molecule as claimed satisfies all of claims 3 and 5-7 simultaneously. The Examiner finds this argument persuasive; thus, claims 5-7 are rejoined. Note, claim 17 is rejoined with Group I. Note, claims 8-10 are drawn to non-elected species. 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(s) 1-3, 5-7, 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZHOU et al (Nebraska Red: a phosphinate-based near-infrared fluorophore scaffold for chemical biology applications. Chem. Commun., 2016, 52, 12290—12293). Regarding claims 1-2, ZHOU teaches a compound such as NR666 (see pg. 12290 at Fig. 1; and is provided below). PNG media_image1.png 144 174 media_image1.png Greyscale Regarding claims 3, 5-7, these limitations are inherent properties of the compound. Additionally, Applicant stated in the Restriction Requirement Response filed on 06/03/2026 that “Claim 3 and 5-7 are directed to properties of the claimed molecules and are not mutually exclusive. A single molecule as claimed satisfies all of claims 3 and 5-7 simultaneously”. Regarding claim 17, the compound would inherently be biocompatible, because this is a chemical/physical property of the compound. Telephonic Inquiries Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE MINH VU whose telephone number is (571)272-8148. The examiner can normally be reached Mon-Fri 9:00am-5:30pm. 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, Michael Hartley can be reached at (571) 272-0616. 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. /JAKE M VU/Primary Examiner, Art Unit 1618
Read full office action

Prosecution Timeline

Oct 23, 2023
Application Filed
Jun 25, 2026
Non-Final Rejection mailed — §102 (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
41%
Grant Probability
68%
With Interview (+27.2%)
4y 1m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 806 resolved cases by this examiner. Grant probability derived from career allowance rate.

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