Prosecution Insights
Last updated: April 19, 2026
Application No. 18/563,756

EDUCATIONAL ANALYTICS PLATFORM AND METHOD THEREOF

Non-Final OA §103
Filed
Nov 22, 2023
Examiner
MUSSELMAN, TIMOTHY A
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Emaginos Inc.
OA Round
3 (Non-Final)
58%
Grant Probability
Moderate
3-4
OA Rounds
3y 2m
To Grant
84%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allow Rate
542 granted / 936 resolved
-12.1% vs TC avg
Strong +26% interview lift
Without
With
+26.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
29 currently pending
Career history
965
Total Applications
across all art units

Statute-Specific Performance

§101
10.1%
-29.9% vs TC avg
§103
55.3%
+15.3% vs TC avg
§102
20.2%
-19.8% vs TC avg
§112
11.5%
-28.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 936 resolved cases

Office Action

§103
DETAILED ACTION Status of Claims In response to applicant’s RCE filed 9/22/2025, claims 1-12 are pending in this application. Claim Rejections - 35 USC § 103 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 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Miller (US 2020/0302296) in view of Butler et al. (US 2013/0288215) and also Fakhrai (US 2012/0231438). . Regarding claim 1, Miller discloses a system which utilizes machine learning to monitor education results in an education system, and construct a customized instructional platform based thereon. See paragraphs 0017-0019, and 0022-0023. Miller further discloses wherein the information is gathered in a database from a series of separate databases containing information related to disparate factors. See paragraphs 0066-0067 and 0070. Miller does not explicitly disclose wherein the databases are separate and unrelated and unaffiliated with the educational databases. However, gathering and aggregating data from various databases is established, as is disclosed by the medical system of Butler in paragraph 0042. It would have been obvious to one of ordinary skill in the art at the time of applicants filing, to consider this concept with the Miller system, in order to provide various data for analysis. Miller also does not disclose a machine learning element to generate real-time adjustments to the instruction platform based upon statistical probability of success regarding updates to the databases. However, this manner of analysis is established, as is disclosed by the learning system of Fakhrai in paragraphs 0261-0262 (the ranking of items considered for presentation are based upon success rating for that item). It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing, to consider such presentation concept with the Miller system, in order to provide various data for analysis. Regarding claim 2, Miller discloses wherein the system utilizes conventional neural networks (CNN). See paragraph 0023. Regarding claims 3, 8, and 11, Miller discloses wherein the disparate factors for the statistical analysis pertain to education information including results. See paragraph 0068. Regarding claims 4-5, Miller discloses wherein the database are encrypted in paragraphs 0104. Regarding claim 6, Miller discloses wherein the generated educational platform is based on statistical trends and anomalies in the aggregate database. See paragraph 0069. Regarding claim 7, Miller discloses wherein the data is standardized prior to populating the database of disparate factors (i.e. data from the other databases). See paragraphs 0101 and 0107. Regarding claim 10, Miller discloses SQL in paragraph 0101. Regarding claim 12, Miller discloses alerts when unknown variables are detected. See paragraph 0100. Arguments/Remarks Applicant’s arguments and remarks dated 9/22/2025 have been fully considered but they are moot in view of the new grounds of rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY A MUSSELMAN whose telephone number is (571)272-1814. The examiner can normally be reached Monday - Thursday, 8:00AM - 4:00PM. 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, PETER S VASAT can be reached on 571-570-7625. 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. /TIMOTHY A MUSSELMAN/ Primary Examiner, Art Unit 3715
Read full office action

Prosecution Timeline

Nov 22, 2023
Application Filed
Nov 02, 2024
Non-Final Rejection — §103
Feb 07, 2025
Response Filed
May 17, 2025
Final Rejection — §103
Sep 22, 2025
Request for Continued Examination
Oct 03, 2025
Response after Non-Final Action
Oct 18, 2025
Non-Final Rejection — §103 (current)

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

3-4
Expected OA Rounds
58%
Grant Probability
84%
With Interview (+26.3%)
3y 2m
Median Time to Grant
High
PTA Risk
Based on 936 resolved cases by this examiner. Grant probability derived from career allow rate.

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