Prosecution Insights
Last updated: July 17, 2026
Application No. 18/563,756

EDUCATIONAL ANALYTICS PLATFORM AND METHOD THEREOF

Final Rejection §103
Filed
Nov 22, 2023
Priority
May 25, 2021 — provisional 63/192,601 +1 more
Examiner
MUSSELMAN, TIMOTHY A
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Emaginos Inc.
OA Round
4 (Final)
58%
Grant Probability
Moderate
5-6
OA Rounds
7m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
550 granted / 946 resolved
-11.9% vs TC avg
Strong +26% interview lift
Without
With
+25.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
28 currently pending
Career history
974
Total Applications
across all art units

Statute-Specific Performance

§101
7.7%
-32.3% vs TC avg
§103
72.1%
+32.1% vs TC avg
§102
10.6%
-29.4% vs TC avg
§112
6.3%
-33.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 946 resolved cases

Office Action

§103
DETAILED ACTION Status of Claims In response to applicant’s amendment filed 4/21/2026, 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 Holzheimer et al. (2020/0327821). . 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 databases which are separate and unaffiliated from the educational with databases containing information related to disparate factors. See paragraphs 0066-0067 and 0070. Miller discloses wherein the system makes real-time adjustments based upon the data from aggregation as described above, but does not teach wherein the databases comprise demographic and socioeconomic indicators of a low probability of success, and/or are based upon data including deep-learning analysis from prior successes that are outside statistical averages. However, gathering and aggregating and analyzing such types of data from various databases, with regard to educational systems, is well-established, as is disclosed by the educational system of Holzheimer in paragraphs 0119, 0123-0125, and 0133. 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 relevant material to the user 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 databases 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 4/21/2026 have been fully considered but they are moot in view of the new grounds of rejection. Conclusion 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action. 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

Show 1 earlier event
Nov 07, 2024
Non-Final Rejection mailed — §103
Feb 07, 2025
Response Filed
May 21, 2025
Final Rejection mailed — §103
Sep 22, 2025
Request for Continued Examination
Oct 03, 2025
Response after Non-Final Action
Oct 22, 2025
Non-Final Rejection mailed — §103
Apr 21, 2026
Response Filed
Jun 18, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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1y 6m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
58%
Grant Probability
84%
With Interview (+25.6%)
3y 3m (~7m remaining)
Median Time to Grant
High
PTA Risk
Based on 946 resolved cases by this examiner. Grant probability derived from career allowance rate.

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