Prosecution Insights
Last updated: October 25, 2026
Application No. 18/570,955

A FILTER AND A METHOD OF MAKING A FILTER

Final Rejection §112
Filed
Dec 15, 2023
Priority
Jun 15, 2021 — AU 2021901786 +1 more
Examiner
KIM, SUN U
Art Unit
1777
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nematiq Ip Pty Ltd.
OA Round
2 (Final)
78%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
90%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allowance Rate
772 granted / 987 resolved
+13.2% vs TC avg
Moderate +12% lift
Without
With
+11.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
50 currently pending
Career history
1031
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
44.9%
+4.9% vs TC avg
§102
24.0%
-16.0% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 987 resolved cases

Office Action

§112
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 51-66) and Species 2 (claims 56-64) in the reply filed on 4/1/2026 is acknowledged. Claims 67-70 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/1/2026. Claims 53-57, 60-62 and 71 have been canceled. New claims 74-76 are presented. Claims 51-52, 58-59, 63-66 and 72-76 are examined in this office action. Claim Rejections - 35 USC § 112 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. Claim 72 is rejected under 35 U.S.C. 112(d) 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. Claim 72 depends on claim 64 which in turn depends on independent claim 51. Claim 72 recites “the filter has…a rejection value from 86.6 to 99.5% under acidic condition”. However, independent claim 51 recites “the filter has…a rejection value from 86.9 to 99.2% under acidic condition” which has narrower rejection value range than that of claim 72; hence, claim 72 fails to further limit the limitations of the claim 51. 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. Allowable Subject Matter Claims 51-52, 58-59, 63-66 and 73-76 are allowed. The following is a statement of reasons for the indication of allowable subject matter: . Claims 51-52, 58-59, 63-66 and 73-76 are allowed in view of applicant’s remarks filed 9/28/2026 (see pages 10-13). Response to Arguments Applicant’s arguments, see pages 10-14, filed 9/28/2026, with respect to the rejection(s) of claims 51-52, 57, 59-63, 65-66, 71 and 73 under 35 U.S.C. 102(a)(1)/102(a)(2) or 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made. Claim 72 is rejected under 35 U.S.C. 112(d) 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. Examiner suggests applicant cancel non-elected claims 67-70 in response to this office action in order to expedite the application to issue. 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 JOHN KIM whose telephone number is (571)272-1142. The examiner can normally be reached Maxi Flex. 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, INSUK BULLOCK can be reached at 571-272-5954. 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. /John Kim/Primary Examiner, Art Unit 1777 JK 10/5/26
Read full office action

Prosecution Timeline

Dec 15, 2023
Application Filed
May 27, 2026
Non-Final Rejection mailed — §112
Sep 28, 2026
Response Filed
Oct 07, 2026
Final Rejection mailed — §112 (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
78%
Grant Probability
90%
With Interview (+11.6%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 987 resolved cases by this examiner. Grant probability derived from career allowance rate.

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