Prosecution Insights
Last updated: April 19, 2026
Application No. 18/589,661

SOYBEAN VARIETY 5PENE00

Final Rejection §112
Filed
Feb 28, 2024
Examiner
BUI, PHUONG T
Art Unit
1663
Tech Center
1600 — Biotechnology & Organic Chemistry
Assignee
Pioneer Hi-Bred International Inc.
OA Round
2 (Final)
82%
Grant Probability
Favorable
3-4
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 82% — above average
82%
Career Allow Rate
953 granted / 1165 resolved
+21.8% vs TC avg
Strong +23% interview lift
Without
With
+22.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
52 currently pending
Career history
1217
Total Applications
across all art units

Statute-Specific Performance

§101
9.1%
-30.9% vs TC avg
§103
12.8%
-27.2% vs TC avg
§102
20.3%
-19.7% vs TC avg
§112
47.9%
+7.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1165 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 . DETAILED ACTION 1. The Office acknowledges the receipt of Applicant’s amendment filed January 30, 2026. Claims 1-15 and 17-21 are pending and are examined. All previous rejections not set forth below have been withdrawn. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. This action is made FINAL. Claim Rejections - 35 USC § 112(b) 2. Claim 11 is 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 pre-AIA the applicant regards as the invention. In claim 11, it is unclear what the objective of the claimed method is. The claim merely states “A method comprising”. It is not possible to determine whether the recited step fulfills the claimed method. It is suggested the objective for the claimed method be recited. Clarification and/or correction is required. Applicant’s Traversals Applicant indicates that Applicant has amended claim 11 as suggested by the Examiner. Response to Applicant’s Traversals Amended claim 11 does not recite an objective for the claimed method. Accordingly, the rejection is maintained. Conclusion 3. Claim 11 is rejected. Claims 1-10, 12-15 and 17-21 are allowable. 4. 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. 5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T BUI whose telephone number is (571)272-0793. The examiner can normally be reached on M-F 8am-5pm. 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, Amjad Abraham can be reached on 571-270-7058. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /PHUONG T BUI/Primary Examiner, Art Unit 1663
Read full office action

Prosecution Timeline

Feb 28, 2024
Application Filed
Oct 04, 2025
Non-Final Rejection — §112
Jan 30, 2026
Response Filed
Feb 18, 2026
Final Rejection — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599095
SOYBEAN CULTIVAR 22340923
2y 5m to grant Granted Apr 14, 2026
Patent 12568903
HYBRID SWEET CORN PLANT NAMED SPRITZ
2y 5m to grant Granted Mar 10, 2026
Patent 12550843
SQUASH PLANT AND METHOD FOR PRODUCING SAME
2y 5m to grant Granted Feb 17, 2026
Patent 12543694
A METHOD FOR REDUCING NORNICOTINE IN TOBACCO
2y 5m to grant Granted Feb 10, 2026
Patent 12532858
HYBRID TOMATO PLANT NAMED INTUITIVO
2y 5m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
82%
Grant Probability
99%
With Interview (+22.8%)
2y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 1165 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month