Prosecution Insights
Last updated: April 19, 2026
Application No. 18/611,441

DETERMINING BERLEKAMP DISCREPANCY VALUES

Non-Final OA §112
Filed
Mar 20, 2024
Examiner
NGUYEN, STEVE N
Art Unit
2111
Tech Center
2100 — Computer Architecture & Software
Assignee
Microchip Technology Inc.
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
2y 9m
To Grant
94%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
472 granted / 634 resolved
+19.4% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
23 currently pending
Career history
657
Total Applications
across all art units

Statute-Specific Performance

§101
10.6%
-29.4% vs TC avg
§103
49.2%
+9.2% vs TC avg
§102
9.4%
-30.6% vs TC avg
§112
27.3%
-12.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 634 resolved cases

Office Action

§112
DETAILED ACTION 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/9/2025 has been entered. Election/Restrictions Claim 16 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Allowable Subject Matter Claims 1, 2, 4-7, 9-11, and 13-15 are allowed for the reasons provided by Applicant on pages 9-10 of the Remarks filed 12/9/2025. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Response to Arguments Applicant’s arguments, see pages 9-10 of the Remarks filed 12/9/2025, with respect to the 103 rejections have been fully considered and are persuasive. The 103 rejections have been withdrawn. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 3, 8, 12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 3 and 12 recite, “a portion of a polynomial expression”. The claim is incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. It is unclear what the polynomial expression is because it is not recited. Therefore, it is impossible to determine “a portion” of an unknown expression since it is relative to the unknown expression. Claim 8 recites, “wherein the second computational circuit implements a repeated polynomial sub-expression that is a common portion of polynomial expressions in Berlekamp discrepancy determinations for multiple iterations of the Berlekamp algorithm.” It is unclear whether “common” in this context means “occurring often”; or whether it means “shared by more than one”. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE N NGUYEN whose telephone number is (571)272-7214. The examiner can normally be reached M-F 9-5. 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, Mark Featherstone can be reached at 571-270-3750. 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. /STEVE N NGUYEN/Primary Examiner, Art Unit 2111
Read full office action

Prosecution Timeline

Mar 20, 2024
Application Filed
Jun 19, 2025
Non-Final Rejection — §112
Sep 23, 2025
Response Filed
Oct 03, 2025
Final Rejection — §112
Dec 09, 2025
Response after Non-Final Action
Jan 07, 2026
Request for Continued Examination
Jan 23, 2026
Response after Non-Final Action
Feb 06, 2026
Non-Final Rejection — §112 (current)

Precedent Cases

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Patent 12562754
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2y 5m to grant Granted Feb 24, 2026
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
74%
Grant Probability
94%
With Interview (+19.7%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 634 resolved cases by this examiner. Grant probability derived from career allow rate.

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