Prosecution Insights
Last updated: August 15, 2026
Application No. 18/705,130

METHOD OF INJECTING DIHYDROERGOTAMINE INTO THE BODY

Non-Final OA §103§DP
Filed
Apr 26, 2024
Priority
Oct 29, 2021 — IN 202121049646 +2 more
Examiner
ULSH, DUNG T
Art Unit
Tech Center
Assignee
Sun Pharmaceutical Industries Ltd.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
294 granted / 374 resolved
+18.6% vs TC avg
Strong +17% interview lift
Without
With
+16.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
28 currently pending
Career history
400
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
39.6%
-0.4% vs TC avg
§102
30.2%
-9.8% vs TC avg
§112
23.5%
-16.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 374 resolved cases

Office Action

§103 §DP
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 . Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claim(s) 31-36, 38-42, 44, 46-48 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goyani et al. (US 2020/0108061) in view of AIMOVIG (NPL filed on 04/26/2024 – in the 04/26/2024 IDS cite no. A26. Examiner notes: Examiner attached a clear copy with this office action) and Maritan (US 2010/0292653). Regarding claim 31, Goyani discloses A method for the acute treatment of migraine headaches with or without aura by injecting an ergoline derivative into a subject in need thereof (see par.0037 for “a parenteral unit dosage form comprising an aqueous solution of dihydroergotamine mesylate is suitable for acute treatment of migraine headaches with or without aura or for acute treatment of cluster headache episodes”, see par. 0039 for “the parenteral unit dosage form is in the form of an autoinjector or a prefilled syringe”, and “the parenteral unit dosage form can deliver to a patient via a needle”), the method comprising: removing an autoinjector from a foil pouch (see par. 0039 for “the prefilled syringe comprises a reservoir, such as, for example, a barrel or a cartridge to store the aqueous solution; a stalked needle attached at one end of the reservoir” and “the parenteral unit dosage form can deliver to a patient via a needle”, see par. 0043 for the aqueous solution is present in an auto-injector or prefilled syringe overwrapped by a pouch), the autoinjector containing the ergoline derivative at room temperature (see par. 0060 for “The auto-injector device filled with the aqueous composition of dihydroergotamine of Example 1 was placed in aluminum pouch with the oxygen scavenger and sealed. The solution was subjected to stability under condition of 25° C./60% relative humidity and at 40° C./75% relative humidity”); Goyani is silent about removing a cap of the autoinjector; pushing the autoinjector down against an injection site of the subject to depress a needle safety guard; pressing and releasing an activation button on the autoinjector to start injection of the ergoline derivative into the subject; holding the autoinjector down against the injection site for at least 10 seconds irrespective of whether a click is generated by the autoinjector; confirming that the injection is complete by viewing a change of color in a viewing window of the autoinjector; and lifting the autoinjector up and away from the injection site and allowing the safety guard to drop down and lock over a needle; wherein the autoinjector is configured such that the activation button and the safety guard are independently operable. However, AIMOVIG teaches a method for treating a medical issue by injecting a medicine into a subject in need there (steps 1-3), the method comprises: removing a cap of the autoinjector (see step 2 – E); pushing the autoinjector down against an injection site of the subject to depress a needle safety guard (see step 3 – H); pressing and releasing an activation button on the autoinjector to start injection of the medicine into the subject (see step 3 – I); holding the autoinjector down against the injection site for at least 10 seconds irrespective of whether a click is generated by the autoinjector (see step 3 – J); confirming that the injection is complete by viewing a change of color in a viewing window of the autoinjector (see step 3 – J for window turns from clear to yellow when injection is done); and lifting the autoinjector up and away from the injection site and allowing the safety guard to drop down (see step 3 – J for after you remove the autoinjector from your skin, the needle will be automatically covered); wherein the autoinjector is configured such that the activation button and the safety guard are independently operable (see step 3 – I for activation button being pressed, and see step 3 – J for the safety guard automatically covering the needle). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Goyani to include AIMOVIG steps, for the purpose of delivering the medicine to the subject in a manner that prevents premature delivery of the medicine, prevents accidental needle sticks, and allows the user to easily confirm the medicine being delivered (steps 1 to 4 of AIMOVIG). Goyani in view of AIMOVIG is silent about the step of allowing the safety guard to lock over a needle. However, Maritan teaches a method for treatment of a medical issue by injecting a medicine into a subject (par. 0003) using an autoinjector (see fig. 1), the method comprises pushing the autoinjector down against an injection site of the subject to depress a needle safety guard (par. 0050), pressing an activation button to start injection of the medicine (par. 0050), and lifting the autoinjector up and away form the injector site and allowing the safety guard to drop down and lock over a needle (par. 0040). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to further modify Goyani to include Maritan step of locking the safety guard over the needle, for the purpose of preventing the needle from being exposed after the conclusion of the injection, allowing for safe handling and disposal (par. 0040 of Maritan). Regarding claim 32, Goyani in view of AIMOVIG and Maritan discloses the method of claim 31, Goyani further discloses wherein the ergoline derivative is selected from dihydroergotamine, ergotamine, methysergide, or a pharmaceutically acceptable salt of any thereof (see par. 0001). Regarding claim 33, Goyani in view of AIMOVIG and Maritan discloses the method of claim 31, Goyani further discloses wherein the ergoline derivative is dihydroergotamine or a pharmaceutically acceptable salt of any thereof (see par. 0001). Regarding claim 34, Goyani in view of AIMOVIG and Maritan discloses the method of claim 31, AIMOVIG further teaches generating a first audible feedback at a first time after pressing and releasing the activation button (see step 3 – I), and a second audible feedback at a second time prior to completion of the injection (see step 3 – J). Regarding claim 35, Goyani in view of AIMOVIG and Maritan discloses the method of claim 31, AIMOVIG further teaches activating the activation button after the safety guard is depressed against the injection site (see step 3 – H and step 3 – I). Regarding claim 36, Goyani in view of AIMOVIG and Maritan discloses the method of claim 33, Goyani further discloses wherein the pharmaceutically acceptable salt of dihydroergotamine is dihydroergotamine mesylate (par. 0030), and the dihydroergotamine mesylate is injected in a composition without a monoclonal antibody (see par. 0030 for “the pharmaceutically acceptable salt of dihydroergotamine is dihydroergotamine mesylate” and see par. 0031 for “an aqueous solution of dihydroergotamine or pharmaceutically acceptable salt thereof as a sole active ingredient”). Regarding claim 38, Goyani in view of AIMOVIG and Maritan discloses the method of claim 31, AIMOVIG further teaches holding the autoinjector down against the injection site for less than about 15 seconds (see step 3 – J). Regarding claim 39, Goyani in view of AIMOVIG and Maritan discloses the method of claim 33, Goyani further discloses wherein the pharmaceutically acceptable salt of dihydroergotamine is dihydroergotamine mesylate (pars. 0030, 0032), and wherein about 1 mg of the dihydroergotamine mesylate is injected into the subject or less than about 5 mg of the dihydroergotamine mesylate is injected into the subject (par. 0039 for when the injection is a subcutaneous injection, the injection volume ranges from 0.5 ml to 1 ml, administered using an auto-injector when the unit dose of dihydroergotamine mesylate is from 0.5 mg to 1 mg). Regarding claim 40, Goyani in view of AIMOVIG and Maritan discloses the method of claim 33, Goyani further discloses wherein the pharmaceutically acceptable salt of dihydroergotamine is dihydroergotamine mesylate (pars. 0030, 0032), and about 1 mL of a composition comprising the dihydroergotamine mesylate is injected into the subject (par. 0039 for when the injection is a subcutaneous injection, the injection volume ranges from 0.5 ml to 1 ml, administered using an auto-injector when the unit dose of dihydroergotamine mesylate is from 0.5 mg to 1 mg). Regarding claim 41, Goyani in view of AIMOVIG and Maritan discloses the method of claim 33, AIMOVIG further teaches causing an entirety of a bottommost surface of the safety guard to contact the injection site (see step 3 – G and H). Regarding claim 42, Goyani in view of AIMOVIG and Maritan discloses the method of claim 33, AIMOVIG further teaches wherein pushing the autoinjector down against the injection site comprises maintaining downward force on the autoinjector throughout injection (see step 3 -I and J). Regarding claim 44, Goyani in view of AIMOVIG and Maritan discloses the method of claim 31, AIMOVIG further teaches wherein when injection begins, a portion of the viewing window changes from a first color to a second color (see step 3 – J). Regarding claim 46, Goyani discloses A method for the acute treatment of migraine headaches with or without aura by injecting dihydroergotamine mesylate into a subject in need thereof (see par.0037 for “a parenteral unit dosage form comprising an aqueous solution of dihydroergotamine mesylate is suitable for acute treatment of migraine headaches with or without aura or for acute treatment of cluster headache episodes”, see par. 0039 for “the parenteral unit dosage form is in the form of an autoinjector or a prefilled syringe”, and “the parenteral unit dosage form can deliver to a patient via a needle”), the method comprising: removing an autoinjector from a foil pouch (see par. 0039 for “the prefilled syringe comprises a reservoir, such as, for example, a barrel or a cartridge to store the aqueous solution; a stalked needle attached at one end of the reservoir” and “the parenteral unit dosage form can deliver to a patient via a needle”, see par. 0043 for the aqueous solution is present in an auto-injector or prefilled syringe overwrapped by a pouch), the autoinjector containing the dihydroergotamine mesylate (pars. 0030 and 0032). Goyani is silent about removing a cap of the autoinjector; pushing the autoinjector down against an injection site of the subject to depress a safety guard; pressing and releasing an activation button on the autoinjector to start injection of dihydroergotamine mesylate into the subject; holding the autoinjector down against the injection site for at least 10 seconds, wherein completeness of the injection is confirmable by a change of color viewable in a viewing window of the autoinjector; and lifting the autoinjector up away from the injection site and allowing the safety guard to drop down and lock over a needle; wherein the activation button does not move in response to depressing the safety guard prior to pressing and releasing of the activation button; and wherein in response to pressing and releasing the activation button prior to depressing the safety guard, the safety guard is structured to displace a discrete amount. However, AIMOVIG teaches a method for treating a medical issue by injecting a medicine into a subject in need there (steps 1-3), the method comprises: removing a cap of the autoinjector (see step 2 – E); pushing the autoinjector down against an injection site of the subject to depress a safety guard (see step 3 – H); pressing and releasing an activation button on the autoinjector to start injection of the medicine into the subject (see step 3 – I); holding the autoinjector down against the injection site for at least 10 seconds (see step 3 – J), wherein completeness of the injection is confirmable by a change of color viewable in a viewing window of the autoinjector (see step 3 – J for window turns from clear to yellow when injection is done); and lifting the autoinjector up away from the injection site and allowing the safety guard to drop down (see step 3 – J for after you remove the autoinjector from your skin, the needle will be automatically covered); wherein the activation button does not move in response to depressing the safety guard prior to pressing and releasing of the activation button (see step 3 – G and H); and wherein in response to pressing and releasing the activation button prior to depressing the safety guard, the safety guard is structured to displace a discrete amount (see step 3 – J for safety guard moving to cover the needle). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Goyani to include AIMOVIG steps, for the purpose of delivering the medicine to the subject in a manner that prevents premature delivery of the medicine, prevents accidental needle sticks, and allows the user to easily confirm the medicine being delivered (steps 1 to 4 of AIMOVIG). Goyani in view of AIMOVIG is silent about the step of allowing the safety guard to lock over a needle. However, Maritan teaches a method for treatment of a medical issue by injecting a medicine into a subject (par. 0003) using an autoinjector (see fig. 1), the method comprises pushing the autoinjector down against an injection site of the subject to depress a needle safety guard (par. 0050), pressing an activation button to start injection of the medicine (par. 0050), and lifting the autoinjector up and away form the injector site and allowing the safety guard to drop down and lock over a needle (par. 0040). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to further modify Goyani to include Maritan step of locking the safety guard over the needle, for the purpose of preventing the needle from being exposed after the conclusion of the injection, allowing for safe handling and disposal (par. 0040 of Maritan). Regarding claim 47, Goyani discloses A method for treatment of cluster headaches by injecting an ergoline derivative into a subject in need thereof (see par.0037 for “a parenteral unit dosage form comprising an aqueous solution of dihydroergotamine mesylate is suitable for acute treatment of migraine headaches with or without aura or for acute treatment of cluster headache episodes”, see par. 0039 for “the parenteral unit dosage form is in the form of an autoinjector or a prefilled syringe”, and “the parenteral unit dosage form can deliver to a patient via a needle”), the method comprising: storing, in a foil pouch (see par. 0039 for “the prefilled syringe comprises a reservoir, such as, for example, a barrel or a cartridge to store the aqueous solution; a stalked needle attached at one end of the reservoir” and “the parenteral unit dosage form can deliver to a patient via a needle”, see par. 0043 for the aqueous solution is present in an auto-injector or prefilled syringe overwrapped by a pouch) and at room temperature (see par. 0060 for “The auto-injector device filled with the aqueous composition of dihydroergotamine of Example 1 was placed in aluminum pouch with the oxygen scavenger and sealed. The solution was subjected to stability under condition of 25° C./60% relative humidity and at 40° C./75% relative humidity”), an autoinjector containing the ergoline derivative (pars. 0039, 0043 and 0060); removing the autoinjector from the foil pouch (see par. 0039 for “the prefilled syringe comprises a reservoir, such as, for example, a barrel or a cartridge to store the aqueous solution; a stalked needle attached at one end of the reservoir” and “the parenteral unit dosage form can deliver to a patient via a needle”, see par. 0043 for the aqueous solution is present in an auto-injector or prefilled syringe overwrapped by a pouch); Goyani is silent about removing a cap of the autoinjector, thereby exposing a safety guard; depressing the autoinjector against a first surface of the subject to depress the safety guard; manually actuating the autoinjector to start injection of the ergoline derivative into the subject; maintaining the autoinjector in a position in which it is depressed against the first surface for at least 10 seconds; confirming the injection by viewing a change of color in a window of the autoinjector; and moving the autoinjector out of contact with the first surface and allowing the safety guard to move so as to be situated over a needle; wherein the autoinjector is configured such that an activation button and the safety guard are independently operable, the activation button being disposed at an opposite end of the autoinjector as the safety guard, wherein manually actuating the autoinjector comprises pressing the activation button. However, AIMOVIG teaches a method for treating a medical issue by injecting a medicine into a subject in need there (steps 1-3), the method comprises: removing a cap of the autoinjector (see step 2 – E), thereby exposing a safety guard ((see step 2 – E, and step 3 – G); depressing the autoinjector against a first surface of the subject to depress the safety guard (see step 3 – G and H); manually actuating the autoinjector to start injection of the medicine into the subject (see step 3 – I); maintaining the autoinjector in a position in which it is depressed against the first surface for at least 10 seconds (see step 3 – J); confirming the injection by viewing a change of color in a window of the autoinjector (see step 3 – J for window turns from clear to yellow when injection is done); and moving the autoinjector out of contact with the first surface and allowing the safety guard to move so as to be situated over a needle (see step 3 – J); wherein the autoinjector is configured such that an activation button and the safety guard are independently operable (see step 3 – I for activation button being pressed, and see step 3 – J for the safety guard automatically covering the needle), the activation button being disposed at an opposite end of the autoinjector as the safety guard (see figures in step 3), wherein manually actuating the autoinjector comprises pressing the activation button (see step 3 – I). Regarding claim 48, Goyani in view of AIMOVIG and Maritan discloses the method of claim 47, Goyani further discloses wherein an oxygen scavenger is disposed in the foil pouch (par. 0041). Claim(s) 37, 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goyani et al. (US 2020/0108061) in view of AIMOVIG (NPL filed on 04/26/2024 – in the 04/26/2024 IDS cite no. A26. Examiner notes: Examiner attached a clear copy with this office action) and Maritan (US 2010/0292653) in further view of Solarski et al. (US 2021/0322392). Regarding claim 37, Goyani in view of AIMOVIG and Maritan discloses the method of claim 31, as set forth above, except for further comprising repeating the method (i) within a 24 hour period, (ii) within a one week period, (iii) two more times within a 24 hour period or (iv) five more times within a one week period. However, Solarski teaches a method for the acute treatment of migraine headaches by injecting an ergoline derivative into a subject in need using an autoinjector (par. 0023) where the method is repeated (i) within a 24 hour period, (ii) within a one week period, (iii) two more times within a 24 hour period or (iv) five more times within a one week period (see par. 0034 for the administration can be repeated, as needed, at 1 hour intervals to a total dose of 3 mL, using multiple pre-filled autoinjector devices). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Goyani to include repeating the method (i) within a 24 hour period, (ii) within a one week period, (iii) two more times within a 24 hour period or (iv) five more times within a one week period, as taught by Solarski, for the purpose of allow a patient to self-administer an effective dose of the ergoline derivative in order to receive faster relief from migraine (pars. 0019 and 0034 of Solarski). Regarding claim 45, Goyani in view of AIMOVIG, Maritan, and Solarski discloses the method of claim 37, Solarski further teaches wherein the method is repeated within one week after the method is first performed (see par. 0034 for the administration can be repeated, as needed, at 1 hour intervals to a total dose of 3 mL, using multiple pre-filled autoinjector devices). Claim(s) 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goyani et al. (US 2020/0108061) in view of AIMOVIG (NPL filed on 04/26/2024 – in the 04/26/2024 IDS cite no. A26. Examiner notes: Examiner attached a clear copy with this office action) and Maritan (US 2010/0292653) in further view of Devouassoux et al. (US 2014/0262883). Regarding claim 43, Goyani in view of AIMOVIG and Maritan discloses the method of claim 31, as set forth above, except for wherein a thickness of the viewing window is configured to inhibit light exposure to the ergoline derivative stored in the autoinjector. However, Devouassoux teaches an injector (par. 0018) for delivering a light-sensitive medicine, wherein the injector, including a viewing window thereof, is configured to inhibit light exposure to the medicine stored in the injector (par. 0044). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Goyani to include the viewing window, as taught by Devouassoux, for the purpose of preventing the stored medicine from degrading due to the light exposure prior to injector. Claim(s) 49 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goyani et al. (US 2020/0108061) in view of AIMOVIG (NPL filed on 04/26/2024 – in the 04/26/2024 IDS cite no. A26. Examiner notes: Examiner attached a clear copy with this office action) and Maritan (US 2010/0292653) in further view of Langowski et al. (US 2008/0300133). Regarding claim 49, Goyani in view of AIMOVIG and Maritan discloses the method of claim 48, as set forth above, except for wherein the oxygen scavenger is configured to change color to indicate a degree of absorption. Langowski teaches the oxygen scavenger is configured to change color to indicate a degree of absorption (see fig. 1). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Goyani to include the oxygen scavenger is configured to change color to indicate a degree of absorption, as taught by Langowski, for the purpose of allowing the user to indicate the oxygen absorption (fig. 1 of Langowski). Claim(s) 50 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goyani et al. (US 2020/0108061) in view of AIMOVIG (NPL filed on 04/26/2024 – in the 04/26/2024 IDS cite no. A26. Examiner notes: Examiner attached a clear copy with this office action) and Maritan (US 2010/0292653) in further view of Boyden et al. (US 2017/0259013). Regarding claim 50, Goyani in view of AIMOVIG and Maritan discloses the method of claim 47, as set forth above, except for further comprising: repeating the method at least once within one week, wherein a subsequent dose is administered on a second surface different than the first surface. However, Boyden teaches a method for the acute treatment of migraine (par. 0060) by injecting a medicine into a subject in need using an injector (fig. 1) wherein the method comprises a step of repeating the injection at least once within one week, wherein a subsequent dose is administered on a second surface different than the first surface (see par. 0075 for the injection being repeated at different injection sites over a period of time, e.g., over the course of a 30 to 60 minute office visit). It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to modify Goyani to include a step of repeating the treatment at least once within one week at different injection sites, as taught by Boyden, for the purpose of allowing the user to receive faster relief from migraine. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claim(s) 31-48 is/are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-14, 29 of copending Application No. 17/574,816(reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of the application claims can be found in the patent claims. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant application 18/705,130 Copending application 17/574,816 Claim 31 Claim 1 Claim 32 Claim 2 Claim 33 Claim 3 Claim 34 Claim 1 Claim 35 Claim 5 Claim 36 Claim 6 Claim 37 Claim 7 Claim 38 Claim 8 Claim 39 Claim 9 Claim 40 Claim 10 Claim 41 Claim 11 Claim 42 Claim 12 Claim 43 Claim 13 Claim 44 Claim 14 Claim 45 Claim 7 Claim 46 Claim 6 Claim 47 Claim 1 Claim 48 Claim 29 Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 form. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUNG T ULSH whose telephone number is (571)272-9894. The examiner can normally be reached Monday-Friday 9am-6pm. 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, Bhisma Mehta can be reached at 571-272-3383. 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. /DUNG T ULSH/Examiner, Art Unit 3783
Read full office action

Prosecution Timeline

Apr 26, 2024
Application Filed
Aug 06, 2026
Non-Final Rejection mailed — §103, §DP (current)

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Prosecution Projections

1-2
Expected OA Rounds
79%
Grant Probability
95%
With Interview (+16.7%)
2y 11m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 374 resolved cases by this examiner. Grant probability derived from career allowance rate.

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