Prosecution Insights
Last updated: May 04, 2026
Application No. 18/705,441

METHOD AND APPARATUS FOR PREVENTING ELOPEMENT

Non-Final OA §101
Filed
Apr 26, 2024
Priority
Oct 26, 2021 — provisional 63/272,150 +1 more
Examiner
NGUYEN, TAI T
Art Unit
2685
Tech Center
2600 — Communications
Assignee
Invisalert Solutions Inc.
OA Round
2 (Non-Final)
85%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
924 granted / 1092 resolved
+22.6% vs TC avg
Strong +17% interview lift
Without
With
+17.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
24 currently pending
Career history
1116
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
27.1%
-12.9% vs TC avg
§102
26.5%
-13.5% vs TC avg
§112
28.5%
-11.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1092 resolved cases

Office Action

§101
DETAILED ACTION Information Disclosure Statement The information disclosure statement (IDS) submitted on February 18, 2026 and March 19, 2026 is being considered by the examiner. Claim Rejections - 35 USC § 101 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. Claims 1-7 and 9-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites “monitoring sensor data in the tracking device; determining an elopement based on whether the sensor data exceeds a threshold; turning on scanning for a wireless signal when the elopement is detected based on the sensor data exceeds the threshold; and enabling location-determining operations when the scanned wireless signal does not match a wireless signal associated with a known location stored in the tracking device.” That is, other than reciting “a method,” nothing in the claim element precludes the step from practically being performed in the mind. For example, but for the language, “receiving” in the context of this claim encompasses the user manually receiving the data. Similarly, the limitations of determining an elopement, turning on scanning for a wireless signal, and enabling location determining operation, as drafted, are processes that, under their broadest reasonable interpretation, cover performance of the limitations in the mind but for the recitation of generic computer components. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. In particular, the claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor to perform receiving, analyzing, determining, evaluating, selecting, monitoring, tracking, and handling steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. Response to Arguments Applicant’s arguments with respect to claim(s) 1-7 and 9-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAI T. NGUYEN whose telephone number is (571)272-2961. The examiner can normally be reached Mon-Fri: 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, Quan-Zhen Wang can be reached at 571-272-3114. 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. /TAI T NGUYEN/Primary Examiner, Art Unit 2685 April 22, 2026
Read full office action

Prosecution Timeline

Apr 26, 2024
Application Filed
Oct 09, 2025
Non-Final Rejection — §101
Feb 17, 2026
Response Filed
Apr 22, 2026
Non-Final Rejection — §101 (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

2-3
Expected OA Rounds
85%
Grant Probability
99%
With Interview (+17.3%)
2y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1092 resolved cases by this examiner. Grant probability derived from career allowance rate.

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