Prosecution Insights
Last updated: May 29, 2026
Application No. 18/712,831

APPARATUS FOR GENERATING A DIGITAL ACCESS ELEMENT

Non-Final OA §102
Filed
May 23, 2024
Priority
Dec 21, 2021 — EU 21216333.1 +25 more
Examiner
ST CYR, DANIEL
Art Unit
2876
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
BASF Corporation
OA Round
3 (Non-Final)
81%
Grant Probability
Favorable
3-4
OA Rounds
1m
Est. Remaining
95%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allowance Rate
1138 granted / 1399 resolved
+13.3% vs TC avg
Moderate +13% lift
Without
With
+13.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
40 currently pending
Career history
1436
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
47.5%
+7.5% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
1.5%
-38.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1399 resolved cases

Office Action

§102
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 § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 17-19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wollack et al, WO 2020/25013. Wollack et al disclose a blockchain tracking of carbon credits for materials with sequestered carbon comprising: an apparatus for generating a digital access element ("blockchain entry") associated with a coating material ("products" and "paper and board coatings"), wherein the apparatus comprises: a digital identifier providing unit configured to provide a digital identifier ("unique product identifier") associated with the coating material and coating material data ("the type of product, the number of units of product produced, the production date, the ship date"), and (Figure 2, [0035]: "the resins 148 may be thermoformed into useful products including ... paper and board coatings", [0050]: "At block 210, a manufacturer or other entity may produce products using the resin ... Block 210 may involve obtaining unique product identifiers for each unit of product produced", [0051]: At block 212, information associated with the production of the products (produced in step 210) is recorded via at least one entry into the blockchain ledger. As examples, the blockchain entries recorded at block 212 may include any unique product identifiers, the type of product, the number of units of product produced, the production date, the ship date, etc.") a digital access element generator configured to generate the digital access element based on the digital identifier and access data ("authorization information"). (Figure 2, [0051]: WAL block 212, information associated with the production of the products (produced in step 210) is recorded via at least one entry into the blockchain ledger. As examples, the blockchain entries recorded at block 212 may include any unique product identifiers, the type of product, the number of units of product produced, the production date, the ship date, etc.", [0052]: "At block 214, blockchain nodes may provide access to the blockchain, including to owners of the products produced in step 210 and to other interested parties ... respond to requests to retrieve information from the blockchain if sufficient information (such as authorization information, if required in the given embodiment) has been provided in association with the request, according to known methods in the field of blockchains and other distributed ledgers"); Wollack et al further comprising a physical identifier providing unit configured to provide a physical identifier for the coating material, wherein the digital identifier is associated with the physical identifier" in [0050], "further comprising a collector configured to collect coating material data, wherein the digital identifier is associated with the collected coating material data" in [0035] and [0051], "wherein the digital access element includes the digital identifier and the access data" and "wherein the digital identifier providing unit is configured to provide the digital identifier based on one or more precursor digital identifiers associated with one or more precursor materials from which the coating material is manufactured" in [0051 ]-[0052], "wherein the access data allow for an access to at least part of the coating material data" and "wherein the retrieval data comprise digital identifiers and associated access data of coating materials" in [0052], "wherein the coating material data include data on any of: the one or more precursor materials, the coating material itself, a further transport of the manufactured coating material" in [0051], "and wherein the digital identifier is provided based on a physical identifier of the manufactured coating material" in [0050]-[0051], "a digital access elements storage for storing the digital access elements, wherein the retrieval data allow for a retrieval of stored digital access elements from the digital access elements storage" in [0046], [0048], [0051] and [0052]). Allowable Subject Matter Claims 1-16 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The applicant teaches an apparatus for generating at least one digital access element associated with a coating material and a method thereof which includes a digital identifier providing unit for generating a digital identifier associated with the coating material and coating material data, a digital access element generator for generating the at least one digital access element based on the digital identifier and access data, wherein the at least one digital access element includes the digital identifier and the access data, wherein the access data includes one or more digital representations including at least one data element enabling access to the coating material data, wherein the one or more digital representations point to the coating material data or distinct parts of the coating material data, wherein the coating material data is stored in a database associated with a coating material producer accessible by a consumer of the coating material, and wherein access to the coating material data is controlled by the coating material producer via the digital identifier and the digital identifier association with the coating material producer and the coating material data. These limitations in conjunction with other limitations in the claims were not shown by the prior art of record. Response to Arguments Applicant's arguments filed 04/15/26 have been fully considered but they are not persuasive. See examiner remarks. Remarks: In response to the applicant to the applicant’s argument that the prior art (Wollack, WO 2020/25013) fails to disclose generating at least one digital identifier element based digital access element based on digital identifier and access data for providing access to selected data of the coating material data based on level of access, the examiner respectfully disagrees. The structure of the blockchain network is such that each data set or information is written into a block and identified by an associated generated code or identifier (a cryptographic signature or token to ensure only rightful owner or authorized people can access it). The data set or the information is permanently stored and available on the blockchain, which can be accessed using the generated identifier (the data is immutable once it is added to the blockchain). Each identifier is unique to each piece of data or information stored. No two data sets can have the same identifier. The applicant’s argument is not persuasive. Refer to the rejection above. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL ST CYR whose telephone number is (571)272-2407. The examiner can normally be reached M to F 8:00-8:00. 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, Michael G Lee can be reached at 571-272-2398. 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. DANIEL ST CYR Primary Examiner Art Unit 2876 /DANIEL ST CYR/Primary Examiner, Art Unit 2876
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Prosecution Timeline

Show 1 earlier event
Jul 08, 2025
Non-Final Rejection mailed — §102
Nov 06, 2025
Response Filed
Dec 16, 2025
Final Rejection mailed — §102
Mar 04, 2026
Applicant Interview (Telephonic)
Mar 04, 2026
Examiner Interview Summary
Apr 15, 2026
Request for Continued Examination
Apr 20, 2026
Response after Non-Final Action
Apr 30, 2026
Non-Final Rejection mailed — §102 (current)

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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
81%
Grant Probability
95%
With Interview (+13.3%)
2y 1m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 1399 resolved cases by this examiner. Grant probability derived from career allowance rate.

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