Prosecution Insights
Last updated: August 15, 2026
Application No. 18/813,266

TRADITIONAL CHINESE MEDICINE COMPOSITION FOR EYEBROW ENHANCEMENT, EYEBROW GROWTH POWDER, PREPARATION METHOD AND USE THEREOF

Non-Final OA §101§112
Filed
Aug 23, 2024
Priority
Aug 23, 2023 — CN 202311064949.3
Examiner
MI, QIUWEN
Art Unit
Tech Center
Assignee
Guangdong Pharmaceutical University
OA Round
1 (Non-Final)
68%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
1087 granted / 1590 resolved
+8.4% vs TC avg
Strong +50% interview lift
Without
With
+49.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
40 currently pending
Career history
1625
Total Applications
across all art units

Statute-Specific Performance

§101
10.1%
-29.9% vs TC avg
§103
44.2%
+4.2% vs TC avg
§102
22.4%
-17.6% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1590 resolved cases

Office Action

§101 §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 Claims 1-10 are pending. Claims 1-10 are examined on the merits. Claim Rejections –35 USC § 112, 2nd The following is a quotation of the second paragraph of 35 U.S.C. 112: 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 9 and 10 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention. Claims 9 and 10 recite “Use of the traditional Chinese medicine composition according to claim 1…”, but, since the claim does not set forth any steps involved in the method/process, it is unclear what method/process applicant is intending to encompass. A claim is indefinite where it merely recites a use without any active, positive steps delimiting how this use is actually practiced. Claims 9 and 10 recite “the eyebrow growth powder”, however, there is insufficient antecedent basis for that recitation. Therefore, the metes and bounds of claims are rendered vague and indefinite. The lack of clarity renders the claims very confusing and ambiguous since the resulting claims do not clearly set forth the metes and bounds of the patent protection desired. 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 9 and 10 are rejected under 35 U.S.C. 101 because the claimed recitation of a use, without setting forth any steps involved in the process, results in an improper definition of a process, i.e., results in a claim which is not a proper process claim under 35 U.S.C. 101. See for example Ex parte Dunki, 153 USPQ 678 (Bd.App. 1967) and Clinical Products, Ltd. v. Brenner, 255 F. Supp. 131, 149 USPQ 475 (D.D.C. 1966). Conclusion Claims 1-8 are allowed. Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIUWEN MI whose telephone number is (571)272-5984. The examiner can normally be reached on Monday-Friday 9:00 am to 5:00 pm. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anand Desai can be reached on 571-272-0947. 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. /Qiuwen Mi/ Primary Examiner, Art Unit 1655
Read full office action

Prosecution Timeline

Aug 23, 2024
Application Filed
Jul 29, 2026
Non-Final Rejection mailed — §101, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12703836
MIXTURE OF COMPOUNDS WITH HIGH MOLECULAR WEIGHTS, OBTAINED FROM SUGAR CANE WAX (SACCHARUM OFFICINARUM L.)
2y 7m to grant Granted Aug 11, 2026
Patent 12696897
CRYOPRESERVING MACROPHAGES
3y 8m to grant Granted Aug 04, 2026
Patent 12697363
COMPOSITION FOR INHIBITING DIABETES MELLITUS AND METHOD OF MANUFACTURING THE SAME
3y 0m to grant Granted Aug 04, 2026
Patent 12691153
METHOD FOR IMPROVING BONE HEALTH BY USING MANGOSTEEN SHELL EXTRACT
2y 2m to grant Granted Jul 28, 2026
Patent 12678514
ALGAE-BASED MICROROBOT FOR DRUG DELIVERY
2y 3m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+49.6%)
2y 6m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1590 resolved cases by this examiner. Grant probability derived from career allowance rate.

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