Prosecution Insights
Last updated: October 04, 2026
Application No. 18/833,504

COMPOSITION FOR INHIBITING AFLATOXIN PRODUCTION

Non-Final OA §102
Filed
Jul 26, 2024
Priority
Feb 01, 2022 — JP 2022-014052 +1 more
Examiner
ROBINSON, MIKHAIL O'DONNEL
Art Unit
Tech Center
Assignee
National Agriculture And Food Research Organization
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
1y 2m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
77 granted / 130 resolved
-0.8% vs TC avg
Strong +42% interview lift
Without
With
+42.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
48 currently pending
Career history
163
Total Applications
across all art units

Statute-Specific Performance

§101
5.3%
-34.7% vs TC avg
§103
41.0%
+1.0% vs TC avg
§102
21.4%
-18.6% vs TC avg
§112
22.2%
-17.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 130 resolved cases

Office Action

§102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garrigues et al. Direct determination of ethanol and methanol in liquid samples by means of vapor phase-Fourier transform infrared spectroscopy, Vibrational Spectroscopy, December 1997, Pages 219-228. Regarding claims 1-4, Garrigues teaches a FTIR procedure to determine the values of methanol and ethanol in liquid samples, such as alcoholic beverages and cologne. From the experimentations of Garrigues it was determined that the amount of methanol in alcoholic beverages and colognes ranged from 0.5 to 3.5% v/v (relevant to claims 1-4) (abstract). Garrigues additionally teaches the beverages or colognes included 1-propanol and 2-propanol and their values ranges in Fig. 4 PNG media_image1.png 193 511 media_image1.png Greyscale . In terms of inhibiting aflatoxin production by an aflatoxin-producing fungus of the genus Aspergillus is of intended use and does not add any additional structural limitations to the product as per MPEP 211.02 (II): If the body of a claim fully and intrinsically sets forth all of the limitations of the claimed invention, and the preamble merely states, for example, the purpose or intended use of the invention, rather than any distinct definition of any of the claimed invention’s limitations, then the preamble is not considered a limitation and is of no significance to claim construction. Shoes by Firebug LLC v. Stride Rite Children’s Grp., LLC, 962 F.3d 1362, 2020 USPQ2d 10701 (Fed. Cir. 2020). Allowable Subject Matter Claims 5-8 are free of the arts. Closest prior art is of Ren et al., Ethanol lnhibits Aflatoxin B1 Biosynthesis in Asperigillus flavus by Up-Regulating Oxidative Stress-Related Genes, Frontiers in Micro, January 2020, Pages 1-12. Ren teaches a method to inhibit fungal growth and aflatoxin B1 production by Asperigillus flavus (abstract) in a dose dependent manner by the administration of ethanol. Ren teaches in order to investigate the effect of ethanol on Asperigillus flavus growth, concentrations of 2, 2.5, 3, 3.5, 4, 5 and 6% of ethanol was trialed. From the trials Ren concluded 3.5% of ethanol had the greatest down regulation of Asperigillus flavus growth (Pg. 6, right column last para.). Ethanol as known in the art is C2H60 PNG media_image2.png 89 130 media_image2.png Greyscale . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MIKHAIL O'DONNEL ROBINSON whose telephone number is (571)270-0777. The examiner can normally be reached Monday-Friday 7:30am-5:30pm. 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, Kortney Klinkel can be reached at 571-270-5239. 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. MIKHAIL O'DONNEL. ROBINSON Examiner Art Unit 1627 /MIKHAIL O'DONNEL ROBINSON/Examiner, Art Unit 1627 /SARAH PIHONAK/Primary Examiner, Art Unit 1627
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Prosecution Timeline

Jul 26, 2024
Application Filed
Jun 16, 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

1-2
Expected OA Rounds
59%
Grant Probability
99%
With Interview (+42.1%)
3y 4m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 130 resolved cases by this examiner. Grant probability derived from career allowance rate.

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