Prosecution Insights
Last updated: July 17, 2026
Application No. 18/842,223

Packaging for Terminal Sterilization

Non-Final OA §102§Other
Filed
Aug 28, 2024
Priority
Mar 02, 2022 — provisional 63/315,786 +2 more
Examiner
POON, ROBERT
Art Unit
3735
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Becton, Dickinson and Company
OA Round
1 (Non-Final)
42%
Grant Probability
Moderate
1-2
OA Rounds
1y 4m
Est. Remaining
69%
With Interview

Examiner Intelligence

Grants 42% of resolved cases
42%
Career Allowance Rate
394 granted / 943 resolved
-28.2% vs TC avg
Strong +27% interview lift
Without
With
+26.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
43 currently pending
Career history
1019
Total Applications
across all art units

Statute-Specific Performance

§103
86.5%
+46.5% vs TC avg
§102
2.3%
-37.7% vs TC avg
§112
5.3%
-34.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 943 resolved cases

Office Action

§102 §Other
CTNF 18/842,223 CTNF 85842 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Election/Restrictions 08-25 AIA Applicant's election with traverse of Species III (Fig 3, claims 1-15) in the reply filed on 3/3/2026 is acknowledged. The traversal is on the ground(s) that unity of invention exists among several of the identified species . This is not found persuasive because each species has a distinctive feature not commonly shared among the other species and thus the species lack unity of invention even if they share some common features . The requirement is still deemed proper and is therefore made FINAL. Upon further review, claims 9-15 are directed to non-elected embodiment and are thus hereby WITHDRAWN. Claims 1-8 are examined accordingly. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-8 is/are rejected under 35 U.S.C. 102 a1 as being anticipated by US Patent No. 5,419,638 to Jamison . Regarding claim 1, Jamison discloses a terminally-sterilizable package (10, Fig 1) for a medical device (intended use), comprising a first flexible web (12) having a proximal end (13), a distal end (15), at least one side (18) therebetween defining a first perimeter, a second flexible web (14) having a proximal end (13’), a distal end (15’), at least one side (19) therebetween defining a second perimeter at least partially overlapping with the first perimeter at one or more sealing regions (20, 21), the second web (14) removably attached to the first web (12), the webs defining a compartment configured to hold the medical device since it has the structure as recited, the one or more sealing regions (20, 21, 25) define a tortuous path (22, 22’) fluidly connecting the compartment with an exterior of the package (abstract). Regarding claim 2, Jamison further discloses one or more sealing regions arranged between first flexible web and second flexible web at proximal ends thereof (13, 13’, col. 4, ll. 20-25). Regarding claim 3, Jamison further discloses sealing regions arranged between first and second webs at distal ends thereof (25, col. 4, ll. 20-25). Regarding claim 4, Jamison further discloses sealing regions arranged between the flexible webs at one or more sides thereof (20, 21, col. 4. ll. 20-25). Regarding claim 5, Jamison further discloses the sealing regions arranged at more than one location of overlap (20, 21) between the first and second perimeter. Regarding claim 6, Jamison further discloses first and second flexible webs formed of the same material (polymeric, col. 4, ll. 20-25). Regarding claim 7, Jamison further discloses the material comprising one or more flexible thermoformable plastics (col. 7, ll. 18-25). Regarding claim 8, Jamison further discloses plastics comprising nylon-based films (col. 7, ll. 18-25). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT POON whose telephone number is (571)270-7425. The examiner can normally be reached Monday thru Friday, 8:30 am to 6:00 pm. 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, Anthony Stashick can be reached at (571)272-4561. 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. /ROBERT POON/ Examiner, Art Unit 3735 Application/Control Number: 18/842,223 Page 2 Art Unit: 3735 Application/Control Number: 18/842,223 Page 3 Art Unit: 3735 Application/Control Number: 18/842,223 Page 4 Art Unit: 3735 Application/Control Number: 18/842,223 Page 5 Art Unit: 3735
Read full office action

Prosecution Timeline

Aug 28, 2024
Application Filed
Jun 16, 2026
Non-Final Rejection mailed — §102, §Other (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12630345
RECYCLABLE POUCH FOR A SHIPPING PACKAGE
2y 4m to grant Granted May 19, 2026
Patent 12623828
INSULATING CONTAINER
2y 1m to grant Granted May 12, 2026
Patent 12605001
TWIN CHAMBER MUG DEVICE
2y 0m to grant Granted Apr 21, 2026
Patent 12564466
CONTAINER AND KIT FOR WASHING AND/OR DISINFECTING AND/OR STERILISING MEDICAL INSTRUMENTS
1y 11m to grant Granted Mar 03, 2026
Patent 12552590
PILL CONTAINER ASSEMBLY WITH OUTER SLEEVE
1y 9m to grant Granted Feb 17, 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
42%
Grant Probability
69%
With Interview (+26.9%)
3y 2m (~1y 4m remaining)
Median Time to Grant
Low
PTA Risk
Based on 943 resolved cases by this examiner. Grant probability derived from career allowance rate.

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