Prosecution Insights
Last updated: October 21, 2026
Application No. 18/899,106

PROCESS FOR CONTROLLING CYANOBACTERIA

Non-Final OA §102
Filed
Sep 27, 2024
Priority
Sep 27, 2023 — provisional 63/585,621
Examiner
GONZALEZ, MADELINE
Art Unit
1773
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Biosafe Systems LLC
OA Round
1 (Non-Final)
72%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
602 granted / 831 resolved
+7.4% vs TC avg
Strong +16% interview lift
Without
With
+16.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
42 currently pending
Career history
868
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.5%
+8.5% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
21.9%
-18.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 831 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 Status Claims 1-8 are rejected. 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. Claim(s) 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boulos (US 2009/0069181). With respect to claim 1, Boulos discloses a product and process for the treatment of water bodies (see paragraph 0002), including: selecting a body of water for treatment, the body of water having a benthic layer including cyanobacteria, as shown in Fig. 1 (pond inherently has a benthic layer; blue green algae is cyanobacteria); b) providing a granular source of hydrogen peroxide (see paragraphs 0031-0036); the granular source having a density greater than the density of the water (see paragraphs 0006, 0008, 0018); c) dispersing the granular source in the body of water (see paragraphs 0078, 0098), d) permitting the granular source to dissolve to provide hydrogen peroxide to the benthic layer (see paragraphs 0027, 0098). With respect to claim 2, Boulos discloses wherein the granular source is dispersed on the surface of the body of water (see paragraph 0098). With respect to claim 3, Boulos discloses wherein the granular source of hydrogen peroxide is sodium carbonate peroxyhydrate (see paragraphs 0028, 0081-0082). With respect to claim 4, Boulos discloses wherein the average particle side of the granular source of hydrogen peroxide of from about 700 microns to 900 microns (see paragraph 0022). With respect to claim 5, Boulos discloses wherein body of water has a bottom, and the granular source of hydrogen peroxide is provided adjacent the bottom of the body of water (see paragraphs 0030, 0042). With respect to claim 6, Boulos discloses where the granular source of hydrogen peroxide releases hydrogen peroxide adjacent the bottom of the body of water (see paragraphs 0031-0036). With respect to claim 7, Boulos discloses wherein the body of water is thermally stratified (see paragraph 0050, body of water with high summer temperatures and low winter temperatures). With respect to claim 8, Boulos discloses wherein the quantity of hydrogen peroxide released is sufficient to control the cyanobacteria, as shown in Figs. 1-2 (see paragraph 0098). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Reimann-Philipp et al. (US 2011/0278230) discloses a process from cleaning water filtration media using hydrogen peroxide. Zarev (US 2023/0271862) discloses a formulation for purifying reservoirs from cyanobacteria using sodium percarbonate. Kiest et al. (US 6,268,205) discloses a subsurface decontamination method using sodium carbonate peroxyhydrate. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELINE GONZALEZ whose telephone number is (571)272-5502. The examiner can normally be reached M-F 9-5:30. 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, Benjamin Lebron can be reached at 571-272-0475. 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. /MADELINE GONZALEZ/Primary Examiner, Art Unit 1773
Read full office action

Prosecution Timeline

Sep 27, 2024
Application Filed
Oct 02, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
72%
Grant Probability
88%
With Interview (+16.0%)
2y 11m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 831 resolved cases by this examiner. Grant probability derived from career allowance rate.

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