Prosecution Insights
Last updated: August 17, 2026
Application No. 19/017,063

FLUCTUATING PROGRESS INDICATOR

Non-Final OA §102
Filed
Jan 10, 2025
Priority
Jun 10, 2016 — provisional 62/348,808 +4 more
Examiner
FRISBY, KESHA
Art Unit
3715
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Apple Inc.
OA Round
1 (Non-Final)
53%
Grant Probability
Moderate
1-2
OA Rounds
2y 1m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
403 granted / 765 resolved
-17.3% vs TC avg
Strong +24% interview lift
Without
With
+23.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
28 currently pending
Career history
798
Total Applications
across all art units

Statute-Specific Performance

§101
23.8%
-16.2% vs TC avg
§103
36.1%
-3.9% vs TC avg
§102
22.6%
-17.4% vs TC avg
§112
14.7%
-25.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 765 resolved cases

Office Action

§102
CTNF 19/017,063 CTNF 80987 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. 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) 1-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Kamakin (RU 2158021 C1) . Referring to claims 1, 8 & 15, Kamakin discloses comprising receiving a first user input at a user device to begin a breathing sequence (determine number of breaths); providing first heart rate information on a display of the user device during a first phase of the breathing sequence, wherein the first heart rate information is generated based on first collected heart rate data (heart rate sensor); causing fluctuation of a fluctuating user interface element on the display of the user device during a second phase of the breathing sequence (display of fluctuations); and providing second heart rate information on the display of the user device during a third phase of the breathing sequence, wherein the second heart rate information is generated based on second collected heart rate data (readings). Referring to claims 2 & 9 & 16, Kamakin discloses wherein the first heart rate information comprises a first heart rate user interface element and a first heart metric, and the second heart rate information comprises a second heart rate user interface element and a second heart metric (heart rate sensor). Referring to claims 3, 10 & 17, Kamakin discloses wherein the first heart rate user interface element pulsates in a manner that corresponds to a first measured heart rate based on the first collected heart rate data (reading/display of fluctuations). Referring to claims 4, 11 & 18, Kamakin discloses wherein the second heart rate user interface element pulsates in a manner that corresponds to a second measured heart rate based on the second collected heart rate data (heart rate sensor). Referring to claims 5, 12 & 19, Kamakin discloses further comprising: during the first phase of the breathing sequence, collecting the first heart rate data using one or more sensors of the user device (heart rate sensor & square pulse generator); and during the third phase of the breathing sequence, collecting the second heart rate data using the one or more sensors of the user device (heart rate sensor & square pulse generator). Referring to claims 6 & 13, Kamakin discloses wherein the first phase comprises a preliminary phase, the second phase comprises a breathing phase, and the third phase comprises a concluding phase, and wherein the breathing phase occurs before the concluding phase and after the preliminary phase (square pulse generator). Referring to claims 7 & 14 & 20, Kamakin discloses wherein the fluctuation comprises repeated growing and repeated shrinking of the fluctuating user interface element at a cyclic rate during the second phase, the cyclic rate corresponding to breath ratio (breaths and exhalations of fluctuations). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHA FRISBY whose telephone number is (571)272-8774. The examiner can normally be reached Monday-Friday 730AM-4PM. 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, Xuan Thai can be reached at 571-272-7147. 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. /KESHA FRISBY/Primary Examiner, Art Unit 3715 Application/Control Number: 19/017,063 Page 2 Art Unit: 3715 Application/Control Number: 19/017,063 Page 3 Art Unit: 3715 Application/Control Number: 19/017,063 Page 4 Art Unit: 3715 Application/Control Number: 19/017,063 Page 5 Art Unit: 3715
Read full office action

Prosecution Timeline

Jan 10, 2025
Application Filed
Apr 16, 2026
Non-Final Rejection mailed — §102
Aug 12, 2026
Examiner Interview Summary
Aug 12, 2026
Applicant Interview (Telephonic)

Precedent Cases

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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
53%
Grant Probability
76%
With Interview (+23.7%)
3y 8m (~2y 1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 765 resolved cases by this examiner. Grant probability derived from career allowance rate.

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