USPTO Order Convenes Appeals Review Panel for Ex Parte Desjardins

USPTO Appeals Review Panel

Published September 26th, 2025

Detected March 20th, 2026

Summary

The USPTO has issued a superseding order convening an Appeals Review Panel (ARP) for ex parte Guillaume Desjardins, application 16/319,040. The ARP will grant sua sponte rehearing to review the Board's Decision on Appeal and Decision on Request for Rehearing, focusing on a new ground of rejection of claims under 35 U.S.C. § 101.

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What changed

The United States Patent and Trademark Office (USPTO) has issued a superseding order convening an Appeals Review Panel (ARP) for ex parte Guillaume Desjardins, application 16/319,040. This order grants sua sponte rehearing to review the Board's previous decisions, specifically focusing on a new ground of rejection of claims 1-6 and 8-20 under 35 U.S.C. § 101. The ARP will proceed based on the existing record, with no further briefing authorized at this time.

This action requires legal professionals involved in this patent appeal to be aware of the convened ARP and the focus of the rehearing on a specific statutory rejection. While no immediate action is required from external parties beyond monitoring the proceedings, the review of claims under Section 101 is a critical aspect of patentability that may impact the outcome of the appeal.

What to do next

Monitor proceedings for ex parte Guillaume Desjardins, application 16/319,040.
Note the focus of the ARP rehearing on claims rejection under 35 U.S.C. § 101.

Source document (simplified)

UNITED STATES PA TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 16/319,040 01/18/2019 Guillaume Desjardins 151793 7590 09/26/2025 FISH & RICHARDSON P.C. PO BOX 1022 MINNEAPOLIS, MN 55440-1022 UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONERFORPATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov ATTORNEY DOCKET NO. 45288-8015US 1 CONFIRMATION NO. EXAMINER TRIEU,EMN ART UNIT PAPER NUMBER NOTIFICATION DATE DELIVERY MODE 09/26/2025 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): PATDOCTC@fr.com PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE APPEALS REVIEW PANEL OF THE PATENT TRIAL AND APPEAL BOARD Ex parte GUILLAUME DESJARDINS, RAZVAN PASCANU, RAIA THAIS HADSELL, JAMES KIRKPATRICK, JOEL WILLIAM VENESS, and NEIL CHARLES RABINOWITZ Appeal2024-000567 Application 16/319,040 Technology Center 2100 Before JOHN A. SQUIRES, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, VALENCIA MARTIN WALLACE, Acting Commissioner for Patents, and MICHAEL W. KIM, Vice Chief Administrative Patent Judge. SQUIRES, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. SUPERSEDING ORDER CONVENING APPEALS REVIEW PANEL AND GRANTING SUA SPONTE REHEARING

Appeal2024-000567 Application 16/319,040 An Appeals Review Panel ("ARP") is convened in this ex parte appeal and the Board members identified on this Order will serve as the ARP for this case. The panel has determined to grant rehearing sua sponte to review the Board's Decision on Appeal and Decision on Request for Rehearing in the above-captioned case. The ARP review will focus on the Board's new ground of rejection of claims 1-6 and 8-20 under U.S.C. § 101. The ARP will conduct the rehearing based on the current record and no further briefing is authorized at this time. This Order supersedes the order convening an ARP that issued on August 8, 2025.