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 .
Response to Amendment
The amendment filed 12/08/2025 has been entered. Claim 1, 5-7, 16-23, 39-40, 42-47 are pending in the application. Applicant's amendments to the claims have overcome every objection and 112(b) rejection previously set forth in the Non-final Office Action mailed 08/11/2025.
Claim Rejections - 35 USC § 103
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 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5, 7, 16, 18-20, 22, 23, 42-46 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2018/0193042) in view of Gianotti (US 2013/0237950) and further in view of Alley (US 3,633,579) as evidenced by Dorn (US 2002/0183826).
Regarding claim 1, Wilson discloses an intravascular delivery system (150, Fig 2A) configured for controllable displacement along a guide wire in a blood vessel of interest (Para 0150, lines 5-12), comprising: an outer member (200, Fig 2A) comprising an inner surface defining a sheath lumen (223, Fig 2A), wherein the outer member comprises an outer member proximal end (end near marker 224b, Fig 2A) and an outer member distal end (end near marker 224a, Fig 2A); an inner member (300, Fig 2A) wherein the inner member is configured to be disposed at least partially within the sheath lumen of the outer member (Para 0070, lines 19-21; Para 0125, lines 1-3), wherein the inner member comprises a tapered distal tip (346, Fig 2A) configured with a tapered delivery micro-catheter (Para 0145, lines 14-19); wherein the inner member comprises a shaft (360, Fig 2A), wherein the inner member is configured to extend distally from the outer member by a predetermined maximum distance (See Fig 2B that depicts the engaged mode where the inner member 300 extends by a predetermined maximum distance); and an interconnection mechanism disposed in an operative coupling with the inner member and the outer member, wherein engagement and disengagement between the inner member and the outer member is provided (Para 0161; detents and correspondingly –shaped surface features comprise the interconnection mechanism), wherein the interconnection mechanism is controllably actuated to operate the intravascular delivery system in engaged or disengaged modes of operation; wherein, in the engaged mode of operation (Para 0161), the inner member and the outer member are engaged for a controllable common displacement along the guide wire and the inner member extends distally from the outer member by the predetermined maximum distance, wherein the interconnection mechanism is configured to lock the inner member with the outer member thereby limiting any linear displacement therebetween in the engaged mode of operation (Para 160, lines 29-32), and wherein, in the disengaged mode of operation, the inner member is pulled proximally to disengage the inner member from the outer member, wherein the inner member and the outer member are disengaged for retraction of the inner member from the outer member (Para 0160, lines 19-25; Para 0161; when the coupling features are not engaged, the inner and outer members are no longer coupled to one another and thus the inner member can move freely relative to the outer member and be retracted).
Wilson is silent regarding the inner member comprises a balloon member positioned proximal to the tapered distal tip of the inner member, wherein the balloon member is a pre-dilatation balloon to pre-dilate a blockage within the blood vessel of interest; wherein the shaft comprising an inflation lumen configured to provide a fluid passage to the balloon member; wherein the inner member comprises a frictional element disposed circumferentially around the shaft of the inner member, wherein the second diameter of the frictional element is configured to engage the cooperating portion of the inner surface of the outer member as the single mechanism that prevents forward movement of the inner member relative to the outer member, wherein only a backward movement of the inner member relative to the outer member is permitted when the inner member extends distally from the outer member by the predetermined maximum distance; wherein engagement between the frictional element of the inner member and the cooperating portion of the inner surface of the outer member is provided by the friction forces between the frictional element of the inner member and the cooperating portion of the inner surface of the outer member, wherein the engagement of the frictional element and the cooperating portion of the inner surface of the outer member occurs within the sheath lumen along the length of the outer member, wherein the engagement of the frictional element and the cooperating portion of the inner surface of the outer member occurs at a fixed location closer to the outer member proximal end than the outer member distal end, wherein the balloon member of the inner member is inflated in the engaged mode of operation, the inner member is pulled proximally to disengage the frictional element from the inner surface of the outer member, wherein the balloon member of the inner member is deflated in the disengaged mode of operation.
Gianotti teaches an inner member (110, Fig 4) and an outer member (120, Fig 4); wherein the outer member distal end comprises a tapered configuration that continuously tapers down from a maximum diameter of the outer member to a minimum diameter of the outer member (See Fig 4, Para 0094); wherein the inner member having an elongated body of a predetermined length (See Fig 4) and a balloon member (140, Fig 4) positioned proximal to the tapered distal tip (61, Fig 12B) of the inner member (See Fig 12B) and configured to dilate a blockage within the blood vessel of interest (Para 0006) and attached to said tapered distal tip of said inner member (Para 0120), wherein the balloon member has a fixed length (See Fig 1B); an inflation lumen (130, Fig 4) extending inside said inner member between said proximal section and said balloon member at said distal section to provide a fluid passage between a balloon inflation system and said balloon member (Para 0065); wherein the balloon member comprises a tapered proximal portion (See annotated Fig 4) of the balloon member of the inner member that directly engages the tapered configuration of the outer member distal end at the minimum diameter of the outer member when the inner member extends distally from the outer member by the predetermined maximum distance (See Fig 4), wherein the tapered proximal portion of the balloon member of the inner member continuously tapers from the minimum diameter of tapered configuration of the outer member distal end to a maximum diameter of the balloon member of the inner member when the balloon member of the inner member is inflated (See Fig 4), wherein the maximum diameter of the balloon member of the inner member is greater than the maximum diameter of the outer member when the balloon member of the inner member is inflated (See Fig 4), wherein the balloon member is configured to be deflated to allow for retraction of the inner member from the outer member (Para 0006, Para 0065, Para 0070; as this is a functional limitation of an apparatus claim, the art only needs to be capable of performing the function. As Gianotti teaches that the balloon can be deflated to allow for withdrawal, thus it can perform the claimed function).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inner member disclosed by Wilson to include a balloon proximal to the tapered distal tip and modify the outer member to have a tapered configuration as taught by Gianotti in order to have a device that dilate an obstruction within a body lumen and remodel a vessel wall while maintaining pushability and have an outer member that changes diameter more gradually for particular applications (Para 0006, Para 0094, Para 0120)
The modified invention of Wilson and Gianotti disclose all of the elements of the invention as discussed above, however, is silent regarding the inner member comprises a frictional element disposed circumferentially around the shaft of the inner member, wherein the second diameter of the frictional element is configured to engage the cooperating portion of the inner surface of the outer member as the single mechanism that prevents forward movement of the inner member relative to the outer member, wherein only a backward movement of the inner member relative to the outer member is permitted when the inner member extends distally from the outer member by the predetermined maximum distance; wherein engagement between the frictional element of the inner member and the cooperating portion of the inner surface of the outer member is provided by the friction forces between the frictional element of the inner member and the cooperating portion of the inner surface of the outer member, wherein the engagement of the frictional element and the cooperating portion of the inner surface of the outer member occurs within the sheath lumen along the length of the outer member, wherein the engagement of the frictional element and the cooperating portion of the inner surface of the outer member occurs at a fixed location closer to the outer member proximal end than the outer member distal end, the inner member is pulled proximally to disengage the frictional element from the inner surface of the outer member.
Alley teaches an intravascular delivery system (See abstract) comprising an outer member (12, Fig 1), and inner member (16, Fig 1); wherein the inner member comprises a frictional element (18, Fig 1) disposed circumferentially around the shaft of the inner member, wherein the frictional element comprises a separate member attached to the shaft of the inner member (See Fig 6), wherein the frictional element tapers from a first diameter (diameter of frictional element 18 at distal end 58, Fig 1) to a second diameter (diameter of frictional element 18 at the point of locking contact) greater than the first diameter, wherein the second diameter is proximal to the first diameter, wherein the second diameter of the frictional element exceeds a diameter of a cooperating portion of the inner surface of the outer member (See Fig 6), wherein the second diameter of the frictional element is configured to engage the cooperating portion of the inner surface of the outer member as the single mechanism that prevents forward movement of the inner member relative to the outer member (Col 4, lines 25-50), wherein only a backward movement of the inner member relative to the outer member is permitted when the inner member extends distally from the outer member by the predetermined maximum distance; wherein engagement between the frictional element of the inner member and the cooperating portion of the inner surface of the outer member is provided by the friction forces between the frictional element of the inner member and the cooperating portion of the inner surface of the outer member, wherein the engagement of the frictional element and the cooperating portion of the inner surface of the outer member occurs within the sheath lumen along the length of the outer member, wherein the engagement of the frictional element and the cooperating portion of the inner surface of the outer member occurs at a fixed location (the location that the frictional element engages with the outer member is fixed at the proximal enlarged portion 38) closer to the outer member proximal end than the outer member distal end, the inner member is pulled proximally to disengage the frictional element from the inner surface of the outer member, wherein the inner member is prevented from forward movement relative to the outer member in the engaged mode of operation, wherein the disengaged mode of operation permits introduction of a medical device through the outer member after removal of the inner member (Col 4, line 74 – Col 5, line 13 and Col 5, lines 30-38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the interconnection mechanism disclosed by Wilson with the frictional element taught by Alley in order to have a mechanism that provides sealing as well as a locking system (Col 2, lines 50-54).
Examiner notes the modified invention of Wilson, Gianotti, and Alley discloses wherein the balloon member of the inner member is inflated in the engaged mode of operation as the balloon member of Gianotti is placed at a distal tip of the inner member and as seen in 4, the balloon is distal to the distal end of the outer member. Thus, the balloon member can be inflated in the engaged mode since there is nothing hindering it. The modified invention of Wilson, Gianotti and Alley discloses wherein the balloon member of the inner member is deflated in the disengaged mode of operation as the inner member is placed in the disengaged mode of operation to remove it from the outer member and the balloon must be deflated to remove the inner member from within the outer member best illustrated in Fig 6A of Gianotti. Further, all of the elements of the claimed invention are disclosed in the prior art as evidenced by Dorn. While Gianotti’s balloon 140 is not explicitly defined as a pre-dilatation balloon, it is used to dilate an occlusion as described in Para 0006. Dorn shows that an inner member (29, Fig 1e) fed within an outer member (16, Fig 1e) can comprise a balloon (28, Fig 1e) that is used as a pre-dilatation balloon in order to prepare the stenosis/occlusion by dilating it prior to placement of a stent (Para 0060). Thus, Gianotti’s balloon 140 can be used as a pre-dilatation balloon within the modified invention of Wilson, Gianotti, and Alley. Dorn also shows that a separate inner member 29 can be removed from the outer member 16 and a separate stent catheter can be configured to be advanced distally through the outer member (Para 0061). Wilson, Gianotti, and Alley disclose all of the structure of the claimed invention of claim 1 and Dorn provides teachings that these structures can be used in line with the intended use defined in the claim and thus all of the elements of claim 1 are obvious in view of the prior art cited.
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Regarding claim 3, the modified invention of Wilson, Gianotti, and Alley further discloses the balloon member (140, Fig 4 - Gianotti) assumes an inflated configuration and a deflated configuration (Para 0070 - Gianotti), wherein in said deflated configuration, said balloon member is configured to be displaced in the blood vessel, and wherein when said balloon member is configured to be controllably transformed into said inflated configuration within the blood vessel (Para 0006 - Gianotti).
Regarding claim 5, the modified invention of Wilson, Gianotti, and Alley further discloses a diameter of said tapered delivery micro-catheter (346, Fig 2A -Wilson) at a distal end thereof does not exceed 1mm (Para 0145, lines 14-19 -Wilson; 0.031in = 0.79mm).
Regarding claim 7, the modified invention of Wilson, Gianotti, and Alley further discloses an outer member pusher (230, Fig 4F -Wilson) configured with a flattened portion (Para 0128 -Wilson, lines 1-9; the solid wire can be oval or quarter circle shaped) at a distal end thereof and secured to the outer member proximal end (Para 0127, lines 1-5; Also see Fig 2A -Wilson).
Regarding claim 16, the modified invention of Wilson, Gianotti, and Alley disclose said tapered delivery micro-catheter (346, Fig 2A –Wilson) comprises a flexible material having differential flexibility along a length thereof, wherein the flexibility of the tapered delivery micro-catheter increases towards a distal end thereof (Para 0146, lines 6-8 -Wilson).
Regarding claim 18, the modified invention of Wilson, Gianotti, and Alley further discloses a flat wire helical coil member (“wound ribbon”, Para 0117 -Wilson) forming at least a portion of the outer member (200, Fig 2A -Wilson) (Para 0117 -Wilson).
Regarding claim 19, the modified invention of Wilson, Gianotti, and Alley further discloses the outer member pusher (230, Fig 4F -Wilson) comprises a round solid wire flattened at the distal end thereof (Para 0128 -Wilson, lines 1-9; the solid wire can be oval or quarter circle shaped),
Regarding claim 20, the modified invention of Wilson, Gianotti, and Alley further discloses the flat wire helical coil member comprises a shape memory alloy (Para 0117, lines 1-10 -Wilson; Nitinol is a shape-memory alloy).
Regarding claim 22, the modified invention of Wilson, Gianotti, and Alley further discloses one or more radio-opaque markers (224a and 344a, Fig 2A -Wilson) attached to the outer member distal end or a distal end of said tapered delivery micro-catheter (Para 0121, lines 1-5; Para 0158, lines 11-16 -Wilson).
Regarding claim 23, the modified invention of Wilson, Gianotti, and Alley discloses one or more radio-opaque markers (344a and 344b, Fig 2A -Wilson) attached to the tapered distal tip (346, Fig 2A -Wilson) of the inner member in proximity to the balloon member (140, Fig 4 - Gianotti) (As the balloon member is attached to the distal tip of inner member as taught by Gianotti and the markers are on a distal tip of the inner member as taught by Wilson, the modified invention of Wilson and Gianotti would teach that the markers on the distal tip are in proximity to the balloon member on the distal tip).
Regarding claim 42, the modified invention of Wilson, Gianotti, and Alley discloses the balloon member (140, Fig 4 - Gianotti) of the inner member comprises a smooth surface (See Fig 4 -Gianotti; there are no surface features or drug crystals illustrated or discussed and thus is smooth at least compared to a balloon that contains surface features or drug crystals).
Regarding claim 43, the modified invention of Wilson, Gianotti, and Alley discloses the inner member (300, Fig 2A -Wilson) comprises an inner member pusher (366, Fig 2A -Wilson) configured to facilitate retraction of the inner member from the outer member (Para 0142, lines 1-16 -Wilson).
Regarding claim 44, the modified invention of Wilson, Gianotti, and Alley discloses the outer member distal end (end of 200 near marker 224a, Fig 2A -Wilson) is tapered to provide a smooth transition between the outer member distal end and the inner member (Para 0099, lines 3-8 -Wilson).
Regarding claim 45, the modified invention of Wilson, Gianotti, and Alley discloses a portion of the inner member (300, Fig 2A -Wilson) is tapered to provide a smooth transition between the outer member distal end and the inner member (Portion 346 is tapered to provide a smooth transition as best seen in Fig 2B -Wilson).
Regarding claim 46, the modified invention of Wilson, Gianotti, and Alley discloses the outer member (200, Fig 2A -Wilson) distal end is configured to be stretched to form a nearly flush outer surface at the point at which the inner member (300, Fig 2A -Wilson) exits the outer member (Para 0148; the minimized lip between the two elements can be interpreted as nearly flush)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2018/0193042) in view of Gianotti (US 2013/0237950) and further in view of Alley (US 3,633,579) and further in view of Meguro (US 2002/0087076).
Regarding claim 6, the modified invention of Wilson, Gianotti, and Alley discloses said outer member, at the distal end thereof, is configured with a tapered outer tip (Para 0099, lines 3-8 -Wilson), however, is silent regarding wherein a dimensional transition between the outer diameter of the outer member and the outer diameter of the inner member is below 0.004".
Meguro teaches a tapered distal tip (5a, Fig 6) of said inner member (A, Fig 6) interfaces, at the outer surface thereof, with an inner surface of said tapered outer tip (6a, Fig 6) of said outer member (B, Fig 6), and wherein a dimensional transition between the outer diameter of the outer member and the outer diameter of the inner member is below 0.004" (Para 0059, “without a gap”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inner member and outer member disclosed by Wilson, Gianotti, and Alley to have a dimensional transition below 0.004” as taught by Meguro in order to have an intravascular system that can mitigating pains felt by the patient (Para 0002; Para 0020-0021).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2018/0193042) in view of Gianotti (US 2013/0237950) and further in view of Alley (US 3,633,579) and further in view of Sutton (US 5704926).
Regarding claim 17, the modified invention of Wilson, Gianotti, and Alley discloses the material of the tapered delivery micro-catheter increases in flexibility towards the distal end (Para 0146, lines 6-8 -Wilson), however, it is silent regarding the tapered delivery micro-catheter comprises a flat wire helical coil, and wherein a pitch of said flat wire helical coil changes along the length of said tapered delivery micro-catheter to increase the flexibility of the tapered delivery micro-catheter towards the distal end thereof.
Sutton teaches a catheter (10, Fig 2) that is formed of a flexible material having differentially flexibility along the length (Col 3, lines 28-51) and includes a flat wire helical coil (14, Fig 2) extending along said predetermined length of said catheter, and wherein the pitch of said flat wire helical coil changes along the length of said catheter to increase the flexibility of the catheter towards the distal end thereof (Col 3, lines 28-51)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tapered delivery micro-catheter disclosed by Wilson, Gianotti, and Alley to include a flat wire helical coil of varying pitch in order to have a micro-catheter that has a good compression strength at the proximal end and has great trackability at the distal end (Col 3, lines 28-51).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2018/0193042) in view of Gianotti (US 2013/0237950) and further in view of Alley (US 3,633,579) and further in view of Stigall (US 2014/0058251).
Regarding claim 21, the modified invention of Wilson, Gianotti, and Alley discloses the flat wire helical member can be made of a variety of different materials (Para 0117 -Wilson), however, it is silent regarding said flat wire helical coil comprises a radio-opaque material.
Stigall discloses a flat wire helical coil member (120, Fig 2) is formed of a radio-opaque material (Para 0034, lines 1-6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flat wire helical coil member disclosed by Wilson, Gianotti, and Alley with the radio-opaque flat wire helical coil taught by Stigall in order to have a micro-catheter where the user can visualize the progress of the catheter toward the target location (Para 0003, lines 1-3).
Claim 39 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2018/0193042) in view of Gianotti (US 2013/0237950) and further in view of Alley (US 3,633,579) and further in view of Simpson (US 2016/0144155).
Regarding claim 39, the modified invention of Wilson, Gianotti, and Alley discloses the inner member comprises a balloon inflation hub herein the balloon member is configured to be inflated with fluid (Para 0065 -Gianotti), however, it is silent regarding wherein the balloon member is configured to be inflated with air.
Simpson teaches a balloon member (107, Fig 1) configured to be inflated with air (Para 0027, lines 1-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the balloon disclosed by Wilson, Gianotti, and Alley to be a balloon that is configured to inflate with air since Simpson teaches a balloon inflated with fluid or a balloon inflated with air could be used to achieve the same result (providing an inflatable member (Para 0009, lines 22-26)) and thus a balloon inflated with fluid and a balloon inflated with air were art-recognized equivalents at the time the invention was made. It has been held that substituting parts of an invention involves only routine skill in the art.
Claim 40 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2018/0193042) in view of Gianotti (US 2013/0237950) and further in view of Alley (US 3,633,579) and further in view of Tegels (US 2014/0194918).
Regarding claim 40, the modified invention of Wilson, Gianotti, and Alley discloses all of the element of the invention as discussed above, however is silent regarding the inner member comprises a rapid exchange guidewire port.
Tegels teaches an inner member (20, Fig 2C) comprising a rapid exchange guidewire port (22, Fig 2C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inner member disclosed by Wilson, Gianotti, and Alley to include a rapid exchange guidewire port as taught by Tegels in order to provide a guidewire lumen with a shorter length to allow for quicker insertion and removal of guidewires (Para 0007).
Claim 47 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson (US 2018/0193042) in view of Gianotti (US 2013/0237950) and further in view of Alley (US 3,633,579) and further in view of Limon (US 6585747).
The modified invention of Wilson, Gianotti, and Alley discloses the stent (Para 0091, lines 23-30 -Wilson) , wherein the stent is configured to be disposed at least partially within the sheath lumen of the outer member (the working device such as the stent is delivered through the outer member or catheter 200 as described in para 0094-0095 -Wilson), wherein the inner member and the stent are separate interventional devices (Para 0091, lines 23-30 -Wilson), however is silent regarding a stent catheter comprising a delivery balloon and a stent, wherein the stent catheter is configured to be disposed at least partially within the sheath lumen of the outer member subsequent to pre-dilatation, wherein, in a stent delivery mode of operation, the inner member is removed from the outer member and the stent catheter is configured to be advanced distally through the outer member, wherein the delivery balloon of the stent catheter is configured to be inflated to deploy the stent within the blood vessel of interest.
Limon teaches a stent catheter (12, Fig 1) comprising a delivery balloon (14, Fig 1) and a stent (26, Fig 1), wherein the stent catheter is configured to be disposed at least partially within the sheath lumen (“guide catheter”) of the outer member subsequent to pre-dilatation, wherein the inner member and the stent catheter are separate interventional devices , wherein, in a stent delivery mode of operation, the inner member is removed from the outer member and the stent catheter is configured to be advanced distally through the outer member, wherein the delivery balloon of the stent catheter is configured to be inflated to deploy the stent within the blood vessel of interest (Col 3, line 66- Col 4, line 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the stent disclosed by Wilson, Gianotti, and Alley to be a stent catheter comprising a delivery balloon and stent as taught by Limon in order to have a system that can reduce or prevent catching of the stent on objects as it moves through the vasculature and a system having a relatively low profile (Col 2, lines 12-19).
Response to Arguments
Applicant’s arguments filed 12/08/2025, on pages 8-10, regarding Giannotti’s ballon being configured to expose various lengths and diameters of the expandable members and thus the balloon member does not have a fixed length as required by claim 1 have been fully considered but are not persuasive. Para 0074 of Giannotti details that the outer tubular member can be selectively positioned in retracted positions to expose various lengths and diameters of the expandable member, however, it does not detail changing the actually dimensions of the expandable member. Thus, while the exposed length is being changed, the actual length of the balloon member is still fixed. This is confirmed in Fig 1B Giannotti showing balloon member 140 having a fixed length. More specificity is needed to overcome the prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ANTARIUS S DANIEL/Examiner, Art Unit 3783
/BHISMA MEHTA/Supervisory Patent Examiner, Art Unit 3783