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 .
Preliminary Note
Examiner notes an error in the rejection heading on Page 3 of the Non-Final Rejection filed 22 December 2025. Claim 13 is missing from the rejection heading despite being included in the rejection under 35 U.S.C. 103 over Bosley in view of De Cicco.
Response to Arguments
Applicant’s argument on Page 9 regarding the objection to the drawings has been fully considered. The objection to the drawings is withdrawn in view of the amendments.
Applicant’s argument on Pages 9-12 regarding the rejection of Claims 1, 13, and 21 under 35 U.S.C. 103 Bosley in view of De Cicco has been fully considered but is not persuasive under new grounds of rejection as below.
Claim Objections
Claim 1 is objected to because of the following informalities: grammatical error. The claim should be amended to “[…] defining an echogenic lumen and an echogenic outer surface of the catheter, the at least one structured echogenic portion […]” in order to make sense grammatically. Appropriate correction is required.
Claim 26 is objected to because of the following informalities: minor antecedent basis error. The claim should be amended to “[…] a targeted site within [[a]] the patient […]” in order to make sense grammatically. Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claims 1, 3-4, 13, 21-22, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Rajendran et al. (US 20170265746) in view of Crisman et al. (US 20170112528).
Regarding Claim 1, Rajendran teaches an echogenically enhanced medical device, (Fig. 1 and [0168] “ The orientation and the location of the catheter 202 and its lateral port can be monitored through the use of markers, e.g., radiopaque, […] and the like, via visualization techniques.”), comprising:
a) a body portion configured to be inserted within human or animal tissue, (Claim 106 “wherein the cannula and the over the needle catheter are configured to be inserted into a patient substantially simultaneously”), wherein the body portion comprises a catheter, (Claim 106 “over the needle catheter”), having a proximal end, (Claim 106 “over the needle catheter comprising a proximal end”), an open distal tip defining a distal end, (Claim 106 “over the needle catheter comprising a […] a distal end […] wherein at least a portion of the cannula is arranged within the lumen of the over the needle catheter such that a distal end of the cannula extends past the distal end of the over the needle catheter,” where it is understood by one of ordinary skill in the art that because the distal end of the cannula extends past the distal end of the over the needle catheter, there is an open distal tip defining the distal end. See also Figs. 25A-25B.), and an outer surface, ([0210] “external […] surface of a catheter,” where one of ordinary skill in the art will understand that all embodiments of the catheter of Rajendran will include an external surface.), wherein the body portion defines a lumen extending from the proximal end to the distal end (Claim 106 “an over the needle catheter comprising […] a lumen extending from the proximal end of the over the needle catheter to the distal end of the over the needle catheter”);
b) wherein the echogenically enhanced medical device is an over-the-needle catheter assembly comprising a needle and the catheter, which is coaxially mounted to the needle (Fig. 32 and [0089] “FIG. 32 illustrates an operator inserting the needle and catheter into the patient according to an example of the invention,” where it is noted that the catheter and needle are coaxially mounted (there is one axis of insertion).), and
c) wherein the needle is movable beyond the open distal tip of the catheter (Figs. 25A-25B and [0217] “The apparatus 2500 includes an integrated guidewire with a needle to allow for single handed deployment of guidewire by advancing the tab on the needle hub.”).
However, Rajendran does not explicitly teach the body portion having a first acoustic impedance, wherein the body portion further comprises at least one structured echogenic portion having a second acoustic impedance configured to enhance ultrasonic imaging of the medical device when inserted into a patient, wherein the at least one structured echogenic portion comprises a structured shape defining an echogenic lumen and an echogenic outer surface of the catheter the at least one structured echogenic portion is shaped from an echogenic material such that a portion of the catheter is entirely formed from the echogenic material, wherein the body portion comprises at least two non-echogenic portions, wherein the needle comprises an echogenic portion that is offset from the at least one structured echogenic portion of the catheter, and when the needle is moved distally the echogenic portion of the needle is positioned on the portion of the needle that extends beyond the open distal tip.
In an analogous echogenic needle assembly field of endeavor, Crisman teaches an echogenically enhanced medical device, (Abstract “A needle assembly has a needle having an echogenic feature proximate to its distal sharp tip mounted to an echogenic cannula”), comprising:
a) the body portion having a first acoustic impedance, ([0044] “The outer circumferential wall of cannula 44 is smooth”),
b) wherein the body portion further comprises at least one structured echogenic portion having a second acoustic impedance configured to enhance ultrasonic imaging of the medical device when inserted into a patient, ([0044] “a plurality of bubbles 53 are formed in the body of cannula 44” and [0045] “the density of the gas bubbles are selected to ensure that the cannula shaft 44 is echogenic.”),
c) wherein the at least one structured echogenic portion comprises a structured shape defining an echogenic lumen and an echogenic outer surface of the catheter, (Figs. 8, 9, 10A-10B and [0044] “cannula 42 may comprise a longitudinal shaft, catheter or sleeve defining an axial bore 46 that has a distal end 48 and a proximal end 50.”), the at least one structured echogenic portion is shaped from an echogenic material such that a portion of the catheter is entirely formed from the echogenic material, ([0044] “a plurality of bubbles 53 are formed in the body of cannula 44”),
d) wherein the body portion comprises at least two non-echogenic portions, ([0045] “the shaft of cannula 44 […] may be made from a flexible plastic material such as PEBA, nylon, PVC, polyethylene, polyprophelene, polyester or polyurethane to which a foaming agent is added to form gas interstices in the form of gas bubbles 53 along […] at least one portion thereof.”), wherein the needle comprises an echogenic portion that is offset from the at least one structured echogenic portion of the catheter, (Figs. 9, 10A-10B and [0043] “needle 32 has a patient end 34 that has a bevel sharp tip 34a. At tip 34a or approximate thereto is an echogenic feature 36”), and the echogenic portion of the needle is positioned on the portion of the needle that extends beyond the open distal tip (Fig. 10A).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Rajendran with Crisman because the modification offers the ability to be readily guided during its placement into the body of a subject patient under ultrasound observation, and the positioning of the cannula in the body after the placement can readily be confirmed, as taught by Crisman in [0004].
Regarding Claim 3, the modified device of Rajendran teaches all limitations of Claim 1, as discussed above. Furthermore, Rajendran teaches wherein the body portion is formed from one or more of metal material, ([0177] “A reinforcement material 332, e.g., […] metal and the like as known in the art, is added to a body of the catheter 302”), plastic material, ([0185] “the catheters may be composed of multiple components that are mixed as a blend, such as a plasticized system”), ceramic material, and resin-based material.
Regarding Claim 4, the modified device of Rajendran teaches all limitations of Claim 1, as discussed above. Furthermore, Crisman teaches wherein the second acoustic impedance is different from the first acoustic impedance (Where one of ordinary skill in the art would understand that when the acoustic signal travels through the smooth outer circumferential wall to the bubbles in the body of the cannula 44, there is acoustic mismatch, which causes the signal to reflect, scatter, or reverberate.).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Rajendran with Crisman because the modification offers the ability to be readily guided during its placement into the body of a subject patient under ultrasound observation, and the positioning of the cannula in the body after the placement can readily be confirmed, as taught by Crisman in [0004].
Regarding Claim 13, Rajendran teaches a method of preparing an echogenically enhanced medical device, (Fig. 1 and [0168] “ The orientation and the location of the catheter 202 and its lateral port can be monitored through the use of markers, e.g., radiopaque, […] and the like, via visualization techniques.”), comprising the steps of:
a) providing a body portion configured to be inserted within human or animal tissue, (Claim 106 “wherein the cannula and the over the needle catheter are configured to be inserted into a patient substantially simultaneously”), wherein the body portion comprises a catheter, (Claim 106 “over the needle catheter”), having a proximal end, (Claim 106 “over the needle catheter comprising a proximal end”), an open distal tip defining a distal end, (Claim 106 “over the needle catheter comprising a […] a distal end […] wherein at least a portion of the cannula is arranged within the lumen of the over the needle catheter such that a distal end of the cannula extends past the distal end of the over the needle catheter,” where it is understood by one of ordinary skill in the art that because the distal end of the cannula extends past the distal end of the over the needle catheter, there is an open distal tip defining the distal end. See also Figs. 25A-25B.), and an outer surface, ([0210] “external […] surface of a catheter,” where one of ordinary skill in the art will understand that all embodiments of the catheter of Rajendran will include an external surface.), wherein the body portion defines a lumen extending from the proximal end to the distal end (Claim 106 “an over the needle catheter comprising […] a lumen extending from the proximal end of the over the needle catheter to the distal end of the over the needle catheter”);
b) wherein the echogenically enhanced medical device is an over-the-needle catheter assembly comprising a needle and the catheter, which is coaxially mounted to the needle, (Fig. 32 and [0089] “FIG. 32 illustrates an operator inserting the needle and catheter into the patient according to an example of the invention,” where it is noted that the catheter and needle are coaxially mounted (there is one axis of insertion).), and
c) wherein the needle is movable beyond the open distal tip of the catheter (Figs. 25A-25B and [0217] “The apparatus 2500 includes an integrated guidewire with a needle to allow for single handed deployment of guidewire by advancing the tab on the needle hub.”).
However, Rajendran does not explicitly teach the body portion having a first acoustic impedance, forming at least one structured echogenic portion having a second acoustic impedance, wherein the at least one structured echogenic portion is configured to enhance ultrasonic imaging of the medical device when inserted into a patient, wherein the at least one structured echogenic portion comprises a structured shape defining an echogenic lumen and an echogenic outer surface of the catheter, wherein the at least one structured echogenic portion is shaped from an echogenic material such that a portion of the catheter is entirely formed from the echogenic material, wherein the body portion comprises a first non-echogenic portion extending from the proximal end to the at least one structured echogenic portion and a second non-echogenic portion extending from the at least one structured echogenic portion to the distal end, wherein the needle comprises an echogenic portion that is offset from the at least one structured echogenic portion of the catheter, and when the needle is moved distally, the echogenic portion of the needle is positioned on the portion of the needle that extends beyond the open distal tip
In an analogous echogenic needle assembly field of endeavor, Crisman teaches a method of preparing an echogenically enhanced medical device, (Abstract “A needle assembly has a needle having an echogenic feature proximate to its distal sharp tip mounted to an echogenic cannula”), comprising:
a) providing a medical device having the body portion having a first acoustic impedance, ([0044] “The outer circumferential wall of cannula 44 is smooth”),
b) forming at least one structured echogenic portion having a second acoustic impedance, ([0044] “a plurality of bubbles 53 are formed in the body of cannula 44”),
c) wherein the at least one structured echogenic portion comprises a structured shape defining an echogenic lumen and an echogenic outer surface of the catheter, (Figs. 8, 9, 10A-10B and [0044] “cannula 42 may comprise a longitudinal shaft, catheter or sleeve defining an axial bore 46 that has a distal end 48 and a proximal end 50.”), the at least one structured echogenic portion is shaped from an echogenic material such that a portion of the catheter is entirely formed from the echogenic material, ([0044] “a plurality of bubbles 53 are formed in the body of cannula 44”),
d) wherein the body portion comprises at least two non-echogenic portions, ([0045] “the shaft of cannula 44 […] may be made from a flexible plastic material such as PEBA, nylon, PVC, polyethylene, polyprophelene, polyester or polyurethane to which a foaming agent is added to form gas interstices in the form of gas bubbles 53 along […] at least one portion thereof.”), wherein the needle comprises an echogenic portion that is offset from the at least one structured echogenic portion of the catheter, (Figs. 9, 10A-10B and [0043] “needle 32 has a patient end 34 that has a bevel sharp tip 34a. At tip 34a or approximate thereto is an echogenic feature 36”), and the echogenic portion of the needle is positioned on the portion of the needle that extends beyond the open distal tip (Fig. 10A).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Rajendran with Crisman because the modification offers the ability to be readily guided during its placement into the body of a subject patient under ultrasound observation, and the positioning of the cannula in the body after the placement can readily be confirmed, as taught by Crisman in [0004].
Regarding Claim 21, Rajendran teaches a method for identifying an echogenically enhanced medical device within a body of a patient, (Fig. 1 and [0168] “ The orientation and the location of the catheter 202 and its lateral port can be monitored through the use of markers, e.g., radiopaque, […] and the like, via visualization techniques.”), the method comprising the steps of:
a) providing a body portion configured to be inserted within human or animal tissue, (Claim 106 “wherein the cannula and the over the needle catheter are configured to be inserted into a patient substantially simultaneously”), wherein the body portion comprises a catheter, (Claim 106 “over the needle catheter”), having a proximal end, (Claim 106 “over the needle catheter comprising a proximal end”), an open distal tip defining a distal end, (Claim 106 “over the needle catheter comprising a […] a distal end […] wherein at least a portion of the cannula is arranged within the lumen of the over the needle catheter such that a distal end of the cannula extends past the distal end of the over the needle catheter,” where it is understood by one of ordinary skill in the art that because the distal end of the cannula extends past the distal end of the over the needle catheter, there is an open distal tip defining the distal end. See also Figs. 25A-25B.), and an outer surface, ([0210] “external […] surface of a catheter,” where one of ordinary skill in the art will understand that all embodiments of the catheter of Rajendran will include an external surface.), wherein the body portion defines a lumen extending from the proximal end to the distal end (Claim 106 “an over the needle catheter comprising […] a lumen extending from the proximal end of the over the needle catheter to the distal end of the over the needle catheter”);
b) inserting the body portion of the catheter into the body of the patient (Claim 106 “wherein the cannula and the over the needle catheter are configured to be inserted into a patient substantially simultaneously”);
c) wherein the echogenically enhanced medical device is an over-the-needle catheter assembly comprising a needle and the catheter, which is coaxially mounted to the needle, (Fig. 32 and [0089] “FIG. 32 illustrates an operator inserting the needle and catheter into the patient according to an example of the invention,” where it is noted that the catheter and needle are coaxially mounted (there is one axis of insertion).),
d) inserting the needle into the catheter such that the needle is movable beyond the open distal tip of the catheter (Figs. 25A-25B and [0217] “The apparatus 2500 includes an integrated guidewire with a needle to allow for single handed deployment of guidewire by advancing the tab on the needle hub.”); and
e) receiving data signals from an autonomous ultrasound imaging system, the data signals comprising information related to a plurality of ultrasound waves generated by an ultrasound probe of the autonomous ultrasound imaging system ([0021] “visualizing the catheter placement under ultrasound guidance” and Claim 1 “wherein the cannula comprises a material that is configured to be seen by an external imaging device”).
However, Rajendran does not explicitly teach the body portion having a first acoustic impedance, forming at least one structured echogenic portion on the body portion of the catheter, the structured echogenic portion having a second acoustic impedance, wherein the structured echogenic portion is configured to enhance ultrasonic imaging of the medical device when inserted into the body of the patient, wherein the at least one structured echogenic portion comprises a structured shape defining an echogenic lumen and an echogenic outer surface of the catheter, wherein the at least one structured echogenic portion is shaped from an echogenic material such that a portion of the catheter is entirely formed from the echogenic material and defines the echogenic lumen and the echogenic outer surface of the catheter, wherein the body portion comprises at least one non-echogenic portion, wherein the needle comprises an echogenic portion that is offset from the at least one structured echogenic portion of the catheter; wherein when the needle is moved distally, the echogenic portion of the needle is positioned on the portion of the needle that extends beyond the open distal tip; and identifying the structured echogenic portion of the body portion of the catheter and the echogenic portion of the needle using the received data signals by identifying the structured shape of the at least one structured echogenic portion and the echogenic portion of the needle.
In an analogous echogenic needle assembly field of endeavor, Crisman teaches a method for identifying an echogenically enhanced medical device within a body of a patient, (Abstract “A needle assembly has a needle having an echogenic feature proximate to its distal sharp tip mounted to an echogenic cannula […]. The echogenic tip provides guidance for the movement of the needle assembly under ultrasound observation so that the needle assembly may be more readily maneuvered inside a body. Once correctly positioned, the needle is removed and further confirmation may be made under ultrasound observation that the cannula has been correctly positioned inside the body.”), comprising:
a) the body portion having a first acoustic impedance, ([0044] “The outer circumferential wall of cannula 44 is smooth”),
b) forming at least one structured echogenic portion on the body portion of the catheter, the structured echogenic portion having a second acoustic impedance, ([0044] “a plurality of bubbles 53 are formed in the body of cannula 44”), wherein the structured echogenic portion is configured to enhance ultrasonic imaging of the medical device when inserted into the body of the patient, ([0045] “the density of the gas bubbles are selected to ensure that the cannula shaft 44 is echogenic.”), wherein the at least one structured echogenic portion comprises a structured shape defining an echogenic lumen and an echogenic outer surface of the catheter, (Figs. 8, 9, 10A-10B and [0044] “cannula 42 may comprise a longitudinal shaft, catheter or sleeve defining an axial bore 46 that has a distal end 48 and a proximal end 50.”), wherein the at least one structured echogenic portion is shaped from an echogenic material such that a portion of the catheter is entirely formed from the echogenic material and defines the echogenic lumen and the echogenic outer surface of the catheter, (Figs. 8, 9, 10A-10B and [0044] “cannula 42 may comprise a longitudinal shaft, catheter or sleeve defining an axial bore 46 that has a distal end 48 and a proximal end 50.”), wherein the body portion comprises at least one non-echogenic portion, ([0045] “the shaft of cannula 44 […] may be made from a flexible plastic material such as PEBA, nylon, PVC, polyethylene, polyprophelene, polyester or polyurethane to which a foaming agent is added to form gas interstices in the form of gas bubbles 53 along […] at least one portion thereof.”), wherein the needle comprises an echogenic portion that is offset from the at least one structured echogenic portion of the catheter(Figs. 9, 10A-10B and [0043] “needle 32 has a patient end 34 that has a bevel sharp tip 34a. At tip 34a or approximate thereto is an echogenic feature 36”); wherein when the needle is moved distally, the echogenic portion of the needle is positioned on the portion of the needle that extends beyond the open distal tip (Fig. 10A); and
c) identifying the structured echogenic portion of the body portion of the catheter and the echogenic portion of the needle using the received data signals by identifying the structured shape of the at least one structured echogenic portion and the echogenic portion of the needle (Fig. 7 and [0013] “Upon the initial location of the desired location such as the appropriate blood vessel in the body of the subject patient with the echogenic tip of the needle, with the distal end of the cannula having been guided into the blood vessel, the needle is removed. Since the cannula is echogenic, whether the cannula has been correctly positioned within the body can further be confirmed under ultrasound.”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify the teachings of Rajendran with Crisman because the modification offers the ability to be readily guided during its placement into the body of a subject patient under ultrasound observation, and the positioning of the cannula in the body after the placement can readily be confirmed, as taught by Crisman in [0004].
Regarding Claim 22, the modified device of Rajendran teaches all limitations of Claim 1, as discussed above. Furthermore, Rajendran teaches wherein the proximal end of the catheter includes a hub configured thereon for mating communication with a fluid delivery device (Figs. 1-2A and [0108] “An infusion pump 110 which may be filled with a pharmacological agent”).
Regarding Claim 26, the modified device of Rajendran teaches all limitations of Claim 1, as discussed above. Furthermore, Rajendran teaches wherein the catheter includes infusion holes formed on an outer surface of the second non-echogenic portion to deliver a treatment fluid to a targeted site within a patient ([0187] “plurality of fluid ports 1556 are provided within the tube 1552” and [0190] “This embodiment is better suited for relatively high flow rate delivery of fluid to a region within an anatomical system.”).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Rajendran et al. (US 20170265746) in view of Crisman et al. (US 20170112528) as applied to Claim 1 above, and further in view of Field et al. (US 20040193055).
Regarding Claim 23, the modified device of Rajendran teaches all limitations of Claim 1, as discussed above. Furthermore, Crisman teaches wherein the at least one structured echogenic portion is formed from at least one of extrusion, ([0002] “Where the device is of a plastics material, such as a catheter of the kind described in GB2379610, the wall may include gas bubbles or a bubble-containing material may be incorporated in a stripe occupying only a part of the circumference. GB2400804 describes a similar catheter with several layers.” Where the US application of GB2379610 (Field ‘055) teaches that extrusion is used to form the bubble layered catheter ([0016] “The shaft 1 is extruded in two layers 12 and 13. The first, inner layer 12 is of a clear, transparent polyurethane material and is free of gas bubbles so that its inner surface 14, providing the surface of the bore 10, is completely smooth. The second layer 13 is formed around the entire circumference of the first layer 12 and its outer surface 15 provides the outer surface of the catheter. The second layer 13 incorporates small, gas-filled bubbles 22 the size and distribution of which are selected to increase the visibility of the catheter under ultrasound observation.”).), compression molding, or extrusion molding.
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify with Field because the modification ensures enhanced visibility of he echogenic portions by an efficient process.
Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Rajendran et al. (US 20170265746) in view of Crisman et al. (US 20170112528) as applied to Claims 1 and 13 above, and further in view of De Cicco et al. (US 20190046156).
Regarding Claim 24, the modified device of Rajendran teaches all limitations of Claim 1, as discussed above. However, the modified device of Rajendran does not explicitly teach wherein the at least two non-echogenic portions includes a first non-echogenic portion extending longitudinally from the proximal end to the at least one structured echogenic portion, a second non-echogenic portion extending longitudinally from the at least one structured echogenic portion to the distal end, and a longitudinal section of at least one structured echogenic portion extends longitudinally between the first non-echogenic portion and the second non- echogenic portion.
In an analogous intravascular procedure field of endeavor, De Cicco teaches an echogenically enhanced medical device, ([0028] “the intravascular instrument 102 may include one or more echogenic regions.”), wherein the at least two non-echogenic portions includes a first non-echogenic portion extending longitudinally from the proximal end to the at least one structured echogenic portion, a second non-echogenic portion extending longitudinally from the at least one structured echogenic portion to the distal end, and a longitudinal section of at least one structured echogenic portion extends longitudinally between the first non-echogenic portion and the second non- echogenic portion ([0028] “the intravascular instrument 102 may include one or more echogenic regions. For example, a distal portion of the intravascular instrument 102 may comprise a series of alternating echogenic and non-echogenic regions.” Where “extending longitudinally from the proximal end” is interpreted as extending longitudinally from the end of the proximal end section.).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify with De Cicco because the modification allows for the device to be clearly visible by the physician and/or medical processing system. Furthermore, while De Cicco teaches that the distal end comprises the series of alternating portions it would be obvious that one of ordinary skill in the art may modify the alternating pattern, which may be in the form of inserted processed gas bubbles, to continue right up to the end of the proximal end section of the device of De Cicco in order to ensure complete length visibility via the pattern of non- and echogenic sections to visualize device placement for the physician.
Regarding Claim 25, the modified device of Rajendran teaches all limitations of Claim 13, as discussed above. Furthermore, De Cicco teaches wherein a longitudinal section of at least one structured echogenic portion extends longitudinally between the first non-echogenic portion and the second non-echogenic portion ([0028] “the intravascular instrument 102 may include one or more echogenic regions. For example, a distal portion of the intravascular instrument 102 may comprise a series of alternating echogenic and non-echogenic regions.”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to modify with De Cicco because the modification allows a specific section of the medical device to be visible. This may be beneficial when the longitudinal section contains ports within the echogenic portion that are intended for the region of interest.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA CHRISTINA TALTY whose telephone number is (571)272-8022. The examiner can normally be reached M-Th 8:30-5:30 EST.
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, Mike Carey can be reached at (571) 270-7235. 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.
/MARIA CHRISTINA TALTY/ Examiner, Art Unit 3797
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795
Prosecution Insights