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 claims filed on November 26th, 2025, have been entered. Claims 1-7, 11-12, and 14-15 remain pending in the Application. The claims amendments overcome the previous 112(b) rejections.
Response to Arguments
The rejection of claim 11 under 103 over Turjman et al. (Pub. No. 2014/0155980) in view of Zaidat et al. (Pub. No. 2024/0398412) and Carter (U.S. Patent No. 6,663,614) has been withdrawn in light of Applicant’s amendment made November 26th, 2025; specifically, the references do not explicitly disclose the catheter includes an undulated inner surface.
Applicant’s arguments with respect to claim(s) 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. It is noted that Applicant argues that the newly added claim limitation is not taught by Turjman et al., Zaidat et al., or Carter; however, as discussed below, Yoshiyuki et al. (Japanese Patent App. No. 2016/185206) discloses said limitation.
Applicant's arguments regarding the remaining issues discussed below, filed November 26th, 2025, have been fully considered but they are not persuasive.
Regarding claim 1, Applicant argues that none of Turjman et al., Zaidat et al., Carter, or Alonso et al. (Pub. No. 2019/0314177) disclose a catheter including an undulated inner surface and a smooth surface to reduce sliding resistance when contacting with the undulating inner surface of the catheter. Applicant also argues that Alonso et al. does not teach the smooth portion specifically to address the sliding resistance faced by the wire-equipped stent going into the catheter, and instead provides motivations regarding the flexibility and visibility of the marker. Examiner respectfully disagrees. While none of those references discloses a catheter including an undulated inner surface, that limitation is only functionally claimed in claim 1, as the claim language is “a pusher wire configured to be inserted into a catheter including an undulated inner surface.” Claim 1 does not positively recite the catheter as part of, or in combination with, the wire-equipped stent. Because the pusher wire of Turiman is capable of being inserted into an appropriately sized catheter having an undulating inner surface, it meets this recitation of intended use. Regarding Alonso et al., the reference does not need to specifically disclose the benefit obtained by the claimed structural limitations, as those structural limitations provide the benefit.
Regarding claim 2, Applicant argues Turjman et al. does not disclose that the guidewire does not include a coiled member. Examiner respectfully disagrees. Claim 2 states “wherein the smooth portion includes no coiled member” and does not require the pusher wire to be without a coiled member. Since Turjman et al. does disclose that the smooth portion (the exterior coating on the guidewire) is just a coating and does not include any coiled member, Turjman et al. discloses the limitations of the claim.
Regarding claim 3, Applicant argues that Turjman et al. only states that the PTFE can form a low friction surface and does not identify the specific surface roughness values as claimed. Examiner respectfully disagrees. As pointed out in the Non-Final Rejection dated July 28th, 2025, the Specification of the present Application recites PTFE as a material which provides the claimed surface roughness on Page 7. Since Turjman et al. discloses the smooth portion can also be made of PTFE having a low friction surface, the smooth portion is understood to have the claimed surface roughness.
Regarding claims 4-7, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the use of hydrophobic material in a solid layer is in the context of reducing sliding resistance against the undulating inner surface of a catheter, the use of the smooth portion to do the same, and the improvement of maneuverability in narrow vessels in the M1 region) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding claim 12, Applicant argues that there is no motivation to combine a specific wire-equipped stent having a very smooth portion with the catheter of Yoshiyuki et al. for the purpose of addressing the specific problem of increased sliding resistance in the catheter. Examiner respectfully disagrees. As pointed out on Page 13 of the Non-Final Rejection, the substitution of the catheter of Yoshiyuki et al. provides the advantage of increasing the flexibility of the catheter distal end while increasing pushability at the proximal end and allowing for high torque transmission. While this is not the specific advantage disclosed by Applicant in their Specification, the claim language does not require that particular advantage. Examiner will also note that Applicant stated that Yoshiyuki et al. discloses the catheter has an undulating inner surface in [0034].
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4 and 6-7is/are rejected under 35 U.S.C. 103 as being unpatentable over Turjman et al. (Pub. No. 2014/0155980) in view of Zaidat et al. (Pub. No. 2024/0398412) and Carter (U.S. Patent No. 6,663,614).
Regarding claim 1, Turjman et al. discloses a wire-equipped stent comprising:
a pusher wire ([0089] push wire 106; see FIG. 2) configured to be inserted in a catheter ([0089] 106 can be pushed through 102; see FIGs. 1A-1B) including an undulating inner surface (as discussed above in the Response to Arguments, the functional language “configured to” means that 106 only has to be capable of being inserted into a catheter with an undulating inner surface, and if the inner surface of 102 were altered to be undulating without changing the diameter, 106 would still be insertable, thereby satisfying the claim limitation);
a stent ([0089] clot capture member 108; see FIG. 2) connected to a distal end portion of the pusher wire ([0089] 106 and 108 are connected at the distal end of 106 by attachment ring 110; see FIG. 2); and
a smooth portion provided at a distal portion of the pusher wire, and covering an outer surface of the distal portion of the pusher wire ([0098] an exterior coating can be provided on the outer surface of the push wire, as the push wire is indicated to be the guidewire; [0006], [0039], [0043]) to form a smooth surface to reduce sliding resistance when contacting with an inner surface of a catheter ([0098] the exterior coating is used to help reduce friction with the microcatheter 102; FIG. 2);
wherein a distal side end portion of the smooth portion is connected to a proximal side end portion of the stent ([0091] the exterior coating would have its distal side end portion connected to the proximal side end portion of 108 due to the direct connection between 106 and 108 secured by 110; see FIG. 2), wherein a diameter of the distal side end portion of the smooth portion is smaller than a diameter of a proximal side end portion of the smooth portion ([0097] guidewire 106 can taper in the 200 region, and the exterior coating is on the outer surface of 106, so the exterior coating will also have a smaller diameter of its distal portion than the diameter of its proximal portion; see FIG. 2), and
a marker (110, which acts as a visual marker of the attachment between 106 and 108 outside of the body) which is connected to the proximal end portion of the stent (FIG. 2: 110 is attached to the proximal end portion of 108) and which is connected to the distal end portion of the smooth portion (FIG. 2: 110 is attached to the distal end portion of 106, which can have the coating to make the smooth portion).
Turjman et al. does not explicitly disclose a proximal portion of the wire is exposed from the smooth portion and that the distal end portion of the smooth portion and the marker are bonded with each other with an adhesive.
A second embodiment of Turjman et al. teaches a marker (3002; FIG. 35) which is made of a radiopaque material ([0261] 3002 can be made of steel, which is a radiopaque material) and which is bonded by swagging ([0261]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the marker 110 of the first embodiment of Turjman et al. to be made of a radiopaque material and to be bonded by swagging, as taught by the second embodiment of Turjman et al., for the purpose of being able to identify the position of the marker while the marker is within the body.
Zaidat et al. teaches in the same field of endeavor of cerebral clot removal ([0125]) and discloses attaching a radiopaque marker band to the proximal end (120) of an occlusion device (100) by swaging or adhesive bonding ([0143]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted the bonding of Turjman et al. (swaging) for the bonding of Zaidat et al. (adhesives) because both bonding methods are disclosed as equivalent methods of securing the distal end portion of the smooth portion and the marker to each other, and the substitution of one for the other would have had the predictable result of bonding the distal end portion of the smooth portion to the marker.
Carter teaches a tubular body (shaft 16; FIG. 7; C7:L11-13) with a proximal portion (proximal portion of 16) and a distal portion (distal portion of 16, near 56) where the distal portion is covered by a tapered cover layer (27) and the proximal portion is exposed from the cover layer (FIG. 7) for the purpose of providing a more flexible distal portion relative to the proximal portion for guiding the body (C9:L12-27: since the distal portion of 16 near 56 has a less rigid material than the proximal portion of 16, the distal portion is relatively more flexible than the proximal portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the smooth portion of Turjman et al. to only cover the distal portion and not the proximal portion, as taught by Carter, for the purpose of providing a more flexible distal portion relative to the proximal portion for guiding the body. Further, all the claimed elements were known in the prior art and one could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable result of coating a tapered portion of the pusher wire.
Regarding claim 2, Turjman et al. further discloses where the smooth portion includes no coiled member (exterior coating is not disclosed as having a coiled member).
Regarding claim 3, Turjman et al. further discloses where the smooth portion has an outer surface with a surface roughness Ra of 0.5 nm or more and less than 2.0 nm ([0091] the guidewire 106 is coated with PTFE, which is a material recited in the application as an example of the materials which can make up the highly smooth portion and therefore is understood to have the claimed surface roughness).
Regarding claim 4, Turjman et al. further discloses where the smooth portion comprises a solid layer comprising a hydrophobic material ([0091] the guidewire 106 is coated with a hydrophobic material).
Regarding claim 6, Turjman et al. further discloses wherein the stent is adapted to be delivered together with a catheter (102) to a region at or downstream of MI region in a skull and to be used together with the catheter in the skull ("adapted to be" constitutes functional language reciting an intended use of the device. Because apparatus claims are limited to structural features of the invention, the prior art device need not disclose use of the device in the claimed manner. Turjman et al. teaches in [0259] that the device can be used in a neurovascular procedure, and therefore is interpreted as being at least " adapted to be delivered together with the catheter to a region at or downstream of MI region in a skull and to be used together with the catheter in the skull " because it comprises the claimed structure and a size that is appropriate for accessing some area of the brain).
Regarding claim 7, Turjman et al. further discloses where the stent is adapted for use to retrieve a blood clot formed in a cerebral blood vessel in a region at or downstream of the MI region ("adapted for use" constitutes functional language reciting an intended use of the device. Because apparatus claims are limited to structural features of the invention, the prior art device need not disclose use of the device in the claimed manner. Turjman et al. teaches in [0259] that the device can be used in a neurovascular procedure, and therefore is interpreted as being at least "adapted for use in a cerebral blood vessel in a region at or downstream of the M1 region" because it comprises the claimed structure and a size that is appropriate for accessing a blood vessel within some area of the brain).
Claim(s) 11-12 /are rejected under 35 U.S.C. 103 as being unpatentable over Turjman et al. in view of Zaidat et al. and Carter, and in further view of Yoshiyuki et al. (Japanese Patent App. No. 2016/185206)
Regarding claim 11, Turjman et al. discloses a catheter-stent system (100; FIGs. 1A-2) comprising:
a wire-equipped stent (106 and 108); and
a catheter ([0089] the assembly can include microcatheter 102; see FIGs. 1A-B).
wherein the wire-equipped stent comprising:
a pusher wire ([0089] push wire 106; see FIG. 2);
a stent ([0089] clot capture member 108; see FIG. 2) connected to a distal end portion of the pusher wire ([0089] 106 and 108 are connected at the distal end of 106 by attachment ring 110; see FIG. 2); and
a smooth portion provided at a distal portion of the pusher wire, and covering an outer surface of the distal portion of the pusher wire ([0098] an exterior coating can be provided on the outer surface of the push wire, as the push wire is indicated to be the guidewire; [0006], [0039], [0043]) to form a smooth surface to reduce sliding resistance when contacting with an inner surface of a catheter ([0098] the exterior coating is used to help reduce friction with the microcatheter 102; FIG. 2);
wherein a distal side end portion of the smooth portion is connected to a proximal side end portion of the stent ([0091] the exterior coating would have its distal side end portion connected to the proximal side end portion of 108 due to the direct connection between 106 and 108 secured by 110; see FIG. 2), wherein a diameter of the distal side end portion of the smooth portion is smaller than a diameter of a proximal side end portion of the smooth portion ([0097] guidewire 106 can taper in the 200 region, and the exterior coating is on the outer surface of 106, so the exterior coating will also have a smaller diameter of its distal portion than the diameter of its proximal portion; see FIG. 2), and
a marker (110, which acts as a visual marker of the attachment between 106 and 108 outside of the body) which is connected to the proximal end portion of the stent (FIG. 2: 110 is attached to the proximal end portion of 108) and which is connected to the distal end portion of the smooth portion (FIG. 2: 110 is attached to the distal end portion of 106, which can have the coating to make the smooth portion).
Turjman et al. does not explicitly disclose a proximal portion of the wire is exposed from the smooth portion, that the distal end portion of the smooth portion and the marker are bonded with each other with an adhesive, and a catheter including an undulated inner surface.
However, a second embodiment of Turjman et al. teaches a marker (3002; FIG. 35) which is made of a radiopaque material ([0261] 3002 can be made of steel, which is a radiopaque material) and which is bonded by swagging ([0261]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the marker of the first embodiment of Turjman et al. to be made of a radiopaque material and to be bonded by swagging, as taught by the second embodiment of Turjman et al., for the purpose of being able to identify the position of the marker while the marker is within the body.
Zaidat et al. teaches in the same field of endeavor of cerebral clot removal ([0125]) and discloses attaching a radiopaque marker band to the proximal end (120) of an occlusion device (100) by swaging or adhesive bonding ([0143]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted the bonding of Turjman et al. (swaging) for the bonding of Zaidat et al. (adhesives) because both bonding methods are disclosed as equivalent methods of securing the distal end portion of the smooth portion and the marker to each other, and the substitution of one for the other would have had the predictable result of bonding the distal end portion of the smooth portion to the marker.
Carter teaches a tubular body (shaft 16; FIG. 7; C7:L11-13) with a proximal portion (proximal portion of 16) and a distal portion (distal portion of 16, near 56) where the distal portion is covered by a tapered cover layer (27) and the proximal portion is exposed from the cover layer (FIG. 7) for the purpose of providing a more flexible distal portion relative to the proximal portion for guiding the body (C9:L12-27: since the distal portion of 16 near 56 has a less rigid material than the proximal portion of 16, the distal portion is relatively more flexible than the proximal portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the smooth portion of Turjman et al. to only cover the distal portion and not the proximal portion, as taught by Carter, for the purpose of providing a more flexible distal portion relative to the proximal portion for guiding the body. Further, all the claimed elements were known in the prior art and one could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded the predictable result of coating a tapered portion of the pusher wire.
Yoshiyuki et al. teaches in the same field of endeavor of catheters, and discloses a catheter ([0007] discloses catheter 1) comprising:
a core material portion ([0026] discloses reinforcing body 6; see FIG. 3); and
a resin layer covering the core material portion ([0020] inner layer 22 may be made of synthetic resin, see Fig. 2),
wherein the core material portion includes a structure including a mesh coil ([0026] discloses a braided portion 7; see FIG. 3) and a spiral coil ([0026] discloses coil portion 8 which is spirally wound; see FIG. 3) which overlap each other (FIG. 3), and the resin layer includes an undulated surface which is provided by the core material portion ([0026] 7 and 8 are both wires which create an undulated surface, and [0034] 22 is on that surface, which would give 22 an undulated surface).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Turjman et al. to substitute a catheter with the characteristics taught by Yoshiyuki et al., in place of those disclosed by Turjman et al. since the catheter of Yoshiyuki et al. provides the advantage of increasing the flexibility of the distal end of the catheter while increasing the pushability of the proximal end and also allowing for high torque transmission (Yoshiyuki et al. [0037]). As discussed above, the resin layer is the inner layer 22 in FIG. 2 of the catheter of Yoshiyuki et al., and provides an undulated surface by the core material portion being made of the mesh coil and the spiral coil, thereby providing a catheter including an undulated inner surface.
Regarding claim 12, Turjman et al. as modified by Yoshiyuki et al. discloses the catheter comprises:
a core material portion (Yoshiyuki et al. [0026] discloses reinforcing body 6; see FIG. 3); and
a resin layer covering the core material portion (Yoshiyuki et al. [0020] inner layer 22 may be made of synthetic resin, see Fig. 2),
wherein the core material portion includes a structure including a mesh coil (Yoshiyuki et al. [0026] discloses a braided portion 7; see FIG. 3) and a spiral coil (Yoshiyuki et al. [0026] discloses coil portion 8 which is spirally wound; see FIG. 3) which overlap each other (Yoshiyuki et al. FIG. 3), and the resin layer includes an undulated surface which is provided by the core material portion (Yoshiyuki et al. [0026] 7 and 8 are both wires which create an undulated surface, and [0034] 22 is on that surface, which would give 22 an undulated surface).
Claim(s) 1 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turjman et al. in view of Zaidat et al., and Alonso et al. (Pub. No. 2019/0314177).
Regarding claim 1, Turjman et al. discloses a wire-equipped stent comprising:
a pusher wire ([0089] push wire 106; see FIG. 2) configured to be inserted in a catheter ([0089] 106 can be pushed through 102; see FIGs. 1A-1B) including an undulating inner surface (as discussed above in the Response to Arguments, the functional language “configured to” means that 106 only has to be capable of being inserted into a catheter with an undulating inner surface, and if the inner surface of 102 were altered to be undulating without changing the diameter, 106 would still be insertable, thereby satisfying the claim limitation);
a stent ([0089] clot capture member 108; see FIG. 2) connected to a distal end portion of the pusher wire ([0089] 106 and 108 are connected at the distal end of 106 by attachment ring 110; see FIG. 2); and
a smooth portion provided at a distal portion of the pusher wire, and covering an outer surface of the distal portion of the pusher wire ([0098] an exterior coating can be provided on the outer surface of the push wire, as the push wire is indicated to be the guidewire; [0006], [0039], [0043]) to form a smooth surface to reduce sliding resistance when contacting with an inner surface of a catheter ([0098] the exterior coating is used to help reduce friction with the microcatheter 102; FIG. 2);
wherein a distal side end portion of the smooth portion is connected to a proximal side end portion of the stent ([0091] the exterior coating would have its distal side end portion connected to the proximal side end portion of 108 due to the direct connection between 106 and 108 secured by 110; see FIG. 2), wherein a diameter of the distal side end portion of the smooth portion is smaller than a diameter of a proximal side end portion of the smooth portion ([0097] guidewire 106 can taper in the 200 region, and the exterior coating is on the outer surface of 106, so the exterior coating will also have a smaller diameter of its distal portion than the diameter of its proximal portion; see FIG. 2), and
a marker (110, which acts as a visual marker of the attachment between 106 and 108 outside of the body) which is connected to the proximal end portion of the stent (FIG. 2: 110 is attached to the proximal end portion of 108) and which is connected to the distal end portion of the smooth portion (FIG. 2: 110 is attached to the distal end portion of 106, which can have the coating to make the smooth portion).
Turjman et al. does not explicitly disclose a proximal portion of the wire is exposed from the smooth portion and that the distal end portion of the smooth portion and the marker are bonded with each other with an adhesive.
A second embodiment of Turjman et al. teaches a marker (3002; FIG. 35) which is made of a radiopaque material ([0261] 3002 can be made of steel, which is a radiopaque material) and which is bonded by swagging ([0261]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the marker 110 of the first embodiment of Turjman et al. to be made of a radiopaque material and to be bonded by swagging, as taught by the second embodiment of Turjman et al., for the purpose of being able to identify the position of the marker while the marker is within the body.
Zaidat et al. teaches in the same field of endeavor of cerebral clot removal ([0125]) and discloses attaching a radiopaque marker band to the proximal end (120) of an occlusion device (100) by swaging or adhesive bonding ([0143]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have substituted the bonding of Turjman et al. (swaging) for the bonding of Zaidat et al. (adhesives) because both bonding methods are disclosed as equivalent methods of securing the distal end portion of the smooth portion and the marker to each other, and the substitution of one for the other would have had the predictable result of bonding the distal end portion of the smooth portion to the marker.
Alonso et al. teaches a wire (212; FIG. 2; [0339]) with a proximal portion (204) and a distal portion (206) where the distal portion is covered by a smooth portion (218; [0339] 218 is made of PTFE and is a lubricious layer) and the proximal portion is exposed from the smooth portion ([0339] and FIG. 2: 204 is exposed from 218) for the purpose of allowing fluorosafe markers to mark the proximal portion of the wire ([0339]; the markers are not pictured).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the smooth portion of Turjman et al. to only cover the distal portion and not the proximal portion, as taught by Alonso et al., for the purpose of allowing fluorosafe markers to mark the proximal portion of the wire.
Regarding claim 14, Turjman et al. as modified by Alonso et al. further discloses the distal end portion of the pusher wire includes a tapered area (Turjman et al. 200; FIG. 2; [0097]), the smooth portion is provided on the tapered area (the modification by Carter is to adopt the distribution of the layer 27 for the smooth portion already existing in the exterior coating described in [0098], where in FIG. 2, 218 covers at least a portion of the tapered section; therefore, the exterior coating would cover 200), and a proximal end portion of the tapered area of the pusher wire is exposed from the smooth portion (Alonso et al. [0339] and FIG. 2: a proximal end of the tapered section 52 is not covered by 218).
Regarding claim 15, Turjman et al. as modified by Alonso et al. further discloses the smooth portion extends from the distal end portion of the tapered area of the pusher wire to the proximal end portion of the tapered area of the pusher wire (Alonso et al. FIG. 2: 218 covers a portion of the tapered area of 212, and the proximal end portion can be defined as the portion not covered by 218 while the distal end portion can be defined as the portion covered by 218, thereby meaning that the smooth portion extends from the distal end to the proximal end; furthermore, 212 is disclosed as potentially being tapered along its entire length, so the proximal portion of 212 can be tapered and uncovered while the distal end portion of 212 can be tapered and covered), and the proximal end portion of the tapered area of the pusher wire is exposed from the smooth portion (Alonso et al. FIG. 2: 218 does not cover the proximal end portion of the tapered area), while the distal end portion of the tapered area of the pusher wire is covered by the smooth portion (Alonso et al. FIG. 2: 218 covers the distal end portion of the tapered area).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turjman et al. in view of Carter and Zaidat et al., and in further view of Yoshimachi (Pub. No. 2014/0039464).
Regarding claim 5, Turjman et al. as modified by Carter and Zaidat et al. discloses the invention as claimed in claim 1, as discussed above, and further discloses the smooth portion comprises a layer comprising a hydrophilic material ([0091] the exterior coating can be a hydrophilic coating). Turjman et al. is silent regarding where the smooth portion comprises a fluid layer ([0091] does not disclose the material which comprises the hydrophilic coating, and only states that the purpose is to lubricate the guidewire).
However, Yoshimachi discloses use of a hydrophilic material as a coating which would present as a fluid layer ([0134-0135] discloses use of a hydrophilic material such as hyaluronic acid, which is a material recited in the application as a fluid layer [0034], to create a lubricious coating between the catheter and the medical device being moved through the catheter).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the smooth portion of Turjman et al. to comprise a fluid layer comprising a hydrophilic material, as taught by Yoshimachi, for the purpose of reducing the frictional resistance between the distal portion of the wire and catheter (Yoshimachi [0135]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES RYAN MCGINNITY whose telephone number is (571)272-0573. The examiner can normally be reached M-Th 8 am-5:30 pm.
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/JRM/Examiner, Art Unit 3771
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771