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
This Office Action is responsive to the amendment filed on 03 March 2026. As directed by the amendment: Claims 1, 5, and 12 have been amended, Claims 3, 10, 14, and 18 have been cancelled, and no claims have been added. Claims 13, 15-17, and 21-23 were previously withdrawn due to a Restriction Requirement. Thus, Claims 1, 2, 4-9, 11-12, and 19-20 are presently under consideration in this application.
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Peppou (US Publication No. 2016/0008057, previously cited) in view of Anderson et al. (US Publication No. 2017/0173275, previously cited), further in view of Beasley et al. (US Publication No. 2013/0237780).
Regarding Claims 1, 2, and 5, Peppou discloses a biomarker detection system (Abstract, Paragraph 0034) configured to detect a target biomarker in a biological system (molecular markers in tissue 30, 32, 33, Fig. 5; Paragraph 0021-0022, 0034-0035); comprising:
a needle (10, Figs. 1, 2, 5; Paragraph 0022, 0026) having a distal end and a proximal end, wherein the distal end is structured to in contact the target biomarker (needle 10 contacting molecular markers in tissue 30, 32, 33, Fig. 5) and the proximal end is structured to be in fluidic communication with a fluid delivery system (cytotoxic fluid, enhancement fluid, etc., Paragraph 0046; Claims 46-47),
and wherein the needle (10, Figs. 1, 2, 5; Paragraph 0022, 0026) includes a fluid channel having a lumen (bore 12, Fig. 1; Paragraph 0046; Claim 47) within the interior of the fluid channel, wherein the lumen allows for a medicinal fluid (cytotoxic fluid, enhancement fluid, etc., Paragraph 0046, Claim 47) that is delivered through the lumen to the biological system;
and a mount (control unit 400, Figs. 4), connected to or integral with needle and disposed on the proximal end of the needle, (integral with proximal section of needle, Paragraph 0031, 0039-0040, 0048-0049; Claim 1; control unit 400 at proximal end of needle 10, not distal end, see Figs. 1, 2, 4, 5; Paragraph 0022, 0026) and houses an optical system (optical system including 140, 160, 200, 300, Fig. 4; Paragraph 0022, 0024, 0028-0032; Abstract) in optical communication with tissue, wherein the optical system comprises a light source (200, 140, Fig. 4; Paragraph 0028-0032) and an optical detector (300, 160, Fig. 3, Paragraph 0030-0032), wherein the optical system further comprises an optical fiber (S1-S6; Figs. 2-3; Paragraph 0022, 0027, 0043; Claim 1).
However, Peppou does not explicitly disclose wherein the optical system is in optical communication with the lumen itself, and wherein the optical fiber is specifically located within the lumen of the needle.
Anderson et al. teaches a biomarker detection system (biomolecule detection/ spectrometry, Paragraph 0062-0064, 0067, 0018-0022) including:
a needle (needle, see Fig. 13C-13E reproduced below; needle 22, Fig. 1; Paragraph 0016-0018, 0076) comprising a distal end and proximal end, wherein the distal end is structured to contact tissue (Paragraph 0016-0018, 0021, 0026) and the proximal end is structured to be in fluid communication with a fluid delivery system (delivering therapeutic agent or saline, Paragraph 0061; fluid delivery channel 95, Figs. 12A-C; saline delivery, Figs. 13C-13E; “According to various embodiments, the apparatus may include a fluid channel 95 that can carry fluid between the proximal end and the distal end of the apparatus. The fluid may enter or exit the apparatus through the fluid outlet 91.”, Paragraph 0129; see also plunger system 27 of Fig. 1, Paragraph 0061),
wherein the needle includes a fluid channel having a lumen (fluid delivery channel 95, Figs. 12A-C; saline delivery, Figs. 13C-13E; Paragraph 0129, 0061),
and a mount (mount including light source 21 and detection system 26, Fig. 1; Paragraph 0061; “A delivery optical fiber is included in the probe coupled at the proximal end to a light source.”, Paragraph 0022) disposed on a proximal end of the needle, and wherein the mount comprises an optical system (probe/optical system 20, Figs. 1 and 13C-13E reproduced below; Claims 1, 19; Paragraph 0021-0024, 0061, 0076, 0137) within the fluid delivery lumen and in optical communication within the lumen (probe/optical system 20 is within needle lumen/channel, see Figs. 1, 3J, 13C-E; “The probe 20 is positioned within a needle 22 during the measurement.”, Paragraph 0061; see also Paragraph 0024, 0129, 0137),
wherein an optical fiber (16/18, Fig. 1; Paragraph 0022, 0029, 0061; optical fiber is included in optical system/probe 20, Figs. 1 and 13C-E, Claims 1, 19) is specifically located within the lumen of the needle and can be retracted (see arrows in Figs. 3J, 13C-13E, indicating forward/reverse movement of the optical system probe; “The probe may be placed at any distance from the distal tip of the needle that satisfies the specific light throughput requirements of the application,” Paragraph 0137, see also Paragraph 0078).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the optical system to be in optical communication with the lumen itself, and to configure the optical fiber to be specifically located within the lumen of the needle, since this would only require relocating the optical system of Peppou into the interior of the fluid delivery lumen, as taught by Anderson et al., in order to enhance visualization of the optical system for tissue/biomolecule analysis of specific target tissue while minimizing tissue trauma (see Anderson et al., Paragraph 0016, 0018, 0022-0024), which is “expected to significantly reduce patient complication rates from improper needle insertion or the insertion of the needle into the wrong tissue” (Anderson et al., Paragraph 0024), and “to protect the optical sensor from the environment” (Anderson et al., Paragraph 0023), and further since it has been held that rearranging parts (such as the location of the optical system) of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Furthermore, Peppou discloses the biomarker detection system further wherein the mount further comprises a notification system (500, 520, 530, 540, 550, 560, Figs. 6A-6C; 8A-C) that informs a clinician that the target biomarker has been detected (Paragraph 0031, 0039-0040, 0043-0044, 0048) via a user interface (400, 440, Fig. 4; Paragraph 0031) disposed on the mount or a communication unit (400, 440, Fig. 4; Paragraph 0031) disposed within the mount (Paragraph 0031, 0039-0040, 0043-0044, 0048-0049).
However, Peppou does not explicitly disclose wherein the mount is a self-contained mount, wherein the self-contained mount is integrated with the needle and houses the optical system, wherein the self-contained mount further houses a notification system that informs a clinician that the target biomarker has been detected via a user interface disposed within the self- contained mount or a communication unit disposed within the self-contained mount.
Beasley et al. teaches a biomarker detection system configured to detect a target biomarker (Abstract; Paragraph 0055) comprising a sampling needle (116, 118, Fig. 1; 102, 202, Fig. 2A; Paragraph 0054, 0065) including a sampling port and fluid channel (108, 400, Figs. 4-5; Paragraph 0072, 0076, 0084) configured to collect the biomarker (Paragraph 0057-0059, 0084), and a self-contained mount (analyzer 120 incorporated into handle 112, Fig. 1; Paragraph 0057-0058, “the sampling element 202 of the assembly 102 can collect a pre-neuromodulation biological sample at or near the treatment site to determine an initial, pre-neuromodulation level or activity of one or more target biomarkers. In some embodiments, the collected baseline sample can be conveyed directly from the sampling port 108 through the sampling lumen 400 to the analyzer 120 (e.g., when the analyzer 120 is incorporated into the handle 112),” Paragraph 0084), wherein the self-contained mount is integrated with the sampling needle (Paragraph 0057-0058, 0084) and houses an optical system (optical transducer 122/processing device 124, Fig. 1; Paragraph 0057-0058, 0103, 0115), wherein the self-contained mount further houses a notification system that informs a clinician that the target biomarker has been detected via a user interface disposed within the self- contained mount (“The processing device 124 can be operably coupled to an indicator 126 carried by the handle 112. The indicator 126 can be configured to indicate suitable information related to processing the target biomarker (e.g., a sample date, a status of the target biomarker, and/or a status of nerve modulation based on a detected level or activity of the target biomarker). The indication can be auditory and/or visual. In some embodiments, the indicator 126 includes a suitable display component, such as a light emitting diode, an imaging display, and/or a graphical user interface”, Paragraph 0058) or a communication unit disposed within the self-contained mount (“When the analysis is complete, the baseline data obtained by the analyzer 120 from the baseline analysis may be stored by memory of the analyzer 120, or in some embodiments, the baseline data can be communicated (e.g., via the connector 130 and/or wirelessly) to memory of the console 132 for storage and/or processing. In addition, the baseline data may be displayed by an analyzer display (not shown) on the handle 112 and/or the console display 136 (FIG. 1).”, Paragraph 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the mount taught by Peppou and Anderson et al. in combination to be a self-contained mount, wherein the self-contained mount is integrated with the needle and houses the optical system, wherein the self-contained mount further houses a notification system that informs a clinician that the target biomarker has been detected via a user interface disposed within the self-contained mount or a communication unit disposed within the self-contained mount, as taught by Beasely et al., in order to eliminate the need for additional separated components, which may cause additional points of failure and/or complications during the sampling procedures, by incorporating these components into the self-contained mount as taught by Beasely et al., since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893). In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Regarding Claim 4, Peppou discloses the biomarker detection system further wherein the light source illuminates the target biomarker, wherein the light source is configured to enable the target biomarker to emit light of a different wavelength than the light source (light source emits and detects multiple wavelengths, Paragraph 0004, 0029, 0033-0037, Claims 16-19), and wherein the emitted light is directed through the optical system into the optical detector (Paragraph 0004, 0029, 0033-0037, Claims 16-19).
Regarding Claim 6, Peppou discloses the biomarker detection system further comprising a medicinal fluid (cytotoxic fluid, enhancement fluid, etc., Paragraph 0046, Claim 47) that is delivered through the lumen to the biological system when the optical system detects light emitted of a different wavelength than the light source (Paragraph 0004, 0029, 0033-0037, Claims 16-19).
Regarding Claim 7, Peppou discloses the biomarker detection system further wherein the optical system delivers light to the target biomarker (light source emits and detects light at multiple wavelengths, Paragraph 0004, 0029, 0033-0037, Claims 16-19) and simultaneously transmits emitted light from the target biomarker to the optical detector (Paragraph 0004, 0029, 0033-0037, Claims 16-19).
Claims 8, 9, 11, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Peppou (US Publication No. 2016/0008057, previously cited) in view of Anderson et al. (US Publication No. 2017/0173275, previously cited), further in view of Beasley et al. (US Publication No. 2013/0237780), further in view of Tearney et al. (US Patent No. 6,134,003, previously cited).
Regarding Claim 8, Peppou discloses the biomarker detection system further wherein the light source illuminates the target biomarker to emit light of a different wavelength than the light source (light source emits and detects multiple wavelengths, Paragraph 0004, 0029, 0033-0037, Claims 16-19), and wherein the emitted light is directed through the optical system into the optical detector (Paragraph 0004, 0029, 0033-0037, Claims 16-19). However, Peppou, Anderson et al., and Beasely et al. in combination do not explicitly disclose wherein an optical coupler is structured and configured to perform as a wavelength division multiplexer or a time division multiplexing.
Tearney et al. teaches an optical system for visualizing tissue (Abstract) comprising an optical coupler (606, Fig. 16) which is structured and configured to perform as a wavelength division multiplexer (WDM, Col. 16, Lines 35-67, Col. 17, Lines 5-25). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an optical coupler structured and configured to perform as a wavelength division multiplexer, as taught by Tearney et al., in the biomarker detection system disclosed by Peppou, Anderson et al., and Beasely et al. in combination, in order to additionally enhance imaging and visualization of different tissues through optical data analysis, as also taught by Tearney et al. (Col. 16, Lines 35-67; Col. 17, Lines 5-25).
Regarding Claims 9, 11, and 19, Peppou discloses the biomarker detection system further wherein the light source illuminates the target biomarker to emit light of a different wavelength than the light source (light source emits and detects multiple wavelengths, Paragraph 0004, 0029, 0033-0037, Claims 16-19), and wherein the emitted light is directed through the optical system into the optical detector (Paragraph 0004, 0029, 0033-0037, Claims 16-19). Anderson et al. further teaches lens (86, Fig. 13A-B; Paragraph 0136) and filters (82 and 78, Fig. 13A-B; Paragraph 0136) in the optical system. However, Peppou, Anderson et al., and Beasely et al. et al. in combination do not explicitly disclose wherein the optical system comprises a lens, and a filter to selectively prevent frequencies other than the frequency of emitted light from the target biomarker from reaching the optical detector, and wherein an optical fiber is structured and configured to return light to the optical detector including one or more emission frequencies of the light source.
Tearney et al. teaches an optical system for visualizing tissue (Abstract) comprising a lens (lenses 56, 156, 1156, Figs. 6-8; Col. 10, Lines 6-67; Col. 15, Lines 14-30), and a filter (Col. 5, Lines 15-20; Col. 13, Lines 50-60; Col. 15, Lines 55-67; Col. 16, Lines 1-9; Col. 17, Lines 10-20) to selectively prevent frequencies other than the frequency of emitted light from the target biomarker from reaching the optical detector (optical detector detects light of specific frequencies and wavelengths, including those included or not included in the emitted light, Col. 6, Lines 29-63; Col. 13, Line 25 – Col. 14, Line 30; Col. 15, Line 40 – Col. 16, Line 9; Col. 17, Lines 5-60), and wherein an optical fiber is structured and configured to return light to the optical detector including one or more emission frequencies of the light source (optical detector detects light of specific frequencies and wavelengths, including those included or not included in the emitted light, Col. 6, Lines 29-63; Col. 13, Line 25 – Col. 14, Line 30; Col. 15, Line 40 – Col. 16, Line 9; Col. 17, Lines 5-60).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a lens, and a filter to selectively prevent frequencies other than the frequency of emitted light from the target biomarker from reaching the optical detector, and wherein an optical fiber is structured and configured to return light to the optical detector including one or more emission frequencies of the light source, as taught by Tearney et al., in the biomarker detection system disclosed by Peppou, Anderson et al., and Beasely et al. in combination, in order to focus light and ensure that the optical detectors receives the intended frequencies/wavelengths (see Tearney et al., Col. 6, Lines 29-63; Col. 13, Line 25 – Col. 14, Line 30; Col. 15, Line 40 – Col. 16, Line 9; Col. 17, Lines 5-60), in order to enhance visualization and to provide high-resolution detection of tissue structures, as also taught by Tearney et al. (Col. 16, Lines 35-67; Col. 1, Lines 40-65; Col. 1, Line 65-Col. 2, Line 5).
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Peppou (US Publication No. 2016/0008057, previously cited) in view of Anderson et al. (US Publication No. 2017/0173275, previously cited), further in view of Beasley et al. (US Publication No. 2013/0237780), further in view of Snoke et al. (US Publication No. 2017/0135561, previously cited).
Regarding Claims 12 and 20, Peppou discloses a biomarker detection system (Abstract, Paragraph 0034) comprising a mount (control unit 400, Figs. 4, connected to or integral with needle, Paragraph 0031, 0039-0040, 0048-0049; Claim 1) , wherein the mount is connected to the needle (10, Figs. 1, 2, 5; Paragraph 0022, 0026) and comprises an optical system (optical system including 140, 160, 200, 300, Fig. 4; Paragraph 0022, 0024, 0028-0032; Abstract). Peppou, Anderson et al., and Beasely et al. in combination do not explicitly disclose wherein the mount further houses a circuit board and an energy storage device, wherein the circuit board includes one or more wireless interfaces.
Snoke et al. teaches an optical system for visualizing tissue (Paragraph 0111, 0118) comprising a conduit needle (440, 450, Fig. 33) and a self-contained mount (400, Fig. 33; Paragraph 0126) including housing a circuit board (circuit board and communication element 550, Fig. 33; Paragraph 0125) and an energy storage device (power source/battery 625, Fig. 33; Paragraph 0126), wherein the circuit board includes one or more wireless interfaces (wireless communication arrangement, Paragraph 0124-0125). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the mount to include housing a circuit board and an energy storage device, wherein the circuit board includes one or more wireless interfaces, as taught by Snoke et al., in the biomarker detection system disclosed by Peppou, Anderson et al., and Beasely et al. in combination, in order to allow for these components be carried by the mount/system for compactness therefore eliminating the need for additional housing structures and/or wired connections between these structures.
Response to Arguments
The Applicant’s arguments filed in the Amendment/Response filed 03 March 2026 with respect to the previous 35 U.S.C. 103 rejections as made in the previous Non-Final Rejection Office Action mailed 03 March 2026 have been fully considered.
The Examiner agrees with the Applicant’s arguments (Pages 6-7 of Amendment/Response) that neither of the previously cited Peppou nor Anderson et al. reference explicitly discloses the newly added limitations to Claim 1 as amended, particularly “a self-contained mount, wherein the self-contained mount is integrated with the needle and houses an optical system”.
However, the newly cited Beasley et al. reference teaches these limitations. As described above, Peppou does disclose a mount (control unit 400, Figs. 4), connected to or integral with needle and disposed on the proximal end of the needle, (integral with proximal section of needle, Paragraph 0031, 0039-0040, 0048-0049; Claim 1; control unit 400 at proximal end of needle 10, not distal end, see Figs. 1, 2, 4, 5; Paragraph 0022, 0026) and houses an optical system (optical system including 140, 160, 200, 300, Fig. 4; Paragraph 0022, 0024, 0028-0032; Abstract) in optical communication with tissue, wherein the optical system comprises a light source (200, 140, Fig. 4; Paragraph 0028-0032) and an optical detector (300, 160, Fig. 3, Paragraph 0030-0032), wherein the optical system further comprises an optical fiber (S1-S6; Figs. 2-3; Paragraph 0022, 0027, 0043; Claim 1). Furthermore, Peppou does disclose the biomarker detection system further wherein the mount further comprises a notification system (500, 520, 530, 540, 550, 560, Figs. 6A-6C; 8A-C) that informs a clinician that the target biomarker has been detected (Paragraph 0031, 0039-0040, 0043-0044, 0048) via a user interface (400, 440, Fig. 4; Paragraph 0031) disposed on the mount or a communication unit (400, 440, Fig. 4; Paragraph 0031) disposed within the mount (Paragraph 0031, 0039-0040, 0043-0044, 0048-0049).
However, the Examiner agrees that Peppou and Anderson et al. does not explicitly disclose wherein the mount is a self-contained mount, wherein the self-contained mount is integrated with the needle and houses the optical system, wherein the self-contained mount further houses a notification system that informs a clinician that the target biomarker has been detected via a user interface disposed within the self-contained mount or a communication unit disposed within the self-contained mount.
Beasley et al. teaches a biomarker detection system configured to detect a target biomarker (Abstract; Paragraph 0055) comprising a sampling needle (116, 118, Fig. 1; 102, 202, Fig. 2A; Paragraph 0054, 0065) including a sampling port and fluid channel (108, 400, Figs. 4-5; Paragraph 0072, 0076, 0084) configured to collect the biomarker (Paragraph 0057-0059, 0084) and a self-contained mount (analyzer 120 incorporated into handle 112, Fig. 1; Paragraph 0057-0058, “the sampling element 202 of the assembly 102 can collect a pre-neuromodulation biological sample at or near the treatment site to determine an initial, pre-neuromodulation level or activity of one or more target biomarkers. In some embodiments, the collected baseline sample can be conveyed directly from the sampling port 108 through the sampling lumen 400 to the analyzer 120 (e.g., when the analyzer 120 is incorporated into the handle 112),” Paragraph 0084), wherein the self-contained mount is integrated with the sampling needle (Paragraph 0057-0058, 0084) and houses an optical system (optical transducer 122/processing device 124, Fig. 1; Paragraph 0057-0058, 0103, 0115), wherein the self-contained mount further houses a notification system that informs a clinician that the target biomarker has been detected via a user interface disposed within the self- contained mount (“The processing device 124 can be operably coupled to an indicator 126 carried by the handle 112. The indicator 126 can be configured to indicate suitable information related to processing the target biomarker (e.g., a sample date, a status of the target biomarker, and/or a status of nerve modulation based on a detected level or activity of the target biomarker). The indication can be auditory and/or visual. In some embodiments, the indicator 126 includes a suitable display component, such as a light emitting diode, an imaging display, and/or a graphical user interface”, Paragraph 0058) or a communication unit disposed within the self-contained mount (“When the analysis is complete, the baseline data obtained by the analyzer 120 from the baseline analysis may be stored by memory of the analyzer 120, or in some embodiments, the baseline data can be communicated (e.g., via the connector 130 and/or wirelessly) to memory of the console 132 for storage and/or processing. In addition, the baseline data may be displayed by an analyzer display (not shown) on the handle 112 and/or the console display 136 (FIG. 1).”, Paragraph 0084).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configure the mount taught by Peppou and Anderson et al. in combination to be a self-contained mount, wherein the self-contained mount is integrated with the needle and houses the optical system, wherein the self-contained mount further houses a notification system that informs a clinician that the target biomarker has been detected via a user interface disposed within the self-contained mount or a communication unit disposed within the self-contained mount, as taught by Beasely et al., in order to eliminate the need for additional separated components, which may cause additional points of failure and/or complications during the sampling procedures, by incorporating these components into the self-contained mount as taught by Beasely et al., since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893). In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Therefore, Claim 1 remains rejected as described in detail above.
No additional specific arguments (see Page 8 of Amendment/Response) were presented with respect to the previous 35 U.S.C. 103 rejections of Claims 2, 4-,9, 11, 12 nor 19-20, nor specifically with respect to the previously cited Tearney et al. nor Snoke et al. references. Therefore, Claims 1, 2, 4-9, 11, 12, and 19-20 remain rejected as described in detail above.
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 PAMELA M BAYS whose telephone number is (571)270-7852. The examiner can normally be reached 9:00am - 6:00pm EST.
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/PAMELA M. BAYS/Primary Examiner, Art Unit 3796