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 .
This Office action is responsive to an amendment filed March 26, 2026. Claims 1-8, 10-18 & 20 are pending. Claims 1 & 11 have been amended. Claims 9 & 19 have been canceled.
Claim Objections
Claims 1-8, 10-18 & 20 is/are objected to because of the following informalities:
In regards to claim 1, at lines 22 & 25, the limitation “flurophore” should apparently read --fluorophore--.
In regards to claim 11, at lines 21 & 25, the limitation “flurophore” should apparently read --fluorophore--.
Appropriate correction is required.
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) 1-7, 10-17 & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. (US 2015/0148629) (“Wilson” hereinafter) in view of Scott et al. (US 2009/0270678) (“Scott” hereinafter) further in view of Mark (US 2014/0088526).
In regards to claim 1, Wilson discloses a device for intraoperative cancer detection, the device comprising:
an excitation fiber optic (415, 425; 655, 665; 700) configured to excite a biological sample as a function of an intrinsic excitation wavelength (see at least fig. 4A and par 0008, 0072, 0095-0096 & 0102-0104 & 0105-0106);
an emission fiber optic (420, 660, 700) configured to detect an intrinsic emission of the biological sample (see at least fig. 4A and par 0008, 0072, 0095-0096 & 0102-0104);
a tissue scanner 505 configured to discern a signal representing the intrinsic emission of the biological sample (see at least par 0098, 0114 & 0140) and the presence of a fluorescent metabolite (i.e., protoporphyrin IX (PpIX) or an ALA derivative-induced PpIX) of a fluorophore in the biological sample (see par 0035, 0071 & 0099);
a tissue scanner module (i.e., spectroscopy system and/or components thereof) mounted in a vacuum-line tip (i.e., spectroscopy probe 650 is mounted within a vacuum-tip line of inner cannula 610, see at least par 0115 & fig. 5C) including a display window configured to visualize the intrinsic emission of the biological sample (see at least par 0099 & 0141), wherein visualizing further comprises:
receiving the signal from the tissue scanner 505; and
relaying a visual feed comprising a real-time stream (see at least par 0074, 0086-0088, 0113-0114 & 0145) as a function of the signal to the display window (see at least par 0106-0112); and
the display window is configured to capture and relay back to the user a result relating to the presence of the fluorescent metabolite (i.e., protoporphyrin IX (PpIX) or an ALA derivative-induced PpIX) in the biological sample (see at least par 0099, 0106, 0114 & 0147); and,
a vacuum-line tip (i.e., inner cannula tip) containing an intrinsic fluorescence spectroscopy (iFS) probe 650 (see at least figs. 5A & 5C and par 0100-0103 & 0105-0106) configured to excite an administered flurophore (i.e., protoporphyrin IX (PpIX) or an ALA derivative-induced PpIX, see par 0035, 0088-0089, 0104 & 0108) present in the biological sample to aid in the diagnosis of a tumor and a tumor margin contained within the biological sample and emit a photon at an emission wavelength as a function of exciting the administered flurophore (see par 0032, 0034, 0090, 0103 & 0110);
a suction tip 603 located at a predetermined distance at the end of the vacuum-line tip (see at least figs. 5A & 5C) configured to remove a portion of the biological sample including a cell (i.e., tumor cells, glioma cells, see par 0071, 0073, 0084, 0099 & 0109) containing the tumor including a cancer cell as a function of the visualized intrinsic emission of the biological sample (see at least par 0076, 0081 & 0115);
wherein the vacuum-line tip comprises a suction lumen with a vacuum-powered force which (inherently) has a reduced pressure relative to an ambient pressure (see at least par 0126-0127 & 0145);
an input device (i.e., user interface) configured to receive an input command from the user relating to the result relating to the fluorescent metabolite (i.e., the processor may provide a user interface to control one or more settings of the data acquisition and/or to provide raw or processed data to the user) (see at least fig. 4 and par 0099 & 0106).
Wilson discloses the device, as described above, that fails to explicitly teach a device wherein the emission fiber optic comprises a transparent fiber.
However, the Office takes Official notice that it is known that a fiber optic is a flexible, transparent fiber that may be made of high quality extruded glass (silica) or plastic to transmit light from one end of the fiber to the other (see at least par 0051 of US 2014/0177237, par 0021 of US 2014/0178000, par 0004 of US 2014/0064654 and par 0028 of US 2017/0112384); therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the device Wilson wherein the emission fiber optic comprises a transparent fiber as claimed in order to transmit light from one end of the fiber to the other.
Wilson as modified above discloses the device, as described above, that fails to explicitly teach a device wherein the display window visualizing the intrinsic emission of the biological sample comprises a stereoscopic display configured to simulate three-dimensional space.
However, Scott teaches that it is known to provide a device wherein the display window visualizing the intrinsic emission of the biological sample comprises a stereoscopic display configured to simulate three-dimensional space (see at least abstract, fig. 1 and par 0013-0018, 0023-0027, 0037 & 0105, 0107, 0153 & 0168).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the device of Wilson as modified above wherein the display window visualizing the intrinsic emission of the biological sample comprises a stereoscopic display configured to simulate three-dimensional space as taught by Scott since such a modification would amount to applying a known technique (i.e., as taught by Scott) to a known device (i.e., as taught by Wilson) ready for improvement to achieve a predictable result such as highlighting regions of interest in tissue including diseased portions of tissue and/or other tissue of interest, such as a nerve or organ (see at least par 0168 of Scott)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Wilson as modified above and Wilson discloses the device, as described above, that fails to explicitly teach a device comprising a coverable hole configured to supply varying degrees of suction through the vacuum-line tip; wherein the vacuum-powered force is selected as a function of an environmental parameter which comprises at least an angle of vacuum and a length of vacuum.
However, Mark teaches that it is known to provide a device comprising a haptic feedback controller comprising a coverable hole 100 configured to supply varying degrees of suction through the vacuum-line tip; wherein the vacuum-powered force is selected as a function of an environmental parameter which comprises at least an angle of vacuum (i.e., due to rotation of the outer cannula 22 with respect to the handpiece 12, see at least fig. 9 and par 0018) and a length of vacuum (see at least abstract, figs. 1, 5-6, 7A-D, 8A-C & 9-10 and par 0025-0034, 0036, 0038 & 0041-0042).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the device of Wilson as modified by Scott wherein the haptic feedback controller thereof further comprises a coverable hole configured to supply varying degrees of suction through the vacuum-line tip; wherein the vacuum-powered force is selected as a function of an environmental parameter which comprises at least an angle of vacuum and a length of vacuum as taught by Mark since such a modification would amount to applying a known technique (i.e., as taught by Mark) to a known device (i.e., as taught by Wilson) ready for improvement to achieve a predictable result such as adjusting the level of vacuum to achieve a desired level of traction in the tissue surrounding the tissue severed as well as the amount of unsevered tissue that is drawn into the tissue receiving opening (see at least par 0038 of Mark)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 2, Wilson discloses the device of claim 1, wherein exciting the biological sample further comprises utilizing an intrinsic fluorescence probe (400, 650) excited by an excitation wavelength (see at least abstract and par 0007 & 0021-0022).
In regards to claim 3, Wilson discloses the device of claim 1, wherein exciting the biological sample further comprises administering an intrinsic fluorescence spectroscopy fluorophore to the biological sample (see at least par 0032 & 0034).
In regards to claim 4, Wilson discloses the device of claim 3, wherein the intrinsic fluorescence spectroscopy fluorophore is 5- aminolevulinic acid (see at least par 0035).
In regards to claim 5, Wilson discloses the device of claim 1, wherein detecting the intrinsic emission of the biological sample further comprises:
exciting the biological sample with a first wavelength (see at least par 0014-0016 & 0109-0110); and
detecting the intrinsic emission of the biological sample as a function of a second wavelength, wherein the first wavelength and the second wavelength are distinct (see at least par 0017 & 0109 & 0111).
In regards to claim 6, Wilson discloses the device of claim 1, wherein the intrinsic emission of the biological sample includes a vibrational mode of the biological sample (i.e., motion of the abundant optical scatterers in tissue such as cells organelles and the extracellular matrix) (see at least par 0109).
In regards to claim 7, Wilson discloses the device of claim 1, wherein visualizing the intrinsic emission of the biological sample further comprises mounting the tissue scanner 505 within the vacuum-line tip (i.e., inner cannula tip) (see at least figs. 4D and par 0098-0099).
In regards to claim 10, although Wilson discloses a device comprising a suction device (see at least figs. 4A-D and par 0076, 0081 & 0115, 0126-0127 & 0145), Wilson discloses a device that fails to explicitly teach a device comprising a haptic feedback controller wherein the haptic feedback controller is connected to a suction device. However, Mark teaches that it is known to provide a device wherein the haptic feedback controller is connected to a suction device (see at least abstract, figs. 1, 5-6, 7A-D, 8A-C & 9-10 and par 0025-0034, 0036, 0038 & 0041-0042). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the device of Wilson as modified by Scott comprising a haptic feedback controller as taught by Mark since such a modification would amount to applying a known technique (i.e., as taught by Mark) to a known device (i.e., as taught by Wilson) ready for improvement to achieve a predictable result such as adjusting the level of vacuum to achieve a desired level of traction in the tissue surrounding the tissue severed as well as the amount of unsevered tissue that is drawn into the tissue receiving opening (see at least par 0038 of Mark)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 11, Wilson discloses a hand-held fluorescence spectroscopy method for intraoperative cancer detection, the method comprising:
exciting, as a function of an excitation fiber optic (415, 425; 655, 665; 700), a biological sample as a function of an intrinsic excitation wavelength (see at least fig. 4A and par 0008, 0072, 0095-0096 & 0102-0104);
detecting, as a function of an emission fiber optic (420, 660, 700), an intrinsic emission of the biological sample (see at least fig. 4A and par 0008, 0072, 0095-0096 & 0102-0104);
discerning, as a function of a tissue scanner 505, a signal representing the intrinsic emission of the biological sample and the presence of a fluorescent metabolite of a fluorophore in the biological sample (see at least par 0098, 0114 & 0140) and the presence of a fluorescent metabolite (i.e., protoporphyrin IX (PpIX) or an ALA derivative-induced PpIX) of a fluorophore in the biological sample (see par 0035, 0071 & 0099);
visualizing, as a function of a tissue scanner module (i.e., spectroscopy system and/or components thereof) mounted in a vacuum-line tip (i.e., spectroscopy probe 650 is mounted within a vacuum-tip line of inner cannula 610, see at least par 0115 & fig. 5C) including a display window, the intrinsic emission of the biological sample (see at least par 0099 & 0141), wherein visualizing further comprises:
receiving the signal from the tissue scanner 505; and
relaying a visual feed comprising a real-time stream (see at least par 0074, 0086-0088, 0113-0114 & 0145) as a function of the signal to the display window (see at least par 0106-0112); and the display window is configured to capture and relay back to a user a result relating to the presence of the fluorescent metabolite (i.e., protoporphyrin IX (PpIX) or an ALA derivative-induced PpIX) in the biological sample (see at least par 0099, 0106, 0114 & 0147); and
the display window is configured to capture and relay back to the user a result relating to the presence of the fluorescent metabolite (i.e., protoporphyrin IX (PpIX) or an ALA derivative-induced PpIX) in the biological sample including a cell as a function of the visualized intrinsic emission of the biological sample (see at least par 0099, 0106, 0114 & 0147); and,
exciting, an administered flurophore present in the the biological sample using an intrinsic fluorescence spectroscopy (iFS) probe 650 (see at least figs. 5A & 5C and par 0100-0103 & 0105-0106) contained within the vacuum- line tip 603 to aid in the diagnosis of a tumor and a tumor margin contained within the biological sample and emit a photon at an emission wavelength as a function of exciting the administered flurophore (i.e., protoporphyrin IX (PpIX) or an ALA derivative-induced PpIX, see par 0035, 0088-0089, 0104 & 0108);
removing, as a function of a suction tip located at a predetermined distance at the end of a vacuum-line tip, a portion of the biological sample containing the tumor including a cancer cell (i.e., tumor cells, glioma cells, see par 0071, 0073, 0084, 0099 & 0109) as a function of the visualized intrinsic emission of the biological sample (see at least par 0076, 0081 & 0115);
wherein the vacuum-line tip comprises a suction lumen with a vacuum-powered force which (inherently) has a reduced pressure relative to an ambient pressure (see at least par 0126-0127, 0145);
receiving, via an input device (i.e., user interface), an input command from the user relating to the result relating to the fluorescent metabolite (i.e., the processor may provide a user interface to control one or more settings of the data acquisition and/or to provide raw or processed data to the user) (see at least fig. 4 and par 0099 & 0106).
Wilson discloses the method, as described above, that fails to explicitly teach a device wherein the emission fiber optic comprises a transparent fiber.
However, the Office takes Official notice that it is known that a fiber optic is a flexible, transparent fiber that may be made of high quality extruded glass (silica) or plastic to transmit light from one end of the fiber to the other (see at least par 0051 of US 2014/0177237, par 0021 of US 2014/0178000, par 0004 of US 2014/0064654 and par 0028 of US 2017/0112384); therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method Wilson wherein the emission fiber optic comprises a transparent fiber as claimed in order to transmit light from one end of the fiber to the other.
Wilson as modified above discloses the method, as described above, that fails to explicitly teach a method wherein the display window visualizing the intrinsic emission of the biological sample comprises a stereoscopic display configured to simulate three-dimensional space.
However, Scott teaches that it is known to provide a method wherein the display window visualizing the intrinsic emission of the biological sample comprises a stereoscopic display configured to simulate three-dimensional space (see at least abstract, fig. 1 and par 0013-0018, 0023-0027, 0037 & 0105, 0107, 0153 & 0168).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Wilson as modified above wherein the display window visualizing the intrinsic emission of the biological sample comprises a stereoscopic display configured to simulate three-dimensional space as taught by Scott since such a modification would amount to applying a known technique (i.e., as taught by Scott) to a known device (i.e., as taught by Wilson) ready for improvement to achieve a predictable result such as highlighting regions of interest in tissue including diseased portions of tissue and/or other tissue of interest, such as a nerve or organ (see at least par 0168 of Scott)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Wilson as modified above and Wilson discloses the method, as described above, that fails to explicitly teach a device comprising a haptic feedback controller comprising a coverable hole configured to supply varying degrees of suction through the vacuum line tip; wherein the vacuum-powered force is selected as a function of an environmental parameter which comprises at least an angle of vacuum and a length of vacuum.
However, Mark teaches that it is known to provide a method comprising a haptic feedback controller comprising a coverable hole configured to supply varying degrees of suction through the vacuum line tip; wherein the vacuum-powered force is selected as a function of an environmental parameter which comprises at least an angle of vacuum (i.e., due to rotation of the outer cannula 22 with respect to the handpiece 12, see at least fig. 9 and par 0018) and a length of vacuum (see at least abstract, figs. 5-6, 7A-D, 8A-C & 9-10 and par 0025-0034, 0036, 0038 & 0041-0042).
Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Wilson as modified by Scott comprising a haptic feedback controller comprising a coverable hole configured to supply varying degrees of suction through the vacuum line tip; wherein the vacuum-powered force is selected as a function of an environmental parameter which comprises at least an angle of vacuum and a length of vacuum as taught by Mark since such a modification would amount to applying a known technique (i.e., as taught by Mark) to a known device (i.e., as taught by Wilson) ready for improvement to achieve a predictable result such as adjusting the level of vacuum to achieve a desired level of traction in the tissue surrounding the tissue severed as well as the amount of unsevered tissue that is drawn into the tissue receiving opening (see at least par 0038 of Mark)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 12, Wilson discloses the method of claim 11, wherein exciting the biological sample further comprises utilizing an intrinsic fluorescence probe (400, 650) excited by an excitation wavelength (see at least abstract and par 0007 & 0021-0022).
In regards to claim 13, Wilson discloses the method of claim 11, wherein exciting the biological sample further comprises administering an intrinsic fluorescence spectroscopy fluorophore to the biological sample (see at least par 0032 & 0034).
In regards to claim 14, Wilson discloses the method of claim 13, wherein the intrinsic fluorescence spectroscopy fluorophore is 5- aminolevulinic acid (see at least par 0035).
In regards to claim 15, Wilson discloses the method of claim 11, wherein detecting the intrinsic emission of the biological sample further comprises:
exciting the biological sample with a first wavelength (see at least par 0014-0016 & 0109-0110); and
detecting the intrinsic emission of the biological sample as a function of a second wavelength, wherein the first wavelength and the second wavelength are distinct (see at least par 0017 & 0109 & 0111).
In regards to claim 16, Wilson discloses the method of claim 11, wherein detecting the intrinsic emission of the biological sample further comprises identifying an intrinsic infrared emission of the biological sample (i.e., motion of the abundant optical scatterers in tissue such as cells organelles and the extracellular matrix) (see at least par 0109).
In regards to claim 17, Wilson discloses the method of claim 11, wherein visualizing the intrinsic emission of the biological sample further comprises mounting the tissue scanner 505 within the vacuum-line tip (i.e., inner cannula tip) (see at least figs. 4D and par 0098-0099).
In regards to claim 20, although Wilson discloses the method comprising using a suction device (see at least figs. 4A-D and par 0076, 0081 & 0115, 0126-0127 & 0145), Wilson discloses a method that fails to explicitly teach a method wherein the haptic feedback controller connected to a suction device. However, Mark teaches that it is known to provide a method wherein the haptic feedback controller connected to a suction device (see at least abstract, figs. 1, 5-6, 7A-D, 8A-C & 9-10 and par 0025-0034, 0036, 0038 & 0041-0042). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Wilson as modified by Scott wherein the haptic feedback controller connected to a suction device as taught by Mark since such a modification would amount to applying a known technique (i.e., as taught by Mark) to a known device (i.e., as taught by Wilson) ready for improvement to achieve a predictable result such as adjusting the level of vacuum to achieve a desired level of traction in the tissue surrounding the tissue severed as well as the amount of unsevered tissue that is drawn into the tissue receiving opening (see at least par 0038 of Mark)--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 2143 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Claim(s) 8 & 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (‘629) in view of Scott (‘678), Mark (‘526) further in view of Banko (US 3,996,935).
In regards to claim 8, Wilson as modified by Scott and Mark discloses the device of claim 1, that fails to explicitly teach a device wherein removing the portion of the biological sample further comprises selecting a vacuum-powered force. However, Banko teaches that it is known to provide a device wherein removing the portion of the biological sample further comprises selecting a vacuum-powered force (i.e., via dial 91 shown at fig. 1) (see at least abstract, fig. 1 and col. 8, lines 54-63, col. 9, lines 43-68 & col. 10, lines 1-8). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the device of Wilson as modified by Scott and Mark wherein removing the portion of the biological sample further comprises selecting a vacuum-powered force as taught by Banco since such a modification would amount to applying a known technique (i.e., as taught by Banco) to a known device (i.e., as taught by Wilson) ready for improvement to achieve a predictable result such as providing an adjustable suction force that is selected based on the viscosity and type of material from which the tissue sample is made so that the tissue sample contained in the passageway is continuously moved along without clogging--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
In regards to claim 18, Wilson as modified by Scott and Mark discloses the method of claim 11, that fails to explicitly teach a method wherein removing the portion of the biological sample further comprises selecting a vacuum-powered force. However, Banko teaches that it is known to provide a method wherein removing the portion of the biological sample further comprises selecting a vacuum-powered force (i.e., via dial 91 shown at fig. 1) (see at least abstract, fig. 1 and col. 8, lines 54-63, col. 9, lines 43-68 & col. 10, lines 1-8). Therefore, it would have been obvious to one of ordinary skill in the art at the time Applicant’s invention was filed to provide the method of Wilson as modified by Scott and Mark wherein removing the portion of the biological sample further comprises selecting a vacuum-powered force as taught by Banco since such a modification would amount to applying a known technique (i.e., as taught by Banco) to a known device (i.e., as taught by Wilson) ready for improvement to achieve a predictable result such as providing an adjustable suction force that is selected based on the viscosity and type of material from which the tissue sample is made so that the tissue sample contained in the passageway is continuously moved along without clogging--See KSR, 550 U.S. at___, 82 USPQ2d at 1396 (See MPEP § 214 3 for a discussion of the rationale(s) listed above. See also MPEP § 2144 - §2144.09 for additional guidance regarding support for obviousness determinations).
Response to Arguments
Applicant's arguments filed March 26, 2026 have been fully considered but they are not persuasive. Applicant contends that the prior art fails to teach photon dynamic therapy. The Office respectfully traverses. For example, the claims fail to recite any photon dynamic therapy. For example, intrinsic fluorescence spectroscopy (iFS) is a diagnostic method rather than a therapeutic method. Therefore, the claimed iFS probe is a diagnostic probe where tissue is excited merely to detect the presence or absence of fluorophore in said tissue rather than to apply photon therapy.
Moreover, Applicant contends that the prior art fails to teach that "the vacuum-line tip containing an intrinsic fluorescence spectroscopy (iFS) probe configured to excite an administered flurophore present in the biological sample to aid in the diagnosis of a tumor and a tumor margin contained within the biological sample and emit a photon at an emission wavelength as a function of exciting the administered fluorophore.” The Office respectfully traverses. For example, as fully explained in Wilson, the cannula includes an iFS probe 650 (see at least figs. 5A & 5C).
In view of the foregoing, the rejections over at least Wilson, Scott and Mark are maintained.
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 RENE T TOWA whose telephone number is (313)446-6655. The examiner can normally be reached Mon-Fri, 9:00 AM-5:00 PM.
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/RENE T TOWA/Primary Examiner, Art Unit 3791
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