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 Arguments
Applicant’s argument on Page 6 regarding the rejection of Claims 6 and 21 under 35 U.S.C. 102(a)(1) as being anticipated by Phillips has been fully considered but is not persuasive under new grounds of rejection as below; applicant does not provide any explicit arguments regarding the rejections.
The rejections of Claims 31-32 under 35 U.S.C. 103 over Phillips in view of de Vaan are withdrawn in view of cancelation of the claims.
Claim Objections
Claim 21 is objected to because of the following informalities: grammatical error. The claim should be amended to “[…] an ultrasound probe comprising […]” in order to make sense grammatically. Appropriate correction is required.
Double Patenting
Applicant is advised that should Claim 33 be found allowable, Claim 6 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 6, 21, and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Phillips et al. (US 20170120080) in view of de Vaan et al. (US 20200170617).
Regarding Claim 6, Phillips teaches a system, (Abstract “system 10”), comprising:
a) a four-dimensional (4D), ([0026] “The displayed images and user interface may include a number features, such as […] 3D images” and [0061] “One or more of the elements of the graphical user interface of step 720 may be displayed in real-time; that is, with live data. For example, the generating of a graphical user interface can include displaying the catheter position or the data shown in the window in real-time.” Where 4D is understood as 3D images with a time dimension, allowing for viewing of images in real-time.), intracardiac ultrasound probe for insertion into a heart, (Abstract “The catheter has a distal tip comprising an ultrasound transducer” and [0005] “More specifically, the present application relates to using an interventional ultrasound catheter to image and ablate tissue. Tissues that may be ablated include cardiac tissue”), the ultrasound probe comprising:
i) a two-dimensional (2D) ultrasound transducer array configured to produce a time series of three-dimensional (3D) ultrasound images of a volume of the heart ([0038] “Conventional intravascular ultrasound imaging techniques use Brightness mode (B-mode), in which a linear phased array of transducers generates two-dimensional image slices that can then be compiled or stacked up into a 3-D image.”); and
ii) a sensor, ([0028] “The EM sensors may be located on or within the Catheter 120 and ancillary devices, e.g. EM Sensor 250”), configured to output signals indicative of a position, direction and orientation of the 2D ultrasound transducer array inside the heart ([0035] “The Probe 60 may be provided with multiple functions (e.g. position information […]),” [0036] “The Probe 60 may be placed in a specific location or moved within a range or positions to obtain positional information that is provided to the operator. This movement allows the Controller 20 to display the position of the Probe 60 or elements of the Probe 60 (e.g. EM Sensor 250),” and [0056] “Deriving the orientation of the catheter by utilizing EM sensor information enables displaying of unique information such as beam angle of incidence to the tissue.”); and
b) a processor, ([0088] “a computer implemented ablation System 10 may include software in a memory element that is used by a processor or controller to control any aspect of the system or methods described above.”), which is configured to:
i) using the signals output by the sensor, register multiple ultrasound images of a region of the heart with one another ([0073] “By using the positional and directional information obtained during the scan from the […] EM Sensors 250 position, and the ultrasound signal at all positions; the software in the Controller 20 constructs an image or images that may then be shown on the Display 30 and be used as part of the graphical user interfaces. Multiple scans may be conducted and the software may stitch the scans or maps together to form a larger map or maps using the positional information and if desired, anatomical locations or unique anatomical features, as well as other techniques.”);
ii) isolate the plurality of inner wall images and the plurality of outer wall images of the region from each other, wherein the plurality of inner wall images and the plurality of outer wall images of the region are endocardium images and respective epicardium images of a same portion of the heart ([0026] “The displayed images and user interface may include a number features, such as […] display an endocardial map; display an epicardial map” and [0038] “the A-mode sensing data in the present disclosure is processed to form a set of points located in a 3D coordinate frame defining a point cloud (‘PC’). Each point is generated from detecting tissue boundaries and other tissue characteristics such as thickness, volume, and angle of incidence. Tissue boundaries include the endocardial and epicardial surfaces in the heart, and can also include structures beyond the epicardium. Each point in the PC is defined by a 3D vector representing the location and pointing direction of the ultrasound beam. Adjacent points in the PC are combined to form a 3D image, resulting in a 3D surface reconstruction where surfaces can represent the endocardium, epicardium, other anatomical structures, and other tissue characteristics.”);
iii) apply different graphical encodings to the plurality of inner wall images and the plurality of outer wall images, wherein the different graphical encodings comprise different color palettes being applied to each of the plurality of inner and outer wall images ([0053] “The Display 30 and Graphical User Interfaces 300, 400, 500 and 600 may show a number of features, such as a 2D or 3D image or map, which may be in color, grayscale, or any combination. The Display 30 may use various colors or shades to represent distance to the Tissue 50 or tissues from the energy source. Additionally, colors and shades may be used to demarcate, for example, Tissue 50 type, if a Tissue 50 or tissues are within ablation range of the energy source; out-of-ablation range; amount or type of motion; angularity of the Energy Beam 290 to a Tissue 50 or tissues.” Where the color and shades to demarcate the tissue 50 may be the endocardium and the epicardium.);
iv) overlay the plurality of inner wall images and the plurality of outer wall images to generate a combined image ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”);
v) display the combined image to the user ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”); and
vi) adjust a transparency of one or both of the overlaid plurality of inner wall images and outer wall images ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”).
However, Phillips does not explicitly teach simultaneous acquisition of multiple ultrasound images by the 2D ultrasound transducer array and a processor, which is configured to: extend a simulated beam ray from a point selected by a user to a center mass of the heart, such that the simulated beam ray intersects a first surface comprising at least one of a plurality of inner wall images and then intersects a second surface comprising at least one of a plurality of outer wall images.
In an analogous ultrasonic imaging catheter field of endeavor, McGee teaches simultaneous acquisition of multiple ultrasound images, ([0056] “each of the ultrasonic sensors are activated continuously and simultaneously, generating multiple, simultaneous images.”), by the 2D ultrasound transducer array ([0035] “an ultrasound imaging module 18 for generating high resolution ultrasonic images (e.g., B-mode images) of anatomical structures (e.g., body tissue) in or near the heart 12” and [0049] “the ultrasonic sensors 72, 76, 78, 80 each comprise piezoelectric transducers”).
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 Phillips with McGee because the modification of multiple simultaneous ultrasound images via the ultrasound probe improves image quality, reduces scan time, and is more efficient at tracking moving anatomy (e.g., heart).
However, Phillips modified by McGee does not explicitly teach a processor, which is configured to: extend a simulated beam ray from a point selected by a user to a center mass of the heart, such that the simulated beam ray intersects a first surface comprising at least one of a plurality of inner wall images and then intersects a second surface comprising at least one of a plurality of outer wall images.
In an analogous intracavity probe procedure planning field of endeavor, de Vaan teaches a system, (Abstract “imaging system for planning a medical intervention on a patient”), comprising a processor, ([0149] “The system includes […] at least one processor 1901. When executing program instructions stored in the memory, the at least one processor can be configured to execute one or more steps of the method according to embodiments herein.”), which is configured to: extend a simulated beam ray from a point selected by a user to a center mass of the heart such that the simulated beam ray intersects a first surface comprising at least one of the plurality of inner wall images and then intersects a second surface comprising at least one of the plurality of outer wall images ([0084] “Viewport 901 shows a view that simulates the TEE field of view 905. It mimics the layout of a TEE console, including the indicator 906 of the transducer angle 604. Viewport 902 shows a simulated angio view with the esophagus path 904, probe 907 and field of view 905 indicated” and [0103] “For navigational purposes, the segmented heart structures from the previous step can be superimposed on the virtual TEE images,” and Claim 12 “the virtual field of view is based upon user input”).
It would have been obvious to one of ordinary skill in the art at the time of applicant’s filing to further modify with the teachings of de Vaan by extending a simulated beam ray from a point selected by a user because the modification provides a visualization of the beam and how it is interacting with the anatomy, and because insertable probes, like a TEE probe of de Vaan are highly user-dependent, proper steering of the probe, spatial location, accurate knowledge of the anatomy play a vital role in order for complications during the procedure to not occur, as taught by de Vaan in [0008].
Regarding Claim 21, Phillips teaches a method, ([0005] “methods for imaging”), comprising:
a) inserting a four-dimensional (4D), ([0026] “The displayed images and user interface may include a number features, such as […] 3D images” and [0061] “One or more of the elements of the graphical user interface of step 720 may be displayed in real-time; that is, with live data. For example, the generating of a graphical user interface can include displaying the catheter position or the data shown in the window in real-time.” Where 4D is understood as 3D images with a time dimension, allowing for viewing of images in real-time.), intracardiac into a heart, (Abstract “The catheter has a distal tip comprising an ultrasound transducer” and [0005] “More specifically, the present application relates to using an interventional ultrasound catheter to image and ablate tissue. Tissues that may be ablated include cardiac tissue”), a [sic] ultrasound probe comprising:
i) a two-dimensional (2D) ultrasound transducer array configured to produce a time series of three-dimensional (3D) ultrasound images of a volume of the heart ([0038] “Conventional intravascular ultrasound imaging techniques use Brightness mode (B-mode), in which a linear phased array of transducers generates two-dimensional image slices that can then be compiled or stacked up into a 3-D image.”); and
ii) a sensor, ([0028] “The EM sensors may be located on or within the Catheter 120 and ancillary devices, e.g. EM Sensor 250”), configured to output signals indicative of a position, direction and orientation of the 2D ultrasound transducer array inside the heart ([0035] “The Probe 60 may be provided with multiple functions (e.g. position information […]),” [0036] “The Probe 60 may be placed in a specific location or moved within a range or positions to obtain positional information that is provided to the operator. This movement allows the Controller 20 to display the position of the Probe 60 or elements of the Probe 60 (e.g. EM Sensor 250),” and [0056] “Deriving the orientation of the catheter by utilizing EM sensor information enables displaying of unique information such as beam angle of incidence to the tissue.”);
b) using the signals output by the sensor, registering multiple ultrasound images of a region of the heart with one another ([0073] “By using the positional and directional information obtained during the scan from the […] EM Sensors 250 position, and the ultrasound signal at all positions; the software in the Controller 20 constructs an image or images that may then be shown on the Display 30 and be used as part of the graphical user interfaces. Multiple scans may be conducted and the software may stitch the scans or maps together to form a larger map or maps using the positional information and if desired, anatomical locations or unique anatomical features, as well as other techniques.” The signals and images are interpreted as acquired simultaneously because as the system of Phillips operates, the EM sensors 250 are used with the EM tracking system, while the ultrasound transducer 260 emits an ultrasound beam, see [0064]. This enhances positioning accuracy for the operator.);
c) isolating the plurality of inner wall images and the plurality of outer wall images of the region from each other, wherein the plurality of inner wall images and the plurality of outer wall images of the region are endocardium images and respective epicardium images of a same portion of the heart ([0026] “The displayed images and user interface may include a number features, such as […] display an endocardial map; display an epicardial map” and [0038] “the A-mode sensing data in the present disclosure is processed to form a set of points located in a 3D coordinate frame defining a point cloud (‘PC’). Each point is generated from detecting tissue boundaries and other tissue characteristics such as thickness, volume, and angle of incidence. Tissue boundaries include the endocardial and epicardial surfaces in the heart, and can also include structures beyond the epicardium. Each point in the PC is defined by a 3D vector representing the location and pointing direction of the ultrasound beam. Adjacent points in the PC are combined to form a 3D image, resulting in a 3D surface reconstruction where surfaces can represent the endocardium, epicardium, other anatomical structures, and other tissue characteristics.”);
d) applying different graphical encodings to the plurality of inner wall images and the plurality of outer wall images, wherein the different graphical encodings comprise different color palettes being applied to each of the plurality of inner and outer wall images ([0053] “The Display 30 and Graphical User Interfaces 300, 400, 500 and 600 may show a number of features, such as a 2D or 3D image or map, which may be in color, grayscale, or any combination. The Display 30 may use various colors or shades to represent distance to the Tissue 50 or tissues from the energy source. Additionally, colors and shades may be used to demarcate, for example, Tissue 50 type, if a Tissue 50 or tissues are within ablation range of the energy source; out-of-ablation range; amount or type of motion; angularity of the Energy Beam 290 to a Tissue 50 or tissues.” Where the color and shades to demarcate the tissue 50 may be the endocardium and the epicardium.);
e) overlaying the plurality of inner wall images and the plurality of outer wall images to generate a combined image ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”);
f) displaying the combined image to the user ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”); and
g) adjusting a transparency of one or both of the overlaid plurality of inner wall images and outer wall images ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”).
However, Phillips does not explicitly teach simultaneous acquisition of multiple ultrasound images by the 2D ultrasound transducer array and extending a simulated beam ray from a point selected by a user to a center mass of the heart, such that the simulated beam ray intersects a first surface comprising at least one of a plurality of inner wall images and then intersects a second surface comprising at least one of a plurality of outer wall images.
In an analogous ultrasonic imaging catheter field of endeavor, McGee teaches simultaneous acquisition of multiple ultrasound images, ([0056] “each of the ultrasonic sensors are activated continuously and simultaneously, generating multiple, simultaneous images.”), by the 2D ultrasound transducer array ([0035] “an ultrasound imaging module 18 for generating high resolution ultrasonic images (e.g., B-mode images) of anatomical structures (e.g., body tissue) in or near the heart 12” and [0049] “the ultrasonic sensors 72, 76, 78, 80 each comprise piezoelectric transducers”).
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 Phillips with McGee because the modification of multiple simultaneous ultrasound images via the ultrasound probe improves image quality, reduces scan time, and is more efficient at tracking moving anatomy (e.g., heart).
However, Phillips modified by McGee does not explicitly teach extending a simulated beam ray from a point selected by a user to a center mass of the heart, such that the simulated beam ray intersects a first surface comprising at least one of a plurality of inner wall images and then intersects a second surface comprising at least one of a plurality of outer wall images.
In an analogous intracavity probe procedure planning field of endeavor, de Vaan teaches a method, (Abstract “A method […] for planning a medical intervention on a patient”), wherein isolating the inner wall images and outer wall images of the region from each other, ([0056] “In step 103 of FIG. 1 one or more anatomical structures (landmarks) are identified and segmented. By using the volumetric image data, it is possible to label and segment (or delineate) one or more anatomical structures using manual, semi-automatic or fully automatic methods.”), comprising extending a simulated beam ray from a point selected by a user to a center mass of the heart, such that the simulated beam ray intersects at a first surface comprising at least one of a plurality of inner wall images and at least one of the outer wall images ([0084] “Viewport 901 shows a view that simulates the TEE field of view 905. It mimics the layout of a TEE console, including the indicator 906 of the transducer angle 604. Viewport 902 shows a simulated angio view with the esophagus path 904, probe 907 and field of view 905 indicated” and [0103] “For navigational purposes, the segmented heart structures from the previous step can be superimposed on the virtual TEE images,” and Claim 12 “the virtual field of view is based upon user input”).
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 Phillips with de Vaan by extending a simulated beam ray from a point selected by a user because the modification provides a visualization of the beam and how it is interacting with the anatomy, and because insertable probes, like a TEE probe of de Vaan are highly user-dependent, proper steering of the probe, spatial location, accurate knowledge of the anatomy play a vital role in order for complications during the procedure to not occur, as taught by de Vaan in [0008].
Regarding Claim 33, Phillips teaches a system, (Abstract “system 10”), comprising:
a) a four-dimensional (4D), ([0026] “The displayed images and user interface may include a number features, such as […] 3D images” and [0061] “One or more of the elements of the graphical user interface of step 720 may be displayed in real-time; that is, with live data. For example, the generating of a graphical user interface can include displaying the catheter position or the data shown in the window in real-time.” Where 4D is understood as 3D images with a time dimension, allowing for viewing of images in real-time.), ultrasound probe for insertion into an organ, (Abstract “The catheter has a distal tip comprising an ultrasound transducer” and [0005] “More specifically, the present application relates to using an interventional ultrasound catheter to image and ablate tissue. Tissues that may be ablated include cardiac tissue”), the ultrasound probe comprising:
i) a two-dimensional (2D) ultrasound transducer array configured to produce a time series of three-dimensional (3D) ultrasound images of a volume of the organ ([0038] “Conventional intravascular ultrasound imaging techniques use Brightness mode (B-mode), in which a linear phased array of transducers generates two-dimensional image slices that can then be compiled or stacked up into a 3-D image.”); and
ii) a sensor, ([0028] “The EM sensors may be located on or within the Catheter 120 and ancillary devices, e.g. EM Sensor 250”), configured to output signals indicative of a position, direction and orientation of the 2D ultrasound transducer array inside the organ ([0035] “The Probe 60 may be provided with multiple functions (e.g. position information […]),” [0036] “The Probe 60 may be placed in a specific location or moved within a range or positions to obtain positional information that is provided to the operator. This movement allows the Controller 20 to display the position of the Probe 60 or elements of the Probe 60 (e.g. EM Sensor 250),” and [0056] “Deriving the orientation of the catheter by utilizing EM sensor information enables displaying of unique information such as beam angle of incidence to the tissue.”); and
b) a processor, ([0088] “a computer implemented ablation System 10 may include software in a memory element that is used by a processor or controller to control any aspect of the system or methods described above.”), which is configured to:
i) using the signals output by the sensor, register multiple ultrasound images of a region of the organ, acquired simultaneously by the 2D ultrasound transducer array, with one another ([0073] “By using the positional and directional information obtained during the scan from the […] EM Sensors 250 position, and the ultrasound signal at all positions; the software in the Controller 20 constructs an image or images that may then be shown on the Display 30 and be used as part of the graphical user interfaces. Multiple scans may be conducted and the software may stitch the scans or maps together to form a larger map or maps using the positional information and if desired, anatomical locations or unique anatomical features, as well as other techniques.” The signals and images are interpreted as acquired simultaneously because as the system of Phillips operates, the EM sensors 250 are used with the EM tracking system, while the ultrasound transducer 260 emits an ultrasound beam, see [0064]. This enhances positioning accuracy for the operator.);
ii) isolate the plurality of inner wall images and the plurality of outer wall images of the region from each other, wherein the plurality of inner wall images and the plurality of outer wall images are inner tissue images and respective outer tissue images of a same portion of the organ ([0026] “The displayed images and user interface may include a number features, such as […] display an endocardial map; display an epicardial map” and [0038] “the A-mode sensing data in the present disclosure is processed to form a set of points located in a 3D coordinate frame defining a point cloud (‘PC’). Each point is generated from detecting tissue boundaries and other tissue characteristics such as thickness, volume, and angle of incidence. Tissue boundaries include the endocardial and epicardial surfaces in the heart, and can also include structures beyond the epicardium. Each point in the PC is defined by a 3D vector representing the location and pointing direction of the ultrasound beam. Adjacent points in the PC are combined to form a 3D image, resulting in a 3D surface reconstruction where surfaces can represent the endocardium, epicardium, other anatomical structures, and other tissue characteristics.”);
iii) apply different graphical encodings to the plurality of inner wall images and the plurality of outer wall images, wherein the different graphical encodings comprise different color palettes being applied to each of the plurality of inner and outer wall images ([0053] “The Display 30 and Graphical User Interfaces 300, 400, 500 and 600 may show a number of features, such as a 2D or 3D image or map, which may be in color, grayscale, or any combination. The Display 30 may use various colors or shades to represent distance to the Tissue 50 or tissues from the energy source. Additionally, colors and shades may be used to demarcate, for example, Tissue 50 type, if a Tissue 50 or tissues are within ablation range of the energy source; out-of-ablation range; amount or type of motion; angularity of the Energy Beam 290 to a Tissue 50 or tissues.” Where the color and shades to demarcate the tissue 50 may be the endocardium and the epicardium.);
iv) overlay the plurality of inner wall images and the plurality of outer wall images to generate a combined image ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”);
v) display the combined image to the user ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”); and
vi) adjust a transparency of one or both of the overlaid plurality of inner wall images and outer wall images ([0026] “Any or all of these displays and display properties may be used in combination, overlaid, as a transparency, etc.”).
However, Phillips does not explicitly teach simultaneous acquisition of multiple ultrasound images by the 2D ultrasound transducer array and a processor, which is configured to: extend a simulated beam ray from a point selected by a user to a center mass of the organ, such that the simulated beam ray intersects a first surface comprising at least one of a plurality of inner wall images and then intersects a second surface comprising at least one of a plurality of outer wall images.
In an analogous ultrasonic imaging catheter field of endeavor, McGee teaches simultaneous acquisition of multiple ultrasound images, ([0056] “each of the ultrasonic sensors are activated continuously and simultaneously, generating multiple, simultaneous images.”), by the 2D ultrasound transducer array ([0035] “an ultrasound imaging module 18 for generating high resolution ultrasonic images (e.g., B-mode images) of anatomical structures (e.g., body tissue) in or near the heart 12” and [0049] “the ultrasonic sensors 72, 76, 78, 80 each comprise piezoelectric transducers”).
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 Phillips with McGee because the modification of multiple simultaneous ultrasound images via the ultrasound probe improves image quality, reduces scan time, and is more efficient at tracking moving anatomy (e.g., heart).
However, Phillips modified by McGee does not explicitly teach a processor, which is configured to: extend a simulated beam ray from a point selected by a user to a center mass of the organ, such that the simulated beam ray intersects a first surface comprising at least one of a plurality of inner wall images and then intersects a second surface comprising at least one of a plurality of outer wall images.
In an analogous intracavity probe procedure planning field of endeavor, de Vaan teaches a system, (Abstract “imaging system for planning a medical intervention on a patient”), comprising a processor, ([0149] “The system includes […] at least one processor 1901. When executing program instructions stored in the memory, the at least one processor can be configured to execute one or more steps of the method according to embodiments herein.”), which is configured to: extend a simulated beam ray from a point selected by a user to a center mass of the organ such that the simulated beam ray intersects a first surface comprising at least one of the plurality of inner wall images and then intersects a second surface comprising at least one of the plurality of outer wall images ([0084] “Viewport 901 shows a view that simulates the TEE field of view 905. It mimics the layout of a TEE console, including the indicator 906 of the transducer angle 604. Viewport 902 shows a simulated angio view with the esophagus path 904, probe 907 and field of view 905 indicated” and [0103] “For navigational purposes, the segmented heart structures from the previous step can be superimposed on the virtual TEE images,” and Claim 12 “the virtual field of view is based upon user input”).
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 Phillips with de Vaan by extending a simulated beam ray from a point selected by a user because the modification provides a visualization of the beam and how it is interacting with the anatomy, and because insertable probes, like a TEE probe of de Vaan are highly user-dependent, proper steering of the probe, spatial location, accurate knowledge of the anatomy play a vital role in order for complications during the procedure to not occur, as taught by de Vaan in [0008].
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.
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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.
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/MARIA CHRISTINA TALTY/Examiner, Art Unit 3797
/MICHAEL J CAREY/Supervisory Patent Examiner, Art Unit 3795
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