Prosecution Insights
Last updated: May 29, 2026
Application No. 17/543,907

Electrode kit for easy and fast deployment in electroencephalogram acquisition and monitoring applications

Final Rejection §112
Filed
Dec 07, 2021
Priority
May 25, 2010 — provisional 61/348,154 +5 more
Examiner
STUMPFOLL, DANA LYNN
Art Unit
3794
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Neurowave Systems Inc.
OA Round
4 (Final)
52%
Grant Probability
Moderate
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allowance Rate
27 granted / 52 resolved
-18.1% vs TC avg
Strong +49% interview lift
Without
With
+48.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
30 currently pending
Career history
92
Total Applications
across all art units

Statute-Specific Performance

§101
1.4%
-38.6% vs TC avg
§103
92.3%
+52.3% vs TC avg
§102
1.4%
-38.6% vs TC avg
§112
5.0%
-35.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 52 resolved cases

Office Action

§112
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 amendment filed January 30th, 2026 has been entered. Claims 1-15 and 19-22 remain pending in the application. Claims 16-18 have been cancelled. Applicant’s amendments to the claims have overcome some of the objections and rejections previously set forth in the Non-Final Office Action mailed October 7th, 2025. Response to Arguments Applicant’s arguments, see Pages 8-19, filed January 30th, 2026, with respect to the rejections of claims 1-15 and 19-20 have been fully considered and are persuasive. The rejection of claims 1-12 under 35 U.S.C. 103 over Devlin in view of Brodnick, Machon and Loutis, claims 13, 14, 15, and 19-20 under 35 U.S.C. 103 over Afanasewicz in view of Su, Machon, and Loutis has been withdrawn. However upon further consideration claims 1-15 and 19-22 are rejected under 35 U.S.C. 112(b). Claim Objections Claim 1 is objected to because of the following informalities: Claim 1, line 17 recites, “shielding for reduced” should read – shielding for reduced noise; --. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claims 1-15, and 19-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a jointht inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 1 recites “electrode front comprising a male snap connector configured of a size of shape to allow for the use of a non-standard lead having improved shielding for reduced”. It is unclear as to how the non-standard lead provides for improved shielding for reduced noise. The specification discloses on Page 6, lines 12-29, “having a snap connector that varies in size or shape from a standard connector enforces the use of a non-standard lead known to have superior performance such as better shielding for lower noise, or various other proprietary improvements”. The specification appears to recite the claim language and therefore it is unclear as to how the non-standard lead provides for improved shielding and reduces noise. Claims 9 and 13 recite “the electrode front further comprising a male snap connector configured of a size of shape to allow for the use of a non-standard lead known to have better shielding for lower noise”. It is unclear whether the label and the alignment indicators are meant to be the same thing or different things? Is the label made up of alignment indicators? It is unclear as to how the non-standard lead provides for improved shielding for reduced noise. The specification discloses on Page 6, lines 12-29, “having a snap connector that varies in size or shape from a standard connector enforces the use of a non-standard lead known to have superior performance such as better shielding for lower noise, or various other proprietary improvements”. The specification appears to recite the claim language and therefore it is unclear as to how the non-standard lead provides for improved shielding and reduces noise. Claims 2-8, 10-12, 14-15, and 19-22 are rejected by virtue of dependency on claims 1, 9, and 13. Allowable Subject Matter Claims 1-15 and 19-22 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. 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 Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached on (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.S./Examiner, Art Unit 3794 /JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Read full office action

Prosecution Timeline

Show 1 earlier event
Nov 18, 2024
Non-Final Rejection mailed — §112
Mar 18, 2025
Response Filed
May 29, 2025
Final Rejection mailed — §112
Sep 29, 2025
Notice of Allowance
Sep 29, 2025
Response after Non-Final Action
Oct 27, 2025
Non-Final Rejection mailed — §112
Jan 30, 2026
Response Filed
Apr 15, 2026
Final Rejection mailed — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
52%
Grant Probability
99%
With Interview (+48.7%)
3y 8m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 52 resolved cases by this examiner. Grant probability derived from career allowance rate.

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