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 and Status of Claims
Applicant’s amendments to the claims, filed September 17, 2025, are acknowledged. Claims 1 and 20-21 are amended. No new matter has been added.
Claims 1-11 and 20-21 are currently pending and considered in this office action.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-11 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Roth827 (previously cited, US 20190117827 A1).
Regarding Claim 1, Roth827 discloses a rhenium-molybdenum alloy comprising 40-60 wt.% molybdenum, 40-60 wt.% rhenium and at least 5 wt.% of one or more secondary metals selected from the group of titanium, aluminum, copper, zirconium, niobium, iron, cobalt, nickel, manganese, vanadium, and chromium (para. [0118]), which reads on and overlaps the claimed limitations. For example, Roth827 includes an alloy comprising 45wt% Re, 40wt% Mo and 15wt% of one or more metals such as Zr, Nb, Ti and Cr, such as 4wt% Zr, 3wt% Nb, 1wt% Ti and 7wt%Cr, which reads on:
a rhenium metal alloy comprising rhenium, molybdenum, chromium and one or more alloying metals selected from the group consisting of bismuth, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (45wt%) and said one or more alloying metals (8wt% total – 4wt% Zr, 3wt% Nb, 1wt% Ti) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (45wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (8wt% total – 4wt% Zr, 3wt% Nb, 1wt% Ti) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (45wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (8wt%); wherein
a combined weight percent of said rhenium, said molybdenum, said chromium and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti is 100wt%); and wherein
an atomic ratio of said chromium to an atomic ratio of one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, titanium, and yttrium of 0.4:1 to 2.5:1 (45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti equates to an alloy comprising 27.1at%Re, 46.8at% Mo, 4.9at% Zr, 3.6at% Nb, 2.3at% Ti and 15.1at% Cr, which gives a Cr:(Zr, Nb, Ti) atomic ratio of 1.39).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
Regarding Claim 2, Roth827 discloses wherein chromium constitutes at least 1wt% (para. [0118], wherein Cr may be at least 5wt%; see Claim 1 above, wherein composition of Roth827 may include an alloy comprising 45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti).
Regarding Claim 3, Roth827 discloses wherein said one or more alloying metals includes one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, and yttrium (para. [0118], at least 5 wt.% of one or more secondary metals selected from zirconium and niobium).
Regarding Claim 4, Roth827 discloses wherein an atomic ratio of said chromium to an atomic ratio of said one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, and yttrium is 0.5:1 to 2:1 (see Claim 1 above, wherein composition of Roth827 may include an alloy comprising 45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti, which equates to an alloy comprising 27.1at%Re, 46.8at% Mo, 4.9at% Zr, 3.6at% Nb, 2.3at% Ti and 15.1at% Cr, which gives a Cr:(Zr, Nb) atomic ratio of 1.77).
Regarding Claim 5, Roth827 discloses wherein one or more alloying metals includes one or more metals selected from the group consisting of zirconium, niobium and tantalum (para. [0118]).
Regarding Claim 6, Roth827 discloses wherein an atomic ratio of said chromium to an atomic ratio of said one or more metals selected from the group consisting of zirconium, niobium, and tantalum is 0.4:1 to 2.5:1 (see Claim 1 above, wherein composition of Roth827 may include an alloy comprising 45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti, which equates to an alloy comprising 27.1at%Re, 46.8at% Mo, 4.9at% Zr, 3.6at% Nb, 2.3at% Ti and 15.1at% Cr, which gives a Cr:(Zr, Nb) atomic ratio of 1.77).
Regarding Claim 7, Roth827 discloses wherein said one or more alloying metals includes a first metal selected from the group consisting of bismuth, iridium, niobium, tantalum, titanium, yttrium and zirconium, and a second metal selected from the group consisting of bismuth, iridium, niobium, tantalum, titanium, yttrium and zirconium; said first and second metals are different; an atomic ratio of said first metal to said second metal is 0.4:1 to 2.5:1 (see Claim 1 above, wherein composition of Roth827 may include an alloy comprising 45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti, which equates to an alloy comprising 27.1at%Re, 46.8at% Mo, 4.9at% Zr, 3.6at% Nb, 2.3at% Ti and 15.1at% Cr, which gives a Zr (first metal): Nb (second metal) atomic ratio of 1.36).
Regarding Claim 8, Roth827 discloses wherein said one or more alloying metals includes a first metal selected from the group consisting of niobium, tantalum, and zirconium, and a second metal selected from the group consisting of niobium, tantalum, and zirconium; said first and second metals are different; an atomic ratio of said first metal to said second metal is 0.4:1 to 2.5:1 (see Claim 1 above, wherein composition of Roth827 may include an alloy comprising 45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti, which equates to an alloy comprising 27.1at%Re, 46.8at% Mo, 4.9at% Zr, 3.6at% Nb, 2.3at% Ti and 15.1at% Cr, which gives a Zr (first metal): Nb (second metal) atomic ratio of 1.36).
Regarding Claim 9, Roth827 discloses wherein said rhenium metal alloy includes less than 0.1 wt.% impurities (para. [0021], less than 0.01wt% impurities).
Regarding Claim 10, Roth827 discloses a rhenium-molybdenum alloy comprising 40-60 wt.% molybdenum, 40-60 wt.% rhenium and at least 5 wt.% of one or more secondary metals selected from the group of titanium, aluminum, copper, zirconium, niobium, iron, cobalt, nickel, manganese, vanadium, and chromium (para. [0118]), which includes an alloy comprise 41wt% Re, 40wt% Mo and 19wt% of one or more metals such as Zr, Nb, Ti and Cr, such as 5wt% Zr, 5wt% Nb, 4wt% Ti and 5wt%Cr.
This composition reads on the claimed limitations of Claim 1, requiring a rhenium metal alloy comprising rhenium, molybdenum, chromium and one or more alloying metals selected from the group consisting of bismuth, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (41wt%) and said one or more alloying metals (14wt%) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (41wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (14wt% total – 5wt% Zr, 5wt% Zr, 4wt% Ti) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (41wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (14wt%); wherein
a chromium content in said rhenium metal alloy is at least 1wt% (5wt% Cr);
a combined weight percent of said rhenium, said molybdenum, said chromium and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (41wt% Re, 40wt% Mo, 5wt% Cr, 5wt% Zr, 5wt% Nb and 4wt% Ti is 100wt%); and wherein
an atomic ratio of said chromium to an atomic ratio of one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, titanium, and yttrium of 0.4:1 to 2.5:1 (41wt% Re, 40wt% Mo, 5wt% Cr, 5wt% Zr, 5wt% Nb and 4wt% Ti equates to an alloy comprising 23.8at%Re, 45.0at% Mo, 5.9at% Zr, 5.8at% Nb, 9.0at% Ti and 10.4at% Cr, which gives a Cr:(Zr, Nb, Ti) atomic ratio of 0.50).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
This composition further reads on the claimed range wherein an atomic ratio of said rhenium to a total content of said one or more alloying metals is 0.8:1 to 1.25:1 (an alloy comprising 23.8at%Re, 45.0at% Mo, 5.9at% Zr, 5.8at% Nb, 9.0at% Ti and 10.4at% Cr, has a Re:(Zr,Nb,Ti) atomic ratio of 1.14).
Regarding Claim 11, Roth827 discloses said rhenium metal alloy has a controlled amount of nitrogen, oxygen, and carbon to reduce micro- racking in said rhenium metal alloy; a nitrogen content in said rhenium metal alloy is less than a combined content of oxygen and carbon in said rhenium metal alloy; said rhenium metal alloy has an oxygen to nitrogen atomic ratio of at least about 1.2:1; said rhenium metal alloy has a carbon to nitrogen atomic ratio of at least about 2:1 (para. [0014], regarding controlling N, O and C for microcracking; para. [0015], wherein O:N ratio is at least 1.2:1 and C:N ratio is at least 2:1).
Regarding Claim 20, Roth827 discloses a rhenium-molybdenum alloy comprising 40-60 wt.% molybdenum, 40-60 wt.% rhenium and at least 5 wt.% of one or more secondary metals selected from the group of titanium, aluminum, copper, zirconium, niobium, iron, cobalt, nickel, manganese, vanadium, and chromium (para. [0118]), which reads on and overlaps the claimed limitations. For example, Roth827 includes an alloy comprise 45wt% Re, 40wt% Mo and 15wt% of one or more metals such as Zr, Nb, Ti and Cr, such as 4wt% Zr, 3wt% Nb, 1wt% Ti and 7wt%Cr, which reads on:
a rhenium metal alloy comprising rhenium, molybdenum and one or more alloying metals selected from the group consisting of bismuth, chromium, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (45wt%) and said one or more alloying metals (15wt%) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (45wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (15wt% total – 7wt% Cr, 4wt% Zr, 3wt% Nb, 1wt% Ti) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (45wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (15wt%); wherein
a combined weight percent of said rhenium, said molybdenum, and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti is 100wt%).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
Roth827 does not disclose wherein said rhenium metal alloy has a maximum ion release of a primary component of said rhenium metal alloy when inserted or implanted on or in a body of a patient of no more than 0.5 pg/cm2 per day, and does not disclose wherein said primary component constitutes at least 2 wt.% of said rhenium metal alloy.
However, the rhenium metal alloy composition of Roth827 is the same as claimed, and it would be expected that the alloy behaves in the claimed manner when used in the claimed way and the intended function when incorporated in at least 2wt% of a primary component inserted into the body of a patient.
When the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01.
Regarding Claim 21, Roth827 discloses a rhenium-molybdenum alloy comprising 40-60 wt.% molybdenum, 40-60 wt.% rhenium and at least 5 wt.% of one or more secondary metals selected from the group of titanium, aluminum, copper, zirconium, niobium, iron, cobalt, nickel, manganese, vanadium, and chromium (para. [0118]), which reads on and overlaps the claimed limitations. For example, Roth827 includes an alloy comprise 50wt% Re, 40wt% Mo and 15wt% of one or more metals such as Zr and Cr, such as 5wt% Zr and 5wt%Cr, which reads on:
a rhenium metal alloy comprising rhenium, molybdenum, chromium and one or more alloying metals selected from the group consisting of bismuth, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (50wt%) and said one or more alloying metals (5wt% total – 5wt% Zr) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (50wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (5wt% Zr) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (50wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (5wt%); and wherein
a chromium content in said rhenium metal alloy is at least 1wt% (5wt%), and
a combined weight percent of said rhenium, said molybdenum, chromium and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (50wt% Re, 40wt% Mo, 5wt% Cr, 5wt% Zr is 100wt%).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
Roth827 further discloses wherein an atomic ratio of said chromium to an atomic ratio of said one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, titanium and yttrium is a) said atomic ratio of said chromium to said bismuth is 0.4:1 to 2.5:1, b) said atomic ratio of said chromium to said zirconium is 0.4:1 to 2.5:1, c) said atomic ratio of said chromium to said iridium is 0.4:1 to 2.5:1, d) said atomic ratio of said chromium to said niobium is 0.4:1 to 2.5:1, e) said atomic ratio of said chromium to said tantalum is 0.4:1 to 2.5:1, f) said atomic ratio of said chromium to said titanium is 0.4:1 to 2.5:1, or g) said atomic ratio of said chromium to said yttrium is 0.4:1 to 2.5:1 (composition of Roth827 may include an alloy comprising 50wt% Re, 40wt% Mo, 5wt% Cr and 5wt% Zr, which equates to an alloy comprising 32.1at%Re, 49.8at% Mo, 11.5at% Cr and 6.6at% Zr, and satisfies the limitation (b), wherein Cr:Zr is 0.4:1 to 2.5:1 – Cr (11.5at%): Zr (6.6at%) is 1.74:1).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
Roth827 does not disclose wherein:
said rhenium metal alloy has a hydrophilicity wherein a contact angle of a water droplet on a surface of said rhenium metal alloy of 25-45°; wherein
said rhenium metal alloy has a maximum ion release of a primary component of said rhenium metal alloy when inserted or implanted on or in a body of a patient of no more than 0.5 pg/cm2 per day; wherein
said primary component constitutes at least 2 wt.% of said rhenium metal alloy; wherein
said rhenium metal alloy has an absolute increase in ion release per dose of rhenium metal alloy in tissue of no more than 50 days after inserted or implanted on or in the body of the patient; wherein
said rhenium metal alloy when formed into an expandable frame exhibits a recoil percentage of less than 5% after the expandable frame has been subjected to a first crimping process; said rhenium metal alloy when formed into the expandable frame exhibits a recoil percentage of less than 5% after the expandable frame has been expanded from a crimped state to an expanded state.
However, the rhenium metal alloy composition of Roth827 is the same as claimed, and it would be expected that the alloy comprises the claimed hydrophilicity and behave in the claimed manner when used in the claimed way and the intended function when incorporated in at least 2wt% of a primary component inserted into the body of a patient, inserted into tissue, and when formed into an expandable frame.
When the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01.
Claims 1-11 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Roth494 (previously cited and cited by Applicant in IDS filed February 2, 2022, US 20170216494 A1).
Regarding Claim 1, Roth494 discloses a novel alloy comprising 40-60wt% rhenium, 40-60wt% molybdenum, and 0.05-20wt% of one or more metals selected from the group consisting of hafnium, niobium, osmium, platinum, technetium, titanium, vanadium, and zirconium, and further, one or more additional metals including chromium, wherein one or more of the additional metals is about 0.005-5wt% (para. [0012]-[0013]).
Roth494 discloses wherein Re is preferably 47-48wt% and Mo is preferably is at least about 40wt% (para. [0016]).
Roth494 teaches wherein Ti is 2wt% or less and Zr is 5wt% or less, in order to reduce the amount of O trapped in solid solution, enabling the formation of smaller grain size and increased ductility (para. [0013]-[0014]).
Thus, Roth494 discloses an alloy comprising 48wt% Re, 40wt% Mo, 2wt% Ti, 5wt% Zr, and 5wt% additional element such as Cr, which reads on the claimed invention and:
a rhenium metal alloy comprising rhenium, molybdenum, chromium and one or more alloying metals selected from the group consisting of bismuth, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (48wt%) and said one or more alloying metals (7wt% - 2wt% Ti and 5wt% Zr) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (48wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (7wt% total - 2wt% Ti and 5wt% Zr) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (48wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (7wt%); wherein
a combined weight percent of said rhenium, said molybdenum, said chromium and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr is 100wt%); and wherein
an atomic ratio of said chromium to an atomic ratio of one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, titanium, and yttrium of 0.4:1 to 2.5:1 (48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr equates to an alloy comprising 29.7at%Re, 48.1at% Mo, 6.3at% Zr, 4.8at% Ti and 11.1at% Cr, which gives a Cr:(Ti, Zr) atomic ratio of 1.00).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
Regarding Claim 2, Roth494 discloses wherein chromium (additional metal) constitutes at least 1wt% (para. [0012]-[0013], up to 5wt% additional element; see Claim 1 above, wherein composition of Roth494 includes an alloy comprising 48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr).
Regarding Claim 3, Roth494 discloses wherein said one or more alloying metals includes one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, and yttrium (para. [0012], 0.05-20wt% one or metals selected from niobium and zirconium).
Regarding Claim 4, Roth494 discloses wherein an atomic ratio of said chromium to an atomic ratio of said one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, and yttrium is 0.5:1 to 2:1 (see Claim 1 above, wherein composition of Roth494 may include an alloy comprising 48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr equates to an alloy comprising 29.7at%Re, 48.1at% Mo, 6.3at% Zr, 4.8at% Ti and 11.1at% Cr, which gives a Cr:(Zr) atomic ratio of 1.75).
Regarding Claim 5, Roth494 discloses wherein one or more alloying metals includes one or more metals selected from the group consisting of zirconium, niobium and tantalum (para. [0012], 0.05-20wt% one or metals selected from niobium and zirconium).
Regarding Claim 6, Roth494 discloses wherein an atomic ratio of said chromium to an atomic ratio of said one or more metals selected from the group consisting of zirconium, niobium, and tantalum is 0.4:1 to 2.5:1 (see Claim 1 above, wherein composition of Roth494 may include an alloy comprising 48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr equates to an alloy comprising 29.7at%Re, 48.1at% Mo, 6.3at% Zr, 4.8at% Ti and 11.1at% Cr, which gives a Cr:(Zr) atomic ratio of 1.75).
Regarding Claim 7, Roth494 discloses wherein said one or more alloying metals includes a first metal selected from the group consisting of bismuth, iridium, niobium, tantalum, titanium, yttrium and zirconium, and a second metal selected from the group consisting of bismuth, iridium, niobium, tantalum, titanium, yttrium and zirconium; said first and second metals are different; an atomic ratio of said first metal to said second metal is 0.4:1 to 2.5:1 (see Claim 1 above, wherein composition of Roth494 may include an alloy comprising 48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr equates to an alloy comprising 29.7at%Re, 48.1at% Mo, 6.3at% Zr (first metal), 4.8at% Ti (second metal) and 11.1at% Cr, which gives a Zr(first metal):Ti(second metal) atomic ratio of 1.31).
Regarding Claim 8, Roth494 wherein 0.05-20wt% of one or metals including Zr, Ti and Nb may be included, wherein up to 5wt% Zr and up to 2wt% Ti are included in order to reduce the amount of O trapped in solid solution, enabling the formation of smaller grain size and increased ductility, and wherein up 5% Nb is typically included in order to improve physical properties such as yield strength and tensile elongation (para. [0012]-[0014]; para. [0017]).
Therefore, Roth494 includes an alloy comprising 48wt% Re, 40wt% Mo, 5wt% Cr, 1wt% Ti, 3wt% Nb and 3wt% Zr, and reads on the claimed limitations required by Claim 1 (see also para. [0012], wherein Re and Mo are included in amounts of 40-60wt%).
For example, the composition 48wt% Re, 40wt% Mo, 5wt% Cr, 1wt% Ti, 3wt% Nb and 3wt% Zr reads on:
a rhenium metal alloy comprising rhenium, molybdenum, chromium and one or more alloying metals selected from the group consisting of bismuth, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (48wt%) and said one or more alloying metals (7wt%) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (48wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (7wt% total - 1wt% Ti, 3wt% Nb and 3wt% Zr) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (48wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (7wt%); wherein
a combined weight percent of said rhenium, said molybdenum, said chromium, and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (48wt% Re, 40wt% Mo, 5wt% Cr, 1wt% Ti, 3wt% Nb and 3wt% Zr is 100wt%); and wherein
an atomic ratio of said chromium to an atomic ratio of one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, titanium, and yttrium of 0.4:1 to 2.5:1 (48wt% Re, 40wt% Mo, 5wt% Cr, 1wt% Ti, 3wt% Nb and 3wt% Zr equates to an alloy comprising 30.1at%Re, 48.6at% Mo, 3.8at% Zr, 2.4at% Ti, 3.8at% Nb, and 11.2at% Cr, which gives a Cr:(Ti, Zr, Nb) atomic ratio of 1.12).
Thus, Roth494 further discloses wherein said one or more alloying metals includes a first metal selected from the group consisting of niobium, tantalum, and zirconium, and a second metal selected from the group consisting of niobium, tantalum, and zirconium; said first and second metals are different; an atomic ratio of said first metal to said second metal is 0.4:1 to 2.5:1 (48wt% Re, 40wt% Mo, 5wt% Cr, 1wt% Ti, 3wt% Nb and 3wt% Zr equates to an alloy comprising 30.1at%Re, 48.6at% Mo, 3.8at% Zr, 2.4at% Ti, 3.8at% Nb, and 11.2at% Cr, which gives a Zr (first metal): Nb (second metal) atomic ratio of 1.02).
Regarding Claim 9, Roth494 discloses wherein said rhenium metal alloy includes less than 0.1 wt.% impurities (para. [0018], less than 0.01wt% impurities).
Regarding Claim 10, Roth494 wherein 0.05-20wt% of one or metals including Zr, V, Ti and Nb may be included, wherein up to 5wt% Zr and up to 2wt% Ti are included in order to reduce the amount of O trapped in solid solution, enabling the formation of smaller grain size and increased ductility, and wherein up 5% Nb and up to 5wt% V are typically included in order to improve physical properties such as yield strength and tensile elongation (para. [0012]-[0014]; para. [0017]).
Therefore, Roth494 includes an alloy comprising 42wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti, 3wt% Nb, 4wt% V and 4wt% Zr, and reads on the claimed limitations required by Claim 1 (see also para. [0012], wherein Re and Mo are included in amounts of 40-60wt%).
For example, the composition 42wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti, 3wt% Nb, 4wt% V and 4wt% Zr reads on:
a rhenium metal alloy comprising rhenium, molybdenum, chromium and one or more alloying metals selected from the group consisting of bismuth, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (42wt%) and said one or more alloying metals (13wt%) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (42wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (13wt% total - 2wt% Ti, 3wt% Nb, 4wt% V and 4wt% Zr) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (42wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (13wt%); wherein
a combined weight percent of said rhenium, said molybdenum, said chromium and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (42wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti, 3wt% Nb, 4wt% V and 4wt% Zr is 100wt%); and wherein
an atomic ratio of said chromium to an atomic ratio of one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, titanium, and yttrium of 0.4:1 to 2.5:1 (42wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti, 3wt% Nb, 4wt% V and 4wt% Zr equates to an alloy comprising 24.1at%Re, 44.6at% Mo, 4.7at% Zr, 3.4at% Nb, 4.5at% Ti, 8.4at% Nb, and 10.3at% Cr, which gives a Cr:(Ti, Zr, V, Nb) atomic ratio of 0.49).
Thus, Roth494 further discloses wherein an atomic ratio of said rhenium to a total content of said one or more alloying metals is 0.8:1 to 1.25:1 (42wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti, 3wt% Nb, 4wt% V and 4wt% Zr equates to an alloy comprising 24.1at%Re, 44.6at% Mo, 4.7at% Zr, 3.4at% Nb, 4.5at% Ti, 8.4at% Nb and 10.3at% Cr, which gives a Re:(Ti, Zr, V, Nb) atomic ratio of 1.15).
Regarding Claim 11, Roth494 discloses said rhenium metal alloy has a controlled amount of nitrogen, oxygen, and carbon to reduce micro- racking in said rhenium metal alloy; a nitrogen content in said rhenium metal alloy is less than a combined content of oxygen and carbon in said rhenium metal alloy; said rhenium metal alloy has an oxygen to nitrogen atomic ratio of at least about 1.2:1; said rhenium metal alloy has a carbon to nitrogen atomic ratio of at least about 2:1 (para. [0019], regarding controlling O and C for microcracking; para. [0021], controlling N for ductility; para. [0022], wherein O:N ratio is at least 1.2:1 and C:N ratio is at least 2:1).
Regarding Claim 20, Roth494 discloses a novel alloy comprising 40-60wt% rhenium, 40-60wt% molybdenum, and 0.05-20wt% of one or more metals selected from the group consisting of hafnium, niobium, osmium, platinum, technetium, titanium, vanadium, and zirconium, and further, one or more additional metals including chromium, wherein one or more of the additional metals is about 0.005-5wt% (para. [0012]-[0013]).
Roth494 discloses wherein Re is preferably 47-48wt% and Mo is preferably is at least about 40wt% (para. [0016]).
Roth494 teaches wherein Ti is 2wt% or less and Zr is 5wt% or less, in order to reduce the amount of O trapped in solid solution, enabling the formation of smaller grain size and increased ductility (para. [0013]-[0014]).
Thus, Roth494 discloses an alloy comprising 48wt% Re, 40wt% Mo, 2wt% Ti, 5wt% Zr, and 5wt% additional element such as Cr, which reads on the claimed invention and:
a rhenium metal alloy comprising rhenium, molybdenum, and one or more alloying metals selected from the group consisting of bismuth, chromium, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (48wt%) and said one or more alloying metals (12wt% - 2wt% Ti, 5wt% Zr, 5wt% Cr) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (48wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (12wt% total - 2wt% Ti, 5wt% Zr, 5wt% Cr) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (48wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (12wt%); and wherein
a chromium content in said rhenium metal alloy is at least 1wt% (5wt%), and
a combined weight percent of said rhenium, said molybdenum, and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr is 100wt%).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
Roth494 does not disclose wherein said rhenium metal alloy has a maximum ion release of a primary component of said rhenium metal alloy when inserted or implanted on or in a body of a patient of no more than 0.5 pg/cm2 per day, and does not disclose wherein said primary component constitutes at least 2 wt.% of said rhenium metal alloy.
However, the rhenium metal alloy composition of Roth494 is the same as claimed, and it would be expected that the alloy behave in the claimed manner when used in the claimed way and the intended function when incorporated in at least 2wt% of a primary component inserted into the body of a patient.
When the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01.
Regarding Claim 21, Roth494 discloses a novel alloy comprising 40-60wt% rhenium, 40-60wt% molybdenum, and 0.05-20wt% of one or more metals selected from the group consisting of hafnium, niobium, osmium, platinum, technetium, titanium, vanadium, and zirconium, and further, one or more additional metals including chromium, wherein one or more of the additional metals is each about 0.005-5wt% (para. [0012]-[0013]).
Roth494 discloses wherein Re is preferably 47-48wt% and Mo is preferably is at least about 40wt% (para. [0016]).
Roth494 teaches wherein Ti is 2wt% or less and Zr is 5wt% or less, in order to reduce the amount of O trapped in solid solution, enabling the formation of smaller grain size and increased ductility (para. [0013]-[0014]).
Thus, Roth494 discloses an alloy comprising 48wt% Re, 40wt% Mo, 2wt% Ti, 5wt% Zr, and 5wt% additional element such as Cr, which reads on the claimed invention and:
a rhenium metal alloy comprising rhenium, molybdenum, chromium, and one or more alloying metals selected from the group consisting of bismuth, copper, hafnium, iridium, manganese, niobium, osmium, rhodium, ruthenium, tantalum, technetium, titanium, vanadium, yttrium, and zirconium; wherein
a combined weight percentage of said rhenium (48wt%) and said one or more alloying metals (7wt% - 2wt% Ti, 5wt% Zr) in said rhenium metal alloy is greater than or equal to a weight percent of said molybdenum (40wt%) in said rhenium metal alloy; wherein
said weight percent of said molybdenum (40wt%) in said rhenium metal alloy is at least 10 wt.%;
a weight percent of said rhenium (48wt%) in said rhenium metal alloy is 35-60 wt.%;
a combined weight percent of said one or more alloying metals (7wt% total - 2wt% Ti, 5wt% Zr) in said rhenium metal alloy is 5-45 wt.%,
said weight percent of said rhenium (48wt%) in said rhenium metal alloy is greater than said combined weight percent of said one or more alloying metals (7wt%); and wherein
a chromium content in said rhenium metal alloy is at least 1wt% (5wt%), and
a combined weight percent of said rhenium, said molybdenum, said chromium, and said one or more alloying metals in said rhenium metal alloy is at least 99.9 wt.% (48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr is 100wt%).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
Roth494 further discloses wherein an atomic ratio of said chromium to an atomic ratio of said one or more metals selected from the group consisting of bismuth, zirconium, iridium, niobium, tantalum, titanium and yttrium is a) said atomic ratio of said chromium to said bismuth is 0.4:1 to 2.5:1, b) said atomic ratio of said chromium to said zirconium is 0.4:1 to 2.5:1, c) said atomic ratio of said chromium to said iridium is 0.4:1 to 2.5:1, d) said atomic ratio of said chromium to said niobium is 0.4:1 to 2.5:1, e) said atomic ratio of said chromium to said tantalum is 0.4:1 to 2.5:1, f) said atomic ratio of said chromium to said titanium is 0.4:1 to 2.5:1, or g) said atomic ratio of said chromium to said yttrium is 0.4:1 to 2.5:1 (composition of Roth494 includes an alloy comprising 48wt% Re, 40wt% Mo, 5wt% Cr, 2wt% Ti and 5wt% Zr, which equates to an alloy comprising 29.7at%Re, 48.1at% Mo, 11.1at% Cr, 4.8at% Ti and 6.3at% Zr, and satisfies the limitation (b), wherein Cr:Zr is 0.4:1 to 2.5:1 – Cr (11.1at%): Zr (6.3at%) is 1.76:1, and limitation (f) wherein Cr:Ti is 0.4:1 to 2.5:1 – Cr (11.1at%): Zr (4.8at%) is 2.31:1).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.I.
Roth494 does not disclose wherein:
said rhenium metal alloy has a hydrophilicity wherein a contact angle of a water droplet on a surface of said rhenium metal alloy of 25-45°; wherein
said rhenium metal alloy has a maximum ion release of a primary component of said rhenium metal alloy when inserted or implanted on or in a body of a patient of no more than 0.5 pg/cm2 per day; wherein
said primary component constitutes at least 2 wt.% of said rhenium metal alloy; wherein
said rhenium metal alloy has an absolute increase in ion release per dose of rhenium metal alloy in tissue of no more than 50 days after inserted or implanted on or in the body of the patient; wherein
said rhenium metal alloy when formed into an expandable frame exhibits a recoil percentage of less than 5% after the expandable frame has been subjected to a first crimping process; said rhenium metal alloy when formed into the expandable frame exhibits a recoil percentage of less than 5% after the expandable frame has been expanded from a crimped state to an expanded state.
However, the rhenium metal alloy composition of Roth494 is the same as claimed, and it would be expected that the alloy comprise the claimed hydrophilicity and behave in the claimed manner when used in the claimed way and the intended function when incorporated in at least 2wt% of a primary component inserted into the body of a patient, inserted into tissue, and when formed into an expandable frame.
When the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). See MPEP 2112.01.
Response to Arguments
Applicant’s arguments directed to the rejection under 35 U.S.C. 103 over Roth827 and over Roth494 have been fully considered but are respectfully not found persuasive.
Regarding Roth827:
Applicant argues that none of the examples of Roth827 disclose a Re metal alloy as defined by Claim 1.
Applicant argues that Roth827 discloses wherein examples 1-6 and 21-31 require W and further amounts of W outside of the claimed range, and argues that examples 7-20 do not disclose Cr.
Applicant argues that the disclosure relied upon is merely a general teaching of a Mo alloy, and does not teach wherein the atomic ratio of Cr to one or more of the alloy metals selected from Bi, Zr, Ir, Nb, Ta, Ti and Y is 0.4:1 to 2.5:1. Applicant argues that one would not be motivated to comprise the claimed atomic ratios and that Ro827 does not teach or suggest the alloy features disclosed in the claims.
These arguments are not found persuasive.
The examples of Roth827 do not teach away from the disclosure relied upon in the rejection, and “patents are relevant as prior art for all they contain” including nonpreferred embodiments (see MPEP 2123.I). Further, “disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments”. Thus, the other embodiments of Roth827 comprising different W amounts and Cr amounts do not teach away from the teaching disclosed in para. [0018]).
Regarding the atomic ratio, Roth827 discloses a metal alloy that includes “40-60 wt. % molybdenum, 40-60wt% rhenium and at least 5 wt. % of one or more secondary metals selected from the group of titanium, tungsten, aluminum, copper, zirconium, niobium, iron, cobalt, nickel, manganese, vanadium, and chromium”, which includes alloys which overlap in composition with the claimed invention and produce the claimed atomic ratio of 0.4-2.5 to 1.
For example, see Claim 1 and Claim 21 rejection above, wherein an alloy comprising (Claim 1) 45wt% Re, 40wt% Mo, 7wt% Cr, 4wt% Zr, 3wt% Nb and 1wt% Ti, and within the composition disclosed by Roth827, comprises a Cr to alloying elements atomic ratio, Cr:(Zr, Nb, Ti), of 1.39, and wherein an alloy comprising (Claim 21) 50wt% Re, 40wt% Mo, 5wt% Cr and 5wt% Zr, also within the composition disclosed by Roth827, comprises a Cr to alloying elements, Cr:Zr, atomic ratio of 1.74.
In response to applicant's argument that Roth827 does not expressly disclose an atomic ratio teaching between Cr and the other elements, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Examiner notes that arguments directed to Roth494 were no presented.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Furst (US 20140099279 A1): discloses a rhenium (Re) alloy comprising 45-50wt% (Re), at least 40wt% Mo, and up to 5wt% total of Ti, Y and/or Zr (para. [0016]).
Adams (US 20030206823 A1): teaches alloying a rhenium based alloy with up to 15at% Cr in order to improve oxidation resistance (Abstract; para. [0024]; Claim 4, 0-15at% Cr).
Xu (US 20040049261 A): teaches a medical device comprised of a molybdenum-rhenium alloy including 10-70% Mo and 30-90wt% Re, preferably 35-55% Re (para. [0008]; para. [0020]).
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 CATHERINE P SMITH whose telephone number is (303)297-4428. The examiner can normally be reached Monday - Friday 9:00-4:00 MT.
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, Keith Walker can be reached at (571)-272-3458. 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.
CATHERINE P. SMITH
Patent Examiner
Art Unit 1735
/CATHERINE P SMITH/ Examiner, Art Unit 1735
/KEITH WALKER/ Supervisory Patent Examiner, Art Unit 1735