Prosecution Insights
Last updated: April 19, 2026
Application No. 17/589,043

ELECTROCAUTERY APPARATUS AND METHOD FEATURING ULTRASOUND GUIDANCE

Final Rejection §103§112
Filed
Jan 31, 2022
Examiner
ZIEGLER, ABIGAIL M
Art Unit
3794
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Little Engine LLC
OA Round
4 (Final)
41%
Grant Probability
Moderate
5-6
OA Rounds
4y 3m
To Grant
87%
With Interview

Examiner Intelligence

Grants 41% of resolved cases
41%
Career Allow Rate
36 granted / 88 resolved
-29.1% vs TC avg
Strong +46% interview lift
Without
With
+46.0%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
49 currently pending
Career history
137
Total Applications
across all art units

Statute-Specific Performance

§101
0.8%
-39.2% vs TC avg
§103
44.2%
+4.2% vs TC avg
§102
18.9%
-21.1% vs TC avg
§112
32.0%
-8.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 88 resolved cases

Office Action

§103 §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 20th, 2026 has been entered. Applicant’s amendments to the claims have overcome the claim objection and 112(b) rejections previously set forth in the Non-Final Rejection mailed October 20th, 2025. Response to Arguments Applicant's arguments filed January 20th, 2026 have been fully considered but they are not persuasive. Regarding applicant’s arguments on pages 4-5 that there is no disclosure in Jang of an “audio” portion of the warning, the Examiner respectfully disagrees on the grounds that the retraction of the blade is an audiovisual warning because the retraction of the blade can both be seen and heard due to the mechanical action of a structures fast/automatic movement. In response to applicant's arguments against the references individually on pages 5-7, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Regarding Applicant’s arguments on pages 5-6 that Weber does not teach or suggest ceasing current applied to a surgical electrode to prevent cutting or damaging anatomical tissue or that there is no teaching or suggestion in Weber to alter current in response to the detection of different types of tissue, the Examiner respectfully disagrees on the grounds that Weber does teach this, as detailed in the updated rejection, below. In response to applicant's argument on page 6 that modifying Jang in view of Walsh would require a complete redesign of Jang to allow the separate introduction of the transducer and instrument via different catheters and separate control of their distances, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). In response to applicant's argument on pages 6-7 that such modification (Iannitti teaching an accelerometer) would change the operation of Jang and Walsh, that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Therefore, these arguments are not persuasive and the Examiner maintains that the current prior art of record teaches the original and amended claim limitations. Claim Objections Claim 1 objected to because of the following informalities: Claim 1, line 17: “module adapted” should read --module is adapted--. 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, 6, 28-29 & 31-33 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 joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Regarding claim 1, the claim recites “position and acceleration data” in lines 22-23 and it is unclear if this is the same position and acceleration data as that recited in lines 17-18 or is different position and acceleration data. For examination purposes, these are the same position and acceleration data and the limitation will be interpreted as “the position and acceleration data”. Regarding claim 1, the claim recites “a microprocessor and RAM/ROM memory” in lines 24-25 and it is unclear if this is separate or part of the computer system recited in line 21. For examination, these will be interpreted as components that may be part of a same computer system. Claims 6, 28-29 & 31-33 are also rejected by virtue of their dependency on claim 1. Regarding claim 6, the claim recites “an associated computer system” in line 3 and it is unclear if this is computer system is the same as the computer system recited in claim 1, from which claim 6 depends or is a separate computer system. For examination purposes, these are a same computer system and the limitation will be interpreted as “the computer system”. Regarding claim 28, the claim recites “a proximity” in line 3 and it is unclear if this is the same proximity or a different proximity as recited in claim 1, from which claim 28 depends. For examination purposes, these are the same proximities and the limitation will be interpreted as “the proximity”. Claim 29 is also rejected by virtue of its dependency on claim 28. Regarding claim 32, the claim recites “a proximity” in line 3 and it is unclear if this is the same proximity or a different proximity as recited in claim 1, from which claim 28 depends. For examination purposes, these are the same proximities and the limitation will be interpreted as “the proximity”. Claim 33 is also rejected by virtue of its dependency on claim 32. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claims 32-33 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Regarding claim 32, the claim recites “wherein the signal to the user of the electrocautery device is an audio warning to the operator of positioning of the electrocautery device in a proximity to anatomical tissue whose cutting or damage is to be avoided” and it is unclear how this further narrows the subject matter of claim 1, which recites “wherein the signal to the user of the electrocautery device is an audiovisual waring to the user of positioning of the electrocautery device in a proximity to anatomic tissue whose cutting or damage is to be avoided”. Claim 33 is also rejected by virtue of its dependency on claim 32. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. 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 1, 6, 28-29 & 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (U.S. Pub. No. 20200008880, previously cited), herein referred to as “Jang” in view of Walsh et al. (U.S. Pub. No. 20200360054, previously cited), herein referred to as “Walsh”, Weber (U.S. Pub. No. 20140188095, previously cited), herein referred to as “Weber” and Iannitti et al. (U.S. Pub. No. 20180177390, previously cited), herein referred to as “Iannitti”. Regarding claim 1, Jang discloses an electrocautery device (ultrasonic probe 100; [0087]: the incision unit 110 is constituted by an electrode of the electric scalpel, the incision unit 110 may solidify the object … the region coagulates), the electrocautery device comprising: (a) a handle portion (lower housing 122, upper housing 124 and cover housing 126) having a distalmost end along is longitudinal axis (rounded distalmost end of cover housing 126); (b) an electrocautery unit (incision unit 110) having a surgical electrode extending from the distalmost end of said handle portion ([0084]: the incision unit 110 may be provided with an electrode; see Fig. 2); (c) an ultrasonic transponder (ultrasonic image acquisition unit 40) so as to be adapted to detect differences in anatomical tissue distally of said surgical electrode ([0069]: the ultrasonic image acquisition unit 40 for generating an internal image of the object, the adjustment unit 50 for adjusting the incision unit 110, the power supply unit 60 for supplying power to each configuration of the ultrasonic probe 100, the display unit 70 for outputting an adjustment result of the incision unit 110; wherein device control based off of an image is seen as detecting differences in the tissue distally of the probe); (d) a source of current (power supply unit 60) to said surgical electrode ([0086]: the incision unit 110 receives electric power from the power supply unit 60); (e) a feedback module (controller 90) adapted to, based on the detection of differences in anatomical tissue ([0057]: The incision unit 110 is adjusted based on the inside of the object determined by the ultrasonic signal received by the ultrasonic probe 100; [0080]: the controller 90 may determine that it is possible to avoid a hazardous object or a region of interest that should not be incised in the direction of the movement of the incision unit 110), (1) signal a user of the electrocautery device, wherein the signal to the user of the electrocautery device is an audiovisual waring to the user of positioning of the electrocautery device in a proximity to anatomic tissue whose cutting or damage is to be avoided ([0108]: the ultrasonic probe 100 irradiates ultrasonic wave to an object 200 and determines the interior of the object 200 through the reflected ultrasonic signal; [0113]: Meanwhile, FIGS. 4A and 4B are merely examples of the operation of the disclosed ultrasonic probe 100. As another example, if the user is set to insert the incision unit when there is another dangerous object such as a blood vessel in the incision object, the ultrasonic probe 100 may stop the incision by inserting the incision unit 110 completely into the inside of the incision part; wherein the retraction of the blade is seen as an audiovisual signal since a user can see and hear the blade being retracted); and (f) a data transmission module (communication unit 80) for transmitting data from said ultrasonic transponder, and for transmitting data to said feedback module ([0069]: the ultrasonic image acquisition unit 40 for generating an internal image of the object, the adjustment unit 50 for adjusting the incision unit 110, the power supply unit 60 for supplying power to each configuration of the ultrasonic probe 100, the display unit 70 for outputting an adjustment result of the incision unit 110 … a communication unit 80 for exchanging data with the ultrasonic diagnostic apparatus 10; [0095]: communication unit 80 transmits ultrasonic signals to the ultrasonic diagnostic apparatus 10 or transmits the generated ultrasonic signals to the ultrasonic probe 100. The communication unit 80 may also receive a control command of the ultrasonic probe 100 from the ultrasonic diagnostic apparatus 10). (h) a three-dimensional spatial data module adapter to transmit three-dimensional spatial data to a computer system ([0069]: a communication unit 80 for exchanging data with the ultrasonic diagnostic apparatus 10; [0131]: the ultrasonic probe 100 detects the depth of the region of interest based on the ultrasonic image within the object (330); [0138]: The ultrasonic probe 100 detects the shape of the object, that is, the shape of the region of interest based on the generated image (420); wherein detection of the shape and depth of a region of interest is seen as a three-dimensional spatial data module), (i) a display adapted to display a surgical site ([0050]: a processor for controlling the overall operation of the ultrasonic diagnostic apparatus 10. The processor generates an ultrasonic image and controls the main body display unit 4 to output an image), wherein the data transmission module adapted to transmit electrocautery unit status data ([0069]: the ultrasonic image acquisition unit 40 for generating an internal image of the object, the adjustment unit 50 for adjusting the incision unit 110, the power supply unit 60 for supplying power to each configuration of the ultrasonic probe 100, the display unit 70 for outputting an adjustment result of the incision unit 110 … a communication unit 80 for exchanging data with the ultrasonic diagnostic apparatus 10; [0095]: communication unit 80 transmits ultrasonic signals to the ultrasonic diagnostic apparatus 10 or transmits the generated ultrasonic signals to the ultrasonic probe 100. The communication unit 80 may also receive a control command of the ultrasonic probe 100 from the ultrasonic diagnostic apparatus 10; [0043]: the ultrasonic probe 100 and the ultrasonic diagnostic apparatus 10 exchange signals through wireless communication. However, this is merely an example, and the ultrasonic diagnostic apparatus 10 and the ultrasonic probe 100 may be connected through a wired communication). But Jang fails to disclose (c) an ultrasonic transponder extending from the distalmost end of said handle portion and disposed adjacent and parallel to said surgical electrode, wherein the surgical electrode and ultrasonic transponder extend approximately equal distances from the distalmost end of said handle portion. However, Walsh discloses an electrocautery device (modular assembly 100; [0030]: the second endoscopic instrument 150 of the present disclosure is not limited to a biopsy needle, but may include a variety of medical instruments configured to manipulate a target tissue within a body passage, including, for example, electrocautery knives), the electrocautery device comprising: (a) a handle portion (main body 110; [0022]: main body 110 (e.g., housing, ergonomic handle, etc.)); (b) an electrocautery unit ([0030]: the second endoscopic instrument 150 of the present disclosure is not limited to a biopsy needle, but may include a variety of medical instruments configured to manipulate a target tissue within a body passage, including, for example, electrocautery knives); and (c) an ultrasonic transponder (ultrasound transducer 142) extending from the distalmost end of said handle portion (distal end of dual-lumen catheter 112; [0024]: an ultrasound transducer 142 disposed at a distal end of the first endoscopic instrument 140 extends beyond a distal end of the dual-lumen catheter 112) and disposed adjacent and parallel to said surgical electrode ([0026]: a distally extended position with the sharpened distal end 152 of the second endoscopic instrument in the second position (FIG. 4B); [0027]: the sharpened distal end 152 of the second endoscopic instrument 150 may be substantially adjacent to or extend slightly distally beyond the ultrasound transducer 142 such that the pulmonary nodule 160 and sharpened distal end 152 may be imaged simultaneously; see Fig. 4B), wherein the surgical electrode and ultrasonic transponder extend approximately equal distances from the distalmost end of said handle portion ([0027]: the sharpened distal end 152 of the second endoscopic instrument 150 may be substantially adjacent to or extend slightly distally beyond the ultrasound transducer 142 such that the pulmonary nodule 160 and sharpened distal end 152 may be imaged simultaneously; see Fig. 4B and wherein “approximately” is broad such that substantially adjacent is seen as extending approximately the same distance from the distalmost end of the handle portion). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the electrocautery device of Jang to have the positioning of the ultrasonic transponder, as taught by Walsh, for the purpose of enabling the target tissue and distal end of the electrocautery unit to be imaged simultaneously (Walsh: [0027]). But Jang in view of Walsh fail to disclose: (e) a feedback module adapted to, based on the detection of differences in anatomical tissue, (2) cease the current provided by said source of current to prevent cutting or damaging anatomical tissue However, Weber discloses (e) a feedback module adapted to, based on the detection of differences in anatomical tissue ([0138]: Step 920 may comprise identifying important blood vessels, nerves, ducts, organs or other anatomy in the area surrounding the target tissue), (2) cease the current provided by said source of current to prevent cutting or damaging anatomical tissue ([0076]: some energy window implementations may comprise a series of termini or other regions within which energy is delivered with interspersed regions within which no energy, or less energy, is delivered. This configuration may be useful for some implementations to allow for alteration of certain tissue areas with interspersed areas within which tissue is not altered, or at least is less altered. This may have some advantages for certain applications due to the way in which such tissue heals). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the change of current of Jang in view of Walsh to be a cessation of current, as taught by Weber, for the purpose of the configuration may be useful for some implementations to allow for alteration of certain tissue areas with interspersed areas within which tissue is not altered, or at least is less altered (Weber: [0076]). But Jang in view of Weber and Walsh fail to disclose: (g) an accelerometer, wherein the data transmission module adapted to transmit position and acceleration data from the electrocautery unit, (i) a display adapted to display a surgical site and further incorporate position and acceleration data from the electrocautery unit, wherein said data transmission module also contains a microprocessor and RAM/ROM memory for managing a short-range wireless or wired interface and converting voltage data from the accelerometer into digitized data. However, Iannitti discloses (g) an accelerometer ([0041]: Sensors may optionally include and/or be coupled to one or more accelerometers), wherein the data transmission module adapted to transmit position and acceleration data from the electrocautery unit ([0041]: Sensors may optionally include and/or be coupled to one or more accelerometers used to estimate the movement, position, and location of the medical device and/or portions thereof; [0026]: In some aspects, the spatial location of the device is determined using real-time data received from an ultrasound device (e.g., ultrasound wand); where real-time data acquisition is seen as a short-range wireless or wired data connection), (i) a display adapted to further incorporate position and acceleration data from the electrocautery unit ([0041]: Sensors may optionally include and/or be coupled to one or more accelerometers used to estimate the movement, position, and location of the medical device and/or portions thereof; [0052]: In some embodiments, position sensing units are used to track the sensors disposed on the medical device and the ultrasound wand. The position data is sent to the imaging platform, which processes or combines the data with the volumetric data obtained from the 3D ultrasound transducer and provided on a display), wherein said data transmission module also contains a microprocessor and RAM/ROM memory for managing a short-range wireless or wired interface and converting voltage data from the accelerometer into digitized data ([0041]: Sensors may optionally include and/or be coupled to one or more accelerometers used to estimate the movement, position, and location of the medical device and/or portions thereof; [0052]: In some embodiments, position sensing units are used to track the sensors disposed on the medical device and the ultrasound wand. The position data is sent to the imaging platform, which processes or combines the data with the volumetric data obtained from the 3D ultrasound transducer and provided on a display; [0054]: In some cases, the imaging platform includes at least one processor and memory. The processor may be a physical hardware processor including a single core or multiple cores. The processor may also be a virtual processor that runs on a hypervisor layer that control access to underlying processor hardware; wherein in a system utilizing accelerometer(s) and processors, this is seen as being capable of converting voltage data from the accelerometer into digitized data). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to include the accelerometer, microprocessor and position/acceleration data of Iannitti to the system of Jang in view of Weber and Walsh for the purpose of improving the ease and ability to target structures and navigate solid organ tissue intra-operatively, in part, by modeling the surgeon's actions while using the device and/or the device's spatial location relative to the patient and/or the patient's organ and so that a surgeon has improved visualization of the surgical trajectory and vital structures within a solid organ (Iannitti: [0026], [0051]). Regarding claim 6, Jang discloses (j) a three- dimensional spatial detection system and associated tactile feedback system contained within the electrocautery device and an associated computer system ([0131]: the ultrasonic probe 100 detects the depth of the region of interest based on the ultrasonic image within the object (330); [0138] The ultrasonic probe 100 detects the shape of the object, that is, the shape of the region of interest based on the generated image (420); [0113]: if the user is set to insert the incision unit when there is another dangerous object such as a blood vessel in the incision object, the ultrasonic probe 100 may stop the incision by inserting the incision unit 110 completely into the inside of the incision part; wherein detection of the shape and depth of a region of interest is seen as a three-dimensional spatial detection system & retraction of the blade is seen as a tactile feedback). Regarding claim 28, Jang in view of Walsh fail to disclose wherein the signal to the user of the electrocautery device is a vibration to warn the user of positioning of the electrocautery device in a proximity to anatomical tissue whose cutting or damage is to be avoided. However, Weber discloses wherein the signal to the user of the electrocautery device is a vibration to warn the user of positioning of the electrocautery device in a proximity to anatomical tissue whose cutting or damage is to be avoided ([0044]: the feedback means may be configured to notify the surgeon when the TDM has been positioned in a particular location within the target region for a particular time period …. Examples of tactile feedback means include vibration). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the electrocautery device of Jang in view of Walsh to include a signal to the user, as taught by Weber, for the purpose of providing information to a user to avoid excess energy delivery to tissues (Weber: [0044]). Regarding claim 29, Jang fails to disclose wherein the feedback module activates vibration based on the acceleration and position data. However, Weber discloses wherein the feedback module activates vibration based on the acceleration and position data ([0044]: the feedback means may be configured to notify the surgeon when the TDM has been positioned in a particular location within the target region for a particular time period …. Examples of tactile feedback means include vibration). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the electrocautery device of Jang in view of Walsh to include an accelerometer and feedback module, as taught by Weber, for the purpose of providing information to a user to avoid excess energy delivery to tissues (Weber: [0044]). Regarding claim 31, Jang fails to disclose wherein the feedback module varies the current based on the acceleration and/or position data. However, Weber discloses wherein the feedback module varies the current based on the acceleration and/or position data ([0043]: For example, some embodiments may be configured such that a surgeon can visualize the temperature of tissue positioned adjacent to one or more locations along the TDM to ensure that such temperatures are within a desired temperature range. Some embodiments may alternatively, or additionally, be configured such that one or more temperature sensors are coupled with a processor in a feedback loop such that energy delivery may be automatically adjusted by the system in response to temperature data; [0044]: the feedback means may be configured to notify the surgeon when the TDM has been positioned in a particular location within the target region for a particular time period; wherein energy being modulated on both temperature and location data is seen as varying the current based on position data since increased temperature at a location for a time period is to be avoided). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the electrocautery device of Jang in view of Walsh to include an accelerometer and feedback module, as taught by Weber, for the purpose of providing information to a user to avoid excess energy delivery to tissues (Weber: [0044]). Regarding claim 32, Jang in view of Walsh fails to disclose wherein the signal to the user of the electrocautery device is an audio warning to the user of positioning of the electrocautery device in a proximity to anatomical tissue whose cutting or damage is to be avoided. However, Weber discloses wherein the signal to the user of the electrocautery device is an audio warning to the user of positioning of the electrocautery device in a proximity to anatomical tissue whose cutting or damage is to be avoided ([0044]: the feedback means may be configured to notify the surgeon when the TDM has been positioned in a particular location within the target region for a particular time period ….Examples of audible feedback means include speakers, alarms, audible vibration, etc.). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the electrocautery device of Jang in view of Walsh to include a signal to the user, as taught by Weber, for the purpose of providing information to a user to avoid excess energy delivery to tissues (Weber: [0044]). Regarding claim 33, Jang fails to disclose wherein the feedback module activates the audio warning based on the acceleration and position data. However, Weber discloses wherein the feedback module activates the audio warning based on the acceleration and position data ([0044]: the feedback means may be configured to notify the surgeon when the TDM has been positioned in a particular location within the target region for a particular time period … Examples of audible feedback means include speakers, alarms, audible vibration, etc.). Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the electrocautery device of Jang in view of Walsh to include an accelerometer and feedback module, as taught by Weber, for the purpose of providing information to a user to avoid excess energy delivery to tissues (Weber: [0044]). 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 Abigail M Ziegler whose telephone number is (571) 272-1991. The examiner can normally be reached M-F 8:30 a.m. - 5 p.m. EST. 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 at (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. /ABIGAIL M ZIEGLER/Examiner, Art Unit 3794 /THOMAS A GIULIANI/Primary Examiner, Art Unit 3794
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Prosecution Timeline

Jan 31, 2022
Application Filed
Aug 29, 2024
Non-Final Rejection — §103, §112
Feb 12, 2025
Response Filed
Apr 02, 2025
Final Rejection — §103, §112
Jul 16, 2025
Interview Requested
Jul 22, 2025
Examiner Interview Summary
Jul 22, 2025
Applicant Interview (Telephonic)
Aug 08, 2025
Request for Continued Examination
Aug 12, 2025
Response after Non-Final Action
Oct 14, 2025
Non-Final Rejection — §103, §112
Jan 20, 2026
Response Filed
Mar 03, 2026
Final Rejection — §103, §112 (current)

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Prosecution Projections

5-6
Expected OA Rounds
41%
Grant Probability
87%
With Interview (+46.0%)
4y 3m
Median Time to Grant
High
PTA Risk
Based on 88 resolved cases by this examiner. Grant probability derived from career allow rate.

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