Office Action Predictor
Application No. 17/643,254

RESTORATION THERAPY HAND TOOL

Final Rejection §103§112
Filed
Dec 08, 2021
Examiner
PINDERSKI, JACQUELINE M
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Unknown
OA Round
2 (Final)
27%
Grant Probability
At Risk
3-4
OA Rounds
3y 7m
To Grant
69%
With Interview

Examiner Intelligence

27%
Career Allow Rate
58 granted / 218 resolved
Without
With
+42.4%
Interview Lift
avg trend
3y 7m
Avg Prosecution
49 pending
267
Total Applications
career history

Statute-Specific Performance

§101
2.6%
-37.4% vs TC avg
§103
42.0%
+2.0% vs TC avg
§102
13.0%
-27.0% vs TC avg
§112
33.7%
-6.3% vs TC avg
Black line = Tech Center average estimate • Based on career data

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 . Election/Restrictions Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/4/2025. Response to Amendments The Amendment filed 7/22/2025 has been entered. Claims 1, 4, 6-8, and 12 were amended, and claims 3 and 11 were canceled. Thus, claims 1-2, 4-10, and 12-20 are pending in the application, with claims 15-20 being withdrawn. 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 1-2, 4-10, and 12-14 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 limitation “one or more stems” in lines 7-8 is confusing, as it is unclear whether or not this limitation is meant to include or be separate from the “one or more stems” in lines 5-6. For the purposes of examination, it will be interpreted as a different limitation. Regarding claim 7, the limitation “a plurality of stems, each of the plurality of stems” in line 2 is confusing, as it is unclear whether or not this limitation is meant to include the “one or more stems” claimed in claim 1 in lines 5-6 and/or lines 7-8. For the purposes of examination, it will be interpreted as including the “one or more stems” claimed in claim 1 in lines 5-6. Regarding claim 8, the limitation “a single stem” in line 2 is confusing, as it is unclear whether or not this limitation is meant to be a part of the “one or more stems” claimed in claim 1 in lines 5-6 and/or lines 7-8. For the purposes of examination, it will be interpreted as being part of the “one or more stems” claimed in claim 1 in lines 7-8. Any remaining claims are rejected based on their dependency on a rejected base claim. 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. Claims 1-2, 4-6, 8-9, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Turnbow-Faraci et al. (US 2015/0150758 A1) in view of Jozsy (US 2,480,029). Regrading claim 1, as best understood, Turnbow-Faraci discloses a manual therapy tool (therapeutic device which is handheld) (abstract; claim 1) comprising: a body having a first surface and a second surface (circular head portion of first arm 110, with surfaces facing contact portions 150, 250) (Figs. 1-7; para. [0037]; para. [0039]); a first contact surface (one of the contact members 820, 830, 840 on an attachment head 800 coupled to a surface of the circular head portion of first arm 110) (Figs. 1-7, 15-17; paras. [0050-0052]); a second contact surface, wherein the second contact surface has at least one of a different size, different shape, or different surface texture than the first contact surface (another one of the contact members 820, 830, 840 on another attachment head 800 coupled to the opposite surface of the circular head portion of first arm 110; contact members 820, 830, 840 come in various shapes and sizes) (Figs. 1-7, 15-17; paras. [0050-0052]). Turnbow-Faraci does not disclose the first surface having openings to first cavities that extend into the body, and the second surface having openings to second cavities that extend into the body; the first contact surface spaced apart from the body and connected to one or more stems that extend into the first cavities; the second contact surface spaced apart from the body and connected to one or more stems that extend into the second cavities; a spring mechanism inside at least one of the first cavities and the second cavities allowing the first contact surface and the second contact surface to move closer to the body in response to compression. However, Jozsy teaches a massaging device (Jozsy; col. 1, lines 1-6) wherein the surface has openings to cavities that extend into the body (flat bottom 20 with circular openings 21/passages 23 that extend into casing 12) (Jozsy; Figs. 1-4; col. 2, lines 28-42); the contact surface spaced apart from the body and connected to one or more stems that extend into the cavities (there is a gap between each ball 14 on a hollow piece 15 and the walls of the block 22/bottom 20 defining their passages 23; each ball 14 on a hollow piece 15 is connected to a spindle 16 inside a passage 23) (Jozsy; Figs. 3-4; col. 2, lines 14-20, 51-56); a spring mechanism inside at least one of the cavities allowing the contact surface to move closer to the body in response to compression (spring 17 inside each passage 23, where the spring 17 can compress and thereby allow the ball 14 on a hollow piece 15 to move inward and thus closer to the casing 12) (Jozsy; Figs. 3-4; col. 2, lines 14-20, 57-60; col. 3, lines 1-17). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Turnbow-Faraci first surface, second surface, first contact surface, and second contact surface such that the surfaces include openings to cavities that extend into the body; the contact surfaces spaced apart from the body and connected to one or more stems that extend into the cavities; a spring mechanism inside at least one of the cavities allowing the contact surfaces to move closer to the body in response to compression, as taught by Jozsy, for the purpose of ensuring the massaging contact surfaces can readily conform to body contours (Jozsy; col. 1, lines 7-10; col. 3, lines 8-17). With this modification, the modified Turnbow-Faraci would thus teach the first surface having openings to first cavities that extend into the body (the modified Turnbow-Faraci circular head portion of first arm 110 surface facing contact portion 150 would have Jozsy circular openings 21/passages 23 extending inside the Turnbow-Faraci circular head portion of first arm 110) (Turnbow-Faraci, Figs. 1-7, 15-17, paras. [0050-0052]; Jozsy, Figs. 1-4, col. 2 lines 19-42, 51-56), and the second surface having openings to second cavities that extend into the body (the modified Turnbow-Faraci circular head portion of first arm 110 surface facing contact portion 250 would have Jozsy circular openings 21/passages 23 extending inside the Turnbow-Faraci circular head portion of first arm 110) (Turnbow-Faraci, Figs. 1-7, 15-17, paras. [0050-0052]; Jozsy, Figs. 1-4, col. 2 lines 19-42, 51-56); the first contact surface spaced apart from the body and connected to one or more stems that extend into the first cavities (there is a gap between each Jozsy ball 14 on a hollow piece 15 and the walls of the block 22/bottom 20 defining their passages 23, and as such the modified Turnbow-Faraci contact members 820, 830, 840 on contact portion 150 would have a gap between the Turnbow-Faraci circular head portion of first arm 110 surface facing contact portion 150 and a contact member 820, 830, 840 on a Jozsy spindle 16 inside a passage 23) (Turnbow-Faraci, Figs. 1-7, 15-17, paras. [0050-0052]; Jozsy, Figs. 3-4, col. 2 lines 14-20, 51-56); the second contact surface spaced apart from the body and connected to one or more stems that extend into the second cavities (there is a gap between each Jozsy ball 14 on a hollow piece 15 and the walls of the block 22/bottom 20 defining their passages 23, and as such the modified Turnbow-Faraci contact members 820, 830, 840 on contact portion 250 would have a gap between the Turnbow-Faraci circular head portion of first arm 110 surface facing contact portion 250 and a contact member 820, 830, 840 on a Jozsy spindle 16 inside a passage 23) (Turnbow-Faraci, Figs. 1-7, 15-17, paras. [0050-0052]; Jozsy, Figs. 3-4, col. 2 lines 14-20, 51-56); a spring mechanism inside at least one of the first cavities and the second cavities allowing the first contact surface and the second contact surface to move closer to the body in response to compression (the modified Turnbow-Faraci would have respective Jozsy springs 17 inside passages 23 for the Turnbow-Faraci contact members 820, 830, 840, where the Jozsy springs 17 can compress and thereby allow the Turnbow-Faraci contact members 820, 830, 840 to move inward towards the Turnbow-Faraci circular head portion of first arm 110) (Turnbow-Faraci, Figs. 1-7, 15-17, paras. [0050-0052]; Jozsy, Figs. 3-4, col. 2 lines 14-20, 57-60, col. 3 lines 1-17). Regrading claim 2, the modified Turnbow-Faraci teaches wherein the first surface and the second surface are on opposite ends of the body (surfaces facing contact portions 150, 250 of the circular head portion of first arm 110 are on opposite sides) (Turnbow-Faraci; Figs. 1-7; para. [0037]; para. [0039]). Regrading claim 4, the modified Turnbow-Faraci teaches wherein the second contact surface is one of an array of second contact surfaces connected to the one or more stems extending into the second cavities (one of the Turnbow-Faraci contact members 820, 830, 840 is illustrated as in an array of contact members 820, 830, 840 in Fig. 17, all of which would be coupled to the opposite surface of the circular head portion of first arm 110; the modified Turnbow-Faraci contact members 820, 830, 840 would be connected to Jozsy spindles 16 inside passages 23) (Turnbow-Faraci, Figs. 1-7, 15-17, paras. [0050-0052]; Jozsy, Figs. 3-4, col. 2 lines 14-20, 51-56). Regrading claim 5, the modified Turnbow-Faraci teaches wherein the second contact surfaces of the array have varying sizes or diameters (contact members 820, 830, 840 come in various shapes and sizes) (Turnbow-Faraci; Figs. 1-7, 15-17; paras. [0050-0052]). Regrading claim 6, the modified Turnbow-Faraci teaches wherein the first cavities and the second cavities extend in parallel directions (Jozsy passages 23 are parallel to each other, and extend perpendicularly with respect to the bottom surface 20; thus, the modified Turnbow-Faraci would have Jozsy passages 23 extending perpendicular to both Turnbow-Faraci surfaces of the circular head portion of first arm 110, and thereby all parallel to each other) (Turnbow-Faraci, Figs. 1-7, 15-17; Jozsy, Figs. 3-4). Regrading claim 8, as best understood, the modified Turnbow-Faraci teaches wherein the second contact surface is connected to a single stem extending into one of the second cavities (each ball 14 on a hollow piece 15 is connected to its own spindle 16 inside a passage 23) (Jozsy; Figs. 3-4; col. 2, lines 14-20, 51-56). Regrading claim 9, the modified Turnbow-Faraci teaches wherein the second contact surfaces in the array are arranged in a matrix configuration (one of the possible configurations of contact members 820, 830, 840 is illustrated as a matrix array in Fig. 17) (Turnbow-Faraci; Fig. 17; paras. [0050-0052]). Regrading claim 12, the modified Turnbow-Faraci does not teach wherein the first cavities have different dimensions from the second cavities. However, Turnbow-Faraci teaches the contact members 820, 830, 840 can have a variety of shapes and sizes (Turnbow-Faraci; paras. [0050-0052]). Moreover, Jozsy teaches a massaging device (Jozsy; col. 1, lines 1-6) wherein sets of cavities are sized and shaped to allow for the contact members of a corresponding size and shape to fit inside so as to only move longitudinally inside a respective cavity (guides or passageways 23 containing cylindrical springs 17 on spindles 16 to couple balls 14 with hollow pieces 15, such that the balls 14 with hollow pieces 15 only move within the guide 23 by sliding into and out of the guide 23 longitudinally) (Jozsy; Fig. 3; col. 2, lines 45-60; col. 3, lines 8-17). Thus, one of ordinary skill in the art would recognize that the combination of Turnbow-Faraci and Jozsy would teach the first cavities having different dimensions from the second cavities, as differently sized and shaped Turnbow-Faraci contact members 820, 830, 840 would need corresponding differently sized and shaped Jozsy cavities in order to limit the movement of the contact members 820, 830, 840 inside a respective cavity or Jozsy guide 23 to only sliding longitudinally. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Turnbow-Faraci device to include the first cavities having different dimensions from the second cavities, as taught by Turnbow-Faraci and Jozsy, for the purpose of ensuring the massaging contact surfaces can readily conform to body contours (Jozsy; col. 1, lines 7-10; col. 3, lines 8-17) by ensuring each cavity is appropriately sized and shaped to allow for the appropriate longitudinal movement of the different contact surfaces. Regrading claim 13, the modified Turnbow-Faraci teaches further comprising a handle coupled to a third surface of the body (the rest of the first arm 110 is coupled to the circular head portion of first arm 110 at its bottom surface) (Turnbow-Faraci; Figs. 1-7; para. [0039]). Claims 1, 7, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Teranishi (US 4,846,158) in view of Jozsy and Tseng (US 5,352,187). Regrading claim 1, as best understood, Teranishi discloses a manual therapy tool (hand type electric massage machine) (abstract) comprising: a body having a first surface and a second surface (head 2, head base 2a, and head cover 2b being the body; a first surface being spherical surface 16, and a second surface being spherical surface 17) (Figs. 1, 4-8; col. 3, lines 50-52, 61-68; col. 5, lines 34-39); a first contact surface (spherical surface 16 coupled to elastic body 16’) (Figs. 1, 4-8; col. 5, lines 34-39); a second contact surface, wherein the second contact surface has at least one of a different size, different shape, or different surface texture than the first contact surface (spherical surface 17 coupled to small projections 17’; elastic body 16’ is a different size and shape than a small projection 17’) (Figs. 1, 4-8; col. 5, lines 34-39). Teranishi does not disclose the first surface having openings to first cavities that extend into the body, and the second surface having openings to second cavities that extend into the body; the first contact surface spaced apart from the body and connected to one or more stems that extend into the first cavities; the second contact surface spaced apart from the body and connected to one or more stems that extend into the second cavities; a spring mechanism inside at least one of the first cavities and the second cavities allowing the first contact surface and the second contact surface to move closer to the body in response to compression. However, Jozsy teaches a massaging device (Jozsy; col. 1, lines 1-6) wherein the surface has openings to cavities that extend into the body (flat bottom 20 with circular openings 21/passages 23 that extend into casing 12) (Jozsy; Figs. 1-4; col. 2, lines 28-42); the contact surface spaced apart from the body and connected to one or more stems that extend into the cavities (there is a gap between each ball 14 on a hollow piece 15 and the walls of the block 22/bottom 20 defining their passages 23; each ball 14 on a hollow piece 15 is connected to a spindle 16 inside a passage 23) (Jozsy; Figs. 3-4; col. 2, lines 14-20, 51-56); a spring mechanism inside at least one of the cavities allowing the contact surface to move closer to the body in response to compression (spring 17 inside each passage 23, where the spring 17 can compress and thereby allow the ball 14 on a hollow piece 15 to move inward and thus closer to the casing 12) (Jozsy; Figs. 3-4; col. 2, lines 14-20, 57-60; col. 3, lines 1-17). Moreover, Tseng teaches a hand massager (Tseng; abstract) wherein the contact surface is connected to one or more stems that extend into the cavities (bottom shell 2 is connected to two upright posts 23 with springs 42 that extend into respective holes 131) (Tseng; Figs. 2-6; col. 2, lines 10-16, 23-33). Moreover, the MPEP 2144.04(V1)(B) recites that the mere duplication of parts, in this case the duplication of the stem extending into a cavity, has no patentable significance. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Teranishi first surface, second surface, first contact surface, and second contact surface such that the surfaces include openings to cavities that extend into the body; the contact surfaces spaced apart from the body and connected to one or more stems that extend into the cavities; a spring mechanism inside at least one of the cavities allowing the contact surfaces to move closer to the body in response to compression, as taught by Jozsy, for the purpose of ensuring the massaging contact surfaces can readily conform to body contours (Jozsy; col. 1, lines 7-10; col. 3, lines 8-17). Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Teranishi such that the contact surface is connected to one or more stems that extend into the cavities, as taught by Tseng and the MPEP, for the purpose of providing additional support to a reciprocating surface (Tseng; abstract). With this modification, the modified Teranishi would thus teach the first surface having openings to first cavities that extend into the body (the modified Teranishi spherical surface 16 would have Jozsy circular openings 21/passages 23 extending inside the Teranishi head 2) (Teranishi, Figs. 1, 4-8, col. 5 lines 34-39; Jozsy, Figs. 1-4, col. 2 lines 19-42, 51-56; Tseng, Figs. 2-6, col. 2 lines 10-16, 23-33; MPEP 2144.04(V1)(B)), and the second surface having openings to second cavities that extend into the body (the modified Teranishi spherical surface 17 would have Jozsy circular openings 21/passages 23 extending inside the Teranishi head 2) (Teranishi, Figs. 1, 4-8, col. 5 lines 34-39; Jozsy, Figs. 1-4, col. 2 lines 19-42, 51-56); the first contact surface spaced apart from the body and connected to one or more stems that extend into the first cavities (there is a gap between each Jozsy ball 14 on a hollow piece 15 and the walls of the block 22/bottom 20 defining their passages 23, and as such the modified Teranishi spherical surface 16 would have a gap between the Teranishi spherical surface 16 and the elastic body 16’ on a Jozsy spindle 16 inside a passage 23) (Teranishi, Figs. 1, 4-8, col. 5 lines 34-39; Jozsy, Figs. 3-4, col. 2 lines 14-20, 51-56; Tseng, Figs. 2-6, col. 2 lines 10-16, 23-33; MPEP 2144.04(V1)(B)); the second contact surface spaced apart from the body and connected to one or more stems that extend into the second cavities (there is a gap between each Jozsy ball 14 on a hollow piece 15 and the walls of the block 22/bottom 20 defining their passages 23, and as such the modified Teranishi spherical surface 17 would have a gap between the Teranishi spherical surface 17 and a small projections 17’ on a Jozsy spindle 16 inside a passage 23) (Teranishi, Figs. 1, 4-8, col. 5 lines 34-39; Jozsy, Figs. 3-4, col. 2 lines 14-20, 51-56); a spring mechanism inside at least one of the first cavities and the second cavities allowing the first contact surface and the second contact surface to move closer to the body in response to compression (the modified Teranishi would have respective Jozsy springs 17 inside passages 23 for the Teranishi elastic body 16’ and small projections 17’, where the Jozsy springs 17 can compress and thereby allow the Teranishi elastic body 16’ and small projections 17’ to move inward towards the Teranishi head 2) (Teranishi, Figs. 1, 4-8, col. 5 lines 34-39; Jozsy, Figs. 3-4, col. 2 lines 14-20, 57-60, col. 3 lines 1-17). Regrading claim 7, as best understood, the modified Teranishi teaches wherein the first contact surface is connected to a plurality of stems, each of the plurality of stems extending into a unique one of the first cavities in the body (the modified Teranishi spherical surface 16 would be connected to two Jozsy spindles 16, as previously taught by Tseng and the MPEP; as in Tseng, where each upright post 23 extends into a respective hole 131, the modified Teranishi would have each Jozsy spindle 16 in its own passage 23 in the Teranishi head 2) (Teranishi, Figs. 1, 4-8, col. 5 lines 34-39; Jozsy, Figs. 1-4, col. 2 lines 19-42, 51-56; Tseng, Figs. 2-6, col. 2 lines 10-16, 23-33; MPEP 2144.04(V1)(B)). Regrading claim 13, the modified Teranishi teaches further comprising a handle coupled to a third surface of the body (case 1 coupled to a bottom surface of head base 2a/head cover 2b via a coupling spring 4) (Teranishi; Figs. 1, 4-6; col. 3, lines 50-53, 57-68). Regrading claim 14, the modified Teranishi teaches wherein the handle is attached to the body by a spring mechanism (case 1 coupled to head 2, head base 2a, and head cover 2b via the coupling spring 4) (Teranishi; Figs. 1, 4-6; col. 3, lines 50-53, 57-68). Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Turnbow-Faraci in view of Jozsy as applied to claim 9 above, and further in view of Lozano (US 8,966,710 B1). Regrading claim 10, the modified Teranishi teaches the invention as previously claimed, but does not teach wherein the second contact surfaces are arranged in a 3x3 matrix configuration. However, Turnbow-Faraci teaches the contact members 820, 830, 840 can have a variety of configurations (Turnbow-Faraci; para. [0050]; para. [0053]). Moreover, Lozano teaches a skin cleaning assembly with a massage disk (Lozano; abstract) wherein the second contact surfaces are arranged in a 3x3 matrix configuration (massagers 59 are in a 3x3 matrix configuration) (Lozano; Figs. 2, 4, 6; col. 2, lines 59-62). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Turnbow-Faraci second contact surfaces to be arranged in a 3x3 matrix configuration, as taught by Lozano, for the purpose of providing the device with a specific configuration of second contact surfaces suitable for massaging a user, which one of ordinary skill in the art could feasibly expect to perform similarly well. Response to Arguments Applicant's arguments filed 7/22/2025 have been fully considered but they are not persuasive. On page 5 in the “Claim Objections” section of the Applicant’s remarks, the Applicant argues that the claims have been amended to overcome the claim objection of the previous office action. The Examiner agrees, and has thus withdrawn that claim objection. On page 5 in the “Claim Rejections under 35 U.S.C. 112” section of the Applicant’s remarks, the Applicant argues that the claims have been amended to overcome the 35 U.S.C. 112(b) rejections of the previous office action. The Examiner agrees, and has thus withdrawn those rejections. However, the newly amended claims have raised new 35 U.S.C. 112(b) rejections as detailed above, and thus the claims remain rejected under 35 U.S.C. 112(b). On pages 5-7 in the “Claim Rejections under 35 U.S.C. 102” section of the Applicant’s remarks, the Applicant argues that the claims have been amended to overcome the 35 U.S.C. 102 rejections of the previous office action. The Examiner agrees, and has thus withdrawn those rejections. However, the newly amended claims can still be rejected under 35 U.S.C. 103 as detailed above. On page 7 in the last paragraph to page 8 in the first paragraph of the Applicant’s remarks, the Applicant argues that Jozsy does not teach the newly added claim limitation of the contact surface being spaced apart from the body because their balls 14 are partly inside the body. However, the Examiner respectfully disagrees. Even though the Jozsy balls 14 are partly inside of the casing 12, Jozsy still teaches this newly added claim limitation, as there is a gap between each Jozsy ball 14 on a hollow piece 15 and the walls of the block 22/bottom 20 defining the passages 23 (Jozsy; Figs. 3-4). Thus, the Jozsy reference can still be used to teach the Applicant’s invention as currently claimed. On page 8 in the fourth and seventh paragraphs of the Applicant’s remarks, the Applicant argues that the teaching references of Tseng and Lozano do not teach the newly added claim limitation of the contact surface being spaced apart from the body, and thus the newly amended claims are allowable. However, the Examiner respectfully disagrees. The Examiner does not use the Tseng or Lozano references to teach this newly added claim limitation, and thus this argument is moot. Rather, the Examiner uses the Jozsy reference to teach this newly added claim limitation, as detailed above. Thus, the current prior art of record can still be used to teach the Applicant’s invention as currently claimed. 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 JACQUELINE M PINDERSKI whose telephone number is (571)272-7032. The examiner can normally be reached Monday-Friday 7:00-4:00. 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, Justine Yu can be reached at 571-272-4835. 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. /JACQUELINE M PINDERSKI/Examiner, Art Unit 3785 /RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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Prosecution Timeline

Dec 08, 2021
Application Filed
Apr 15, 2025
Non-Final Rejection — §103, §112
Jul 22, 2025
Response Filed
Oct 16, 2025
Final Rejection — §103, §112
Mar 19, 2026
Request for Continued Examination
Apr 13, 2026
Response after Non-Final Action

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Prosecution Projections

3-4
Expected OA Rounds
27%
Grant Probability
69%
With Interview (+42.4%)
3y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 218 resolved cases by this examiner