Prosecution Insights
Last updated: April 17, 2026
Application No. 17/678,252

PORTABLE NEBULIZER

Final Rejection §103
Filed
Feb 23, 2022
Examiner
CALLISON, KEIRA EILEEN
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Aepromed Innovation Co. Ltd.
OA Round
2 (Final)
14%
Grant Probability
At Risk
3-4
OA Rounds
3y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants only 14% of cases
14%
Career Allow Rate
2 granted / 14 resolved
-55.7% vs TC avg
Strong +92% interview lift
Without
With
+92.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
39 currently pending
Career history
53
Total Applications
across all art units

Statute-Specific Performance

§101
7.4%
-32.6% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
21.0%
-19.0% vs TC avg
§112
19.5%
-20.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 14 resolved cases

Office Action

§103
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 This office action is responsive to the amendment filed on 06/04/2025. As directed by the amendment: claims 1 and 9-10 have been amended, claims 7 and 8 have been canceled, and no new claims have been added. Thus, claims 1-6 and 9-12 are presenting pending in the application. 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 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (TW M544940 U), in view of Fang (TW M465206 U) and Luttrell (WO 2016161036 A1). Regarding claim 1, Peng discloses a portable nebulizer (FIG. 1 Sprayer 10) comprising: a driving unit (FIG. 1 Body 1) having a body (FIG. 1 Power supply body 13), a first joint part (FIG. 1 Curved Ribs 12 and first block 121) located on one side of the body, and a first electrical connection part (FIG. 1 Electrodes 132) located on one side of the body and separated from the first joint part; a containing unit (FIG. 1 Medicine cup 2) having a hollow main body (FIG. 6 Liquid medicine chamber 25 and receiving chamber 26), a second joint part (FIG. 1 Curved grooves 21 and second blocks 22) capable of combining with or separating from the first joint part and located on one side of the main body (FIG. 1 Curved ribs 12 can be inserted and slid into the curved grooves 21 so that medicine cup 2 can be rotated relative to the mounting surface 11 and can be detachably connected to the mounting surface 11 as set forth in [15] of the machine translation with labeled paragraph numbers), a second electrical connection part (FIG. 1 Conductive sheets 27) capable of connecting with or separating from the first electrical connection part and located on one side of the main body and separated from second joint part, a passage (FIG. 1 Base of spray port 24 as shown in the annotated figure below) respectively provided in the main body and respectively communicating with an inner space (FIG. 6 Liquid medicine chamber 25) of the main body and the outside of the containing unit (FIG. 3 Outside sprayer 10 as shown in the annotated figure below), and a chamber wall (FIG. 6 Bottom wall of the liquid medicine chamber 25 as shown in the annotated figure below) of the inner space of the main body; PNG media_image1.png 735 470 media_image1.png Greyscale PNG media_image2.png 592 518 media_image2.png Greyscale an atomizing unit (Atomizing element set forth in [19] of the machine translation with labeled paragraph numbers) disposed in the main body and lying across the passage (Atomizing element communicates with the liquid medicine chamber 25 and the spray port 24 respectively as set forth in [19] of the machine translation with labeled paragraph numbers) and driven by the driving unit (FIG. 1 Electrode 132 is electrically connected to the conductive sheet 27, and the power supply body 13 can supply power to the atomizing element) for atomizing a liquid in the passage (FIG. 26 Atomizing element atomizes the liquid medicine in the liquid medicine chamber 25 to the spray port 24 as set forth in [21] of the machine translation with labeled paragraph numbers) flowed from an inlet direction of the passage communicating with the inner space of the main body, and an atomized mist being capable of escaping to the outside of the main body (Misty particles are ejected from the spray port 24 as set forth in [21] of the machine translation with labeled paragraph numbers) in an outlet direction of the passage; and a guide unit (FIG. 1 and 3 Spray port 24) detachably combined on the main body (The screws as shown in the annotated figure below depicted in the figures of the portable nebulizer, sprayer 10, reasonably indicate that the guide unit can be detached by unscrewing the screws) to collect and guide the mist escaping from the main body (Misty particles are ejected from the spray port 24 as set forth in [21] of the machine translation with labeled paragraph numbers); the guide unit has a pair of third connecting parts (As shown in the annotated figure below) and a fourth connecting part (As shown in the annotated figure below), and an extension tube with a tube axial end fixedly disposed on the fourth connecting part (As shown in the annotated figure below), and a tube opening of one end of the extension tube is not blocked by the fourth connecting part, thereby the fourth connecting part is connected on the main body through combination between the fourth connecting part and the third connecting parts (The extension tube is connected to the fourth connecting part, without being block, which is then detachably connected the third connecting part fixed on the main body of the device as shown in the annotated figure 3 below), and the tube opening of one end of the extension tube is coaxial with an outlet end of the passage, so that the mist is capable of being collected in the extension tube (Misty particles are ejected from the spray port 24 as set forth in [21] of the machine translation with labeled paragraph numbers). PNG media_image3.png 785 543 media_image3.png Greyscale PNG media_image4.png 735 535 media_image4.png Greyscale Peng fails to explicitly disclose that the guide unit’s third connecting parts are parallel concave strips located on opposing sides of the main body and that the fourth connecting part is has two arcuate ends selectively embedded into each of the third connecting parts and being capable of combining with or separating from the third connecting parts. However, Luttrell teaches connecting parts (Luttrell: FIG. 7 Grooves 124 that are molded into the airway tube 120 at both sides thereof set forth in [0104]) that are parallel concave strips located on opposing sides of the main body (Luttrell: FIG. 7 Airway tube 120 as shown in the annotated figure below) and that a corresponding connecting part (Luttrell: FIG. 6 Clamp 122 set forth in [0104]) in the shape of an arcuate sheet (Luttrell: The arcuate sheet formed by the portion of the clamp 122 area curving around the airway tube 120) that has two arcuate ends selectively embedded into each of the connecting parts (Shown in the annotated figure below) and being capable of combining with or separating from the connecting parts (Luttrell: Detachable as set forth in [0104]-[0106]). PNG media_image5.png 632 500 media_image5.png Greyscale PNG media_image6.png 621 462 media_image6.png Greyscale Peng and Luttrell are both considered to be analogous to the claimed invention because they are in the same field of attachment mechanisms used in medical devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have exchanged the attachment method of Peng (i.e., Screws) for affixing something to a body of a device via connection parts, to the attachment method of Luttrell. Specifically wherein, the guide unit (Spray port 24) attaches to the body of the device via an arcuate sheet and connection parts affixed to the sheet and the body of the device itself, specifically where the third connecting parts (Luttrell: FIG. 7 Grooves 124 that are molded into the airway tube 120 at both sides thereof set forth in [0104]) are parallel concave strips located on opposing sides of the main body (Luttrell: FIG. 7 Airway tube 120 as shown in the annotated figure below) and that the fourth connecting part (Luttrell: FIG. 6 Clamp 122 set forth in [0104]) in the shape of an arcuate sheet (Luttrell: The arcuate sheet formed by the portion of the clamp 122 area curving around the airway tube 120) has two arcuate ends selectively embedded into each of the third connecting parts (Shown in the annotated figure below) and being capable of combining with or separating from the third connecting parts (Luttrell: Detachable as set forth in [0104]-[0106]). Doing so would employ a secure attachment mechanism, well-known to someone of ordinary skill in the art, for the device as a result of the engagement between the third and fourth connecting parts while maintaining the removable aspect of the element of the device (Luttrell: [0011]). Additionally, exchanging one form of releasable attachment with another form of a releasable attachment for the means of affixing an element to the body of a device is well within the skill of the art. Peng fails to explicitly disclose an opening and a breaking part disposed on the main body and formed with a protruding breaking end on a chamber wall thereby when a capsule or a container made of a disposable material containing the liquid being inserted into the inner space of the main body through the opening, the container being pierced through and formed with a hole by the breaking end with application of an external force, the liquid being capable of flowing out from the hole into the inner space of the main body, and then escaping externally after being atomized by the atomizing unit. However, Fang teaches an opening (Fang: FIG. 1 The opening is the top portion of ring 12 and screw sleeve 121 which is the space in which the disposable container 2 can be inserted into the atomizing device 1 and covered by the cover 14 as shown in the annotated figure below) and a breaking part (Fang: FIG. 1 Puncture column 124) disposed on the main body and formed with a protruding breaking end (Fang: FIG. 1 End of Puncture column 124) on a chamber wall (Fang: FIG. 1 Part of ring 12) thereby when a capsule (Fang: FIG. 1 Disposable container 2) or a container made of a disposable material containing the liquid being inserted into the inner space of the main body through the opening, the container being pierced through and formed with a hole by the breaking end with application of an external force (Fang: FIG. 1 Screwing the container 2 into sleeve 121), the liquid being capable of flowing out from the hole into the inner space of the main body (Fang: FIG. 1 Liquid storage space 122 and as set forth in Mode-For-Invention paragraphs [2] and [4]), and then escaping externally after being atomized by the atomizing unit (Fang: FIG. 1 Atomization module 13 is connected to storage space 122). PNG media_image7.png 650 545 media_image7.png Greyscale Peng and Fang are both considered to be analogous to the claimed invention because they are in the same field of atomizing devices used for medical applications. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Peng to incorporate the teaching of Fang and include an opening (Fang: FIG. 1 The opening is the top portion of ring 12 and screw sleeve 121 which is the space in which the disposable container 2 can be inserted into the atomizing device 1 and covered by the cover 14) and a breaking part (Fang: FIG. 1 Puncture column 124) disposed on the main body and formed with a protruding breaking end (Fang: FIG. 1 End of Puncture column 124) on a chamber wall (Fang: FIG. 1 Part of ring 12) thereby when a capsule (Fang: FIG. 1 Disposable container 2) or a container made of a disposable material containing the liquid being inserted into the inner space of the main body through the opening, the container being pierced through and formed with a hole by the breaking end with application of an external force (Fang: FIG. 1 Screwing the container 2 into sleeve 121), the liquid being capable of flowing out from the hole into the inner space of the main body (Fang: FIG. 1 Liquid storage space 122), and then escaping externally after being atomized by the atomizing unit (Fang: FIG. 1 Atomization module 13 is connected to storage space 122). Doing so would ensure that the medicine being installed and used does not cause the liquid to be atomized to be contaminated by the outside (Fang: Disclosure paragraph [1]). Additionally, the extrusion makes the liquid to be atomized easily flow out, thereby achieving convenience (Fang: Disclosure paragraph [1] and [3]). Regarding claim 2, Peng as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Peng further discloses a portable nebulizer, wherein the body (FIG. 1 Power supply body 13) is in the shape of a column (As shown in the annotated figure below), and the first joint part (FIG. 1 Curved Ribs 12 and first block 121) and the first electrical connection part (FIG. 1 Electrodes 132) are located on one end of a column shaft of the body (FIG. 1 Mounting surface 11 as shown in the annotated figure below). PNG media_image8.png 823 540 media_image8.png Greyscale Regarding claim 11, Peng as modified by Fang discloses the claimed invention substantially as claimed as set forth for claim 1 above. Peng as modified further teaches the portable nebulizer, wherein the breaking part is in the shape of a needle, a column, a sheet or a rib (Fang: FIG. 1 Puncture column 124). Claims 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (TW M544940 U), in view of Fang (TW M465206 U) and Luttrell (WO 2016161036 A1) as applied to claims 1 and 2, in further view of Cohen (US 20110036346 A1). Regarding claim 3, Peng as modified by Fang discloses the claimed invention substantially as claimed as set forth for claim 1 above. Peng fails to explicitly disclose the portable nebulizer as claimed, wherein the first joint part and the second joint part are respectively an annular groove and an annular flange with concavo-convex shapes complementary to each other. However, Cohen teaches wherein the first joint part and the second joint part are respectively an annular groove (Cohen: FIG. 5 Annular groove 84) and an annular flange (Cohen: FIG. 3 Second connector 72) with concavo-convex shapes complementary to each other (Cohen: As shown in the annotated figure below). PNG media_image9.png 761 451 media_image9.png Greyscale Peng and Cohen are both considered to be analogous to the claimed invention because they are in the same field of inhalation devices. The joint system of Peng is a partially annular groove and flange system, unlike Cohen which is fully annular. Annular joint systems are well known in the art. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Peng to incorporate the teaching of Cohen and include wherein the first joint part and the second joint part are respectively an annular groove (Cohen: FIG. 5 Annular groove 84) and an annular flange (Cohen: FIG. 3 Second connector 72) with concavo-convex shapes complementary to each other (Cohen: As shown in the annotated figure below). Doing so would provide the same function of holding two structural elements in place. Regarding claim 4, Peng as modified by Fang discloses the claimed invention substantially as claimed as set forth for claim 2 above. Peng fails to explicitly disclose the portable nebulizer as claimed, wherein the first joint part and the second joint part are respectively an annular groove and an annular flange with concavo-convex shapes complementary to each other. However, Cohen teaches wherein the first joint part and the second joint part are respectively an annular groove (Cohen: FIG. 5 Annular groove 84) and an annular flange (Cohen: FIG. 3 Second connector 72) with concavo-convex shapes complementary to each other (Cohen: As shown in the annotated figure below). PNG media_image9.png 761 451 media_image9.png Greyscale Peng and Cohen are both considered to be analogous to the claimed invention because they are in the same field of inhalation devices. The joint system of Peng is a partially annular groove and flange system, unlike Cohen which is fully annular. Annular joint systems are well known in the art. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Peng to incorporate the teaching of Cohen and include wherein the first joint part and the second joint part are respectively an annular groove (Cohen: FIG. 5 Annular groove 84) and an annular flange (Cohen: FIG. 3 Second connector 72) with concavo-convex shapes complementary to each other (Cohen: As shown in the annotated figure below). Doing so would provide the same function of holding two structural elements in place. Regarding claim 5, Peng as modified discloses the claimed invention substantially as claimed as set forth for claim 3 above. Peng further discloses a portable nebulizer as claimed, wherein the first electrical connection part (FIG. 1 Electrodes 132) and the second electrical connection part (FIG. 1 Conductive sheets 27) respectively have a plurality of electrical contact points capable of abutting against one another (FIG. 1 Two Electrodes 132 connect to the two conductive sheets 27). Regarding claim 6, Peng as modified discloses the claimed invention substantially as claimed as set forth for claim 4 above. The portable nebulizer as claimed in claim 4, wherein the first electrical connection part (FIG. 1 Electrodes 132) and the second electrical connection part (FIG. 1 Conductive sheets 27) respectively have a plurality of electrical contact points capable of abutting against one another (FIG. 1 Two Electrodes 132 connect to the two conductive sheets 27). Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (TW M544940 U) in view of Fang (TW M465206 U) and Luttrell (WO 2016161036 A1) as applied to claim 1, in further view of Oh (KR 20200100279 A). Regarding claim 9, Peng as modified by Fang discloses the claimed invention substantially as claimed as set forth for claim 1 above. Modified Peng fails to explicitly disclose the portable nebulizer, wherein the guide unit further comprises a breathing mask detachably connected in series on another tube axial end of the extension tube. However, Oh teaches a breathing mask (Oh: FIG. 1 Mask 20) detachably connected (Oh: Selectively mounted as set forth in [0025] of the machine translation with labeled paragraph numbers) in series on another tube axial end of the extension tube (Oh: FIG. 1 Spray nozzle 11). Peng and Oh are both considered to be analogous to the claimed invention because they are in the same field of Nebulizers. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Peng to incorporate the teaching of Oh and include a breathing mask (Oh: FIG. 1 Mask 20) detachably connected (Oh: Selectively mounted as set forth in [0025] of the machine translation with labeled paragraph numbers) in series on another tube axial end of the extension tube (Oh: FIG. 1 Spray nozzle 11). Doing so would allow the device to be more easily used (As set forth in [0037] of the machine translation with labeled paragraph numbers). Regarding claim 10, Peng as modified by Fang discloses the claimed invention substantially as claimed as set forth for claim 1 above. Modified Peng fails to explicitly disclose a portable nebulizer, wherein the guide unit further comprises a breathing nozzle detachably connected in series on another tube axial end of the extension tube. However, Oh teaches a breathing nozzle (Oh: FIG. 1 Mouthpiece as set forth in [0033] of the machine translation with labeled paragraph numbers) detachably Oh: Selectively mounted as set forth in [0025] of the machine translation with labeled paragraph numbers) connected in series on another tube axial end of the extension tube (Oh: FIG. 1 Spray nozzle 11). Peng and Oh are both considered to be analogous to the claimed invention because they are in the same field of Nebulizers. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Peng to incorporate the teaching of Oh and include a breathing nozzle (Oh: FIG. 1 Mouthpiece as set forth in [0033] of the machine translation with labeled paragraph numbers) detachably connected (Oh: Selectively mounted as set forth in [0025] of the machine translation with labeled paragraph numbers) in series on another tube axial end of the extension tube (Oh: FIG. 1 Spray nozzle 11). Doing so would allow the device to be more easily used (As set forth in [0037] of the machine translation with labeled paragraph numbers). Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Peng (TW M544940 U), in view of Fang (TW M465206 U) and Luttrell (WO 2016161036 A1) as applied to claim 1, in further view of Philips (US 20180084828 A1). Regarding claim 12, Peng as modified discloses the claimed invention substantially as claimed as set forth for claim 1 above. Peng does not explicitly disclose a portable nebulizer, wherein the containing unit further comprises an insert groove extending from a peripheral wall surface of a middle section of the passage toward an interior of the main body to reach a predetermined depth for accommodating the atomizing unit. However, Philips teaches a portable nebulizer (Philips: FIG. 2 Aerosol delivery device 10), wherein the containing unit (Philips: FIG. 2 Housing 100) further comprises an insert groove (Philips: FIG. 2 Reservoir 200) extending from a peripheral wall surface of a middle section of the passage (Philips: FIG. 2 Mouthpiece 400) toward an interior (Philips: Interior of Housing 100 as shown in the annotated figure below) of the main body to reach a predetermined depth (Philips: FIG. 2 Closed end 204) for accommodating the atomizing unit (Philips: FIG. 2 Vaporizing unit 300). PNG media_image10.png 792 365 media_image10.png Greyscale Peng and Philips are both considered to be analogous to the claimed invention because they are in the same field of Aerosol delivery devices. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Peng to incorporate the teaching of Philips and include a portable nebulizer (Philips: FIG. 2 Aerosol delivery device 10), wherein the containing unit (Philips: FIG. 2 Housing 100) further comprises an insert groove (Philips: FIG. 2 Reservoir 200) extending from a peripheral wall surface of a middle section of the passage (Philips: FIG. 2 Mouthpiece 400) toward an interior (Philips: Interior of Housing 100 as shown in the annotated figure below) of the main body to reach a predetermined depth (Philips: FIG. 2 Closed end 204) for accommodating the atomizing unit (Philips: FIG. 2 Vaporizing unit 300). Doing so would prevent the disposal of the device given the atomizer fails. It can simply be replaced, improving user experience (Philips: As set forth in [0045]). Response to Arguments Applicant's arguments filed 06/04/2025 have been fully considered but they are not persuasive. Applicant argues with respect to claim 1, that no reference or combination of references teaches “the guide unit 50 has a pair of third connecting parts 51 being parallel concave strips disposed on two sides of the main body 31 and parallel to the hole axis of the passage 34; a fourth connecting part 52 in the shape of an arcuate sheet with two arcuate ends embedded into each of the third connecting parts 51 respectively and with a concave surface attached on the main body 31...” Examiner disagrees in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies “the guide unit 50 has a pair of third connecting parts 51 being parallel concave strips disposed on two sides of the main body 31 and parallel to the hole axis of the passage 34; a fourth connecting part 52 in the shape of an arcuate sheet with two arcuate ends embedded into each of the third connecting parts 51 respectively and with a concave surface attached on the main body 31...” are not recited in the rejected claim. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Additionally, new grounds of rejection are made above to address the amendments to the claims that add in the mentioned features. Specifically, Luttrell is used to teach the attachment mechanism added in the amended claims. Applicant argues with respect to all of the claims, that the prior art patents are arbitrarily picked and combined to create a hypothetical combination, and that the examiner has failed to provide an “articulated reasoning with some rational underpinning to support the legal conclusion of obviousness” for combining selected elements of Peng with selected elements of Fang, Cohen, Oh, and/or Philips. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, with respect to the rejections made in the non-final filed on 03/05/2025, the teaching of Fang is used with respect to claims 1 and 11, where the motivation to do so is provided on page 6 paragraph 1. The teaching of Cohen is used with respect to claims 3 and 4, where the motivation to do so is provided on page 11 paragraph 1 and page 12 paragraph 1. The teaching of Oh is used with respect to claims 9 and 10, where the motivation to do so is provided on page 13 paragraph 7 – page 14 paragraph 1, and page 14 paragraph 5. The teaching of Philips is used with respect to claim 12, where the motivation to do so is provided on page 16 paragraph 1. New grounds of rejection are made above to address the amendments to the claims, where the teaching of Luttrell is used and motivation is provided in this office action on page 7. 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 KEIRA EILEEN CALLISON whose telephone number is (571)272-0745. The examiner can normally be reached Monday-Friday 7:30-4:30. 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, Kendra Carter can be reached at (571) 272-9034. 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. /KEIRA EILEEN CALLISON/Examiner, Art Unit 3785 /KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785
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Prosecution Timeline

Feb 23, 2022
Application Filed
Mar 05, 2025
Non-Final Rejection — §103
Jun 04, 2025
Response Filed
Aug 07, 2025
Final Rejection — §103
Apr 03, 2026
Response after Non-Final Action

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12575994
LOWER LIMB EXOSKELETON
2y 5m to grant Granted Mar 17, 2026
Study what changed to get past this examiner. Based on 1 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
14%
Grant Probability
99%
With Interview (+92.3%)
3y 10m
Median Time to Grant
Moderate
PTA Risk
Based on 14 resolved cases by this examiner. Grant probability derived from career allow rate.

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