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 .
Status of the Claims
Claims 1, 4-5, 7-11, 13-21, and 24 are pending and are subject to this Office Action. Claim 2-3, 6, 12, and 22-23 are cancelled. Claims 13-21 are withdrawn.
Response to Arguments
Applicant's arguments, see pgs 2-6, filed November 13, 2025, with respect to the rejection(s) of claims 1, 3-5, 7-11, and 22-24 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 3-5, Applicant argues that the data in the attached Declaration shows that there is no motivation to arrive at the claimed invention, including tobacco particles and/or the inhalable agent having a first fraction with sizes ranging from 50 µm to 100 µm and a second fraction with sizes ranging from 400 µm to 600 µm, with a reasonable expectation of success. Examiner acknowledges that Franke does not explicitly disclose the claimed limitation, and does not suggest that the claimed first and second fraction sizes have any impact on the consistency, taste intensity, tobacco taste, or sweetness of the aerosol releasing substrate. However, Examiner does not find the arguments persuasive because Franke states that in some embodiments, at least about 90% of the tobacco particles of the precursor composition will have a particle size within the range of about 0.1 to about 3 mm, or of about 0.1 to about 1 mm, or of about 0.1 to about 0.5 mm (Franke, [0062]). As the claim language states that “the tobacco particles and/or the inhalable agent comprises a first fraction with sizes ranging from 50 µm to 100 µm and a second fraction with sizes ranging from 400 µm to 600µm”, the embodiment of Franke wherein at least about 90% of the particles have a particle size within the range of about 0.1 to about 0.5 mm (about 100 µm to about 500 µm) would necessarily yield a first fraction with sizes overlapping the claimed range from 50 µm to 100 µm and a second fraction with sizes overlapping the claimed range from 400 µm to 600 µm. Furthermore, as stated on the final rejection, the precise particle sizes of the tobacco particles would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the porosity and density of the agglomerated structures and tobacco constituent releasing components are variables which can be modified by the particle size of the tobacco particles (Franke, [0060]). Further, the size of the tobacco particles is a factor that may be adjusted in order to influence the release of tobacco constituents (Franke, [0060]).
Additionally, Examiner does not find the results shown in the Declaration persuasive because only four participants are relied upon to support the conclusion of unexpected results. Subjective factors like sweetness, taste intensity, or tobacco taste can change based on the identities of the participants; and therefore, a relatively small sample size of four does not sufficiently support the arguments. Furthermore, it is unclear how the ratio of the first fraction to the second fraction impacts the sweetness, taste intensity, or tobacco taste of the aerosol releasing substrate. For example, would a substrate having a first-to-second fraction ratio of 1:99 yield the same properties as a substrate having a first-to-second fraction ratio of 1:1? As such, the examples in the Declaration are not commensurate in scope with what is being claimed; and thus, are not persuasive.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4-5, 7, 11, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Franke (US 2020/0163377 A1) in view of Renaud (US 2012/0006343 A1).
Regarding Claim 1, Franke, directed to aerosol releasing substrates ([0001], The tobacco constituent releasing components are configured for inclusion in an aerosol provision device, such as an apparatus for heating smokeable material to volatilise at least one component of the smokeable material to release an aerosol), teaches an aerosol releasing substrate for use in a heat-not-burn device ([0001]-[0002], [0004], The tobacco constituent releasing components are configured for inclusion in an aerosol provision device, such as an apparatus for heating-not-burning smokeable material to volatilise at least one component of the smokeable material to release an aerosol),
the aerosol releasing substrate being air permeable ([0126], Air is configured to flow through the tobacco constituent releasing components, and therefore, the components are air permeable) and comprising:
tobacco particles and/or an inhalable agent, which contains at least one of a stimulant and/or a
flavor ([0004], The tobacco constituent releasing components comprise tobacco particles. Tobacco contains nicotine, which is a stimulant (see instant specification, pg 11, ln 2)),
a gelling agent for gelling the aerosol releasing substrate ([0004], [0011], The tobacco constituent releasing components may comprise a gelling agent for gelling the component, such as gelatin), and
a degradation preventing and/or thickening stabilizer ([0004], [0011], The tobacco constituent releasing components may comprise carboxymethylcellulose. Carboxymethylcellulose is a degradation preventing and/or thickening stabilizer (see instant specification, pg 6, 16-20)),
wherein the aerosol releasing substrate contains 30-70% humectant ([0004], [0010], [0097]-[0098], The tobacco constituent releasing components comprise an aerosol forming agent, which may be glycerol and/or propylene glycol. The component contains 1-40% aerosol forming agent by weight. Glycerin (glycerol) and propylene glycol are humectants (see instant specification, pg 5, ln 7)),
wherein the aerosol releasing substrate has a granular texture ([0004], [0015], The tobacco constituent releasing components may be provided in the form of granules. Because the component disclosed by Franke has the composition as claimed and may be provided in a granular form, the substrate would necessarily have a granular texture as claimed),
wherein the aerosol releasing substrate has particle sizes greater than 0.3 mm and smaller than 10 mm ([0077], the particulate tobacco constituent releasing components have an average size (as measured by sieving) of from about 0.5 mm to about 4 mm),
wherein the humectant comprises propylene glycol and glycerol, and a ratio of the propylene glycol and glycerol is between 80:20 and 20:80 ([0152], A combination of aerosol forming agents may be used, in equal or differing proportions. In some embodiments, glycerol and propylene glycol are particularly preferred. If glycerol and propylene glycol are provided in equal amounts, then the ratio of the propylene glycol and glycerol is 50:50), and
wherein a maximum amount of the propylene glycol is 40% by weight of the aerosol releasing substrate ([0004], [0010], [0097]-[0098], The tobacco constituent releasing components comprise an aerosol forming agent, which may be glycerol and/or propylene glycol. The component contains 1-40% aerosol forming agent by weight. If the humectant comprises both glycerol and propylene glycol, the maximum amount of propylene glycol must necessarily be 40%),
but does not teach the aerosol releasing substrate i) wherein the tobacco particles and/or the inhalable agent comprises a first fraction with sizes ranging from 50 µm to 100 µm and a second fraction with sizes ranging from 400 µm to 600µm, and ii), wherein, a weight of the tobacco and/or inhalable agent is more than 40 wt.-% of a weight of the aerosol releasing substrate and smaller than 70-wt% of the weight of the aerosol releasing substrate.
With respect to i), the precise particle sizes of the tobacco particles would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the porosity and density of the agglomerated structures and tobacco constituent releasing components are variables which can be modified by the particle size of the tobacco particles (Franke, [0060]). Further, the size of the tobacco particles is a factor that may be adjusted in order to influence the release of tobacco constituents (Franke, [0060]). As such, without showing unexpected results, the claimed tobacco particle sizes cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the tobacco particle sizes by routine experimentation to obtain the desired porosity, density, and release of tobacco constituents, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
With respect to ii), Renaud, directed to aerosol releasing substrates ([0002]), teaches an aerosol releasing substrate for use in a heat-not-burn device ([0022] According to the invention, there is provided an aerosol-generating substrate for a smoking article comprising a plurality of strands of homogenized tobacco material. [0010]-[0012], [0097]-[0100], Figs. 1-3; Fig. 1 shows a schematic cross-section of apparatus (device) for heating aerosol-generating substrates by convective heat transfer. The apparatus (device) comprises a nickel-chromium heating filament 16 configured to heat but not burn plug 14, the plug 14 comprising the aerosol-generating substrate comprising a plurality of strands of homogenized tobacco material. Figs. 2-3 show the aerosol generating substrate comprising a plurality of strands of homogenized tobacco material),
the aerosol releasing substrate being air permeable ([0010]-[0012], [0022], [0097]-[0100], Figs. 1-3; In Fig. 1, air is configured to enter the apparatus (device) through the opening at the left end of the device (as shown in Fig. 1), pass through the plug 14 of aerosol-generating substrate, and exit the apparatus (device) through the opening at the right end of the device (as shown in Fig. 1). Therefore, the plug 14 of aerosol-generating substrate must be air permeable. Figs. 2-3 show the aerosol generating substrate comprising a plurality of strands of homogenized tobacco material, wherein air gaps exist between the individual strands) and comprising:
tobacco particles and/or an inhalable agent, which contains at least one of a stimulant and/or a flavor ([0020], [0022], [0065], The strands of homogenized tobacco material (aerosol-generating substrate) may comprise particulate tobacco. Tobacco contains nicotine, which is a stimulant (see instant specification, pg 11, ln 2)),
a gelling agent for gelling the aerosol releasing substrate ([0022], [0072], The strands of homogenized tobacco material (aerosol-generating substrate) may comprise one or more extrinsic binders. Suitable extrinsic binders for inclusion in strands of homogenized tobacco material include… carboxymethyl cellulose; agar; and combinations thereof. Agar is a gelling agent (see instant specification, pg 6, ln 22-23)), and
a degradation preventing and/or thickening stabilizer ([0022], [0072], The strands of homogenized tobacco material (aerosol-generating substrate) may comprise one or more extrinsic binders. Suitable extrinsic binders for inclusion in strands of homogenized tobacco material include… carboxymethyl cellulose; agar; and combinations thereof. Carboxymethylcellulose is a degradation preventing and/or thickening stabilizer (see instant specification, pg 6, 16-20)),
wherein the aerosol releasing substrate contains a humectant ([0022], [0056]-[0058], The strands of homogenized tobacco material (aerosol-generating substrate) may comprise one or more aerosol formers. Suitable aerosol formers include propylene glycol and glycerin. Glycerin (glycerol) and propylene glycol are humectants (see instant specification, pg 5, ln 7)),
wherein the humectant comprises propylene glycol and glycerol ([0022], [0056]-[0058], The strands of homogenized tobacco material (aerosol-generating substrate) may comprise one or more aerosol formers. Suitable aerosol formers include propylene glycol and glycerin (glycerol)),
wherein, a weight of the tobacco and/or inhalable agent is more than 40 wt.-% of a weight of the aerosol releasing substrate and smaller than 70-wt% of the weight of the aerosol releasing substrate ([0022], [0064], The strands of homogenized tobacco material (aerosol-generating substrate) have a tobacco content of between about 40% and about 85% by weight).
It would been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide aerosol releasing substrate wherein, a weight of the tobacco and/or inhalable agent is more than 40 wt.-% of a weight of the aerosol releasing substrate and smaller than 70-wt% of the weight of the aerosol releasing substrate as disclosed by Renaud because Franke and Renaud are directed to aerosol releasing substrates, Renaud demonstrates that tobacco particles provided at an amount greater than 40% and smaller than 70% by weight of an aerosol releasing substrate is suitable for an aerosol releasing substrate comprising tobacco particles, a gelling agent, a stabilizer, and a humectant (Renaud, [0022], [0056]-[0058], [0065], [0072], [0097]-[0100], Figs. 1-3), and the teaching in Renaud would have motivated one of ordinary skill to provide the tobacco particles at the claimed amounts.
The ranges for the humectant amount, particles sizes, the ratio of the propylene glycol and glycerol, the maximum amount of the propylene glycol, and the tobacco particle amount disclosed by the prior art overlaps the claimed ranges, and therefore the claimed ranges are considered prima facie obvious.
Regarding Claim 4, Franke in view of Renaud teaches the aerosol releasing substrate according claim 1. Franke further teaches the aerosol releasing substrate wherein, the tobacco particles and/or the inhalable agent contains at least one sort of tobacco, wherein the sort of tobacco has a particle size (Dv90) greater than 100 µm and a particle size smaller than 1000 µm ([0004], [0062], In an embodiment, at least 90% of the tobacco particles have a particle size within the range of 0.1 mm (100 µm) and 0.5 mm (500 µm)).
Regarding Claim 5, Franke in view of Renaud teaches the aerosol releasing substrate according to claim 1. Franke further teaches the aerosol releasing substrate wherein, the humectant further comprises ethanol and/or water ([0054], [0082], The tobacco constituent releasing components may comprise water as a processing aid. [0086], The tobacco constituent releasing components may comprise water or ethanol as a granulation liquid, which may be at least partially removed).
Regarding Claim 7, Franke in view of Renaud teaches the aerosol releasing substrate according claim 1. Franke further teaches the aerosol releasing substrate wherein, the degradation preventing and/or thickening stabilizer comprises carboxymethylcellulose and/or hydroxyalkylated carbohydrates ([0004], [0011], The tobacco constituent releasing components may comprise carboxymethylcellulose).
Regarding Claim 11, Because Franke in view of Renaud teaches the aerosol releasing substrate according to claim 1 having the composition and structure as claimed, one of ordinary skill would reasonably expect the aerosol releasing substrate of the prior art to have a bulk density greater than 100 kg/m3 and lower than 500 kg/m3 as claimed.
Regarding Claim 24, Franke in view of Renaud teaches the aerosol releasing substrate according to claim 1. Renaud further teaches the aerosol releasing substrate wherein, a weight of the tobacco and/or inhalable agent is greater than or equal to 49 wt.-% of a weight of the aerosol releasing substrate and smaller than 70-wt% of the weight of the aerosol releasing substrate ([0022], [0064], The strands of homogenized tobacco material (aerosol-generating substrate) have a tobacco content of between about 40% and about 85% by weight. The aerosol releasing substrate of Franke has been modified in view of Renaud such that the aerosol generating substrate has a tobacco content of 40-70% by weight as applied to Claim 1).
The range for the tobacco particle amount disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Franke (US 2020/0163377 A1) in view of Renaud (US 2012/0006343 A1) as applied to Claim 1, and further in view of Plattner (WO 2018/122375 A1).
Regarding Claim 8, Franke in view of Renaud does not teach the aerosol releasing substrate wherein the degradation preventing and/or thickening stabilizer is in an amount greater than 8%, and smaller than 30% by weight of the aerosol releasing substrate.
Plattner, directed to aerosol releasing substrates (pg 2, ln 5-7, pg 4, ln 26-35, pg 6, ln 13-20, The foam is configured for use in an aerosol generation apparatus such an electronic cigarette. The aerosol generation apparatus heats but does not burn the foam to release an aerosol, and therefore, the foam is an aerosol releasing substrate), teaches an aerosol releasing substrate for use in a heat-not-burn device (pg 2, ln 8-12, pg 4, ln 26-35, pg 6, ln 13-20, Plattner teaches a foam comprising: a tobacco ingredient containing agent and/or an inhalable agent, an aerosol forming agent, a foam stabilizing agent, and a foam forming agent. The foam is configured for use in an aerosol generation apparatus such an electronic cigarette. The aerosol generation apparatus heats but does not burn the foam to release an aerosol, and therefore, the foam is an aerosol releasing substrate),
the aerosol releasing substrate being air permeable (pg 14, ln 3-5, If the foam includes a tunnel or hole for airflow, it is reasonably understood that the foam is air permeable) and comprising:
tobacco particles and/or an inhalable agent, which contains at least one of a stimulant and/or a flavor (pg 2, ln 8-12, pg 4, 11-15, The foam comprises a tobacco ingredient containing agent. The tobacco ingredient containing agent may be tobacco particles. Tobacco contains nicotine, which is a stimulant (see instant specification, pg 11, ln 2)),
a gelling agent for gelling the aerosol releasing substrate (pg 2, ln 8-12, pg 10, ln 23-25, The foam comprises a foam forming agent, which may be agar or gellan gum. Agar and gellan gum are gelling agents (see instant specification, pg 6, ln 22-23)), and
a degradation preventing and/or thickening stabilizer (pg 2, ln 8-12, pg 9, ln 36-37, The foam comprises a foam stabilizing agent, which may be carboxymethylcellulose. Carboxymethylcellulose is a degradation preventing and/or thickening stabilizer (see instant specification, pg 6, 16-20)),
wherein the aerosol releasing substrate contains 30-70% humectant (pg 2, ln 8-12, pg 11, ln 14-34, The foam comprises an aerosol forming agent, which may be glycerol and/or propylene glycol. The foam contains 10-80% aerosol forming agent by weight. Glycerin (glycerol) and propylene glycol are humectants (see instant specification, pg 5, ln 7)),
the degradation preventing and/or thickening stabilizer comprises carboxymethylcellulose (pg 2, ln 8-12, pg 9, ln 36-37, The foam comprises a foam stabilizing agent, which may be carboxymethylcellulose),
wherein the degradation preventing and/or thickening stabilizer is in an amount greater than 8%, and smaller than 30% by weight of the aerosol releasing substrate (pg 2, ln 8-12, pg 9, ln 36-37, pg 10, ln 17-22, The foam comprises a foam stabilizing agent, which may be carboxymethylcellulose provided in an amount from 3 to 60% by weight of the foam).
It would been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the degradation preventing and/or thickening stabilizer at the amount disclosed by Plattner because Franke, Renaud, and Plattner are directed to aerosol releasing substrates, Plattner demonstrates that carboxymethylcellulose provided at an amount greater than 8%, and smaller than 30% by weight of an aerosol releasing substrate is suitable for stabilizing the aerosol releasing substrate (Plattner, pg 2, ln 8-12, pg 9, ln 36-37, pg 10, ln 17-22), and this involves substituting one stabilizer composition for another prior art stabilizer composition to yield predictable results.
The range for the degradation preventing and/or thickening stabilizer amount disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Franke (US 2020/0163377 A1) in view of Renaud (US 2012/0006343 A1) as applied to Claim 1, and further in view of Zuber (US 2018/0029782 A1, cited on the IDS dated 5/12/2022) as evidenced by Batori (US 2015/0010687 A1).
Regarding Claims 9-10, Franke in view of Renaud does not teach the aerosol releasing substrate wherein, the gelling agent is a non-protein containing polysaccharide and/or comprises gellan gum, lecithin, agar and/or mixtures thereof, and wherein the gelling agent is in an amount greater than 2% and smaller than 12% by weight of the aerosol releasing substrate.
Zuber, directed to aerosol releasing substrates ([0002]), teaches an aerosol releasing substrate for use in a heat-not-burn device ([0004], [0049], An aerosol generating system comprises a device body. A cartridge containing an aerosol-forming substrate is configured to be removably inserted into the device body. The system further comprises a heater configured to heat the aerosol-forming substrate to release an aerosol. Zuber does not mention burning or combustion of the aerosol-forming substrate),
the aerosol releasing substrate being air permeable ([0013], The cartridge comprises a first and second chamber. [0004], The aerosol-forming substrate is provided in the form of a gel. [0056], [0082], The first chamber houses the aerosol-forming substrate (gel). [0089], Air flow is configured to pass through the first chamber, and therefore, the aerosol-forming substrate is air permeable) and comprising:
tobacco particles and/or an inhalable agent, which contains at least one of a stimulant and/or a
flavor ([0057]-[0058], The aerosol forming substrate (gel) may comprise a tobacco product or nicotine. The tobacco product may be powdered tobacco (tobacco particles). Nicotine is a stimulant (see instant specification, pg 11, ln 2). Nicotine is released in the aerosol, and is therefore, an inhalable agent),
a gelling agent for gelling the aerosol releasing substrate, and a thickening stabilizer ([0054]-[0055], The aerosol forming substrate (gel) comprises a gelling agent, which may be agar, gellan gum, or a mixture of the two. Agar and gellan gum are both thickening stabilizers; see Batori, [0053]. Therefore, in the embodiments of the substrate taught by Zuber comprising a mixture of agar and gellan gum, the substrate comprises both a gelling agent for gelling the aerosol releasing substrate),
wherein the aerosol releasing substrate contains 30-70% humectant ([0053], The aerosol forming substrate (gel) comprises an aerosol former, which may be glycerin. Glycerin (glycerol) is a humectant (see instant specification, pg 5, ln 7). [0059]-[0061] show example formulations wherein glycerin is provided between 30% and 99.4% by weight),
wherein the aerosol releasing substrate has a granular texture ([0056], The aerosol forming substrate (gel) may be provided as a plurality of beads. Because the substrate disclosed by Zuber has the composition as claimed and may be provided in a granular (bead) form, the substrate would necessarily have a granular texture as claimed)
wherein, the gelling agent is a non-protein containing polysaccharide and/or comprises gellan gum, lecithin, agar and/or mixtures thereof ([0054]-[0055], The aerosol forming substrate (gel) comprises a gelling agent, which may be agar, gellan gum, or a mixture of the two),
wherein the gelling agent in the substrate is in an amount greater than 2% and smaller than 12% by weight of the aerosol releasing substrate ([0059]-[0060], The gelling agent is in an amount between 0.5% and 5% by weight of the aerosol forming substrate (gel)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide gellan gum or agar as the gelling agent at an amount greater than 2% and smaller than 12% by weight of the aerosol releasing substrate as taught by Zuber because Franke, Renaud, and Zuber are directed to aerosol generating substrates, Zuber demonstrates that providing gellan gum or agar at the claimed amounts is suitable for gelling an aerosol generating substrate comprising tobacco particles (Zuber, [0054]-[0058]), and this involves substituting one gelling agent for another to yield predictable results.
The range for the gelling agent amount disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious.
Conclusion
THIS ACTION IS MADE FINAL. 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 JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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, Philip Louie can be reached on (571) 270-1241. 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.
/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755