Prosecution Insights
Last updated: April 19, 2026
Application No. 17/794,754

Systems and Methods for Monitoring Neural Activity

Final Rejection §102
Filed
Jul 22, 2022
Examiner
ANTHONY, MARIA CATHERINE
Art Unit
3796
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Deep Brain Stimulation Technologies Pty Ltd.
OA Round
2 (Final)
65%
Grant Probability
Favorable
3-4
OA Rounds
3y 9m
To Grant
99%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
45 granted / 69 resolved
-4.8% vs TC avg
Strong +38% interview lift
Without
With
+37.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
35 currently pending
Career history
104
Total Applications
across all art units

Statute-Specific Performance

§101
5.1%
-34.9% vs TC avg
§103
57.8%
+17.8% vs TC avg
§102
22.9%
-17.1% vs TC avg
§112
11.3%
-28.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 69 resolved cases

Office Action

§102
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 . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-33 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being unpatentable by Sinclair(WO 2018027259 A1) (cited previously). Regarding claim 1, Sinclair discloses a method of neurostimulation, comprising: a. applying a probe signal to an electrode implanted in or near a target neural structure of the brain; b. detecting a first response from the target neural structure evoked by the probe signal; c. determining a first time period between application of the probe signal and a first temporal feature of the first response; d. generating a therapeutic signal comprising a plurality of pulses, at least two of the plurality of pulses separated by the first time period; e. applying the therapeutic signal to the electrode or another electrode implanted in or near the target neural structure(the method comprising: applying the stimulus to one or more of at least one electrode implanted in a target neural structure of the brain; detecting a resonant response from the target neural structure evoked by the stimulus at one or more of the at least one electrode in or near the target neural structure of the brain; and determining one or more waveform characteristics of the detected resonant response[abstract].The stimulus may comprise a patterned signal comprising a plurality of bursts separated by a first time period, each burst comprising a plurality of pulses separated by a second time period[0014],The method may further comprise selecting one or more of the at least one electrode to use for therapeutic stimulation of the target neural structure based on the one or more waveform characteristics; and applying a therapeutic stimulus to the target neural structure via the selected one or more of the at least one electrode[0025]). Regarding claim 2, Sinclair discloses the method of claim 1, further comprising: repeating steps a to d(The signal generator, the measurement device and the processing unit are may be configured to repeat the steps of applying the stimulus, detecting a resonant response and determining one or more waveform characteristics of the detected resonant response. In which case, the steps of applying the stimulus, detecting a resonant response and determining one or more waveform characteristics of the detected resonant response may be repeated until processing unit determines that one or more of the at least one electrode is positioned in the target neural structure[0059]). Regarding claim 3, Sinclair discloses the method of claim 2, further comprising continuously applying the therapeutic signal to the electrode between repetitions of steps a to d(Preferably the stimulus is applied continuously or periodically until a preferred state of ERNA is reached[0189]). Regarding claim 4, Sinclair discloses the method of claim 1, wherein at least three of the plurality of pulses are separated by the first time period(The graph shows the response to the last three consecutive pulses of a 60 second period of continuous stimulation followed by a period of no stimulation[0119]). Regarding claim 5, Sinclair discloses the method of claim 1, further comprising: f. determining a second time period between application of the probe signal and second temporal feature of the first oscillatory response, wherein at least two of the plurality of pulses are separated by the second time period(Further, by using burst stimulation, the evoked resonant response over several oscillatory cycles (20 milliseconds or more) can be monitored[0125].Accordingly, stimuli are preferably applied in bursts of multiple pulses, each burst separated by a first time period ti of no stimulation, each pulse separated by a second time period t.sub.2[0123]). Regarding claim 6, Sinclair discloses the method of claim 5, wherein a first one of the at least two of the plurality of pulses separated by the first time period and a first one of the at least two of the plurality of pulses separated by the second time period are the same pulse(The presence and amplitude of ERNA can be dependent on stimulation amplitude. Accordingly, so as to maintain consistency in ERNA measurements, it may be preferable to always use the same pulse parameter settings and in particular the same amplitude for the pulse used to measure ERNA[0196]). Regarding claim 7, Sinclair discloses the method of claim 1, wherein the probe signal has a fixed amplitude(To enhance the monitoring of ERNA it may be advantageous to apply a fixed amplitude to the pulses preceding the observation window[0131]). Regarding claim 8, Sinclair discloses the method of claim 1, wherein completion of application of the probe signal and commencement of application of the therapeutic signal are separated by a measurement time period in which no signal is applied to the electrode or the other electrode implanted in or near the target neural structure(In Figure 19a, the patterned profile includes a period of no stimulation 192 after a continuous stimulation block 190, followed by a burst of pulses 194 and another period of no stimulation 196. During the period of no stimulation, the ERNA may be measured and therapeutic stimulation signal adjusted (if required)[0191]). Regarding claim 9, Sinclair discloses the method of claim 1, further comprising: detecting a second response from the target neural structure evoked by the therapeutic signal; and determining a difference between a common temporal feature in the first and second responses(The system may further comprise: a second lead having at least one second electrode adapted for implantation in or near a second target structure in the brain; wherein the signal generator is selectively coupled to one or more of the at least one second electrode and configured to generate a stimulus to stimulate the second target neural structure; wherein the measurement device is selectively coupled to one or more of the at least one second electrode and configured to detect a resonant response from the second target neural structure evoked by the stimulus; a processing unit coupled to the measurement device and configured to determine one or more waveform characteristics of the detected resonant response from the second target neural structure[0056]. The profile of evoked responses are then compared at step 118 in order to determine whether a preferred electrode location can be identified. The identification of preferred electrode location may be based on different ERNA features, including relative differences between or spatial derivatives of amplitude, rate of decay, rate of change, and frequency, at different insertion positions[0162]). Regarding claim 10, Sinclair discloses the method of claim 9, wherein the difference comprises a difference in amplitude of the first and second responses(The stimulus may comprise a patterned signal comprising a plurality of bursts separated by a first time period, each burst comprising a plurality of pulses separated by a second time period, wherein the first time period is greater than the second time period and wherein the detecting is performed during one or more of the first time periods. The first time period is greater than or equal to the second time period. The plurality of pulses within at least one of the bursts may have different amplitudes[0048]). Regarding claim 11, Sinclair discloses the method of claim 10, wherein determining the difference comprises determining that the common temporal feature is suppressed in the second response relative to the first response(Firstly, it is shown that a resonant response over several cycles can be measured using the novel patterned stimulus. Secondly, it can be seen that the response at the second electrode 72b has the largest amplitude, the amplitude of response at the fourth electrode 72d has the smallest amplitude, and the amplitude of the evoked response at the first electrode 72a is substantially less than that at the second electrode 72b but slightly greater than that at the fourth electrode 72d[0169][Fig. 13]). The figure shows multiple responses at different electrodes placed in the brain with one of the responses being smaller or suppressed. Regarding claim 12, Sinclair discloses the method of claim 9, further comprising: adjusting the amplitude of the therapeutic signal in dependence on the difference(After a period of monitoring 200, the therapeutic stimulation may then be adjusted for a period 202 after which the therapeutic stimulation 198 may be applied with the adjusted parameters[0192].The adapting may comprise adjusting one or more of the frequency, amplitude, pulse-width, electrode configuration, or morphology of the stimulus[0046]). Regarding claim 13, Sinclair discloses The method of claim 1, further comprising, after detecting the first response and before determining the first time period: determining that the amplitude of the first oscillatory response is below a threshold amplitude; and increasing the amplitude of and re-applying the probe signal until the amplitude of the first oscillatory response is at or greater than the threshold amplitude(The method may further comprise correlating the detected resonant response with a template resonant response; and adapting the stimulus based on the correlation. The method may further comprise correlating the one or more determined waveform characteristics with one or more predetermined threshold values; and adapting the stimulus based on the correlation[0012]. The processing unit may be configured to: control the signal generator to adapt the stimulus based on the one or more determined waveform characteristics of the resonant response[0043]. The processing unit may be further configured to: correlate the detected resonant response with a template resonant response; and control the signal generator to adapt the stimulus based on the correlation[0044]. The processing unit may be configured to: correlate the one or more determined waveform characteristics with one or more predetermined threshold values; and control the signal generator to adapt the stimulus based on the correlation[0045]). Regarding claim 14, Sinclair discloses the method of claim 1, wherein a frequency of pulses of the plurality of pulses other than the at least two pulses separated by the first time period is set such that an average frequency of pulses in the plurality of pulses is within a threshold range of a predetermined therapeutic frequency(The frequency of this stimulus during the monitoring period 200 may be low enough to allow for multiple ERNA peaks to be observed. Equally, the frequency of the stimulus applied during the monitoring period 200 may be high enough to be within the therapeutic frequency range for DBS. As mentioned above, the transition between frequency may be abrupt or, alternatively the change in frequency may be gradual[0192]. The processing unit may be configured to: correlate the one or more determined waveform characteristics with one or more predetermined threshold values; and control the signal generator to adapt the stimulus based on the correlation[0045]. The adapting may comprise adjusting one or more of the frequency, amplitude, pulse-width, electrode configuration, or morphology of the stimulus[0046]). Regarding claim 15, Sinclair discloses the method of claim 14, wherein the predetermined therapeutic frequency is between 70 Hz and 200 Hz(The patterned stimulus 20 is shown above the graph to illustrate the correlation between stimulus and response. In the patterned stimulus, a single pulse has been omitted from an otherwise continuous 130 Hz pulse train[0122]). Regarding claim 16, Sinclair discloses the method of claim 1, wherein the temporal feature is one of: a peak in the response; a trough in the response; a crossing of the response through a predetermined amplitude; a gradient of the response(ERNA waveform peaks are represented by darker points. ERNA waveform troughs are represented by lighter points[0142]). Regarding claim 17, Sinclair discloses a method of neurostimulation, comprising: applying a stimulus to an electrode implanted in or near a target neural structure of the brain, the stimulus comprising a plurality of pulses; detecting a response from the target neural structure evoked by the stimulus; determining a first time period between application of the stimulus and a first temporal feature of the first response; adjusting the stimulus such that at least two of the plurality of pulses are separated by the first time period; applying the adjusted stimulus to the electrode(the method comprising: applying the stimulus to one or more of at least one electrode implanted in a target neural structure of the brain; detecting a resonant response from the target neural structure evoked by the stimulus at one or more of the at least one electrode in or near the target neural structure of the brain; and determining one or more waveform characteristics of the detected resonant response[abstract].The stimulus may comprise a patterned signal comprising a plurality of bursts separated by a first time period, each burst comprising a plurality of pulses separated by a second time period[0014],The method may further comprise selecting one or more of the at least one electrode to use for therapeutic stimulation of the target neural structure based on the one or more waveform characteristics; and applying a therapeutic stimulus to the target neural structure via the selected one or more of the at least one electrode[0025]. After a period of monitoring 200, the therapeutic stimulation may then be adjusted for a period 202 after which the therapeutic stimulation 198 may be applied with the adjusted parameters[0192].The adapting may comprise adjusting one or more of the frequency, amplitude, pulse-width, electrode configuration, or morphology of the stimulus[0046]). Regarding claim 18, Sinclair discloses a neurostimulation system, comprising: a lead having at least one electrode adapted for implantation in or near a target neural structure in the brain; a signal generator selectively coupled to one or more of the at least one electrode and configured to: a. apply a probe signal to one of the at least one electrode implanted in or near the target neural structure of the brain; and one or more processors configured to: b. detect at the at least one electrode a first response from the target neural structure, the first response evoked by the probe signal; c. determine a first time period between application of the probe signal and a first temporal feature of the first response; and d. generate a therapeutic signal comprising a plurality of pulses, at least two of the plurality of pulses separated by the first time period, the signal generator further configured to: e. apply the therapeutic signal to the at least one electrode or another electrode implanted in or near the target neural structure(the method comprising: applying the stimulus to one or more of at least one electrode implanted in a target neural structure of the brain; detecting a resonant response from the target neural structure evoked by the stimulus at one or more of the at least one electrode in or near the target neural structure of the brain; and determining one or more waveform characteristics of the detected resonant response[abstract].The stimulus may comprise a patterned signal comprising a plurality of bursts separated by a first time period, each burst comprising a plurality of pulses separated by a second time period[0014],The method may further comprise selecting one or more of the at least one electrode to use for therapeutic stimulation of the target neural structure based on the one or more waveform characteristics; and applying a therapeutic stimulus to the target neural structure via the selected one or more of the at least one electrode[0025]. According to a second aspect of the disclosure, there is provided a neurostimulation system, comprising: a lead having at least one electrode adapted for implantation in or near a target neural structure in the brain; a signal generator selectively coupled to one or more of the at least one electrode and configured to generate a stimulus to stimulate the target neural structure[0033]). Regarding claim 19, Sinclair discloses the system of claim 18, the signal generator and the one or more processors further configured to: repeat steps a to d(The signal generator, the measurement device and the processing unit are may be configured to repeat the steps of applying the stimulus, detecting a resonant response and determining one or more waveform characteristics of the detected resonant response. In which case, the steps of applying the stimulus, detecting a resonant response and determining one or more waveform characteristics of the detected resonant response may be repeated until processing unit determines that one or more of the at least one electrode is positioned in the target neural structure[0059]). Regarding claim 20, Sinclair discloses the system of claim 19, wherein the signal generator is configured to continuously apply the therapeutic signal to the electrode between repetitions of steps a to d(Preferably the stimulus is applied continuously or periodically until a preferred state of ERNA is reached[0189]). Regarding claim 21, Sinclair discloses the system of claim 18, wherein at least three of the plurality of pulses are separated by the first time period(The graph shows the response to the last three consecutive pulses of a 60 second period of continuous stimulation followed by a period of no stimulation[0119]). Regarding claim 22, Sinclair discloses the system of claim 18, wherein the one or more processors is further configured to: f. determine a second time period between application of the probe signal and second temporal feature of the first response, wherein at least two of the plurality of pulses are separated by the second time period(Further, by using burst stimulation, the evoked resonant response over several oscillatory cycles (20 milliseconds or more) can be monitored[0125].Accordingly, stimuli are preferably applied in bursts of multiple pulses, each burst separated by a first time period ti of no stimulation, each pulse separated by a second time period t.sub.2[0123]). Regarding claim 23, Sinclair discloses the system of claim 22, wherein a first one of the at least two of the plurality of pulses separated by the first time period and a first one of the at least two of the plurality of pulses separated by the second time period are the same pulse(The presence and amplitude of ERNA can be dependent on stimulation amplitude. Accordingly, so as to maintain consistency in ERNA measurements, it may be preferable to always use the same pulse parameter settings and in particular the same amplitude for the pulse used to measure ERNA[0196]). Regarding claim 24, Sinclair discloses the system of claim 18, wherein the probe signal has a fixed amplitude(To enhance the monitoring of ERNA it may be advantageous to apply a fixed amplitude to the pulses preceding the observation window[0131]). Regarding claim 25, Sinclair discloses the system of claim 18, wherein completion of application of the probe signal and commencement of application of the therapeutic signal are separated by a measurement time period in which no signal is applied to the electrode or the other electrode implanted in or near the target neural structure(In Figure 19a, the patterned profile includes a period of no stimulation 192 after a continuous stimulation block 190, followed by a burst of pulses 194 and another period of no stimulation 196. During the period of no stimulation, the ERNA may be measured and therapeutic stimulation signal adjusted (if required)[0191]). Regarding claim 26, Sinclair discloses the system if claim 18, wherein the one or more processors are further configured to: detect a second response from the target neural structure, the second response evoked by the therapeutic signal; and determining a difference between a common temporal feature in the first and second responses(The system may further comprise: a second lead having at least one second electrode adapted for implantation in or near a second target structure in the brain; wherein the signal generator is selectively coupled to one or more of the at least one second electrode and configured to generate a stimulus to stimulate the second target neural structure; wherein the measurement device is selectively coupled to one or more of the at least one second electrode and configured to detect a resonant response from the second target neural structure evoked by the stimulus; a processing unit coupled to the measurement device and configured to determine one or more waveform characteristics of the detected resonant response from the second target neural structure[0056]. The profile of evoked responses are then compared at step 118 in order to determine whether a preferred electrode location can be identified. The identification of preferred electrode location may be based on different ERNA features, including relative differences between or spatial derivatives of amplitude, rate of decay, rate of change, and frequency, at different insertion positions[0162]). Regarding claim 27, Sinclair discloses the system of claim 26, wherein the difference comprises a difference in amplitude of the first and second responses(The stimulus may comprise a patterned signal comprising a plurality of bursts separated by a first time period, each burst comprising a plurality of pulses separated by a second time period, wherein the first time period is greater than the second time period and wherein the detecting is performed during one or more of the first time periods. The first time period is greater than or equal to the second time period. The plurality of pulses within at least one of the bursts may have different amplitudes[0048]). Regarding claim 28, Sinclair discloses the system of claim 26, wherein determining the difference comprises determining that the common temporal feature is suppressed in the second response relative to the first response(Firstly, it is shown that a resonant response over several cycles can be measured using the novel patterned stimulus. Secondly, it can be seen that the response at the second electrode 72b has the largest amplitude, the amplitude of response at the fourth electrode 72d has the smallest amplitude, and the amplitude of the evoked response at the first electrode 72a is substantially less than that at the second electrode 72b but slightly greater than that at the fourth electrode 72d[0169][Fig. 13]). The figure shows multiple responses at different electrodes placed in the brain with one of the responses being smaller or suppressed. Regarding claim 29, Sinclair discloses the system of claim 26, one or more processors further configured to: adjust the amplitude of the therapeutic signal in dependence on the difference(After a period of monitoring 200, the therapeutic stimulation may then be adjusted for a period 202 after which the therapeutic stimulation 198 may be applied with the adjusted parameters[0192].The adapting may comprise adjusting one or more of the frequency, amplitude, pulse-width, electrode configuration, or morphology of the stimulus[0046]). Regarding claim 30, Sinclair discloses the system of claim 18, the one or more processors further configured to, after detecting the first response and before determining the first time period: determine that the amplitude of the first response is below a threshold amplitude; and increase the amplitude of the probe signal being applied by the signal generator until the amplitude of the first response is at or greater than the threshold amplitude(The method may further comprise correlating the detected resonant response with a template resonant response; and adapting the stimulus based on the correlation. The method may further comprise correlating the one or more determined waveform characteristics with one or more predetermined threshold values; and adapting the stimulus based on the correlation[0012]. The processing unit may be configured to: control the signal generator to adapt the stimulus based on the one or more determined waveform characteristics of the resonant response[0043]. The processing unit may be further configured to: correlate the detected resonant response with a template resonant response; and control the signal generator to adapt the stimulus based on the correlation[0044]. The processing unit may be configured to: correlate the one or more determined waveform characteristics with one or more predetermined threshold values; and control the signal generator to adapt the stimulus based on the correlation[0045]). Regarding claim 31, Sinclair discloses the system of claim 18, wherein a frequency of pulses of the plurality of pulses other than the at least two pulses separated by the first time period is set such that an average frequency of pulses in the plurality of pulses is within a threshold range of a predetermined therapeutic frequency(The frequency of this stimulus during the monitoring period 200 may be low enough to allow for multiple ERNA peaks to be observed. Equally, the frequency of the stimulus applied during the monitoring period 200 may be high enough to be within the therapeutic frequency range for DBS. As mentioned above, the transition between frequency may be abrupt or, alternatively the change in frequency may be gradual[0192]. The processing unit may be configured to: correlate the one or more determined waveform characteristics with one or more predetermined threshold values; and control the signal generator to adapt the stimulus based on the correlation[0045]. The adapting may comprise adjusting one or more of the frequency, amplitude, pulse-width, electrode configuration, or morphology of the stimulus[0046]). Regarding claim 32, Sinclair discloses the system of claim 31, wherein the predetermined therapeutic frequency is between 70 Hz and 200 Hz(The patterned stimulus 20 is shown above the graph to illustrate the correlation between stimulus and response. In the patterned stimulus, a single pulse has been omitted from an otherwise continuous 130 Hz pulse train[0122]). Regarding claim 33, Sinclair discloses the system of claim 18, wherein the temporal feature is one of: a peak in the response; a trough in the response; a crossing of the response through a predetermined amplitude; a gradient of the response(ERNA waveform peaks are represented by darker points. ERNA waveform troughs are represented by lighter points[0142]). Response to Arguments Applicant's arguments filed 2/9/2026 have been fully considered but they are not persuasive. Applicant argues that Sinclair fails to disclose "determining a first time period between application of the probe signal and first temporal feature of the response" and "generating a therapeutic signal comprising a plurality of pulses, at least two of the plurality of pulses separated by the first time period”. However, Sinclair teaches “Figure 17 illustrates a process which may be performed by the system 90. At step 170 a stimulation signal is generated. Parameters of the stimulation signal are chosen so as to optimize the ERNA to a preferred resonant state. The stimulus is then applied to an electrode of the lead tip 70 for a period T at step 172. The period T may be a fixed period. Preferably the stimulus is applied continuously or periodically until a preferred state of ERNA is reached. The therapeutic stimulation is then stopped and the evoked response is measured at one or more electrodes, the evoked response being to a probe stimulus comprising one or more bursts of pulses applied to the stimulation electrode (at step 174). In some embodiments the probe stimulus may be applied to more than one electrode. In some embodiments, the stimulation electrode can be used to measure ERNA instead of or in addition to the one or more other electrodes. The system is then maintained in this state of monitoring until the ERNA becomes undesirable. In some embodiments, the determination of whether or not the ERNA is in a preferred or therapeutic state may be performed by comparing the measured response with a template ERNA response or by comparing a measured ERNA characteristic with a desired range. As soon as it is considered that the state is undesirable at step 176, a stimulation signal is again generated and applied at steps 170 and 172[0189]. Figure 2 graphically illustrates an example therapeutic patterned DBS stimulus 20 and the associated evoked resonant response according to an embodiment of the present disclosure. The patterned stimulus 20 is shown above the graph to illustrate the correlation between stimulus and response. In the patterned stimulus, a single pulse has been omitted from an otherwise continuous 130 Hz pulse train. The pulse train therefore includes a plurality of bursts of pulses of continuous stimulation, each burst separated by a first time period ti, each of the plurality of pulses separated by a second time period t.sub.2. Continuation of the stimulus before and after omission of a pulse (or more than one pulse) maintains the therapeutic nature of the DBS, whilst the omission of a pulse allows for resonance of the ERNA to be monitored over several (3 in this example) resonant cycles before the next stimulation pulse interrupts this resonance[0122]. In summary, by patterning non-therapeutic and therapeutic stimuli, an evoked response can be monitored over a longer period of time than with conventional non- patterned stimulation. Accordingly, stimuli are preferably applied in bursts of multiple pulses, each burst separated by a first time period ti of no stimulation, each pulse separated by a second time period t.sub.2. For example, a stimulus signal may comprise a series of 10-pulse bursts at 130 Hz. To increase repeatability of results, the multi-pulse burst may be repeated after a predetermined period of no stimulation. For example, the multi-pulse burst may be repeated each second. he duration of the first time period ti is greater than that of the second time period t.sub.2. The ratio between the duration of the burst and the duration between bursts may be chosen so as to ensure that relevant properties of the ERNA can be monitored easily and efficiently. In some embodiments, the duration of each burst is chosen to be between 1% and 20% of the duration of no stimulation between bursts[0123][Fig. 2]”. The time period between pulses is determined based on the evoked neural response and the length of time is takes to monitor the response from the first stimulation. Two pulses are also separated between a first and second time period, as shown in both Fig. 2, and in the steps graphic of Fig. 17. Therefore, the 102 rejections for all claims with Sinclair still stand. PNG media_image1.png 495 471 media_image1.png Greyscale 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 MARIA CATHERINE ANTHONY whose telephone number is (703)756-4514. The examiner can normally be reached 7:30 am - 4:30 pm, EST, M-F. 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, CARL LAYNO can be reached at (571)272-4949. 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. /MARIA CATHERINE ANTHONY/Examiner, Art Unit 3796 /CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
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Prosecution Timeline

Jul 22, 2022
Application Filed
Aug 06, 2025
Non-Final Rejection — §102
Feb 09, 2026
Response Filed
Mar 10, 2026
Final Rejection — §102 (current)

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