Prosecution Insights
Last updated: October 02, 2026
Application No. 17/866,776

INTERATRIAL SHUNTING DEVICES, SYSTEMS AND METHODS

Final Rejection §103§112
Filed
Jul 18, 2022
Priority
Sep 27, 2021 — provisional 63/248,866
Examiner
OU, JING RUI
Art Unit
3771
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Medtronic Inc.
OA Round
4 (Final)
53%
Grant Probability
Moderate
5-6
OA Rounds
1m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 53% of resolved cases
53%
Career Allowance Rate
422 granted / 792 resolved
-16.7% vs TC avg
Strong +52% interview lift
Without
With
+51.5%
Interview Lift
resolved cases with interview
Typical timeline
4y 3m
Avg Prosecution
43 currently pending
Career history
825
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
42.8%
+2.8% vs TC avg
§102
23.8%
-16.2% vs TC avg
§112
26.7%
-13.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 792 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This action is in response to the amendment filed on 06/10/2026. Claims 1-4, 6-8, 10-14, 16-22, and 24-26 are pending. Claims 1, 11, and 16 are independent. Claims 16-20 are withdrawn. Claims 5, 9, and 14 are canceled. Claims 24-26 have been newly added. Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Currently, none of the limitations are interpreted under 35 U.S.C. 112(f). Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 24 and 25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 24 recites the limitation “each respective head of each single arm of the first set of arms is positioned along a first plane, and wherein each respective head of each single arm of the second set of arms is positioned along a second plane parallel to the first plane” which does not have sufficient support in the original disclosure and is considered as new matter. First, the original disclosure does not disclose that each respective head of each single arm of the first set of arms is positioned along a first plane and each respective head of each single arm of the second set of arms is positioned along a second plane. The specification discloses neither each respective head of each single arm of the first set of arms is positioned along a first plane and each respective head of each single arm of the second set of arms is positioned along a second plane nor the heads are flat. Instead, the drawings (e.g. Figs. 1A and 2A) show that each head of the arms appears to be a bit curved and each head of the arms is not positioned along a plane. Therefore, each respective head of each single arm of the second set of arms is not positioned along a second plane parallel to the first plane. Claim 25 recites the limitation “the curved portion of the intermediate section of at least one single arm of the plurality of arms defines a bend angle of 90 degrees such that a respective contact face of a respective head of the at least one single arm is perpendicular to a longitudinal axis of the tube” which does not have sufficient support in the original disclosure and is considered as new matter. First, the original disclosure discloses that a respective contact face of a respective head of the at least one single arm is generally perpendicular (not exactly perpendicular) to a longitudinal axis of the tube. Although the contact face of each head looks substantially perpendicular to a longitudinal axis of the tube in the drawing (e.g. Fig. 1C), but the drawings are not sufficient to support that a respective contact face of a respective head of the at least one single arm is (exactly) perpendicular to a longitudinal axis of the tube. The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 25 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 25 recites “the curved portion of the intermediate section of at least one single arm of the plurality of arms defines a bend angle of 90 degrees.” Based on the disclosure, it is unclear how the bend angle is defined. Each intermediate section 72/82 is curved. It is unclear how the bend angle is measured. Therefore, the limitation “the curved portion of the intermediate section of at least one single arm of the plurality of arms defines a bend angle of 90 degrees” is indefinite. The art rejection(s) below is/are made as best understood by the examiner. 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. Claim(s) 1-4, 6-8, 10, 21, and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz et al. (US Pub. No.: 2020/0085600) in view of Abbott et al. (US Pub. No.: 2007/0073337). Regarding claim 1, Schwartz discloses, in one embodiment (Fig. 10), [claim 1] an interatrial shunting device (140. Fig. 10. Para. [0160], and Abstract, the shunting device 140 is fully capable to serve as a interatrial shunting device because it is configured to transport fluid from one bodily chamber to bodily chamber.) comprising: a tube (142, Fig. 10) defining a first end (146, Fig. 10) opposite a second end (148, Fig. 10), and a tube wall (tube wall of 142, Fig. 10) extending to and between the first and second ends, wherein the tube wall defines a lumen (144, Fig. 10) of the tube, the lumen being open at the first and second ends (Fig. 10); and an anchoring assembly (combination of 150, 152, 154, 156, 158, 160, 162, and 164, Fig. 10) carried by the tube and fully capable to secure the interatrial shunting device to a native atrial septum, wherein the anchoring assembly comprises a plurality of arms (combination of 150, 152, 154, 156, 158, 160, 162, and 164, Fig. 10) extending from the tube wall, wherein the plurality of arms comprises a first set of arms (150, 152, 154, 156, Fig. 10) extending from the first end of the tube and a second set of arms (158, 160, 162, and 164, Fig. 10) extending from the second end of the tube, wherein each single arm of the plurality of arms comprises an intermediate section (the middle/intermediate elongated narrow section of each arm that terminates at the head , Fig. 10) terminating at a head (the enlarged head at the end of each arm, Fig. 10), wherein the intermediate section comprises a length extending from the tube wall and an arm width (Fig. 10), wherein the head defines a head width that is tapering laterally from and larger than the arm width of the intermediate section (Fig. 10), wherein the anchoring assembly is configured to be transitionable between a delivery state and a deployed state (Para. [0160]), wherein the entirety of the heads of each of the plurality of arms comprise a solid surface (Fig. 10) that, when the anchoring assembly is in the deployed state, is fully capable to atraumatically interface with the native atrial septum (Fig. 100, the entirety of the heads of each of the plurality of arms comprise a solid surface that, when the anchoring assembly is in the deployed state, is fully capable to atraumatically interface with the native atrial septum), wherein the anchoring assembly, when in the deployed state, is fully capable to engage the native atrial septum directly between the respective heads of each single arm of the first set of arms and the corresponding respective heads of each single arm of the second set of arms (the anchoring assembly, when in the deployed state, is fully capable to engage the native atrial septum directly between the respective heads of each single arm of the first set of arms and the corresponding respective heads of each single arm of the second set of arms since the arms are configured to secure the device to the body tissue); However, Schwartz does not disclose that the tube wall is a solid body in the embodiment shown in Fig. 10. Schwartz discloses, in another embodiment (Fig. 80), that [claim 1] the tube wall (tube wall of 592, Fig. 80) is a solid body (Fig. 80 and Para. [0168]). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the tube wall of the embodiment shown in Fig. 10 of Schwartz to be a solid body as taught in the embodiment shown in Fig. 10 of Schwartz in order to obtain the advantage of reducing the risk of device fatigue and blood stasis (Para. [0168]). Schwartz does not explicitly disclose that the intermediate section defines a curve portion terminating at the head. Abbott teaches, in the same field of endeavor / same problem-solving area (anchoring assembly for heart implantable device), each arm (306/307, Fig. 13A or 13B) of the anchor assembly (combination of 306 and 307) comprising an intermediate section (intermediate section of 306/307, Fig. 13A or 13B) that defines a curved section (curve section of the intermediate section of 306/307 from 410 to 411, Fig. 13A or 13B) terminating at a head (head at 314/315, Fig. 13A or 13B and also see Fig. 10 or 11 for the heads). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the intermediate section of the arms of the device of Schwartz to include a curve portion terminating at the head as taught by Abbott in order to obtain the advantage of adding more closure force to press against the heart tissue/septal wall for securing the device to the tissue (Abbott, Para. [0161]). Regarding claim 2, wherein the interatrial shunting device is characterized by the absence of material within the lumen (Schwartz, Fig. 10 and also see other embodiment such as shown in Figs. 75 and 76 for example). Regarding claim 3, wherein the tube wall is solid in transverse cross-section across an entire length of the tube from the first end to the second end (Schwartz, Fig. 80 and Para. [0168]). Regarding claim 4, wherein the tube wall is configured to prevent tissue ingrowth from an exterior of the tube into the lumen (Schwartz, Para. [0168] and [0163], metallic material like nitinol is configured to prevent tissue ingrowth from an exterior of the tube into the lumen). Regarding claim 6, wherein the tube defines a longitudinal axis, and further wherein a footprint of the anchoring assembly in a plane transverse to the longitudinal axis in the delivery state is less than the footprint in the deployed state (Schwartz, Paras. [0160]). Regarding claim 7, wherein the anchoring assembly is fully capable to assume the delivery state in response to an applied external force, and is further configured to self-transition to the deployed state upon removal of the applied external force (the anchoring assembly is fully capable to assume the delivery state in response to an applied external force, and is further configured to self-transition to the deployed state upon removal of the applied external force, Schwartz, Para. [0160]). Regarding claim 8, wherein an outer diameter of the tube is substantially identical in the delivery state and the deployed state (Schwartz, Para. [0168]). Regarding claim 10, wherein the delivery state includes the first set of arms extending away from the first end in a first direction and the second set of arms extending away from the second end in a second direction, the first direction being opposite the second direction (Schwartz, Fig. 10). Regarding claim 21, wherein the respective heads of each single arm of the plurality of arms are not circumferentially connected to one another (Schwartz, Fig. 10) Regarding claim 22, Schwartz further discloses, in another embodiment (Fig. 84), that an outer diameter of the intermediate section of each single arm of the plurality of arms in the delivery state is less than the outer diameter of the tube (Fig. 84, an outer diameter of the intermediate section of each single arm of the plurality of arms in the delivery state is less than the outer diameter of the tube because the arms are tapered inward toward the central axis of the device). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the device of Schwartz shown in Fig. 10 in view of the device shown in Fig. 80 to include that an outer diameter of the intermediate section of each single arm of the plurality of arms in the delivery state is less than the outer diameter of the tube as taught in Fig. 84 of Schwartz such that the arms taper toward the central axis in the delivery state in order to facilitate the delivery of the device. Regarding claim 24, each respective head of each single arm of the first set of arms is positioned along a first plane (a plane on which that each respective head of each single arm of the first set of arms is positioned and is parallel the a second plane on which each respective head of each single arm of the second set of arms is positioned, Schwartz, Fig. 10; also see Figs. 5A and 5C of Abbott), and wherein each respective head of each single arm of the second set of arms is positioned along a second plane parallel to the first plane (Schwartz, Fig. 10; also see Figs. 5A and 5C of Abbott). Regarding claim 25, in the modified device, the curved portion of the intermediate section of at least one single arm of the plurality of arms defines a bend angle of 90 degrees such that a respective contact face of a respective head of the at least one single arm is perpendicular to a longitudinal axis of the tube (Abbott, Figs. 13A and 13B, an arbitrary portion of the curved portion of the intermediate section of at least one single arm of the plurality of arms defines a bend angle of 90 degrees because the curved portion covers different degree angles including the 90 degrees angle by extending upward and then downward such that a respective contact face of a respective head of the at least one single arm is perpendicular to a longitudinal axis of the tube). Regarding claim 26, a respective head of at least one single arm of the plurality of arms defines a first lateral edge and a second lateral edge parallel to the first lateral edge (Schwartz. Fig. 10; also see Abbot, Figs. 13A and 13B and Para. [0176], 306 and 307 can be symmetrical) Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwartz et al. (US Pub. No.: 2020/0085600) in view of Abbott et al. (US Pub. No.: 2007/0073337) and Ton et al. (US Pub. No.: 2006/0111771). Regarding claim 11, Schwartz discloses, in one embodiment, a system for treating a heart of a patient, the system comprising: an interatrial shunting device (140. Fig. 10. Para. [0160], and Abstract, the shunting device 140 is fully capable to serve as a interatrial shunting device because it is configured to transport fluid from one bodily chamber to bodily chamber.) including: a tube (142, Fig. 10) defining a first end (146, Fig. 10) opposite a second end (148, Fig. 10), and a tube wall (tube wall of 142, Fig. 10) extending to and between the first and second ends, wherein the tube wall defines a lumen (144, Fig. 10) of the tube, the lumen being open at the first and second ends (Fig. 10), an anchoring assembly (combination of 150, 152, 154, 156, 158, 160, 162, and 164, Fig. 10) carried by the tube and fully capable to secure the interatrial shunting device to a native atrial septum, wherein the anchoring assembly comprises a plurality of arms extending from the tube wall (the anchoring assembly is fully capable to secure the interatrial shunting device to a native atrial septum, wherein the anchoring assembly comprises a plurality of arms extending from the tube wall the arms are configured to secure the device to the body tissue), wherein each single arm of the plurality of arms comprises an intermediate section (the middle/intermediate elongated narrow section of each arm, Fig. 10) terminating at a head (the enlarged head at the end of each arm, Fig. 10), wherein the head defines a head width that is tapering laterally from and larger than the arm width of the intermediate section (Fig. 10); wherein the entirety of the respective heads of each of the plurality of arms comprises a solid surface (Fig. 10); and a delivery device configured to retain the interatrial shunting device in a delivery state fully capable for delivery to a native atrial septum and to release the interatrial shunting device for implant at an opening in the native atrial septum in a deployed state (Para. [0160]). Schwartz further discloses, in another embodiment (Fig. 80), that [claim 1] the tube wall (tube wall of 592, Fig. 80) is a solid body (Fig. 80 and Para. [0168]). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the tube wall of the embodiment shown in Fig. 10 of Schwartz to be a solid body as taught in the embodiment shown in Fig. 10 of Schwartz in order to obtain the advantage of reducing the risk of device fatigue and blood stasis (Para. [0168]). However, Schwartz does not the intermediate section defines a curve portion terminating at the head and that the delivery device comprises an engagement unit configured to be connected to one or more arms of the plurality of arms of the interatrial shunting device and to retain the interatrial shunting device, wherein the engagement unit is configured to release the interatrial shunting device upon rotation of the engagement unit. Abbott teaches, in the same field of endeavor / same problem-solving area (anchoring assembly for heart implantable device), each arm (306/307, Fig. 13A or 13B) of the anchor assembly (combination of 306 and 307) comprising an intermediate section (intermediate section of 306/307, Fig. 13A or 13B) that defines a curved section (curve section of the intermediate section of 306/307 from 410 to 411, Fig. 13A or 13B) terminating at a head (head at 314/315, Fig. 13A or 13B and also see Fig. 10 or 11 for the heads). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the intermediate section of the arms of the device of Schwartz to include a curve portion terminating at the head as taught by Abbott in order to obtain the advantage of adding more closure force to press against the heart tissue/septal wall for securing the device to the tissue (Abbott, Para. [0161]). Ton teaches, in the same field of endeavor (implant delivery system), a system comprising: a delivery device (combination of delivery guide 1300 shown in Figs. 13A and 13B and sheath 180, Fig. 10B) comprises an engagement unit (1304, Figs 13A and 13B) configured to be connected to one or more arms (1314, Fig. 13B) of the plurality of arms of an implantable device and to retain the implantable device (Fig. 13B and Paras. [0136]-[0139]), wherein the engagement unit is configured to release the interatrial shunting device upon rotation of the engagement unit (Fig. 13B and Paras. [0136]-[0139] and [0090]). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the delivery device of Schwartz to include an engagement unit configured to be connected to one or more arms of the plurality of arms of the interatrial shunting device and to retain the interatrial shunting device, wherein the engagement unit is configured to release the interatrial shunting device upon rotation of the engagement unit as taught by Ton in order to obtain the advantage of preventing accidentally moving/deploying of the implantable device prior to deployment (Ton, Paras. [0027] and [0100]). Regarding claim 12, in the modified system, the delivery device includes: an outer sheath (Ton sheath 180, Fig. 10B) assembly including a capsule (Ton, distal end portion of sheath 180 serves as a capsule for containing the implantable device, Fig. 10B); and an inner shaft assembly (1304 and/or 1308 with 1310, Fig. 13A) slidably received within the outer sheath assembly and including the engagement unit (also see Fig. 10B); wherein the delivery device is configured to provide a delivery condition in which the engagement unit is connected to the interatrial shunting / implantable device and the capsule encompasses and retains the interatrial shunting / implantable device in the delivery state (Figs. 13B and 10B). Regarding claim 13, in the modified system, the plurality of arms includes a first set of arms extending from the first end of the tube and a second set of arms extending from the second end of the tube (Schwartz, Fig. 10), and further wherein the delivery condition includes the interatrial shunting device located within the capsule such that the second set of arms extends distally from the tube and the first set of arms extends proximally from the tube and one or more arms of the first set of arms of is connected to the engagement unit (Ton, Fig. 10B or 11A). Regarding claim 14, wherein the delivery device of the modified invention is further configured to be transitionable from the delivery state to a partial deployment arrangement in which the second set of arms is distal to the capsule as the second set of arms self-reverts to the deployed state, and the first set of arms is within the capsule and is retained in the delivery state (Schwartz, Fig. 10. Para. [0160]); and transitionable from the partial deployment arrangement to the deployed state in which the first set of arms is distal to the capsule and is released from the engagement unit to self-revert to the deployed state (Ton, Fig. 13B and Paras. [0136]-[0139] and Schwartz, Fig. 10B). Response to Arguments Applicant’s arguments with respect to claim(s) 1-4, 6-8, 10-14, 21, 22, and 24-26 have been considered but are moot in view of new ground(s) of rejection. 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 JING RUI OU whose telephone number is (571)270-5036. The examiner can normally be reached M-F 9:00am -5:00pm. 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, Jackie Ho can be reached at (571) 272-4696. 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. /JING RUI OU/Primary Examiner, Art Unit 3771
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Prosecution Timeline

Show 10 earlier events
Aug 29, 2025
Response after Non-Final Action
Sep 17, 2025
Request for Continued Examination
Sep 27, 2025
Response after Non-Final Action
Mar 11, 2026
Non-Final Rejection mailed — §103, §112
Jun 04, 2026
Applicant Interview (Telephonic)
Jun 10, 2026
Response Filed
Aug 07, 2026
Examiner Interview Summary
Sep 01, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

5-6
Expected OA Rounds
53%
Grant Probability
99%
With Interview (+51.5%)
4y 3m (~1m remaining)
Median Time to Grant
High
PTA Risk
Based on 792 resolved cases by this examiner. Grant probability derived from career allowance rate.

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