Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The Amendment filed 04/13/2026 has been entered. Claims 1-3, 6, 9, 14-15, 19, 21-25, 28-29, and 31-36 remain pending in the application. Claims 19, 21-25, 28-29, and 31 are withdrawn.
Claim Objections
Claim 1 is objected to because of the following informalities: In line 10, it is suggested to recite “with reaction mix” as “with the reaction mix” to improve antecedent basis to the previously established “reaction mix”. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: In line 1, it is suggested to recite “of claim 1 or 2” as “of claim 1”, i.e. delete “or 2”. Appropriate correction is required. Note the current claim does not reflect the previously amended claims filed 11/24/2023. Previously amended claim 3 filed 11/24/2023 recited “apparatus of claim 1 further…”
Claim 6 is objected to because of the following informalities: In line 1, it is suggested to delete “any of”. Appropriate correction is required. Note that the current claim does not reflect the previously amended claims filed 11/24/2023. Previously amended claim 6 filed 11/24/2023 recited “apparatus of claim 1 further…”
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.
Claims 1-3, 6, 9, 32, 34, and 35 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Tang et al. (US 20170173588 A1; cited in the IDS filed 02/14/2024).
Regarding claim 1, Tang teaches an apparatus (abstract) for nucleic acid amplification (abstract; paragraphs [0005],[0035]), the apparatus comprising:
a receptacle (Fig. 16 and paragraph [0131], receiving tube 163) configured to receive a sample (Fig. 16 and paragraph [0131]);
one or more heaters (Fig. 16, paragraph [0130] teaches first and second chambers 104, 105 configured to hold a temperature; paragraphs [0107]-[0108] teaches the multichamber cartridges for thermocycling reactions uses a heater for control of temperature; Fig. 1 shows heaters 12, 13 below chambers 4, 5; [0045],[0054] teaches chambers can be heated by heater blocks; therefore, chambers 104 and 105 of Fig. 16 are implied to comprise heaters);
an amplification chamber (Fig. 16, one of chambers 104 or 105); and
a reaction mix (Fig. 16 and paragraphs [0114],[0131]-[0132] teach buffer solutions; paragraph [0115] and [0121] teaches buffer solutions delivered to the chambers), wherein:
the one or more heaters are configured to heat the reaction mix to a temperature of at least about 60°C (interpreted as a functional limitation, see MPEP 2114; paragraphs [0045],[0054] teaches chambers can be heated by heater blocks; paragraph [0004] teaches maintaining temperatures between 55-65 ° C and 95 ° C; therefore, the reaction mix, i.e. buffer, in the system is capable of being heated to at least 60° C); and
the amplification chamber is configured to combine the sample received from the receptacle with reaction mix after the reaction mix has been heated to the temperature of at least about 60°C (interpreted as a functional limitation, see MPEP 2114; paragraph [0045] teach the chambers can be heated and compressed to mix fluids or propel fluids from one chamber into another chamber; paragraph [0051] teaches the chambers and channels are defined by sealing means, such as a valve, to control opening and closing of the chambers; paragraph [0072] teaches lyophilized master mix reagents can be maintained at 65 ° C and then mixed with a sample fluid to be ready for thermocycling; paragraph [0148] teaches DNA and a master mix can be heated to at least 60 ° C and transferred between each chamber; therefore amplification chamber is structurally capable of combining, e.g. transferring or mixing, a sample with buffers/reagents after the buffers/reagents are heated as claimed).
Note that the sample is not positively recited structurally and is interpreted as a functional limitation of the claimed system. A claim is only limited by positively recited elements; thus, inclusion of the material or article (“sample”) worked upon by a structure (apparatus) being claimed does not impart patentability to the claims (see MPEP 2115).
Note that a functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the functional limitations, then it meets the claim. See MPEP 2114. The apparatus of Tang is identical to the presently claimed structure. Tang discloses the claimed receptacle, heater, amplification chamber, and reaction mix as claimed and therefore, would have the ability to perform the use recited in the claim. See MPEP 2112.01 (I). Moreover, the prior art of Tang teaches the temperatures of the chambers can be heated and maintained at temperatures such as 65 and 95 ° C (paragraphs [0004],[0071]-[0072]), the chambers can be heated and compressed to mix fluids or propel fluids from one chamber into another chamber (paragraph [0045]), and the chambers comprises chambers and channels are defined by sealing means, such as a valve, to control opening and closing of the chambers (paragraph [0051]). Thus, the one or more heaters and the amplification chamber of Tang is structurally capable of heating and combining a sample and reaction mix as claimed.
Regarding claim 2, Tang further teaches wherein the one or more heaters are configured to heat the reaction mix to a temperature of approximately 95°C (interpreted as a functional limitation, see MPEP 2114; paragraphs [0045],[0054] teaches chambers can be heated by heater blocks; paragraph [0004] teaches maintaining temperatures, such as at 95 ° C; therefore, the reaction mix, i.e. buffer, in the system is capable of being heated to approximately 95°C).
Regarding claim 3, Tang further teaches the apparatus of claim 1 or 2 further comprising a diluent (paragraph [0081] teaches a sample can include detergent, therefore the apparatus comprises a diluent; paragraph [0081] teaches the cartridge includes Tween-20, i.e. diluent).
Regarding claim 6, Tang further teaches the apparatus of any of claim 1 further comprising a prefilter (Fig. 16, filter membrane 166; paragraph [0065] teaches a sample is processed through a pre-filter), wherein the prefilter is configured to filter the sample after the sample is received in the receptacle and prior to the sample being introduced into the amplification chamber (interpreted as a functional limitation, see MPEP 2114; paragraph [0065] teaches a sample is processed through a pre-filter prior to purification; paragraph [0133] teaches the filter membrane 166 controls release of a sample to chamber 168, therefore is configured to filter the sample after being received in receiving tube 163 and prior to introduction into one of chambers 104 and 105).
Regarding claim 9, Tang further teaches wherein the reaction mix comprises a polymerase enzyme thermostable DNA polymerase with reverse transcriptase activity (paragraph [0002] teaches the thermocyclers are used to perform PCR; paragraph [0035] teaches selective and repeated amplification using DNA polymerase, such as Taq polymerase, which is a polymerase enzyme thermostable DNA polymerase capable of reverse transcriptase activity; paragraph [0139] teaches reactions include reverse transcription PCR; therefore, the system includes a reaction mix including a polymerase enzyme thermostable DNA polymerase with reverse transcriptase activity for proper reverse transcription PCR).
Regarding claim 35, Tang further teaches the apparatus of claim 3 wherein the diluent comprises a detergent (paragraph [0081] teaches a sample can include detergent, therefore the diluent comprises detergent; paragraph [0081] teaches the cartridge includes Tween-20, i.e. detergent).
Regarding claim 32, Tang teaches an apparatus (abstract) for nucleic acid amplification (abstract; paragraphs [0005],[0035]), the apparatus comprising:
a receptacle (Fig. 16 and paragraph [0131], receiving tube 163) configured to receive a sample (Fig. 16 and paragraph [0131]);
one or more heaters (Fig. 16, paragraph [0130] teaches first and second chambers 104, 105 configured to hold a temperature; paragraphs [0107]-[0108] teaches the multichamber cartridges for thermocycling reactions uses a heater for control of temperature; Fig. 1 shows heaters 12, 13 below chambers 4, 5; [0045],[0054] teaches chambers can be heated by heater blocks; therefore, chambers 104 and 105 of Fig. 16 are implied to comprise heaters);
a mechanical prefilter (Fig. 16, rotating filter membrane 166);
a diluent (paragraph [0081] teaches a sample can include detergent, therefore the apparatus comprises a diluent; paragraph [0081] teaches the cartridge includes Tween-20, i.e. diluent);
a reaction mix (Fig. 16 and paragraphs [0114],[0131]-[0132] teach buffer solutions; paragraph [0115] and [0121] teaches buffer solutions delivered to the chambers); and
an amplification chamber (Fig. 16, one of chambers 104 or 105), wherein:
the amplification chamber is configured to combine the diluent and reaction mix into a mixture and raised to a temperature of at least about 60°C (interpreted as an intended use of the apparatus, see MPEP 2114; paragraphs [0045],[0054] teaches chambers can be heated by heater blocks; paragraph [0045] teach the chambers can be heated and compressed to mix fluids or propel fluids from one chamber into another chamber; paragraph [0072] teaches lyophilized master mix reagents can be maintained at 65 ° C and then mixed with a sample fluid to be ready for thermocycling; paragraph [0148] teaches DNA and a master mix can be heated to at least 60 ° C and transferred between each chamber; therefore amplification chamber is structurally capable of combining, e.g. transferring or mixing, the diluent and reaction mix and raised to the claimed temperature); and
the biological sample is combined with the mixture after the biological sample has reached at least about 60°C (interpreted as an intended use of the apparatus, see MPEP 2114; paragraph [0045] teach the chambers can be heated and compressed to mix fluids or propel fluids from one chamber into another chamber; paragraph [0051] teaches the chambers and channels are defined by sealing means, such as a valve, to control opening and closing of the chambers;; paragraph [0072] teaches lyophilized master mix reagents can be maintained at 65 ° C and then mixed with a sample fluid to be ready for thermocycling; paragraph [0148] teaches DNA and a master mix can be heated to at least 60 ° C and transferred between each chamber; therefore the amplification chamber is structurally capable of combining, e.g. transferring or mixing, a biological sample with buffers/reagents after the buffers/reagents are heated as claimed).
Note that the biological sample is not positively recited structurally and is interpreted as a functional limitation of the claimed system. A claim is only limited by positively recited elements; thus, inclusion of the material or article (“biological sample”) worked upon by a structure (apparatus) being claimed does not impart patentability to the claims (see MPEP 2115).
Note that a functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the functional limitations and intended uses, then it meets the claim. See MPEP 2114. The apparatus of Tang is identical to the presently claimed structure. Tang discloses the claimed mechanical prefilter, diluent, reaction mix, and amplification chamber as claimed and therefore, would have the ability to perform the use recited in the claim. See MPEP 2112.01 (I). Moreover, the prior art of Tang teaches the temperatures of the chambers can be heated and maintained at temperatures such as 65 and 95 ° C (paragraphs [0004],[0071]-[0072]), the chambers can be heated and compressed to mix fluids or propel fluids from one chamber into another chamber (paragraph [0045]), and the chambers comprises chambers and channels are defined by sealing means, such as a valve, to control opening and closing of the chambers (paragraph [0051]). Thus, the amplification chamber of Tang is structurally capable of heating and combining a sample, diluent, and reaction mix as claimed at a later time.
Regarding claim 34, Tang further teaches wherein the reaction mix is lyophilized (paragraph [0072], “Lyophilized “Master Mix” reagents”; paragraph [0127]).
Claim Rejections - 35 USC § 103
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.
In an alternative interpretation of claim 9, claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Tang as applied to claim 1 above.
Regarding claim 9, if it is determined that Tang fails to explicitly teach: wherein the reaction mix comprises a polymerase enzyme thermostable DNA polymerase with reverse transcriptase activity, Tang teaches: the thermocyclers are used to perform PCR (paragraph [0002]); selective and repeated amplification using DNA polymerase, such as Taq polymerase, which is a polymerase enzyme thermostable DNA polymerase capable of reverse transcriptase activity (paragraph [0035]); and performing reactions including reverse transcription PCR (paragraph [0139]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reaction mix of Tang to incorporate the teachings of performing PCR using thermostable DNA polymerase and performing reverse transcription PCR of Tang (paragraphs [0035],[0139]) to provide: wherein the reaction mix comprises a polymerase enzyme thermostable DNA polymerase with reverse transcriptase activity. Doing so would have a reasonable expectation of successfully allowing for performing reverse transcription PCR, therefore improving versatility of the apparatus.
Claims 14-15 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Tang as applied to claims 1 and 32 above, and further in view of Viljoen et al. (US 20100291536 A1; cited in the IDS filed 02/14/2024).
Regarding claim 14, while Tang teaches samples can include blood, urine, saliva, sweat, and mucous (paragraph [0122]), Tang fails to teach wherein the reaction mix contains a reducing agent.
Viljoen teaches a method and device for collecting, treating, and analyzing biological material (abstract). Viljoen teaches treatment includes chemical modification of the source material to promote flow and mixing, lysis of cells to release materials, and transfer to an amplification location (paragraph [0022]). Viljoen teaches a processing device including a well for DNA amplification (paragraph [0032]). Viljoen teaches a source material samples can have high viscosity and may require contacting with a chemical processing agent that will assist mixing to reduce viscosity, such as a reducing agent (paragraph [0035]), wherein the reducing agent can include DTT and TCEP (paragraph [0035]).Viljoen teaches the concentration of reducing agent may be low enough that effective PCR amplification and analysis will not be inhibited (paragraph [0036]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reaction mix of Tang to incorporate the teachings of the use of reducing agents for PCR amplification of Viljoen (paragraphs [0035]-[0036]) to provide: wherein the reaction mix contains a reducing agent (e.g. DTT or TCEP). Doing so would have a reasonable expectation of successfully improving sample processing of samples that may have a high viscosity as taught by Viljoen (paragraphs [0035]-[0036]).
Regarding claim 15, modified Tang teaches wherein the reducing agent comprises dithiothreitol (DTT) or tris(2-carboxyethyl)phosphine) (TCEP) (see above claim 14; Viljoen in combination with Tang teaches a reducing agent such as DTT or TCEP; Viljoen, paragraph [0035], teaches DTT and TCEP).
Regarding claim 33, while Tang teaches samples can include blood, urine, saliva, sweat, and mucous (paragraph [0122]), Tang fails to teach where the reaction mix contains a reducing agent.
Viljoen teaches a method and device for collecting, treating, and analyzing biological material (abstract). Viljoen teaches treatment includes chemical modification of the source material to promote flow and mixing, lysis of cells to release materials, and transfer to an amplification location (paragraph [0022]). Viljoen teaches a processing device including a well for DNA amplification (paragraph [0032]). Viljoen teaches a source material samples can have high viscosity and may require contacting with a chemical processing agent that will assist mixing to reduce viscosity, such as a reducing agent (paragraph [0035]), wherein the reducing agent can include DTT and TCEP (paragraph [0035]).Viljoen teaches the concentration of reducing agent may be low enough that effective PCR amplification and analysis will not be inhibited (paragraph [0036]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the reaction mix of Tang to incorporate the teachings of the use of reducing agents for PCR amplification of Viljoen (paragraphs [0035]-[0036]) to provide: where the reaction mix contains a reducing agent (e.g. DTT or TCEP). Doing so would have a reasonable expectation of successfully improving sample processing of samples that may have a high viscosity as taught by Viljoen (paragraphs [0035]-[0036]).
Claim 36 is rejected under 35 U.S.C. 103 as being unpatentable over Tang as applied to claims 1, and further in view of Vann et al. (US 20050208539 A1).
Regarding claim 36, Tang fails to explicitly teach wherein the amplification chamber (Fig. 16, one of chambers 104 or 105) comprises a piston configured to reciprocate in the amplification chamber.
Tang teaches pistons that reciprocate to move fluids from one chamber to another chamber over multiple cycles (Fig. 1 and paragraph [0053]; Fig. 8, shows plunger 11 reciprocating to move fluid from chamber 5 to 4). Tang teaches an embodiment (Fig. 8) comprising an amplification chamber (Fig. 8, interpreted as the chamber formed by the walls around elements 4 and 5), wherein the chamber comprises plungers configured to reciprocate in the amplification chamber (Fig. 8; paragraphs [0053],[0101]).
Vann teaches a system for detection of target nucleic acid molecules (abstract), including thermal cycling ([0014],[0016]). Vann teaches a chamber, where placement of a piston into the chamber and moving the piston inwardly and outwardly within the chamber is effective to mix a sample with buffer, thus allowing for processing a sample for analysis (paragraph [0196]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the amplification chamber of Tang to incorporate Tang’s teachings of reciprocating pistons to move fluids in chambers (Figs. 1, 9; paragraphs [0053],[0101]) and Vann’s teachings of a reciprocating piston within a chamber to mix a sample and buffer (paragraph [0196]) to provide: the amplification chamber comprises a piston configured to reciprocate in the amplification chamber. Doing so would have a reasonable expectation of successfully improving control of fluid processing, such as improving control of fluid movement and improving mixing of fluid within the amplification chamber.
Response to Arguments
Applicant’s arguments, see page 8, filed 04/13/2026, with respect to drawing objection and rejection under 35 U.S.C. 112(b) have been fully considered and are persuasive. The drawing objection and rejection under 35 U.S.C. 112(b) of 12/12/2025 have been withdrawn.
Applicant's arguments, see pages 8-10, with respect to the rejections under 35 U.S.C. 102 and 103, filed 04/13/2026, have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention of claims 1 and 32, it is noted that the features upon which applicant relies (i.e., “the reaction mix is heated in isolation while structurally prevented from being combined with a sample…structural constraint that would delay introduction of the sample until after the reaction mix has reached at least 60 C…structurally deferred…”; Remarks, page 9) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Additionally, in response to applicant's argument that Tang fails to teach claim 1 requiring “the amplification chamber is configured to combine the sample with reaction mix after the reaction mix has been heated to the temperature of at least about 60°C” and claim 32 requiring that “the amplification chamber is configured to combine the diluent and reaction mix into a mixture and raised to a temperature of at least about 60°C”, a recitation of the functional limitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the functional limitation, then it meets the claim.
With respect to claim 1, Tang teaches: the amplification chamber is configured to combine the sample with reaction mix after the reaction mix has been heated to the temperature of at least about 60°C (interpreted as a functional limitation, see MPEP 2114; paragraph [0045] teach the chambers can be heated and compressed to mix fluids or propel fluids from one chamber into another chamber; paragraph [0051] teaches the chambers and channels are defined by sealing means, such as a valve, to control opening and closing of the chambers; paragraph [0072] teaches lyophilized master mix reagents can be maintained at 65 ° C and then mixed with a sample fluid to be ready for thermocycling; paragraph [0148] teaches DNA and a master mix can be heated to at least 60 ° C and transferred between each chamber; therefore amplification chamber is structurally capable of combining, e.g. transferring or mixing, a sample with buffers/reagents after the buffers/reagents are heated as claimed).
With respect to claim 32, Tang teaches: the amplification chamber is configured to combine the diluent and reaction mix into a mixture and raised to a temperature of at least about 60°C (interpreted as an intended use of the apparatus, see MPEP 2114; paragraphs [0045],[0054] teaches chambers can be heated by heater blocks; paragraph [0045] teach the chambers can be heated and compressed to mix fluids or propel fluids from one chamber into another chamber; paragraph [0072] teaches lyophilized master mix reagents can be maintained at 65 ° C and then mixed with a sample fluid to be ready for thermocycling; paragraph [0148] teaches DNA and a master mix can be heated to at least 60 ° C and transferred between each chamber; therefore amplification chamber is structurally capable of combining, e.g. transferring or mixing, the diluent and reaction mix and raised to the claimed temperature).
Note that the sample is not positively recited structurally and is interpreted as a functional limitation of the claimed system. A claim is only limited by positively recited elements; thus, inclusion of the material or article (“sample”) worked upon by a structure (apparatus) being claimed does not impart patentability to the claims (see MPEP 2115).
Note that a functional recitation of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the functional limitations, then it meets the claim. See MPEP 2114. The apparatus of Tang is identical to the presently claimed structure. Tang discloses the claimed receptacle, heater, amplification chamber, and reaction mix as claimed and therefore, would have the ability to perform the use recited in the claim. See MPEP 2112.01 (I). Moreover, the prior art of Tang teaches the temperatures of the chambers can be heated and maintained at temperatures such as 65 and 95 ° C (paragraphs [0004],[0071]-[0072]), the chambers can be heated and compressed to mix fluids or propel fluids from one chamber into another chamber (paragraph [0045]), and the chambers comprises chambers and channels are defined by sealing means, such as a valve, to control opening and closing of the chambers (paragraph [0051]). Thus, the one or more heaters and the amplification chamber, which includes structures such as a valve, of Tang is structurally capable of heating and combining a sample and reaction mix as claimed.
In response to applicant’s arguments regarding the rejections under 35 U.S.C. 103 (Remarks, pages 9-10), the examiner disagrees for the same reasons as stated above regarding claims 1 and 32.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Thatcher et al. (US 20170122851 A1) teaches devices for collecting and handling samples (abstract). Thatcher teaches a PCR master mix may be pre-heated in blister prior to movement to second-stage wells for second-stage amplification; such preheating may obviate the need for a hot-start component (antibody, chemical, or otherwise) in the second-stage PCR mixture (paragraph [0063]).
Latham et al. (US 20050208510 A1) teaches methods of separating polynucleotides (abstract). Latham teaches methods where DNA was eluted in EDTA that was pre-heated (paragraph [0112]).
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 HENRY H NGUYEN whose telephone number is (571)272-2338. The examiner can normally be reached M-F 7:30A-5:00P.
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, Maris Kessel can be reached at (571) 270-7698. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HENRY H NGUYEN/Primary Examiner, Art Unit 1758
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