DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
As of the reply filed 7/08/2026, claims 1-23 are pending. Claims 1, 3, 16-17, 19, and 23 have been amended.
Response to Arguments
The drawings filed 7/08/2026 have overcome the previously filed drawing objections, therefore these objections are withdrawn.
The amendments to claims 3, 16-17, and 23 have overcome the previously filed claim objections, therefore these objections are withdrawn.
Applicant’s arguments with respect to claims 1-23 have been considered but are moot because the new ground of rejection relies upon new references and a new combination of references to disclose and teach the amended limitations.
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.
Claims 1-23 are rejected under 35 U.S.C. 103 as being unpatentable over Machold et al. (US PGPub 2016/0067043 A1) in view of De Pablo Pena et al. (US PGPub 2017/0035591 A1), Celermajer et al. (US PGPub 2013/0267885 A1), and Orlov (US PGPub 2010/0298930 A1).
With respect to claim 1, Machold et al. discloses a method for traversing a vessel wall (see Figs. 10A-C where the wall of the left atrium is being traversed) comprising:
advancing a catheter (40 in Fig. 24, see also Fig. 37A) into a first anatomical lumen having a vessel wall to a first location (PP [0165]: “the GCV catheter 40 is steered through the vasculature into the right atrium. The GCV catheter 40 is then steered through the coronary sinus and into the great cardiac vein”), the catheter (40) comprising a lumen extending along a length of the catheter (see lumen 52 in Fig. 37A), a distally disposed opening (58);
stabilizing the catheter (40) within the first lumen at the first location (see catheter 40 in Fig. 40 stabilized within the great cardiac vein);
advancing a penetrating guidewire (sharp tipped guidewire 105 in Figs. 45A-B) along the lumen of the catheter (40) toward the distally disposed opening (unmarked in Figs. 45A-B, see 58 in Fig. 37A) to the first location, wherein the penetrating guidewire (105 in Figs. 45A-B) comprises a tip; and
penetrating the vessel wall by advancing the penetrating guidewire (105 in Figs. 45A-B) out of the distally disposed opening (unmarked in Figs. 45A-B, see 58 in Fig. 37A) and traversing the vessel wall into a second anatomical lumen or tissue, thereby traversing the vessel wall (PP [0227]: “As best seen in FIGS. 45A and 45B, a sharp-tipped guide wire 105 is advanced through the GCV catheter 40 to the internal wall of the great cardiac vein. The sharp-tipped guide wire 105 is further advanced until it punctures or pierces the wall of the great cardiac vein and the left atrium”).
However, Machold et al. fails to disclose:
a stabilizing element, wherein the catheter is stabilized within the first lumen via the stabilizing element;
wherein the penetrating guidewire comprises a tip having shape memory and configured to transition from a first generally straight configuration, in which the penetrating guidewire penetrates the vessel wall, to a second bent configuration forming a capture structure upon crossing the vessel wall; and
advancing the penetrating guidewire out of the distally disposed opening in the first generally straight configuration, the tip transitioning to the second bent configuration to form the capture structure after the tip crosses the vessel wall.
In the related field of coronary bypasses (PP [0002]), which is related as it similarly pertains to creating a connection between two separate vessels through their respective walls, De Pablo Pena et al. teaches a method including crossing a vessel wall with a guidewire (30 in Fig. 8), wherein the guidewire transitions from a first generally straight configuration (see generally straight guidewire 30 in Fig. 6) to a second bent configuration forming a capture structure (see bent configuration of 30 in Fig. 8, captured by 310) upon crossing the vessel wall.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have modified the Machold et al. method according to the teachings of De Pablo Pena et al. to incorporate the capture structure as claimed. One of ordinary skill in the art would have been motivated to perform this modification because it is a simple substitution of capture structures that would have yielded predictable results. Replacing the magnetic capture features disclosed by Machold et al. with the hooked guidewire as taught by De Pablo Pena et al. would not have altered the main operating principle of the Machold et al. device, as it would still facilitate the crossing and capture of the penetrating guidewire, but it would have simply and predictably altered the method of guidewire capture by replacing the magnetic-tipped LA catheter (60 in Fig. 45A) with the second catheter (11 in Fig. 7) and lasso (310) of De Pablo Pena et al. to accomplish the same result.
However, Machold et al. as modified by De Pablo Pena et al. further fails to disclose:
a stabilizing element, wherein the catheter is stabilized within the first lumen via the stabilizing element;
wherein the penetrating guidewire comprises a tip having shape memory.
In the related field of treating heart failure (abstract), which is relevant to the present disclosure as it pertains to surgical operations within the atria of the heart involving guidewires, Celermajer et al. teaches a method of inserting a guidewire comprising a hooked structure (102 in Fig. 1) into the left atria, wherein the guidewire (102) comprises a tip having shape memory (PP [0041]: “the guide wire 102 is a 0.9 mm (0.035'') J-curve nitinol wire”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have further modified the combination as proposed to include the teachings of Celermajer et al. and incorporate wherein the guidewire comprises a tip having shape memory. One of ordinary skill in the art would have been motivated to perform this modification in order to facilitate the formation of the distal capture section as taught by De Pablo Pena et al. and also “in order to prevent the user from accidentally puncturing the wall of the left atrium 110” (Celermajer et al. PP [0041]) upon insertion through the vessel wall after exiting the catheter. The modification as proposed would not have altered the main operating principle of the Machold et al. or De Pablo Pena et al. methods, but would have simply altered the material of the penetrating guidewire to facilitate the distal curvature contemplated by the De Pablo Pena et al. reference.
However, Machold et al. as modified by De Pablo Pena et al. and Celermajer et al. further fails to disclose a stabilizing element, wherein the catheter is stabilized within the first lumen via the stabilizing element.
In the same field of heart procedures involving access through the left atrium (see 24 in Fig. 6F), Orlov teaches a method including advancing a catheter (78) to a target area through a vein (52 is the coronary sinus), and further teaches stabilizing the catheter within the vein (52) via a stabilizing element (90, PP [0171]: “an inflatable balloon 90 configured to function as a reversible anchoring component. When balloon 90 is in a first state (not or only slightly inflated) balloon 90 has a low profile allowing passage through the vascular system. When balloon 90 is in a second state (inflated), the walls of balloon 90 expand outwards and adopt a higher profile. When balloon 90 is found in a coronary sinus 52 in the second inflated state (FIGS. 5D and 5E), balloon 90 engages the luminal walls of coronary sinus 52, stabilizing the position of distal end 76 and side port 82 inside coronary sinus 52”) prior to puncturing the vessel wall (see 100 pierce left atrium 24 in Fig. 6F).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have further modified the combination as proposed to include the teachings of Orlov and incorporate the stabilizing element for stabilizing the catheter within the first lumen. One of ordinary skill in the art would have been motivated to perform this modification in order to anchor the catheter system in place within the first lumen prior to puncturing the vessel wall, which would improve the efficiency of the procedure and prevent slippage or potential harm to the patient’s vasculature. Furthermore, since the preceding combination of Machold et al. and De Pablo Pena et al. replaces the magnetic catheter capture system of the Machold et al. reference, providing an alternate way to ensure that the catheter remains aligned and in place “even should the body structure encounter movement” (see claim 2 of Machold et al.) would not alter the main operating principle of the Machold et al. method.
Regarding claim 2, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the stabilizing element (90 in Fig. 6A of Orlov) comprises an expandable balloon or stent (PP [0211]: “Balloon 90 inflated to a second anchoring state to stabilize the position of distal end 76 and side port 82 in coronary sinus 52 as described above for device 70 and depicted in FIG. 6D”).
Regarding claim 3, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the capture structure (see bent configuration of 30 in Fig. 8 of De Pablo Pena et al., captured by 310) comprises a hook or a loop structure (30 forms a hook structure in Fig. 8), and optionally wherein the hook or the loop comprises a bent section having an angle of greater than about 90, 100, 110, 120, 130, 140, 150, 160, 170, 180 or 190 degrees (see Fig. 8, 30 bends greater than 90 degrees relative to the straight portion of 30 within the vessel).
Regarding claim 4, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses advancing a first anchor (120 in Fig. 36B of Machold et al.) to the first location via the lumen of the catheter (PP [0219]: “A posterior bridge stop, such as a T-shaped bridge stop 120 is preferably connected to the trailing end of bridging element 12 extending from the superior vena cava sheath”, PP [0227]: “The sharp-tipped guide wire 105 is further advanced until it punctures or pierces the wall of the great cardiac vein and the left atrium, and enters the funneled end 212 within the LA catheter head 210. The sharp-tipped guide wire 105 is advanced further until it exits the proximal end of the LA catheter 60. Both the GCV catheter 40 and the LA catheter 60 may now be removed, leaving the GCV guide wire 54 and the sharp-tipped guide wire 105 in place. The posterior T-shaped bridge stop 120 is now implanted via the GCV approach, as previously described, and as shown in FIGS. 35A to 36B”).
Regarding claim 5, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the first anchor (120 in Fig. 36B of Machold et al.) includes a bridging element (12) coupled to the anchor at a first end of the bridging element (PP [0219]: “A posterior bridge stop, such as a T-shaped bridge stop 120 is preferably connected to the trailing end of bridging element 12 extending from the superior vena cava sheath”).
Regarding claim 6, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses advancing a second end of the bridging element (12 in Fig. 36B of Machold et al.) through the penetrated vessel wall at the first location (see Fig. 29).
Regarding claim 7, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses advancing a second anchor (20 in Fig. 29 of Machold et al.) to a second location within or proximate the second lumen and deploying the second anchor at the second location (see Fig. 29, 20 is deployed at the second location within the right atrium), wherein the first anchor (120) is coupled to the first end of the bridging element (12) and the second anchor (20) is coupled to the second end of the bridging element (12).
Regarding claim 8, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses tensioning the bridging element (12 in Fig. 29 of Machold et al., PP [0230]: “the bridging element 12 is adjusted to proper tension”).
Regarding claim 9, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the first location (where 120 is anchored in Fig. 29 of Machold et al.) is proximate a heart chamber (120 is proximate the left atrium).
Regarding claim 10, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the second location (where 20 is anchored in Fig. 29 of Machold et al.) is within or proximate the heart chamber (24 is a left atrium, within a heart chamber).
Regarding claim 11, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the heart chamber is the left atrium (see left atrium in Fig. 29 of Machold et al.) and the first location (location near 120) is within a great cardiac vein (PP [0219]: “to advance the T-shaped bridge stop 120 and bridging element 12 into position in the great cardiac vein”).
Regarding claim 12, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the bridging element (12 in Fig. 29 of Machold et al.) spans the heart chamber (12 stretches across the left atrium) and tensioning of the bridging element (12) reshapes the heart chamber (PP [0209]: “After first putting tension on the bridging element 12, the implant 10 and associated regions may be allowed to settle for a predetermined amount of time, e.g., five seconds. The mitral valve and its associated mitral valve regurgitation are then observed for desired therapeutic effects. The tension on the bridging element 12 may be repeatably adjusted following these steps until a desired result is achieved”).
Regarding claim 13, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses coupling a guidewire (31 with snare 310 in Fig. 8 of De Pablo Pena et al.) to the capture structure (30).
Regarding claim 14, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the first anchor (120 in Fig. 29 of Machold et al.) is advanced to the first location via a guidewire (74, PP [0196]: “The deployment catheter 24 is then positioned onto the LA guide wire 74 (which remains in position and extends into the great cardiac vein) and is used to push the T-shaped bridge stop 120 through the Mullins catheter 26”).
Regarding claim 15, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses releasing the first anchor (120 in Fig. 29 of Machold et al.) from the guidewire (74) by withdrawing the guidewire (74) along the lumen of the catheter (PP [0196]: “The deployment catheter 24 and the guide wire 74 are then withdrawn just to the left atrium wall. The T-shaped bridge stop 120 and the attached bridging element 12 remain within the great cardiac vein”).
Regarding claim 16, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses determining the depth of insertion of the catheter (40 in Fig. 24) into the first lumen to determine the first location (PP [0185]: “The GCV catheter 40 is then advanced over the GCV guide wire 54 to a location in the great cardiac vein, for example near the center of the posterior leaflet or posterior mitral valve annulus (see FIG. 23). The desired position for the GCV catheter 40 may also be viewed as approximately 2 to 6 centimeters from the anterior intraventricular vein takeoff”).
With respect to claim 17, Machold et al. discloses a method of treating mitral valve regurgitation in a subject (see PP [0002]) comprising:
inserting, through a vascular access site (PP [0163]: “Percutaneous vascular access is achieved by conventional methods into the femoral or jugular vein”), a catheter (40 in Fig. 40), and advancing the catheter (40) along a first anatomical lumen having a vessel wall to a first location proximate a heart of the subject (see Fig. 23 where 40 extends through great cardiac vein), the catheter (40) comprising a lumen extending along a length of the catheter (see lumen 52 in Fig. 37A), a distally disposed opening (58);
advancing a penetrating guidewire (105 in Fig. 45A) along the lumen of the catheter (40) toward the distally disposed opening to the first location (the first location is where 105 punctures the vessel wall);
penetrating the vessel wall by advancing the penetrating guidewire (105) out of the distally disposed opening (see Fig. 45A) and traversing the vessel wall into a heart chamber (see Figs. 26-27, PP [0227]: “The sharp-tipped guide wire 105 is further advanced until it punctures or pierces the wall of the great cardiac vein and the left atrium”), wherein the penetrating guidewire (105) comprises a tip (see sharp tip in Fig. 45A);
advancing a first anchor (120 in Fig. 29) to the first location via the lumen of the catheter (40), wherein the first anchor (120) is coupled to first end of a bridging element (12);
advancing a second end of the bridging element (12) through the penetrated vessel wall at the first location (see Fig. 29, 12 extends through the first location wall);
advancing a second anchor (20) along the bridging element (12) and deploying the second anchor (20) at a second location in or proximate the heart (see Fig. 29 where 20 is located at fossa ovalis 30), the bridging element (12) spanning across the heart chamber (12 spans the left atrium, see Fig. 33).
However, Machold et al. fails to disclose:
a stabilizing element, wherein the catheter is stabilized within the first lumen via the stabilizing element;
wherein the penetrating guidewire comprises a tip having shape memory and configured to transition from a first generally straight configuration, in which the penetrating guidewire penetrates the vessel wall, to a second bent configuration forming a capture structure upon crossing the vessel wall; and
advancing the penetrating guidewire out of the distally disposed opening in the first generally straight configuration, the tip transitioning to the second bent configuration to form the capture structure after the tip crosses the vessel wall.
In the related field of coronary bypasses (PP [0002]), which is related as it similarly pertains to creating a connection between two separate vessels through their respective walls, De Pablo Pena et al. teaches a method including crossing a vessel wall with a guidewire (30 in Fig. 8), wherein the guidewire transitions from a first generally straight configuration (see generally straight guidewire 30 in Fig. 6) to a second bent configuration forming a capture structure (see bent configuration of 30 in Fig. 8, captured by 310) upon crossing the vessel wall.
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have modified the Machold et al. method according to the teachings of De Pablo Pena et al. to incorporate the capture structure as claimed. One of ordinary skill in the art would have been motivated to perform this modification because it is a simple substitution of capture structures that would have yielded predictable results. Replacing the magnetic capture features disclosed by Machold et al. with the hooked guidewire as taught by De Pablo Pena et al. would not have altered the main operating principle of the Machold et al. device, as it would still facilitate the crossing and capture of the penetrating guidewire, but it would have simply and predictably altered the method of guidewire capture by replacing the magnetic-tipped LA catheter (60 in Fig. 45A) with the second catheter (11 in Fig. 7) and lasso (310) of De Pablo Pena et al. to accomplish the same result.
However, Machold et al. as modified by De Pablo Pena et al. further fails to disclose:
a stabilizing element, wherein the catheter is stabilized within the first lumen via the stabilizing element;
wherein the penetrating guidewire comprises a tip having shape memory.
In the related field of treating heart failure (abstract), which is relevant to the present disclosure as it pertains to surgical operations within the atria of the heart involving guidewires, Celermajer et al. teaches a method of inserting a guidewire comprising a hooked structure (102 in Fig. 1) into the left atria, wherein the guidewire (102) comprises a tip having shape memory (PP [0041]: “the guide wire 102 is a 0.9 mm (0.035'') J-curve nitinol wire”).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have further modified the combination as proposed to include the teachings of Celermajer et al. and incorporate wherein the guidewire comprises a tip having shape memory. One of ordinary skill in the art would have been motivated to perform this modification in order to facilitate the formation of the distal capture section as taught by De Pablo Pena et al. and also “in order to prevent the user from accidentally puncturing the wall of the left atrium 110” (Celermajer et al. PP [0041]) upon insertion through the vessel wall after exiting the catheter. The modification as proposed would not have altered the main operating principle of the Machold et al. or De Pablo Pena et al. methods, but would have simply altered the material of the penetrating guidewire to facilitate the distal curvature contemplated by the De Pablo Pena et al. reference.
However, Machold et al. as modified by De Pablo Pena et al. and Celermajer et al. further fails to disclose a stabilizing element, wherein the catheter is stabilized within the first lumen via the stabilizing element.
In the same field of heart procedures involving access through the left atrium (see 24 in Fig. 6F), Orlov teaches a method including advancing a catheter (78) to a target area through a vein (52 is the coronary sinus), and further teaches stabilizing the catheter within the vein (52) via a stabilizing element (90, PP [0171]: “an inflatable balloon 90 configured to function as a reversible anchoring component. When balloon 90 is in a first state (not or only slightly inflated) balloon 90 has a low profile allowing passage through the vascular system. When balloon 90 is in a second state (inflated), the walls of balloon 90 expand outwards and adopt a higher profile. When balloon 90 is found in a coronary sinus 52 in the second inflated state (FIGS. 5D and 5E), balloon 90 engages the luminal walls of coronary sinus 52, stabilizing the position of distal end 76 and side port 82 inside coronary sinus 52”) prior to puncturing the vessel wall (see 100 pierce left atrium 24 in Fig. 6F).
It would have been prima facie obvious for one of ordinary skill in the art before the effective filing date to have further modified the combination as proposed to include the teachings of Orlov and incorporate the stabilizing element for stabilizing the catheter within the first lumen. One of ordinary skill in the art would have been motivated to perform this modification in order to anchor the catheter system in place within the first lumen prior to puncturing the vessel wall, which would improve the efficiency of the procedure and prevent slippage or potential harm to the patient’s vasculature. Furthermore, since the preceding combination of Machold et al. and De Pablo Pena et al. replaces the magnetic catheter capture system of the Machold et al. reference, providing an alternate way to ensure that the catheter remains aligned and in place “even should the body structure encounter movement” (see claim 2 of Machold et al.) would not alter the main operating principle of the Machold et al. method.
Regarding claim 18, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the stabilizing element (90 in Fig. 6A of Orlov) comprises an expandable balloon or stent (PP [0211]: “Balloon 90 inflated to a second anchoring state to stabilize the position of distal end 76 and side port 82 in coronary sinus 52 as described above for device 70 and depicted in FIG. 6D”).
Regarding claim 19, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the capture structure (see bent configuration of 30 in Fig. 8 of De Pablo Pena et al., captured by 310) comprises a hook or a loop structure (30 forms a hook structure in Fig. 8), and optionally wherein the hook or the loop comprises a bent section having an angle of greater than about 90, 100, 110, 120, 130, 140, 150, 160, 170, 180 or 190 degrees (see Fig. 8, 30 bends greater than 90 degrees relative to the straight portion of 30 within the vessel).
Regarding claim 20, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the heart chamber is the left atrium (see left atrium in Fig. 29 of Machold et al.) and the first location (location near 120) is within a great cardiac vein (PP [0219]: “to advance the T-shaped bridge stop 120 and bridging element 12 into position in the great cardiac vein”).
Regarding claim 21, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses wherein the first anchor (120 in Fig. 29 of Machold et al.) is advanced to the first location via a guidewire (74, PP [0196]: “The deployment catheter 24 is then positioned onto the LA guide wire 74 (which remains in position and extends into the great cardiac vein) and is used to push the T-shaped bridge stop 120 through the Mullins catheter 26”).
Regarding claim 22, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses releasing the first anchor (120 in Fig. 29 of Machold et al.) from the guidewire (74) by withdrawing the guidewire (74) along the lumen of the catheter (PP [0196]: “The deployment catheter 24 and the guide wire 74 are then withdrawn just to the left atrium wall. The T-shaped bridge stop 120 and the attached bridging element 12 remain within the great cardiac vein”).
Regarding claim 23, Machold et al. as modified by De Pablo Pena et al., Celermajer et al., and Orlov further discloses determining the depth of insertion of the catheter (40 in Fig. 24) into the first lumen to determine the first location (PP [0185]: “The GCV catheter 40 is then advanced over the GCV guide wire 54 to a location in the great cardiac vein, for example near the center of the posterior leaflet or posterior mitral valve annulus (see FIG. 23). The desired position for the GCV catheter 40 may also be viewed as approximately 2 to 6 centimeters from the anterior intraventricular vein takeoff”).
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 Bridget E. Rabaglia whose telephone number is (571)272-2908. The examiner can normally be reached Monday - Thursday, 7am - 5pm.
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/BRIDGET E. RABAGLIA/Examiner, Art Unit 3771
/TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771
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