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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on October 31st, 2025 has been considered by the examiner.
Response to Amendment
The amendments field December 11th, 2025 have been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 4-7, 13-14, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Körner (US 2017/0059408) in view of Soliz (US 2004/0085542), further in view of Abt (US 2019/0388271).
Regarding claim 1, Körner discloses a system (Figs. 1-2), comprising:
an illumination device (10) comprising an optical fiber (22);
a hyperspectral illumination source ([0134], “The light source can be a source within the ultraviolet spectral range”);
a controller (20);
a modulation device (14) coupled to each of the illumination device, the hyperspectral illumination source, and the controller (as shown in Fig. 1, 14 is connected to 10, 20, and 22), wherein the modulation device is configured to:
receive first source light generated from the hyperspectral illumination source (as shown in Fig. 1, light form 10 is directed to 14 via 12), the first source light comprising a plurality of wavelengths ([0137], “the individual spectral ranges, or spectral components, are time-encoded in the direction of the spectral axis, e.g. they are frequency modulated, e.g. by means of a pulse-width modulation”);
modulate each of the plurality of wavelengths of the first source light with a different frequency to generate second source light (24) having a plurality of frequency modulated wavelengths ([0138], “The individual time modulated spectral components are re-combined, or re-composed, such that a multispectral or hyperspectral light having an addressable spectrum 24 is created”); and
transmit the second source light to the optical fiber (as shown in Fig. 1, modulated light from 14 is directed to fiber 22 via 18), wherein the optical fiber is configured to emit the second source light in the optical fiber from the illumination device to illuminate a tissue (26); and
a first imaging device (32) configured to:
select at least a first frequency associated with a first frequency modulated wavelength of the plurality of frequency modulated wavelengths of the second source light ([0140], “the desired spectral resolution also determines the degree of the frequency modulation.”, [0144], “switching frequency along the spectral axis is subject to a frequency modulation, for example. In case of a periodic encoding, synchronization between the controller of the spatial light modulator and the CMOS camera 32 can be omitted”); and
capture first light returning from the tissue as a result of the first frequency modulated wavelength of the second source light contacting the tissue ([0140], “The camera 32 (as an example of the rasterized detector) acquires a sequence of two-dimensional images of the examined object”), wherein the controller is configured to determine one or more parameters of the tissue based on the first return light ([0109], “0109”, “in particular for rapid and reliable diagnosis, or detection of tumors (status analysis) during surgical interventions”).
Körner does not specifically disclose the tissue being an eye tissue.
However Soliz, in the same field of endeavor because both teach an imaging system, teaches the tissue being an eye tissue ([0003], “The present invention relates to obtaining hyperspectral images of a field of view provided by an optical system. More particularly, the present invention relates to a fundus retinal imaging system that provides early diagnosis of various pathologies of the eye”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner with the tissue being an eye tissue as taught by Soliz, for the purpose of better classifying biochemical profiles and abnormal cellular structures ([0005]).
Modified Körner does not specifically disclose an endoillumination device comprising an optical fiber configured to be inserted into a chamber of an eye; endoillumination device to illuminate an eye tissue within the chamber of the eye.
However Abt, in the same field of endeavor because both teach an illumination system, teaches an endoillumination device (Figs. 1-3, element 102) comprising an optical fiber ([0003], “endoillumination, wherein a light source, such as a fiber optic light”) configured to be inserted into a chamber of an eye ([0035], “a light pipe 102, which provides illumination inside the eye, referred to as endoillumination”); endoillumination device to illuminate an eye tissue within the chamber of the eye ([0035], “a light pipe 102, which provides illumination inside the eye, referred to as endoillumination”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz with the endoillumination device comprising an optical fiber configured to be inserted into a chamber of an eye; endoillumination device to illuminate an eye tissue within the chamber of the eye as taught by Abt, for the purpose of illuminating the inside of an eye for visualizing the internal part of the eye ([0035-0036]).
Regarding claim 4, modified Körner teaches as is set forth in claim 1 rejection above and Körner further discloses wherein the first frequency associated with the first frequency modulated wavelength is selected based on at least one of: (i) one or more parameters of the first imaging device, (ii) a target reflection layer of the eye tissue, (iii) or a wavelength associated with the first frequency modulated wavelength ([0137], “the range of longer waves (e.g. red) can be modulated with the modulation frequency of 10 Hz, whereas the range of shorter waves (e.g. blue) is modulated with the modulation frequency of 30 Hz”).
Regarding claim 5, modified Körner teaches as is set forth in claim 4 rejection above and Körner further discloses wherein the one or more parameters of the first imaging device comprises at least one of: (i) a shutter frequency, (ii) a frame time, or (iii) an aperture ([0143], “In case of a batch of images containing e.g. 60 images, a modulation frequency of 30 Hz, a camera frame rate of 120 Hz with a scanning time of 0.5 s, the frequency resolution is about 1 Hz”).
Regarding claim 6, modified Körner teaches as is set forth in claim 1 rejection above and Körner further discloses wherein the first imaging device (34) is further configured to lock on to the selected first frequency associated with the first frequency modulated wavelength prior to capturing the first return light ([0143], “a modulation frequency of 30 Hz, a camera frame rate of 120 Hz with a scanning time of 0.5 s, the frequency resolution is about 1 Hz … In this case, the hyperspectral frame rate would be 2 frames per second, if the required computing power of the chip integrated in the smart camera (for FFT or other mathematic operations), or of the computer, or processor connected to the camera is sufficient.”, examiner interprets this to mean that the camera 32 locks on to the frequency of 30 Hz and acquires images every half second).
Regarding claim 7, modified Körner teaches as is set forth in claim 6 rejection above and Körner further discloses wherein the first imaging device (32) is configured to lock on to the selected first frequency associated with the first frequency by locking on to a shutter frequency associated with the selected first frequency ([0143], “a modulation frequency of 30 Hz, a camera frame rate of 120 Hz with a scanning time of 0.5 s, the frequency resolution is about 1 Hz … In this case, the hyperspectral frame rate would be 2 frames per second, if the required computing power of the chip integrated in the smart camera (for FFT or other mathematic operations), or of the computer, or processor connected to the camera is sufficient.”, examiner interprets this to mean that the camera 32 locks on to the frequency of 30 Hz and acquires images every half second).
Regarding claim 13, modified Körner teaches as is set forth in claim 1 rejection above and Körner further discloses wherein the first imaging device is a hyperspectral imaging camera ([0062], “possible to provide time-space-modulated electromagnetic radiation for a plurality of imaging and measurement methods and devices, such as for multispectral or hyperspectral cameras”).
Regarding claim 14, Körner discloses a method of operating an optical system (Figs. 1-2) comprising:
receiving first source light (10) generated from a hyperspectral illumination source ([0134], “The light source can be a source within the ultraviolet spectral range”), the first source light comprising a plurality of wavelengths ([0137], “the individual spectral ranges, or spectral components, are time-encoded in the direction of the spectral axis, e.g. they are frequency modulated, e.g. by means of a pulse-width modulation”);
modulating each of the plurality of wavelengths of the first source light with a different frequency to generate second source light (24) having a plurality of frequency modulated wavelengths([0138], “The individual time modulated spectral components are re-combined, or re-composed, such that a multispectral or hyperspectral light having an addressable spectrum 24 is created”);
transmitting the second source light to an optical fiber (22) of an illumination device (as shown in Fig. 1, modulated light from 14 is directed to fiber 22 via 18), so that the second source light in the optical fiber is emitted to illuminate a tissue (26);
selecting, with a first imaging device (32), at least a first frequency associated with a first frequency modulated wavelength of the plurality of frequency modulated wavelengths of the second source light ([0140], “the desired spectral resolution also determines the degree of the frequency modulation.”, [0144], “switching frequency along the spectral axis is subject to a frequency modulation, for example. In case of a periodic encoding, synchronization between the controller of the spatial light modulator and the CMOS camera 32 can be omitted”);
capturing, with the first imaging device, first light returning from the tissue as a result of the first frequency modulated wavelength of the second source light contacting the tissue ([0140], “The camera 32 (as an example of the rasterized detector) acquires a sequence of two-dimensional images of the examined object”); and
determining one or more parameters of the tissue based on the first return light ([0109], “0109”, “in particular for rapid and reliable diagnosis, or detection of tumors (status analysis) during surgical interventions”).
Körner does not specifically disclose the tissue being an eye tissue.
However Soliz, in the same field of endeavor because both teach an imaging system, teaches the tissue being an eye tissue ([0003], “The present invention relates to obtaining hyperspectral images of a field of view provided by an optical system. More particularly, the present invention relates to a fundus retinal imaging system that provides early diagnosis of various pathologies of the eye”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner with the tissue being an eye tissue as taught by Soliz, for the purpose of better classifying biochemical profiles and abnormal cellular structures ([0005]).
Modified Körner does not specifically disclose an endoillumination device comprising an optical fiber configured to be inserted into a chamber of an eye.
However Abt, in the same field of endeavor because both teach an illumination system, teaches an endoillumination device (Figs. 1-3, element 102) comprising an optical fiber ([0003], “endoillumination, wherein a light source, such as a fiber optic light”) configured to be inserted into a chamber of an eye ([0035], “a light pipe 102, which provides illumination inside the eye, referred to as endoillumination”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz with the endoillumination device comprising an optical fiber configured to be inserted into a chamber of an eye as taught by Abt, for the purpose of illuminating the inside of an eye for visualizing the internal part of the eye ([0035-0036]).
Regarding claim 17, modified Körner teaches as is set forth in claim 14 rejection above and Körner further discloses wherein the first frequency associated with the first frequency modulated wavelength is selected based on at least one of: (i) one or more parameters of the first imaging device, (ii) a target reflection layer of the eye tissue, (iii) or a wavelength associated with the first frequency modulated wavelength ([0137], “the range of longer waves (e.g. red) can be modulated with the modulation frequency of 10 Hz, whereas the range of shorter waves (e.g. blue) is modulated with the modulation frequency of 30 Hz”).
Regarding claim 18, modified Körner teaches as is set forth in claim 17 rejection above and Körner further discloses wherein the one or more parameters of the first imaging device comprises at least one of: (i) a shutter frequency, (ii) a frame time, or (iii) an aperture ([0143], “In case of a batch of images containing e.g. 60 images, a modulation frequency of 30 Hz, a camera frame rate of 120 Hz with a scanning time of 0.5 s, the frequency resolution is about 1 Hz”).
Regarding claim 19, modified Körner teaches as is set forth in claim 14 rejection above and Körner further discloses further comprising locking on, with the first imaging device (34), to the selected first frequency associated with the first frequency modulated wavelength prior to capturing the first return light ([0143], “a modulation frequency of 30 Hz, a camera frame rate of 120 Hz with a scanning time of 0.5 s, the frequency resolution is about 1 Hz … In this case, the hyperspectral frame rate would be 2 frames per second, if the required computing power of the chip integrated in the smart camera (for FFT or other mathematic operations), or of the computer, or processor connected to the camera is sufficient.”, examiner interprets this to mean that the camera 32 locks on to the frequency of 30 Hz and acquires images every half second).
Regarding claim 20, modified Körner teaches as is set forth in claim 19 rejection above and Körner further discloses wherein locking on to the selected first frequency associated with the first frequency comprises locking on to a shutter frequency associated with the selected first frequency ([0143], “a modulation frequency of 30 Hz, a camera frame rate of 120 Hz with a scanning time of 0.5 s, the frequency resolution is about 1 Hz … In this case, the hyperspectral frame rate would be 2 frames per second, if the required computing power of the chip integrated in the smart camera (for FFT or other mathematic operations), or of the computer, or processor connected to the camera is sufficient.”, examiner interprets this to mean that the camera 32 locks on to the frequency of 30 Hz and acquires images every half second).
Claims 2-3 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Körner (US 2017/0059408) in view of Soliz (US 2004/0085542), further in view of Abt (US 2019/0388271) and Morse (US 2007/0156021).
Regarding claim 2, modified Körner teaches as is set forth in claim 1 rejection above and Körner further discloses further comprising a second imaging device (30) comprising an objective lens ([0139], “imaging optical system 30 (comprising e.g. a lens)”).
Körner does not specifically disclose the second imaging device being configured to: adjust a focal length of the objective lens based on the first frequency associated with the first frequency modulated wavelength; and generate an enlarged image of the eye tissue based on the first return light passing through the objective lens with the adjusted focal length.
However Morse, in the same field of endeavor because both teach an imaging system, teaches the second imaging device ([0024], “an adjustable lens such as a fluid lens is that a user can have the benefit of multiple optical configurations in a single apparatus”) being configured to: adjust a focal length of the objective lens based on the first frequency associated with the first frequency modulated wavelength ([0125], “adjusting the focal length of the fluid lens to maximize the resulting high frequency components of that transformed image”); and generate an enlarged image of the eye tissue based on the first return light passing through the objective lens with the adjusted focal length ([0138], “The fluid lens is placed behind the removable tip and in front of the imager. This fluid lens is used to perform auto-focusing by applying a voltage and changing the shape of the interface between the two fluids. FIG. 10b shows another embodiment of an endoscope according to the invention where a zoom fluid lens is used at the entrance of the distal end fixed portion”, by being a zoom fluid lens, the lens will enlarge the object).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz further in view of Abt with the second imaging device being configured to: adjust a focal length of the objective lens based on the first frequency associated with the first frequency modulated wavelength; and generate an enlarged image of the eye tissue based on the first return light passing through the objective lens with the adjusted focal length as taught by Morse, for the purpose of having multiple optical configurations in a single apparatus ([0024]).
Regarding claim 3, modified Körner teaches as is set forth in claim 2 rejection above and Körner further discloses wherein the first imaging device (32) is configured to capture the first return light (28) after the first return light has passed through the second imaging device (30, as shown in Fig. 1, light passes through 30 before reaching 32).
Regarding claim 15, modified Körner teaches as is set forth in claim 14 rejection above but does not specifically disclose further comprising: adjusting a focal length of an objective lens of a second imaging device based on the first frequency associated with the first frequency modulated wavelength; and generating, with the second imaging device, an enlarged image of the eye tissue based on the first return light passing through the objective lens with the adjusted focal length.
However Morse, in the same field of endeavor because both teach an imaging system, teaches further comprising: adjusting a focal length of an objective lens of a second imaging device ([0024], “an adjustable lens such as a fluid lens is that a user can have the benefit of multiple optical configurations in a single apparatus”) based on the first frequency associated with the first frequency modulated wavelength ([0125], “adjusting the focal length of the fluid lens to maximize the resulting high frequency components of that transformed image”); and generating, with the second imaging device, an enlarged image of the eye tissue based on the first return light passing through the objective lens with the adjusted focal length ([0138], “The fluid lens is placed behind the removable tip and in front of the imager. This fluid lens is used to perform auto-focusing by applying a voltage and changing the shape of the interface between the two fluids. FIG. 10b shows another embodiment of an endoscope according to the invention where a zoom fluid lens is used at the entrance of the distal end fixed portion”, by being a zoom fluid lens, the lens will enlarge the object).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz further in view of Abt with the further comprising: adjusting a focal length of an objective lens of a second imaging device based on the first frequency associated with the first frequency modulated wavelength; and generating, with the second imaging device, an enlarged image of the eye tissue based on the first return light passing through the objective lens with the adjusted focal length as taught by Morse, for the purpose of having multiple optical configurations in a single apparatus ([0024]).
Regarding claim 16, modified Körner teaches as is set forth in claim 15 rejection above and Körner further discloses wherein the first light returning from the eye tissue is captured with the first imaging device (32) after the first return light (28) has passed through the second imaging device (30, as shown in Fig. 1, light passes through 30 before reaching 32).
Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Körner (US 2017/0059408) in view of Soliz (US 2004/0085542), further in view of Abt (US 2019/0388271) and Tripathi (US 2021/0169324).
Regarding claim 8, modified Körner teaches as is set forth in claim 1 rejection above but does not specifically disclose wherein the one or more parameters of the eye tissue comprises at least one of (i) a thickness or (ii) a roughness.
However Tripathi, in the same field of endeavor because both teach an imaging system, teaches wherein the one or more parameters of the eye tissue comprises at least one of (i) a thickness or (ii) a roughness ([0088], “The front and rear surfaces of the eye E captured by the OCT module 14 may be separately extracted, and a respective topographic map generated for each such surface”, a topographical map will show differences in thickness of the eye tissue).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz further in view of Abt with the wherein the one or more parameters of the eye tissue comprises at least one of (i) a thickness or (ii) a roughness as taught by Tripahti, for the purpose of producing improved patient outcomes ([0004]).
Regarding claim 9, modified Körner teaches as is set forth in claim 1 rejection above but does not specifically disclose wherein the first imaging device is further configured to: select at least a second frequency associated with a second frequency modulated wavelength of the plurality of frequency modulated wavelengths of the second source light; and capture second light returning from the eye tissue as a result of the second frequency modulated wavelength of the second source light contacting the eye tissue.
However Tripathi, in the same field of endeavor because both teach an imaging system, teaches wherein the first imaging device is further configured to: select at least a second frequency associated with a second frequency modulated wavelength of the plurality of frequency modulated wavelengths of the second source light ([0075], “the second set of volumetric data may be configured to be updated at a second frequency”); and capture second light returning from the eye tissue as a result of the second frequency modulated wavelength of the second source light contacting the eye tissue ([0003], “The second set of volumetric data includes first and second (e.g. left and right) views of the target site”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz further in view of Abt with the wherein the first imaging device is further configured to: select at least a second frequency associated with a second frequency modulated wavelength of the plurality of frequency modulated wavelengths of the second source light; and capture second light returning from the eye tissue as a result of the second frequency modulated wavelength of the second source light contacting the eye tissue as taught by Tripahti, for the purpose of producing improved patient outcomes ([0004]).
Regarding claim 10, modified Körner teaches as is set forth in claim 9 rejection above but does not specifically disclose wherein the first imaging device is further configured to: generate a first image of the eye tissue, based on the first return light; and generate a second image of the eye tissue, based on the second return light.
However Tripathi, in the same field of endeavor because both teach an imaging system, teaches wherein the first imaging device is further configured to: generate a first image of the eye tissue, based on the first return light ([0045], “the OCT module 14 is configured to obtain a first set of volumetric data of the target site 16”); and generate a second image of the eye tissue, based on the second return light ([0045], “the stereoscopic visualization camera 12 is configured to obtain a second set of volumetric data of the target site 16”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz further in view of Abt and Tripathi with the wherein the first imaging device is further configured to: generate a first image of the eye tissue, based on the first return light; and generate a second image of the eye tissue, based on the second return light as taught by Tripahti, for the purpose of producing improved patient outcomes ([0004]).
Regarding claim 11, modified Körner teaches as is set forth in claim 10 rejection above but does not specifically disclose wherein the controller is configured to generate topographical information associated with the eye tissue, based on the first image and the second image.
However Tripathi, in the same field of endeavor because both teach an imaging system, teaches wherein the controller is configured to generate topographical information associated with the eye tissue, based on the first image and the second image ([0088], “a respective topographic map generated for each such surface and overlaid with the view from the 2D visualization modules V1, V2 of the stereoscopic visualization camera 12,”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz further in view of Abt and Tripathi with the wherein the controller is configured to generate topographical information associated with the eye tissue, based on the first image and the second image as taught by Tripahti, for the purpose of producing improved patient outcomes ([0004]).
Regarding claim 12, modified Körner teaches as is set forth in claim 11 rejection above but does not specifically disclose wherein the topographical information comprises an image overlay of the first image with the second image.
However Tripathi, in the same field of endeavor because both teach an imaging system, teaches wherein the topographical information comprises an image overlay of the first image with the second image ([0151], “Registering the first set of volumetric data with the second set of volumetric data may include aligning a local area of interest in the first set of volumetric data in position, orientation and size with the second set of volumetric data. For example, referring to FIG. 5, the local area of interest may include a corneal limbus 332 and a scleral vasculature 334.”, examiner interprets this to meant that the first and second sets of data from the two frequencies are overlaid to produce the topographical data of Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have the system of Körner in view of Soliz further in view of Abt and Tripathi with the wherein the topographical information comprises an image overlay of the first image with the second image as taught by Tripahti, for the purpose of producing improved patient outcomes ([0004]).
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 MATTHEW Y LEE whose telephone number is (571)272-3526. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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/MATTHEW Y LEE/Examiner, Art Unit 2872 25 February 2026