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
In the reply filed 6/3/26, applicant amended claims 1, 3, 6-8, and 20, cancelled claims 4 and 10, and added new claims 24-25. Claims 1-3, 5-9, and 11-25 are currently pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-9, and 11-25 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. The rejection below has been modified in view of Applicant’s amendments to the claims.
Claims 1-3, 5-7, 9, 11-12, and 14-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fulton (US 2011/0282274).
With respect to Claim 1, Fulton teaches a perfusion stent (see the embodiments of Figures 13B-C and 16) implantable within a body lumen, the stent comprising:
a radially compressible and self-expandable elongated body 80/110 (80 in Figures 13B-C; 110 in Figure 16) comprising a laser-cut (paragraph [0060]), self-expandable frame (paragraphs [0044], [0083, and [0089]), the frame comprising first and second end portions (the left and right ends of body 80 in Figures 13B-C, adjacent numerals 118 and 119 in Figure 16) and an intermediate portion (the reduced-diameter central portion in Figures 13B-C and the equivalent section of Figure 16) extending from the first end portion to the second end 30 portion;
the first and second end portions having an outer diameter greater than an outer diameter of the intermediate portion when the body is in a radially expanded state (as shown in Figures 13B-C and 16);
a perfusion space (the space outside of the intermediate portion and surrounding veins 51; corresponding to numeral 94 in the other figures 4 and 14, for example) between the first and second end portions and the intermediate portion; - 29 -WO 2015/119705 PCT/US2014/068116
a central lumen (84 in Figures 13B-C and the corresponding main lumen in Figure 16; paragraphs [0083-0085] and [0092-0093]) extending through the first end portion, the intermediate portion, and the second end portion;
a perfusion conduit (83, 86, 88 in Figures 13B-C; 111 and 112 in Figure 16) extending at least partially through the first end portion and having a distal opening in communication with the perfusion space;
5 wherein when the elongated body is in the radially expanded state within the body lumen and the first and second end portions are configured to engage with an inner wall of the body lumen, and the central lumen is fluidly separated from the perfusion space 94 (fluid from the perfusion space will pump through lumen 83/86 and 112 in Figures 13b-C and 16, respectively, while fluid in the central lumen 124 will pump through the central lumen, outside of the perfusion lumen; see Figures 13B-C and 16 and paragraphs ([0083-0085] and [0089-0092]); and
wherein a proximal end of the self-expandable frame is connected to a recovery wire (88 in Figures 13B-C; 115 in Figure 16)
Fulton’s embodiments of Figures 13B-C and 16 do not specifically teach that the first end portion comprises a cylindrical section connected to the intermediate portion and a tapered section positioned proximal to the cylindrical section first end portion comprises cylindrical section connected to the intermediate portion and a tapered portion positioned proximal to the cylindrical section. However, in a different embodiment (Figures 4-4B), Fulton teaches a similar perfusion stent implantable within a body lumen, wherein the stent comprises a first end 131 and a second end 132 (Figures 4 and 4B). The first end comprises a cylindrical section (the portion that abuts the vessel) connected to the intermediate portion (the portion between sections 131 and 132) and a tapered section (the portion proximal of the section that abuts the vessel and tapers inward) positioned proximal to the cylindrical section, wherein the tapered section tapers radially inward from a proximal end of the cylindrical section to a proximal end of the frame when the frame is in the expanded state (Figures 4 and 4B). This configuration allows the cylindrical section to create an extended seal 156 (Figure 4) between the expanded stent and the vessel (paragraph [0064]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify Fulton’s embodiments of Figures 13B-C and/or 16 such that the first end portion comprises a cylindrical section connected to the intermediate portion and a tapered section positioned proximal to the cylindrical section first end portion comprises cylindrical section connected to the intermediate portion and a tapered portion positioned proximal to the cylindrical section, as required in Fulton’s embodiment of Figures 4-4B, in order to provide a well-known, alternate configuration for the end portions, and to ensure that a seal is created between the end portions and the vessel wall when the stent is expanded [0064].
Fulton teaches that the perfusion conduit extends into perfusion space via one or more openings (87, 88, 95, 111; see Figures 4-4B, 13B-C, and 16), such that the distal end portion of the conduit extends into and terminates within the perfusion space. However, in the event that Applicant does not clearly envision this interpretation, it has been held that the mere rearrangement of parts does not constitute a patentable improvement in the art when said rearrangement does not result in a nonobvious change in functionality (MPEP 2144.04 VI. C.). In this case, it is unclear why having the perfusion conduit extend into the perfusion space beyond the wall of the stent would result in a nonobvious change in functionality. The examiner notes that the instant specification even states that the perfusion conduit “can be placed anywhere in the stent body that allows the perfusion lumen of the venous perfusion conduit to be in fluid communication with the venous perfusion space” (paragraph [0059] of the instant application’s PGPub). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify Fulton’s perfusion conduit to extend into and terminate within the perfusion space (i.e. beyond the wall of stent), since it has been held that rearranging parts of an invention involves only routine skill in the art.
With respect to Claim 2, Fulton teaches that the stent further comprises a retractable sheath (element 81 in Figure 13A [0083-0084]; elements 113 and 121 in Figure 16).
With respect to Claim 3, Fulton teaches that the elongated body elongated body 80/110 (110 in Figures 4-4B; 80 in Figures 13B-C; 110 in Figure 16) comprises a plurality of struts that are braided together (Figures 4-4B, 13B-C, and 16; paragraphs [0059], [0084], and [0089].
With respect to Claim 5, Fulton teaches that the elongated body 80/110 comprises an inlet and an outlet (defined at opposing ends of lumen 84 in Figures 13B-C; defined by opposing ends 114 of the central lumen 124 in Figure 16), and further teaches a surface that is non-porous to blood surrounding the central lumen and extending longitudinally from the inlet to the outlet (paragraphs [0084] and [0092]; element 113 in Figure 16). See Figures 13B-C and 16.
With respect to Claim 6, Fulton teaches that the body comprises a cover/liner (113 in Figure 16; paragraph [0084] teaches that the embodiment of Figures 13B-C is also covered) attached to the frame, the cover/liner defining a surface that is non-porous to blood (paragraphs [0083-0085], [0090-0092]).
With respect to Claim 7, Fulton teaches that the frame comprises a braided mesh defining a plurality of angled struts that form first and second end portions of the braided mesh structure (Figures 13B-C and 16; paragraphs [0083-0085] and [0089-0090]).
With respect to Claim 9, Fulton reasonably suggests the perfusion stent of claims 1, 3, and 6 (see above), and further teaches that the cover/liner (113 in Figure 16; paragraph [0084] teaches that the embodiment of Figures 13B-C is also covered) covers the frame, and is adhered thereto such that it remains attached (see Figures 13B-C and 16 and paragraphs [0083-0085] and [0089-0090]).
In the event that applicant does not clearly envisage this interpretation of Fulton, the examiner takes official notice that it is extraordinarily well known in the art to attach a liner to the frame of a stent by adhesive or suturing, thereby ensuring that the liner remains attached to the frame during use. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify Fulton’s perfusion stent such that the cover/liner is secured to the frame by adhesive or suturing, as is well-known in the art, in order to provide an art-established means for securing the cover/liner to the frame.
With respect to Claims 11 and 12, Fulton teaches that a plurality of radiopaque position markers may be provided at proximal 119 and distal 118 ends of the device (Figure 16; paragraph [0091]).
With respect to Claim 14, Fulton teaches a method of selectively administering a therapeutic agent to an organ of a subject (paragraphs [0003], [0098], and [0101-0102]), the method comprising implanting the stent of claim 1 ([0003], [0098], [0101], and [0102]; Figures 13B-C and 16).
With respect to Claim 15, Fulton teaches that the perfused organ may be the liver 3, which is a visceral organ (paragraphs [0101-0102]; Figures 3-9 and 14).
With respect to Claims 16 and 17, Fulton teaches that the therapeutic agent may be a chemotherapeutic agent that is toxic to the central nervous system (paragraphs [0005], [0062], [0067], [0084], [0101-0104]).
With respect to Claim 18, Fulton teaches that the therapeutic agent perfuses the organ as part of a solution. Additionally, or in the alternative, Fulton teaches that the organ is perfused with a solution via a perfusion conduit (83 and 86 in figures 13B-C; 112 in Figure 16) that extends at least partly through the first end portion. See paragraphs [0083-0085] and [0089-0092].
With respect to Claim 19 Fulton teaches that blood is perfused to the organ through a perfusion conduit. See paragraphs [0083-0085] and [0089-0092].
With respect to Claims 20 and 24, Fulton teaches a perfusion stent (see the embodiments of Figures 13B-C and 16) implantable within a body lumen, the stent comprising:
a self-expandable frame (paragraphs [0083-0085] and [0089-0092]) comprising Nitinol (for example, see paragraphs [0059], [0078], [0087]; it is implicit that the braided mesh in Figures 13B-C and 16 may also be made of Nitinol) that is expandable from a radially compressed to a radially expanded state (paragraphs [0083-0085] and [0089-0092]), the self-expanding frame comprising first and second end portions (the left and right ends of body 80 in Figures 13B-C, adjacent numerals 118 and 119 in Figure 16) and an intermediate portion (the reduced-diameter central portion in Figures 13B-C and the equivalent section of Figure 16) extending from the first end portion to the second end 30 portion, the first and second end portions having an outer diameter greater than an outer diameter of the intermediate portion when the body is in a radially expanded state (as shown in Figures 13B-C and 16), wherein the first end portion defines a proximal opening of the frame and the second end portion defines a distal opening of the frame;
a non-porous cover/liner (113 in Figure 16; paragraph [0084] teaches that the embodiment of Figures 13B-C is also covered) attached to the frame, the cover/liner defining a surface that is non-porous to blood (paragraphs [0083-0085], [0090-0092]);
a perfusion space (the space outside of the intermediate portion and surrounding veins 51; corresponding to numeral 94 in the other figures 4 and 14, for example) between the first and second end portions and the intermediate portion; - 29 -WO 2015/119705 PCT/US2014/068116
a central lumen (84 in Figures 13B-C and the corresponding main lumen in Figure 16; paragraphs [0083-0085] and [0092-0093]) extending through the first end portion, the intermediate portion, and the second end portion, wherein central lumen includes a proximal region defined within the first end portion of the frame, an intermediate region defined within the intermediate portion of the frame, and a distal region defined within the second end portion of the frame (see Figures 13B-C and 16); and
a perfusion conduit (83, 86, 88 in Figures 13B-C; 111 and 112 in Figure 16) extending at least partially through the first end portion and having a distal opening disposed within the perfusion space, the perfusion conduit defining a perfusion lumen in communication with the perfusion space (paragraphs [0083-0085] and [0092-0093]);
wherein when the frame is in the radially expanded state, the first and second end portions are configured to engage with an inner wall of the body lumen and the central lumen is fluidly separated from the perfusion space 94 by the non-porous cover/liner (fluid from the perfusion space will pump through lumen 83/86 and 112 in Figures 13b-C and 16, respectively, while fluid in the central lumen 124 will pump through the central lumen, outside of the perfusion lumen; see Figures 13B-C and 16 and paragraphs ([0083-0085] and [0089-0092]).
Fulton’s embodiments of Figures 13B-C and 16 do not specifically teach that the first end portion comprises a cylindrical section connected to the intermediate portion and a tapered section positioned proximal to the cylindrical section first end portion comprises cylindrical section connected to the intermediate portion and a tapered transition section that extends radially inwardly from a distal end of the cylindrical section to a proximal end of the intermediate portion when the frame is in a radially expanded state, wherein the first end portion defines a proximal opening of the frame and the second end portion defines a distal opening of the frame (Claim 20), or more specifically that the first end portion of the frame comprises a tapered section positioned proximal to the cylindrical section, wherein the tapered section tapers from a proximal end of the cylindrical section to the proximal end of the frame when the frame is in the expanded state (as per Claim 24).
However, in a different embodiment (Figures 4-4B), Fulton teaches a similar perfusion stent implantable within a body lumen, wherein the stent comprises a first end 131 and a second end 132 (Figures 4 and 4B). The first end comprises a cylindrical section (the portion that abuts the vessel) connected to the intermediate portion (the portion between sections 131 and 132) and a tapered section (the portion proximal of the section that abuts the vessel and tapers inward) positioned proximal to the cylindrical section, wherein the tapered section tapers radially inward from a proximal end of the cylindrical section to a proximal end of the frame when the frame is in the expanded state (Figures 4 and 4B). This configuration allows the cylindrical section to create an extended seal 156 (Figure 4) between the expanded stent and the vessel (paragraph [0064]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify Fulton’s embodiments of Figures 13B-C and/or 16 such that the first end portion comprises a cylindrical section connected to the intermediate portion and a tapered section positioned proximal to the cylindrical section first end portion comprises cylindrical section connected to the intermediate portion and a tapered transition section that extends radially inwardly radially inwardly from a distal end of the cylindrical section to a proximal end of the intermediate portion when the frame is in a radially expanded state, wherein the first end portion defines a proximal opening of the frame and the second end portion defines a distal opening of the frame, such that the first end portion of the frame comprises a tapered section positioned proximal to the cylindrical section, wherein the tapered section tapers from a proximal end of the cylindrical section to the proximal end of the frame when the frame is in the expanded state, as required in Fulton’s embodiment of Figures 4-4B, in order to provide a well-known, alternate configuration for the end portions, and to ensure that a seal is created between the end portions and the vessel wall when the stent is expanded [0064].
Fulton’s embodiments of Figures 13B-C and 16 do not specifically teach that the perfusion conduit extends through the proximal opening of the frame, through the proximal region of the central lumen, outwardly through an opening in the transition section of the first end portion of the frame and into the perfusion space, wherein the perfusion conduit has a distal end portion that extends beyond the first end portion and terminates within the perfusion space. However, it has been held that the mere rearrangement of parts does not constitute a patentable improvement in the art when said rearrangement does not result in a nonobvious change in functionality (MPEP 2144.04 VI. C.). In this case, it is unclear why having the perfusion conduit extend through the proximal opening of the frame, through the proximal region of the central lumen, outwardly through an opening in the transition section of the first end portion of the frame and into the perfusion space beyond the wall of the stent would result in a nonobvious change in functionality. The examiner notes that the instant specification even states that the perfusion conduit “can be placed anywhere in the stent body that allows the perfusion lumen of the venous perfusion conduit to be in fluid communication with the venous perfusion space” (paragraph [0059] of the instant application’s PGPub). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify Fulton’s perfusion conduit to extend through the proximal opening of the frame, through the proximal region of the central lumen, outwardly through an opening in the transition section of the first end portion of the frame and into the perfusion space, wherein the perfusion conduit has a distal end portion that extends beyond the first end portion and terminates within the perfusion space into and terminate within the perfusion space (i.e. beyond the wall of stent), since it has been held that rearranging parts of an invention involves only routine skill in the art.
With respect to Claim 21, Fulton teaches that the frame comprises a braided mesh defining a plurality of angled struts that form first and second end portions of the braided mesh structure (Figures 13B-C and 16; paragraphs [0083-0085] and [0089-0090]).
With respect to Claim 22, Fulton teaches that a proximal end of the perfusion conduit (86 in Figures 13B-C; 112 in Figure 16) extends proximally beyond the first end portion of the frame and is configured to be coupled to a catheter that extends outside the body (the perfusion conduit is connected to a filter and a pump outside of the body; paragraphs [0084] and [0092]).
With respect to Claim 23, Fulton teaches that a proximal end of the self-expandable frame is connected to a recovery wire (88 in Figures 13B-C; 115 in Figure 16) that extends proximally from the frame.
With respect to Claim 25, Fulton teaches that at least part of the intermediate portion (the reduced-diameter central portion in Figures 4B, Figures 13B-C and the equivalent section of Figure 16) is substantially cylindrical.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Fulton in view of Marton et al. (WO 2004/028340; provided by Applicant in an IDS). Fulton reasonably suggests the perfusion stent of Claims 1, 3, and 6 substantially as claimed (see above), wherein self-expandable frame may be a mesh frame [0084], and teaches that the liner/cover may be a layer/film comprising silicone, a silicone elastomer or other substance that is expansible and resilient to degradation ([0059] and [0084]). Fulton also teaches other embodiments wherein nitinol is explicitly cited as a material that can be used for the mesh frame (for example, see paragraphs [0059], [0078], [0087]) and it is implicit that the braided mesh in Figures 13B-C and 16 may also be made of Nitinol. Fulton, however, does not specifically teach that the self-expandable frame comprises a micropatterned Nitinol film in the embodiments of Figures 13B-C and 16.
However, the use of micropatterned Nitinol film covered by a polymeric film is well known in the art of implantable stents. For example, Marton teaches a micropatterned Nitinol film (abstract) that is covered by a polymeric liner [0040], and teaches that this configuration allows the stent material to be high-strength and superelastic (Abstract). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify Fulton’s mesh stent to be made of micropatterned Nitinol film and a liner comprising a polymeric film, as suggested by Marton, in order to provide a stent that is durable and superelastic.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Fulton in view of Valley et al. (US 5,795,325).
With respect to Claim 13, Fulton reasonably suggests the perfusion stent of claims 1 and 11 (see above), and further teaches that a plurality of position markers may be provided at proximal 119 and distal 118 ends of the device (Figure 16; paragraph [0091]). Fulton, however, teaches that the position markers are radiopaque markers, and therefore does not specifically teach that the markers are a passive or active electromagnetic wave emitter.
Valley teaches a catheter for insertion into the vasculature of a patient, wherein the catheter comprises a metallic or magnetic marker thereon for detecting the position of the catheter tip using a Hall effect proximity detector or magnetometer (Column 34, Lines 53-58). Hall teaches that the use of non-fluoroscopic imaging has the potential for simplifying the catheter placement procedure and the equipment needed in the operating room (Column 34, Lines 49-53). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify Fulton’s perfusion stent to have a positioning marker that comprises passive or active electromagnetic wave emitter, as suggested by Valley, in order to provide a well-known alternate means for detecting the position of the stent within the body, and to simplify the catheter placement procedure and the equipment needed in the operating room (Column 34, Lines 49-53).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 5-9, and 11-25 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-11 of U.S. Patent No. 11,559,055. Although the claims at issue are not identical, they are not patentably distinct from each other because both claim sets are drawn to a perfusion stent comprising a radially compressible/expandable elongated body, a perfusion space, a central lumen, a perfusion lumen, wherein when the elongated bod is expanded the central lumen is fluidly separated from the perfusion space within the body, and a proximal end of the elongated body is connected to a recovery wire.
The instant claims are broader than the ‘055 claims because they do not specifically require that the first and second end portions comprise a cylindrical first section and a tapered second section positioned proximal to the first section when in the radially expanded state.
The ‘055 claims do not specifically require that the perfusion conduit extends through the proximal opening of the frame, through the proximal region of the central lumen, outwardly through an opening in the transition section of the first end portion of the frame and into the perfusion space, wherein the perfusion conduit has a distal end portion that extends beyond the first end portion and terminates within the perfusion space. However, it has been held that the mere rearrangement of parts does not constitute a patentable improvement in the art when said rearrangement does not result in a nonobvious change in functionality (MPEP 2144.04 VI. C.). In this case, it is unclear why having the perfusion conduit extend through the proximal opening of the frame, through the proximal region of the central lumen, outwardly through an opening in the transition section of the first end portion of the frame and into the perfusion space beyond the wall of the stent would result in a nonobvious change in functionality. The examiner notes that the instant specification even states that the perfusion conduit “can be placed anywhere in the stent body that allows the perfusion lumen of the venous perfusion conduit to be in fluid communication with the venous perfusion space” (paragraph [0059] of the instant application’s PGPub). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant application to modify the ‘055 patent’s perfusion conduit to extend into and terminate within the perfusion space (i.e. beyond the wall of stent), since it has been held that rearranging parts of an invention involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hochareon (US 2012/0302995) teaches a system and method for localized delivery and removal of a therapeutic substance using a balloon catheter.
Nitzan (US 10,149,684) teaches a system and method for removing fluid from a targeted region of the body.
Anaya Fernandez de Lomana (US 5,505,701) teaches a catheter system for perfusion of a visceral organ.
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 Philip R Wiest whose telephone number is (571)272-3235. The examiner can normally be reached M-F 9-6 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP R WIEST/Primary Examiner, Art Unit 3781
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