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 Arguments
Applicant's arguments and remarks filed (1 – 21 – 2026) have been fully considered but they are not persuasiveApplicant argues…
McKinnon does not teach the newly amended feature(s) of a cylindrical structure extending along a longitudinal axis having an elongated tubular wall including an inner surface having an inner diameter that defines a lumen along the needle cannula having a diameter that is at least the same as the inner diameter and while not decreasing the inner diameter of the needle cannula such that the needle feature has the radial larger position than the outer diameter of the needle cannula and the lumen has at least the same diameter as the inner diameter of the needle cannula.
Applicant further argues that none of the other applied references make up for the deficiency of McKinnon / McKinnon as modified.
This is not found to be persuasive because…
As detailed below McKinnon teaches on ([0017]) that the planar portions 44 and 46 of the anvils 40 and 42 contact the outer surface 12 of the needle 10 thereby pinching the outer surface 12 of the needle 10 proximal to the planar surfaces 44 and 46. the process of crimping the needle 10 between the upper and lower anvils 40 and 42 generally preserves the cross-sectional profile of the inner lumen 14 of the needle 10. As best illustrated in (Figs. 2B & 4), the needle 10 is shown to be a cylindrical structure extending along a longitudinal axis having an elongated tubular wall including an inner surface having an inner diameter that defines an inner lumen 14 and where the inner lumen 14 is found and depicted to be along the needle cannula having a diameter that is at least the same as the inner diameter. Additionally, McKinnon teaches on ([0021]) teaches that as illustrated in (Fig. 3A), a needle 10 is shown prior to being compressed between an upper anvil 40 and a lower anvil 42. In some embodiments of the present invention, a stylet or mandrel 70 is inserted into the inner lumen 14 of the needle 10 prior to compressing the needle 10. The mandrel 70 generally comprises a hardened or semi-hardened material that is capable of maintaining its cross-sectional shape under compression. Accordingly, as best illustrated across (Figs. 2A – 2B, 3A – 3B & 4) the needle 10 being compressed between an upper anvil 40 and a lower anvil 42 is understood provide for forming of feature or crimp 30, with feature or crimp 30 having the radial larger position than the outer diameter of the needle cannula and does not decrease the inner diameter of the needle cannula, with the inner lumen 14 still maintaining at least the same diameter as the inner diameter of the needle cannula.
This is unpersuasive because as explained above there was not found to be deficiency in McKinnon / McKinnon as modified.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
A.) Claim(s) 1 – 4, 7 & 21 – 23, is/are rejected under 35 U.S.C. 103 as being unpatentable over McKinnon et al. (US 20110011149 A1, hereinafter McKinnon)Regarding claim 1,
A needle cannula comprising
a cylindrical structure extending along a longitudinal axis having an elongated tubular wall including an inner surface having an inner diameter that defines a lumen along the needle cannula having a diameter that is at least the same as the inner diameter and
an outer surface having an outer diameter and having a needle feature at the outer surface of the tubular wall formed from the outer diameter of the tubular wall buckling radially away from the longitudinal axis to a radial larger position than the outer diameter of the needle cannula
the needle cannula made by a process comprising:
using at least one gripping member to grip a distal portion and a proximal portion of the needle cannula in proximity of the needle feature;
applying a compressive force along the longitudinal axis between the distal portion and the proximal portion to cause the outer surface of the tubular wall between the distal portion and the proximal portion to buckle radially away from the longitudinal axis to form the needle feature
while not decreasing the inner diameter of the needle cannula such that the needle feature has the radial larger position than the outer diameter of the needle cannula and the lumen has at least the same diameter as the inner diameter of the needle cannula.
McKinnon teaches the following:
([0017]) teaches that the planar portions 44 and 46 of the anvils 40 and 42 contact the outer surface 12 of the needle 10 thereby pinching the outer surface 12 of the needle 10 proximal to the planar surfaces 44 and 46. the process of crimping the needle 10 between the upper and lower anvils 40 and 42 generally preserves the cross-sectional profile of the inner lumen 14 of the needle 10. As best illustrated in (Figs. 2B & 4), the needle 10 is shown to be a cylindrical structure extending along a longitudinal axis having an elongated tubular wall including an inner surface having an inner diameter that defines an inner lumen 14 and where the inner lumen 14 is found and depicted to be along the needle cannula having a diameter that is at least the same as the inner diameter.
([0017]) teaches that the process of crimping the needle 10 pinches and outwardly extends a portion of the needle's outer surface 12 to provide a feature or crimp 30, again while preserving the cross-sectional profile of the inner lumen 14. As best illustrated in (Figs. 2A – 2B & 3A – 3B), the needle is found to comprise an outer surface having an outer diameter and the feature or crimp 30 is found to provide for a needle feature at the outer surface of the tubular wall formed from the outer diameter of the tubular wall buckling radially away from the longitudinal axis to a radial larger position than the outer diameter of the needle cannula.
([0018]) that the depth 60 of the recess 50 and/or 52 is selected to be less than one-half of the outer diameter of the needle 10. Additionally, the width 62 of the recess 50 and/or 52 is selected to be less than the outer diameter of the needle 10. As such, when the needle 10 is compressed, or pinched between the upper and lower anvils 40 and 42, the recessed portions 50 and 52 of the anvils 40 and 42 contact the outer surface 12 of the needle 10. Noting, that during the crimping and closing the top and bottom anvils on the needle, the top and bottom anvils contact the outer surface of the needle and thus gripping the needle. Adding, while it is recognized by the examiner that the gripping and compression of McKinnon transpire simultaneously, so does applicants as depict in (Pg. 12) of applicant’s arguments (recreated Fig. 2A). Furthermore, the case law for sequentially vs. simultaneous steps may be recited. Where, in general, the transposition of process steps or the splitting of one step into two, where the processes are substantially identical or equivalent in terms of function, manner and result, was held to be not patentably
([0005]) teaches that in some methods of the current invention entail crimping a portion of an outer surface of a needle by compressing the portion of the needle between an upper anvil and a lower anvil. ([0023]) adds that when the upper and lower anvils 40 and 42 are pressed together, opposing planar surfaces 44 and 46 contact and plastically deform the outer surface 12 of the needle 10 to provide a needle feature 30, as shown in (Figs. 2B & 3B). As such, the compression of the upper and lower anvil, provides for forming a needle feature on the needle via the opposing planar surfaces of the upper and lower anvils. Highlighting, that currently the claim is understood to be a product by process claim. Accordingly, the case law for product by process claims may be recited. Where, with regard to the claim recitations regarding the method of forming the apparatus, such relate only to the method of producing the claimed apparatus, which does not impart patentability to the apparatus claims. Note that determination of patentability is based on the product apparatus itself, In re Brown, 173 USPQ 685, 688, and the patentability of a product does not depend on its method of production, In re Pilkington, 162 USPQ 145, 147; see also In re Thorpe, 227 USPQ 964 (CAFC 1985). Note also that it is Applicant's burden to prove that an unobvious difference exists, In re Marosi, 218 USPQ 289, 292-293 (CAFC 1983), and Applicant must show that different methods of manufacture produce articles having inherently different characteristics, Ex: parte Skinner, 2 USPQ2d 1788. See MPEP § 2113.
([0017]) teaches that the planar portions 44 and 46 of the anvils 40 and 42 contact the outer surface 12 of the needle 10 thereby pinching the outer surface 12 of the needle 10 proximal to the planar surfaces 44 and 46. the process of crimping the needle 10 between the upper and lower anvils 40 and 42 generally preserves the cross-sectional profile of the inner lumen 14 of the needle 10. ([0021]) teaches that as illustrated in (Fig. 3A), a needle 10 is shown prior to being compressed between an upper anvil 40 and a lower anvil 42. In some embodiments of the present invention, a stylet or mandrel 70 is inserted into the inner lumen 14 of the needle 10 prior to compressing the needle 10. The mandrel 70 generally comprises a hardened or semi-hardened material that is capable of maintaining its cross-sectional shape under compression. Accordingly, as best illustrated across (Figs. 2A – 2B, 3A – 3B & 4) the needle 10 being compressed between an upper anvil 40 and a lower anvil 42 is understood provide for forming of feature or crimp 30, with feature or crimp 30 having the radial larger position than the outer diameter of the needle cannula and does not decrease the inner diameter of the needle cannula, with the inner lumen 14 still maintaining at least the same diameter as the inner diameter of the needle cannula.
Regarding claim 2 as applied to claim 1,
Wherein the needle feature comprises a cannula bump formed from the outer diameter of the tubular wall buckling radially to have a cross dimension different from the rest of the needle cannula.
McKinnon teaches the following:
([0008]) teaches that the contact surfaces of the opposing anvils may be configured to provide a protruding feature, a recessed feature, a spiral feature, a set of alternating features, a textured feature, and combinations thereof. Highlighting, that (Figs. 2A – 2B & 3B) provide for a needle feature 30 which comprises a cannula bump formed from the outer diameter of the tubular wall buckling radially to have a cross dimension different from the rest of the needle cannula. Recalling, ([0007]) teaches that the presence of the mandrel prevents plastic deformation of the inner lumen cross-sectional profile thereby ensuring that a flow efficiency of the needle is preserved.
Regarding claim 3 – 4 as applied to claim 1 respectively,
Wherein the needle feature comprises a symmetrical cannula bump formed from the outer diameter of the tubular wall buckling radially.
Wherein the needle feature comprises a asymmetrical cannula bump formed from the outer diameter of the tubular wall buckling radially.
McKinnon teaches the following:
& 4a.) ([0008]) teaches that the contact surfaces of the opposing anvils may be configured to provide a protruding feature, a recessed feature, a spiral feature, a set of alternating features, a textured feature, and combinations thereof. Highlighting, that (Figs. 2A – 2B & 3B) provide for a needle feature comprises a symmetrical cannula bump formed from the outer diameter of the tubular wall buckling radially. ([0019]) adding that each anvil 40 and 42 is configured to provide a needle feature 30 that is compatible with a needle tip shield (not shown) or another needle safety device (not shown). Accordingly, the shape of the bump is understood to impact the corresponding needle safety device employed with the needle. Highlighting, that the shape of the needle is understood to be a result effective variable. As such, a particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation, In re Boesch, 205 USPQ 215 (CCPA 1980). Furthermore, the case law for the change of shape may be recited. Where, it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v, Levous et aI., 3 USPQ 23.
Regarding claim 7 as applied to claim 1,
Wherein the outer diameter of the needle cannula between the distal and proximal portions is configured to a desired shape by a form positioned about the outer diameter of the needle cannula when the compressive force is applied axially between the distal and proximal portions.
McKinnon teaches the following:
([0008]) teaches that the contact surfaces of the opposing anvils may be configured to provide a protruding feature, a recessed feature, a spiral feature, a set of alternating features, a textured feature, and combinations thereof. ([0023]) teaches that a feature 30 is formed as the upper and lower anvils 40 and 42 are drawn towards one another, thereby compressing the needle 10 within opposing recessed surfaces 50 and 52. Highlighting, as shown in (Fig. 2A – 2B & 3A – 3B) the needle form is placed between the anvils to provide for a needle feature comprises a desired shape by a form positioned about the outer diameter of the needle cannula when the compressive force is applied axially between the distal and proximal portions.
Regarding claim 21,
A needle comprising
a cylindrical elongated tubular wall extending along a longitudinal axis,
the tubular wall having an inner surface defining an inner diameter and
an outer surface defining an outer diameter,
a needle feature buckling radially from the outer surface of the tubular wall to form a radial expansion that has a larger radial dimension than the outer diameter of the tubular wall,
the inner diameter of the tubular wall defining a lumen,
the inner diameter of the tubular wall where the outer surface buckles to form the needle feature having at least the same inner diameter as the rest of the needle such that the lumen has a diameter that is the same as the inner diameter along the length of the needle,
the needle made by a process comprising:
gripping a proximal portion and a distal portion of the tubular wall;
applying a compressive force along the longitudinal axis between the distal portion and the proximal portion to cause the outer surface of the tubular wall between the distal portion and the proximal portion to buckle radially in a direction away from the longitudinal axis to form the needle feature
while not decreasing the inner diameter of the needle such that the needle feature has the radial expansion having the larger radial dimension than the outer diameter of the needle and the inner diameter of the needle does not decrease so that the lumen has at least the same diameter as the inner diameter of the needle.
McKinnon teaches the following:
– b.) ([0006]) teaches that the methods of the current invention provide external needle features without compromising a flow efficiency through the inner lumen 14 of the needle. ([0007]) teaches that a mandrel 70 is positioned within the inner lumen so as to overlap the portion of the needle that is compressed or crimped by the opposing anvils. Highlighting, that this is best seen in (Fig. 4). Where the inner lumen 14 of the needle acts as applicant’s cylindrical structure extending along a longitudinal axis with an elongated tubular wall, including an inner surface having an inner diameter in which the mandrel 70 is placed.
([0008]) teaches that the present invention the contact surfaces of the opposing anvils is configured to divot the outer surface of the needle. As such, the inner lumen is found to have an outer surface having an outer diameter.
([0008]) teaches that the contact surfaces of the opposing anvils may be configured to provide a protruding feature, a recessed feature, a spiral feature, a set of alternating features, a textured feature, and combinations thereof. Highlighting, that (Figs. 2A – 2B & 3B) provide for a needle feature 30 which comprises a cannula bump formed from the outer diameter of the tubular wall buckling radially to have a cross dimension different from the rest of the needle cannula.
([0006]) teaches that the methods of the current invention provide external needle features without compromising a flow efficiency through the inner lumen 14 of the needle. ([0007]) teaches that the presence of the mandrel prevents plastic deformation of the inner lumen cross-sectional profile thereby ensuring that a flow efficiency of the needle is preserved. As such, the inner diameter of the tubular wall retaining at least the same inner diameter with the outer diameter of the tubular wall buckling radially and the inner diameter of the tubular wall defining ab inner lumen 14.
([0018]) that the depth 60 of the recess 50 and/or 52 is selected to be less than one-half of the outer diameter of the needle 10. Additionally, the width 62 of the recess 50 and/or 52 is selected to be less than the outer diameter of the needle 10. As such, when the needle 10 is compressed, or pinched between the upper and lower anvils 40 and 42, the recessed portions 50 and 52 of the anvils 40 and 42 contact the outer surface 12 of the needle 10. As such, during the crimping and closing the top and bottom anvils on the needle, the top and bottom anvils contact the outer surface of the needle and thus gripping the needle. Adding, while it is recognized by the examiner that the gripping and compression of McKinnon transpire simultaneously, so does applicants as depict in Pg. 12 of applicant’s arguments (recreated Fig. 2A). Furthermore, the case law for sequentially vs. simultaneous steps may be recited. Where, in general, the transposition of process steps or the splitting of one step into two, where the processes are substantially identical or equivalent in terms of function, manner and result, was held to be not patentably
([0005]) teaches that in some methods of the current invention entail crimping a portion of an outer surface of a needle by compressing the portion of the needle between an upper anvil and a lower anvil. ([0023]) adds that when the upper and lower anvils 40 and 42 are pressed together, opposing planar surfaces 44 and 46 contact and plastically deform the outer surface 12 of the needle 10 to provide a needle feature 30, as shown in (Figs. 2A – 2B & 3B). As such, the compression of the upper and lower anvil, provides for forming a needle feature on the needle via the opposing planar surfaces of the upper and lower anvils. Highlighting, that currently the claim is understood to be a product by process claim. Accordingly, the case law for product by process claims may be recited. Where, with regard to the claim recitations regarding the method of forming the apparatus, such relate only to the method of producing the claimed apparatus, which does not impart patentability to the apparatus claims. Note that determination of patentability is based on the product apparatus itself, In re Brown, 173 USPQ 685, 688, and the patentability of a product does not depend on its method of production, In re Pilkington, 162 USPQ 145, 147; see also In re Thorpe, 227 USPQ 964 (CAFC 1985). Note also that it is Applicant's burden to prove that an unobvious difference exists, In re Marosi, 218 USPQ 289, 292-293 (CAFC 1983), and Applicant must show that different methods of manufacture produce articles having inherently different characteristics, Ex: parte Skinner, 2 USPQ2d 1788. See MPEP § 2113.
& i.) ([0017]) teaches that the planar portions 44 and 46 of the anvils 40 and 42 contact the outer surface 12 of the needle 10 thereby pinching the outer surface 12 of the needle 10 proximal to the planar surfaces 44 and 46. the process of crimping the needle 10 between the upper and lower anvils 40 and 42 generally preserves the cross-sectional profile of the inner lumen 14 of the needle 10. ([0021]) teaches that as illustrated in (Fig. 3A), a needle 10 is shown prior to being compressed between an upper anvil 40 and a lower anvil 42. In some embodiments of the present invention, a stylet or mandrel 70 is inserted into the inner lumen 14 of the needle 10 prior to compressing the needle 10. The mandrel 70 generally comprises a hardened or semi-hardened material that is capable of maintaining its cross-sectional shape under compression.
Accordingly, as best illustrated across (Figs. 2A – 2B, 3A – 3B & 4) the needle 10 being compressed between an upper anvil 40 and a lower anvil 42 is understood provide for forming of feature or crimp 30, with feature or crimp 30 having the radial larger position than the outer diameter of the needle cannula and does not decrease the inner diameter of the needle cannula, with the inner lumen 14 still maintaining at least the same diameter as the inner diameter of the needle cannula.
Regarding claim 22 as applied to claim 21,
Wherein the needle feature comprises a symmetric bump having a diameter greater than the outer diameter of the outer surface of the needle.
McKinnon teaches the following:
([0008]) teaches that the contact surfaces of the opposing anvils may be configured to provide a protruding feature, a recessed feature, a spiral feature, a set of alternating features, a textured feature, and combinations thereof. Highlighting, that (Figs. 2A – 2B & 3B) provide for a needle feature comprises a symmetrical cannula bump formed from the outer diameter of the tubular wall buckling radially.
Regarding claim 23 as applied to claim 21,
Wherein the inner diameter of the needle feature has at least the same diameter as the inner diameter of the distal portion and the proximal portion of the needle.
McKinnon teaches the following:
([0006]) teaches that the methods of the current invention provide external needle features without compromising a flow efficiency through the inner lumen 14 of the needle. ([0007]) teaches that the presence of the mandrel prevents plastic deformation of the inner lumen cross-sectional profile thereby ensuring that a flow efficiency of the needle is preserved. As such, the inner diameter of the tubular wall retaining at least the same inner diameter with the outer diameter of the tubular wall buckling radially.
B.) Claim(s) 9, is/are rejected under 35 U.S.C. 103 as being unpatentable over McKinnon and in further view of Akcay et al. (US 20160220791 A1, hereinafter Akcay)
Regarding claim 9 as applied to claim 1,
Wherein the needle feature is towards the distal tip of the needle,
the proximal end of the needle attached to a distal portion of a needle hub of a catheter insertion device adapted to be used with a catheter assembly having a catheter hub including a distal end to which a catheter extends distally,
the needle adapted to slidably extend through the catheter hub and the catheter,
a needle tip capture mechanism slidable along the needle proximal the needle feature.
McKinnon teaches the following:
([0025]) teaches that (Fig. 4) shows the protruded contact surface 100 generally comprises a rounded profile that is configured to strike the outer surface 12 of the needle 10 to provide a divot 92 in the outer surface 12 of the needle 10. Highlighting, that the needle feature is formed towards the distal tip of the needle.
Regarding Claim 9, McKinnon also teaches that the needle utilized is for an intravenous catheter assembly, (. McKinnon is silent regarding the structure of a catheter insertion device. In analogous art for a needle having a notch at its distal end utilized in a catheter insertion assembly, Akcay suggests details regarding the catheter insertion device, and in this regard Akcay teaches the following:
([0134]) teaches that the needle assembly 128 can include an insertion needle 106 operably coupled to a needle hub 132. (Abstract) teaches that the safety catheter insertion assembly includes a catheter hub coupling assembly, the catheter hub coupling assembly coupling the catheter hub to the needle housing. Highlighting (Fig. 6b) shows the assembly best. With the needle found in a retracted position of the assembly 100, the needle attached to the needle hub 132, and catheter hub 114 having an end in which a catheter 104/112 extends distally,
([0055] – [0056]) teaches that (FIG. 11a) giving a cross-sectional view depicting a safety catheter assembly in a first, ready for use position. With FIG. 11b giving a second cross-sectional view depicting the safety catheter assembly of FIG. 11b in a second, safe position, wherein the actuator has been shifted proximally, enabling the engagement arm to pivot laterally away from the catheter. As shown, this pivoting provide for the needle to slidably extend into and/or out of / through the catheter hub and the catheter.
([0164]) teaches that when the needle transition 166 contacts the needle abutment 163 of the actuator 113 this enables the needle assembly 128 to shift the actuator 113 proximally from the engaged position to the disengaged position. ([0178]) teaches more details of the abutment 163 and needle transition 166. Highlighting, as shown in (Fig. 11a-b) the abutment is understood to be a needle tip capture mechanism slidable along the needle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the production method and apparatus for manufacturing a needle comprising a feature at one end utilized in catheter assemblies of McKinnon. By modifying the needle to be utilized in a catheter assembly that comprises a needle assembly and needle hub for holding a needle, the needle being adapted to slidably extend through the catheter assembly hub and the catheter and a needle tip capture mechanism slidable the needle feature, as taught by Akcay. Highlighting, implementing a needle in a catheter assembly as described including a needle tip capture mechanism slidable the needle feature is it provides means for releasing the catheter hub from the needle housing in a second position, (Abstract & [0181]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Colligan et al. (US 5722991 A) – teaches in the (Abstract) an apparatus for attaching a surgical needle of the type having an end portion with an elongated aperture defined therein and a suture having a generally elongated end portion which is to be positioned in the elongated aperture of the needle includes a pair of dies, each die having at least two generally planar engaging surfaces with a recessed portion disposed between adjacent engaging surfaces.
Gustavus A Montgomery et al. (US 1578543 A) – teaches in the (Abstract) that the chief object of they invention is the provision of a novel and efficient method of making auger stems of this character which will afford a marked saving in time, material and cost of manufacture over other methods heretofore employed
Ono et al. (US 4498222 A) – teaches in the (Abstract) disclosed herein is a process for clinching a wire rope on a buckle base, which comprises the following consecutive steps:
subjecting a starting anchor block material and the wire rope in combination to a first clinching operation to obtain a preformed anchor block bearing steps therein;
Toshiyasu Tanaka (US 4910857 A) – teaches in the (Abstract) An optical fiber material comprising at least one optical fiber and a wrapping material wrapping at least a part of the peripheral surface of the optical fiber in the axial direction of the optical fiber, wherein in its section taken at right angles to the axis of the optical fiber, the wrapping material holds the optical fiber tightly at its inside surface which face the optical fiber in the meridian direction of the optical fiber, or hold it tightly in at least three sites of its inner circumferential surface facing the optical fiber.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Andrés E. Behrens Jr. whose telephone number is (571)-272-9096. The examiner can normally be reached on Monday - Friday 7:30 AM-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached on (571)-270-7001. The fax phone number for the organization where this application or proceeding is assigned is (571)-273-8300.
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/Andrés E. Behrens Jr./Examiner, Art Unit 1741
/JaMel M Nelson/Primary Examiner, Art Unit 1743
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