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
The amendment filed 10/07/2025 has been entered. In the present application, claims 1-16 and 19-22 are currently pending and examined below. Claims 17 and 18 have been canceled. Claims 21 and 22 are newly added.
Response to Arguments
Applicant’s arguments filed 10/07/2025, with respect to the pending claims, have been fully considered. Applicant has amended the independent claims with a newly added limitation stating, “…a raising base including a treatment instrument guiding portion and an attachment housing protruding from a side surface of the treatment instrument guiding portion, the raising base being rotatable about a rotation axis between a lower position and a raised position, …wherein a distal end of the wire is attached to the raising base at the attachment housing, wherein the wire is moveable within the channel to rotate the raising base about the rotation axis from the lowered position to the raised position….”
Such newly added limitation changes the scope of the claims, renders the previously rejection moot, and requires a new ground of rejection. Therefore, the previous rejections identified in the non-final office action dated 07/16/2025, have been withdrawn.
However, upon further consideration, a new ground of rejection is made below. Please see the rejections under 35 U.S.C. § 103 below for further explanation.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14 and 22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation “a side surface” in line 2 with reference to the raising base. However claim 1, which claim 14 directly depends from, also introduces the term “a side surface” in line 15 with reference to the raising base. Therefore it is unclear whether the limitation in claim 14 is introducing a different and new “side surface” or simply referencing the term previously identified in claim 1 line 15. It is suggested to omit the term “a side surface” in claim 14. Examiner is interpreting the limitation in line 2 of claim 14 to be the same limitation previously introduced in claim 1 line 15. Therefore, it is also suggested to omit the whole last limitation in claim 14 stating “wherein the side surface includes the attachment housing,” to refrain from redundancy within the claim, because claim 14 directly depends from claim 1, and claim 1 previously introduces such subject matter in lines 14-16. Appropriate correction is required.
Claim 22 recites the limitation “a distal end of the wire” in lines 1-2. However claim 1, which claim 22 directly depends from, also introduces the term “a distal end of the wire” in lines 21-22. Therefore it is unclear whether the limitation in claim 22 is introducing a new distal end of the wire or simply referencing the limitation previously introduced in claim 1. Examiner is interpreting the limitation as the later. Therefore, it is suggested to amend the limitation to state, “the distal end of the wire.” Appropriate correction is required.
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 1-16 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuno et al. (JP3164591) hereinafter Matsuno in view of Takashi Harada (US2020/0221929) hereinafter Harada.
Regarding Claim 1, Matsuno discloses an endoscope (Matsuno – [0002-0006]), comprising:
an insertion section (Matsuno - Fig. 2 insertion section 20) including a distal end portion (Matsuno - Fig. 4 distal end main body 52),
wherein the distal end portion (Matsuno - Fig. 4 distal end main body 52) includes:
a first opening (Matsuno – see annotated Fig. 3) connected to an instrument channel (Matsuno – Fig. 3 tool insertion channel 2),
a second opening (Matsuno – see annotated Fig. 3) connected to a wire channel (Matsuno – Figs. 5-6 channel of operation wire 55),
a wire (Matsuno – Figs. 5-6 operation wire 55) located in the wire channel (Matsuno – Figs. 5-6 channel of operation wire 55) and protruding distally from the second opening (Matsuno – see annotated Fig. 3),
a first detent surface (Matsuno – Fig. 5 surface 58), and
a raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) including a treatment instrument guiding portion (Matsuno – see annotated Figs. 3 and 5) and an attachment housing (Matsuno – Fig. 5 pin 56) protruding from a side surface (Matsuno – see annotated Fig. 5) of the treatment instrument guiding portion (Matsuno – see annotated Figs. 3 and 5), the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) being rotatable about a rotation axis (Matsuno – Figs. 5 axis of shaft 53) between a lowered position (Matsuno – see annotated Fig. 5) and a raised position (Matsuno – see annotated Fig. 5),
wherein, in the raised position (Matsuno – see annotated Fig. 5), the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) intersects a projection of an axis of the instrument channel (Matsuno – see annotated Fig. 5) extending from the first opening (Matsuno – see annotated Fig. 3),
wherein a distal end of the wire (Matsuno – Figs. 5-6 operation wire 55) is attached to the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51);
wherein the wire (Matsuno – Figs. 5-6 operation wire 55) is movable within the wire channel (Matsuno – Figs. 5-6 channel of operation wire 55) to rotate the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) about the rotation axis (Matsuno – Figs. 5-6 axis of shaft 51) from the lowered position (Matsuno – see annotated Fig. 5) to the raised position (Matsuno – see annotated Fig. 5), and
wherein, in the raised position (Matsuno – see annotated Fig. 5), a stop surface (Matsuno – Fig. 5 surface of pin 56) of the attachment housing (Matsuno – see annotated Fig. 5) contacts the first detent surface (Matsuno – Fig. 5 surface 58) to limit an amount of rotation of the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51).
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Matsuno fails to explicitly disclose an insertion section including, a bending portion, and a flexible tube portion, wherein the bending portion is between the distal end portion and the flexible tube portion, wherein the flexible tube portion is at a proximal end side of the insertion section and the distal end portion at a distal end side of the insertion section, a raising base including a treatment instrument guiding portion and an attachment housing protruding from a side surface of the treatment instrument guiding portion wherein a distal end of the wire is attached to the raising base at the attachment housing.
However Harada, in the same field of endeavor, teaches an insertion section (Harada – Fig. 1 insertion part 24) including, a bending portion (Harada – Fig. 1 bending part 52, [0070]), and a flexible tube portion (Harada – Fig. 1 flexible part 54), wherein the bending portion (Harada – Fig. 1 bending part 52, [0070]), is between the distal end portion (Harada – Fig. 1 distal end part 26, [0067]) and the flexible tube portion (Harada – Fig. 1 flexible part 54), wherein the flexible tube portion (Harada – Fig. 1 flexible part 54) is at a proximal end side (near reference numeral 38 of Fig. 1) of the insertion section (Harada – Fig. 1 insertion part 24) and the distal end portion (Harada – Fig. 1 distal end part 26, [0067]) at a distal end side (Harada – Fig. 1 near reference numeral 26, [0067] “The insertion part 24 is configured such that the distal end part 26, a bending part 52, and a flexible part 54 are coupled to each other from a distal end side toward a proximal end side.”) of the insertion section (Harada – Fig. 1 insertion part 24), and a raising base (Harada – Figs. 2-4, 7-8 elevator 30) including a treatment instrument guiding portion (Harada – Fig. 4 guide surface 30a) and an attachment housing (Harada – see annotated Fig. 4) protruding from a side surface (Harada – see annotated Fig. 4) of the treatment instrument guiding portion (Harada – Fig. 4 guide surface 30a) wherein a distal end (Figs. 2-4, 7-8 near engaging member 100) of the wire (Harada – Figs. 2-4, 7-8 wire 60) is attached to the raising base (Harada – Figs. 2-4, 7-8 elevator 30) at the attachment housing (Harada – see annotated Fig. 4).
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It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Matsuno with the teachings of Harada to include an insertion section including, flexible tube portion for the benefit of the insertion part being long enough so as to be capable of being “inserted into the subject via an oral cavity …[and into]… the esophagus through the stomach to the duodenum…” to reach the treatment site. (Harada – [0075]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Matsuno with the teachings of Harada to include an insertion section including a bending portion, and a flexible tube portion, wherein the bending portion is between the distal end portion and the flexible tube portion, wherein the flexible tube portion is at a proximal end side of the insertion section and the distal end portion at a distal end side of the insertion section for the benefit of having angle wires located within the flexible tube portion, reaching the bending portion, to control rotational movement of the distal end of the insertion section from the operating part of the handle (Harada – [0070]).
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify the teachings of Matsuno with the teachings of Harada for the raising base to include an attachment housing protruding from a side surface of the treatment instrument guiding portion, and wherein a distal end of the wire is attached to the raising base at the attachment housing for the benefit of having an “…operating wire that is disposed to be inserted into a wire insertion passage… from the operating part to the insertion part so as to be movable forward and backward and is attachably and detachably coupled to the forceps elevator (elevator) on a distal end side…” (Harada – [0012]) and still have “..the push/pull operation of the wire … be smoothly performed (Harada – [0092]).
Regarding Claim 2, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the distal end portion (Matsuno - Fig. 4 distal end main body 52) further includes a guide surface (Matsuno – Fig. 5 surface 59), wherein the guide surface (Matsuno – Fig. 5 surface 59) is located distally relative to the first detent surface (Matsuno – Fig. 5 surface 58), and wherein a portion (Matsuno – Fig. 5 pin 56) of the attachment housing (Matsuno – pin 56) travels over the guide surface (Matsuno – Fig. 5 surface 59) during rotation of the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51).
Regarding Claim 3, Matsuno in view of Harada teaches the endoscope according to claim 2, wherein the guide surface (Matsuno – Fig. 5 surface 59) extends from the first detent surface (Matsuno – Fig. 5 surface 58) in a direction of a longitudinal axis (Matsuno – see annotated Fig. 5) of the insertion section (Matsuno - Fig. 2 insertion section 20), and wherein the guide surface (Matsuno – Fig. 5 surface 59) includes a curved surface portion (Matsuno – see annotated Fig. 5).
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Regarding Claim 4, Matsuno in view of Harada teaches the endoscope according to claim 3, wherein the curved surface portion (Matsuno – see annotated Fig. 5) curves downward relative to the longitudinal axis (Matsuno – see annotated Fig. 5) of the insertion section (Matsuno - Fig. 2 insertion section 20).
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Regarding Claim 5, Matsuno in view of Harada teaches the endoscope according to claim 3, wherein the guide surface (Matsuno – Fig. 5 surface 59) includes a proximal end surface portion (Matsuno – see annotated Fig. 5), and wherein the first detent surface (Matsuno – Fig. 5 surface 58) and the proximal end surface portion (Matsuno – see annotated Fig. 5) intersects at a right angle or at an acute angle.
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Regarding Claim 6, Matsuno in view of Harada teaches the endoscope according to claim 2, wherein the guide surface (Matsuno – Fig. 5 surface 59) is on a guide body (Matsuno – Fig. 5 stepped cut-out 57) extending distally relative to the second opening (Matsuno – see annotated Fig. 5), and wherein the guide body (Matsuno – Fig. 5 stepped cut-out 57) further includes a first side surface (Matsuno – see annotated Fig. 5, the side of the stepped cut-out 57 that faces treatment instrument raising table 51) oriented toward a space (Matsuno – see annotated Fig. 5, the space between the stepped cut-out 57 and the raising table 51 that allows the raising table 51 to raise and lower) between the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) and the first opening (Matsuno – see annotated Fig. 5).
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Regarding Claim 7, Matsuno in view of Harada teaches the endoscope according to claim 6, wherein rotation of the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) occurs along a first rotation path (Matsuno – Fig. 5 near arrows showing direction of the raising table 51), wherein the first opening (Matsuno – see annotated Figs. 3, 5) has a first diameter (Matsuno – see annotated Fig. 3), wherein the first side surface (Matsuno – see annotated Fig. 5) of the guide body (Matsuno – Fig. 5 stepped cut-out 57) is separated from the first rotation path (Matsuno – Fig. 5 near arrows showing direction of the raising table 51) by a gap (Matsuno – see annotated Fig. 5), and wherein a length (Matsuno – a width of the identified gap within annotated Fig. 5, such gap allows the raising table 51 to move) of the gap (Matsuno – see annotated Fig. 5) is smaller than a length of the first diameter (Matsuno – see annotated Fig. 3).
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Regarding Claim 8, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the distal end portion (Matsuno - Fig. 4 distal end main body 52) has a central axis (Matsuno – see annotated Fig. 5) extending longitudinally from a proximal end (Matsuno – see annotated Fig. 5) to a distal end (Matsuno – see annotated Fig. 5), and wherein, in a cross-section (Matsuno – see annotated Fig. 5) perpendicular to the central axis (Matsuno – see annotated Fig. 5), each of the second opening (Matsuno – see annotated Fig. 3), the first detent surface (Matsuno – Fig. 5 surface 58), and the attachment housing (Matsuno –Fig. 5 pin 56) are located closer to a periphery (Matsuno -Fig. 5 near reference numeral 53) of the cross-section (Matsuno – see annotated Fig. 5) than the first opening (Matsuno – see annotated Fig. 3)is located.
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Regarding Claim 9, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the distal end portion (Matsuno - Fig. 4 distal end main body 52) has a central axis (Matsuno – see annotated Fig. 5) extending longitudinally from a proximal end (Matsuno – see annotated Fig. 5) to a distal end (Matsuno – see annotated Fig. 5), wherein, in a cross-section (Matsuno – see annotated Fig. 5) perpendicular to the central axis (Matsuno – see annotated Fig. 5): (i) the first detent surface (Matsuno – Fig. 5 surface 58) is at a first distance (Matsuno – see annotated Fig. 5) from the axis of the instrument channel (Matsuno – see annotated Fig. 5), (ii) the second opening (Matsuno – see annotated Fig. 3)is at a second distance (Matsuno – see annotated Fig. 5) from the axis of the instrument channel (Matsuno – see annotated Fig. 5), and (iii) a radius (Matsuno – see annotated Fig. 3)of the instrument channel (Matsuno – Fig. 3 tool insertion channel 2) has a radial length, and wherein the first distance(Matsuno – see annotated Fig. 5), and the second distance (Matsuno – see annotated Fig. 5) are each larger than the radial length.
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Regarding Claim 10, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the first detent surface (Matsuno – Fig. 5 surface 58) restricts a movement of the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) in a proximal direction (Matsuno – near reference numeral 58 of Fig. 5).
Regarding Claim 11, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the distal end portion (Matsuno - Fig. 4 distal end main body 52) further includes a second detent surface (Matsuno – Fig. 5 surface 59), and wherein, in the lowered position (Matsuno – see annotated Fig. 5), the attachment housing (Matsuno –Fig. 5 pin 56)contacts the second detent surface (Matsuno – Fig. 5 surface 59).
Regarding Claim 12, Matsuno in view of Harada teaches the endoscope according to claim 11, wherein the first detent surface (Matsuno – Fig. 5 surface 58) restricts movement of the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) in a first rotation direction (Matsuno – see annotated Fig. 5), wherein the second detent surface (Matsuno – Fig. 5 surface 59) restricts movement of the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) in a second rotation direction (Matsuno – see annotated Fig. 5), and wherein the first rotation direction (Matsuno – see annotated Fig. 5) is opposite to the second rotation direction (Matsuno – see annotated Fig. 5).
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Regarding Claim 13, Matsuno in view of Harada teaches the endoscope according to claim 12, wherein the distal end portion (Matsuno - Fig. 4 distal end main body 52) further includes a guide surface (Matsuno – see annotated Fig. 5), wherein the guide surface (Matsuno – see annotated Fig. 5) extends between the first detent surface (Matsuno – Fig. 5 surface 58) and the second detent surface (Matsuno – Fig. 5 surface 59), and wherein a portion (Matsuno – Fig. 5 pin 56) of the attachment housing (Matsuno – Fig. 5 pin 56) travels over the guide surface (Matsuno – see annotated Fig. 5) during rotation of the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51).
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Regarding Claim 14, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51) further includes a deflecting surface (Matsuno – see annotated Fig. 3) and a side surface (Matsuno – see annotated Fig. 5), wherein, in the raised position (Matsuno – see annotated Fig. 5), the deflecting surface i(Matsuno – see annotated Fig. 3) intersects the projection of the axis of the instrument channel (Matsuno – see annotated Fig. 5) extending from the first opening (Matsuno – see annotated Fig. 3), and wherein the side surface (Matsuno – see annotated Fig. 5) includes the attachment housing (Matsuno –Fig. 5 pin 56).
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Regarding Claim 15, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the attachment housing (Matsuno –Fig. 5 pin 56) is integrated into a body of the raising base (Matsuno – Figs. 5-6 treatment instrument raising table 51).
Regarding Claim 16, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the attachment housing (Harada–see annotated Fig. 4) includes a seating fixture (Harada – Figs. 2-8 opening 104 of housing roove 102) wherein the distal end (Harada – Figs. 2- 8 near engaging member 100) of the wire (Harada – Figs. 2- 8 wire 60) includes a termination (Harada – Figs. 2- 8 engaging member 100), and wherein the termination (Harada – Figs. 2- 8 engaging member 100) engages with the seating fixture(Harada – Figs. 2-8 opening 104 of housing roove 102) to attach the distal end (Harada – Figs. 2- 8 near engaging member 100) of the wire (Harada – Figs. 2- 8 wire 60) to the raising base (Harada – Figs. 2-4, 7-8 elevator 30).
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Regarding Claim 20, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein the first detent surface (Matsuno – Fig. 5 surface 58) includes a flat surface portion (Matsuno – Fig. 5 flat surface portion of surface 58), wherein the flat surface portion (Matsuno – Fig. 5 flat surface portion of surface 58) is normal to a longitudinal direction of the insertion section (Matsuno - Fig. 2 insertion section 20).
Regarding Claim 21, Matsuno in view of Harada teaches the endoscope according to claim 1, wherein, in the raised position (Harada – see annotated Fig. 3), the attachment housing (Harada–see annotated Fig. 4) intersects a projection of an axis (Harada – see annotated Fig. 3) of the wire channel (Harada – Fig. 3 wire channel 62) extending from the second opening (Harada – Fig. 3 near delivery port 74).
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Regarding Claim 22, Matsuno in view of Harada teach the endoscope according to claim 1, wherein, in the raised position (Harada – see annotated Fig. 3), a distal end (Figs. 2-4, 7-8 near engaging member 100) of the wire (Harada – Figs. 2-4, 7-8 wire 60) is attached to the raising base (Harada – Figs. 2-4, 7-8 elevator 30) at the attachment housing (Harada – see annotated Fig. 4) on a projection of an axis (Harada – see annotated Fig. 3) of the wire channel (Harada – Fig. 3 wire channel 62) extending from the second opening (Harada – Fig. 3 near delivery port 74).
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Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Matsuno in view of Harada in view of Ouyang et al. (US2016/0174819) hereinafter Ouyang.
Regarding Claim 19, Matsuno in view of Harada teaches the endoscope according to claim 1, but is silent as to whether the endoscope is a single-use endoscope.
However Ouyang, in the same field of endeavor, teaches the endoscope is a single-use endoscope (Ouyang – [0090] “…the device 100 shown for example in FIG. 1 is a hand-held, compact single use endoscope. In these cases, endoscope 100 is provided in a sterile package, so is ready for immediate use without requiring any preparation for diagnostic or therapeutic procedures. According to some embodiments the single use device 100 needs no sophisticated connectors such that the entire endoscope is supplied in a sterile package ready for use.”)
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to modify Matsuno in view Harada in view of Ouyang to have the endoscope be a single-use endoscope for the benefit of the endoscope being “…ready for immediate use without requiring any preparation for diagnostic or therapeutic procedures” (Ouyang – [0090]).
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 MEGAN E MONAHAN whose telephone number is (571)272-7330. The examiner can normally be reached Monday - Friday, 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Carey can be reached at (571) 270-7235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEGAN ELIZABETH MONAHAN/ Examiner, Art Unit 3795
/MICHAEL J CAREY/ Supervisory Patent Examiner, Art Unit 3795