DETAILED ACTION
Claims 1, 10-15, and 17-20 are amended. Claims 9 and 16 are canceled. A complete action on the merits of pending claims 1-8, 10-15, and 17-20 appears below.
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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/27/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Acknowledgment is made to Applicant’s amendments filed on 12/09/2025 which are entered. With regards to the specification objections documented in the Non-Final Office Action sent on 09/11/2025, all are overcome through Applicant’s amendments and are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 1-8, 10-15, and 17-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claims 1, 15 (slight variation), & 20 recites, in relevant part: “wherein the proximal coupler comprises an axial extension extending distally from the elongate member and a protuberance spaced apart from the elongate member by the axial extension;
wherein the distal coupler comprises a recess formed therein that is complementary to the protuberance such that the protuberance fits within the recess, and a channel extending axially from a proximalmost end of the distal coupler to the recess, wherein the channel is configured to receive the axial extension of the proximal coupler therein.”
The specification, as originally filed, provides no support for these specific structural features or their recited functions. The disclosure consistently describes only a generic “proximal coupler” having a “protuberance” that fits within a “recess” in the “distal coupler,” with the two parts remaining axially locked while radially constrained inside the elongate sheath and separating radially once the coupler mechanism is exterior to the sheath (see, e.g., paragraphs [0004], [0008], [0012]–[0017], [0051]–[0054], and [0058]–[0070]). No mention is made anywhere in the specification of:
an “axial extension” that extends distally from the elongate member and spaces the protuberance apart from the elongate member (or from the remainder of the proximal coupler); or
a “channel extending axially from a proximalmost end of the distal coupler to the recess” that is “configured to receive the axial extension of the proximal coupler therein.”
The only engagement structures ever described are a protuberance that directly enters a complementary recess (trapezoidal, rectilinear, frustoconical, or bulbous). The figures and their descriptions (FIGS. 4A–7B and paragraphs [0058]–[0070]) likewise contain no labels, callouts, or textual explanation identifying any distinct axial extension on the proximal coupler or any guiding channel on the distal coupler that is separate from the recess itself. Even Figure 6B (the embodiment applicant appears to rely upon) shows only stepped cylindrical sections and a single cutout region; the specification nowhere identifies any portion of the male coupler as an “axial extension,” nowhere identifies any portion of the female coupler as a distinct “channel” leading to the recess, and nowhere explains that the cutout is “configured to receive the axial extension.” The boundaries between what applicant now calls the “channel” versus the “recess” are indistinguishable in both the drawing and the text.
MPEP § 2163 requires that the specification demonstrate that the applicant was in possession of the full scope of the claimed invention. Possession is not shown by later claiming specific geometries or functional relationships that are never described or shown in the original disclosure. Because the claimed “axial extension” and “channel … configured to receive the axial extension” limitations constitute new matter not reasonably conveyed by the original disclosure, the claims fail the written description requirement.
Applicant may overcome this rejection by amending the claims to remove the unsupported “axial extension” and “channel” limitations and return to the originally disclosed subject matter (e.g., a proximal coupler comprising a protuberance and a distal coupler comprising a complementary recess), or by providing a clear explanation/amending specification and drawings, supported by the original disclosure, demonstrating possession of the exact features now claimed. Any amendment must not introduce new matter.
Claims 2-8, 10-14, and 17-18 are rejected by virtue of their dependency on claim 1 or claim 15.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 15 which claim 18 depends upon already recites that “the coupler mechanism [is] adapted to allow the embolic coil to separate from the elongate member when the coupler mechanism is no longer radially constrained by the elongate sheath.” Dependent claim 18 merely restates the identical functional limitation using different wording (“the first coupler segment is adapted to disengage the second coupler segment, thereby releasing the embolic coil … when the coupler mechanism is not radially constrained by the elongate sheath”) without introducing any additional limitation. Because claim 18 does not further limit the subject matter of claim 15, it is of improper dependent form. See MPEP § 608.01(n).
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
Claim(s) 1-8, 10, 12, 15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buiser (US 2009/0043331 A1).
Regarding claim 1, as best understood in view of the 112(a) rejection above, Buiser discloses, a medical device system (Figure 1; Paragraph [0039]), comprising:
an elongate sheath (Figure 1, catheter (20)) defining a lumen (Figure 1) extending within the elongate sheath (Paragraph [0040]-[0041]);
a coupler mechanism (Figures 1, detachable link (26)) slidingly disposed within the lumen (Figure 1), the coupler mechanism including a proximal coupler (Figures 1, 3B, & 8, second engaging member (30)) and a distal coupler (Figures 1, 3B, & 8, first engaging member (28)) (Paragraph [0040]);
an elongate member (Figure 1, pusher wire (25)) secured to and extending proximally from the proximal coupler (Figure 1; Paragraph [0040]);
an implantable medical device (IMD) (Figure 1, embolic coil (24)) secured to and extending distally from the distal coupler (Figure 1; Paragraph [0040]);
wherein the distal coupler remains secured to the proximal coupler while the coupler mechanism remains within the lumen (Figure 3A; Paragraph [0045]); and
wherein the distal coupler releases from the proximal coupler, thereby releasing the IMD, when the coupler mechanism is exterior to the lumen (Figure 3B; Paragraph [0045]);
wherein the proximal coupler (second engaging member (30)) comprises an axial extension (Figures 4A-4B, extension comprising receiving area (60)) extending distally from the elongate member (Figures 4A-4B; Paragraph [0046]) and a protuberance (Figures 4A-4B, extension portion (62)) spaced apart from the elongate member (pusher wire (25)) by the axial extension (Figures 4A-4B; Paragraph [0046]);
wherein the distal coupler (first engaging member (28)) comprises a recess (Figures 4A-4B, receiving area (60); Paragraph [0046]) formed therein that is complementary to the protuberance (extension portion (62)) such that the protuberance fits within the recess (Figures 3A-3B; Paragraph [0059], discloses in part, “extension portion 62 which mates with recessed area 60.”), and a channel (Figure 2B, recess (35)) extending axially from a proximal most end of the distal coupler to the recess (In Figure 2B recess (35) is shown on first engaging member (28) and when first engaging member (28) is oriented in detachable link (26) as seen in Figures 1, 3A-3B, and 7A-8, where extension portion (62) engages receiving area (60) of the other engaging member, the recess (35) is indeed extending axially from a proximal most end of the first engaging member (28) to receiving area (60)), wherein the channel (recess (35)) is configured to receive the axial extension (extension comprising receiving area (60)) of the proximal coupler (second engaging member (30)) therein (the extension comprising receiving area (60) includes an elongate protrusion (33) as seen in Figures 2A and 4B and is received in complimentary recess (35), thus creating guide member (32); Paragraphs [0040] and [0053]).
Regarding claim 2, Buiser further discloses, wherein the coupler mechanism (detachable link (26)) is adapted to be moved exterior to the lumen by holding the elongate member (pusher wire (25)) stationary while withdrawing the elongate sheath (catheter (20)) proximally (The system (22) for delivering embolic coil (24) allows the detachable link (26) to be moved exterior to the catheter lumen (20) by holding the pusher wire (25) stationary while withdrawing the catheter proximally. Paragraph [0045] and Figure 3B describes the link reaching the distal end (36) of the catheter, where it is no longer constrained and can open. Paragraph [0066] explicitly teaches, “the user can then draw the coil and/or detachable link back into the catheter” (indicating proximal withdrawal of the catheter/sheath while holding position), and “extend the coil through the end of the catheter” by relative movement. The method of delivery inherently includes holding the pusher stationary while retracting the catheter to expose the link (common in such systems to control precise deployment without advancing the pusher further)).
Regarding claim 3, Buiser further discloses, wherein the coupler mechanism (detachable link (26)) is adapted to be moved exterior to the lumen by holding the elongate sheath (catheter (20)) proximally while extending the elongate member (pusher wire (25)) distally (The detachable link (26) is capable of being advanced exterior to the catheter lumen by holding the catheter stationary (or fixed proximally) while extending the pusher wire (25) distally. Paragraph [0065], “… the user can actuate the pusher wire to move the coil toward the egress port of the catheter (e.g., the distal end of the catheter).” Paragraph [0066], “… extend the coil through the end of the catheter …” by advancing the pusher while the catheter position is maintained. This is the standard push-to-deploy mode described throughout the method section (Paragraphs [0064]-[0066])).
Regarding claim 4, Buiser further discloses, wherein the coupler mechanism (detachable link (26)) is adapted to limit relative axial movement between the distal coupler (first engaging member (28)) and the proximal coupler (second engaging member (30)) while permitting relative radial movement when not otherwise constrained by the elongate sheath (catheter (20)) (The detachable link (26) limits relative axial movement (via vertical/end bearing surfaces on mating parts) while permitting relative radial movement when unconstrained. Paragraph [0047], vertical surfaces of receiving area (60) and extension portion (62) “allow coupled engaging members 28, 30 to push/pull one another” (axial transmission/limiting relative axial separation under load). Paragraph [0048] and Figure 6, mating surfaces do not prevent radial separation (movement away in radial direction α) or pivoting/rotation when not constrained by the catheter. The catheter prevents radial separation during transit (Paragraph [0045]; Figure 3A), but once exterior, radial movement is permitted for release).
Regarding claim 5, Buiser further discloses, wherein the distal coupler (first engaging member (28)) comprises a first bearing surface and the proximal coupler (second engaging member (30)) comprises a second bearing surface (Figures 4A-6; The engaging members include bearing/end surfaces. Paragraph [0047], end surface (68) provides contact area for pulling (bearing against a corresponding surface on the adjacent member; end surface (70) is pushed by surface (72). These are first and second bearing surfaces (vertical/transverse to axis) on opposed mating surfaces (46, 48)), wherein the first bearing surface engages the second bearing surface to limit relative axial movement therebetween (Bearing end surfaces engage to limit relative axial movement. Paragraphs [0046]-[0047], these surfaces transmit longitudinal forces (push/pull) and engage to resist axial separation while engaged).
Regarding claim 6, Buiser further discloses, wherein the coupler mechanism (detachable link (26)) is adapted such that distal movement of the elongate member (pusher wire (25)) is transmitted through the coupler mechanism to the IMD (embolic coil (24)) while the IMD remains secured to the distal coupler (first engaging member (28)) (Distal advancement of the pusher wire (25) is transmitted through the detachable link (26) to push the embolic coil (24). Paragraph [0047], when engaging member (28) is pushed, end surface (70) is pushed by surface (72) on the adjacent member, meaning force transmission distally. Paragraph [0065], “… actuate the pusher wire to move the coil toward the egress port of the catheter …” – direct push transmission through the engaged link while secured).
Regarding claim 7, Buiser further discloses, wherein the coupler mechanism (detachable link (26)) is adapted such that proximal movement of the elongate member (pusher wire (25)) is transmitted through the coupler mechanism to the IMD (embolic coil (24)) while the IMD remains secured to the distal coupler (first engaging member (28)) (Proximal retraction of the pusher wire (25) pulls the coil (24) proximally via the link. Paragraph [0047], end surface (68) provides a vertical contact area for pulling on a similar surface on the adjacent engaging member. Paragraph [0066], “… draw the coil and/or detachable link back into the catheter …” – proximal pull transmission through the engaged link to recapture or adjust position).
Regarding claim 8, Buiser further discloses, wherein the IMD (embolic coil (24)) comprises an embolic coil (Paragraph [0040]).
Regarding claim 10, Buiser further discloses, wherein the protuberance (extension portion (62)) is adapted to slide radially into the recess (receiving area (60)) complementary to the protuberance (Paragraph [0048] and Figure 6, the mating surfaces allow relative radial movement (separation in the direction indicated by angle (α) when not constrained by the catheter. When unconstrained (exterior to the lumen), the extension portion (62) is capable of moving radially out of (or into, during assembly) the receiving area (60). Paragraphs [0046]-[0047], the receiving area (60) has open side (64, 66), explicitly allowing lateral/radial access rather than purely axial insertion. This open-sided design inherently permits radial sliding engagement/disengagement once the catheter constraint is removed).
Regarding claim 12, Buiser further discloses, wherein the protuberance (extension portion (62)) comprises a rectilinear protuberance (Figures 4A-4B; the extension portion (62) is a rectilinear (rectangular/block-like) protuberance. Further, paragraph [0047], discloses, “… extension portion 62 and receiving area 60 can have a variety of shapes including, for example, a circular, oval, rectangular, multi-sided, or irregular shapes that are adapted to mate with receiving areas and protrusions of a corresponding, or different, shape.”).
Regarding claim 15, as best understood in view of the 112(a) rejection above, Buiser discloses, a system for delivering an embolic coil (Figure 1; Paragraph [0039]), the system comprising:
an elongate sheath (Figure 1, catheter (20)) defining a lumen (Figure 1) extending within the elongate sheath (Paragraph [0040]-[0041]);
an elongate member (Figure 1, pusher wire (25)) extending through the lumen (Figure 1; Paragraph [0040]); and
a coupler mechanism (Figures 1, detachable link (26)) slidingly disposed within the lumen (Figure 1) and releasably coupling an embolic coil (Figure 1, embolic coil (24)) to the elongate member (Paragraph [0040]);
the coupler mechanism adapted to prevent the embolic coil from separating from the elongate member while the coupler mechanism is radially constrained by the elongate sheath (Figure 3A; Paragraph [0045]);
the coupler mechanism adapted to allow the embolic coil to separate from the elongate member when the coupler mechanism is no longer radially constrained by the elongate sheath (Figure 3B; Paragraph [0045]),
wherein the coupler mechanism (detachable link (26)) comprises:
a first coupler segment (Figures 1, 3B, & 8, second engaging member (30)) secured to the elongate member (Figures 1, 3B, & 8; Paragraph [0040]); and
a second coupler (Figures 1, 3B, & 8, first engaging member (28)) segment secured to the embolic coil (Figure 1; Paragraph [0040]);
wherein the first coupler segment (second engaging member (30)) comprises an axial extension (Figures 4A-4B, extension comprising receiving area (60)) extending distally to a protuberance (Figures 4A-4B, extension portion (62)) spaced apart from the elongate member (pusher wire (25)) by the axial extension (Figures 4A-4B; Paragraph [0046]);
wherein the second coupler segment (first engaging member (28)) comprises a recess (Figures 4A-4B, receiving area (60); Paragraph [0046]) formed therein that is complementary to the protuberance (extension portion (62)) such that the protuberance fits within the recess (Figures 3A-3B; Paragraph [0059], discloses in part, “extension portion 62 which mates with recessed area 60.”), and a channel (Figure 2B, recess (35)) extending axially from a proximal most end of the second coupler segment to the recess (In Figure 2B recess (35) is shown on first engaging member (28) and when first engaging member (28) is oriented in detachable link (26) as seen in Figures 1, 3A-3B, and 7A-8, where extension portion (62) engages receiving area (60) of the other engaging member, the recess (35) is indeed extending axially from a proximal most end of the first engaging member (28) to receiving area (60)), wherein the channel (recess (35)) is configured to receive the axial extension (extension comprising receiving area (60)) of the first coupler segment (second engaging member (30)) therein (the extension comprising receiving area (60) includes an elongate protrusion (33) as seen in Figures 2A and 4B and is received in complimentary recess (35), thus creating guide member (32); Paragraphs [0040] and [0053]).
Regarding claim 17, Buiser further discloses, wherein the first coupler segment (second engaging member (30)) is adapted to engage the second coupler segment (first engaging member (28)) and limit relative axial movement therebetween when the coupler mechanism (detachable link (26)) is radially constrained by the elongate sheath (catheter (20)) (The second engaging member (30) and first engaging member (28) limit relative axial movement (via vertical/end bearing surfaces on mating parts) when the detachable link (26) is radially constrained by the catheter (20). Paragraph [0047], vertical surfaces of receiving area (60) and extension portion (62) “allow coupled engaging members 28, 30 to push/pull one another” (axial transmission/limiting relative axial separation under load). The catheter prevents radial separation during transit (Paragraph [0045]; Figure 3A), but once exterior, radial movement is permitted for release).
Regarding claim 18, Buiser further discloses, wherein the first coupler segment (second engaging member (30)) is adapted to disengage the second coupler segment (first engaging member (28)), thereby releasing the embolic coil (embolic coil (24)) from the elongate member (catheter (20)), when the coupler mechanism (detachable link (26)) is not radially constrained by the elongate sheath (Figure 3B; Paragraph [0045]).
Regarding claim 19, Buiser further discloses, wherein the second coupler segment (first engaging member (28)) remains secured to the embolic coil (embolic coil (24)) once the embolic coil has been released from the elongate member (catheter (20)) (Paragraph [0066], “As part of delivery, the user can extend the coil through the end of the catheter and determine if the coil is properly located. If not, the user can then draw the coil and/or detachable link back into the catheter.” Meaning that indeed first engaging member (28) remains secured to the embolic coil (24) once the embolic coil (24) has been released from the catheter (20)).
Regarding claim 20, as best understood in view of the 112(a) rejection above, Buiser discloses, an embolic treatment system (Figure 1; Paragraph [0039]), comprising:
an elongate sheath (Figure 1, catheter (20)) defining a lumen (Figure 1) extending within the elongate sheath (Paragraph [0040]-[0041]);
a coupler mechanism (Figures 1, detachable link (26)) slidingly disposed within the lumen (Figure 1), the coupler mechanism including a proximal coupler (Figures 1, 3B, & 8, second engaging member (30)) and a distal coupler (Figures 1, 3B, & 8, first engaging member (28)) (Paragraph [0040]);
an elongate member (Figure 1, pusher wire (25)) secured to and extending proximally from the proximal coupler (Figure 1; Paragraph [0040]);
an embolic coil (Figure 1, embolic coil (24)) secured to and extending distally from the distal coupler (Figure 1; Paragraph [0040]);
wherein the distal coupler remains secured to the proximal coupler while the coupler mechanism remains within the lumen (Figure 3A; Paragraph [0045]); and
wherein the distal coupler releases from the proximal coupler, thereby releasing the embolic coil and the proximal coupler, when the coupler mechanism is exterior to the lumen (Figure 3B; Paragraph [0045]);
wherein the proximal coupler (second engaging member (30)) comprises an axial extension (Figures 4A-4B, extension comprising receiving area (60)) extending distally from the elongate member (Figures 4A-4B; Paragraph [0046]) and a protuberance (Figures 4A-4B, extension portion (62)) spaced apart from the elongate member (pusher wire (25)) by the axial extension (Figures 4A-4B; Paragraph [0046]);
wherein the distal coupler (first engaging member (28)) comprises a recess (Figures 4A-4B, receiving area (60); Paragraph [0046]) formed therein that is complementary to the protuberance (extension portion (62)) such that the protuberance fits within the recess (Figures 3A-3B; Paragraph [0059], discloses in part, “extension portion 62 which mates with recessed area 60.”), and a channel (Figure 2B, recess (35)) extending axially from a proximal most end of the distal coupler to the recess (In Figure 2B recess (35) is shown on first engaging member (28) and when first engaging member (28) is oriented in detachable link (26) as seen in Figures 1, 3A-3B, and 7A-8, where extension portion (62) engages receiving area (60) of the other engaging member, the recess (35) is indeed extending axially from a proximal most end of the first engaging member (28) to receiving area (60)), wherein the channel (recess (35)) is configured to receive the axial extension (extension comprising receiving area (60)) of the proximal coupler (second engaging member (30)) therein (the extension comprising receiving area (60) includes an elongate protrusion (33) as seen in Figures 2A and 4B and is received in complimentary recess (35), thus creating guide member (32); Paragraphs [0040] and [0053]).
Claim Rejections - 35 USC § 103
Claim(s) 11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Buiser.
Regarding claim 11, Buiser discloses the claimed invention except for the specific shape of the protuberance (extension portion (62)) being trapezoidal. Buiser teaches that the extension portion (62) and receiving area (60) “can have a variety of shapes including, for example, a circular, oval, rectangular, multi-sided, or irregular shapes” (Paragraph [0047]) and further shows that the contact surfaces can be ramped (Figures 5A-5B; Paragraph [0047]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the extension portion (62) of Buiser to be trapezoidal, since it has been held that a change in shape is a matter of obvious design choice. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant).
Regarding claim 13, Buiser discloses the claimed invention except for the specific shape of the protuberance (extension portion (62)) being frustoconical. Buiser teaches that the extension portion (62) and receiving area (60) “can have a variety of shapes including, for example, a circular, oval, rectangular, multi-sided, or irregular shapes” (Paragraph [0047]) and further shows that the contact surfaces can be ramped (Figures 5A-5B; Paragraph [0047]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the extension portion (62) of Buiser to be frustoconical, since it has been held that a change in shape is a matter of obvious design choice. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 14, Buiser discloses the claimed invention except for the specific shape of the protuberance (extension portion (62)) being bulbous. Buiser teaches that the extension portion (62) and receiving area (60) “can have a variety of shapes including, for example, a circular, oval, rectangular, multi-sided, or irregular shapes” (Paragraph [0047]) and further shows that the contact surfaces can be ramped (Figures 5A-5B; Paragraph [0047]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the extension portion (62) of Buiser to be bulbous, since it has been held that a change in shape is a matter of obvious design choice. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Response to Arguments
Applicant’s arguments, filed 12/09/2025, with respect to claim(s) 1-8, 10-15, and 17-20 under 35 U.S.C. 102(a)(1) and 103 have been considered but they are moot in view of the new ground(s) of rejection.
The new ground(s) of rejection rely on Buiser (US 2009/0043331 A1), which is different from the references applied in the prior rejection of record (Mitelberg (US PGPUB No. 20060276823 A1), Kiyosue (US PGPUB No. 20100312321 A1), Ryan (US PGPUB No. 20180085122 A1), and Kurz (US PGPUB No. 20020016598 A1)). The arguments specifically challenged teachings in the prior art of record. However, the new ground(s) of rejection do not rely on Mitelberg, Kiyosue, Ryan, or Kurz for any teachings or matter or matter challenged in the arguments. Therefore, the arguments are moot and do not apply to the new ground(s) of rejection. See MPEP 1207.02(A)(2) (Arguments not commensurate with the rejection will not be considered persuasive).
See updated rejections above.
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.
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/O.N./Examiner, Art Unit 3771 /TAN-UYEN T HO/Supervisory Patent Examiner, Art Unit 3771