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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
According to one interpretation, the handle of claim 1, lines 17-18 is different from the disclosed rotary member. The drawings are objected to because the handle of claim 1 must be shown or the feature canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
in claim 1, line 18: “shaver-side” should be “shaver side”; and
in claim 1, line 19: “vacuum-side” should be “vacuum side”.
Appropriate correction is required.
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 1, 3-17 19, and 21 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 1 recites “a flow connection on a shaver side, which is fluidically connected to a tissue discharge of the tissue removal device” in lines 3-4, but it is not clear if the tissue removal device is part of the claimed collection device. The preamble “collection device for a tissue removal device” suggests that it is not, but the expression “which is fluidically connected to a tissue discharge of the tissue removal device” suggests that it is. This ambiguity renders claim 1 indefinite.
Claim 1 recites “a flow connection on a vacuum side, which is fluidically connected to a vacuum device” in lines 5-6, but it is not clear if the vacuum device is part of the claimed collection device. This ambiguity renders claim 1 indefinite.
Claim 1 recites “flow connection on the shaver-side” in line 18, but it is not clear if this recitation is the same as, related to, or different from “a flow connection on a shaver side” of claim 1, line 3. If they are the same, “flow connection on the shaver-side” in line 18 should be “the flow connection on the shaver side”. If they are different, their relationship should be made clear, they should be clearly distinguished from each other (e.g., when multiple elements have similar or the same labels, distinct identifiers such as “first” and “second” should be used to clearly differentiate the elements), and any subsequent recitation of “the flow connection on the shaver side” should make it clear which recitation is being referred to.
Claims 3-17 and 19 are rejected by virtue of their dependence from claim 1.
Claim 4 recites “wherein the switching device is operable via a rotary member” in line 2, but it is not clear if the rotary member is the same as, related to, or different from “a handle” of claim 1, lines 17-18. Both the handle and rotary member are said to be operable relative to the switching device, which suggests that they are the same. The different terminology suggests that they are different. This ambiguity renders claim 4 indefinite.
Claim 15 recites “wherein the collection container has a container opening which is closed by a closing element and which is released in a second open position of the closing element, and the piston is held on one side of the collection receptacle facing away from the closing element and is displaced along the collection receptacle in a direction of the container opening” in lines 1-5, which sounds like an action step in an apparatus claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it creates confusion as to when direct infringement occurs. (MPEP 2173.05(p) citing In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011)).
Claim 17 recites “wherein the switching device is switched via a rotary member” in lines 1-2, which sounds like an action step in an apparatus claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it creates confusion as to when direct infringement occurs. (MPEP 2173.05(p) citing In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011)).
Claim 17 recites “wherein the switching device is switched via a rotary member” in lines 1-2, but it is not clear if the rotary member is the same as, related to, or different from “a handle” of claim 1, lines 17-18. Both the handle and rotary member are said to be operable relative to the switching device, which suggests that they are the same. The different terminology suggests that they are different. This ambiguity renders claim 17 indefinite.
Claim 21 recites “a flow connection on a shaver side, which is fluidically connected to a tissue discharge of the tissue removal device” in lines 2-3, but it is not clear if the tissue removal device is part of the claimed collection device. The preamble “collection device for a tissue removal device” suggests that it is not, but the expression “which is fluidically connected to a tissue discharge of the tissue removal device” suggests that it is. This ambiguity renders claim 21 indefinite.
Claim 21 recites “a flow connection on a vacuum side, which is fluidically connected to a vacuum device” in line 4, but it is not clear if the vacuum device is part of the claimed collection device. This ambiguity renders claim 21 indefinite.
Claim 21 recites “wherein a switch device is disposed within the connection housing via which the flow connection on the shaver side is selectively connected to the flow connection on the vacuum side, via the connection path or the bypass path, and a rotary member is disposed between the connection housing and the flow connection on the shaver side, and is connected to the switch device” in lines 15-19, which connotes that the switch device and the rotary member are separate and distinct elements while page 6, lines 22-27 connotes that the rotary member is part of the switch device. This deviation from the written description makes the recitation not clear as to what is intended by the recitation. This ambiguity renders claim 21 indefinite.
Claim 21 recites “wherein the rotary member defines a part of the connection path, and rotation of the rotary member actuates the switch device to selectively direct the fluid flow into the connection path or the bypass path” in lines 20-22. However, the recitation is not clear since there are two contradictory aspects: (1) the rotary member is part of the connection path and (2) the rotary member can direct the fluid flow to the bypass path and away from the connection path. How can part of the connection path be used (i.e., the flow in the rotary member) yet be bypassed at the same time? This contradiction renders claim 21 indefinite.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-7, 9-17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2022/0047283 (Baker)(previously cited).
With respect to claim 1, Baker teaches a collection device for a tissue removal device, comprising:
a flow connection (the stem 404A of Baker; FIGS. 9-10 of Baker) on a shaver side, which is fluidically connected to a tissue discharge of the tissue removal device;
a flow connection (the stem 404B of Baker; FIGS. 9-10 of Baker) on a vacuum side, which is fluidically connected to a vacuum device;
a connection path (the internal passage 434 between the valves 408A and 408B of Baker; FIGS. 9-10 of Baker) which is formed between the flow connection on the shaver side and the flow connection on the vacuum side and via which a fluid flow is formed from the flow connection on the shaver side to the flow connection on the vacuum side; and
a collection container (the cartridge 403 of Baker; FIGS. 9-10 of Baker) forming a flow portion of the connection path for receiving tissue material from the fluid flow,
wherein a bypass path (the internal passage 435 of Baker; FIGS. 9-10 of Baker) separate from the collection container is formed between the flow connection on the shaver side and the flow connection on the vacuum side, and
wherein the flow connection on the shaver side (the stem 404A of Baker) and the flow connection on the vacuum side (the stem 404B of Baker) are provided on a connection housing (the chassis 402 of Baker; FIGS. 9-10 of Baker) on which the collection container is held in a removable manner, and
wherein the collection device further comprises a switching apparatus (the flap 438 of Baker; FIGS. 9-14 of Baker) operable by a handle (the actuator 436A, the spring 446, the dashpot 450, or the linkage 456 of Baker; FIGS. 9-14 of Baker) to selectively connect flow connection on the shaver-side (the stem 404A of Baker) to the flow connection on the vacuum-side (the stem 404B of Baker) via the connection path (the internal passage 434 between the valves 408A and 408B of Baker; FIGS. 9-10 of Baker) or the bypass path (the internal passage 435 of Baker; FIGS. 9-10 of Baker).
With respect to claim 3, Baker teaches that the switching device (the flap 438 of Baker; FIGS. 9-14 of Baker) is formed by a two-way valve (paragraphs 0077 and 0079-0087 of Baker).
With respect to claim 4, Baker teaches that the switching device (the flap 438 of Baker; FIGS. 9-14 of Baker) is operable via a rotary member (the hinge 440 or the motor 454 of Baker; paragraphs 0077 and 0079-0087 of Baker).
With respect to claim 5, Baker teaches that the bypass path (the internal passage 435 of Baker; FIGS. 9-10 of Baker) is formed within the connection housing (the chassis 402 of Baker; FIGS. 9-10 of Baker).
With respect to claim 6, Baker teaches that the collection container (the cartridge 403 of Baker; FIGS. 9-10 of Baker) forms the flow portion of the connection path between an inlet opening (the inlet opening of the cartridge 403 of Baker) and an outlet opening (the outlet opening of the cartridge 403 of Baker; FIG. 9 of Baker), wherein a collection receptacle delimited by a sieve device (the filter 412 of Baker) is provided in the flow portion.
With respect to claim 7, Baker teaches that the sieve device is formed by a planar sieve surface (the filter 412 of Baker is shown to be planar), which is attached upstream of the outlet opening in a direction of flow (FIG. 9 of Baker shows the filter 412 upstream of the outlet opening of the cartridge 403 of Baker).
With respect to claim 9, Baker teaches that a closing element (the self-sealing mechanism of paragraph 0077 of Baker) is held on the removable collection container (the cartridge 403 of Baker; FIGS. 9-10 of Baker; paragraph 0079 of Baker) and is adjustable between a first open position in which the inlet opening of the collection receptacle is released, and a closed position, in which the inlet opening is closed (paragraphs 0077 and 0079-87 of Baker).
With respect to claim 10, Baker teaches that the closing element (the self-sealing mechanism of paragraph 0077 of Baker) is configured to be brought automatically into the first open position when the collection container is attached to the connection housing (paragraphs 0077 and 0079-87 of Baker).
With respect to claim 11, Baker teaches that the closing element (the self-sealing mechanism of paragraph 0077 of Baker) is configured to be brought into the closed position automatically when the closing element is removed from the collection container (paragraphs 0077 and 0079-87 of Baker).
With respect to claim 12, Baker teaches that the closing element has an actuating element (the self-sealing mechanism of paragraph 0077 of Baker) via which the closing element is adjustable into the first open position when the collection container (the cartridge 403 of Baker; FIGS. 9-10 of Baker) is attached, by interacting with the connection housing (the chassis 402 of Baker; FIGS. 9-10 of Baker; paragraphs 0077 and 0079-87 of Baker).
With respect to claim 13, Baker teaches that the closing element (the self-sealing mechanism of paragraph 0077 of Baker) is biased into the closed position (paragraphs 0077 and 0079-87 of Baker).
With respect to claim 14, Baker teaches that the collection receptacle (the filter 412 of Baker) is configured to be emptied by means of a piston (paragraph 0099 of Baker, the probe being the piston).
With respect to claim 15, Baker teaches that the collection container (the cartridge 403 of Baker; FIGS. 9-10 of Baker) has a container opening which is closed by a closing element (the self-sealing mechanism of paragraph 0077 of Baker) and which is released in a second open position of the closing element, and the piston is held on one side of the collection receptacle facing away from the closing element and is displaced along the collection receptacle in a direction of the container opening (the probe being the piston and is capable of such an action relative to the filter 412 of Baker).
With respect to claim 16, Baker teaches that the piston is displaceable along an inner surface of the sieve device (paragraph 0099 of Baker, the probe being the piston which is movable relative to the filter 412 of Baker).
With respect to claim 17, Baker teaches that the switching device (the flap 438 of Baker; FIGS. 9-14 of Baker) is switched via a rotary member (the hinge 440 or the motor 454 of Baker; paragraphs 0077 and 0079-0087 of Baker).
With respect to claim 19, Baker teaches that the bypass path (the internal passage 435 of Baker; FIGS. 9-10 of Baker) is formed within the connection housing (the chassis 402 of Baker; FIGS. 9-10 of Baker).
Claims 1, 3-6, 17, 19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2004/0178129 (Rizzo)(previously cited).
With respect to claim 1, Rizzo teaches a collection device for a tissue removal device, comprising:
a flow connection (the hose connection 20’ of Rizzo) on a shaver side, which is fluidically connected to a tissue discharge of the tissue removal device;
a flow connection (the hose connection 25’ of Rizzo) on a vacuum side, which is fluidically connected to a vacuum device;
a connection path (the conduits 21 and 26 of Rizzo) which is formed between the flow connection on the shaver side and the flow connection on the vacuum side and via which a fluid flow is formed from the flow connection on the shaver side to the flow connection on the vacuum side; and
a collection container (the filter 15 of Rizzo) forming a flow portion of the connection path for receiving tissue material from the fluid flow,
wherein a bypass path (the longitudinal channels 16 of Rizzo) separate from the collection container is formed between the flow connection on the shaver side and the flow connection on the vacuum side, and
wherein the flow connection on the shaver side (the hose connection 20’ of Rizzo) and the flow connection on the vacuum side (the hose connection 25’ of Rizzo) are provided on a connection housing (the body 11 of Rizzo) on which the collection container is held in a removable manner, and
wherein the collection device further comprises a switching apparatus (the diverter means 29 of Rizzo) operable by a handle (the button 33 of Rizzo) to selectively connect flow connection on the shaver-side (the hose connection 20’ of Rizzo) to the flow connection on the vacuum-side (the hose connection 25’ of Rizzo) via the connection path (the conduits 21 and 26 of Rizzo) or the bypass path (the longitudinal channels 16 of Rizzo).
With respect to claim 3, Rizzo teaches that the switching device (the diverter means 29 of Rizzo) is formed by a two-way valve (paragraph 0028 of Rizzo).
With respect to claim 4, Rizzo teaches that the switching device (the diverter means 29 of Rizzo) is operable via a rotary member (the pivot axis 31 of Rizzo).
With respect to claim 5, Rizzo teaches that the bypass path (the longitudinal channels 16 of Rizzo) is formed within the connection housing (the body 11 of Rizzo).
With respect to claim 6, Rizzo teaches that the collection container (the filter 15 of Rizzo) forms the flow portion of the connection path between an inlet opening (the inlet opening of the filter 15 of Rizzo) and an outlet opening (the outlet opening of the filter 15 of Rizzo), wherein a collection receptacle delimited by a sieve device (the porous circumference of the filter 15 of Rizzo) is provided in the flow portion.
With respect to claim 17, Rizzo teaches that the switching device (the diverter means 29 of Rizzo) is switched via a rotary member (the pivot axis 31 of Rizzo).
With respect to claim 19, Rizzo teaches that the bypass path (the longitudinal channels 16 of Rizzo) is formed within the connection housing (the body 11 of Rizzo).
With respect to claim 21, Rizzo teaches a collection device for a tissue removal device, comprising:
a flow connection (the hose connection 20’ of Rizzo) on a shaver side, which is fluidically connected to a tissue discharge of the tissue removal device;
a flow connection (the hose connection 25’ of Rizzo) on a vacuum side, which is fluidically connected to a vacuum device;
a connection path (the conduits 21 and 26 of Rizzo) formed between the flow connection on the shaver side and the flow connection on the vacuum side and via which a fluid flow is formed from the flow connection on the shaver side to the flow connection on the vacuum side; and
a collection container (the filter 15 of Rizzo) forming a flow portion of the connection path for receiving tissue material from the fluid flow,
wherein a bypass path (the longitudinal channels 16 of Rizzo) separate from the collection container is formed between the flow connection on the shaver side and the flow connection on the vacuum side,
wherein the flow connection on the shaver side (the hose connection 20’ of Rizzo) and the flow connection on the vacuum side (the hose connection 25’ of Rizzo) are provided on a connection housing (the body 11 and the portion of the connection 12 holding the button 33 and the spring 32 of Rizzo) on which the collection container is held in a removable manner,
wherein a switch device (the diverter means 29 of Rizzo) is disposed within the connection housing (the body 11 and the portion of the connection 12 holding the button 33 and the spring 32 of Rizzo) via which the flow connection on the shaver side (the hose connection 20’ of Rizzo) is selectively connected to the flow connection on the vacuum side (the hose connection 25’ of Rizzo), via the connection path (the conduits 21 and 26 of Rizzo) or the bypass path (the longitudinal channels 16 of Rizzo), and a rotary member (the pivot axis 31 of Rizzo) is disposed between the connection housing and the flow connection on the shaver side (i.e., in the tapered portion of the connection 12), and is connected to the switch device (the diverter means 29 of Rizzo), and
wherein the rotary member (the pivot axis 31 of Rizzo) defines a part of the connection path, and rotation of the rotary member (the pivot axis 31 of Rizzo) actuates the switch device (the diverter means 29 of Rizzo) to selectively direct the fluid flow into the connection path (the conduits 21 and 26 of Rizzo) or the bypass path (the longitudinal channels 16 of Rizzo).
Claim Rejections - 35 USC § 103
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Baker, in view of U.S. Patent Application Publication No. 2021/0316127 (Buck)(previously cited).
With respect to claim 8, Baker teaches a collection receptacle (the filter 412 of Baker) and a collection container (the cartridge 403 of Baker; FIGS. 9-10 of Baker). Buck teaches a transparent sidewall or window on a collection chamber can be used to view a filter (paragraph 0096 of Buck). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a transparent window in the cartridge 403 of Baker so as to view the status of the filter 412 and/or the cartridge 403 of Baker. Thus, the combination teaches or suggest that the collection receptacle (the filter 412 of Baker) is configured to be observed through a transparent region of the collection container (the transparent window in the cartridge 403 of Baker).
Claim 14-16 is rejected under 35 U.S.C. 103 as being unpatentable over Rizzo, in view of SE 511575 (Lundgren)(previously cited). Citations to Lundgren will refer to the English machine translation that accompanied the Office Action mailed on 10/1/2025.
With respect to claims 14-16, Rizzo teaches a collection container (the filter 15 of Rizzo) which can be attached in the connection path for receiving tissue material from the fluid flow. Also, paragraph 0028 of Rizzo teaches the collection, recovery, and reuse of the solid fragments caught in the filter 15, which connotes that the filter 15 and the body 11 are removable from each other. Lundgren teaches that such filters can be cleaned through the use of a piston rod displaced through the filter (page 3 of Lundgren). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the cleaning protocol of Lundgren for the filter 15 of Rizzo since it permits the removal of the material collected in the filter.
With respect to claim 14, the combination teaches or suggest that the collection receptacle (the porous circumference of the filter 15 of Rizzo) is configured to be emptied by means of a piston (the piston of Lundgren).
With respect to claim 15, the combination teaches or suggest that the collection container (the filter 15 of Rizzo) has a container opening which is closed by a closing element (the diverter means 29 of Rizzo) and which is released in a second open position of the closing element (the separation of the filter 15 from the diverter means 29 of Rizzo), and the piston is held on one side of the collection receptacle facing away from the closing element and is displaced along the collection receptacle in a direction of the container opening (FIG. 2 of Lundgren).
With respect to claim 16, the combination teaches or suggest that the piston is displaceable along an inner surface of the sieve device (the piston of Lundgren is movable relative to the filter 15 of Rizzo).
Response to Arguments
The Applicant’s arguments filed 12/22/2025 have been fully considered.
Drawing objections
There are new drawing objections that were necessitated by the claim amendments filed on 12/22/2025.
Claim objections
There are new claim objections that were necessitated by the claim amendments filed on 12/22/2025.
35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph
There are new claim rejections under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, that were necessitated by the claim amendments filed on 12/22/2025.
Prior art rejection based on Baker
The Applicant asserts:
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This argument is not persuasive since the claim language does not require that the switching apparatus operates independently of the container’s mounting state or allow the user to toggle between the connection path and bypass path via a handle at any time during the operation. Rather, the claim language only requires that the collection device further comprises a switching apparatus operable by a handle to selectively connect flow connection on the shaver-side to the flow connection on the vacuum-side via the connection path or the bypass path. Baker teaches this limitation in the form of a switching apparatus (the flap 438 of Baker; FIGS. 9-14 of Baker) operable by a handle (the actuator 436A, the spring 446, the dashpot 450, or the linkage 456 of Baker; FIGS. 9-14 of Baker) to selectively connect flow connection on the shaver-side (the stem 404A of Baker) to the flow connection on the vacuum-side (the stem 404B of Baker) via the connection path (the internal passage 434 between the valves 408A and 408B of Baker; FIGS. 9-10 of Baker) or the bypass path (the internal passage 435 of Baker; FIGS. 9-10 of Baker). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claims 3-7, 9-17, and 19 are properly rejected based on Baker since claim 1 is properly rejected based on Baker and Baker teaches the features of these claims.
Claim 8 is properly rejected based on Baker and Buck since claim 1 is properly rejected based on Baker and Baker and Buck teach or suggest the features of this claim.
Prior art rejection based on Rizzo
The Applicant asserts:
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This argument is not persuasive since it is not commensurate with the rejection. It is the filter 15 of Rizzo that is the claimed collection container (the filter 15 of Rizzo). The filter 15 is clearly a different structure from the body 11 of Rizzo which is the connection housing of the claimed device. Since they are different structures, the filter 15 and the body 11 are removable from each other. Further, paragraph 0028 teaches the collection, recovery, and reuse of the solid fragments caught in the filter 15, which connotes that the filter 15 and the body 11 are removable from each other.
Claims 3-6, 17, and 19 are properly rejected based on Rizzo since claim 1 is properly rejected based on Rizzo and Rizzo teaches the features of these claims.
Claims 14-16 are properly rejected based on Rizzo and Lundgren since claim 1 is properly rejected based on Rizzo and Rizzo and Lundgren teach or suggest the features of these claims.
Also, Rizzo teaches the features of claim 21 as explained in the above rejection.
Conclusion
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW KREMER whose telephone number is (571)270-3394. The examiner can normally be reached Monday - Friday 8 am to 6 pm; every other Friday off.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JACQUELINE CHENG can be reached at (571) 272-5596. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW KREMER/Primary Examiner, Art Unit 3791