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 .
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.
Claim(s) 1-3, 5-6, 8-9 & 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tokumoto et al. (U.S. Patent Application 2006/0020211 A1).
Claim 1: Tokumoto teaches –
A cannula insertion system [puncture adapter] [probe] (Figure 13, Element 200 & 228) to insert a cannula into a blood vessel of a human or animal body [an opening edge through which a puncture needle is inserted] (Para 0087), comprising:
Examiner’s Note: Para 0080 discloses that Figures 12-16 are directed to one embodiment and references to any of the Figures of 12-16 are not an improper mixing of embodiments.
an ultrasound probe [probe] (Figure 13, Element228) to provide an ultrasound signal [wave transmitting and receiving surface of the probe 228 in close contact with the living body surface 236] (Para 0086) to determine a location [probe 228 rotates] (Para 0086) of the blood vessel in the human or animal body [the scan plane intersects the axial direction of such a blood vessel 237] (Para 0086); and
Examiner’s Note: The ultrasound probe of Tokumoto is capable of determining the location of the blood vessel when the probe rotates in order to make the location determination.
a cannula insertion device [guide mechanism] (Figure 12 & 15, Element 206) configured to insert the cannula into the blood vessel [an opening edge through which a puncture needle is inserted] (Para 0087) [a guide mechanism for guiding a puncture needle with respect to the target blood vessel in a diagonal direction along the axial direction of the target blood vessel] (Claim 11);
wherein the ultrasound probe [probe] (Figure 13, Element228) comprises a contact surface [Each projecting leg 212A, 212B, 214A, or 214B projects toward the living body side and has a contact surface] (Para 0082 and Figure 12, Element 212A, 212B, 214A & 214B) to contact a skin of the human or animal body [the tip end surface (contact surface) of each projecting leg depresses the living body surface 236] (Para 0086), and
wherein the contact surface comprises one or more protrusions [Each projecting leg 212A, 212B, 214A, or 214B projects toward the living body side and has a contact surface] (Para 0082 and Figure 12, Element 212A, 212B, 214A & 214B) that can be used to stabilize the blood vessel when the contact surface is pressed on the skin [it is possible to reduce or solve the problem of deformation or collapse of the blood vessel while close contact between the wave transmitting and receiving surface and the living body surface 236 is secured] (Para 0086).
Claim 2/1: Tokumoto teaches wherein the one or more protrusions [Each projecting leg] (Para 0082) comprise a first protrusion (Figure 12, Element 212A) and a second protrusion (Figure 12, Element 214A), wherein the first protrusion and the second protrusion are spaced with respect to each other [a pair of leg portions (a pair of side plates) 212 and 214 spaced apart from each other with a rectangular movement region 210 in which the wave transmitting and receiving surface of the probe moves being interposed therebetween] (Para 0082) to provide a recess [movement region] (Figure 12-13, Element 210) therebetween in which the blood vessel can be stabilized [it is possible to reduce or solve the problem of deformation or collapse of the blood vessel while close contact between the wave transmitting and receiving surface and the living body surface 236 is secured] (Para 0086 and See Figures 13-14).
Claim 3/2/1: Tokumoto teaches wherein the ultrasound probe comprises an elongate sensor measurement area [wave transmitting and receiving surface] (Para 0085 and Figure 13) extending in a sensor measurement area direction [level] (Figure 13, Element 232), wherein the first protrusion (Figure 12, Element 212A) and the second protrusion (Figure 12, Element 214A) are arranged on a line extending parallel to the sensor measurement area direction (See Exhibit 1).
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[AltContent: textbox (Exhibit 1 – Annotated Figure 12 of Tokumoto )]
Claim 5/3/2/1: Tokumoto teaches wherein the line extending parallel to the sensor measurement area direction (See Exhibit 1) is spaced [an arch shape recess 220D is formed between a pair of projecting legs 212B and 214B] (Para 0083) from the sensor measurement area [wave transmitting and receiving surface] (Para 0085 and Figure 13).
Claim 6/2/1: Tokumoto teaches wherein the cannula insertion device is arranged to insert the cannula into the blood vessel at a cannula insertion location [The guide mechanism 206 guides a puncture needle] (Para 0081 and Figure 12, Element 206), and wherein the first protrusion and the second protrusion are positioned to be pressed on the skin at opposite sides of the cannula insertion location [the blood vessel 237 is located immediately below the intermediate position between two leg portions, and not immediately below any one leg portion] (Para 0086 and as shown in Figure 13 & 14).
Claim 8/1: Tokumoto teaches wherein the ultrasound probe comprises a housing [puncture adapter] (Figure 12, Element 200) and an exchangeable probe cap [base unit] (Figure 12, Element 202) mounted on the housing and forming at least part of the contact surface of the ultrasound probe (as shown in Figure 10; even though Figure 10 is a different embodiment, it is understood that Element 202 is mounted in a similar manner to Element 200).
Claim 9/8/1: Tokumoto teaches wherein the one or more protrusions [a pair of leg portions (a pair of side plates) 212 and 214 spaced apart from each other with a rectangular movement region 210 in which the wave transmitting and receiving surface of the probe moves being interposed therebetween] (Para 0082) are integrated in the probe cap [base unit] (Figure 12, Element 202).
Claim 17: Tokumoto teaches –
An ultrasound probe [probe] (Figure 13, Element228) to provide an ultrasound signal to determine a location [wave transmitting and receiving surface of the probe 228 in close contact with the living body surface 236] (Para 0086) of a blood vessel in a human or animal body [the scan plane intersects the axial direction of such a blood vessel 237] (Para 0086),
Examiner’s Note: The ultrasound probe of Tokumoto is capable of determining the location of the blood vessel when the probe rotates in order to make the location determination.
wherein the ultrasound probe comprises a contact surface [Each projecting leg 212A, 212B, 214A, or 214B projects toward the living body side and has a contact surface] (Para 0082 and Figure 12, Element 212A, 212B, 214A & 214B) to contact a skin of the human or animal body [the tip end surface (contact surface) of each projecting leg depresses the living body surface 236] (Para 0086),
wherein the contact surface comprises one or more protrusions [Each projecting leg 212A, 212B, 214A, or 214B projects toward the living body side and has a contact surface] (Para 0082 and Figure 12, Element 212A, 212B, 214A & 214B) that can be used to stabilize the blood vessel when the contact surface is pressed on the skin [it is possible to reduce or solve the problem of deformation or collapse of the blood vessel while close contact between the wave transmitting and receiving surface and the living body surface 236 is secured] (Para 0086).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokumoto et al. (U.S. Patent Application 2006/0020211 A1), and further in view of Schwach et al. (U.S. Patent Application 2008/0195043 A1).
Claim 7/2/1: Tokumoto teaches wherein the cannula insertion system further comprises:
a cannula insertion device positioning system to support and position the cannula insertion device [The guide mechanism 206 guides a puncture needle] (Para 0081 and Figure 12, Element 206) [base unit including a guide mechanism for guiding a puncture needle and a moving mechanism for movably supporting the holder to move a wave transmitting and receiving region of the ultrasonic wave relative to a puncture route of the puncture needle] (Para 0008);
an ultrasound probe positioning system to support and position the ultrasound probe [preferable close contact can be maintained even when the probe 228 rotates] (Para 0086) [base unit including a guide mechanism for guiding a puncture needle and a moving mechanism for movably supporting the holder to move a wave transmitting and receiving region of the ultrasonic wave relative to a puncture route of the puncture needle] (Para 0008); and
a control device [the moving mechanism may be configured to be driven automatically] (Para 0012) arranged to control the ultrasound probe positioning system such that during insertion of the cannula into the blood vessel [the moving mechanism moves the holder such that a beam scan plane which is the wave transmitting and receiving region intersects the puncture route and an intersection between the puncture route and the beam scan plane moves along the puncture route] (Para 0013),
the ultrasound probe positioning system positions the first protrusion and the second protrusion on the skin at opposite sides of the cannula insertion location [the blood vessel 237 is located immediately below the intermediate position between two leg portions, and not immediately below any one leg portion] (Para 0086 and as shown in Figure 13 & 14) [the moving mechanism may be configured to be driven automatically] (Para 0012).
Tokumoto fails to teach a control device arranged to control the cannula insertion device positioning system. However, Schwach teaches –
a control device [control unit] (Figure 1, Element 112) arranged to control [the control unit 112 generates corresponding driving signals to the cannula control 114, which in turn is adapted to move the cannula mount 116 into a corresponding position] (Para 0051) the cannula insertion device positioning system [cannula control] (Figure 1, Element 114)
the cannula insertion device positioning system positions the cannula insertion device to insert the cannula into the blood vessel at a cannula insertion location [the control unit 112 generates corresponding driving signals to the cannula control 114, which in turn is adapted to move the cannula mount 116 into a corresponding position] (Para 0051) [cannula 117 advances towards the blood vessel 102] (Para 0052) in order to have a puncture system that is more reliable, less painful, and does not require a skilled handling of the user (Para 0016)
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 controller of Tokumoto to include the cannula controller as taught by Schwach in order to have a puncture system that is more reliable, less painful, and does not require a skilled handling of the user (Para 0016).
Claim(s) 8, 11 & 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokumoto et al. (U.S. Patent Application 2006/0020211 A1), and further in view of Kim et al. (U.S. Patent Application 2014/0340685 A1).
Claim 8/1: Tokumoto teaches wherein the ultrasound probe comprises a housing [puncture adapter] (Figure 12, Element 200) [base unit] (Figure 12, Element 202). In an alternative interpretation of the claim limitations, Tokumoto fails to teach an
exchangeable probe cap. However, Kim teaches wherein the ultrasound probe comprises a housing [bracket] (Figure 6b, Element 110) and an exchangeable probe cap [inner cover] (Figure 6b, Element 140) mounted on the housing (as shown in Figure 6b) and forming at least part of the contact surface of the ultrasound probe (as shown in Figure 6b) in order to thoroughly manage and control the cleanliness of diagnostic equipment in order to avoid cross-contamination (Para 0095)
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 ultrasound probe of Tokumoto to mount the exchangeable probe cap of Kim in order to thoroughly manage and control the cleanliness of diagnostic equipment in order to avoid cross-contamination (Para 0095).
Claim 11/8/1: Tokumoto fails to teach, in an alternative interpretation, a probe cap. However, Kim teaches wherein the probe cap completely forms the contact surface of the ultrasound probe (as shown in Figure 6b) in order to thoroughly manage and control the cleanliness of diagnostic equipment in order to avoid cross-contamination (Para 0095)
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 ultrasound probe of Tokumoto to mount the exchangeable probe cap of Kim in order to thoroughly manage and control the cleanliness of diagnostic equipment in order to avoid cross-contamination (Para 0095).
Claim 13/8/1: Tokumoto fails to teach, in an alternative interpretation, a probe cap. However, Kim wherein the probe cap is an exchangeable hygienic barrier between the housing of the ultrasound probe and the human or animal body (as shown in Figure 6b) in order to thoroughly manage and control the cleanliness of diagnostic equipment in order to avoid cross-contamination (Para 0095)
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 ultrasound probe of Tokumoto to mount the exchangeable probe cap of Kim in order to thoroughly manage and control the cleanliness of diagnostic equipment in order to avoid cross-contamination (Para 0095).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokumoto et al. (U.S. Patent Application 2006/0020211 A1), and further in view of Matsumura et al. (U.S. Patent Application 2007/0244390 A1).
Claim 15/1: Tokumoto teaches wherein the cannula insertion system comprises one or more protrusions [Each projecting leg] (Para 0082) are pressed on the skin of the human or animal body [it is possible to reduce or solve the problem of deformation or collapse of the blood vessel while close contact between the wave transmitting and receiving surface and the living body surface 236 is secured] (Para 0086 and See Figures 13-14).
Tokumoto fails to teach force sensors. However, Matsumura teaches wherein the cannula insertion system comprises one or more force sensors [pressure sensor groups 1002 and 1003 are disposed in the vicinity of the ultrasound transmission and reception surface 1001 on the probe 100] (Para 0068) that are arranged to measure a force [measures the pressure applied to the object to be examined 10 through the probe 100 on the basis of signals output from a pressure sensor group 1002 and 1003 of the probe 100] (Para 0074) in order to more accurately diagnosis by objectively and quantitatively understanding the compression state of the body tissue (Abstract)
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 system of Tokumoto with the force sensors as taught by Matsumura in order to more accurately diagnosis by objectively and quantitatively understanding the compression state of the body tissue (Abstract)
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokumoto et al. (U.S. Patent Application 2006/0020211 A1), and further in view of Neerken et al. (U.S. Patent Application 2008/0275396 A1).
Claim 16: Tokumoto fails to teach a value representative for a non-roundness of the blood vessel. However, Neerken teaches wherein the cannula insertion system [puncture system] (Figure 1, Element 100) is arranged to (See Examiner’s Note) control a pressure with which the ultrasound probe is pressed [lowering of the acquisition module 108 in comparison to the skin surface] (Para 0064) on the human or animal body on the basis of a value representative [decreases its cross section] (Para 0064) for a non-roundness [collapsing or non-collapsing] (Para 0064 and as shown in Figure 4b) of the blood vessel [the acquisition module 108 is pressed against the skin as indicated by the arrow and the lowering of the acquisition module 108 in comparison to the skin surface 303 on the left hand side and on the right hand side of acquisition module 108…vein 300 collapses, i.e. decreases its cross section due to the pressure P. This collapsing or non-collapsing can be detected by appropriate means, for example by an Ultrasound or optical technique] (Para 0064) in order to perform an optimization procedure in order to determine an optimal puncture location of the blood vessel (Para 0033)
Examiner’s Note: The claim limitation includes informing a user on how to control through information to the user.
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 processing of Tokumoto to include the value representative for a non-roundness of the blood vessel as taught by Neerken in order to perform an optimization procedure in order to determine an optimal puncture location of the blood vessel (Para 0033).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Neerken et al. (U.S. Patent Application 2008/0275396 A1), and further in view of Yamamoto (WO 2016/136709 A1; enclosed herein).
Examiner’s Note: The new rejection of Claims 1-2 & 16 is the result of the addition of new Claims 18-20. The previous rejections of Claims 1-3,5-9,11,13 and 15-17 are maintained and the finality of the Office Action is proper.
Claim 1 as required for new dependent Claim 18 & 20:
Neerken teaches –
A cannula insertion system [automated puncture system] (Abstract) to insert a cannula into a blood vessel of a human or animal body [for inserting a cannula or a needle into a blood vessel of a person or an animal] (Abstract), comprising:
an ultrasound [Ultrasound] (Para 0052) probe [imaging probe] (Para 0103 & Figure 1, Element 108) to provide an ultrasound signal to determine a location of the blood vessel in the human or animal body [acquisition module 108 is adapted to acquire…acoustic data from the tissue 106 and the blood vessel 102 that allows to classify at least one blood vessel parameter, such as location of the blood vessel] (Para 0051) [location means comprise optic and/or acoustic or opto-acoustic detection or signaling means and corresponding processing means that are adapted to perform a corresponding signal acquisition and signal processing for deriving relevant parameters for determination of the puncture location] (Para 0026); and
a cannula insertion device [cannula mount] Figure 1, Element 116 & 117) configured to insert [cannula mount…that allow for a precise electronically controlled mechanical movement of the cannula] (Para 0058) the cannula [cannula] Figure 1, Element 117) into the blood vessel [blood vessel] (Figure 1, Element 102);
wherein the ultrasound probe comprises a contact surface to contact a skin of the human or animal body [attaching the puncture system to the surface of the skin of the person or of the animal] (Para 0025 and See Figure 2)
Neerken fails to teach protrusions. However, Yamamoto teaches –
wherein the contact surface comprises one or more protrusions that can be used to stabilize the blood vessel when the contact surface is pressed on the skin [The restricting member 3 is an auxiliary member that assists the puncture with the puncture needle 2 and restricts the position of the blood vessel BV with respect to the puncture direction of the puncture needle 2] (Page 3, Middle of Page & Figure 3a) [As shown in FIG. 1 (a) (the same applies to FIGS. 2 (a) and 3 (a)), in the minimum gap distance portion 33, the blood vessel BV may be sandwiched from the skin S side to take a restricted state] (Page 4, Top of the Page) [restricting member is provided with two long bodies which are arranged side by side at a distance from each other and which have contact surfaces at the distal ends thereof, the contact surfaces being in contact with the surface of an organism when the restricting member is in the restricting state] (Abstract) in order to reduce complexity and improve accuracy in puncturing the radial artery (Page 2, Near the Top of the Page).
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 contact surface of Neerken to include the protrusions as taught by Yamamoto in order to reduce complexity and improve accuracy in puncturing the radial artery (Page 2, Near the Top of the Page).
Claim 2/1 as required for new dependent Claim 18:
Neerken fails to teach protrusions. However, Yamamoto teaches wherein the one or more protrusions comprise a first protrusion [abutting surface] (Figure 2, Element 43 left side) and a second protrusion [abutting surface] (Figure 2, Element 43 right side), wherein the first protrusion and the second protrusion are spaced with respect to each other to provide a recess therebetween [in the minimum gap distance portion 33, the blood vessel BV may be sandwiched from the skin S side to take a restricted state] (Page 4, Top of the Page) in which the blood vessel can be stabilized [restricting member is provided with two long bodies which are arranged side by side at a distance from each other and which have contact surfaces at the distal ends thereof, the contact surfaces being in contact with the surface of an organism when the restricting member is in the restricting state] (Abstract).
Claim 18/2/1: Neerken fails to teach protrusions. However, Yamamoto teaches wherein the recess is configured to receive the blood vessel such that the first protrusion and the second protrusion prevent lateral shift of the blood vessel [The restricting member 3 is an auxiliary member that assists the puncture with the puncture needle 2 and restricts the position of the blood vessel BV with respect to the puncture direction of the puncture needle 2] (Page 3, Middle of Page & Figure 3a) [As shown in FIG. 1 (a) (the same applies to FIGS. 2 (a) and 3 (a)), in the minimum gap distance portion 33, the blood vessel BV may be sandwiched from the skin S side to take a restricted state] (Page 4, Top of the Page) [restricting member is provided with two long bodies which are arranged side by side at a distance from each other and which have contact surfaces at the distal ends thereof, the contact surfaces being in contact with the surface of an organism when the restricting member is in the restricting state] (Abstract) in order to reduce complexity and improve accuracy in puncturing the radial artery (Page 2, Near the Top of the Page).
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 contact surface of Neerken to include the protrusions as taught by Yamamoto in order to reduce complexity and improve accuracy in puncturing the radial artery (Page 2, Near the Top of the Page).
Claim 16 as required for new dependent Claim 19:
Neerken teaches wherein the cannula insertion system [puncture system] (Figure 1, Element 100) is arranged to (See Examiner’s Note) control a pressure with which the ultrasound probe is pressed [lowering of the acquisition module 108 in comparison to the skin surface] (Para 0064) on the human or animal body on the basis of a value representative [decreases its cross section] (Para 0064) for a non-roundness [collapsing or non-collapsing] (Para 0064 and as shown in Figure 4b) of the blood vessel [the acquisition module 108 is pressed against the skin as indicated by the arrow and the lowering of the acquisition module 108 in comparison to the skin surface 303 on the left hand side and on the right hand side of acquisition module 108…vein 300 collapses, i.e. decreases its cross section due to the pressure P. This collapsing or non-collapsing can be detected by appropriate means, for example by an Ultrasound or optical technique] (Para 0064)
Claim 19/16/1: Neerken teaches wherein the cannula insertion system is configured to control pressure with which the ultrasound probe is pressed on the human or animal body [lowering of the acquisition module 108 in comparison to the skin surface] (Para 0064) such that the blood vessel is deformed to have an oval-shaped cross-section [vein 300 collapses, i.e. decreases its cross section due to the pressure P] (Para 0064 and Figure 4b).
Claim 20/1: Neerken teaches wherein the cannula insertion device configured to automatically insert the cannula into the blood vessel to withdraw blood [puncture system provides an entirely automated insertion of a needle or cannula into a person's or animal's blood vessel, which is applicable to e.g. blood sampling or blood withdrawal] (Para 0023).
Response to Arguments
Applicant’s arguments, see Page 7, filed 12/22/2025, with respect to the Claim Objections have been fully considered and are persuasive. The Objections of the Claims has been withdrawn.
Applicant's arguments filed 12/22/2025 have been fully considered but they are not persuasive.
The Applicant submitted arguments that Tokumoto fails to disclose or suggestion “wherein the contact surface comprises one or more protrusions that can be used to stabilize the blood vessel when the contact surface is pressed on the skin”. The Examiner respectfully disagrees.
First the Applicant is interpreting the claim limitation narrower than the claim limitation allows. The claim limitation usage of “can be used” allows for a broader claim interpretation than what the Applicant is appearing to intend. The Examiner contends that the claim limitation allows for the possible operations of the prior art device regardless of its intended operation. For example, the ultrasound probe of Tokumoto can be used to deform the blood vessel to have an oval-shaped cross-section by the operator when applying enough pressure.
Second, the claim limitation of “to stabilize the blood vessel” needs to be examined. The Applicant contends that “the legs do not interact with the blood vessel 237 and thus the blood vessel 237 is not, and cannot be, stabilized by Tokumoto’s legs”. The Applicant is arguing that interaction is required by the claim term, “stabilized”. The Examiner respectfully disagrees. The Britannica Dictionary1 defines stabilize as – to become stable or to make (something) stable: such as to stop quickly changing, increasing, getting worse, etc. The Examiner contends that, in the broadest more reasonable interpretation, the protrusions of Tokumoto not deforming or collapsing the blood vessel is stabilizing the blood vessel. The Examiner contends that the need for direct interaction with the blood vessel is not required by the claim limitation and indirect interaction with the blood vessel through the body allows for the claimed stabilization. The argument is unconvincing.
The rejection is deemed proper and is hereby maintained.
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 HELENE C BOR whose telephone number is (571)272-2947. The examiner can normally be reached Mon - Fri 10:30 - 6:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Koharski can be reached at (571) 272-7230. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Helene Bor/Examiner, Art Unit 3797
/BONIFACE N NGANGA/Primary Examiner, Art Unit 3797
1 https://www.britannica.com/dictionary/stabilize