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 § 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.
Claim(s) 1, 3-6, 9-12, and 24 are rejected under 35 U.S.C. 103 as being unpatentable by Gill(WO 2022221644 A2) in view of Maschino(US 20070179557 A1).
Regarding claim 1, Gill discloses a stimulation system for changing cerebral spinal fluid flow rates through the brain comprising: a stimulator, the stimulator comprising a sensory stimulation device designed to stimulate one or more sensory receptors; a power controller designed to provide a stimulation; a modulator system designed to control modulation of the stimulation by generating a stimulation wave; so as to cause pulsatile dilation and relaxation of a blood vessel or perivascular tissue to change cerebrospinal fluid flow through perivascular spaces in the brain( In some embodiments, a device described herein is configured to increase cerebral blood flow and modulate vessels[00213]), a communications module designed to send data and receive instructions executable by one of the stimulator, the modulator system, or the power controller to change the stimulation; a remote device comprising; a processor; a memory coupled to the processor, the memory comprising computer readable instructions executable by the processor, the processor operable when executing the instructions to send instructions to the communications module to change the stimulation(Disclosed herein, in one aspect, is a device assembly for neural stimulation of a plurality of target nerves in a patient, the device comprising: a) a power source; b) a first neural stimulator configured to deliver a first stimulation to a first target nerve of the plurality of target nerves, the first neural stimulator in operative communication with the power source; c) a second neural stimulator configured to deliver a second stimulation to a second target nerve of the plurality of target nerve, the second neural stimulator in operative communication with the power source, wherein the first target nerve is different from the second target nerve; d) a controller in operative communication with the power source, the first neural stimulator, and the second neural stimulator, wherein the controller is configured to deliver one or both of the first stimulation and the second stimulation[0014]. n some embodiments, the microcontroller is configured to be in operative communication with a memory component (e.g., a non-volatile memory component) to store different stimulation profiles that can be selected via user input from the interface for the electric current to be delivered to a given set of electrodes[0088]); and a physiological sensor configured to measure a physiological parameter of the patient, wherein the modulator system is further configured to adjust at least one of an amplitude, frequency, or duty cycle of the stimulation wave based on a signal from the physiological sensor to change cerebrospinal fluid flow through the brain(In some embodiments, the feedback comprises feedback from a physiological monitor (e.g., oximeter measuring blood oxygenation level, sensor detecting muscle contraction (as described herein), etc.). [00173] In some embodiments, the user will adjust the first and/or second stimulation profile 1010 based on the feedback received. For example, the user will adjust the first and/or second stimulation profile so as to remove the pain experienced by the patient, or improve the stimulation sensation to the first and/or second target nerve[00174]). Gill fails to disclose “the stimulation wave comprising: a first period in which the stimulation is delivered at a first amplitude in the range of 100 microamps to 40 milliamps and at a first frequency in the range of 0.01 Hz to 5,000 Hz, the first period having a duration in the range of 0.1 seconds to 60 seconds; and a second period in which the amplitude of the stimulation signal is reduced to a level at or below the first amplitude or the stimulation is discontinued, the second period having a duration in the range of 1 second to 120 seconds; the stimulation wave further comprising a duty cycle, the duty cycle wherein the first and second periods alternate repeatedly at the duty cycle”.
However, Maschino teaches “ On-time and off-time parameters may be used to define an intermittent pattern in which a repeating series of signals may be generated for stimulating the nerve 105 during the on-time. Such a sequence may be referred to as a "pulse burst." This sequence may be followed by a period in which no signals are generated. During this period, the nerve is allowed to recover from the stimulation during the pulse burst. The on/off duty cycle of these alternating periods of stimulation and idle periods may have a ratio in which the off-time may be set to zero, providing continuous stimulation[0093][Table 1]. A physiological response to the evoking signal is sensed. At least one parameter relating to a therapeutic neuromodulation signal provided by the implantable medical device is adjusted based upon the physiological response to the evoking signal[0018].
PNG
media_image1.png
118
403
media_image1.png
Greyscale
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve branch stimulation with the stimulation wave parameters of the neuromodulation of Maschino. Doing so would specify wave parameters as well as two set time periods that alternate and repeat in order create dilation of a blood vessel.
Regarding claim 4, Gill in view of Maschino teaches the stimulation system of claim 1, wherein the physiological sensor uses infrared light(In some embodiments, the one or more physiological parameters comprises measurements of cortical electrical activity through EEG monitoring, measurements of tissue oxygenation through near-infrared spectroscopy, blood oxygenation through an oximeter, blood flow velocity and/or pulsatility index through transcranial doppler ultrasound, laser speckle imaging, or through diffusion correlation spectroscopy, cerebral metabolism through combination of measures from near-infrared spectroscopy and diffusion correlation spectroscopy, or a combination thereof[00106]).
Regarding claim 5, Gill in view of Maschino teaches the stimulation system of claim 4, wherein the physiological sensor uses the fNIRS method(In some embodiments, a physiological monitoring system comprising an electroencephalogram (EEG), near-infrared spectroscopy, or other technology is capable of detecting cerebral blood flow, and/or any other key vital to monitor and provide safe stimulation ranges[0064]).
Regarding claim 6, Gill in view of Maschino teaches the stimulation system of claim 1, wherein the physiological sensor is an EEG sensor(In some embodiments, the one or more physiological monitors comprise monitoring pulse rate, blood pressure, mean arterial pressure, neural monitoring (e.g., via EEG), blood oxygenation levels, blood flow velocity and/or pulsatility index, calculations of tissue perfusion, brain functional activity, or a combination thereof[0091]).
Regarding claim 9, Gill in view of Maschino teaches the stimulation system of claim 1, wherein the stimulator is in an eye mask, a headband, a cap, a neck piece, a pillow, a blower, or a mouthpiece(In some embodiments, the strap 706 comprises an elastic strap, an elastic band, or other stretchable material that enables the strap to securely wrap around a patient’s head, and thereby enabling a secure and sufficient contact of the electrode housing (and thereby electrodes) and a patient’s face[0161]).
Regarding claim 10, Gill in view of Maschino teaches the stimulation system of claim 1, further comprising a second stimulator, the second stimulator comprising an electrical stimulator(a second neural stimulator configured to deliver a second stimulation to a second target nerve of the plurality of target nerve, the second neural stimulator in operative communication with the power source[0088]).
Regarding claim 11, Gill in view of Maschino teaches the stimulation system of claim 10, wherein the second stimulator further has at least one electrode(the second stimulation profile comprises corresponding stimulation parameters corresponding to a current to be delivered to a second set of electrodes[00166]).
Regarding claim 12, Gill in view of Maschino teaches the stimulation system of claim 1, wherein the remote device includes a wireless communication module designed to wirelessly communicate with the communications module(In some embodiments, the stimulation/monitoring component 201 is in operative communication with the programming component 203 via a cable (e.g., wired connection), dock (e.g., docked connection), and/or wirelessly (e.g., via Bluetooth, wi-fi, cellular data, etc)[00123]).
Regarding claim 24, Gill discloses a stimulation system for changing cerebral spinal fluid flow rates through the brain comprising: a stimulator, the stimulator having at least one implantable component with a stimulation means designed to stimulate one or more sensory receptors; a power controller designed to provide a stimulation; a modulator system designed to control modulation of the stimulation; stimulation by generating a stimulation wave, the stimulation wave comprising( In some embodiments, the one or more stimulation parameters comprises the corresponding amplitude and/or frequency of a cycle for a stimulation profile being delivered (e.g., amplitude and frequency of a sine wave), the total duration of the cycle to be delivered, the frequency of those durations, minimum pulse width, duty cycle, and/or the total number of cycles to deliver[0081]): so as to cause pulsatile dilation and relaxation of a blood vessel or perivascular tissue to change cerebrospinal fluid flow through perivascular spaces in the brain( In some embodiments, a device described herein is configured to increase cerebral blood flow and modulate vessels[00213]), a communications module designed to receive instructions executable by one of the stimulator, the modulator system, or the power controller to change the stimulation; a remote device comprising; a processor; a memory coupled to the processor, the memory comprising computer readable instructions executable by the processor, the processor operable when executing the instructions to send instructions to the communications module to change the stimulation(Disclosed herein, in one aspect, is a device assembly for neural stimulation of a plurality of target nerves in a patient, the device comprising: a) a power source; b) a first neural stimulator configured to deliver a first stimulation to a first target nerve of the plurality of target nerves, the first neural stimulator in operative communication with the power source; c) a second neural stimulator configured to deliver a second stimulation to a second target nerve of the plurality of target nerve, the second neural stimulator in operative communication with the power source, wherein the first target nerve is different from the second target nerve; d) a controller in operative communication with the power source, the first neural stimulator, and the second neural stimulator, wherein the controller is configured to deliver one or both of the first stimulation and the second stimulation[[0014]. n some embodiments, the microcontroller is configured to be in operative communication with a memory component (e.g., a non-volatile memory component) to store different stimulation profiles that can be selected via user input from the interface for the electric current to be delivered to a given set of electrodes[0088]), and a physiological sensor configured to measure a physiological parameter of the patient, wherein the modulator system is further configured to adjust at least one of an amplitude, frequency, or duty cycle of the stimulation wave based on a signal from the physiological sensor to change cerebrospinal fluid flow through the brain(In some embodiments, the feedback comprises feedback from a physiological monitor (e.g., oximeter measuring blood oxygenation level, sensor detecting muscle contraction (as described herein), etc.). [00173] In some embodiments, the user will adjust the first and/or second stimulation profile 1010 based on the feedback received. For example, the user will adjust the first and/or second stimulation profile so as to remove the pain experienced by the patient, or improve the stimulation sensation to the first and/or second target nerve[00174]). Gill fails to disclose “the stimulation wave comprising: a first period in which the stimulation is delivered at a first amplitude in the range of 100 microamps to 40 milliamps and at a first frequency in the range of 0.01 Hz to 5,000 Hz, the first period having a duration in the range of 0.1 seconds to 60 seconds; and a second period in which the amplitude of the stimulation signal is reduced to a level at or below the first amplitude or the stimulation is discontinued, the second period having a duration in the range of 1 second to 120 seconds; the stimulation wave further comprising a duty cycle, the duty cycle wherein the first and second periods alternate repeatedly at the duty cycle”.
However, Maschino teaches “ On-time and off-time parameters may be used to define an intermittent pattern in which a repeating series of signals may be generated for stimulating the nerve 105 during the on-time. Such a sequence may be referred to as a "pulse burst." This sequence may be followed by a period in which no signals are generated. During this period, the nerve is allowed to recover from the stimulation during the pulse burst. The on/off duty cycle of these alternating periods of stimulation and idle periods may have a ratio in which the off-time may be set to zero, providing continuous stimulation[0093][Table 1]. A physiological response to the evoking signal is sensed. At least one parameter relating to a therapeutic neuromodulation signal provided by the implantable medical device is adjusted based upon the physiological response to the evoking signal[0018].
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve branch stimulation with the stimulation wave parameters of the neuromodulation of Maschino. Doing so would specify wave parameters as well as two set time periods that alternate and repeat in order create dilation of a blood vessel.
Claim(s) 2, 7, 8, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Gill in view of Maschino and further in view of Black(WO 2019173468 A1)(cited previously).
Regarding claim 2, Gill in view of Maschino teaches the stimulation system of claim 1, but fails to disclose wherein the sensory stimulation device is designed to change the temperature of the surrounding tissue. However, Black teaches “a thermoelectric device thermally coupled to the earpiece and configured to heat and/or cool the earpiece to thereby heat and/or cool the ear canal of the subject[abstract]”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve stimulation system of Gill with the neurostimulation method of Black. Doing so would specify a thermoelectric device in the system to control tissue temperature to enhance stimulation.
Regarding claim 7, Gill in view of Maschino and Black teaches the stimulation system of claim 2, wherein the sensory stimulation device includes a thermoelectric device(Gill - In some embodiments, thermal stimulation comprises delivering one or more laser pulses to one or more target nerves, and/or using a thermoelectric heat pump[0069]).
Regarding claim 8, Gill in view of Maschino and Black teaches the stimulation system of claim 7, wherein the thermoelectric device is a conformable thermoelectric device configured to conform to an anatomy(In some embodiments, the electrode housing 704 is flexible, and configured to conform with a wide variety of patient face shapes and/or head shapes[0161]).
Regarding claim 15, Gill in view of Maschino teaches the stimulation system of claim 1, but fails to disclose wherein one of the modulator system, the power con- troller, or the stimulator is designed to create a stimulation wave having a predetermined periodicity, the stimulation wave further having a period of stimulation and a period of relaxation.
However, Black teaches “For each administered CVS stimulus, a time to entrainment (T.sub.E) and/or a time to relaxation (T.sub.R) of at least one physiological oscillatory pattern may be determined, such as cross-functional coupling. If the time to entrainment and the time to relaxation of the at least one physiological oscillatory pattern are within target ranges (e.g., exceed a threshold) for one of the at least one CVS stimulus, then that at least one CVS stimulus may be an optimized CVS stimulus, which may be administered to the subject (e.g., once, or on multiple occasions during a first or an initial or subsequent treatment interval) as treatment. Periodic measurements of the at least one physiological oscillatory pattern may be performed to gauge when durable gains have been achieved[0199]”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve stimulation system of Gill with the neurostimulation method of Black. Doing so would specify breaks or changes in the stimulation to allow the patient to relax.
Regarding claim 16, Gill in view of Maschino teaches the stimulation system of claim 1, but fails to disclose wherein the stimulation wave provides stimulation during the period of stimulation and provides reduced stimulation during the period of relaxation. However, Black teaches “the subject while determining a time to entrainment (T.sub.E) of at least one physiological oscillatory pattern to the stimulus in the subject, and then ceasing the stimulus and then determining a time to relaxation (T.sub.R) of the oscillatory pattern from the entrainment[0208]”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve stimulation system of Gill with the neurostimulation method of Black. Doing so would specify breaks or changes in the stimulation to allow the patient to relax.
Regarding claim 17, Gill in view of Maschino teaches the stimulation system of claim 1, but fails to disclose wherein the stimulation wave provides stimulation during the period of stimulation and provides an opposite stimulation during the period of relaxation. However, Black teaches “the subject while determining a time to entrainment (T.sub.E) of at least one physiological oscillatory pattern to the stimulus in the subject, and then ceasing the stimulus and then determining a time to relaxation (T.sub.R) of the oscillatory pattern from the entrainment[0208]”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve stimulation system of Gill with the neurostimulation method of Black. Doing so would specify breaks or changes in the stimulation to allow the patient to relax.
Regarding 18, Gill in view of Maschino and Black teaches the stimulation system of claim 17, but Gill fails to disclose wherein the sensory stimulation device is configured to cool during the period of stimulation and is further configured to heat during the period of relaxation. However, Black teaches “The device used by the patient in Wilkinson for vestibular stimulation included a headset fashioned like music headphones with aluminum earpieces that contained a solid-state heater/cooler element which warmed and cooled the external ear canals via controlled, time- varying thermal waveforms[0223]. Measurements, during the application of VNM, can be made to see the onset and relaxation times associated with changes in acute habituation to sensory stimuli[0218]”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve stimulation system of Gill with the neurostimulation method of Black. Doing so would specify breaks or changes in the stimulation to allow the patient to relax.
Claim 14 are rejected under 35 U.S.C. 103 as being unpatentable over Gill in view of Maschino and further in view of Bradley(US 11318310 B1).
Regarding claim 14, Gill in view of Maschino teaches the stimulation system of claim 1, but fails to disclose wherein one of the modulator system, the power controller, or the stimulator is designed to create a stimulation wave, the stimulation wave being configured to change blood vessel diameter. However, Bradley teaches “Accordingly, as used herein, the terms “stimulate” and “stimulation” refer generally to signals, methods and/or systems that affect the functioning of the target neural population (e.g., in an excitatory or inhibitory way) via an electrical field. Representative functions include blood vessel diameter, blood pressure, cardiac function, kidney function, adrenal function, gastrointestinal function, autoimmune function (e.g., via splenic modulation) hepatic function, brain function, and/or pancreatic function(Detailed Description, paragraph 3)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve stimulation system of Gill with the neuromodulation method of Bradley. Doing so would specify stimulation has the ability to affect blood vessel diameter and alter flow in the patient.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Gill in view of Maschino and further in view of Mayer(US 20190247680 A1) (cited previously).
Regarding claim 19, Gill in view of Maschino teaches the stimulation system of claim 1, but fails to disclose wherein the modulator system is a ventilation system. However, Mayer teaches “The first therapeutic device also comprises a memory device with control instructions for controlling the ventilator[0564]”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve stimulation system of Gill with the therapeutic energy system of Meyer. Doing so would specify a ventilator in the system to aid with circulation and airflow for the patient.
Claims 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Gill in view of in view of Bradley(US 11318310 B1) (cited previously).
Regarding claim 20, Gill disclose the a method of changing cerebral spinal fluid flow rates through the brain comprising: providing a stimulator, the stimulator comprising a sensory stimulation device designed to stimulate a sensory receptor; a power controller designed to provide a stimulation; a modulator system designed to control modulation of the stimulation; and providing a stimulation wave to the sensory receptor; stopping the stimulation wave(Disclosed herein, in one aspect, is a device assembly for neural stimulation of a plurality of target nerves in a patient, the device comprising: a) a power source; b) a first neural stimulator configured to deliver a first stimulation to a first target nerve of the plurality of target nerves, the first neural stimulator in operative communication with the power source; c) a second neural stimulator configured to deliver a second stimulation to a second target nerve of the plurality of target nerve, the second neural stimulator in operative communication with the power source, wherein the first target nerve is different from the second target nerve; d) a controller in operative communication with the power source, the first neural stimulator, and the second neural stimulator, wherein the controller is configured to deliver one or both of the first stimulation and the second stimulation[[0014]. n some embodiments, the microcontroller is configured to be in operative communication with a memory component (e.g., a non-volatile memory component) to store different stimulation profiles that can be selected via user input from the interface for the electric current to be delivered to a given set of electrodes[0088]); but Gill fails to disclose changing blood vessel diameter.
However, Bradley teaches “Accordingly, as used herein, the terms “stimulate” and “stimulation” refer generally to signals, methods and/or systems that affect the functioning of the target neural population (e.g., in an excitatory or inhibitory way) via an electrical field. Representative functions include blood vessel diameter, blood pressure, cardiac function, kidney function, adrenal function, gastrointestinal function, autoimmune function (e.g., via splenic modulation) hepatic function, brain function, and/or pancreatic function(Detailed Description, paragraph 3)”.
It would be obvious to one of ordinary skill in the art before the effective filing date to configure the nerve stimulation system of Gill with the neuromodulation method of Bradley. Doing so would specify stimulation has the ability to affect blood vessel diameter and alter flow in the patient.
Regarding claim 21, Gill in view of Bradley teaches the method of claim 20, further comprising the step of reducing central sympathetic tone(In some embodiments, stimulation using a device described herein is configured to be applied in this setting to increase cerebral or central blood flow during a procedure. In some embodiments, this is in the form of increased flow velocity or through more localized vasodilation. In some embodiments, this change in vascular tone or flow is visualized through existing fluoroscopy technology and a physician may alter the stimulation based on the desired response[00186]. In some embodiments, the devices, systems, and methods described herein are configured to help ease intraprocedural complications and/or help regulate homeostasis in the central nervous system (CNS)[0065]).
Regarding claim 22, Gill in view of Bradley teaches the method of claim 20, further comprising the step of modulating neurotransmitter levels in the brain(In some embodiments, stimulation delivered using a system or device described herein to a patient helps reactivate ascending pathways, activate the thalamus, and modulate neurotransmitters, among other mechanisms[00216]).
Regarding claim 23, Gill in view of Bradley teaches the method of claim 20, further comprising the step of reducing seizures by increasing CSF flow into the parenchyma to reduce non-synaptic coupling(In some embodiments, clinical indications such as those requiring inflammation modulation, increasing central or cerebral blood flow, managing pain, for monitoring and prevention of complications, and/or clearance of unwanted metabolites/proteins, among others, are appropriate use cases for systems and devices described herein to intervene[00211]).
Allowable Subject Matter
Claim 13 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, see Remarks, filed 5/25/2026, with respect to the rejection(s) of claim(s) 1, 4-6, 9-13, and 24 under 35 U.S.C. 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of new art Maschino(US 20070179557 A1). Applicant argues Gill fails to disclose amendments “a first period in which the stimulation is delivered at a first amplitude in the range of 100 microamps to 40 milliamps and at a first frequency in the range of 0.01 Hz to 5,000 Hz, the first period having a duration in the range of 0.1 seconds to 60 seconds; and a second period in which the amplitude of the stimulation signal is reduced to a level at or below the first amplitude or the stimulation is discontinued, the second period having a duration in the range of 1 second to 120 seconds; the stimulation wave further comprising a duty cycle wherein the first and second periods alternate repeatedly at the duty cycle with a modulation period in the range of 0.00001 Hz to 100 Hz” as well as modifying or adjusting the stimulation waveform based on sensed physiological signals. However, new art Maschino teaches “ On-time and off-time parameters may be used to define an intermittent pattern in which a repeating series of signals may be generated for stimulating the nerve 105 during the on-time. Such a sequence may be referred to as a "pulse burst." This sequence may be followed by a period in which no signals are generated. During this period, the nerve is allowed to recover from the stimulation during the pulse burst. The on/off duty cycle of these alternating periods of stimulation and idle periods may have a ratio in which the off-time may be set to zero, providing continuous stimulation[0093][Table 1]. A physiological response to the evoking signal is sensed. At least one parameter relating to a therapeutic neuromodulation signal provided by the implantable medical device is adjusted based upon the physiological response to the evoking signal[0018]”. Regarding further amendments “the duty cycle so as to cause pulsatile dilation and relaxation of a blood vessel or perivascular tissue to change cerebrospinal fluid flow through perivascular spaces in the brain”, the statement falls under an intended use recitation as the duty cycle of the stimulation wave is intended to cause a specific physiologic response. As this is a statement of intent for the stimulation system, prior art does not explicitly need to disclose the limitation. In regards to arguments that prior art fails to disclose modifying CSF flow, [00220] of Gill and [0052] of Maschino both disclose flow of body fluid and CSF. Therefore the combination of Gill and Maschino along with the previously cited prior art disclose the claimed material and the 103 rejections for the claims stand.
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 MARIA CATHERINE ANTHONY whose telephone number is (703)756-4514. The examiner can normally be reached 7:30 am - 4:30 pm, EST, M-F.
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, CARL LAYNO can be reached at (571) 272-4949. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MARIA CATHERINE ANTHONY/Examiner, Art Unit 3796
/CARL H LAYNO/Supervisory Patent Examiner, Art Unit 3796
Prosecution Insights