DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is responsive to the amendment filed on 10/22/2025. As directed by the amendment: claims 1, 3, 9, 14, 17, and 18 have been amended. Thus, claims 1-20 are presently pending in this application.
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.
Claims 1, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over West (US 20030212419 A1) in view of Kaufman et al. (US 20220151635 A1).
Regarding claim 1 West discloses (fig. 1-4) a method of treating a subject, the method comprising:
introducing a distal portion of a medical device 42 into a body lumen of the subject (see fig. 3 and [0031]), wherein the distal portion houses a plurality of strips 40 comprising a biocompatible material (see fig. 2 and [0030]), wherein each strip of the plurality of strips is an individual separate piece (see fig. 2);
positioning the distal portion of the device proximate a target site of a tissue wall of the body lumen that includes a defect 46 (see fig. 3-4 and [0033]); and
applying the plurality of strips 40 to the target site by pushing the plurality of strips out of a distal opening of the device 42 (see fig. 3-4, [0031] and [0033]), wherein the plurality of strips 40 at least partially overlap one another to at least partially fill the defect 46 (see fig. 4).
West discloses that the defect is an aneurysm but is silent regarding the body lumen is the gastrointestinal tract.
Kaufman, in the same filed of endeavor, teaches that aneurysm frequently occur in the gastrointestinal tract (see [0003]) and that embolization coils may be used to treat those aneurysm (see [0148]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify West to treat an aneurysm in the gastrointestinal tract as taught by Kaufman, for the purpose of being able to use the same device to treat aneurysms in a variety of body lumens (see Kaufman [0003]).
Regarding claim 8, West as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. West further discloses (fig. 1-4) pushing the plurality of strips out of the distal opening of the device 42 includes advancing a shaft 18 (see [0029]) of the device distally to push the plurality strips with a distal end of the shaft (see fig. 3-4, [0031] and [0033]).
Regarding claim 9, West as modified discloses the claimed invention substantially as claimed, as set forth above for claim 8. West further discloses (fig. 1-4) the distal end (end with 30 therein) of the shaft 18 has a cross-sectional dimension larger than a cross-sectional dimension of a proximal portion of the shaft 18 (see fig. 3), such that the distal end of the shaft contacts and slides along walls of a lumen as the shaft moves along the lumen (see fig. 3, [0029], [0031] and [0033]).
Claims 1 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani et al. (US 20140031858 A1) in view of Kaufman.
Regarding claim 1 Bhagchandani discloses (fig. 1 and 8-11) a method of treating a subject, the method comprising:
introducing a distal portion of a medical device 100 into a body lumen of the subject (see fig. 8 and [0072]), wherein the distal portion houses a plurality of strips 54 comprising a biocompatible material (see fig. 1 and [0027]), wherein each strip of the plurality of strips is an individual separate piece (see fig. 1);
positioning the distal portion of the device proximate a target site of a tissue wall of the body lumen that includes a defect (aneurysm see fig. 8, [0026], and [0072]); and
applying the plurality of strips 54 to the target site by pushing the plurality of strips out of a distal opening of the device 100 (see fig. 8-9, and [0072]), wherein the plurality of strips 54 at least partially overlap one another to at least partially fill the defect (see fig. 9).
Bhagchandani discloses that the defect is an aneurysm but is silent regarding the body lumen is the gastrointestinal tract.
Kaufman, in the same filed of endeavor, teaches that aneurysm frequently occur in the gastrointestinal tract (see [0003]) and that embolization coils may be used to treat those aneurysm (see [0148]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani to treat an aneurysm in the gastrointestinal tract as taught by Kaufman, for the purpose of being able to use the same device to treat aneurysms in a variety of body lumens (see Kaufman [0003]).
Regarding claim 10, Bhagchandani as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Bhagchandani as modified is silent regarding each strip of the plurality of strips has a length ranging from about 5 mm to about 40 mm, a width ranging from about 1.5 mm to about 5 mm, or a thickness ranging from about 1 µm to about 100 µm.
However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Bhagchandani as modified to have each strip of the plurality of strips has a length ranging from about 5 mm to about 40 mm, a width ranging from about 1.5 mm to about 5 mm, or a thickness ranging from about 1 µm to about 100 µm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Bhagchandani as modified would not operate differently with the claimed length/width/thickness as the strips would still be able to twist and fill a hole. Further, applicant places no criticality on the range claimed, indicating simply that the diameter “may” be within the claimed ranges (specification [0030]).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman as applied to claim 1 above, and further in view of Patterson et al. (US 20060036281 A1).
Regarding claim 2, Bhagchandani as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Bhagchandani as modified is silent regarding the biocompatible material comprises chitosan, cellulose, poly(2-hydroxyethyl methacrylate), polystyrene, collagen, gelatin, fibrin, polyethylene glycol (PEG), hyaluronic acid, a block copolymer, or a combination thereof.
However Patterson, in the same filed of endeavor, teaches of an embolic coil comprising fibers, wherein the fibers comprise a biocompatible material comprises chitosan (see [0074]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the biocompatible material comprises chitosan as taught by Patterson, for the purpose of having a bioactive coating on the fibers to enhance the treatment procedure (see Patterson [0074]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman and Patterson as applied to claim 2 above, and further in view of Murray et al. (US 20210260260 A1).
Regarding claim 3, Bhagchandani as modified discloses the claimed invention substantially as claimed, as set forth above for claim 2. Bhagchandani as modified does not expressly disclose the chitosan comprises thiolated chitosan, chitosan crosslinked with tripolyphosphate, or carboxymethylcellulose chitosan crosslinked with PEGamine.
However Murray, in the same field of endeavor, teaches that a seal for a GI tract can include modified versions of chitosan including thiolated chitosan (see [0045]).
Therefore, the substitution of one known chitosan (thiolated chitosan as taught in Murray) for another (unspecified chitosan as taught in Bhagchandani as modified) would have been obvious to one of ordinary skill in the before the effective filing date of the claimed invention since the substitution of the thiolated chitosan as taught in Murray would have yielded predictable results, namely, a structure of Bhagchandani as modified that would provide a bioactive effect. KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Claims 4 and 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman as applied to claim 1 above, and further in view of in view of Allen et al. (US 20160030047 A1).
Regarding claim 4, Bhagchandani as modified as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Bhagchandani as modified is silent regarding the biocompatible material is bioresorbable.
However Allen, in the same field of endeavor, teaches a core with a plurality of strips (bristles) attached, wherein the plurality of strips are formed of a biocompatible material that is bioresorbable (see [0379]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the biocompatible material is bioresorbable as taught by Allen, for the purpose of having a device that can relieve the clinical issue and the resorb (see Allen [0375]).
Regarding claim 12, Bhagchandani as modified as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Bhagchandani further discloses (fig. 1 and 8-11) that the strips can be attached to the wire portion (see [0038]).
Bhagchandani as modified is silent regarding the plurality of strips change from a planar configuration when housed within the device to a curled configuration when applied to the target site.
However Allen, in the same field of endeavor, teaches (fig. 1-2) a plurality of strips change from a planar configuration (see fig. 2) when housed within a device to a curled configuration (see fig. 1) when applied to the target site (see fig. 1-2 and [0204]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the plurality of strips change from a planar configuration when housed within the device to a curled configuration when applied to the target site as taught by Allen, for the purpose of reducing the size of the delivery catheter to assist in navigating the catheter to the treatment location (see Allen [0204]).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman as applied to claim 1 above, and further in view of in view of Suzuki (US 20050123485 A1).
Regarding claims 5-7, Bhagchandani as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Bhagchandani as modified is silent regarding applying a therapeutic agent to the target site after applying the plurality of strips to the target site; the therapeutic agent is a hemostatic agent; the therapeutic agent comprises spraying the therapeutic agent onto the target site.
However Suzuki, in the analogous art of drug application, teaches a therapeutic agent to the target site after the procedure (see [0053] and [0063]); the therapeutic agent is a hemostatic agent (see [0063]; the therapeutic agent comprises spraying the therapeutic agent onto the target site (see [0053] and [0063]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have a therapeutic agent to the target site after applying the procedure; the therapeutic agent is a hemostatic agent; the therapeutic agent comprises spraying the therapeutic agent onto the target site as taught by Suzuki, for the purpose of providing a hemostasis, anti-inflammatory effect at the treatment site to promote healing (see Suzuki [0063]).
Bhagchandani as modified as modified teaches the therapeutic agent is applied after applying the plurality of strips to the target site. Bhagchandani as modified discloses a procedure of applying the plurality of strips to the target site and is modified to have the therapeutic agent is applied after the procedure.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman as applied to claim 1 above, and further in view of in view of Hunter et al. (US 20050149175 A1).
Regarding claim 11, Bhagchandani as modified as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Bhagchandani as modified as modified is silent regarding further comprising applying a biocompatible liquid or a balloon to the plurality of strips after applying the plurality of strips to the target site.
However Hunter, in the same filed of endeavor, teaches the method includes applying a biocompatible liquid (fibrosing agents as a suspension or a solution with bleomycin) onto the target site after the procedure (see [0338]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Bhagchandani as modified to include applying a biocompatible liquid after applying the procedure as taught by Hunter, for the purpose of inducing fibrosis that may not otherwise occur (see Hunter [abstract]).
Bhagchandani as modified as modified teaches the liquid is applied after applying the plurality of strips. Bhagchandani as modified discloses a procedure of applying the plurality of strips and is modified to have the liquid applied after the procedure.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman as applied to claim 1 above, and further in view of in view of Fercik Grant et al. (US 20140277090 A1).
Regarding claim 13, Bhagchandani as modified as modified discloses the claimed invention substantially as claimed, as set forth above for claim 1. Bhagchandani further discloses (fig. 1 and 8-11) that the strips can be attached to the wire portion (see [0038]).
Bhagchandani as modified is silent regarding the plurality of strips includes at least one strip having a variable thickness along a length of the at least one strip.
However Fercik Grant, in the same filed of endeavor, teaches (fig. 1-2) a plurality of strips 14 attached to an embolic coil includes at least one strip having a variable thickness (thicker at portion with a barb) along a length of the at least one strip (see fig. 1-2).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the plurality of strips includes at least one strip having a variable thickness along a length of the at least one strip as taught by Fercik Grant, for the purpose of allowing the fibers to anchor to the treatment location to assist in maintaining the device in the correct location after delivery (see Fercik Grant abstract).
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman and Suzuki.
Regarding claim 14 Bhagchandani discloses (fig. 1 and 8-11) a method of treating a subject, the method comprising:
introducing a distal portion of a medical device 100 into a body lumen of the subject (see fig. 8 and [0072]), wherein the distal portion of the device 100 defines a lumen 116 (see fig. 1 and [0029]) that houses a shaft 106 and a chamber 56 proximate a distal end of the device see fig. 1 and [0027]), wherein the chamber houses a plurality of strips 54 comprising a biocompatible material (see fig. 1 and [0027]), wherein each strip of the plurality of strips 54 is an individual separate from the other strips of the plurality of strips (see fig. 1);
positioning the distal portion of the device proximate a target site of a tissue wall that includes a defect (aneurysm see fig. 8, [0026], and [0072]); and
advancing the shaft distally to push the plurality of strips 54 to the target site by pushing the plurality of strips out of a distal opening of the device 100 and onto the target site (see fig. 8-9, and [0072]), wherein the plurality of strips 54 at least partially overlap one another to at least partially fill the defect (see fig. 9).
Bhagchandani discloses that the defect is an aneurysm but is silent regarding the body lumen is the gastrointestinal tract.
Kaufman, in the same filed of endeavor, teaches that aneurysm frequently occur in the gastrointestinal tract (see [0003]) and that embolization coils may be used to treat those aneurysm (see [0148]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani to treat an aneurysm in the gastrointestinal tract as taught by Kaufman, for the purpose of being able to use the same device to treat aneurysms in a variety of body lumens (see Kaufman [0003]).
Bhagchandani as modified is silent regarding applying a biocompatible liquid, a therapeutic agent, or a balloon to the target site after applying the plurality of strips.
However Suzuki, in the analogous art of drug application, teaches a therapeutic agent to the target site after the procedure (see [0053] and [0063]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have a therapeutic agent to the target site after applying the procedure; as taught by Suzuki, for the purpose of providing a hemostasis, anti-inflammatory effect at the treatment site to promote healing (see Suzuki [0063]).
Bhagchandani as modified as modified teaches the therapeutic agent is applied after applying the plurality of strips to the target site. Bhagchandani as modified discloses a procedure of applying the plurality of strips to the target site and is modified to have the therapeutic agent is applied after the procedure.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman and Suzuki as applied to claim 14 above, and further in view of Patterson.
Regarding claim 15, Bhagchandani as modified discloses the claimed invention substantially as claimed, as set forth above for claim 14. Bhagchandani as modified is silent regarding the biocompatible material comprises chitosan, cellulose, poly(2-hydroxyethyl methacrylate), polystyrene, collagen, gelatin, fibrin, polyethylene glycol (PEG), hyaluronic acid, a block copolymer, or a combination thereof.
However Patterson, in the same filed of endeavor, teaches of an embolic coil comprising fibers, wherein the fibers comprise a biocompatible material comprises chitosan (see [0074]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the biocompatible material comprises chitosan as taught by Patterson, for the purpose of having a bioactive coating on the fibers to enhance the treatment procedure (see Patterson [0074]).
Claim 16 and 17 rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman and Suzuki as applied to claim 14 above, and further in view of Allen.
Regarding claim 16, Bhagchandani as modified as modified discloses the claimed invention substantially as claimed, as set forth above for claim 14. Bhagchandani as modified is silent regarding the biocompatible material is bioresorbable.
However Allen, in the same field of endeavor, teaches a core with a plurality of strips (bristles) attached, wherein the plurality of strips are formed of a biocompatible material that is bioresorbable (see [0379]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the biocompatible material is bioresorbable as taught by Allen, for the purpose of having a device that can relieve the clinical issue and the resorb (see Allen [0375]).
Regarding claim 17, Bhagchandani as modified discloses the claimed invention substantially as claimed, as set forth above for claim 16. Bhagchandani as modified further teaches the therapeutic agent being a hemostatic agent (see Suzuki [0063]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman, Patterson, Fercik Grant, and Allen.
Regarding claim 18 Bhagchandani discloses (fig. 1 and 8-11) a method of treating a subject, the method comprising:
introducing a distal portion of a medical device 100 into a body lumen of the subject (see fig. 8 and [0072]), wherein the distal portion of the device 100 includes a chamber 56 (see fig. 1 and [0027]) that houses a plurality of strips 54 comprising a biocompatible material (see fig. 1 and [0027]), wherein each strip of the plurality of strips is an individual separate piece (see fig. 1);
positioning the distal portion of the device proximate a target site of a tissue wall that includes a defect (aneurysm see fig. 8, [0026], and [0072]); and
advancing the shaft distally to push the plurality of strips 54 to the target site by pushing the plurality of strips out of a distal opening of the device 100 (see fig. 8-9, and [0072]), wherein the plurality of strips 54 at least partially overlap one another to at least partially fill the defect (see fig. 9).
Bhagchandani discloses that the defect is an aneurysm but is silent regarding the body lumen is the gastrointestinal tract.
Kaufman, in the same filed of endeavor, teaches that aneurysm frequently occur in the gastrointestinal tract (see [0003]) and that embolization coils may be used to treat those aneurysm (see [0148]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani to treat an aneurysm in the gastrointestinal tract as taught by Kaufman, for the purpose of being able to use the same device to treat aneurysms in a variety of body lumens (see Kaufman [0003]).
Bhagchandani as modified is silent regarding the plurality of strips comprising chitosan.
However Patterson, in the same filed of endeavor, teaches of an embolic coil comprising fibers, wherein the fibers comprise a biocompatible material comprises chitosan (see [0074]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the biocompatible material comprises chitosan as taught by Patterson, for the purpose of having a bioactive coating on the fibers to enhance the treatment procedure (see Patterson [0074]).
Bhagchandani as modified is silent regarding each strip of the plurality of strips has a variable thickness along a length of the strip.
However Fercik Grant, in the same filed of endeavor, teaches (fig. 1-2) a plurality of strips 14 attached to an embolic coil includes at least one strip having a variable thickness (thicker at portion with a barb) along a length of the at least one strip (see fig. 1-2).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the plurality of strips includes at least one strip having a variable thickness along a length of the at least one strip as taught by Fercik Grant, for the purpose of allowing the fibers to anchor to the treatment location to assist in maintaining the device in the correct location after delivery (see Fercik Grant abstract).
Bhagchandani as modified is silent regarding the plurality of strips change from a planar configuration when housed within the device to a curled configuration when applied to the target site.
However Allen, in the same field of endeavor, teaches (fig. 1-2) a plurality of strips change from a planar configuration (see fig. 2) when housed within a device to a curled configuration (see fig. 1) when applied to the target site (see fig. 1-2 and [0204]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have the plurality of strips change from a planar configuration when housed within the device to a curled configuration when applied to the target site as taught by Allen, for the purpose of reducing the size of the delivery catheter to assist in navigating the catheter to the treatment location (see Allen [0204]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman, Patterson, Fercik Grant, and Allen as applied to claim 18 above, and further in view of Suzuki.
Regarding claim 19, Bhagchandani as modified discloses the claimed invention substantially as claimed, as set forth above for claim 18. Bhagchandani as modified is silent regarding applying a biocompatible liquid, a therapeutic agent, or a balloon to the target site after applying the plurality of strips.
However Suzuki, in the analogous art of drug application, teaches a therapeutic agent to the target site after the procedure (see [0053] and [0063]).
Therefore it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have a therapeutic agent to the target site after applying the procedure; as taught by Suzuki, for the purpose of providing a hemostasis, anti-inflammatory effect at the treatment site to promote healing (see Suzuki [0063]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Bhagchandani in view of Kaufman, Patterson, Fercik Grant, Allen, and Suzuki as applied to claim 19 above, and further in view of Hunter.
Regarding claim 20, Bhagchandani as modified discloses the claimed invention substantially as claimed, as set forth above for claim 18. Bhagchandani as modified is silent regarding the method includes spraying water or an aqueous solution having an acidic pH onto the target site after applying the plurality of strips to the target site.
However Hunter, in the same filed of endeavor, teaches the method includes spraying an aqueous solution (fibrosing agents as a suspension or a solution with bleomycin) having an acidic pH (bleomycin has an acidic PH) onto the target site after the procedure (see [0338]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Bhagchandani as modified to have an aqueous solution having an acidic pH onto the target site after applying the procedure as taught by Hunter, for the purpose of inducing fibrosis that may not otherwise occur (see Hunter [abstract]).
Bhagchandani as modified teaches the aqueous solution is applied after applying the plurality of strips. Bhagchandani discloses a procedure of applying the plurality of strips and is modified to have the aqueous solution applied after the procedure.
Response to Arguments
Applicant’s arguments, see pg. 7, filed 10/22/2025, with respect to the rejection of claims 9 and 17 Under 35 U.S.C. 112 have been fully considered and are persuasive. The rejection of claims 9 and 17 Under 35 U.S.C. 112 has been withdrawn.
Applicant’s arguments, see pg. 7-8, filed 10/22/2025, with respect to the rejection(s) of claim(s) 1, 14, and 18 under 35 U.S.C. 102 or 103 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 West and Bhagchandani.
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 KATHERINE H SCHWIKER whose telephone number is (571)272-9503. The examiner can normally be reached Monday - Friday 7:30 am-4:00 pm.
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/KATHERINE H SCHWIKER/Primary Examiner, Art Unit 3771