Prosecution Insights
Last updated: October 25, 2026
Application No. 18/538,556

FLUID INFUSION SYSTEMS

Final Rejection §103§112
Filed
Dec 13, 2023
Priority
Jun 06, 2019 — provisional 62/858,304 +1 more
Examiner
WESTFALL, SARAH ANN
Art Unit
3791
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Medtronic Minimed Inc.
OA Round
2 (Final)
5%
Grant Probability
At Risk
3-4
OA Rounds
7m
Est. Remaining
30%
With Interview

Examiner Intelligence

Grants only 5% of cases
5%
Career Allowance Rate
1 granted / 20 resolved
-65.0% vs TC avg
Strong +25% interview lift
Without
With
+25.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
30 currently pending
Career history
70
Total Applications
across all art units

Statute-Specific Performance

§101
16.9%
-23.1% vs TC avg
§103
36.2%
-3.8% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
26.7%
-13.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 20 resolved cases

Office Action

§103 §112
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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. Priority The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994). The disclosure of the prior-filed application, Application No. 16/893,128, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Claim 2 contains limitations that were not disclosed in this earlier parent application’s specification. Regarding Claim 2, the limitation "sensor is more proximate to the substantially flatten surface than the elongated structure" wherein the sensor is also “formed on an external surface of the elongated structure” as well as “the elongated structure is symmetrical along a first plane and asymmetrical along a second plane” is not supported by the specification. Based on the reasonings above, Claim 2 is examined under the effective filing date of 07/29/2026. Claims 1 and 5-11 are examined under the effective filing date of the parent application’s earliest effective filing date of 06/04/2019. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 2 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The external sensor is not shown to be co-existing alongside the concepts that the sensor is more proximate to the flattened surface than the elongated structure and the structure of the elongated structure is symmetrical along a first plane and asymmetrical along a second plane. These three elements do not co-exist in any of the drawings or written within the description. The examiner makes note that while there is support wherein the entire elongated structure (as a whole) is symmetrical along a first plane, asymmetrical along a second plane, and comprises a sensor externally formed on a surface of the elongated structure, the sensor is not located more proximate to the flattened surface than the elongated structure (see Annotated Figure 80 below). PNG media_image1.png 398 492 media_image1.png Greyscale Annotated Figure 80 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, 5, 8-9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yodfat et. al.'780 (WO Patent Publication 2011064780 – previously cited) in view of Andersen et. al.'456 (U.S. Patent Publication 20150202456). Regarding Claim 1, Yodfat et. al.'780 discloses a system for sensing interstitial glucose (Paragraph [0176] - The one or more electrodes preferably, continuously sense glucose levels within the body 6 (e.g., at the interstitial fluid (ISF) of the subcutaneous tissue) comprising: an elongated structure that defines a fluid delivery conduit having at least one fluid outlet (Paragraph [0156] - The tip 300 may penetrate the patient's skin 5 and reside (at least in part) within the body of the patient 6 (e.g., within the subcutaneous tissue). The tip 300 may serve as a conduit for delivering therapeutic fluid to the body of the patient (hereinafter "cannula") and may include a sensor; Figure 9a – lumen 355 for fluid delivery; Figure 10 comprises an elongated probe/needle/cannula); and a sensor formed on an external surface of the elongated structure and comprising a reference electrode, a counter electrode, and a working electrode arranged planarly in a sequence along a longitudinal axis of the elongated structure and configured to sense an interstitial glucose level of a patient (Paragraph [0165] - The probe 30 may include one or more electrodes, for example a working electrode 321, a counter electrode 322, and optionally a reference electrode 323; Paragraph [0167] - the one or more electrodes may be positioned on an outer circumference of cannula). Yodfat et. al.'780 discloses wherein the elongated structure can comprise of a variety of shapes and sizes (Paragraph [0008] - This third generation concept provides a cost-effective, skin securable infusion device and may allow diverse usage such as various reservoir sizes, various needle and cannula types), but fails to disclose a cross-section of the elongated structure is symmetrical along a first plane that passes through the longitudinal axis of the elongated structure and asymmetrical along a second plane that passes axially through the elongated structure and is perpendicular to the first plane. Andersen et. al.'456 teaches a glucose device needle as a trapezoid or other shapes (Paragraph [0077] - showing a cross sectional anatomical face (N) and a cross sectional view of a treatment assembly which in orthogonal view may, for example, be rectangular, trapezoidal, or elliptical (i.e., so that it may provide a sufficient area of exposure to the anatomy N when in contact), a matrix of needles or needle-like injection structures (22) may be utilized to inject a vector solution or gel in a circumferential manner around a nerve (20), nerve bundle, vessel surrounded by nerve fibers, or other somewhat cylindrical targeted anatomic structure into which injection is desired). It is noted by the examiner that a trapezoid-shaped needle is interpreted to be symmetrical along a first plane and asymmetrical along a second plane. Therefore, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the elongated structure (needle) to be in a shape such as a trapezoid that is symmetrical along a first plane and asymmetrical along a second plane since the applicant has not disclosed that such solves any stated problem or is anything more than one of numerous shapes or configurations as disclosed In re Dailey and Eilers, 149 USPQ 47 (1966) in section 2144.04 IV.B. of the MPEP. Regarding Claim 5, Yodfat et. al.'780 in view of Andersen et. al.'456 discloses the system outlined in Claim 1 above. Yodfat et. al.'780 further discloses wherein the sensor is integrated with the external surface of the elongated structure (Paragraph [0165] - The probe 30 may include one or more electrodes, for example a working electrode 321, a counter electrode 322, and optionally a reference electrode 323; Paragraph [0167] - the one or more electrodes may be positioned on an outer circumference of cannula). Regarding Claim 8, Yodfat et. al.'780 in view of Andersen et. al.'456 discloses the system outlined in Claim 1 above. Yodfat et. al.'780 further discloses comprising an infusion monitor unit coupled to the sensor (Paragraph [0151] - the remote control ("RC") 40 may be configured as a handheld device for programming fluid infusion rates, controlling at least the dispensing unit/patch, acquiring data, communicating with other electronic devices (e.g., a personal computer) and providing one or more of visual, audible and vibratory notifications regarding at least the operation and/or programming of the dispensing unit and/or the sensing apparatus). Regarding Claim 9, Yodfat et. al.'780 in view of Andersen et. al.'456 discloses the system outlined in Claim 1 above. Yodfat et. al.'780 further discloses comprising a fluid reservoir configured to hold insulin, wherein the fluid reservoir is coupled to the fluid delivery conduit to deliver the insulin (Paragraph [0178] - Upon processor 130 assessment (or determination) of delivery commands/instructions, the driving mechanism 188 may be activated and fluid may be expelled from reservoir 230, through the exit port 204 and the cannula 305 into the body of the patient 6 (e.g., to the subcutaneous tissue)). Regarding Claim 11, Yodfat et. al.'780 discloses system for sensing interstitial glucose (Paragraph [0176] - The one or more electrodes preferably, continuously sense glucose levels within the body 6 (e.g., at the interstitial fluid (ISF) of the subcutaneous tissue)) comprising: an elongated structure that defines a fluid delivery conduit having at least one fluid outlet (Paragraph [0156] - The tip 300 may penetrate the patient's skin 5 and reside (at least in part) within the body of the patient 6 (e.g., within the subcutaneous tissue). The tip 300 may serve as a conduit for delivering therapeutic fluid to the body of the patient (hereinafter "cannula") and may include a sensor; Figure 9a – lumen 355 for fluid delivery; Figure 10 - comprises an elongated probe/needle/cannula); a sensor formed on an external surface of the elongated structure and comprising a reference electrode, a counter electrode, and a working electrode arranged planarly in a sequence along the longitudinal axis of the elongated structure and configured to sense an interstitial glucose level of a patient (Paragraph [0165] - The probe 30 may include one or more electrodes, for example a working electrode 321, a counter electrode 322, and optionally a reference electrode 323; Paragraph [0167] - the one or more electrodes may be positioned on an outer circumference of cannula); and a removable needle comprising a longitudinal slot at a first side along a longitudinal axis of the removable needle and a substantially flattened surface in a same direction as the longitudinal axis of the removable needle at a second side opposite the first side, the removable needle having a cannula configured to: house at least the elongated structure prior to insertion of elongated structure and the sensor into the patient (Paragraph [0027] - a penetrating member, preferably a sharpened needle or needle-like piece used for skin pricking during tip insertion while being configured to be removed upon insertion of the tip. In addition, a protector element (which may be also referred to as "protector") may further be included and may be used to shield the tip and the penetrating member; Paragraph [0165] - The distal portion of the tip 300 is configured to be located within the subcutaneous tissue below the skin 5 after insertion of the tip 300 into the body; Paragraph [0172] - In some embodiments, the one or more additional lumens may include an opening/window (e.g., longitudinal) providing a direct contact between the surrounding (e.g., ISF) and the one or more electrodes; Figure 30C - insertion needle with a flattened surface); and be removed from the patient leaving in the elongated structure and the sensor after insertion of the elongated structure and the sensor into the patient (Paragraph [0027] - a penetrating member, preferably a sharpened needle or needle-like piece used for skin pricking during tip insertion while being configured to be removed upon insertion of the tip. In addition, a protector element (which may be also referred to as "protector") may further be included and may be used to shield the tip and the penetrating member; Paragraph [0165] - The distal portion of the tip 300 is configured to be located within the subcutaneous tissue below the skin 5 after insertion of the tip 300 into the body). Yodfat et. al.'780 discloses wherein the elongated structure can comprise of a variety of shapes and sizes (Paragraph [0008] - This third generation concept provides a cost-effective, skin securable infusion device and may allow diverse usage such as various reservoir sizes, various needle and cannula types), but fails to disclose a cross-section of the elongated structure is symmetrical along a first plane that passes through the longitudinal axis of the elongated structure and asymmetrical along a second plane that passes axially through the elongated structure and is perpendicular to the first plane. Andersen et. al.'456 teaches a glucose device needle as a trapezoid or other shapes (Paragraph [0077] - showing a cross sectional anatomical face (N) and a cross sectional view of a treatment assembly which in orthogonal view may, for example, be rectangular, trapezoidal, or elliptical (i.e., so that it may provide a sufficient area of exposure to the anatomy N when in contact), a matrix of needles or needle-like injection structures (22) may be utilized to inject a vector solution or gel in a circumferential manner around a nerve (20), nerve bundle, vessel surrounded by nerve fibers, or other somewhat cylindrical targeted anatomic structure into which injection is desired). It is noted by the examiner that a trapezoid-shaped needle is interpreted to be symmetrical along a first plane and asymmetrical along a second plane. Therefore, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the elongated structure (needle) to be in a shape such as a trapezoid that is symmetrical along a first plane and asymmetrical along a second plane since the applicant has not disclosed that such solves any stated problem or is anything more than one of numerous shapes or configurations as disclosed In re Dailey and Eilers, 149 USPQ 47 (1966) in section 2144.04 IV.B. of the MPEP. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yodfat et. al.'780 (WO Patent Publication 2011064780 – previously cited) in view of Andersen et. al.'456 (U.S. Patent Publication 20150202456), as applied to Claim 1 above, and further in view of Roesicke et. al.’072 (U.S. Patent Publication 20120078072). Regarding Claim 2, Yodfat et. al.'780 in view of Andersen et. al.'456 discloses the system outlined in Claim 1 above. Yodfat et. al.'780 further discloses a removable needle comprising a longitudinal slot at a first side along a longitudinal axis of the removable needle and a substantially flattened surface in a same direction as the longitudinal axis of the removable needle at a second side opposite the first side (Paragraph [0172] - In some embodiments, the one or more additional lumens may include an opening/window (e.g., longitudinal) providing a direct contact between the surrounding (e.g., ISF) and the one or more electrodes; Figure 30C - insertion needle with a flattened surface), the removable needle having a cannula configured to: be removed from the patient leaving in the elongated structure and the sensor after insertion of the elongated structure and the sensor into the patient (Paragraph [0027] - a penetrating member, preferably a sharpened needle or needle-like piece used for skin pricking during tip insertion while being configured to be removed upon insertion of the tip. In addition, a protector element (which may be also referred to as "protector") may further be included and may be used to shield the tip and the penetrating member; Paragraph [0165] - The distal portion of the tip 300 is configured to be located within the subcutaneous tissue below the skin 5 after insertion of the tip 300 into the body). Yodfat et. al.'780 in view of Andersen et. al.'456 fails to disclose wherein the cannula is configured to house the elongated structure such that the sensor is more proximate to the substantially flattened surface than the elongated structure. Roesicke et. al.’072 teaches a sensor that is more proximate to a substantially flattened surface than an elongated structure (Paragraph [0045] - The insertion aid can for example have a flat structure, which has a contour that is similar to the subcutaneous device or the implantable part thereof, e.g. the sensor, and supports the subcutaneous device. As a result, the subcutaneous device, e.g. the flexible sensor, cannot deviate from its straight insertion movement as a result of insertion forces). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Yodfat et. al.'780 in view of Andersen et. al.'456 to include sensors positioned proximate to the flattened surface than the elongated structure in order to provide support and structure so that the sensors do not deviate upon insertion of the device into a user’s skin as seen in Roesicke et. al.’072. Furthermore, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the sensors to be closer to a flattened surface than the elongated structure since the applicant has not disclosed that such solves any stated problem or is anything more than arrangement of parts. As stated in In re Jepikse 86 USPQ 70, rearrangement of parts would be an obvious matter of design choice if the operation of the device would not be modified by said arrangement, as highlighted in section 2144.04 VI.C. of the MPEP. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Yodfat et. al.'780 (WO Patent Publication 2011064780 – previously cited) in view of Andersen et. al.'456 (U.S. Patent Publication 20150202456), as applied to Claim 1 above, in view of Palti’330 (U.S. Patent Publication 20010023330), and further in view of Fujita et. al.’881 (U.S. Patent Publication 20170164881). Regarding Claim 6, Yodfat et. al.'780 in view of Andersen et. al.'456 discloses the system outlined in Claim 1 above, but fails to disclose wherein a diameter of the at least one fluid outlet is less than a width of the sensor. Palti’330 teaches electrodes having a large total active surface area (Paragraph [0056] - Electrodes 102, 202, 204, 302 may be constructed in any desired shape, e.g., rectangular or circular, and are preferably sized in the range of 0.1 to 1 mm2, with the total area of all electrodes in an electrode assembly on the order of 1-10 cm2; Paragraph [0057] - electrode size may be adjusted to achieve a desired penetration depth; Paragraph [0059] - For example, the deeper the required penetration, the smaller the area of the individual electrodes and the longer the pulse duration should be selected. Alternatively, electrodes with large total active surface areas (closely packed electrodes) may be selected when superficial penetration is required, for example for local anesthesia of the skin, cosmetic treatments, or large doses of the drug are to be administered). Fujita et. al.’881 teaches a fluid outlet having a small diameter (Paragraph [0076] - If the major diameter D of the first electrode needle 1 is 0.5 mm or less, a stimulus of the first electrode needle 1 to a pain spot is small, and thus, it is possible to prevent or minimize the pain felt by the subject 60; Paragraph [0185] - the first electrode needle 100 functions as the injection needle)). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Yodfat et. al.'780 in view of Andersen et. al.'456 to include an electrode needle comprising electrodes with a large total active surface area while maintaining a small diameter in the insulin needle outlet in order to obtain measurements deep enough within tissue as seen in Palti’330 while limiting the area of a pain spot caused by the needle as seen in Fujita et. al.’881. Additionally, the applicant fails to recite a rationale for the electrode widths being proportioned larger than a fluid outlet within the applicant’s specification. Section 2144.04 IV.A. of the MPEP states “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” In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984). Therefore, one of ordinary skill in the art at the time the invention was effectively filed would have found the sizing and/or proportion of the electrodes to the fluid outlet a mere matter of design choice absent persuasive evidence that the particular configuration was significant. Claims 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yodfat et. al.'780 (WO Patent Publication 2011064780 – previously cited) in view of Andersen et. al.'456 (U.S. Patent Publication 20150202456), as applied to Claim 1 above, in view of Gottlieb et. al.'238 (U.S. Patent Publication 20100025238 - previously cited). Regarding Claim 7, Yodfat et. al.'780 in view of Andersen et. al.'456 discloses the system outlined in Claim 1 above. Yodfat et. al.'780 further discloses sensors comprising glucose oxidase (Paragraph [0011] - It is understood that there are three (3) techniques for continuously monitoring glucose in the subcutaneous interstitial fluid (ISF). The first technique is based on use of glucose oxidase based sensors), but fails to explicitly disclose the working electrode is coated with a glucose oxidase enzyme. Gottlieb et. al.'238 teaches (Paragraph [0128] - In certain embodiments, at least one working electrode is coated with an analyte sensing layer comprising glucose oxidase (and optionally two are coated with GOx)). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Yodfat et. al.'780 in view of Andersen et. al.'456 to include a working electrode coated in glucose oxidase in order to sense glucose provided that glucose oxidase and glucose is a well-known reaction in glucose measuring devices as seen in Gottlieb et. al.’238 (Paragraph [0029] - well known reaction between glucose and glucose oxidase). Regarding Claim 10, Yodfat et. al.'780 in view of Andersen et. al.'456 discloses the system outlined in Claim 1 above. Yodfat et. al.'780 further discloses the at least one fluid outlet is at a distal end of the elongated structure (Paragraph [0183] - the first lumen 355 may serve as a fluid passageway and the second lumen 356 may serve as a "pocket" for accommodating/housing and/or supporting the probe 30) as well as an elongated structure comprising three different kinds of electrodes (Paragraph [0203] - Fig. 21 illustrates an example embodiment of a planar sensing probe 30 having three (3) electrodes: a working electrode 321, a counter electrode 322, and a reference electrode 323. In some embodiments, the probe may include more than one electrode of each kind, e.g., three (3) working electrodes, three (3) counter electrodes, and one (1) reference electrode). Yodfat et. al.'780 fails to disclose the working electrode is the most proximal electrode of the sensor relative to the distal end of the elongated structure. Gottlieb et. al.’238 teaches different configurations of the electrodes including wherein the working electrode is the most proximal electrode of the sensor relative to the distal end of the elongated structure (Paragraph [0034] - FIG. 6A provides a diagram of different electrode configurations in various sensor embodiments; Paragraph [0149] - a plurality of sensors can be combined with other sensor elements and/or configurations disclosed herein in order to further optimize sensor function and can comprise for example electrodes distributed in a configuration that enhances the flexibility of the sensor structure and/or facilitates hydration of the sensor electrodes). It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the device of Yodfat et. al.'780 in view of Andersen et. al.'456 to include working electrodes positioned in the most proximal location when compared to other electrodes in order to optimize sensor function as seen in Gottlieb et. al.’238. Furthermore, it would have been an obvious matter of design choice to one skilled in the art before the effective filing date of the claimed invention to construct the working electrodes to be more proximal relative to the distal end of the elongated structure since the applicant has not disclosed that such solves any stated problem or is anything more than arrangement of parts. As stated in In re Jepikse 86 USPQ 70, rearrangement of parts would be an obvious matter of design choice if the operation of the device would not be modified by said arrangement, as highlighted in section 2144.04 VI.C. of the MPEP. Response to Arguments Applicant's arguments filed 29 July 2026 have been fully considered and they are not entirely persuasive. Applicant’s amendments and arguments have overcome the previously presented “priority” issues presented by the examiner in the last office action. However, a new “priority” issue has been addressed pertaining to Claim 2 in paragraphs 3-4 above. Applicant’s amendments have overcome the prior specification objections. Applicant’s amendments have overcome the prior claim objections. Applicant’s amendments have created a rejection under 35 U.S.C. 112a as addressed above. Additionally, pertaining to the rejection under 35 U.S.C. 112a addressed above, the examiner notes that the relied upon figures by the applicant and/or the attorney in the Interview that occurred on 03 August 2026 as well as within the Arguments submitted on 29 July 2026 fail to display a sensor that is external to the entire elongated structure, an elongated structure that is symmetrical along a first plane and asymmetrical along a second plane, and wherein the sensor is closer to a flattened surface than the elongated structure all co-existing together. Claims 1-2 and 5-11 are rejected under 35 U.S.C. 103 as necessitated by amendments, as discussed in Paragraphs 6-9 above. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH ANN WESTFALL whose telephone number is (571) 272-3845. The examiner can normally be reached Monday-Friday 7:30am-4:30pm EST. 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, Jennifer Robertson can be reached at (571) 272-5001. 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. /SARAH ANN WESTFALL/Examiner, Art Unit 3791 /ETSUB D BERHANU/Primary Examiner, Art Unit 3791
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Prosecution Timeline

Dec 13, 2023
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §103, §112
Jul 15, 2026
Interview Requested
Jul 28, 2026
Examiner Interview Summary
Jul 28, 2026
Applicant Interview (Telephonic)
Jul 29, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
5%
Grant Probability
30%
With Interview (+25.0%)
3y 6m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
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