DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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.
Information Disclosure Statement
2. The Information Disclosure Statement submitted on 08 January 2024 has been considered by the Examiner.
Claim Objections
3. Claim 12 is objected to because of the following informality.
Claim 12 contains a minor typographical error.
- Claim 12, line 3: The Examiner suggests changing “the port” to “the pressure monitoring port”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claims 1, 3, and 7 are rejected under 35 U.S.C. 102 (a) (1) and (a) (2) as being anticipated by Cheung et al. (US 2012/0150107 A1).
Regarding claim 1, Cheung teaches a medical device (the balloon catheter 10 [0023, FIG. 1]), comprising:
an elongated shaft (the balloon catheter 10 comprises a catheter shaft 20 [0023, FIG. 1, FIG. 5]) having a proximal end (the proximal region 21 of the catheter shaft 20 [0023, FIG. 1, FIG. 5]), a distal end (the distal region 22 of the catheter shaft 20 [0023, FIG. 5]), and a lumen therethrough (the catheter shaft 20 comprises an inflation lumen 32 [0026, 0032-0033, FIG. 3]);
an expandable element disposed proximate the distal end about the elongated shaft and in fluid communication with the lumen (the balloon assembly 26 is in fluid communication with the inflation lumen 32 of the catheter shaft 20 [0023, 0032, FIG. 1, FIG. 3]);
an inner shaft disposed within the lumen and within a portion of the expandable element (the catheter shaft 20 comprises inner shafts or conduits 36 that extend through the protrusions 35 on the inflation lumen 32 and into the balloon assembly 26 [0032, 0039, FIG. 3, FIGS. 5-6]), the inner shaft defining an exhaust port (the one or more conduits 36 may include any suitable lumen for transporting fluids (e.g., supply and vacuum lumens) [0026, 0032, 0043, 0045, FIGS. 3-4]. Specifically, figures 3-4 illustrates the one or more conduits 36 having a circular end portion (e.g., port) which allows the fluids to be exhausted or vacuumed through the lumens of the one or more conduits 36 [FIGS. 3-4, 0026, 0032, 0043, 0045]), an infusion port (Applicant states that a refrigerant is delivered through the infusion port 38 [specification: 0044]. Similarly, Cheung teaches a cryogenic fluid (e.g., refrigerant) to be delivered through the supply lumen of the one or more conduits 36 [0023, 0032-0033]. Specifically, figures 3-4 illustrates the one or more conduits 36 having a circular end portion (e.g., port) which allows the fluids to be supplied through the lumens of the one or more conduits 36 [FIGS. 3-4, 0023, 0032]), and a pressure monitoring port spaced from the exhaust port and the infusion port (figures 3-4 illustrates the or more conduits 36 having a circular end portion (e.g., port) which allows for the insertion of electrical wires and/or sensors through the lumens (e.g., pressure monitoring lumen) of the one or more conduits 36 [FIGS. 3-4, 0032]. Specifically, figures 3-4 illustrates the circular end portions (e.g., ports) of the one or more conduits 36 being spaced apart from each other [FIGS. 3-4]);
and a pressure monitoring tube disposed within the inner shaft and configured to measure a fluid pressure within the expandable element (the one or more conduits 36 may include a pressure monitoring lumen for controlling and/or monitoring the pressure within the balloon assembly 26, supply lumen, and/or vacuum lumen [0032, FIGS. 3-4, FIG. 6]), a distal end of the pressure monitoring tube terminating within the expandable element adjacent the pressure monitoring port (the one or more conduits 36 may include pressure monitoring lumens that monitors the pressure within the balloon assembly 26 [0032]. Specifically, figure 6 illustrates the pressure monitoring lumens of the one or more conduits 36 having a distal portion that terminates within the balloon assembly 26 [0032, 0043, FIG. 6]. Furthermore, figure 6 illustrates the end portion (e.g., port) of the conduit 36 being arranged adjacent to the balloon assembly 26 [FIG. 6, 0032, 0043]).
Regarding claim 3, Cheung teaches wherein the inner shaft is a braided for reinforcement (the one or more conduits 36 of the catheter shaft 20 may comprise a reinforcement layer (e.g., coil or braided layer) [0034, 0036]).
Regarding claim 7, Cheung teaches an infusion tube disposed within the elongated shaft (the one or more conduits 36 are inserted within the shaft 20 [0032, FIG. 3, FIGS. 5-6]. Specifically, the one or more conduits 36 may include a supply channel or lumen that is configured to supply fluid to the balloon assembly 26 [0032, 0043, FIG. 3, FIGS. 5-6]), the infusion tube configured to deliver refrigerant to the expandable element and terminating adjacent the infusion port (the one or more conduits 36 may include a supply channel or lumen that is configured to supply cryogenic fluid (e.g., refrigerant) to the balloon assembly 26 [0032, 0043, FIG. 3, FIGS. 5-6]. Furthermore, the supply channel or lumen terminates at the circular end portion (e.g., port opening) of the conduit 36 [FIG. 3, FIG. 6, 0032, 0043]. In other words, the supply lumen or channel delivers the cryogenic fluid (e.g., refrigerant) through the circular end portion (e.g., port opening) of the conduit 36 and into the balloon assembly 26 [0032, FIG. 3, FIG. 6]).
Claim Rejections - 35 USC § 103
6. 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.
7. Claims 4, 5-6, 8-9, 11, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Cheung et al. in view of Clark et al. (US 2015/0088113 A1).
Regarding claim 4, Cheung teaches the device of claim 1. Cheung does not explicitly teach wherein the distal end of the pressure monitoring tube is angled with respect to the inner shaft and extends outward from the pressure monitoring port.
The prior art by Clark is analogous to Cheung, as they both teach an elongated shaft that is coupled to a balloon ([0045-0046, 0088]).
Clark teaches wherein the pressure monitoring tube extends outward from the pressure monitoring port (the pressure monitoring lumen 672 extends outward or away from the pressure monitoring port 674 to couple with the pressure sensor 105 via the pressure line 107 [0069, FIG. 1. FIG. 6]).
Clark does not explicitly teach wherein the distal end of pressure monitoring tube is angled with respect to the inner shaft. However, Applicant’s specification has not established any criticality for the claimed shape (e.g., angled distal end) of the pressure monitoring tube ([specification: 0024, 0048]).
The Examiner respectfully submits, as Clark teaches the use of a pressure monitoring lumen and an inner shaft (the pressure monitoring lumen 672 extends through the shaft 122 [0069, FIG. 6]), configuring the distal end of pressure monitoring tube to be angled would be a matter of changing the shape of the known element without producing a new and unexpected result, with such matters having been held by the Courts as being obvious to the skilled artisan (MPEP 2144.04).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify the Cheung’s distal end of the pressure monitoring tube to be angled with respect to the inner shaft and extend outward from the pressure monitoring port, as further suggested by Clark. The advantage of such modification will allow the pressure monitoring tube to extend outward from the port to connect with a pressure sensor that monitor a threshold pressure to prevent the balloon from rupturing (see paragraphs [0043, 0069] by Clark).
Regarding claim 5, Clark teaches wherein the expandable element includes a proximal chamber and a distal chamber in fluid communication with each other (the balloon 142 comprises an expansion chamber 143 [0057, 0065, 0084]. Specifically, figures 6 and 7A illustrates the expansion chamber 143 having a proximal region and a distal region [FIG. 6, FIG. 7A]), and wherein the inner shaft extends into the proximal chamber and the distal chamber (figures 6 and 7A illustrates the shaft 122 extending into the proximal and distal regions of the expansion chamber 143 [0057, 0065, 0084, FIG. 6, FIG. 7A]).
Regarding claim 6, Cheung teaches wherein the inner shaft is fixed with respect to the elongated shaft (the one or more conduits 36 are coupled or fixed with the shaft 20 [0032, FIG. 3, FIG. 5]). Meanwhile Clark teaches wherein the pressure monitoring port is disposed within the distal chamber, the exhaust port is disposed within the proximal chamber, and the infusion port is disposed distal to the exhaust port and proximal to the pressure monitoring port, wherein optionally the pressure monitoring tube terminates within the distal chamber (the figure 7A illustrates the pressure monitoring lumen 772 and the pressure monitoring port 774 being arranged into the distal side of the expansion chamber 143 [FIG. 7A, 0087]. Furthermore, the exhaust port 752 may be arranged proximally or distally within expansion chamber 143 [0086, FIG. 7A]. Similarly, the infusion port 740 may also be arranged proximally or distally within the expansion chamber 143 [0086, FIG. 7A]. The Examiner respectfully submits that the disclosure allows the exhaust port 752 to be positioned proximally within the expansion chamber 143 [0086, FIG. 7A]. The Examiner further submits that the disclosure allows the infusion port 740 to be positioned distally to exhaust port 752 and the pressure monitoring port 774 within the expansion chamber 143 [0086-0087, FIG. 7A]).
Regarding claim 8, Clark wherein the exhaust port includes a plurality of exhaust ports circumferentially disposed about the inner shaft (the exhaust orifices 752 are spaced apart from each other and radially distributed around the circumference of the shaft 122 [0086]).
Regarding claim 9, Clark teaches a thermocouple wire disposed within the inner shaft and extending outward from one of the ports (the thermocouple wire 739 may be disposed within the shaft 122 [0088, FIG. 7B]. Furthermore, the thermocouple wire 739 comprises a temperature sensing portion 739 that extends outward from the exhaust orifice 752b [0088, FIG. 7B]).
Regarding claim 11, Cheung teaches a medical device (the balloon catheter 10 [0023, FIG. 1]), comprising:
an elongated shaft (the balloon catheter 10 comprises a catheter shaft 20 [0023, FIG. 1, FIG. 5]) having a proximal end (the proximal region 21 of the catheter shaft 20 [0023, FIG. 1, FIG. 5]), a distal end (the distal region 22 of the catheter shaft 20 [0023, FIG. 5]), and a lumen therethrough (the catheter shaft 20 comprises an inflation lumen 32 [0026, 0032-0033, FIG. 3]);
an expandable element disposed proximate the distal end about the elongated shaft and in fluid communication with the lumen (the balloon assembly 26 is in fluid communication with the inflation lumen 32 of the catheter shaft 20 [0023, 0032, FIG. 1, FIG. 3]);
an inner shaft disposed within the lumen and within a portion of the expandable element (the catheter shaft 20 comprises inner shafts or conduits 36 that extend through the protrusions 35 on the inflation lumen 32 and into the balloon assembly 26 [0032, 0039, FIG. 3, FIGS. 5-6]), the inner shaft defining an exhaust port (the one or more conduits 36 may include any suitable lumen for transporting fluids (e.g., supply and vacuum lumens) [0026, 0032, 0043, 0045, FIGS. 3-4]. Specifically, figures 3-4 illustrates the one or more conduits 36 having a circular end portion (e.g., port) which allows the fluids to be exhausted or vacuumed through the lumens of the one or more conduits 36 [FIGS. 3-4, 0026, 0032, 0043, 0045]), an infusion port (Applicant states that a refrigerant is delivered through the infusion port 38 [specification: 0044]. Similarly, Cheung teaches a cryogenic fluid (e.g., refrigerant) to be delivered through the supply lumen of the one or more conduits 36 [0023, 0032-0033]. Specifically, figures 3-4 illustrates the one or more conduits 36 having a circular end portion (e.g., port) which allows the fluids to be supplied through the lumens of the one or more conduits 36 [FIGS. 3-4, 0023, 0032]), and a pressure monitoring port (figures 3-4 illustrates the one or more conduits 36 having a circular end portion (e.g., port) which allows for the insertion of electrical wires and/or sensors through the lumens (e.g., pressure monitoring lumen) of the one or more conduits 36 [FIGS. 3-4, 0032]);
a pressure monitoring tube in fluid communication with the pressure monitoring port (the pressure monitoring lumen of the one or more conduits 36 may include a circular end portion (e.g., port opening) which allows for monitoring the fluid pressure throughout the conduit 36 and/or the balloon assembly 26 [0032, 0043, FIGS. 3-4, FIG. 6])
and a pressure monitoring tube disposed within the inner shaft and configured to measure a fluid pressure within the expandable element (the one or more conduits 36 may include a pressure monitoring lumen for controlling and/or monitoring the pressure within the balloon assembly 26, supply lumen, and/or vacuum lumen [0032, 0043, FIGS. 3-4, FIG. 6]), a distal end of the pressure monitoring tube terminating within the expandable element (the one or more conduits 36 may include pressure monitoring lumens that monitors the pressure within the balloon assembly 26 [0032, 0043, FIG. 6]. Specifically, figure 6 illustrates the pressure monitoring lumens of the one or more conduits 36 having a distal portion that terminates within the balloon assembly 26 [0032, 0043, FIG. 6]).
Cheung does not explicitly teach the infusion port, exhaust port, and pressure monitoring port each being fluidly isolated from each other within the inner shaft.
The prior art by Clark is analogous to Cheung, as they both teach an elongated shaft that is coupled to a balloon ([0045-0046, 0088]).
Clark teaches the infusion port, exhaust port, and pressure monitoring port each being fluidly isolated from each other within the inner shaft (figures 7A-7B illustrates the infusion port 740, exhaust port 752, and pressure monitoring port 774 being isolated from each other within the shaft 122 [0085-0087, FIGS. 7A-7B]).
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify the Cheung’s infusion port, exhaust port, and pressure port to be fluidly isolated from each other within the inner shaft, as taught by Clark. The advantage of such modification may enhance the fluid communication between the respective ports and the chamber of the expandable element (see paragraphs [0085-0087] by Clark).
Regarding claim 16, Cheung in view of Clark suggests the device of claim 11. Clark teaches wherein the pressure monitoring tube extends outward from the pressure monitoring port (the pressure monitoring lumen 672 extends outward or away from the pressure monitoring port 674 to couple with the pressure sensor 105 via the pressure line 107 [0069, FIG. 1. FIG. 6]).
Cheung and Clark do not explicitly teach wherein the distal end of pressure monitoring tube is angled with respect to the inner shaft. However, Applicant’s specification has not established any criticality for the claimed shape (e.g., angled distal end) of the pressure monitoring tube ([specification: 0024, 0048]).
The Examiner respectfully submits, as Clark teaches the use of a pressure monitoring lumen and an inner shaft (the pressure monitoring lumen 672 extends through the shaft 122 [0069, FIG. 6]), configuring the distal end of pressure monitoring tube to be angled would be a matter of changing the shape of the known element without producing a new and unexpected result, with such matters having been held by the Courts as being obvious to the skilled artisan (MPEP 2144.04).
Regarding claim 17, Clark teaches wherein the expandable element includes a proximal chamber and a distal chamber in fluid communication with each other (the balloon 142 comprises an expansion chamber 143 [0057, 0065, 0084]. Specifically, figures 6 and 7A illustrates the expansion chamber 143 having a proximal region and a distal region [FIG. 6, FIG. 7A]), and wherein the inner shaft extends into the proximal chamber and the distal chamber (figures 6 and 7A illustrates the shaft 122 extending into the proximal and distal regions of the expansion chamber 143 [0057, 0065, 0084, FIG. 6, FIG. 7A]).
Regarding claim 18, Cheung in view of Clark suggests the device of claim 17. Cheung teaches wherein the inner shaft is fixed with respect to the elongated shaft (the one or more conduits 36 are coupled or fixed with the shaft 20 [0032, FIG. 3, FIG. 5]). Meanwhile Clark teaches wherein the pressure monitoring port is disposed within the distal chamber, the exhaust port is disposed within the proximal chamber, and the infusion port is disposed distal to the exhaust port and proximal to the pressure monitoring port, wherein optionally the pressure monitoring tube terminates within the distal chamber (the figure 7A illustrates the pressure monitoring lumen 772 and the pressure monitoring port 774 being arranged into the distal side of the expansion chamber 143 [FIG. 7A, 0087]. Furthermore, the exhaust port 752 may be arranged proximally or distally within expansion chamber 143 [0086, FIG. 7A]. Similarly, the infusion port 740 may also be arranged proximally or distally within the expansion chamber 143 [0086, FIG. 7A]. The Examiner respectfully submits that the disclosure allows the exhaust port 752 to be positioned proximally within the expansion chamber 143 [0086, FIG. 7A]. The Examiner further submits that the disclosure allows the infusion port 740 to be positioned distally to exhaust port 752 and the pressure monitoring port 774 within the expansion chamber 143 [0086-0087, FIG. 7A]).
Regarding claim 19, Cheung teaches an infusion tube disposed within the elongated shaft (the one or more conduits 36 are inserted within the shaft 20 [0032, FIG. 3, FIGS. 5-6]. Specifically, the one or more conduits 36 may include a supply channel or lumen that is configured to supply fluid to the balloon assembly 26 [0032, 0043, FIG. 3, FIGS. 5-6]), the infusion tube configured to deliver refrigerant to the expandable element and terminating adjacent the infusion port (the one or more conduits 36 may include a supply channel or lumen that is configured to supply cryogenic fluid (e.g., refrigerant) to the balloon assembly 26 [0032, 0043, FIG. 3, FIGS. 5-6]. Furthermore, the supply channel or lumen terminates at the circular end portion (e.g., port opening) of the conduit 36 [FIG. 3, FIG. 6, 0032, 0043]. In other words, the supply lumen or channel delivers the cryogenic fluid (e.g., refrigerant) through the circular end portion (e.g., port opening) of the conduit 36 and into the balloon assembly 26 [0032, FIG. 3, FIG. 6]).
8. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Cheung et al. in view of Lampropoulos et al. (US 2016/0250444 A1).
Regarding claim 10, Cheung teaches the device of claim 1. Cheung does not explicitly teach wherein the pressuring monitoring port includes a plurality of pressure monitoring ports circumferentially disposed about the inner shaft, wherein optionally the exhaust port includes a plurality of exhaust ports circumferentially disposed about the inner shaft, and the plurality of exhaust ports and the plurality of pressure monitoring ports are aligned along a longitudinal axis of the inner shaft and offset from the infusion port.
The prior art by Lampropoulos is analogous to Cheung, as they both teach a catheter having a pressure monitoring lumen ([abstract]).
Lampropoulos teaches wherein the pressuring monitoring port includes a plurality of pressure monitoring ports circumferentially disposed about the inner shaft (the side ports 384 may be arranged helically around on the catheter shaft 370 [0065, 0067, 0092, FIG. 6]. Specifically, the side ports 384 provide an opening for the radial pressure sensing lumens 396 [0065, 0067, 0092, FIG. 6]).
The Examiner further submits that the remaining limitations of claim 10 are optional, and therefore are not required.
Therefore, it would have been obvious to a person having ordinary skill in the art at the time the application was effectively filed to modify Cheung’s pressure monitoring port to include a plurality of pressure monitoring ports circumferentially disposed about the inner shaft, as taught by Lampropoulos. The advantage of such modification will allow for monitoring the pressure at various locations of the catheter shaft (see the [abstract] and paragraphs [0065, 0067, 0092] by Lampropoulos).
Allowable Subject Matter
9. Claims 2 and 12-15 are 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.
The following is a statement of reasons for the indication of allowable subject matter: The Examiner has provided an explanation below that describes how the prior art of record fails to suggest the corresponding claims.
Regarding claim 2, Cheung teaches the device of claim 1. Cheung does not explicitly teach wherein the inner shaft includes a proximal radiopaque marker band and a distal radiopaque marker band, the proximal radiopaque marker band and the distal radiopaque marker band being disposed about the inner shaft within the expandable element, and wherein the pressure monitoring port is defined within the distal radiopaque marker band.
The prior art by Clark is analogous to Cheung, as they both teach an elongated shaft that is coupled to a balloon ([0045-0046, 0088]).
Clark teaches wherein the inner shaft includes a proximal radiopaque marker band and a distal radiopaque marker band, the proximal radiopaque marker band and the distal radiopaque marker band being disposed about the inner shaft within the expandable element (figure 6 and figures 7A-7B illustrates the proximal and distal radiopaque markers 152 being disposed about the shaft 122 within the balloon 142 [0051, 0081, 0089, FIG. 6, FIGS. 7A-7B]).
However, Cheung and Clark do not explicitly teach wherein the pressure monitoring port is defined within the distal radiopaque marker band.
The Examiner concludes that the prior art does not provide the requisite teaching, suggestion, and motivation to suggest the recited claim limitation. Therefore, the inventive features recited in the pending claims are not disclosed by the prior art and are not suggested by an obvious combination of the most analogous prior art elements.
Regarding claim 12, Cheung in view of Clark suggests the device of claim 11. Clark teaches a sealing element within the inner shaft (the partition is configured to seal the shaft between the terminal opening (e.g., infusion port) and second orifice (e.g., exhaust port) [claim 1]), the sealing element being configured to fluidly isolate the infusion port and the exhaust port from each other (the partition is configured to seal the shaft between the terminal opening (e.g., infusion port) and second orifice (e.g., exhaust port) [claim 1]).
However, Cheung and Clark do not explicitly teach the sealing element being configured to seal the pressure port from the infusion port and the exhaust port. The Examiner respectfully submits that Cheung and Clark do not explicitly teach the sealing element being arranged on the inner shaft to seal all of the ports (e.g., infusion, exhaust, and pressure ports) from each other.
The Examiner concludes that the prior art does not provide the requisite teaching, suggestion, and motivation to suggest the recited claim limitation. Therefore, the inventive features recited in the pending claims are not disclosed by the prior art and are not suggested by an obvious combination of the most analogous prior art elements.
Claims 13-15 are considered to contain allowable subject matter, as claims 13-15 depend upon claim 12.
Statement on Communication via Internet
10. Communications via Internet email are at the discretion of the applicant. All Internet communications between USPTO employees and applicants must be made using USPTO tools.
Without a written authorization by applicant in place, the USPTO will not respond via Internet email to any Internet correspondence which contains information subject to the confidentiality requirement as set forth in 35 U.S.C. 122. A paper copy of such correspondence and response will be placed in the appropriate patent application. Except for correspondence that only sets up an interview time, all correspondence between the Office and the applicant including applicant's representative must be placed in the appropriate patent application. If an email contains any information beyond scheduling an interview such as an interview agenda or authorization, it must be placed in the application.
For those applications where applicant wishes to communicate with the examiner via Internet communications, e.g., email or video conferencing tools, the following is a sample authorization form which may be used by applicant:
"Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file."
Please refer to MPEP 502.03 for guidance on Communications via Internet.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA BRENDON SOLOMON whose telephone number is (571)270-7208. The examiner can normally be reached on 7:30am -4:30pm.
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, Niketa Patel can be reached on (571)272-4156. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JOSHUA BRENDON SOLOMON/Examiner, Art Unit 3792