Prosecution Insights
Last updated: April 19, 2026
Application No. 18/586,812

AGENT ADMINISTERING MEDICAL DEVICE

Final Rejection §102§DP
Filed
Feb 26, 2024
Examiner
ZAMORY, JUSTIN L
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
BOSTON SCIENTIFIC CORPORATION
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
3y 5m
To Grant
90%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
360 granted / 498 resolved
+2.3% vs TC avg
Strong +18% interview lift
Without
With
+18.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
55 currently pending
Career history
553
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
49.9%
+9.9% vs TC avg
§102
24.7%
-15.3% vs TC avg
§112
14.4%
-25.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 498 resolved cases

Office Action

§102 §DP
DETAILED ACTION Response to Amendment The amendment filed February 4, 2026 has been entered. Claims 21, 25-26, 28, 32-33, 35, and 37-39 have been amended. Claims 21-40 are currently pending in the application. Response to Arguments Applicant’s arguments with respect to the rejection(s) of the amended claim(s) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is set forth below. It is noted that the rejection relied on the same prior art, but uses a different embodiment which discloses the barrier which comprises a passage therethrough and is rotatable around the longitudinal axis of the enclosure. The double patenting rejection is maintained and the rejections of the claims have been updated to reflect the amended claim language. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,918,780 in view of Pic et al. (US 2019/0232030). Although the claims at issue are not identical, they are not patentably distinct from each other because the patent discloses a medical system, comprising: an medical device including a shaft (e.g., forming lumen; Col. 10, line16); a pressurized fluid source in fluid communication with the device (Col. 10, line 16), the pressurized fluid source is configured to selectively deliver a pressurized fluid towards the medical device (through the lumen); and a second medical device in fluid communication with the medical device (body of enclosure, Col. 10, line 15), the medical device including an enclosure storing an agent (Col. 10, line 15) and a barrier having a passage extending therethrough (Col. 10, lines 17-19), the barrier is configured to selectively deliver the agent out of the enclosure out of the medical device and towards the medical device (Col. 10, lines 17-19); the patent fails to explicitly disclose an endoscope as the device and wherein the medical system is configured such that the pressurized fluid from the pressurized fluid source and the agent from the medical device are mixed with one another prior to entering the medical device, and the medical device is configured to receive and deliver a mixture of the pressurized fluid and the agent through the shaft. Pic et al. (henceforth Pic) teaches an endoscope (¶ [0021]) device comprising an enclosure (16) and barrier (shaft 92 comprises closed portions for retaining the agent in the enclosure; ¶¶ [0048]-[0049]) for providing an agent into a pressurized fluid source (from gas line 116 in Figure 10) for delivery through the endoscope during a procedure, and wherein the agent is mixed before being delivered (¶¶ [0020] and [0026]). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the device of the patent to utilize an endoscope as the medical device and to mix the agent before administration as taught by Pic so as to allow for utilizing the agent and pressurized gas for mixing before being delivered during an endoscope procedure as taught by Pic. Regarding claim 22, Pic further teaches a tube (e.g., catheter 18) connected to a port of the endoscope and extending through a working channel of the shaft via the port (¶ [0021] discloses the catheter shaft as extending through a channel in the endoscope; the proximal receiving opening on the endoscope for receiving the catheter of Pic is considered a port). Regarding claim 23, the patent fails to explicitly teach the source as coupled to the endoscope. However, Pic further teaches wherein the pressurized fluid source and the medical device are fluidly coupled to the endoscope via the tube (¶ [0021]; the shaft of 18 extends through a port and passage in the endoscope to locate it adjacent the treatment site). Regarding claim 24, the patent further teaches wherein the barrier is configured to move (rotate) relative to the enclosure to selectively release the agent from the enclosure (claim 5, Col. 10, lines 39-40). Regarding claim 25, the subject matter of rotating the barrier relative to the enclosure is known from claim 1 of the patent (Col. 10, lines 17-23 disclose the passage for receiving the agent before passing through the lumen). Regarding claim 26, the subject matter is known from claim 1 of the patent (Col. 10, lines 17-23). However, the patent fails to explicitly disclose rotating the barrier about a longitudinal axis of the enclosure. Pic teaches (in the embodiment of Figure 19A; which is equally applicable to the device of claims 21-25), a barrier member (body of passage 232) rotatable about the longitudinal axis of the enclosure (190; Figure 19A; ¶ [0076]) for establishing fluid communication between a cavity of the enclosure and a lumen of the tube (182) via the passage (¶¶ [0076]-[0080]). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the patent device to utilize the dispensing chamber configuration of Pic to provide a means of selectively providing powdered agent to an endoscope device during a procedure as taught by Pic. Regarding claim 27, the subject matter is known from claim 1 of the patent (Col. 10, lines 17-27). Regarding claim 28, the subject matter is known from claim 7 of the patent (Col. 10, lines 44-45). Regarding claims 29 and 30, Pic further teaches wherein the pressurized fluid source (or medical device as per claim 30) is selectively actuated to initiate delivery of the pressurized fluid to the endoscope independent of the agent from the medical device (e.g., ¶ [0026] discloses the pressurized fluid and agent being released separately). Regarding claim 31, the subject matter is known from claim 1 of the patent (Col. 10, line 16; the medical device comprises a pressurized gas source which will be from a canister or tank as claimed). Regarding claim 32, the patent discloses wherein the barrier includes a plurality of openings positioned between the enclosure and the tube, the plurality of Openings are each configured to transfer the agent stored in the enclosure to the tube in response to the barrier moving relative to the enclosure (Col. 10, lines 17-27 disclose a plurality of openings for allowing the agent to move into the passage). Regarding claim 33, the patent discloses a medical system, comprising: a medical device including a shaft (Col. 10, lines 14-27); a pressurized fluid source positioned external to and in fluid communication with the medical device (Col. 10, line 16). The patent fails to explicitly disclose an endoscope as the device and wherein the medical system is configured such that the pressurized fluid from an external source, is selectively actuated to release an agent via a passage extending through a barrier of the medical device (Col. 10, lines 17-19); and the agent from the medical device are mixed with one another prior to entering the medical device, and the medical device is configured to receive and deliver a mixture of the pressurized fluid and the agent through the shaft. Pic et al. (henceforth Pic) teaches a device for use with an endoscope (¶ [0021]) device comprising an enclosure (16), external to an endoscope (the shaft of the device of Pic is fed through the endoscope), and barrier (shaft 92 comprises closed portions for retaining the agent in the enclosure; ¶¶ [0048]-[0049]) for providing an agent into a pressurized fluid source (from gas line 116 in Figure 10) for delivery through the endoscope during a procedure, and wherein the agent is mixed before being delivered (¶¶ [0020] and [0026]). Pic further teaches wherein the pressurized fluid source (or medical device as per claim 30) is selectively actuated to initiate delivery of the pressurized fluid to the endoscope independent of the agent from the medical device (e.g., ¶ [0026] discloses the pressurized fluid and agent being released separately). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the device of the patent to utilize an endoscope as the medical device and to mix the agent before administration as taught by Pic so as to allow for utilizing the agent and pressurized gas for mixing before being delivered during an endoscope procedure as taught by Pic. Regarding claim 34, Pic further teaches a tube (e.g., catheter 18) connected to a port of the endoscope and extending through a working channel of the shaft via the port (¶ [0021] discloses the catheter shaft as extending through a channel in the endoscope; the proximal receiving opening on the endoscope for receiving the catheter of Pic is considered a port). Regarding claim 35, the subject matter is known from claim 1 of the patent (Col. 10, lines 15-23). Regarding claim 36, the subject matter is known from claim 5 of the patent. Regarding claim 37, the subject matter is known from claim 5 of the patent (Col. 10, lines 15-27 and 39-40). Regarding claim 38, the patent (claim 10) teaches method of administering an agent via a medical system that includes a pressurized fluid source, and a medical device, the method comprising: coupling the pressurized fluid source with a tube (Col. 10, line 67); separate from the step of coupling the pressurized fluid source with the tube, coupling the medical device with the tube(Col. 11, lines 1-4; the lumen being the tube); coupling the tube with the medical device to establish fluid communication between (1) the pressurized fluid source and the medical device, with (2) the medical device, via the tube: actuating the pressurized fluid source to deliver a pressurized fluid through the tube (Col. 10, line 67, the step of providing the gas is considered actuation): separate from the step of actuating the pressurized fluid source, actuating the medical device to deliver an agent through a barrier member that includes a passage extending therethrough towards the tube (Col. 10, lines 17-19; Col. 11, lines 1-4), wherein the medical system is configured such that the pressurized fluid from the pressurized fluid source and the agent from the medical device are mixed with one another within the tube prior to entering the endoscope; and receiving a mixture of the pressurized fluid and the agent at the medical device and delivering the mixture through a shaft of the endoscope (claim 10 sets forth the step of providing the pressurized fluid along with the step of rotating the barrier member to provide the agent into the lumen comprising the pressurized fluid; it will be mixed after such steps before exiting the lumen). The patent fails to explicitly teach the medical device as used with an endoscope. Pic et al. (henceforth Pic) teaches a device for use with an endoscope (¶ [0021]) device comprising an enclosure (16), external to an endoscope (the shaft of the device of Pic is fed through the endoscope), and barrier (shaft 92 comprises closed portions for retaining the agent in the enclosure; ¶¶ [0048]-[0049]) for providing an agent into a pressurized fluid source (from gas line 116 in Figure 10) for delivery through the endoscope during a procedure, and wherein the agent is mixed before being delivered (¶¶ [0020] and [0026]). Pic further teaches wherein the pressurized fluid source (or medical device as per claim 30) is selectively actuated to initiate delivery of the pressurized fluid to the endoscope independent of the agent from the medical device (e.g., ¶ [0026] discloses the pressurized fluid and agent being released separately). It would have been obvious to one of ordinary skill in the art at the time of filing to modify the device of the patent to utilize an endoscope as the medical device and to mix the agent before administration as taught by Pic so as to allow for utilizing the agent and pressurized gas for mixing before being delivered during an endoscope procedure as taught by Pic. Regarding claim 39, the subject matter is known from claim 10 of the patent (Col. 11, lines 1-4). Regarding claim 40, Pic further teaches a tube (e.g., catheter 18) connected to a port of the endoscope and extending through a working channel of the shaft via the port (¶ [0021] discloses the catheter shaft as extending through a channel in the endoscope to the treatment site). Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claim(s) 21-40 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pic (US 2019/0232030). Regarding claim 21, Pic discloses (Figures 19A-19B) a medical system, comprising: an endoscope including a shaft (¶ [0021]; the device is used to deliver an agent through an endoscope during use); a pressurized fluid source in fluid communication with the endoscope (the catheter 18 of the device of Pic is intended to extend within a channel in the endoscope to deliver the pressurized agent to the target site), the pressurized fluid source is configured to selectively deliver a pressurized fluid towards the endoscope; and a medical device (170) in fluid communication with the endoscope, the medical device including an enclosure (190) storing an agent (54) and a barrier (rotatable passage 232) configured to selectively deliver the agent out of the enclosure and towards the endoscope (¶ [0074]); wherein the medical system is configured such that the pressurized fluid from the pressurized fluid source and the agent from the medical device are mixed with one another prior to entering the endoscope, and the endoscope is configured to receive and deliver a mixture of the pressurized fluid and the agent through the shaft (¶ [0066] discloses the mixing chamber and movement of the agent into the passage for engaging with the pressurized fluid; ¶ [0074] discloses that the embodiment of Figures 19A-19B is used with the same features of the embodiment of Figure 15 disclosed to use pressurized fluid in ¶ [0066]). Regarding claim 22, Pic further discloses a tube (182 through 180 into catheter 18) that is coupled to a port of the endoscope and extends through a working channel of the shaft via the port (¶ [0021] discloses the catheter 18 as extending through the endoscope to the target site; ¶ [0080]). Regarding claim 23, Pic further discloses wherein the pressurized fluid source and the medical device are fluidly coupled to the endoscope via the tube (¶ [0021]; all embodiments of the enclosure and barrier are applicable to the same end use of delivering a powdered agent through the catheter in the endoscope). Regarding claim 24, Pic further discloses wherein the barrier (shaft of 232) is configured to move relative to the enclosure to selectively release the agent from the enclosure (¶ [0076] discloses that the passage and outer sleeve 240 may rotate relative to one another via actuator 248 to align openings 236/244 with each other to allow passage of agent 54 through the channel of barrier member 232 and out tubing 182). Regarding claim 25, Pic further discloses wherein the barrier (shaft of 232) includes a passage (the inside of 232 is disclosed as a passage for agent 54 to pass therethrough; ¶ [0076]) that is positioned between the enclosure (190) and the tube (182). Regarding claim 26, Pic further discloses wherein rotation of the barrier relative to the enclosure and the tube established fluid communication between a cavity of the enclosure (190) and a lumen of the tube via the passage (channel of 232; ¶¶ [0078] and [0080] disclose powder passing through barrier member 232 from enclosure 190 and out through tubing 182 to port 180). Regarding claim 27, Pic further discloses wherein the barrier (232) is configured to align the passage (inside of 232) with each of the enclosure (190) and the tube (182) to selectively deliver the agent (54) from the cavity to the lumen in response to rotating the passage (rotation of barrier 232 aligns holes 236 and 244 to allow passage of the agent from the enclosure through the barrier member and out the tube 182; ¶¶ [0077]-[0080]). Regarding claim 28, Pic further discloses wherein the enclosure (190) is configured to feed the agent into the passage (182) via gravity (¶ [0079], the openings allow the powder to pass into the channel of 232, and as it sits above the channel 182, it will fall down into said channel), and the passage is configured to feed the agent into the lumen (¶ [0079]) via gravity (the agent falls into the passage before mixing with the pressurized mixing fluid; gravity will provide some downward force on the powder even if the pressurized fluid is forced into the enclosure to move the agent through the openings). Regarding claim 29, Pic further discloses wherein the pressurized fluid source (116) is selectively actuated to initiate delivery of the pressurized fluid to the endoscope independent of the agent from the medical device (¶ [0051] discloses that dosed agent may enter mixing chamber to mix with the pressurized fluid before exiting the mixing chamber; therefore, the gas and the agent are considered to be selectively released for mixing; this is applicable to all embodiments). Regarding claim 30, Pic further discloses wherein the medical device is selectively actuated to initiate delivery of the agent to the endoscope independent of the pressurized fluid from the pressurized fluid source (the device of Figure 19A provides openings which, when aligned, allow movement of a powdered agent from the enclosure into the channel of member 232; this can happen even without pressurized fluid being forced through passage 176 since the openings are in a vertical tube and can therefore enter the channel if the openings are aligned even in the absence of pressurized fluid). Regarding claim 31, Pic further discloses wherein the pressurized fluid source (116) includes a gas canister or tank positioned within a medical facility and adjacent to the endoscope and the medical device (¶ [0022] discloses the gas supply as a hospital wall access or canister as claimed). Regarding claim 32, Pic further discloses wherein the barrier includes a plurality of openings (perforations or voids 236; ¶ [0074]) positioned between the enclosure and the tube (Figure 19A; they’re formed in the barrier and form an opening for fluidly connecting the barrier 190 to tube 182), the plurality of openings are each configured to transfer the agent stored in the enclosure to the tube in response to the barrier moving relative to the enclosure (¶ [0077] discloses aligning the openings to transfer the agent into the tube). Regarding claim 33, Pic discloses (Figures 19A-19B) a medical system, comprising: an endoscope including a shaft (¶ [0021] discloses that the device is used with an endoscope); a pressurized fluid source (116) positioned external to and in fluid communication with the endoscope (depicted in Figure 10; ¶ [0021]), the pressurized fluid source is selectively actuated to release a pressurized fluid (¶ [0051] discloses that dosed agent may enter mixing chamber 94 to mix with the pressurized fluid before exiting the mixing chamber; this feature is used with all embodiments and would enter through pressurized fluid tube 176; therefore, the gas and the agent are considered to be selectively released for mixing); and a medical device (114) positioned external to and in fluid communication with the endoscope, the medical device is selectively actuated to release an agent via a passage extending through a barrier of the medical device (agent 54 is passed through openings 236 in barrier 232 and into the shaft of 232 before passing into tube 182; ¶¶ [0077]-[0079] discloses that the barrier 232 is rotated to selectively release agent into tube 182): wherein each of the pressurized fluid source and the medical device are selectively actuated independent of one another (¶ [0076] discloses that dosed agent may enter the channel of barrier 232 via rotation of actuator 248 which aligns the openings 236, 244); wherein the pressurized fluid released from the pressurized fluid source is configured to mix with the agent released from the medical device prior to entering the endoscope, and urge a mixture of the pressurized fluid and the agent into the endoscope and through the shaft (¶ [0066] discloses the passage 176 (present in the embodiment of Figure 19A) for passing pressurized fluid into the enclosure for moving through the barrier member 232). Regarding claim 34, Pic further discloses a tube (catheter 18) that is coupled to a port of the endoscope and extends through a working channel of the shaft via the port (¶ [0021] discloses the catheter 18 as extending through the endoscope to the target site); wherein the pressurized fluid source and the medical device are fluidly coupled to the endoscope via the tube (¶ [0021]). Regarding claim 35, Pic further discloses an enclosure (190) configured to store the agent (54) and a barrier (232) configured to release the agent from the enclosure in response to the barrier rotating relative to the enclosure (¶¶ [0076]-[0077]). Regarding claim 36, Pic further discloses wherein the barrier (232) is configured to release the agent towards the endoscope in response to the barrier rotating relative to the enclosure (¶¶ [0077]-[0079]). Regarding claim 37, Pic further discloses wherein the barrier (232) includes one or more openings (236) defining a passage that is positioned between the enclosure and the tube (¶ [0079]), the one or more openings are configured to transfer the agent stored in the enclosure to the tube in response to the barrier rotating relative to the enclosure (¶ [0077]). Regarding claim 38, Pic discloses (Figures 19A-19B) a method of administering an agent via a medical system that includes an endoscope (¶ [0021] discloses the device passing through a shaft of an endoscope), a pressurized fluid source (116), and a medical device (114), the method comprising: coupling the pressurized fluid source with a tube (the source is coupled via 116 to gas line 118); separate from the step of coupling the pressurized fluid source with the tube, coupling the medical device with the tube (Figure 10); coupling the tube with the endoscope to establish fluid communication between (1) the pressurized fluid source and the medical device (Figure 10; ¶¶ [0021] and [0050]; the tube 182 is coupled to catheter 18 of the endoscope which passes through a channel in the endoscope which is analogous to instant Figure 1A of the application), with (2) the endoscope, via the tube: actuating the pressurized fluid source to deliver a pressurized fluid through the tube (¶¶ [0049]-[0051]): separate from the step of actuating the pressurized fluid source, actuating the medical device to deliver an agent through a barrier (232) that includes a passage (inside 232) extending therethrough towards the tube (54; the agent is release separately from the gas source via rotation of actuator 248; ¶ [0080] discloses that the pressurized fluid may allow some of the powder to exit the openings in 232 and that 248 can be actuated to allow additional agent flow if desired; it therefore performs this function separate from the gas initialization), wherein the medical system is configured such that the pressurized fluid from the pressurized fluid source and the agent from the medical device are mixed with one another within the tube prior to entering the endoscope (they’re mixed in chamber 190 before exiting the device to the endoscope as per ¶¶ [0051] and [0080]); and receiving a mixture of the pressurized fluid and the agent at the endoscope and delivering the mixture through a shaft of the endoscope (¶¶ [0049]-[0051] disclose separate release of the agent into the mixing chamber for mixing with the pressurized gas before exiting the medical device into the endoscope shaft via tube 182 and port 180 which lead into the catheter passing through the endoscope). Regarding claim 39, Pic further discloses wherein actuating the medical device to deliver the agent through the tube comprises: rotating a barrier (232; ¶ [0077]) of the medical device to selectively align a passage (inside of 232) of the barrier with each of an enclosure of the medical device that stores the agent and a lumen of the tube that receives the agent (54) from the enclosure via the passage (¶ [0077]-[0079]; the barrier is rotated to align the holes with those in shaft 240 to allow the agent from the enclosure to exit through the channel of the barrier member and into tube 182). Regarding claim 40, Pic further discloses wherein coupling the tube with the endoscope comprises: extending the tube into a port of the endoscope (¶ [0021] discloses extending the catheter 18 through a shaft of the endoscope to the target site) and through a shaft of the endoscope that terminates at a target treatment site, such that the mixture of the pressurized fluid and the agent are delivered through the shaft and to the target treatment site (¶¶ [0021] and [0049]-[0051] teach the means of mixing the agent with the pressurized fluid source and expelling it from the device to catheter 18 which has an exit at the treatment site as claimed; this function is equally applicable to the embodiment of Figure 19A). 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 JUSTIN L ZAMORY whose telephone number is (571)270-1238. The examiner can normally be reached M-F 8:30am-4:30pm ET. 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, Michael Tsai can be reached at 571-270-5246. 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. /JUSTIN L ZAMORY/Examiner, Art Unit 3783 /MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
Read full office action

Prosecution Timeline

Feb 26, 2024
Application Filed
Nov 01, 2025
Non-Final Rejection — §102, §DP
Jan 14, 2026
Interview Requested
Jan 22, 2026
Applicant Interview (Telephonic)
Jan 22, 2026
Examiner Interview Summary
Feb 04, 2026
Response Filed
Feb 24, 2026
Final Rejection — §102, §DP (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
90%
With Interview (+18.0%)
3y 5m
Median Time to Grant
Moderate
PTA Risk
Based on 498 resolved cases by this examiner. Grant probability derived from career allow rate.

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