Prosecution Insights
Last updated: April 19, 2026
Application No. 18/616,119

Syringe-Based Microbubble Generator

Non-Final OA §102§103
Filed
Mar 25, 2024
Examiner
SWANSON, LEAH JENNINGS
Art Unit
3783
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Agitated Solutions Inc.
OA Round
3 (Non-Final)
65%
Grant Probability
Moderate
3-4
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allow Rate
269 granted / 415 resolved
-5.2% vs TC avg
Strong +40% interview lift
Without
With
+39.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
62 currently pending
Career history
477
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
51.1%
+11.1% vs TC avg
§102
21.5%
-18.5% vs TC avg
§112
19.8%
-20.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 415 resolved cases

Office Action

§102 §103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 15, 2025 has been entered. Response to Amendment The amendment filed September 15, 2025 has been entered. Claims 33-36 and 39-43 remain pending in the application. Claims 1-32 and 37-38 were previously cancelled. Applicant’s amendments to the claims have overcome the objections previously set forth in the Final Office Action mailed May 15, 2025. Priority Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows: 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. 17584826, 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. Prior-filed application 17584826 does not provide adequate support for: “a surfactant additive disposed in the fluidly continuous channel” as required by claim 33 “the surfactant additive is infused in foam insert that is disposed input port section” as required by claim 35 “wherein the surfactant additive comprises polysorbate” as required by claim 36 “a foam insert disposed in the input port section, wherein the foam insert is infused with polysorbate that is configured to be released from the foam insert when saline or another liquid passes therethrough” as required by claim 40 “a foam insert disposed in the input port section, wherein the foam insert is infused with polysorbate that is configured to be released from the foam insert when the saline is pushed from the syringe into the fluidly continuous channel” as required by claim 43 Prior-filed application 17584826 discloses a body-compatible solution comprising a surfactant/polysorbate disposed in the barrel of a syringe (see at least [0011] and [0015]); however, prior-filed application 17584826 does not provide support for the surfactant additive is disposed in the fluidly continuous channel of the aerator as required by claim 33 or a foam insert infused with polysorbate as required by claims 35-36, 40, and 43. Accordingly, claims 33-36 and 39-43 of the present application are not entitled to the benefit of the earlier filing dates of the prior-filed applications. The presently pending claims have the actual filing date of the present application: March 25, 2024. Claim Objections Claim 34 is objected to because there is a lack of antecedent basis for “the housing volume” in line 2. Appropriate correction is required. Claim 40 is objected to because there is a lack of antecedent basis for “the housing volume” in line 17. Appropriate correction is required. Claim 43 is objected to because there is a lack of antecedent basis for “the housing volume” in line 19. Appropriate correction is required. Claim Rejections - 35 USC § 102 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. 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. Claims 33-34, 39, and 41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Arcand et al. (US 20220233761)1. Regarding claim 33, Arcand discloses a device (microbubble generator 100; Figures 2A-2D) comprising: an aerator (converging nozzle 115 and interior structures of aerator 133) having a coupling end (coupling end 118) that is configured to couple to a syringe (Figure 2A; “a coupling end 118 that is configured to engage the tip 112 of the syringe 103.” [0050]), a flange (see annotated Figure 2C below), and an aerator body (Figure 2C); the aerator body having a channel (Figure 2C) therethrough that comprises an inlet port section (proximal end of interior fluid channel 127), an inlet section (proximal portion of through 230), a throat section (distal portion of throat 230), a diffusing section (proximal portion of discharge channel 147 having gradually increasing diameter), and an outlet section (distal end of discharge channel 147); wherein the inlet port section, the outlet section, the diffusing section, the throat section, the inlet section, and the inlet port section form a fluidly continuous channel that couples the inlet port section to the outlet section (Figure 2C); a housing (outer wall 245) having a sealing-end opening that couples to the flange (Figures 2B-2C; “the O-ring 134 may be made of an elastic material that has sufficient elasticity and compressibility to facilitate engagement of the converging nozzle 115 and aerator 133, and sufficient resilience to securely couple the converging nozzle 115 and aerator 133 once the grooves 235A and 235B of these components 115 and 133 are aligned as described. In some implementations, the O-ring 134 and grooves 235A and 235B may provide an air-tight, sterile seal.” [0055]), a discharge tip (see annotated Figure 2C below) that couples to the outlet section (Figure 2C), and an interior that forms a gas pocket (interior air chamber 241) around the aerator body (Figure 2C; “the interior air chamber 241 is formed by the outer wall 245 of the aerator.” [0057]); a surfactant additive (“the body-compatible solution includes a surfactant that lowers an interfacial tension of the solution” [0125]) disposed in the fluidly continuous channel (“the device includes a body-compatible solution that is disposed in the barrel.” [0011]; “The method may further include generating microbubbles by forcing the body-compatible fluid out of the syringe, through the interior cavity, and through the housing discharge tip.” [0013], wherein the body-compatible solution is disposed in the fluidly continuous channel as is it forced through the interior cavity and out through the discharge channel 147); wherein the aerator further includes a vent (one of series of air channels 246; Figures 2C and 2D) that couples the gas pocket to at least one of the throat section or the diverging section (“FIG. 2D illustrates the air channel 246 (or series of air channels 246) that fluidly couple the interior air chamber 241 to the throat 230-discharge channel 147 passageway.” [0058]); and wherein the flange is disposed exterior to the housing (Figure 2C). Regarding claim 34, Arcand discloses the device of claim 33, further comprising a second vent (second of one of series of air channels 246; Figures 2C and 2D) that fluidly couples the outlet section (distal end of discharge channel 147) to the housing volume (“FIG. 2D illustrates the air channel 246 (or series of air channels 246) that fluidly couple the interior air chamber 241 to the throat 230-discharge channel 147 passageway.” [0058]; coupled via the fluidly continuous channel). Regarding claim 39, Arcand discloses the device of claim 33, further comprising a removable volume-consuming material (o-ring 134) disposed in the gas pocket (see Figure 2C showing at least a portion of o-ring 134 in air chamber 241) that reduces a volume of the gas pocket relative to the volume without the removable volume-consuming material disposed therein (Figures 2B-2C); wherein the volume-consuming material comprises comprising at least one of a discrete washer, a discrete ring, or a discrete cylinder disposed around the inlet nozzle or in the housing (“the converging nozzle 115 includes grooves 235A for receiving the o-ring 134 and facilitating a compression-fit coupling; and the aerator 133 includes corresponding grooves 235B for the same purpose. This structure allows the O-ring 134 to be slipped into the grooves 235A, and for the retention end 236 of the aerator 133 to be slid over the converging tip 121 and for the grooves 235B to engage and be retained by the O-ring 134…the O-ring 134 and grooves 235A and 235B may provide an air-tight, sterile seal.” [0055]). Regarding claim 41, Arcand discloses the device of claim 33, further comprising a syringe (syringe 103) to which the coupling end is coupled (Figure 2A; “The converging nozzle 115, in the implementation shown, has a coupling end 118 that is configured to engage the tip 112 of the syringe 103” [0050]). Claim Rejections - 35 USC § 103 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. 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 35-36 are rejected under 35 U.S.C. 103 as being unpatentable over Arcand et al. (US 20220233761) in view of Lee-Sepsick et al. (US 20100086492). Regarding claim 35, Arcand discloses the device of claim 33. Arcand fails to explicitly disclose the surfactant additive is infused in a foam insert that is disposed in the input port section. Lee-Sepsick teaches a device (Figure 4) comprising a surfactant additive that is infused in a foam insert (“a porous substance, such as open cell foams” [0034]; “A porous substance may be any substance that can contain gas and liquid and release the gas and liquid easily upon compression or physical force upon the porous substance. For example, a porous substance may be a sponge, such as open cell polyurethane sponge, that may be compressible. For example, a porous substance may be material that contains a gas and a liquid is rigid, but collapses upon compression, to release the gas and liquid…It is theorized that the porous substance comprises a gas within its pores and a liquid associated therewith the porous substance. The liquid and gas may be found within the pores or associated with the porous material in an easily releasable fashion, such as by surface tension, hydrogen bonding or other weak bonding associations.” [0052]; “The liquids provided to containers or porous substances may further comprise a surfactant” [0053]) disposed in a input port section (Figure 4; “a container comprising a flexible porous material contained within the container. An example wherein the container is a syringe body is described, such as one shown in FIG. 4.” [0024]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the device of Arcand to include the surfactant additive is infused in a foam insert disposed in the input port section based on the teachings of Lee-Sepsick to stabilize the gas-liquid interface of the microbubbles as they are released from the device in a manner that creates an irregular pattern (Lee-Sepsick [0026, 0028, 0052-0053]). Regarding claim 36, modified Arcand discloses the device of claim 35, wherein the surfactant additive comprises polysorbate (“the body-compatible fluid comprises saline and polysorbate.” [0015]). Claims 40 and 42-43 are rejected under 35 U.S.C. 103 as being unpatentable over Arcand et al. (US 20220233761) in view of Lee-Sepsick et al. (US 20100086492) in further view of Bergmann et al. (WO 9726016). Regarding claim 40, Arcand discloses a device (Figure 7A) comprising: an aerator (aerator 716) having a coupling end (see annotated Figure 7A below) that is configured to couple to a syringe (Figure 7A; “An aerator 716 may be coupled to the syringe tip 712” [0101]), a flange (see annotated Figure 7A above), and an aerator body (Figure 7B); the aerator body having a channel (interior cavity 755; Figure 7B) therethrough that comprises an inlet port section (input port section 758), an inlet section (inlet section 761), a throat section (throat section 764), a diffusing section (diffusing section 765), and an outlet section (outlet section 767); wherein the outlet section, the diffusing section, the throat section, the inlet section, and the inlet port section form a fluidly continuous channel that couples the inlet port section to the outlet section (Figure 7A); a housing (housing 716) having a sealing-end opening that couples to the flange (Figure 7A; “the housing 719 is configured to fluidly seal against the barrel 706, and the aerator 716 may be sealed to the syringe tip 712 and the discharge tip 728” [0102]; wherein an end of housing 719 is coupled to the flange because the housing 719 is sealed to the aerator 716), a discharge tip (discharge tip 728) that couples to the outlet section, and an interior (interior surface 725) that forms a gas pocket (circumferential gas pocket 731) around the aerator body (Figure 7A); wherein the aerator further includes a first vent (first vent hole 743) that couples the gas pocket to at least one of the throat section (through section 764) or the diverging section (“In operation, the first vent 743 and second vent 744 may cooperate to increase efficiency at which fluid moving through the throat section 764 aspirates gas, through the first vent hole 743, from the circumferential gas pocket 731 (see FIG. 7A).” [0106]; Figure 7A-7B) and a second vent (second vent 744) that fluidly couples the outlet section (outlet section 767) to the housing volume (“an initial quantity of fluid passing through the interior cavity 755 may displace air or other gas in the interior cavity 755 primarily through the second vent hole 744” [0106]; Figures 7A-7B); and wherein the housing seals around the aerator such that the gas pocket is fluidly coupled to the channel via the first vent and the second vent but is otherwise fluidly isolated from an area exterior to the housing (“the housing 719 is configured to fluidly seal against the barrel 706, and the aerator 716 may be sealed to the syringe tip 712 and the discharge tip 728, such that any fluid that is ejected from the syringe 703 (e.g., by a user of the syringe 703 depressing the plunger 709) is ejected through the syringe tip 712, into an interior cavity 755 (see FIG. 7B) of the aerator 716, through the discharge tip 728. A circumferential gas pocket 731 may be created by the interior surface 725, the aerator 716, the syringe tip 712, and the discharge tip 728.” [0102]; Figures 7A-7B). Arcand fails to explicitly disclose a foam insert disposed in the input port section, wherein the foam insert is infused with polysorbate that is configured to be released from the foam insert when saline or another liquid passes therethrough. Lee-Sepsick teaches a device (Figure 4) comprising a foam insert (“a porous substance, such as open cell foams” [0034]) disposed in an input port section (“a container comprising a flexible porous material contained within the container. An example wherein the container is a syringe body is described, such as one shown in FIG. 4.” [0024]), wherein the foam insert is infused with polysorbate (“The liquids provided to containers or porous substances may further comprise a surfactant” [0053]; “Surfactants include…esters of fatty acids with polyoxyalklated sorbitan…polyoxyethylenesorbitans” [0028] wherein polyoxyalklated sorbitan and polyoxyethylenesorbitans are polysorbates) that is configured to be released from the foam insert (“A porous substance may be any substance that can contain gas and liquid and release the gas and liquid easily upon compression or physical force upon the porous substance. For example, a porous substance may be a sponge, such as open cell polyurethane sponge, that may be compressible. For example, a porous substance may be material that contains a gas and a liquid is rigid, but collapses upon compression, to release the gas and liquid…It is theorized that the porous substance comprises a gas within its pores and a liquid associated therewith the porous substance. The liquid and gas may be found within the pores or associated with the porous material in an easily releasable fashion, such as by surface tension, hydrogen bonding or other weak bonding associations.” [0052]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the device of Arcand to include a foam insert disposed in the input port section, wherein the foam insert is infused with polysorbate that is configured to be released from the foam insert based on the teachings of Lee-Sepsick to stabilize the gas-liquid interface of the microbubbles as they are released from the device in a manner that creates an irregular pattern (Lee-Sepsick [0026, 0028, 0052-0053]). Arcand in view of Lee-Sepsick fails to explicitly disclose the polysorbate is configured to be released from the foam insert when saline or another liquid passes therethrough. Bergmann teaches a foam insert (“a porous, solid, water-soluble matrix containing a low molecular weight scaffold, a surfactant and a gas” [Page 3]) infused with polysorbate (“Suitable surfactants are water-soluble, nonionic surfactants, those with a perfluorinated hydrocarbon building block and / or with a molecular weight of <15,000 daltons being preferred. Examples include sorbitan fatty acid esters, polyoxyethylene sorbitan, polyoxyethylene sorbitol” [Page 4], wherein polyoxyethylene sorbitan is a polysorbate) that is configured to be released from the foam insert when saline or another liquid passes therethrough (“gas bubbles are released after the matrix is dissolved.” [Page 3]; “The desired particle-free ultrasound contrast agents can easily be produced from the matrices according to the invention by adding an aqueous medium” [Page 5], wherein the polysorbate/surfactant is part of the soluble matrix, which is dissolved). Before the effective filing date of the claimed invention, it would have been obvious to further modify the device of Arcand in view of Lee-Sepsick to include the foam insert infused with polysorbate that is configured to be released from the foam insert when saline or another liquid passes therethrough based on the teachings of Bergmann to stabilize the microbubbles as they are delivered from the device in a manner that reduces the risk of accidental delivery of undesired particulates (Bergmann [Pages 3-4]). Regarding claim 42, modified Arcand discloses the device of claim 40, further comprising a syringe (syringe 703) to which the coupling end is coupled (Figure 7A; “An aerator 716 may be coupled to the syringe tip 712” [0101]). [AltContent: textbox (Arcand Annotated Figure 7A)] Regarding claim 43, Arcand 2022 discloses a device (Figure 7A) comprising: a syringe (syringe 703) comprising saline (“a device having a single aerator component (e.g., like the exemplary microbubble generator 700 shown in FIG. 7) made of polypropylene was employed; and the syringe was filled with saline.” [0136]); an aerator (aerator 716) having a coupling end (see annotated Figure 7A above) that is coupled to the syringe (Figure 7A; “An aerator 716 may be coupled to the syringe tip 712” [0101]), a flange (see annotated Figure 7A above), and an aerator body (Figure 7B); the aerator body having a channel (interior cavity 755; Figure 7B) therethrough that comprises an inlet port section (input port section 758), an inlet section (inlet section 761), a throat section (throat section 764), a diffusing section (diffusing section 765), and an outlet section (outlet section 767); wherein the outlet section, the diffusing section, the throat section, the inlet section, and the inlet port section form a fluidly continuous channel that couples the inlet port section to the outlet section (Figure 7A); a housing (housing 716) having a sealing-end opening that couples to the flange (Figure 7A; “the housing 719 is configured to fluidly seal against the barrel 706, and the aerator 716 may be sealed to the syringe tip 712 and the discharge tip 728” [0102]; wherein an end of housing 719 is coupled to the flange because the housing 719 is sealed to the aerator 716), a discharge tip (discharge tip 728) that couples to the outlet section, and an interior (interior surface 725) that forms a gas pocket (circumferential gas pocket 731) around the aerator body (Figure 7A); and polysorbate that lowers interfacial tension of saline when saline is pushed from the syringe into the fluidly continuous channel (“Surfactants in solution tend reduce the interfacial tension between molecules of the solution (independent of effects on interfacial tension that surface energies of materials in contact with the solution may have at the contact surface). That is, in the absence of a surfactant, the intermolecular forces holding individual molecules of the solution to each other may be relatively strong, whereas addition of a surfactant reduces the intermolecular attractive forces, or interfacial tension. It is understood that this reduction of interfacial tension, caused by the presence of a surfactant (e.g., dextrose or polysorbate), increases a solution's ability to attract air or gas, in the form of microbubbles (e.g., in or near the venturi throat, when the solution is moving through said venturi throat).” [0149], see also [0125] and [0150]), wherein the aerator further includes a first vent (first vent hole 743) that couples the gas pocket to at least one of the throat section (through section 764) or the diverging section (“In operation, the first vent 743 and second vent 744 may cooperate to increase efficiency at which fluid moving through the throat section 764 aspirates gas, through the first vent hole 743, from the circumferential gas pocket 731 (see FIG. 7A).” [0106]; Figure 7A-7B) and a second vent (second vent 744) that fluidly couples the outlet section (outlet section 767) to the housing volume (“an initial quantity of fluid passing through the interior cavity 755 may displace air or other gas in the interior cavity 755 primarily through the second vent hole 744” [0106]; Figures 7A-7B); and wherein the housing seals around the aerator such that the gas pocket is fluidly coupled to the channel via the first vent and the second vent but is otherwise fluidly isolated from an area exterior to the housing (“the housing 719 is configured to fluidly seal against the barrel 706, and the aerator 716 may be sealed to the syringe tip 712 and the discharge tip 728, such that any fluid that is ejected from the syringe 703 (e.g., by a user of the syringe 703 depressing the plunger 709) is ejected through the syringe tip 712, into an interior cavity 755 (see FIG. 7B) of the aerator 716, through the discharge tip 728. A circumferential gas pocket 731 may be created by the interior surface 725, the aerator 716, the syringe tip 712, and the discharge tip 728.” [0102]; Figures 7A-7B). Arcand fails to explicitly disclose a foam insert disposed in the input port section, wherein the foam insert is infused with the polysorbate that is configured to be released from the foam insert when the saline is pushed from the syringe. Lee-Sepsick teaches a device (Figure 4) comprising a foam insert (“a porous substance, such as open cell foams” [0034]) disposed in an input port section (“a container comprising a flexible porous material contained within the container. An example wherein the container is a syringe body is described, such as one shown in FIG. 4.” [0024]), wherein the foam insert is infused with polysorbate (“The liquids provided to containers or porous substances may further comprise a surfactant” [0053]; “Surfactants include…esters of fatty acids with polyoxyalklated sorbitan…polyoxyethylenesorbitans” [0028] wherein polyoxyalklated sorbitan and polyoxyethylenesorbitans are polysorbates) that is configured to be released from the foam insert (“A porous substance may be any substance that can contain gas and liquid and release the gas and liquid easily upon compression or physical force upon the porous substance. For example, a porous substance may be a sponge, such as open cell polyurethane sponge, that may be compressible. For example, a porous substance may be material that contains a gas and a liquid is rigid, but collapses upon compression, to release the gas and liquid…It is theorized that the porous substance comprises a gas within its pores and a liquid associated therewith the porous substance. The liquid and gas may be found within the pores or associated with the porous material in an easily releasable fashion, such as by surface tension, hydrogen bonding or other weak bonding associations.” [0052]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the device of Arcand to include a foam insert disposed in the input port section, wherein the foam insert is infused with polysorbate that is configured to be released from the foam insert based on the teachings of Lee-Sepsick to stabilize the gas-liquid interface of the microbubbles as they are released from the device in a manner that creates an irregular pattern (Lee-Sepsick [0026, 0028, 0052-0053]). Arcand fails to explicitly disclose the polysorbate that is configured to be released from the foam insert when the saline is pushed from the syringe. Bergmann teaches a foam insert (“a porous, solid, water-soluble matrix containing a low molecular weight scaffold, a surfactant and a gas” [Page 3]) infused with polysorbate (“Suitable surfactants are water-soluble, nonionic surfactants, those with a perfluorinated hydrocarbon building block and / or with a molecular weight of <15,000 daltons being preferred. Examples include sorbitan fatty acid esters, polyoxyethylene sorbitan, polyoxyethylene sorbitol” [Page 4], wherein polyoxyethylene sorbitan is a polysorbate) that is configured to be released from the foam insert when liquid passes therethrough (“gas bubbles are released after the matrix is dissolved.” [Page 3]; “The desired particle-free ultrasound contrast agents can easily be produced from the matrices according to the invention by adding an aqueous medium” [Page 5], wherein the polysorbate/surfactant is part of the soluble matrix, which is dissolved). Before the effective filing date of the claimed invention, it would have been obvious to further modify the device of Arcand in view of Lee-Sepsick to include the foam insert infused with polysorbate is configured to be released from the foam insert when the saline is pushed from the syringe into the fluidly continuous channel based on the teachings of Bergmann to stabilize the microbubbles as they are delivered from the device in a manner that reduces the risk of accidental delivery of undesired particulates (Bergmann [Pages 3-4]). Response to Arguments Applicant’s arguments with respect to claims 33-36 and 39-43 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEAH J SWANSON whose telephone number is (571)270-0394. The examiner can normally be reached M-F 9 AM- 5 PM 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, Kevin Sirmons can be reached at (571) 272-4965. 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. /LEAH J SWANSON/Examiner, Art Unit 3783 /KEVIN C SIRMONS/Supervisory Patent Examiner, Art Unit 3783 1 It is noted that Arcand et al. (US 20220233761) qualifies as prior art because the currently pending claims are not entitled to the benefit of the earlier filing dates of the prior-filed applications and have the actual filing date of the present application: March 25, 2024 (see Priority Section).
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Prosecution Timeline

Mar 25, 2024
Application Filed
May 15, 2024
Response after Non-Final Action
Sep 03, 2024
Non-Final Rejection — §102, §103
Mar 10, 2025
Response Filed
May 08, 2025
Final Rejection — §102, §103
Aug 01, 2025
Interview Requested
Aug 08, 2025
Applicant Interview (Telephonic)
Aug 08, 2025
Examiner Interview Summary
Sep 15, 2025
Request for Continued Examination
Sep 23, 2025
Response after Non-Final Action
Nov 12, 2025
Non-Final Rejection — §102, §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
65%
Grant Probability
99%
With Interview (+39.6%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 415 resolved cases by this examiner. Grant probability derived from career allow rate.

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