DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 11/24/2025 has been entered. Claims 1-3 and 6-10 remain pending the application.
Response to Arguments
Applicant's arguments filed on 11/24/2025 have been fully considered but they are moot.
Applicant argues on pages 4-5 that the previous rejection fails to address the newly added limitations to the independent claim related to the radiology report and useful images. This argument is moot in view of the new grounds of rejection necessitated by amendment which relies on Piper and newly cited sections of Prior to disclose these limitations in the claim. Accordingly, this argument is moot.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 and 6-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, claim 1 recites the limitation “useful images” in lines 18 and 20. It is unclear what is meant by the term useful as this is a subjective measure. Different users would have different opinions about the usefulness of the same image. Clarification is required. For examination purposes, this limitation will be interpreted as requiring the catheter arriving at the target location based on paragraph 44 of the published specification. The Examiner believes that clarification and more specific limitations about the definition of the term “useful” would be a good way to advance prosecution towards allowance.
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 1-3, 6-7, and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Prior et al. (US20220047154, hereafter Prior) and Piper (US20230051081).
Regarding claim 1, Prior discloses a catheter system (Prior, Para 14; “signaling an endoluminal robot to drive a catheter through the endoluminal network”) (Prior, Para 45; “catheter 1 and the capsule 40 are configured to communicate the acquired images outside of the patient's body to and image receiver 12,”) (Prior, Para 102; “navigation of a catheter 103 or other tool to an area of interest in the endoluminal network identified in the image data. For example, a manual, motorized, or robotic catheter 103 may be navigated in the endoluminal network in a similar manner as the bronchoscope 102. Indeed, in at least one embodiment the catheter 103 is substantially the same as bronchoscope 102, with perhaps different imagers 5 and a larger working channel to accommodate biopsy or therapeutic tools. Where the catheter 103 also includes an imager 5 (as described in connection with endoscope 1, above) the images acquired by the imager of the catheter 103 may be compared to those captured by the capsule 40 or bronchoscope 102. The comparison of the images reveals proximity of the catheter 103 to the pathologies, lesions and landmarks within the lungs”) comprising:
a catheter configured for navigation within a luminal network of a patient (Prior, Para 14; “signaling an endoluminal robot to drive a catheter through the endoluminal network”) (Prior, Para 45; “catheter 1 and the capsule 40 are configured to communicate the acquired images outside of the patient's body to and image receiver 12,”) (Prior, Para 102; “navigation of a catheter 103 or other tool to an area of interest in the endoluminal network identified in the image data. For example, a manual, motorized, or robotic catheter 103 may be navigated in the endoluminal network in a similar manner as the bronchoscope 102. Indeed, in at least one embodiment the catheter 103 is substantially the same as bronchoscope 102, with perhaps different imagers 5 and a larger working channel to accommodate biopsy or therapeutic tools. Where the catheter 103 also includes an imager 5 (as described in connection with endoscope 1, above) the images acquired by the imager of the catheter 103 may be compared to those captured by the capsule 40 or bronchoscope 102. The comparison of the images reveals proximity of the catheter 103 to the pathologies, lesions and landmarks within the lungs”) (Prior, Para 62; “The bronchoscope 102 may include one or more pull-wires which can be used to manipulate the distal portion of the catheter.”) (Prior, Para 58; “As shown in FIG. 3, bronchoscope 102 (e.g., endoscope 1) is configured for insertion into the mouth or nose of a patient “P”.”) in at least one embodiment the catheter 103 is substantially the same as bronchoscope 102);
an optical sensor associated with a distal portion of the catheter (Prior, Para 43; “A forward-looking imager 5 captures images of the endoluminal network in the forward direction as the endoscope 1 is advanced in the endo-luminal network. One or more light sources 6 provide for illumination of the endoluminal network in the forward direction to enable capture of the images. Again the light reflected from the sidewalls of the endoluminal network is captured by the imager 5 and may be converted immediately to an image (e.g., via complementary metal-oxide-semiconductor (CMOS) “camera on a chip”) and data representing the image is transmitted to an image processing system”) (Prior, Figures 1 and 4; showing this);7
a drive mechanism including a motor coupled to the catheter and configured to articulate the distal portion of the catheter (Prior, Para 64; “FIG. 5 depicts an exemplary motor assisted or robotic arm 150 including a drive mechanism 200 for manipulation and insertion of the bronchoscope 102 or a catheter 103 (described in greater detail below) into the patient. The workstation may provide signals to the drive mechanism 200 to advance and articulate the bronchoscope 102 or catheter 103. In accordance with the present disclosure the workstation 11 receives the images and compiles or manipulates the images as disclosed elsewhere herein such that the images, compiled images, 2D or 3D models derived from the images can be displayed on a display 18.”) (Prior, Para 72; “the drive mechanism 200 is part of a robotic system including robotic arm 150 (FIG. 5) for navigating the bronchoscope 102 or a catheter 103 to a desired location within the body. In accordance with this disclosure, in instances where the drive mechanism is part of a robotic bronchoscope drive system, the position and orientation of the distal portion of the bronchoscope 102 or catheter 103 may be robotically controlled.”); and
a computing device in electrical communication with the optical sensor and the drive mechanism, the computing device including a processor and a memory, the memory storing therein an application that when executed by the processor (Prior, Para 61; “As noted above, workstation 11 may be any suitable computing device including a processor and storage medium, wherein the processor is capable of executing instructions stored on the storage medium. Workstation 11 may further include a database configured to store patient data, image data sets, white light image data sets, computed tomography (CT) image data sets, magnetic resonance imaging (MRI) image data sets, fluoroscopic data sets including fluoroscopic images and video, fluoroscopic 3D reconstruction, navigation plans, and any other such data. Although not explicitly illustrated, workstation may include inputs, or may otherwise be configured to receive, CT data sets, fluoroscopic images/video and other data described herein. Additionally, workstation 11 may be connected to one or more networks through which one or more databases may be accessed”):
receives a location of a lesion within the luminal network from a radiology report (Prior, Para 40; “Aspects of the present disclosure are directed to utilization of a bronchoscope or a capsule having capabilities to acquire images in both a forward and a rearward direction. These images are used in an initial diagnostic effort to determine where within the endoluminal network lesions or other pathologies may be located. Following an initial imaging a secondary catheter-based device may be inserted into the endoluminal network and navigated to the locations of the lesions or pathologies for acquisition of a biopsy, conducting therapy, or other purposes.”) (Prior, Para 35; “assessing the disease state of a patient using pre-procedural computed tomography (CT) or magnetic resonance imaging (MRI) image data sets. These pre-procedural image data sets are particularly beneficial for identifying tumors and lesions within the body of the patient.”) (Prior, Para 61; “Workstation 11 may further include a database configured to store patient data, image data sets, white light image data sets, computed tomography (CT) image data sets, magnetic resonance imaging (MRI) image data sets, fluoroscopic data sets including fluoroscopic images and video, fluoroscopic 3D reconstruction, navigation plans, and any other such data. Although not explicitly illustrated, workstation may include inputs, or may otherwise be configured to receive, CT data sets, fluoroscopic images/video and other data described herein. Additionally, workstation 11 may be connected to one or more networks through which one or more databases may be accessed.”);
receives images from the optical sensor (Prior, Para 76; “While navigating the endoluminal network images are captured. These images may be stored in storage unit 19 or the image database 10. One or more applications stored in a memory on workstation 11 can be employed to analyze the images.”),
identifies a bifurcation of the luminal network in the received images (Prior, Para 80; “The pre-determined criteria may include, for example, a measure or score of one or more pathology detections and/or anatomical landmark detections (e.g., […] bifurcation detector, etc., which are determined based on color, texture, structure or pattern recognition analysis of pixels in the frames), a measure or score of visibility or field of view in the frame of biological tissue which may be distorted or obscured by features such as shadows or residue, the estimated location or region of the capsule (e.g., a higher priority may be assigned to frames estimated to have been captured in a particular region of interest), frame capture or transmission rate, or any combination or derivation thereof. In some embodiments, the criteria used may be converted to scores, numbers or ratings before being evaluated with other criteria, so that the various criteria may be compared against each other”) (Prior, Para 77; “The editing filter 22 may evaluate the degree or occurrence in each frame of each of a plurality of pre-defined criteria from logical database 20. The editing filter 22 may select only a subset of images according to the predefined criteria, constraints, and rules provided by the logical database 20, to form a subset of images of interest”) (Prior, Para 93; “the editing filter 22 may select images pertaining to certain anatomical landmark points in the body lumen traversed by the capsule 40, such as the entrance to one or more named bifurcations”);
outputs signals to the drive mechanism to articulate the distal portion of the catheter to align the distal portion of the catheter with a lumen extending from the bifurcation in a direction of the location of a legion (Prior, Para 103; “an artificial intelligence associated the workstation 11 can analyze the original images acquired from capsule 40 or bronchoscope 102 and based on landmarks determine a pathway to an area of interest (e.g., a pathology or lesion). This pathway can then be utilized to enable efficient navigation to the pathologies and lesions identified in those images. As a result upon navigation of the diagnostic or therapeutic catheter 103 the display 18 can provide a GUI that alerts the clinician as to which airway to navigate the catheter 103 in as landmarks are identified in the real time images captured by the imager 5 of the catheter 103 and compared to those images previously captured, for example by bronchoscope 102”) (Prior, Para 57; “Whether a handheld, motor driven, or robotic device, the magnetic field generator 39 can be manipulated to enable decisions to be made at each bifurcation of an endoluminal network (e.g., the airways)”) (Prior, Para 107; “the catheter 103 or bronchoscope 102 is retracted back to the nearest bifurcation, fewer images may be required or imaging may be ceased except for occasionally to confirm location and to provide guidance on when the bifurcation has been reached and to begin advancement again”);
continues identification of lumens and outputting signals to the drive mechanism to align and advance the catheter (Prior, Para 57; "Interaction of the magnetic field generated by the magnetic field generator enables the capsule 40 to be traversed through the airways. The images may be displayed on the display 18 as they are being captured by the capsule 40. Whether a handheld, motor driven, or robotic device, the magnetic field generator 39 can be manipulated to enable decisions to be made at each bifurcation of an endoluminal network (e.g., the airways). In this manner all of the airways of the lungs may be navigating up to the diameter of the capsule 40 and images may be acquired to generate a pre-procedure image data set. Details of the analysis of the image data set as well as 3D model generation is described in greater detail below.") (Prior, Para 107; " In this way, when one airway of the lungs has been imaged, and the catheter 103 or bronchoscope 102 is retracted back to the nearest bifurcation, fewer images may be required or imaging may be ceased except for occasionally to confirm location and to provide guidance on when the bifurcation has been reached and to begin advancement again.") until the lesion is reached based on a score (Prior, Para 110; “At step 914, an endoluminal robot is signaled and provided the data necessary to follow the pathway plan through the endoluminal network to arrive at the areas of interest. At step 916, the location of the catheter may be optionally assessed by comparison of real time images to previously captured in vivo images. At step 918, one or more of the previously captured in vivo images, the real time images, a 2D or a 3D model may be presented on a graphic user interface. At step 920, once the endoluminal robot has driven the catheter to the area of interest, a diagnostic or therapeutic procedure may be undertaken at the area of interest. If there are more areas of interest the method reverts to step 914 and iterates until all areas of interest have a diagnostic or therapeutic procedure performed on them.”) (Prior, Para 78; “Other sorting methods are possible, for example based on different image parameters such as similarity between images or based on the score assigned to the image portions by the pathology or abnormality detectors. The merged stream may be processed as one stream (e.g., editing filter 22 may select images from the merged stream instead of separately from each stream). There are many factors to consider for efficiently reviewing in vivo”);
receives computed tomography (CT) images (Prior, Para 61; “Workstation 11 may further include a database configured to store patient data, image data sets, white light image data sets, computed tomography (CT) image data sets”), detects a location of the lesion within the luminal network from the CT images (Prior, Para 59; “a computing device or workstation 11 including software and/or hardware used to facilitate identification of a target, pathway planning to the target, navigation of the bronchoscope 102 through the airways of the patient.”), generates a three-dimensional (3D) model of the luminal network, and generates a pathway within the 3D model from a location of the distal portion of the catheter and the target (Prior, Para 6; “The endoluminal navigation system also reviews the captured and compiled images to identify areas of interest, constructs a three-dimensional (3D) model from the captured images, where the 3D model represents a fly-through view of the endoluminal network, and includes a display configured to receive compiled images or the 3D model and to present the compiled images or 3D model to provide views in both the first and the second directions, where the areas of interest are identified in the 3D model or images.”) (Prior, Para 19; “the method may include generating the pathway plan with reference to the 3D model.”) (Prior, Para 57; “Details of the analysis of the image data set as well as 3D model generation is described in greater detail below.”) (Prior, Para 64; “In accordance with the present disclosure the workstation 11 receives the images and compiles or manipulates the images as disclosed elsewhere herein such that the images, compiled images, 2D or 3D models derived from the images can be displayed on a display 18.”) (Prior, Para 103; “an artificial intelligence associated the workstation 11 can analyze the original images acquired from capsule 40 or bronchoscope 102 and based on landmarks determine a pathway to an area of interest (e.g., a pathology or lesion). This pathway can then be utilized to enable efficient navigation to the pathologies and lesions identified in those images. As a result upon navigation of the diagnostic or therapeutic catheter 103 the display 18 can provide a GUI that alerts the clinician as to which airway to navigate the catheter 103 in as landmarks are identified in the real time images captured by the imager 5 of the catheter 103 and compared to those images previously captured, for example by bronchoscope 102. The GUI may also provide distance and direction information to lesions or pathology. Still further, the pathway can be employed by the workstation 11 to drive the robotic arm 150 and the drive mechanism 200 to navigate the catheter 103 along the pathway with the clinician merely observing the progress of the catheter 103 to the areas of interest.”); and
registers the luminal network with the 3D model (Prior, Para 58; “s described above, the position and orientation of sensor 104 relative to a reference coordinate system, and thus the distal portion of bronchoscope 102 can be derived.”) (Prior, Para 103; “an artificial intelligence associated the workstation 11 can analyze the original images acquired from capsule 40 or bronchoscope 102 and based on landmarks determine a pathway to an area of interest (e.g., a pathology or lesion). This pathway can then be utilized to enable efficient navigation to the pathologies and lesions identified in those images. As a result upon navigation of the diagnostic or therapeutic catheter 103 the display 18 can provide a GUI that alerts the clinician as to which airway to navigate the catheter 103 in as landmarks are identified in the real time images captured by the imager 5 of the catheter 103 and compared to those images previously captured, for example by bronchoscope 102. The GUI may also provide distance and direction information to lesions or pathology. Still further, the pathway can be employed by the workstation 11 to drive the robotic arm 150 and the drive mechanism 200 to navigate the catheter 103 along the pathway with the clinician merely observing the progress of the catheter 103 to the areas of interest.”) (Prior, Para 109; “when the catheter 103 is robotically driven, and the robotic system provides a further coordinate system, any position and orientation data from the original imaging (e.g., by capsule 40 or bronchoscope 102) may be updated to eliminate any imprecision in the original position and orientation data associated with a particular frame or series of frames or images.”).
Prior does not clearly and explicitly disclose receiving the computed tomography (CT) images after the optical sensor is unable to generate useful images.
In an analogous diagnostic catheter imaging registration system field of endeavor Piper discloses receiving the computed tomography (CT) images after placement of a catheter at a target (Piper, Para 19; “a CT image with all catheters is acquired. The CT image is registered with the US image showing the lesion and all catheters on the basis of the catheters visible in both images. Using this registration, the lesion is transferred to the CT image for further treatment planning.”) (Piper, Para 39; “the second feature may be a set of initial catheters placed to intersect the first feature (e.g. lesion) in the anatomical structure (e.g. prostate)”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Prior to include receiving the computed tomography (CT) images after the optical sensor is unable to generate useful images in order to provide improved execution of the medical procedure due to enhanced usability of the image as taught by Piper (Piper, Para 4-5).
Prior as modified by Piper above is interpreted as meeting the limitations in the claim as best understood by the Examiner in view of the clarity deficiencies outlined above.
Regarding claim 2, Prior as modified by Piper above discloses all of the limitations of claim 1 as discussed above.
Prior further discloses wherein the optical sensor is affixed to the distal portion of the catheter (Prior, Para 43; “A forward-looking imager 5 captures images of the endoluminal network in the forward direction as the endoscope 1 is advanced in the endo-luminal network. One or more light sources 6 provide for illumination of the endoluminal network in the forward direction to enable capture of the images. Again the light reflected from the sidewalls of the endoluminal network is captured by the imager 5 and may be converted immediately to an image (e.g., via complementary metal-oxide-semiconductor (CMOS) “camera on a chip”) and data representing the image is transmitted to an image processing system”) (Prior, Figures 1 and 4; showing this).
Regarding claim 3, Prior as modified by Piper above discloses all of the limitations of claim 1 as discussed above.
Prior further discloses an electromagnetic sensor associated with the distal portion of the catheter and configured to detect an electromagnetic field (EM) (Prior, Para 59; “System 100 generally includes an operating table 112 configured to support a patient P; tracking system 114 coupled to bronchoscope 102 (e.g., a video display, for displaying the video images received from the video imaging system of bronchoscope 102). The system 100 may optionally include a locating or tracking system 114 including a locating module 116. Where the locating or tracking system 114 is an electromagnetic system, system 100 may further include a plurality of reference sensors 118 and a transmitter mat 120 including a plurality of incorporated markers; and a computing device or workstation 11 including software and/or hardware used to facilitate identification of a target, pathway planning to the target, navigation of the bronchoscope 102 through the airways of the patient.”).
Regarding claim 6, Prior as modified by Piper above discloses all of the limitations of claim 3 as discussed above.
Prior further discloses wherein the application when executed by the processor outputs signals to articulate the distal portion of the catheter based on the detected EM field (Prior, Para 59; “System 100 generally includes an operating table 112 configured to support a patient P; tracking system 114 coupled to bronchoscope 102 (e.g., a video display, for displaying the video images received from the video imaging system of bronchoscope 102). The system 100 may optionally include a locating or tracking system 114 including a locating module 116. Where the locating or tracking system 114 is an electromagnetic system, system 100 may further include a plurality of reference sensors 118 and a transmitter mat 120 including a plurality of incorporated markers; and a computing device or workstation 11 including software and/or hardware used to facilitate identification of a target, pathway planning to the target, navigation of the bronchoscope 102 through the airways of the patient.”) (Prior, Para 65; “In accordance with the present disclosure, the drive mechanism receives signals generated by the workstation 11 to drive the bronchoscope 102 (e.g., extend and retract pull-wires) to ensure navigation of the airways of the lungs and to acquire images from the desired airways and in some instances all the airways of the patient into which the bronchoscope 102 will pass.”).
Regarding claim 7, Prior as modified by Piper above discloses all of the limitations of claim 1 as discussed above.
Prior further discloses wherein the application when executed by the processor outputs signals to the drive mechanism to autonomously articulate the distal portion of the catheter as the catheter is advanced within the luminal network (Prior, Para 103; “the pathway can be employed by the workstation 11 to drive the robotic arm 150 and the drive mechanism 200 to navigate the catheter 103 along the pathway with the clinician merely observing the progress of the catheter 103 to the areas of interest”).
Regarding claim 9, Prior as modified by Piper above discloses all of the limitations of claim 1 as discussed above.
Prior further discloses a handle configured for manual advancement and rotation of the catheter (Prior, Para 102; “For example, a manual, […] catheter 103 may be navigated”) (Prior, Para 62; “The bronchoscope 102 may include one or more pull-wires which can be used to manipulate the distal portion of the catheter. Pull-wire systems are known and used in a variety of settings including manual”).
Regarding claim 10, Prior as modified by Piper above discloses all of the limitations of claim 1 as discussed above.
Prior further discloses wherein the catheter is configured to receive a biopsy or therapy tool (Prior, Para 43; “a working channel 7 remains available for suction, lavage, or the passage of tools including biopsy and therapeutic tools”) (Prior, Para 102; “catheter 103 is substantially the same as bronchoscope 102, with perhaps different imagers 5 and a larger working channel to accommodate biopsy or therapeutic tools”).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Prior and Piper as applied to claim 1 above, and in further view of Bencteux et al. (US20200297434, hereafter Bencteux).
Regarding claim 8, Prior as modified by Piper above discloses all of the limitations of claim 1 as discussed above.
Prior does not clearly and explicitly disclose wherein the drive mechanism is mounted on a rail, and wherein the application, when executed by the processor advances the drive mechanism along the rail to advance the catheter into the luminal network.
In an analogous catheter navigation system field of endeavor Bencteux discloses wherein a drive mechanism is mounted on a rail, and advancing the drive mechanism along the rail to advance a catheter into a patient (Bencteux, Para 15; "A first object of the invention concerns an interaction, in the robot for insertion of an elongate flexible medical instrument, between the drive module and the rail on which it slides, based on a non-motorized linear rail and a motorized drive module.") (Bencteux, Para 16; "To this end, this first object of the invention provides an elongate flexible medical instrument drive system of a robot for insertion of an elongate flexible medical instrument, comprising: an arm, a non-motorized linear rail carried by the arm, and an elongate flexible medical instrument motorized drive module which slides along the linear rail.").
The use of the techniques of using a drive rail to advance a catheter taught by Bencteux in the invention of a catheter would have comprised only application of a known technique to a known device ready for improvement to yield the predictable result of advancing the catheter into the patient; and similar modifications have previously been held to involve only routine skill in the art. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Prior wherein the drive mechanism is mounted on a rail, and wherein the application, when executed by the processor advances the drive mechanism along the rail to advance the catheter into the luminal network in order to advance the medical instrument in a more effective manner that is safer of the patient and more ergonomic for the practitioner as taught by (Bencteux, Para 9-12).
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 John Li whose telephone number is (313)446-4916. The examiner can normally be reached Monday to Thursday; 5:30 AM to 3:30 PM Eastern.
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, Pascal Bui-Pho can be reached at (571) 272-2714. 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.
/JOHN D LI/Primary Examiner, Art Unit 3798
Prosecution Insights