Prosecution Insights
Last updated: May 29, 2026
Application No. 18/681,858

ADJUSTABLE SHUNTING SYSTEMS WITH ENERGY REDIRECTING ELEMENTS, AND ASSOCIATED METHODS AND DEVICES

Non-Final OA §102§103§112
Filed
Feb 06, 2024
Priority
Aug 20, 2021 — nonprovisional of PCTUS2021047013
Examiner
BURNETTE, GABRIELLA E
Art Unit
3781
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Shifamed Holdings LLC
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
1y 2m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
145 granted / 270 resolved
-16.3% vs TC avg
Strong +31% interview lift
Without
With
+30.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
21 currently pending
Career history
290
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
86.1%
+46.1% vs TC avg
§102
6.2%
-33.8% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 270 resolved cases

Office Action

§102 §103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Interpretation The following is a quotation of 35 U.S.C. 112(f): (f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked. As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph: (A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function; (B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and (C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function. Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function. Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function. Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “an actuation element” in claim 1. Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. 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. Claim 1 and depending claims 2-20 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. Claim limitation “an actuation element” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Claim 1 requires an actuator including “an actuation element” or in others words an actuator and an element with the means for or configured to cause the operation of the actuator. Applicant has not supplied an alternative definition; therefore, the plain and ordinary meaning applies to the term actuation which per Merriam- Webster is “bringing into action”. The specification broadly defines “actuation element” to be “a shape memory actuation element” in page 3 and more specifically nitinol in page 6 of applicant’s specification. However, on page 6 “The first actuation element 132ai and the second actuation element 132a2 can be composed at least partially of a shape memory material or alloy (e.g., nitinol).” (Emphasis added by the examiner.) It is still unclear what structure is needed for actuation element. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. Applicant may: (a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph; (b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)). If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either: (a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or (b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181. For the purpose of compact prosecution, the actuation element is being considered a subpart of the actuator and a means for turning the actuator on or off or any range in between. Claim 25 recites the limitation “the shape memory actuator" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim. This is the first instance of the term in the claims. The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-27 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. With regards to independent claim 1 and 21, Applicant’s specification and claims describes how the “energy redirecting element” works (able to transfer energy) and how the “energy redirecting element” interacts with the actuation element without describing what the “energy redirection element” is or its structure. For the process of compact prosecution an “energy redirecting element” is anything that can transfer energy from one part to another part. Depending claims 2-20 and 22-27 are also rejected as they depend from claim 1 and 21 respectively. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-3, 15, 17-22, 24-25, and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Browd et el. US 2018/0028794 A1. With regards to claim 1, Browd discloses an actuation assembly for use with a shunting system (valve device 204 for use with fluid drainage system 100 including catheter 102; figure 2; paragraphs [0024], [0057]), the actuation assembly comprising: an actuator including an actuation element (actuator 360 including a spring 368 as shown in figure 3F used with valve device 204; paragraphs [0057], [0062]); and an energy redirecting element having a first end portion and a second end portion spaced apart from the first end portion (upper portion of actuator 360 having an upper end portion and a lower end portion spaced apart from the upper end portion; figure 3F), the energy redirecting element being configured to transmit energy received at the first end portion toward the second end portion (upper portion of actuator 360 configured to transmit force received at the upper end towards the second end; figure 3F; paragraph [0062]), wherein the second end portion of the energy redirecting element is at least partially aligned with the actuation element such that energy received at the first end portion of the energy redirecting element is transmitted to the actuation element (wherein the lower end portion of upper portion of actuator 360 is aligned with the spring 368 such that force received at the upper end portion of the upper portion of actuator 360 is transmitted to the spring 368; figure 3F; paragraph [0062]). With regards to claim 2, Browd discloses wherein the first end portion of the energy redirecting element is spaced apart from the actuation element (the upper end portion of the upper portion of actuator 360 is spaced apart from the spring 368; figure 3F; [0057], [0062]). With regards to claim 3, Browd further discloses wherein the energy redirecting element includes one or more transmission components, and wherein the one or more transmission components are configured to transmit energy received at the first end portion toward the second end portion (wherein the upper portion of actuator 360 includes sensors 236, and wherein sensors 236 are configured to monitor and signal the amount of force applied by the actuators; paragraph [0050]). With regards to claim 15, Browd further discloses wherein the energy redirecting element has a circular, oval, curved, arcuate, curvilinear, triangular, square, rectangular, parallelogram, serpentine, zig-zag, rectilinear, pentagonal, or hexagonal shape (wherein the upper portion of actuator 360 has a rectangular cross section (shape), figure 3f). With regards to claim 17, Browd further discloses wherein the actuation element is configured to be positioned in a first body region and the energy redirecting element is configured to be positioned in a second body region different than the first body region (wherein the spring 368 is positioned against the catheter 102 and the upper portion of actuator 360 is positioned above the catheter 102 making no contact with the catheter 102; figure 3f). With regards to claim 18, Browd further discloses wherein the energy redirecting element is configured to transmit energy to the second end portion when energy is applied to the first end portion at an incidence angle of between degrees and 70 degrees (wherein the upper portion of actuator 360 transmit a force that is applied directly on top of the actuator 360 (0 degrees) at the upper end portion to the lower end portion causing the actuator to compress onto the catheter 102; figure 3f; paragraph [0065]). With regards to claim 19, Browd further discloses wherein the actuation element is a first actuation element and the energy redirecting element is a first energy redirecting element (wherein the actuators 230a-c of valve device 204 contained in housing 128 as part of drainage system 100 can take the shape of the actuator 360 shown in figure 3f, therefore the spring 368 and upper portion of actuator 360 are considered the first spring and first upper portion of the first actuator 230a, in the series show in figure 2b; figures, 1a-b, 2b, 3f; paragraphs [0056-0057], [0062], [0065]); the actuation assembly further comprising: a second actuation element (wherein the valve device 204 contains a second actuator 230b that can the shape of actuator 360 of figure 3f, wherein the second actuation element is the spring 368 of second actuator 360 in place of 230b; figures, 1a-b, 2b, 3f; paragraphs [0056-0057], [0062], [0065]); and a second energy redirecting element having a third end portion and a fourth end portion (and a second upper portion of actuator 360 having a secondary set of an upper end portion and a lower end portion of actuator 360 further labeled as third upper end portion and forth lower end portion respectively; figures, 1a-b, 2b, 3f; paragraphs [0056-0057], [0062], [0065]); the second energy redirecting element being configured to transmit energy received at the third end portion toward the fourth end portion (second upper portion of actuator 360 is configured to transmit force received at the third upper end towards the fourth lower end; figures, 1a-b, 2b, 3f; paragraphs [0056-0057], [0062], [0065]); wherein the fourth end portion of the energy redirecting element is aligned with the second actuation element such that energy received at the third end portion of the second energy redirecting element is transmitted to the second actuation element. (the second upper portion of actuator 360 is configured to be aligned with the second spring 368 such that force received at the third upper end portion of the second upper portion of actuator 360 is transmitted to the forth lower end portion of the second upper actuator 360 towards the second spring 368; figures, 1a-b, 2b, 3f; paragraphs [0056-0057], [0062]. [0065]). With regards to claim 20, Browd further discloses wherein the first actuation element and the second actuation element are coupled to a control element configured to control the flow of fluid through an inlet of the shunting system (wherein the upper portion of first actuator 360 in place of actuator 230a and the upper portion of second actuator 360 in place of actuator 230b are coupled within the valve device 204 to control the flow of fluid through catheter 102 through an inlet portion 238 towards an outlet portion 240; ; figures, 1a-b, 2b, 3f; paragraphs [0056-0057], [0062], [0065]). With regards to claim 21, Browd discloses a method for selectively controlling fluid flow through a shunting system having an actuator (a method of controlling fluid flow through catheter 102 having actuators 360; 2b, 3f; paragraphs [0056-0057], [0062], [0065]); the method comprising: applying energy to a first end portion of an energy redirecting element; (applying a force at the upper end portion of upper portion of actuator 360; figure 3f; paragraphs [0062], [0065]); redirecting the energy from the first end portion toward a second end portion of the energy redirecting element (directing the force applied at the upper end portion of the upper portion of actuator 360 towards the lower end portion of the upper end portion of actuator 360; figure 3F; paragraph [0062], [0065]); and transmitting the energy from the second end portion to the actuator to drive actuation thereof (the energy applied to the upper end portion of the upper portion of actuator 360 towards the lower end portion of the upper end portion of actuator 360 further compresses the spring 368 causing the downward movement of actuator 360 onto the catheter; figure 3F; paragraph [0062], [0065]). With regards to claim 22, Browd discloses wherein applying the energy includes applying the energy at an incidence angle of between degrees and 70 degrees (wherein the upper portion of actuator 360 transmit a force that is applied directly on top of the actuator 360 (0 degrees) at the upper end portion to the lower end portion causing the actuator to compress onto the catheter 102; figure 3f; paragraph [0065]). With regards to claim 24, Browd further discloses wherein the energy redirecting element includes a transmission component having a first region in the first end portion, and a second region in second end portion, and wherein applying the energy includes applying the energy to the first region of the transmission component (wherein the upper portion of actuator 360 includes sensors 236a placed in a same housing 128 as the actuators, and wherein sensors 236a are configured to monitor and signal the amount of force applied by the actuators; paragraph [0050]). With regards to claim 25, Browd further discloses wherein the second region is aligned with the shape-memory actuator (wherein the actuators placed within the housing 128 are aligned such that when operated, the springs pressing against the catheters are restorative allowing for the actuators to have shape-memory characteristics; figure 3f; paragraph [0065]). With regards to claim 27, Browd further discloses wherein the second end portion of the energy redirecting element is at least partially aligned with the actuator (wherein the lower end portion of the upper portion of actuator 360 is aligned with the actuator 360; figure 3f). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claim(s) 16 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Browd et el. US 2018/0028794 A1. With regards to claim 16 and 23, Browd fails to disclose fails to disclose wherein the energy redirecting element is configured to transmit the energy a distance of at least 5µm between the first end portion and the second end portion. However, Browd does disclose (the actuator 230 which can take the shape of actuators 360 of figure 3f can apply varying forces received from the upper end portion of the upper portion of the actuator 360 to the lower end portion of the upper end portion of actuator 360 to the external surface 112 of the catheter 102 to regulate the body fluid flow rate therein. The contact surface can also vary in length along the axis of the catheter 102 to spread the force of the actuator 230 across the catheter 102. For example, controlling drainage can be accomplished using contact lengths of a few millimeters; 2b, 3f; paragraphs [0048], [0056-0057]. [0062], [0065]) and because the contact length the along the catheter by the actuators is on the scale of millimeters therefore meaning the force is at most traveling an integer amount of millimeters along the actuator towards the catheter exceeding the 5 µm requirement, It would have been obvious to one of ordinary skill in the art at the time of the invention to have modified the actuation assembly of Browd to include wherein the energy redirecting element is configured to transmit the energy a distance of at least 5 µm between the first end portion and the second end portion, in order to provide a short distance in which the force has to travel minimizing risk of extended periods of stress or strain on the system or time delay in response to needed force application. Claim(s) 4, 13-14, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Browd et el. US 2018/0028794 A1 in view of Schultz et al. US 2021/0251806 A1. With regards to claim 4, Browd fails to disclose wherein the one or more transmission components include at least one of the following: i. a prism, ii. a mirror, and/or iii. a reflective surface. Schultz teaches a shunting system (abstract) thereby being in the same field of endeavor as the instant claims wherein the one or more transmission components include at least one of the following: i. a prism, ii. a mirror, and/or iii. a reflective surface (wherein the one or more transmission regions 756a,b can have a lower absorbance than the surrounding structure such that energy e.g., light, laser energy, etc. can pass through the transmission region with relatively less absorbance or deflection. In some embodiments, the transmission regions 756 can be a different material and / or different properties than the surrounding structure, meaning that the regions are configured to include items such as mirrors, prisms, or other refractive and reflective materials that allow light or laser energy to transmit through it and interact with; paragraph [0097]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the actuation assembly of Washington to include wherein the one or more transmission components include at least one of the following: i. a prism, ii. a mirror, and/or iii. a reflective surface, as taught by Schultz, in order to gain the advantages of having a material that acts as a waveguide to direct any sort of electromagnetic wave/energy to the correct location using basic optical systems. With regards to claim 13, Browd fails to disclose wherein the transmission component is positioned within an interior of the energy redirecting element. Schultz teaches a shunting system (abstract) thereby being in the same field of endeavor as the instant claims wherein the transmission component is positioned within an interior of the energy redirecting element (wherein the transmission region 756a is positioned within an interior of a drainage element 750; figures 7a-b). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the actuation assembly of Browd to include wherein the transmission component is positioned within an interior of the energy redirecting element, as taught by Schultz, in order to gain the advantages of having internal transport to minimize effect from out-of-system factors. With regards to claim 14, Browd fails to disclose fails to disclose wherein the energy redirecting element is configured to transmit laser energy. Schultz teaches a shunting system (abstract) thereby being in the same field of endeavor as the instant claims wherein the energy redirecting element is configured to transmit laser energy (the transmission regions 756 can have a lower absorbance than the surrounding structure such that laser energy can pass through the transmission; paragraph [0097]). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the actuation assembly of Browd to include wherein the energy redirecting element is configured to transmit laser energy as taught by Schultz, in order to gain the advantages of, having an effective energy used for heating and stimuli to transmit through the system. With regards to claim 26, Browd fails to disclose wherein the first end portion of the energy redirecting element is accessible via line-of-sight, and wherein the second end portion of the energy redirecting element is inaccessible via line-of-sight. Schultz teaches a shunting system (abstract) thereby being in the same field of endeavor as the instant claims wherein the first end portion of the energy redirecting element is accessible via line-of-sight, and wherein the second end portion of the energy redirecting element is inaccessible via line-of-sight (wherein the transmission regions 756 of the drainage device 750 is accessible and open for transmitting light wherein the port 734a connected to the channel 752a of the drainage device 750 is inaccessible due to the semi-flexible outer structure 753 covering the region; figure 7a-b; paragraphs [0092], [0097-0099]) It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the actuation assembly of Browd to include wherein the first end portion of the energy redirecting element is accessible via line-of-sight, and wherein the second end portion of the energy redirecting element is inaccessible via line-of-sight, as taught by Schultz, in order to gain the advantages of having one area in which energy can enter into the system, such that there is minimal to no possibilities of sending energy into the wrong opening. Allowable Subject Matter Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) and (a) as set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claims 6-12 which depend from 5 would also be allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to GABRIELLA E BURNETTE whose telephone number is (571)272-9574. The examiner can normally be reached M-S: 0830-1900 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at (571) 270-5879. 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. /GABRIELLA E BURNETTE/Examiner, Art Unit 3781 /REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
Read full office action

Prosecution Timeline

Feb 06, 2024
Application Filed
Mar 30, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12622814
LEAK-RESISTANT BANDAGE SYSTEMS AND METHODS WITH HYDROPHILIC FOAM WOUND INSERT FOR FLUID-INSTILLATION AND/OR NEGATIVE-PRESSURE WOUND THERAPIES
5y 4m to grant Granted May 12, 2026
Patent 12622802
APPARATUS AND METHOD OF USING A UROSTOMY BELT
2y 5m to grant Granted May 12, 2026
Patent 12616603
Sensor Patch for Attachment to a Base Plate
4y 6m to grant Granted May 05, 2026
Patent 12599512
Feminine Napkin Assembly
4y 2m to grant Granted Apr 14, 2026
Patent 12551375
BIOFLUID SHUNT VALVE WITH SHEATH AND MONITORING DEVICE
4y 3m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
84%
With Interview (+30.6%)
3y 6m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 270 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month