Detailed Action
This is the final office action for US application number 18/969,046. Claims are evaluated as filed on December 4, 2025.
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 Arguments
Applicant's arguments filed December 4, 2025 have been fully considered but they are not persuasive. The rejections in this office action have been amended to address the amended claims. Examiner asserts that Lee, Briggs, Hoegerle, and Judet teach all the newly-amended limitations and are capable of performing the functions as claimed. Examiner directs Applicant to the rejection below for a more in-depth description of the limitations.
With regards to Applicant’s argument that the amendments to claim 1 overcome Lee and Judet (Remarks p. 7-8), Examiner agrees that the amendments to claim 1 overcome the rejection under 35 USC 102 on the grounds of each of Lee and Judet. As detailed in the rejection below, the instant claims read on a combination of Lee, Briggs, Hoegerle, and Judet under 35 USC 103.
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: “a primary fixation element” in claim 1 line 2.
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.
Claim Objections
Claim(s) 1 is/are objected to because of the following informalities:
Claim 1 line 5 should read “the at least one positioning screw; [[and]]”.
Claim 1 line 8 should read “supplemental screw;”.
Claim 1 line 11 should read “and the at least one supplemental screw; and”.
Appropriate correction is required.
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.
Claim(s) 1, 3, 5, 7, 9-12, 15-17, 19, and 23 is/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 pre-AIA the applicant regards as the invention.
Claim(s) 1 recites/recite the limitation "the at least one of the cannulated barrels" in line 12. There is insufficient antecedent basis for this limitation in the claim. Further, claim(s) 1 is/are unclear with regards to “at least one of the cannulated barrels through which the primary fixation element is inserted is of a larger diameter” in lines 12-13 as there are no claim limitations provided of inserting the primary fixation element. Examiner is interpreting this as referring to, and suggests amending as, “wherein a primary barrel of the plurality of cannulated barrels is configured to receive the primary fixation element, wherein the primary barrel more centrally than at least two supplementary barrels of the plurality of cannulated barrels.”.
Claim(s) 9 is/are unclear with regards to “a cannulated barrel of the plurality of cannulated barrels configured to receive the primary fixation element, is further configured with a geometry to prevent rotation.” in lines 1-3 and if this cannulated barrel of the plurality of cannulated barrels is in addition to the one that is claimed to be inserted in claim 1 line 12-13 or in reference to said “one”. Examiner is interpreting this as referring to, and suggests amending as, “wherein the primary barrel
Claim(s) 10 recites/recite the limitation "the primary fixation device" in line 2. There is insufficient antecedent basis for this limitation in the claim. Further, claim(s) 10 is/are unclear with regards to “a cannulated barrel of the plurality of cannulated barrels configured to receive the primary fixation device” in lines 1-3 and if this cannulated barrel of the plurality of cannulated barrels is in addition to the one that is claimed to be inserted in claim 1 line 12-13 or in reference to said “one”. Examiner is interpreting this as referring to, and suggests amending as, “wherein the primary barrel
Claim(s) 11 is/are unclear with regards to “a cannulated barrel of the plurality of cannulated barrels configured to receive the primary fixation element” in lines 1-3 and if this cannulated barrel of the plurality of cannulated barrels is in addition to the one that is claimed to be inserted in claim 1 line 12-13 or in reference to said “one”. Examiner is interpreting this as referring to, and suggests amending as, “wherein the primary barrel
Claim(s) 11 recites/recite the limitation "the primary fixation device" in line 4. There is insufficient antecedent basis for this limitation in the claim. Examiner is interpreting this as referring to, and suggests amending as, “the primary fixation element” in line 3.
Claim(s) 15 is/are unclear with regards to “a cannulated barrel of the plurality of cannulated barrels to configured to receive the supplemental screw” in lines 1-3 and if this cannulated barrel of the plurality of cannulated barrels is in addition to the “at least two” that is claimed to be inserted in claim 1 line 12-13 or in reference to said the “at least two”. Examiner is interpreting this as referring to, and suggests amending as, “wherein the at least two supplementary barrels are at least one supplemental fixation screw is positioned for fixation across a fracture.”.
Claim(s) 3, 5, 7, 12, 16, 17, 19, and 23 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, for its/their dependence on one or more rejected base claims.
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 of this title, 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(s) 1, 3, 5, 7, 10-12, 15, 19, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2013/0096630, hereinafter “Lee”) in view of Briggs (US 2,621,653) and Hoegerle et al. (US 2008/0119855, hereinafter Hoegerle”).
As to claim 1, Lee discloses a device (30, Fig. 4) capable of bone fracture fixation (¶s 8 and 21 discloses bone fracture fixation) comprising: a plate (32), a primary fixation element (44), at least one supplemental screw (upper 36s as shown in Fig. 4, Fig. 4, ¶21), and at least one positioning screw (lower 36s as shown in Fig. 4, Fig. 4, ¶21); wherein the plate tapers at an end (Fig. 4) and is further configured with at least one hole (321s) capable of receiving the at least one positioning screw (Fig. 4, ¶21); and wherein the plate is capable of conforming to a bone for fixation (Fig. 4, ¶16, 17, 20, and 21, i.e. shown in Fig. 2 for an alternate embodiment), capable of insertion without open exposure of a fracture site (in as much as Applicant’s, Fig. 4), and capable of receiving the primary fixation element and the at least one supplemental screw (Fig. 4, ¶21), wherein the plate comprises at least two threaded supplemental holes (321s/121s for 36s/16s shown having threads in Fig. 4, e.g. “first inner threads 122” of ¶18, Fig. 4, ¶s 18 and 20; where ¶20 discloses substantial similarity to the first embodiment, i.e. of Figs. 1-3) capable of receiving the at least one supplemental screw (Figs. 3 and 4, ¶s 18 and 20), the plate further comprising a primary hole (324, 321, Fig. 4) capable of receiving the primary fixation element (Fig. 4, ¶21), wherein the primary hole is inserted is of a larger diameter (Fig. 4) and positioned more centrally than the at least two threaded supplemental holes (Fig. 4). As to claim 3, Lee discloses that the bone that the plate is capable of conforming to is a calcar of a femur (Fig. 4, ¶8) and the device is further capable of affixing in a pertrochanteric region (Fig. 4, ¶8). As to claim 5, Lee discloses that the primary fixation element is capable of terminating within a distance to an end of the bone (Fig. 4, ¶21). As to claim 7, Lee discloses that the primary fixation element is capable of preventing rotation (due to the generally triangular shape, Fig. 4). As to claim 10, Lee discloses that the device is capable of being positioned proximal to a calcar (Fig. 4, ¶8). As to claim 11, Lee discloses that the device is further capable of preventing caudal displacement of a femoral head and femoral neck after insertion of the primary fixation device (Fig. 4, ¶8). As to claim 12, Lee discloses that at least one of the at least one supplemental screws and the at least one positioning screws comprises a locking or nonlocking bone screw (as defined, Fig. 4, ¶21). As to claim 15, Lee discloses that the at least one supplemental screw are further capable of being angulated to be positioned capable of fixation across a fracture (Fig. 4). As to claim 19, Lee discloses that the device is configured so that a fracture cannot compress more than a set distance once the device is affixed (due to the screws connecting to both plate 32 and plate 34 as disclosed in ¶21, Fig. 4, ¶21). As to claim 23, Lee discloses that the primary fixation element is capable of coupling to a jig (due to the shape of 441, Fig. 4) capable of use for alignment and insertion (if one so chooses to use such a jig, Fig. 4).
Lee is silent to the primary hole and the at least two threaded supplemental holes configured with a plurality of cannulated barrels that extend distally and the plurality of cannulated barrels are configured to receive the primary fixation element and the at least one supplemental screw. As to claim 9, Lee is silent to the primary barrel is further configured with a geometry to prevent rotation. As to claim 10, Lee is silent to the primary barrel is further configured to be angulated. As to claim 15, Lee is silent to the at least two supplementary barrels are further configured to be angulated so that the at least one supplemental fixation screw is positioned for fixation across a fracture.
Briggs teaches a similar device (Figs. 3, 5, 7, and 8) capable of bone fracture fixation (Fig. 3, col. 3lines 39-43 and 59-61) comprising: a plate (19), a primary fixation element (16), at least one supplemental screw (upper 21s as shown in Fig. 3, Fig. 3), and at least one positioning screw (lower 21s as shown in Fig. 3, Fig. 3); wherein the plate is further configured with at least one hole (20s) capable of receiving the at least one positioning screw (Fig. 3); wherein the plate is capable of conforming to a bone for fixation (col. 3 lines 21-22), capable of insertion without open exposure of a fracture site (in as much as Applicant’s, Fig. 3), and capable of receiving the primary fixation element and the at least one supplemental screw (Fig. 3); wherein the plate is further configured with a cannulated barrel (17) that extends distally (Fig. 3) and the cannulated barrel is capable of receiving the primary fixation element (Fig. 3); and the cannulated barrel is a primary barrel (Fig. 3) that is capable of receiving the primary fixation element (Fig. 3), wherein the primary barrel is inserted is of a larger diameter than at least two of positioning screws (Figs. 3, 5, 7, and 8). As to claim 9, Briggs teaches that the primary barrel is further configured with a geometry to prevent rotation (Fig. 7, col. 4 lines 42-57). As to claim 10, Briggs teaches that the primary barrel is further capable of being angulated (Fig. 3, co.. 3 lines 60-65) and positioned proximal to a calcar (Fig. 3). As to claim 11, Briggs teaches that the primary barrel is further capable of preventing caudal displacement of a femoral head and femoral neck after insertion of the primary fixation element (Fig. 3).
Hoegerle teaches a similar device (Figs. 1-3) capable of bone fracture fixation (Fig. 1) comprising: a plate (3), a primary fixation element (7 of the lower right 5 as shown in Fig. 2, Fig. 2, ¶22), at least one supplemental screw (7s, Figs. 1-3, ¶22), and at least one positioning screw (4s, Fig. 1, ¶22); wherein the plate tapers at an end (Fig. 2) and is further configured with at least one hole (Figs. 1 and 2, ¶30) capable of receiving the at least one positioning screw (Figs. 1 and 2, ¶30); wherein the plate is capable of conforming to a bone for fixation (Fig. 1), capable of insertion without open exposure of a fracture site (in as much as Applicant’s, Fig. 1), and capable of receiving the primary fixation element and the at least one supplemental screw (Fig. 1); wherein the plate is further configured with a plurality of cannulated barrels (6s, Figs. 1 and 2, ¶s 22 and 23) that extend distally (Fig. 1) and the plurality of cannulated barrels are capable of receiving the primary fixation element (, Figs. 1 and 2, ¶s 22 and 23) and the at least one supplemental screw (Figs. 1 and 2, ¶s 22 and 23); and a primary barrel of the plurality of cannulated barrels (Fig. 1, ¶s 22 and 23) capable of receiving the primary fixation element (Fig. 1, ¶s 22 and 23), wherein the primary barrel is positioned more centrally than at least two of the plurality of cannulated barrels (as defined, Figs. 1 and 2); wherein the plate comprises at least two threaded supplemental holes (upper 5s and lower left 5 as shown in Fig. 2, Fig. 2, ¶22) capable of receiving the at least one supplemental screw (Figs. 1 and 2, ¶s 22 and 23), the plate further comprising a primary hole (324, 321, Fig. 4) capable of receiving the primary fixation element (lower right 5 as shown in Fig. 2, Fig. 2, ¶22). As to claim 15, Hoegerle teaches that the at least two supplementary barrels are further capable of being angulated (Figs. 1 and 2) so that the at least one supplemental fixation screw is positioned for fixation across a fracture (Fig. 1). As to claim 19, Hoegerle teaches that that the device is configured so that a fracture cannot compress more than a set distance once the device is affixed (due annular step 11 and thread 15 as disclosed in ¶25, Figs. 1 and 2, ¶25).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the plate portion of the primary hole as disclosed by Lee with by adding a primary barrel configured to receive the primary fixation element as taught by Briggs in order to enclose a portion of the primary fixation element (col. 3 lines 6-10), effect a strong gripping action (col. 4 lines 13-16), and prevent rotation of a proximal bone fragment (col. 4 lines 42-57). One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify the at least two threaded supplemental holes as disclosed by Lee with by adding a plurality of cannulated barrels configured to receive the at least one supplemental screw as taught by Hoegerle in order to secure two bone fragments relative to one another (¶s 30 and 31) while permitting a first bone fragment to be moved slightly in the direction towards a second bone fragment when the bone is stressed so that growth of the bone can be stimulated as a result of this slight movement and the additional stressing connected therewith in the contact area of the two bone fragments (Hoegerle ¶31).
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, Briggs, and Hoegerle in view of Judet et al. (US 5,591,168, hereinafter “Judet”).
As to claim 16, the combination of Lee, Briggs, and Hoegerle discloses invention of claim 1 as well as the tapered end of the plate is capable of being contoured to match the bone (Figs. 2-4, ¶20 discloses substantially similar construction with the first embodiment of Figs. 1-3).
The combination of Lee, Briggs, and Hoegerle is silent to the plate is malleable, the plate is silent to material properties of the plate.
Judet teaches a similar device (Figs. 1-5) capable of bone fracture fixation (Fig. 3, abstract) comprising: a plate (1a), a primary fixation element (lower 3 as shown in Fig. 3, Fig. 3), at least one supplemental screw (upper 3 as shown in Fig. 3, Fig. 3), and at least one positioning screw (“screw” of col. 3 line 9 for positioning within 1b as shown in Fig. 3, Fig. 3, col. 2 lines 3-4, col. 3 lines 7-10); wherein the plate tapers at an end (Fig. 3) and is further configured with at least one hole (1bs) capable of receiving the at least one positioning screw (Fig. 3, col. 2 lines 3-4, col. 3 lines 7-10); and wherein the plate is capable of conforming to a bone for fixation (Fig. 3, col. 2 lines 5-8), capable of use for insertion without open exposure of a fracture site (in as much as Applicant’s, Fig. 3), and capable of receiving the primary fixation element and the at least one supplemental screw (Fig. 3); wherein the plate is further configured with a plurality of cannulated barrels (1ds, Figs. 1-3, col. 2 lines 9-11) that extend distally (Figs. 1-3) and the plurality of cannulated barrels are capable of receiving the primary fixation element and the at least one supplemental screw (Fig. 3), wherein the primary barrel is positioned more centrally than at least one of the plurality of cannulated barrels (as defined, Fig. 3); wherein the bone that the plate is capable of conforming to is a calcar of a femur (Fig. 3) and the device is further capable of affixing in a pertrochanteric region (Fig. 3); the primary fixation element is capable of terminating within a distance to an end of the bone (Fig. 3); the plurality of cannulated barrels is capable of receiving the primary fixation element (Fig. 3) and is further capable of being angulated and positioned proximal to a calcar (Fig. 3); the plurality of cannulated barrels capable of receiving the supplemental screw (Fig. 3) and is further capable of being angulated so that the supplemental fixation screw is positioned capable of fixation across a fracture (Fig. 3); wherein the plate is malleable (col. 3 lines 20-22 disclose construction of stainless steel or any other bio-compatible material performing a perfect function and safety) and the tapered end of the plate is capable of being contoured to match the bone (Fig. 3, col. 3 lines 20-22).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify the material of the plate as disclosed by the combination of Lee, Briggs, and Hoegerle to be malleable as taught by Judet in order to select a known material construction of stainless steel or any other bio-compatible material performing a perfect function and safety (Judet col. 3 lines 20-22) so that appropriate plate portions are correctly located on the bone epiphysis (Lee Figs. 2-4, ¶s 16 and 20; where ¶20 discloses substantially similar construction with the first embodiment of Figs. 1-3).
As to claim 17, the combination of Lee, Briggs, and Hoegerle discloses invention of claim 1 as well as the plate is capable of angulation of the plurality of cannulated barrels (Lee Figs. 2-4, ¶20 discloses substantially similar construction with the first embodiment of Figs. 1-3; Briggs Figs. 3; Hoegerle Figs. 1 and 2).
The combination of Lee, Briggs, and Hoegerle is silent to the plate is malleable, the plate is silent to material properties of the plate.
Judet teaches a similar device (Figs. 1-5) capable of bone fracture fixation (Fig. 3, abstract) comprising: a plate (1a), a primary fixation element (lower 3 as shown in Fig. 3, Fig. 3), at least one supplemental screw (upper 3 as shown in Fig. 3, Fig. 3), and at least one positioning screw (“screw” of col. 3 line 9 for positioning within 1b as shown in Fig. 3, Fig. 3, col. 2 lines 3-4, col. 3 lines 7-10); wherein the plate tapers at an end (Fig. 3) and is further configured with at least one hole (1bs) capable of receiving the at least one positioning screw (Fig. 3, col. 2 lines 3-4, col. 3 lines 7-10); and wherein the plate is capable of conforming to a bone for fixation (Fig. 3, col. 2 lines 5-8), capable of use for insertion without open exposure of a fracture site (in as much as Applicant’s, Fig. 3), and capable of receiving the primary fixation element and the at least one supplemental screw (Fig. 3); wherein the plate is further configured with a plurality of cannulated barrels (1ds, Figs. 1-3, col. 2 lines 9-11) that extend distally (Figs. 1-3) and the plurality of cannulated barrels are capable of receiving the primary fixation element and the at least one supplemental screw (Fig. 3), wherein the primary barrel is positioned more centrally than at least one of the plurality of cannulated barrels (as defined, Fig. 3); wherein the bone that the plate is capable of conforming to is a calcar of a femur (Fig. 3) and the device is further capable of affixing in a pertrochanteric region (Fig. 3); the primary fixation element is capable of terminating within a distance to an end of the bone (Fig. 3); the plurality of cannulated barrels is capable of receiving the primary fixation element (Fig. 3) and is further capable of being angulated and positioned proximal to a calcar (Fig. 3); the plurality of cannulated barrels capable of receiving the supplemental screw (Fig. 3) and is further capable of being angulated so that the supplemental fixation screw is positioned capable of fixation across a fracture (Fig. 3); wherein the plate is malleable (col. 3 lines 20-22 disclose construction of stainless steel or any other bio-compatible material performing a perfect function and safety) and capable of angulation of the plurality of cannulated barrels (Fig. 3).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to specify the material of the plate as disclosed by the combination of Lee, Briggs, and Hoegerle to be malleable as taught by Judet in order to select a known material construction of stainless steel or any other bio-compatible material performing a perfect function and safety (Judet col. 3 lines 20-22) so that appropriate plate portions are correctly located on the bone epiphysis (Lee Figs. 2-4, ¶s 16 and 20; where ¶20 discloses substantially similar construction with the first embodiment of Figs. 1-3).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY SIPP whose telephone number is (313)446-6553. The examiner can normally be reached on Monday through Thursday, 6:30am-4pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Truong can be reached on 571-272-4705. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMY R SIPP/Primary Examiner, Art Unit 3775