Contract analysis

I. INTRODUCTION AND BASIS FOR PETITION Solstice Biomedical Devices Ltd. ("Applicant"), by and through undersigned counsel Peter Vassiliev (USPTO Reg. No. 72,340) of Calderwood & Harkness LLP, 600 Lexington Avenue, 22nd Floor, New York, NY 10022, respectfully petitions the Commissioner for Patents to revive the above-identified application pursuant to 37 C.F.R. § 1.137(a). The above-referenced application became aband

II. BACKGROUND OF THE APPLICATION U.S. Application No. 17/702,489 (the "Application" or the "'489 Application") was filed on March 23, 2022, as a continuation of U.S. Patent Application No. 16/914,337, which was filed on June 28, 2021. The parent application, U.S. 16/914,337, was examined and subsequently issued as U.S. Patent No. 11,284,561 on March 22, 2022. The present Application claims priority to and the benefi

III. PROSECUTION HISTORY LEADING TO ABANDONMENT The Application was examined in the ordinary course of prosecution by Primary Examiner James R. Dougherty, under the supervision of Supervisory Patent Examiner Linda M. Kowalski, in Art Unit 3794 of the Technology Center 3700, which handles applications relating to surgery and medical instruments. On April 10, 2023, the USPTO mailed an Examiner's Amendment and Notice of

IV. STATEMENT OF FACTS EXPLAINING THE DELAY While 37 C.F.R. § 1.137(a) does not require a showing of the specific facts or circumstances underlying the unintentional delay, Applicant provides the following factual background in support of this petition and to provide context for the Office's consideration. A. The FROST-AF Pivotal Clinical Trial Failure Solstice Biomedical Devices Ltd. is an Irish-headquartered privat

V. REQUIRED STATEMENT UNDER 37 C.F.R. § 1.137(a) Applicant hereby states, as required by 37 C.F.R. § 1.137(a), that the entire delay in filing the required reply from the date such reply was due to the filing of a grantable petition pursuant to this section was unintentional. Specifically, the entire delay in payment of the issue fee from the due date of July 10, 2023, to the filing of this petition was unintentional

VI. REPLY — PAYMENT OF ISSUE FEE Concurrently with this petition, Applicant submits the required issue fee in the amount of $540.00, calculated at the small-entity rate pursuant to 37 C.F.R. § 1.18(a) and 37 C.F.R. § 1.27. This payment constitutes the "required reply" that was outstanding at the time the Application became abandoned, and its submission herewith satisfies the requirement of 37 C.F.R. § 1.137(a) that t

VII. PETITION FEE In accordance with 37 C.F.R. § 1.17(m), the required petition fee for revival of an application abandoned unintentionally under 37 C.F.R. § 1.137(a) is $1,050.00 at the small-entity rate. This fee is submitted concurrently with this petition. Applicant respectfully submits that the payment of this petition fee, together with the issue fee and the statement of unintentional delay set forth herein, sa

VIII. FEE TRANSMITTAL SUMMARY The following government fees are submitted concurrently with this petition: Method of Payment: To be determined upon client authorization — payment will be made via USPTO Deposit Account, credit card authorization (Form PTO-2038), or electronic funds transfer (EFT) via USPTO Patent Center. Authorization to Charge Additional Fees: The Commissioner is hereby authorized to charge any addit

IX. ENTITY SIZE CONFIRMATION Applicant hereby reaffirms its status as a small entity under 37 C.F.R. § 1.27 for purposes of the fees submitted in connection with this petition and the issuance of the patent. Solstice Biomedical Devices Ltd. is a private limited company incorporated under the laws of Ireland and registered with the Companies Registration Office of Ireland under CRO No. 647832. As of December 31, 2023,

X. POWER OF ATTORNEY AND CORRESPONDENCE INFORMATION This petition is filed by Peter Vassiliev (Reg. No. 72,340), an attorney registered to practice before the United States Patent and Trademark Office, of Calderwood & Harkness LLP. The existing power of attorney on file for this Application, naming Calderwood & Harkness LLP and its registered practitioners as attorneys of record, remains in full force and effect and

XI. REQUEST FOR RELIEF Applicant respectfully requests that the Commissioner for Patents grant the following relief:

1. Grant this Petition to Revive under 37 C.F.R. § 1.137(a), thereby reviving U.S. Application No. 17/702,489 from its abandoned status and restoring the Application to active status before the Office;

2. Accept the issue fee of $540.00 (small-entity rate) submitted herewith as the required reply, completing the outstanding obligation under the Notice of Allowance mailed April 10, 2023;

3. Proceed with issuance of the patent on U.S. Application No. 17/702,489 in due course, in accordance with the Notice of Allowance and 35 U.S.C. § 151; and

4. Charge the petition fee of $1,050.00 (small-entity rate) and any additional required fees to the designated deposit account of Calderwood & Harkness LLP, as authorized herein.

XII. CONCLUSION For the foregoing reasons, Applicant respectfully submits that all requirements for revival of this Application under 37 C.F.R. § 1.137(a) have been satisfied, including: (a) The required reply — i.e., payment of the issue fee in the amount of $540.00 (small entity) — is submitted concurrently herewith; (b) The petition fee in the amount of $1,050.00 (small entity) is submitted concurrently herewith;

1. Petition to Revive an Application Pursuant to 37 C.F.R. § 1.137(a)

2. Issue Fee Payment (PTOL-85B or equivalent electronic submission) — $540.00 (small entity)

3. Petition Fee Payment — $1,050.00 (small entity)

4. Fee Authorization and Deposit Account Charge Authorization ________________________________________ Peter Vassiliev Registered Patent Attorney Registration No. 72,340 Calderwood & Harkness LLP Date: ________ RELATED PENDING APPLICATIONS — CRYONOVA PATENT FAMILY (For Internal Reference Only) The following applications and patents are related to U.S. Application No. 17/702,489 and are part of the CryoNova patent fam