Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED OFFICE ACTION
This Office Action is in response to the papers filed on 27 October 2025.
CLAIMS UNDER EXAMINATION
Claims 39-78 are pending. Claims 39-40, 44-51 and 53-78 have been examined on their
merits.
PRIORITY
The Applicant claims priority to Provisional Application 61/266661 filed on 04 December 2009. The Provisional Application provides support for the following:
IL7 5-20 ng/ml (page 9, line 17; page 10, line 3; page 12, line 3; page 13, lines 6 and 15). PCTUS2010058593 and 13,512795 provide support for the following:
“about 5-20 ng/ml” IL7 (page 2, line 17; page 3, line 4); “5-20 ng/ml” IL7 (page 10, line 29; page 11, line 8) and 1-20 µg/ml (page 13, line 12; page 15, lines 12-13). 14/465533 provides support for the following: “about 5-20 ng/ml” IL7 (page 2, line 17; page 3, line 4), “5-20 ng/ml” IL7 (page 10, line 29; page 11, line 8), 1-20 µg/ml (page 13, line 12; page 15, lines 12-13). The Instant application provide support for the following:
“about 5-20 ng/ml” IL7 (page 2, line 17; page 3, line 4), “5-20 ng/ml” IL7 (page 10, line 29; page 11, line 8) and 1-20 µg/ml (page 13, line 12; page 15, lines 12-13).
None of the disclosures provide support “at least 5 ng/ml” IL7.
The earliest support for this limitation is the claims filed on 27 October 2025.
WITHDRAWN REJECTIONS
The previous rejections have been withdrawn due to claim amendment.
NEW REJECTIONS
New grounds of rejection have been necessitated by claim amendment.
Claim Rejections - 35 USC § 112
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 39-40, 44-51 and 53-78 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 claims contain 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 pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
The independent claims have been amended to recite at least 5 ng/ml IL7. This includes all possible concentrations above 5 ng/ml. The specification discloses “about 5-20 ng/ml” IL7 (page 2, line 17; page 3, line 4), “5-20 ng/ml” IL7 (page 10, line 29; page 11, line 8) and 1-20 µg/ml (page 13, line 12; page 15, lines 12-13). It does not provide support for the claimed range.
Claim 45 has been amended to recite the method further comprises a second step comprising culturing “the product of the previous step” in a culture medium comprising at least one of IL7, IL15, SCF and FL. The method step in the base claim only recites a human NK cell is produced. Therefore claim 45 is interpreted to mean the NK cell produced in the base claim is cultured in the second medium.
The specification discloses a hemangioblast is cultured in a mixture comprising IL7, IL3, SCF and FL3, harvesting the cultured cells, and culturing the harvested cells in a second mixture comprising IL7, IL15, SCF and FL to generate NK cells (page 2, lines 17-20). It does not provide support for a second step comprising culturing NK cells in a medium comprising at least one of IL7, IL15, SCF and FL.
Claim 60 recites the method further comprises “culturing the product of step b” in a culture media comprising IL7, IL15, SCF and FL . Base claim 54 recites an NK cell is produced in step (b). Therefore claim 60 is interpreted to mean the NK cell produced in the base claim is cultured in the second medium.
The specification discloses a hemangioblast is cultured in a mixture comprising IL7, IL3, SCF and FL3, harvesting the cultured cells, and culturing the harvested cells in a second mixture comprising IL7, IL15, SCF and FL to generate NK cells (page 2, lines 17-20). It does not provide support for a second step comprising culturing NK cells in a second medium comprising IL7, IL15, SCF and FL.
The recited limitations are not supported by the original disclosure, and are considered new matter.
An amendment to the claims or the addition of a new claim must be supported by the description of the invention in the application as filed. In re Wright, 866 F.2d 422, 9 USPQ2d 1649 (Fed. Cir. 1989). Applicant is required to cancel the new matter in the reply to this Office Action. All dependent claims are included in this rejection.
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 45-46 and 60 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 45 recites a second step of “culturing the product of the previous step” under feeder free conditions. The base claim recites an NK cell is produced. It is unclear if the NK cells in the base claim are “the product” recited in claim 45. If the claim means differentiated NK cells are cultured in a second step, there is a lack of written description. In the interest of compact prosecution, the claim has been rejected under 35 USC 112a. Appropriate correction is required. Dependent claim 46 is included in this rejection.
Claim 60 recites the method further comprises “culturing the product of step b” under feeder free conditions. The base claim recites an NK cell is produced. It is unclear if the NK cells in the base claim are “the product” recited in claim 60. If the claim means differentiated NK cells are further cultured in a differentiation medium comprising IL7, IL15, SCF and FL, there is a lack of written description. In the interest of compact prosecution, the claim has been rejected under 35 USC 112a. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 39-40, 44-51, 53-68 and 75-78 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lanza et al. (previously cited; Hemangio-colony forming cells. US20080014180 17 January 2008) in view of Woll et al. (Human Embryonic Stem Cell-Derived NK Cells Acquire Functional Receptors and Cytolytic Activity. J Immunol 2005; 175, 5095-5103) and Sivori et al. (previously cited; Early expression of triggering receptors and regulatory role of 2B4 in human natural killer cell precursors undergoing in vitro differentiation. PNAS 2002 Vol. 99(7) 4526-4531).
Lanza et al. teach methods for generating and expanding hemangioblasts ([0001] [0257]). To produce cells of a hematopoietic lineage, Lanza teaches human hemangioblast colonies can be cultured in a medium comprising SCF, TPO, FL, IL-3 (e.g., 20 ng/ml), VEGF (e.g., 20 ng/ml), BMP-4 (e.g., 15 ng/ml), IL-6, IGF-1, ECGS and Epo ([0212]). It is noted the media does not contain feeder cells.
Lanza also identifies interleukin-7 as a differentiation agent that can be used ([0345]).
Lanza also teaches the following:
Hemangioblasts are capable of differentiating to hematopoietic cell types or endothelial cell types ([0257]). Lanza discloses human hemangioblasts can be differentiated to produce lymphocytes (a type of hematopoietic cell) ([0279]). A cell that is able to produce a lymphocyte is interpreted to be a lymphoid progenitor. It is noted the art teaches generating and expanding human hemangioblasts from human embryonic stem cells in which no serum is used ([0205] [0245]).
Lanza differentiates a human hemangioblast in a culture medium comprising IL3 (20 ng/ml), SCF and Flt3 to produce a hematopoietic cell.
Lanza teaches IL-7 can be used as a differentiation agent.
Lanza teaches lymphocytes (a hematopoietic cell) can be generated.
The deficiencies of Lanza are:
Lanza does not explicitly teach a NK lymphocyte (i.e., a type of hematopoietic cell) is produced using a medium comprising IL7, IL3 and at least one of SCF or FLt3.
Lanza does not teach the claimed amount of IL7.
Woll teaches a method of generating NK cells in vitro. Human hemopoietic precursor cells are cultured on a monolayer of AFT024 cells (stroma cells) and cocultured in medium comprising 10 ng/ml IL-15, 5 ng/ml IL-3 , 20 ng/ml IL-7, 20 ng/ml stem cell factor (SCF), and 10 ng/ml Flt3 ligand (Flt3L). Medium containing fresh cytokines was changed weekly with the exception of IL-3 which was only included for the first week of culture. Wells were harvested after 7–50 days of NK cell culture. (See page 5096, left column “In Vitro generation of NK cells”)
Sivori et al. “the requirement for stroma could be bypassed when NK cell progenitors were cultured in the presence of a mixture of cytokines including IL-15, IL-3, FLt3-L (FL) and stem cell factor (SCF)” (See page 4526, right column, first paragraph).
It would have been obvious to try culturing the human hemangioblasts taught by Lanza in a medium comprising the cytokines taught by Woll. Lanza teaches human hemangioblasts can be differentiated to produce hematopoietic lymphocytic cells using feeder free conditions. One would have been motivated to hemangioblasts in a mixture of IL3 (5 ng/ml), IL7 (20 ng/ml), SCF and Flt3 to produce NK lymphocytes. While Woll teaches stroma (feeder) conditions, one would have had a reasonable expectation of success since Sivori explicitly teaches the requirement for stroma can be bypassed when NK cell progenitors are cultured in the presence of the same cytokines taught by Woll. Therefore claim 39 is rendered obvious.
Lanza teaches serum free liquid culture media for generating hematopoietic cells (supra, [0291]). Woll teaches the disclosed cytokines are in a liquid media (DMEM:Ham) (see page 5096, left column, “In vitro generation of NK cells”). Therefore claim 40 is included in this rejection.
The media taught by Woll comprises IL-15 (supra). Claim 44 is included in this rejection.
Woll teaches medium containing fresh cytokines was changed weekly with the exception of IL-3 which was only included for the first week of culture. The changed medium is interpreted to read on a second step and medium. Woll teaches the medium comprises IL7, IL15, SCF and FL. Therefore claim 45 is included in this rejection.
Woll teaches the disclosed cytokines are in a liquid media (DMEM:Ham) (see page 5096, left column, “In vitro generation of NK cells”). Therefore claim 46 is included in this rejection.
Lanza disclosed hemangioblasts obtained from embryonic stem cells (supra). Therefore claims 47-48 are included in this rejection. As set forth above, Lanza teaches embryonic stem cells do not require culturing with feeder cells. Therefore claim 49 is included in this rejection.
Lanza disclosed In certain embodiments of the methods for generating and expanding human hemangio-colony forming cells of this invention, the growth factor is selected from the group consisting of vascular endothelial growth factor (VEGF), bone morphogenic proteins (BMP), stem cell factor (SCF), Flt-3L (FL) thrombopoietin (TPO) and erythropoietin (EPO) ([0026]). Therefore EPO is not required. Therefore claim 50 is included in this rejection.
Woll teaches NK cell development was assessed from all wells showing visual
evidence of growth by flow cytometric analysis for CD56+CD45+ cells (page 5096, left column, “NK cell cloning frequency”). Therefore claim 51 is included in this rejection.
Lanza teach differentiation using serum free conditions. Therefore claim 53 is included in this rejection.
Regarding independent claim 54: The teachings of Lanza are reiterated. Lanza teaches culturing in a media comprising VEGF ([0026]).
Lanza does not explicitly teach an NK lymphocyte (i.e., a type of hematopoietic cell) is produced using a medium comprising IL7, IL3 and at least one of SCF or FLt3.
The teachings of Woll and Sivori et al. are reiterated.
It would have been obvious to try culturing the human hemangioblasts taught by Lanza in a medium comprising the cytokines taught by Woll. Lanza teaches human hemangioblasts can be differentiated to produce hematopoietic lymphocytic cells. One would have been motivated to culture hemangioblasts in a mixture of IL3 (5 ng/ml), IL7 (20 ng/ml), SCF and Flt3 to produce NK lymphocytes. While Woll teaches stroma (feeder) conditions, one would have had a reasonable expectation of success since Sivori explicitly teaches the requirement for stroma can be bypassed when NK cell progenitors are cultured in the presence of the same cytokines taught by Woll. Therefore claim 54 is included in this rejection.
Lanza teaches a human embryonic stem cell (supra). Therefore claim 55 is rejected.
Woll teaches NK cell development was assessed from all wells showing visual
evidence of growth by flow cytometric analysis for CD56+CD45+ cells (page 5096, left column, “NK cell cloning frequency”). Therefore claim 56 is included in this rejection.
Lanza teaches serum free culture. Therefore claim 57 is rejected.
The media taught by Woll comprises IL-15 (supra). Claim 58 is included in this rejection.
Woll does not require erythropoietin. Claim 59 is rejected.
Woll teaches medium containing fresh cytokines was changed weekly with the exception of IL-3 which was only included for the first week of culture. The changed medium is interpreted to read on a second step and medium. Woll teaches the medium comprises IL7, IL15, SCF and FL. Therefore claim 60 is included in this rejection.
Lanza teaches hemangioblasts can be isolated (supra). This reads on harvesting as recited in claim 61.
Regarding independent claim 62: The teachings of Lanza as set forth above are reiterated. The art teaches culturing human stem cells in in a media comprising VEGF and FL to induce embryoid body formation ([0206]).
Lanza does not explicitly teach a NK lymphocyte (i.e., a type of hematopoietic cell) is produced using a medium comprising IL7, IL3 and at least one of SCF or FLt3.
.
The teachings of Woll and Sivori are reiterated.
It would have been obvious to try culturing the human hemangioblasts taught by Lanza in a medium comprising the cytokines taught by Woll. Lanza teaches human hemangioblasts can be differentiated to produce hematopoietic lymphocytic cells. One would have been motivated to culture hemangioblasts in a mixture of IL3 (5 ng/ml), IL7 (20 ng/ml), SCF and Flt3 to produce NK lymphocytes. While Woll teaches stroma (feeder) conditions, one would have had a reasonable expectation of success since Sivori explicitly teaches the requirement for stroma can be bypassed when NK cell progenitors are cultured in the presence of the same cytokines taught by Woll. Therefore claim 62 is included in this rejection.
Lanza teaches a human embryonic stem cell (supra). Therefore claims 63-64 are rejected.
Woll teaches NK cell development was assessed from all wells showing visual
evidence of growth by flow cytometric analysis for CD56+CD45+ cells (page 5096, left column, “NK cell cloning frequency”). Therefore claim 65 is included in this rejection.
Lanza teaches the use of serum free media. Therefore claim 66 is included in this rejection.
Lanza does not require EPO (supra). Therefore claim 67 is included in this rejection.
Lanza teaches hemangioblasts can be isolated (supra). This reads on harvesting as recited in claim 68.
Regarding independent claim 75. The teachings of Lanza are reiterated. Lanza cultures human embryonic stem cells (human pluripotent stem cells). The art generates embryoid bodies from said cells. The art teaches culturing embryoid bodies.
Lanza teaches BMP4 and VEGF can be used for embryoid body formation ([0401]). After 48 hours, half the media can be removed and fresh media containing BMP4, and VEGF, plus SCF, TPO and FLt3 and HoxB4 fusion protein can be added ([0401]). Examiner notes the fresh media comprises VEGF, TPO and Flt-3.
Lanza does not explicitly teach a NK lymphocyte (i.e., a type of hematopoietic cell) is produced using a medium comprising IL7, IL3 and at least one of SCF or FLt3.
The teachings of Woll and Sivori are reiterated.
It would have been obvious to try culturing the human hemangioblasts taught by Lanza in a medium comprising the cytokines taught by Woll. Lanza teaches human hemangioblasts can be differentiated to produce hematopoietic lymphocytic cells. One would have been motivated to culture hemangioblasts in a mixture of IL3 (5 ng/ml), IL7 (20 ng/ml), SCF and Flt3 to produce NK lymphocytes. While Woll teaches stroma (feeder) conditions, one would have had a reasonable expectation of success since Sivori explicitly teaches the requirement for stroma can be bypassed when NK cell progenitors are cultured in the presence of the same cytokines taught by Woll. Therefore claim 75 is included in this rejection.
Lanza obtains embryoid bodies from human embryonic stem cells (supra). Therefore claims 76 is included in this rejection.
Woll teaches NK cell development was assessed from all wells showing visual
evidence of growth by flow cytometric analysis for CD56+CD45+ cells (page 5096, left column, “NK cell cloning frequency”). Therefore claim 77 is included in this rejection.
Lanza and Woll do not require erythropoietin. Therefore claim 78 is included in this rejection.
Therefore Applicant’s Invention is rendered obvious as claimed.
Claims 69-74 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Lanza in view of Woll, Sivori and Lu et al. (previously cited; Robust generation of hemangioblastic progenitors from human embryonic stem cells. Regen Med. 2008 Sep;3(5):693-704).
Regarding independent claim 69. The teachings of Lanza as set forth above are reiterated. Lanza cultures human embryonic stem cells. The art generates embryoid bodies from said cells. The art teaches culturing embryoid bodies. The art teaches hemangioblasts can be differentiated to produce lymphocytes.
Lanza teaches BMP4 and VEGF can be used for embryoid body formation ([0401]). After 48 hours, half the media can be removed and fresh media containing BMP4, and VEGF, plus SCF, TPO and FLt3 and HoxB4 fusion protein can be added ([0401]). Examiner notes the fresh media comprises VEGF, TPO and Flt-3.
Lanza does not explicitly teach an NK lymphocyte is produced using a medium comprising IL7, IL3 and at least one of SCF or FLt3.
Lanza is silent regarding the use of bFGF in the media that contains BMP4 and VEGF.
The teachings of Woll and Sivori are reiterated.
Lu et al. report a method of generating hemangioblast progenitors. The art discloses the
following Method (see “Materials and methods, page 694, right column through left
column of page 695; emphasis added by Examiner):
Differentiation of hemangioblasts from hESCs
To induce hESCs cultured on MEFs into hemangioblasts, 80–90% confluent plates were dissociated by 0.05% trypsin digestion. To differentiate feeder-free hESCs into hemangioblasts, 85–90% confluent cells were dislodged from the Matrigel matrix using the protocol described earlier. Cells from both conditions were plated on ultra-low dishes (Corning, NY, USA) in Stemline II (Sigma) medium with different doses of BMP-4, VEGF and bFGF as described previously. Half of the medium was replaced after 48 h with fresh medium containing the same cytokines or the same medium plus SCF, FL and Tpo (20 ng/ml, R&D System, Inc., Minneapolis, MN, USA), which depend on different experiment conditions. After 3.5 days, EBs were collected and dissociated by 0.05% trypsin. Single-cell suspensions were obtained by passing the cells through 22-gauge needle and through a 40-µm cell strainer, collected by centrifugation and resuspended in 50–100 µl of Stemline II media. Cells (0.75 × 105 to 1 × 105) were mixed with 2.5 ml of blast colony growth medium (BGM) as previously described, plated in ultra-low dishes and incubated at 37°C. Blast colonies derived from both MEF and feeder-free hESCs were observed 3–4 days after plating, followed shortly thereafter by rapid expansion. BCs are defined in the current study as cells obtained from day-6 blast colonies.
Enrichment of hemangioblast precursors
Potential BC precursor surface markers CD31, CD34, KDR, CXCR-4, CD133, ACE, PCLP1, PDGFRα, Tie-2, Nrp-2, Tpo-R and bFGFR-1 were selected for cell enrichment. All antibodies are mouse monoclonal IgG isotype and they are: CD31 and CD34 (Dako Cytomation, Carpinteria, CA, USA), KDR and Tpo-R (R&D Systems, Inc.), CXCR-4 (Abcam Inc., Cambridge, MA, USA), Nrp-2, ACE, PCLP1 and PDGFRα (Santa Cruz Biotechnology), Tie-2 (Cell Signaling Technology, Inc., Danvers, MA, USA), bFGFR-1 (Zymed Laboratories, San Francisco, CA, USA) and CD133 (Miltenyi Biotech, Auburn, CA, USA). Antibody cocktail assembly was performed by EasySep ‘Do-it-Yourself’ Selection Kit (Stem Cell Technologies). Cell suspensions derived from EBs were centrifuged at 1200 rpm for 4 min and resuspended in PBS with 2% FBS/1 mM EDTA buffer at a concentration of 1–2 × 106 cells/100 µl. The cells were mixed with different antibody cocktails for 15 min at room temperature and then incubated with EasySep Nanoparticle at room temperature for 10 additional minutes. Positive selected cells were separated after pouring off supernatant when placing tube with cells in a Magnet holder. Antibody selected positive cells (1 × 105) were mixed with 2.5 ml of BGM and plated for blast colony development.
Examiner also notes the Results section discloses EBs were formed by plating hESCs in Stemline II medium with BMP-4 and VEGF and divided into two wells after 48 hours: to one well of TPO, FL and SCF was added, to the other well, no additional factor was added, and the EBs were incubated for another 36 hours. EBs were then collected and single cell suspension was obtained and plated for blast colony formation (page 698, right column, first paragraph) (see last paragraph of page 697 thru, first paragraph of right column on page 698). Lu teaches “we investigated whether the additional of bFGF during the EB differentiation stage would enhance blast colony formation from hESCs”. The art teaches bFGF is added to the embryoid body medium (see Figure 2). Therefore the art is interpreted to teach a medium (i.e. the embryoid body medium) comprising BMP-4, VEGF and FGF. The medium comprising TPO, FL and SCF reads on a medium comprising SCF and FLt3-ligand. As set forth above, the art teaches hemangioblast colonies are produced from the single cells found in embryoid bodies. Therefore the EBs are interpreted to contain hemangioblasts.
It would have been obvious to use bFGF in the media taught by Lanza. One would have been motivated to do so since Lanza teaches a method of generating embryoid bodies using BMP4 and VEGF and Lu teaches embryoid bodies can be cultured in method containing BMP4, VEGF and FGF. One would add FGF to enhance blast colony formation from hESCs as taught by Lu. One would have had a reasonable expectation of success since Lu teaches FGF can be used with BMP4 and VEGF in embryoid culture. One would have expected similar results since both references are directed to method of generating hemangioblasts from hESCs.
It would have been obvious to try culturing the human hemangioblasts taught by Lanza in a medium comprising the cytokines taught by Woll. Lanza teaches human hemangioblasts can be differentiated to produce hematopoietic lymphocytic cells. One would have been motivated to hemangioblasts in a mixture of IL3 (5 ng/ml), IL7 (20 ng/ml), SCF and Flt3 to produce NK lymphocytes. While Woll teaches stroma (feeder) conditions, one would have had a reasonable expectation of success since Sivori explicitly teaches the requirement for stroma can be bypassed when NK cell progenitors are cultured in the presence of the same cytokines taught by Woll. Therefore claim 69 is included in this rejection.
Lanza obtains embryoid bodies from human embryonic stem cells (supra). Therefore claims 70-71 are included in this rejection.
Woll teaches NK cell development was assessed from all wells showing visual
evidence of growth by flow cytometric analysis for CD56+CD45+ cells (page 5096, left column, “NK cell cloning frequency”).. Therefore claim 72 is rejected.
Lanza teaches serum free culture media. Therefore claim 73 is rejected.
Lanza does not require EPO (supra). Therefore claim 74 is included in this rejection.
Therefore Applicant’s Invention is rendered obvious as claimed.
RESPONSE TO APPLICANT’S ARGUMENTS
The arguments made in the response filed on 27 October 2025 are acknowledged.
Argument : The Applicant argues Lanza and Williams do not teach the amount of IL-7 to produce human NK cells.
Response to Argument: New grounds of rejection have been necessitated by claim amendment.
CONCLUSION
No Claims Are Allowed
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 NATALIE MOSS whose telephone number is (571) 270-7439. The examiner can normally be reached on Monday-Friday, 8am-5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sharmila Landau can be reached on (571) 272-0614. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/NATALIE M MOSS/ Examiner, Art Unit 1653
/SHARMILA G LANDAU/ Supervisory Patent Examiner, Art Unit 1653