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 .
Amendment Entered
This Office action is responsive to the Amendment filed on September 29th, 2025. The examiner acknowledges the amendments to claim 1. Claims 1-7 remain pending in the application.
Response to Arguments
Applicant’s arguments, filed September 29th, 2025, with respect to the rejections under 35 U.S.C. 103 regarding the “first seal” have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments, filed September 29th, 2025, with respect to the rejections under 35 U.S.C. 103 regarding the “second seal” have been considered but are not persuasive.
At pages 5-6, Applicant argues that the ridges 364,365 relied upon to disclose the second seal are located on the upper and lower surfaces of the elastically deformable member 36 and therefore, the relationship between the elastically deformable member 36 and the ridges 364, 365 is different from the relationship between the claimed second seal and base portion. Examiner respectfully disagrees. Tanaka 3009 discloses a fixing ring-like brim 361 comprising the ridges 364, 365 and a ring-like peripheral ridge 363 in para. [0052-0053]/fig. 5 and further discloses in para. [0080] that ridge 363a is in the form of a ring extending along the periphery of the brim of the deformable member 36a to thereby maintain the air tightness of the inside of the case 1a at high level. Therefore, Tanaka 3009 does disclose a seal (brim 361 comprising ridges 363, 364, 365; “airtight ridges”, para. [0053, 0058, 0080, 0123], figs. 5-6) provided between an inner circumferential surface of the outer case (“corresponding recess provided in the case 1”, as seen in fig. 6, para. [0052]) and an outer circumferential surface of the base portion (36, figs. 5-6; “peripheral”, para. [0052] (Examiner note: peripheral ridge 363 is on a periphery/an outer circumferential surface of 36 and engages with an inner circumferential surface of the case 1 as seen in fig. 6), the second seal being constituted in an annular shape (brim comprising ring-like ridges 363, 364, 365 as seen in fig. 5; “ring”, para. [0052-0053, 0080]) that seals (“airtightness”, para. [0053, 0058, 0080]) between the inner circumferential surface of the outer case (“recess … case 1”, para. [0053, 0058, 0080], fig. 6) and the outer circumferential surface of the base portion (“peripheral”, para. [0052-0053, 0080], 36, figs. 5-6) and seals (“airtightness”, para. [0053, 0058]) between a surface of the rear cover facing the living body side of the case (stop ring 4, fig. 6) and the base portion (36, figs. 5-6). Tanaka 3009 further discloses that airtightness of the inside of the case 1 is ensured at a high level (para. [0066, 0080]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu such that the blood pressure measurement device comprises a second seal provided between an inner circumferential surface of the outer case and the base, its second seal being constituted in an annular shape that seals between the inner circumferential surface and the base portion and seals between the rear cover and the base portion, in view of the teachings of Tanaka 3009 for the obvious advantage of ensuring a high level of airtightness of the inside of the case.
Applicant’s arguments, filed September 29th, 2025, with respect to the rejections under 35 U.S.C. 103 with regards to “the second seal having a higher sealing property than the first seal” have been fully considered but are not persuasive.
At page 6, Applicant argues that an O-ring forming an airtight seal would have the same sealing properties as the gasket having a waterproof property that hermetically seals the device main body of Tanaka 8522 based on the definition of “hermetic” from Dictionary.com. Examiner respectfully disagrees. Merriam-Webster defines hermetically: in an airtight manner : so as to be completely airtight — usually used in the phrase (see “Hermetically.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/hermetically. Accessed 25 Nov. 2025) and an airtight seal: impermeable to air or nearly so (see “Airtight.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/airtight. Accessed 25 Nov. 2025). The difference between an airtight seal and hermetically sealed is that hermetic sealing provides a completely airtight seal. A completely airtight seal would be stronger than an airtight seal that is impermeable to air or nearly so. Tanaka 8522 discloses that the device main body 4 is hermetically sealed (para. [0084]). Therefore, the sealing member (gasket) of Tanaka 8522 providing the hermetically sealed device main body would have a higher sealing property than an O-ring providing an airtight seal because a hermetic seal provides a completely airtight seal.
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 6 is 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 6 recites the limitation “an outer circumferential surface of the base portion” in line 2. It is unclear if this is referring to a different outer circumferential surface of the base portion or the same outer circumferential surface of the base portion as recited in claim 1. The limitation will be treated as referring to the same outer circumferential surface of the base portion of claim 1 for examination purposes and is suggested to recite “the outer circumferential surface of the base portion”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 4, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 108324261 A English Translation) in view of in view of Shirasaki (US 20090054794 A1), further in view of Tanaka (US 20040243009 A1) (herein Tanaka 3009), and further in view of Tanaka 8522 (US 20140268522 A1).
Regarding claim 1, Liu discloses a blood pressure measurement device attachable to a living body (para. [0028], fig. 5), the blood pressure measurement device (figs. 1 & 5) comprising: a curler (watch band/strap 2, fig. 1); a cuff disposed on an inner surface of the curler (airbag bag 3 … placed between the elastic band 23 and the airbag hiding cloth 24, para. [0035-0036], fig. 2); a case (“watch case”, para. [0032]) including an outer case (11, as seen fig. 4) and a rear cover (bracket 12, fig. 4) fixed to an end portion on a living body side of the outer case and the curler (bracket 12 is fixed between the watch case 11 and the strap 2, para. [0038]), an open portion of the rear cover facing the curler being open (hole 121, 122, 123, fig. 4, para. [0038]), and the rear cover covering, together with the curler, the end portion on the living body side of the outer case (as seen in fig. 1 & 5, para. [0038]); a base (PCB board 70, fig. 4) portion housed in the case (“arranged in the cavity … case 11”, para. [0070]); wherein the open portion of the rear cover is covered by the curler (as seen in figs. 1 & 5, “hole … corresponding … interface”, para. [0038]).
Liu further discloses that the circular holes on the bracket 12 play an important role in stabilizing the air pipe, making the air pipe and components such as the air pump 40 and the solenoid valve 50 in the watch shock-proof and drop-proof, greatly improving the service life of the watch (para. [0039]).
Liu does not expressly disclose a first seal provided between a surface of the rear cover surrounding the open portion and facing the curler and a surface of the curler facing the living body side of the case, the first seal being configured to seal between the rear cover and the curler, and the first seal has an annular shape such that the first seal surrounds the open portion of the rear cover.
However, Shirasaki directed to a blood-pressure measuring device having a connecting structure between a cuff and a blood-pressure measuring device main body (para. [0002]) discloses a first seal (O-ring 204, fig. 17) provided between a surface (“lower end of the cylindrical portion”, para. [0110], as seen in fig. 17) of a rear cover (connector member 201, fig. 17) surrounding an open portion (“encompass the surroundings of at the open end in a lower portion of the fluid path 201c”, para. [0110], fluid path 201c, fig, 17) and facing a curler (curler 44, fig. 17) (as seen in fig. 17) and a surface (enlarged diameter portion 220a of connector body 220 of curler 44, fig. 17, para. [0122]) of the curler (curler 44, figs. 17 & 20) facing a living body side of a case (as seen in fig. 20, curler 44 facing fixing member 102), the first seal being configured to seal between the rear cover and the curler (“airtight state”, para. [0115, 0122]), and the first seal has an annular shape such that the first seal surrounds the open portion of the rear cover (“O-ring … encompass the surroundings of at the open end”, para [0110], fig. 17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu such that the blood pressure measurement device comprises a first seal provided between a surface of the rear cover surrounding the open portion and facing the curler and a surface of the curler facing the living body side of the case, the first seal being configured to seal between the rear cover and the curler, and the first seal has an annular shape such that the first seal surrounds the open portion of the rear cover, in view of the teachings of Shirasaki, in order to airtightly connect the first, second, and sensing gas interfaces by providing O-rings surrounding the circular holes on the bracket of Liu.
Liu, as modified by Shirasaki hereinabove, does not expressly disclose the outer case having a tubular shape and a second seal provided between an inner circumferential surface of the outer case and an outer circumferential surface of the base portion, the second seal being constituted in an annular shape that seals between the inner circumferential surface of the outer case and the outer circumferential surface of the base portion and seals between a surface of the rear cover facing the living body side of the case and the base portion.
However, Tanaka 3009 directed to wrist-worn apparatus capable of sensing pulsation of blood comprising a case 1, a base portion/deformable member 36, and a rear cover/ stop ring 4 discloses the outer case having a tubular shape (“case 1 … hollow cylinder”, para. [0039]) and a seal (brim 361 comprising ridges 363, 364, 365; “airtight ridges”, para. [0053, 0058, 0080, 0123], figs. 5-6) provided between an inner circumferential surface of the outer case (“corresponding recess provided in the case 1”, as seen in fig. 6, para. [0052]) and an outer circumferential surface of the base portion (36, figs. 5-6; “peripheral”, para. [0052] (Examiner note: peripheral ridge 363 is on a periphery/an outer circumferential surface of 36 and engages with an inner circumferential surface of the case 1 as seen in fig. 6), the second seal being constituted in an annular shape (brim comprising ring-like ridges 363, 364, 365 as seen in fig. 5; “ring”, para. [0052-0053, 0080]) that seals (“airtightness”, para. [0053, 0058, 0080]) between the inner circumferential surface of the outer case (“recess … case 1”, para. [0053, 0058, 0080], fig. 6) and the outer circumferential surface of the base portion (“peripheral”, para. [0052-0053, 0080], 36, figs. 5-6) (see Examiner note above) and seals (“airtightness”, para. [0053, 0058]) between a surface of the rear cover facing the living body side of the case (stop ring 4, fig. 6) and the base portion (36, figs. 5-6). Tanaka 3009 further discloses that airtightness of the inside of the case 1 is ensured at a high level (para. [0066, 0080]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki hereinabove, such that the blood pressure measurement device comprises the outer case having a tubular shape and a second seal provided between an inner circumferential surface of the outer case and an outer circumferential surface of the base portion, the second seal being constituted in an annular shape that seals between the inner circumferential surface of the outer case and the outer circumferential surface of the base portion and seals between a surface of the rear cover facing the living body side of the case and the base portion, in view of the teachings of Tanaka 3009 as such a modification would have been merely a substitution of the shape of the watch case of Liu for the case in the form of a hollow cylinder of Tanaka 3009 and would provide the obvious advantage of ensuring airtightness of the inside of the case at a high level.
Liu, as modified Shirasaki and Tanaka 3009 hereinabove, does not disclose the second seal having a higher sealing property than the first seal.
However, Tanaka 8522 discloses the seal (“sealing member”, para. [0084]) having a higher sealing property (“hermetically”, para. [0084]) (Examiner note: a hermetic seal is stronger than an airtight seal and would be stronger than the airtight seal provided by the O-ring of Inagaki).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki and Tanaka 3009 hereinabove, such that the blood pressure measurement device comprises the second seal having a higher sealing property than the first seal, in view of the teachings of Tanaka 8522 for the obvious advantage of hermetically sealing the inside of the device main body section that houses components.
Regarding claim 4, Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, discloses the blood pressure measurement device according to claim 1. Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, does not disclose wherein the second seal is integrally formed with the base portion.
However, Tanaka 3009 discloses wherein the second seal (“airtight ridges”, para. [0123]) is integrally formed with the base portion (“airtight ridges are provided on … 36h”, para. [0123]). Tanaka 3009 further discloses that the ring-like ridge is engaged in a corresponding recess on the case, thereby positioning the deformable member so as not to deviate from its proper position and that the ridges abutting on the case is deformed to thereby ensure airtightness (para. [0058, 0080, 0124]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, such that second seal is integrally formed with the base portion, in view of the teachings of Tanaka 3009, for the obvious advantage of ensuring airtightness and positioning the base so as not to deviate from its proper position.
Regarding claim 7, Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, discloses the blood pressure measurement device according to claim 1, and in a state before the rear cover is fixed to the case (fig. 4, “exploded structure … bracket 12”, para. [0037-0038). Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, does not expressly disclose wherein an intermediate portion in a radial direction of an end surface on the living body side of the second seal protrudes further to the living body side than an end on the living body side of the outer case, in a state before the rear cover is fixed to the case.
However, Tanaka 3009 discloses wherein an intermediate portion in a radial direction of an end surface on the living body side of the second seal (fig. 6, lower part 362a of deformable member 36) protrudes further to the living body side than an end on the living body side of the outer case (fig. 6, case 1a and housing 31a), in a state before the rear cover is fixed to the case (fig. 2, para. [0054, 0074-0076], the downward protruding deformable member 36; ring-like fixing brim 361a has a ring-like peripheral ridge 363a provided on its case side such that when the brim 361a is fixed to the case 1a, the ring-like ridge 363a is engaged in a corresponding recess 10a on the case 1a, thereby positioning the deformable member 36a so as not to deviate from its proper position; lower part 362a and the housing 31a cooperate to form a sealed fluid chamber 5a there between).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, such that an intermediate portion in a radial direction of an end surface on the living body side of the second seal protrudes further to the living body side than an end on the living body side of the outer case, in view of the teachings of Tanaka 3009, in order to position the deformable member so as not to deviate from its proper position such that it cooperates with the housing to form a sealed chamber.
Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Shirasaki, Tanaka 3009, and Tanaka 8522, as applied to claim 1 above, and further in view of Kohara (WO-2018163573-A1 English Translation).
Regarding claim 2, Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, does not disclose wherein the outer case includes a first abutting portion; and the base portion includes a second abutting portion configured to abut on the first abutting portion in an axial direction of the outer case.
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Kohara, Annotated figure 10
However, Kohara discloses the blood pressure measurement device according to claim 1, wherein the outer case includes a first abutting portion (annotated figure 10); and the base portion includes a second abutting portion (annotated figure 10) configured to abut on the first abutting portion in an axial direction of the outer case (figure 10, paragraphs [0078, 0082], in the case 10B of the main body 10, an inner case member 11 is housed as a substrate on which a blood pressure measuring element is mounted; thickness direction Z; annotated figure 10 shows the first and second abutting portions of the inner case 11 and the case 10b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, such that the outer case includes a first abutting portion; and the base portion includes a second abutting portion configured to abut on the first abutting portion in an axial direction of the outer case, in view of the teachings of Kohara, for the obvious advantage of securing the inner case/circuit board within the outer case.
Regarding claim 6, Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, discloses the blood pressure measurement device according to claim 1. Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, does not disclose wherein an outer circumferential surface of the base portion includes an annular protrusion portion disposed inside the second seal and protruding toward the inner circumferential surface of the outer case.
However, Tanaka 3009 discloses an annular protrusion portion (recess 311 & 313, fig. 14) disposed inside the second seal (para. [0050-0052], when pushed by the partition plate 15, the spacer 35 will press the thin plate 33 against the recess 313, thereby exerting a force on the O-shaped seal ring 32 such that airtightness is ensured between the upper- and lower-surface sides of the thin plate 33, figs. 5 & 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, such that the blood pressure measurement device comprises an annular protrusion portion disposed inside the second seal, in view of the teachings of Kohara and Tanaka 3009, in order to position the base so as not to deviate from its proper position and provide an airtight seal.
Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, does not disclose that an outer circumferential surface of the base portion includes an annular protrusion and protruding toward the inner circumferential surface of the outer case.
However, Kohara discloses, wherein an outer circumferential surface of the base portion includes an annular protrusion portion (annotated figure 10, inner case 11 annular protrusion) and protruding toward an inner circumferential surface of the outer case (annotated figure 10 shows inner case annular protrusion protruding towards first abutment portion of case 10b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, such that an outer circumferential surface of the base portion includes an annular protrusion portion disposed inside the second seal and protruding toward the inner circumferential surface of the outer case, in view of the teachings of Kohara, in order to position the base so as not to deviate from its proper position and provide an airtight seal.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Shirasaki, Tanaka 3009, and Tanaka 8522, as applied to claim 1 above, and further in view of Kawamura (US 20170215744 A1).
Regarding claim 3, Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, discloses the blood pressure measurement device according to claim 1. Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, does not disclose wherein the first seal is constituted by a double-sided tape.
However, Kawamura directed to a sphygmomanometer that comprise a first seal member para. [0122] discloses wherein the first seal is constituted by a double-sided tape (“first seal … through hole … double-sided tape”, para. [0121-0122]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, such that the first seal is constituted by a double-sided tape, in view of the teachings of Kawamura, as such a modification would have been merely a substitution of the O-ring for the seal member made of double-sided tape of Kawamura.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Shirasaki, Tanaka 3009, and Tanaka 8522, as applied to claim 1 above, further in view of Quinn (US 20210106278 A1), and further in view of Mochizuki (US 20080312544 A1).
Regarding claim 5, Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, discloses the blood pressure measurement device according to claim 1 Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, does not disclose wherein the second seal in a pre-deformation state is formed with an intermediate portion, in an axial direction of the outer case, of an outer circumferential surface of the second seal having a larger diameter than other portions.
However, Quinn directed to a wearable physiological device having a sealing element 36 discloses wherein the seal in a pre-deformation state is formed with an intermediate portion (figure 6, paragraph [0055], intermediate support 34 includes a sealing element 36, disposed around the periphery of the intermediate support 34, which seals the space between the first housing assembly 100 and second housing assembly 200 upon assembling and merging of the first housing assembly 100 and second housing assembly 200).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki, Tanaka 3009, and Tanaka 8522 hereinabove, such that the blood pressure measurement device further comprises the second seal in a pre-deformation state is formed with an intermediate portion, in view of the teachings of Quinn, in order to seal the space between the first housing assembly and the second housing assembly.
Liu, as modified Shirasaki, Tanaka 3009, Tanaka 8522, and Quinn hereinabove, does not disclose the intermediate portion, in an axial direction of the outer case, of an outer circumferential surface of the second seal having a larger diameter than other portions.
However, Mochizuki directed to a sphygmomanometer having o-rings 102a-b discloses the second seal, in an axial direction of an outer case, of an outer circumferential surface of the second seal having a larger diameter than other portions (para. [0079], small diameter o-ring 102a has a sealing effect in a circumference direction, and a large diameter o-ring 102b has an effect of preventing slack by being compressed, or deformed, in an axial direction; placing the two o-rings 102a and 102b provides the two effects).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu, as modified Shirasaki, Tanaka 3009, Tanaka 8522, and Quinn hereinabove, such that the blood pressure measurement device further comprises the second seal in a pre-deformation state is formed with an intermediate portion, in an axial direction of the outer case, of an outer circumferential surface of the second seal having a larger diameter than other portions, in view of the teachings of Mochizuki, in order to seal the space between the first housing assembly and the second housing assembly and provide sealing effects in circumference directions and preventing slack by being compressed, or deformed, in axial directions.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW ELI HOFFPAUIR whose telephone number is (571)272-4522. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor II can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES A MARMOR II/Supervisory Patent Examiner
Art Unit 3791
/A.E.H./Examiner, Art Unit 3791