DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Amendment
2. The amendment filed August 14, 2025 has been entered. Claims 1-17, 20-22 and 31-34 are cancelled. Claim 37 was newly added. Claims 18-19, 23-30 and 35-37 are under consideration in this Office Action.
Election/Restrictions
3. Newly submitted claim 37 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: Claim 37 is drawn to a different patient population, subject receiving medical treatment. Additionally, claim 37 is drawn to treating infectious disease of the oral cavity wherein the oral cavity disease is caused by any kind of medical treatment. The currently examined claims are drawn to treating gingivitis or periodontitis induced by periodontopathogenic bacteria.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 37 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
New Grounds of Rejection Necessitated By Applicants Amendments
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.
4. Claims 18-19, 23-25, 27-29 and 35-36 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. This is a new matter rejection.
Neither the specification nor originally presented claims provides support for a method for treating an infectious disease of the oral cavity in a subject, wherein the subject does not have a chronic inflammatory bowel disease, the method comprising a step of administering an effective amount of a combination of a Saccharomyces cerevisiae strains.
Applicant did not point to support in the specification for a method for treating an infectious disease of the oral cavity in a subject, wherein the subject does not have a chronic inflammatory bowel disease. The instant specification does not teach the exclusion of any patient population. Furthermore, the instant specification does not ever recite inflammatory bowel disease. Thus, there appears to be no teaching of a method for treating an infectious disease of the oral cavity in a subject, wherein the subject does not have a chronic inflammatory bowel disease the method comprising a step of administering an effective amount of a combination of a Saccharomyces cerevisiae strains. Applicant has not pointed to any pages or paragraphs within the instant specification and claims for support of the amendment which are drawn to a method for treating an infectious disease of the oral cavity in a subject, wherein the subject does not have a chronic inflammatory bowel disease; therefore it appears that the entire specification appears to fail to recite support for the newly recited patient population.
Thus, it appears that there is no support in the specification. Therefore, applicants must specifically point to page and line number support for the identity of a method for treating an infectious disease of the oral cavity in a subject, wherein the subject does not have a chronic inflammatory bowel disease the method comprising a step of administering an effective amount of a combination of a Saccharomyces cerevisiae strains as recited by the amended claims. Accordingly, the claims incorporate new matter and are accordingly rejected.
New Grounds of Rejection Necessitated By Applicants Amendments
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.
5. Claims 18-19, 23-25, 27-29 and 35-36 are rejected under 35 U.S.C. 103 as obvious over Simon et al., (US20100303778 published Dec. 2010; priority to Dec 2008) as evidenced by Tatiana et al., (Balneo Research Journal. Vol. 11, No.2, May 2020. Page 141-144) in view of Francavilla et al., (Applied and Environmental Microbiology. 08 May 2014. Vol. 80, No. 11).
The claims are drawn to a method for treating an infectious disease of the oral cavity in a subject, wherein the subject does not have a chronic inflammatory bowel disease, the method comprising a step of administering an effective amount of a combination of a Saccharomyces cerevisiae var. boulardii yeast strain deposited, on August 21, 2007, at the CNCM under number I- 3799 with an inactivated dry form of a Saccharomyces cerevisiae yeast strain deposited, on October 17, 2007, at the CNCM under number I-3856, wherein the infectious disease of the oral cavity is gingivitis or periodontitis and wherein the infectious disease of the oral cavity is induced by periodontopathogenic bacteria selected from Aggregatibacter actinomycetemcomitans, Porphyromonas gingivalis, and Prevotella intermedia.
Simon et al., disclose a composition comprising at least one of (i) a Saccharomyces cerevisiae yeast obtained from the strain deposited at the Collection Nationale de Cultures de Microorganismes under No. CNCM I-3856, (ii) a Saccharomyces var. boulardii yeast obtained from the strain deposited at the Collection Nationale de Cultures de Microorganismes under No. CNCM I-3799, [para 14].The CNCM I-3856, will be called “ScProI” [para 28] and CNCM I-3799, will be designated as “SCBI” [para 29]. FIG. 26 shows on the one hand that the ScProI yeast in its instantaneous dry form, administered in combination with the SCB1 strain and in its active dry form [para 168]. Thereby teaching instant claims 18-19 and 23. In the case when the yeast and/or derivative is in a live form but non-viable, the useful daily dose in therapeutic or non-therapeutic applications [para 71]. The ScPro1 yeast in an active dry form was tested and studied in vitro in an artificial digestive environment simulating human digestion and notably by studying the fate and the environmental impact of viable tested yeasts during colic fermentation [para 138]. The yeast is in a dry or fresh form [para 44].
Simon et al., disclose the need for being able to have novel strains of microorganisms which may exert a beneficial effect on health preventively and/or curatively on either specific pathologies or dysfunctions or not, or on both physical and psychic general health condition [para 11]. The ScProI and SCBI yeast and/or derivative causes increase in the secretion of the interleukin IL-10 involved in anti-inflammatory signals [para 38]. The composition has anti-inflammatory action and capability of preventing and reducing adhesion and colonization by pathogenic bacteria in particular in its dry forms [para. 16-20]. This yeast is well adapted to preventing and/or treating Chronic Inflammatory Bowel Diseases (CIBD), notably ulcerative colitis, hemorrhagic rectocolitis, or celiac diseases [para 58]. Simon et al., disclose a method for preventing or treating an infectious disease inherently having specific oral manifestation in the oral cavity of patients, the method comprising a step of administering an effective amount of a Saccharomyces cerevisiae var. boulardii yeast strain just as recited by claim 18. Simon et al., treats subjects with celiac disease, which is not an inflammatory bowel disease. Example 8 details the influence of the yeasts and/or yeast derivatives on the secretion of the cytokines, IL-10 and TNF-α, was studied ex vivo on biopsies of patients either affected with Crohn's disease or not (i.e., healthy patients) [para 362]. FIGS. 16 and 17 show the results obtained for IL-10 and TNF-α, respectively. Each point corresponds to the measurement of the biopsy on a patient affected with Crohn's disease in the acute phase (black circle), on a patient in remission of Crohn's disease (grey circles) and on healthy patients (white circle) [para 365]. The yeast may be administered for preventing and/or treating diseases or inflammatory disorders of the intestine, whether they are chronic or acute, either possibly associated or not with diarrheas or constipations [para 55]. Therefore subjects without chronic IBD, subjects with celiac, and healthy subjects can be administered the yeast strains.
Simon et al’s composition can be prepared as a food supplement and/or probiotic and/or functional food and/or nutraceutical and/or functional ingredients and/or cosmeceutical and/or pharmaceutical active ingredient, intended for humans and/or animals [para 23]. Thus teaching claims 23 and 25. This ScPro1 and SCB1 yeast and/or derivative may be administered in a live or viable form, preferably orally [para 43]. By “live form” or “live” is meant according to the invention, a yeast, the metabolism of which is active or reactivatable or capable of multiplying. This is notably yeast in a dry form or in a fresh form [para 44]. Thus teaching claim 19. In the case when the yeast and/or derivative is in a non-viable form, the useful daily dose in therapeutic or non-therapeutic applications will preferably be comprised between 1 mg and 10 g, preferably between 1 mg and 1 g. The daily effective dose may be administered in one, two, three or four takings [para 71]. Thus teaching the inactivated form of claim 18.
The yeast and/or derivative are preferably administered orally. It may be administered in a therapeutically effective amount, which means that at least one of the symptoms is reduced or suppressed [para 72]. The ScPro1 and/or SCB1 yeast and/or derivative may be included in a human or animal food composition and/or administered with excipients or carriers suitable for oral administration [para 73]. Thus teaching claim 27. The ScPro1 and/or SCB1 yeast and/or derivative may be included in a human or animal food composition and/or administered with excipients or carriers suitable for oral administration [para 73]. Thus teaching claim 28. It may be formulated as a liquid, such as a syrup or a phial, or as tablets, gelatin capsules, sachets, capsules or powder or other suitable galenic forms [para 75]. Thus teaching claim 24. The ScPro1 and/or SCB1 yeast and/or derivative may also be administered with other active ingredients such as antibiotics, analgesics, anti-diarrheal agents, laxatives, and mixtures thereof [para 78]. Thus teaching claim 29. By foodstuffs intended for particular feeding , is meant a foodstuff having a particular nutritional goal, intended for a well-defined population group, such as infants, toddlers [para 34]. Thus teaching claim 35.
Example 4, Option 4 shows dry ScPro1 (100 μg)+SCB1 (100 μg), which is a 50%-50% distribution [para 217]. See also reference 4 showing dry ScPro1 (50 μg/d)+instantaneous dry SCB1 (50 μg/d) strains. Thereby teaching instant claim 36
Simon et al., teach a method for treating an infectious disease of the oral cavity in a subject, wherein the subject does not have a chronic inflammatory bowel disease,
the method comprising a step of administering an effective amount of a combination of a Saccharomyces cerevisiae var. boulardii yeast strain deposited, on August 21, 2007, at the CNCM under number I- 3799 with an inactivated dry form of a Saccharomyces cerevisiae yeast strain deposited, on October 17, 2007, at the CNCM under number I-3856, wherein the infectious disease of the oral cavity is IBD, Crohn’s Disease and/or ulcerative colitis but does not state the have specific oral manifestation in the oral cavity induced by Aggregatibacter actinomycetemcomitans, Porphyromonas gingivalis, and Prevotella intermedia.
Tatiana et al., teach the frequency of celiac disease (CD) and non celiac gluten sensivity (NCGS) varies in different geographical area and has gradually increased. CD and has high clinical inhomogeneity. Although it has been suggested that the patient with gluten-related disorders present different oral manifestations. Often in patients with gluten related disorders in the oral cavity can be found: aphthous stomatitis, desquamative glossitis, angular cheilitis, gingivitis, enamel hypoplasia, xerostomia etc [page 142, col.1]. The aim of the study was to evaluate the prevalence of periodontal disease in patients with CD and NCGS, clinicoradiologic peculiarities of manifestations of periodontal disease in patients with celiac disease and non celiac gluten sensitivity [page 142, col.1-2]. During the study it was found that in the structure of periodontal diseases among patients with celiac disease inflammatory periodontal diseases were diagnosed in 20 % of patients, dystrophic inflammatory periodontal diseases in 80% [page 142, col.2]. During clinical examination of patients with celiac disease, the initial severity of generalized periodontitis was detected in 16 %, the first stage was diagnosed in 27.7% of patients, second stage - in 50% of patients, and third stage - in 5.5% of patients [page 143, col.1]. Among patients with celiac disease, 15% of patients had an initial severity of generalized periodontitis, stage 1 - 20%, stage 2 - 55% and 10% of patients had 3 stage generalized periodontal disease. In both study groups, despite the prevalence of the process, a catarrhal form of gingivitis was prevalent and diagnosed in 75% of patients [page 143, col. 1]. Therefore Tatiana et al., teach the oral manifestations of celiac disease include gingivitis and/or periodontitis.
Francavilla et al., teach salivary microbiota and metabolome associated with celiac disease (CD). Francavilla et al’s study investigated the salivary microbiota and metabolome of 13 children with celiac disease (CD) under a gluten-free diet (treated celiac disease [T-CD]). The same number of healthy children (HC) was used as controls [abstract]. The saliva of T-CD children showed the largest amount of Bacteroidetes (e.g., Porphyromonas sp., Porphyromonas endodontalis, and Prevotella nanceiensis), together with the smallest amount of Actinobacteria. Table 2 shows Bacteroides, Porphyromonas, and Prevotella. Thus Francavilla et al., teach the celiac disease of the oral cavity is induced by Porphyromonas gingivalis, and Prevotella species.
Therefore, it would have been prima facie obvious at the time of applicants’ invention to apply Simon et al combination of viable and non-viable yeast strains to treat celiac disease which has oral manifestations in the oral cavity induced by periodontopathic bacteria as evidenced and taught by Tatiana et al., and Francavilla et al. Simon teach anti-inflammatory action and capability of preventing and reducing adhesion and colonization by pathogenic bacteria and Tatiana et al., teach celiac disease having gingivitis or periodontitis manifestations; where it is well known that gingivitis or periodontitis are induced by Aggregatibacter actinomycetemcomitans, Porphyromonas gingivalis, and Prevotella intermedia. One of ordinary skill in the art would have a reasonable expectation of success by administering the Saccharomyces cerevisiae yeast strains because they are known to have anti-inflammatory action and capability of preventing and reducing adhesion and colonization by pathogenic bacteria such as Porphyromonas gingivalis. Finally it would have been prima facie obvious to combine the invention of Simon et al., Tatiana et al., and Francavilla et al., to advantageously achieve treatment of specific oral manifestations in patients with celiac disease being gingivitis and periodontitis.
Additionally, KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007), discloses combining prior art elements according to known methods to yield predictable results, thus the combination is obvious unless its application is beyond that person's skill. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1741 (2007) also discloses that "The combination of familiar element according to known methods is likely to be obvious when it does no more than yield predictable results". It is well known to take a method of treating periodontitis and/or gingivitis, wherein there is no change in the respective function of the Saccharomyces cerevisiae yeast strains, thus the combination would have yielded a reasonable expectation of success along with predictable results to one of ordinary skill in the art at the time of the invention. Accordingly, it would have been obvious to a person of ordinary skill in the art to combine prior art elements according to known methods that is ready for improvement to yield predictable results. The claimed invention is prima facie obvious in view of the teachings of the prior art, absent any convincing evidence to the contrary.
Response to Arguments
6. Applicant’s arguments, filed August 14, 2025 with respect to the rejection of claims 18-19, 23-25, 27-29 and 35-36 under 35 U.S.C. 103 as obvious over Simon et al., and Sugiyama et al., in view of Vavricka et al., and Stein et al., is withdrawn. Therefore having been fully considered the amendments and arguments the rejection is withdrawn. It is noted, that applicants amendments recited new matter thus the previous rejection has been withdrawn. However these rejections may be reinstated. Therefore, upon further consideration, a new grounds of rejection is made as evidenced by Tatiana et al., (Balneo Research Journal. Vol. 11, No.2, May 2020. Page 141-144) and in view of Francavilla et al., (Applied and Environmental Microbiology. Vol. 80, No. 11).
Applicants argue that the prior art references do not teach a method for treating an infectious disease of the oral cavity in a subject, wherein the subject does not have a chronic inflammatory bowel disease. Simon et al., treat subjects with celiac disease, which is not an inflammatory bowel disease. Example 8 details the influence of the yeasts and/or yeast derivatives on the secretion of the cytokines, IL-10 and TNF-α, was studied ex vivo on biopsies of patients either affected with Crohn's disease or not (i.e., healthy patients) [para 362]. FIGS. 16 and 17 show the results obtained for IL-10 and TNF-α, respectively. Each point corresponds to the measurement of the biopsy on a patient affected with Crohn's disease in the acute phase (black circle), on a patient in remission of Crohn's disease (grey circles) and on healthy patients (white circle) [para 365]. Thus Simon et al’s subjects who were administered the combination of yeast strains were 1) healthy subjects; 2) subjects having acute and not chronic Crohn’s disease; 3) subjects in remission of Crohn’s disease which is a temporary state having few or no symptoms and/or 4) subjects with celiac disease. None of those subjects have chronic inflammatory bowel disease. Therefore, Simon et al., teach subjects which meet the instantly recited limitation.
Simon et al., does not teach an inactivated dry form of a Saccharomyces cerevisiae yeast strain deposited, on October 17, 2007, at the CNCM under number I-3856, or ScPro1 (per Simon). Applicants point to teachings where Simon discusses live yeast. In response, the Office sets forth that Simon teaches both viable and nonviable yeasts. The Office agrees that Simon et al., teach viable yeast. However Simon et al., state in the case when the yeast and/or derivative is in a non-viable form, the useful daily dose in therapeutic or non-therapeutic applications will preferably be comprised between 1 mg and 10 g [para 71]. Thus teaching the inactivated form of claim 18. Furthermore, the Office bolsters the position of teaching a mixed live and dead combination of yeast by incorporating the teaching of Sugiyama et al. Sugiyama et al., clearly teach a live and dead yeast composition to treat periodontal disease. Therefore, the prior art references teach a combination of yeast forms taught by both Simon et al., and Sugiyama et al. Furthermore, Vavricka et al., teach a clear correlation between the inflammation of IBD and Crohn’s and gingivitis and periodontitis and the need to treat the inflammation.
In this case, Simon et al’s disclose a method for treating an infectious disease, such as celiac disease having specific oral manifestation in the oral cavity of patients comprising administering an effective amount of a combination of a Saccharomyces cerevisiae var. boulardii yeast strain deposited, on August 21, 2007, at the CNCM under number I- 3799 with an inactivated dry form of a Saccharomyces cerevisiae yeast strain deposited, on October 17, 2007, at the CNCM under number I-3856. Despite Applicants arguments, Simon et al., in view of Tatiana et al., and Francavilla et al., the each and every claimed limitation. Therefore, the rejections of record address Applicants arguments.
Pertinent Art
7. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Celiac disease is an autoimmune disorder where gluten triggers damage to the small intestine, while inflammatory bowel disease (IBD) is a group of chronic inflammatory conditions, such as Crohn's disease and ulcerative colitis, that cause inflammation in various parts of the digestive tract.
Hemorrhagic rectocolitis is often an acute, infectious condition like an E. coli infection, characterized by bloody diarrhea and potentially severe complications from bleeding. In contrast, chronic inflammatory bowel disease (IBD) refers to long-term, autoimmune conditions like ulcerative colitis and Crohn's disease that cause ongoing inflammation and tissue damage in the GI tract.
Vavricka et al., teach Crohn's disease (CD) and ulcerative colitis (UC) are 2 specific forms of inflammatory bowel disease (IBD), characterized by a chronic intestinal and systemic inflammation arising from an aberrant mucosal immune response to the microbiota of the gastrointestinal tract in genetically susceptible individuals patients with
Stein et al., teach Crohn’s disease (CD) is a chronic inflammatory bowel disease (IBD) that can affect any segment of the gastrointestinal tract including oral cavity and has extra-intestinal manifestations as well [Introduction].
Gupta et al., (Imam Journal of Applied Sciences 2(1):p 22-25, Jan–Jun 2017. ) Gupta et al., disclose Celiac disease is a chronic intestinal disease with immunological responsiveness to ingested gluten and is associated with poor absorption and digestion, affecting both developing dentition and oral mucosa. The article presents a clinical case showing the impact on the general and oral health of a 10-year-old patient [abstract]. CD presents various oral manifestations, which are dental enamel defects, recurrent aphthous stomatitis (RAS), and caries experience [Introduction]. Parents got him examined, and the patient was diagnosed with CD and allergic to wheat. General physical examination revealed that the patient was of athletic built, well oriented, and cooperative. Extraoral examination revealed no abnormality. Intraoral examination revealed retained 63, congenitally missing 14 and chronic localized periodontitis with respect to numerous teeth [Figure 1] [Case Report]. The mouth, the first part of the GI system, represents a site very easy to detect and an oral examination could give a useful diagnostic contribution as lesions of the hard and soft tissues have been reported in CD [Discussion]. Oral examination revealed generalized gingival recession and missing teeth. Individuals suspected to have aggressive periodontitis are at a risk of premature tooth loss. Dentist may be the first person to diagnose a case of CD because oral manifestations are present in large number of cases.
Care of celiac patients by hygienists in the dental office: Research paper. Lince et al., Dentistry IQ. Student Hygiene. March 14, 2016
Celiac disease, an autoimmune disease, has caused more than only gastrointestinal symptoms. The dental office is one area that hygienists can help celiac patients. Being aware of the signs and symptoms of celiac and knowing ingredients of dental products, hygienists can help patients manage their disease while at the office. Several conditions shared by CD and inflammatory bowel disease are periodontitis and aphthous ulcers along with chronic intestinal inflammation. Neither of these diseases were completely understood, but they were known to involve damage to the gastrointestinal tract.
https://www.dentistryiq.com/dental-hygiene/student-hygiene/article/16352094/care-of-celiac-patients-by-hygienists-in-the-dental-office-research-paper
Kononen et al., (J Oral Microbiol. 2022 May 26;14(1):2079814) P. intermedia group is without any specific connection to oral diseases, P. nigrescens and P. intermedia, in particular, show moderate pathogenicity, being present in periodontitis-associated subgingival complexes. The P. intermedia group is composed of four phylogenetically close species, i.e. P. intermedia, P. nigrescens, P. pallens, and P. aurantiaca. Their shared biochemical characteristics are the ability to decompose tryptophane into indole, moderate saccharolytic activities, and production of pigment [43–45]. All four species are residents of the oral cavity, which represents their predominant site of isolation. While P. intermedia was associated with periodontal infections, P. nigrescens was found at both healthy and diseased periodontal sites and as a core species mediating fluctuations in the subgingival microbiota.
Tian et al., (Appl Environ Microbiol. 2017 Mar 2;83(6):e03330-16) teach salivary gluten degradation and oral microbial profiles in healthy individuals and celiac disease patients.
Conclusion
8. No claims allowed.
9. 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.
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JA-NA A HINES whose telephone number is (571)272-0859. The examiner can normally be reached Monday thru Thursday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Gary Nickol, can be reached on 571-272-0835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANA A HINES/ Primary Examiner, Art Unit 1645