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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/12/2026 is being considered by the examiner.
Response to Amendment
The amendment filed February 5th, 2026 has been entered. Claims 25-27, 30, 32, 35-41 remain pending in the application. Claims 28-29, 31, and 33-34 have been cancelled. Applicant’s amendments to the claims have overcome the objections and rejections previously set forth in the Non-Final Office Action mailed November 5th, 2025.
Response to Arguments
Applicant’s arguments with respect to claims 25-27, 30, 32, 35-41 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. The claim amendments changed the scope of the claimed invention. See new grounds for rejection below.
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 25-27, 30, 32, and 35-41 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.
The applicant has amended to incorporate “wherein the flexible outer layer is formed of a conformable material having a thermal conductivity that increases in accordance with collapsing cells of the conformable material” in claims 25 and 37. However, there does not appear to be support in the specification for a pad that comprises both the conformable material having a thermal conductivity that increases in accordance with collapsing cells of the conformable material and the plurality of thermally conductive beads loosely packed in the enclosed space to allow the fluid to flow around the beads as required in claims 25 and 37. The specification appears to disclose these as separate and distinct embodiments. Paragraphs [0094-[0098] and [0106] describing Figures 8 and 9 appear to be describing the plurality of beads embodiment wherein the conformable material being comprised of collapsing cells is not mentioned. Further, Paragraphs [0072] and [0104] appear to be describing the use of the conformable material comprising collapsable cells as being an alternative embodiment. Therefore, there does not appear to be support within the specification that these embodiments are useable together and incorporated into one device, rather the specification describes them as alternative embodiments in Paragraphs [0104]-[0106].
Claims 26-27, 30, 32, 35-36, and 38-39 are rejected by virtue of dependency on claim 27, and claims 40-41 are rejected by virtue of dependency on claim 37.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, 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 25-27, 30, 32, and 35-41 are rejected under 35 U.S.C. 103 as being unpatentable over Youngblood et al. (U.S. PGPub. No. 2018/0000255) herein referred to as “Youngblood” in view of Kaforey et al. (U.S. PGPub. No. 2017/0209305) herein referred to as “Kaforey” further in view of Finch et al. (U.S. PGPub. No. 2018/0064594) herein referred to as “Finch”.
Regarding claim 25, Youngblood discloses a pad for targeted temperature management ("TTM"), comprising:
a multilayered pad cover including (mattress pad 11, Paragraph [0078], Figure 1):
a flexible outer layer (the waterproof material is covered on the exterior surfaces with an interlock or knit fabric (i.e., flexible outer layer), Paragraph [0107]);
and an impermeable film between the outer layer and an enclosed space enclosed by the pad cover (the mattress pad includes at least two layers of a waterproof material that are laminated, affixed to each other, adhered to each other etc., wherein the waterproof material is a urethane or a mixture of urethane and ethylene-vinyl acetate (EVA), Paragraph [0106], the first layer of waterproof material is welded to the second layer of waterproof material along a continuous perimeter, creating at least one interior chamber constructed and configured to retain fluid, Paragraph [0106]),
the impermeable film configured to retain a fluid conveyed through the enclosed space (creating at least one interior chamber constructed and configured to retain fluid, Paragraph [0106]);
the pad is configured for placement over a portion of a mattress (mattress pad 11 is configured to be placed over a mattress (i.e., covers a portion of a mattress, the entire mattress), Paragraph [0078], Figure 1),
the pad cover is configured to conform around a limb or body of a patient placed thereon (mattress pad 11 conforms to the body of a patient (i.e., the examiner interprets the use of the phrase “configured to conform around a limb or body of a patient placed thereon” as the mattress pad cover being deformable to conform to the contour or shape of a limb or body of a patient placed on the mattress pad), Figure 1, Paragraph [0078]).
However Youngblood does not explicitly disclose wherein the flexible outer layer is formed of a conformable material having a thermal conductivity that increases in accordance with collapsing cells of the conformable material.
Kaforey discloses wherein the flexible outer layer is formed of a conformable material having a thermal conductivity that increases in accordance with collapsing cells of the conformable material (the warming pad 100 comprises a foam body 150 formed from one or more layers of flexible foam materials, such as polyurethane foam, viscoelastic foam, polyurethane foam material comprises collapsing cells which increases the thermal conductivity of the material, Paragraph [0047]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood to incorporate the teachings of Kaforey by including wherein the flexible outer layer is formed of a conformable material having a thermal conductivity that increases in accordance with collapsing cells of the conformable material. The motivation to do so being to aid in positioning a patient (Kaforey, Paragraph [0047]).
Further, Youngblood does not explicitly disclose a plurality of thermally conductive beads loosely packed in the enclosed space to allow the fluid to flow around the beads and wherein the pad cover and the beads are configured to conform around a limb or body of a patient placed thereon and a flow path of the fluid around the beads is contingent upon a position of the limb or body of the patient on the pad.
Finch discloses a moldable mattress (Abstract) comprising a plurality of thermally conductive beads loosely packed in the enclosed space to allow the fluid to flow around the beads (a bladder defining an inner volume 260 holding a plurality of beads 200A, 200B (collectively 200), and filled with a fluid medium 205A, 205B (collectively 205), the plurality of beads may include expanded polyurethane, polyacrylonitrile, etc. (thermally conducting materials), the plurality of beads may include all or any sub-combination of closed-cell, open-cell, and solid bead geometries, Paragraph [0059]),
wherein the pad cover and the bead conform around a limb or body of a patient placed thereon (compliant surface 175 that allows the moldable mattress 105 to conform to the shape of an individual or object placed on the moldable mattress 105, thus when an individual or object rests on the moldable mattress 105, the beads 200 may displace around the individual or object and the compliant surface 175 may further help the moldable mattress mold to the shape of the individual or object, Paragraph [0062]),
and a flow path of the fluid around the beads is contingent upon a position of the limb or body of the patient on the pad (the number and density of beads 200 within the inner volume 260 may be tuned to allow the beads 200 to behave in a fluid manner, freely moving within the casing 250 of the moldable mattress 105 when in the presence of the fluid medium 205, a fluid medium with lubricating properties may be utilized to lubricate the beads, thus the beads will redistribute pressure evenly around a displacing individual or object resting on the moldable mattress 105, Paragraph [0061], in a suspended state the plurality of beads 200B have fluid medium 205B present between individual beads of the plurality of beads 200B allowing the plurality of beads to move freely around each other in the fluid medium 205B, (i.e., the flow path of the fluid around the beads is contingent upon a position of the limb or body of the patient on the pad), Paragraph [0063], Figure 5B).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood in view of Kaforey to incorporate the teachings of Finch by including wherein a plurality of thermally conductive beads loosely packed in the enclosed space to allow the fluid to flow around the beads and wherein the pad cover and the beads are configured to conform around a limb or body of a patient placed thereon and a flow path of the fluid around the beads is contingent upon a position of the limb or body of the patient on the pad. The motivation to do so being to maintain a shape of the displacement by the displacing structure when an actuating volume of the fluid medium is evacuated (Finch, Paragraphs [0023], [0026], [0062]).
Regarding claim 26, Youngblood in view of Kaforey and Finch discloses the pad of claim 25.
Youngblood further discloses wherein the pad comprises one or more inlets configured for charging the enclosed space with the fluid (fluid is delivered to the at least one interior chamber via a fluid supply line 16 that enters the continuous perimeter via an opening sized to sealingly receive the fluid supply line 16, Paragraph [0106], Figure 1).
Regarding claim 27, Youngblood in view of Kaforey and Finch discloses the pad of claim 26.
Youngblood further discloses wherein the pad comprises one or more outlets configured for discharging the fluid from the conduit layer (fluid is removed from the at least one interior chamber via a fluid return line 17 that exits the continuous perimeter via an opening sized to sealingly receive the fluid return line 17, Paragraph [0106], Figure 1).
Regarding claim 30, Youngblood in view of Kaforey and Finch discloses the pad of claim 25.
Youngblood further discloses wherein the outer layer is a thin layer of breathable fabric (the waterproof material is covered on the exterior surfaces with an interlock or knit fabric, Paragraph [0107], Paragraph [0130]).
Regarding claim 32, Youngblood in view of Kaforey and Finch discloses the pad of claim 31.
Youngblood discloses wherein the outer layer includes a thin layer of breathable fabric over the conformable material (the waterproof material is covered on the exterior surfaces with an interlock or knit fabric, Paragraph [0107], Paragraph [0130]).
Regarding claim 35, Youngblood in view of Kaforey and Finch discloses the pad of claim 25
However Youngblood in view of Kaforey does not explicitly disclose wherein the flow path of the fluid through the pad continuously adapts as the patient moves on the pad.
Finch further discloses wherein the flow path of the fluid through the pad continuously adapts as the patient moves on the pad (the number and density of beads 200 within the inner volume 260 may be tuned to allow the beads 200 to behave in a fluid manner, freely moving within the casing 250 of the moldable mattress 105 when in the presence of the fluid medium 205, a fluid medium with lubricating properties may be utilized to lubricate the beads, thus the beads will redistribute pressure evenly around a displacing individual or object resting on the moldable mattress 105, Paragraph [0061], in a suspended state the plurality of beads 200B have fluid medium 205B present between individual beads of the plurality of beads 200B allowing the plurality of beads to move freely around each other in the fluid medium 205B, (i.e., the flow path of the fluid around the beads continuously adapts as the patient moves), Paragraph [0063], Figure 5B).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood in view of Kaforey and Finch to incorporate the teachings of Finch by including wherein the flow path of the fluid through the pad continuously adapts as the patient moves on the pad. The motivation to do so being allow for the beads to redistribute pressure evenly around a displacing individual or object resting on the moldable mattress (Finch, Paragraphs [0023], [0026], [0061], [0062]).
Regarding claim 36, Youngblood in view of Kaforey and Finch discloses the pad of claim 25.
Youngblood further discloses wherein the pad is configured for inducing therapeutic hypothermia with chilled fluid as the fluid (the predefined programs 740 are general sleep settings for various conditions or body types, in one embodiment a weight loss predefined program sets a surface temperature at a very cold setting to increase a metabolic response, temperature settings are automatically adjusted to be as cold as tolerable by the user, Paragraphs [0165], [0166], (seen as configured to be able to induce hypothermia as the fluid can be chilled), wherein thermoelectric cooling modules 33A-33D to cool the fluid inside the reservoir 22 to a selected (set) temperature, Paragraph [0081], [0084], [0094], [0101]).
Regarding claim 37, Youngblood discloses a pad for targeted temperature management ("TTM"), comprising:
a multilayered pad cover (mattress pad 11, Paragraph [0078], Figure 1) including:
a flexible outer layer of a breathable fabric over a conformable material (the waterproof material is covered on the exterior surfaces with an interlock or knit fabric (i.e., flexible outer layer), Paragraph [0107]),
wherein the outer layer is configured to press against skin of a limb of a patient placed on the pad (mattress pad 11 conforms to the body of a patient (i.e., the examiner interprets the use of the phrase “configured to conform around a limb or body of a patient placed thereon” as the mattress pad cover being deformable to conform to the contour or shape of a limb or body of a patient placed on the mattress pad), Figure 1, Paragraph [0078]);
and an impermeable film between the outer layer and an enclosed space enclosed by the pad cover (the mattress pad includes at least two layers of a waterproof material that are laminated, affixed to each other, adhered to each other etc., wherein the waterproof material is a urethane or a mixture of urethane and ethylene-vinyl acetate (EVA), Paragraph [0106], the first layer of waterproof material is welded to the second layer of waterproof material along a continuous perimeter, creating at least one interior chamber constructed and configured to retain fluid, Paragraph [0106]),
wherein the impermeable film is configured to retain a fluid conveyed through the enclosed space (creating at least one interior chamber constructed and configured to retain fluid, Paragraph [0106]),
one or more inlets configured for charging the encloses space with the fluid (fluid is delivered to the at least one interior chamber via a fluid supply line 16 that enters the continuous perimeter via an opening sized to sealingly receive the fluid supply line 16, Paragraph [0106], Figure 1);
and one or more outlets configured for discharging the fluid from the enclosed space (fluid is removed from the at least one interior chamber via a fluid return line 17 that exits the continuous perimeter via an opening sized to sealingly receive the fluid return line 17, Paragraph [0106], Figure 1),
wherein the pad is configured for placement over a portion of a mattress (mattress pad 11 is configured to be placed over a mattress (i.e., covers a portion of a mattress, the entire mattress), Paragraph [0078], Figure 1).
However Youngblood does not explicitly disclose wherein the flexible outer layer is formed of a conformable material having a thermal conductivity that increases in accordance with collapsing cells of the conformable material.
Kaforey discloses wherein the flexible outer layer is formed of a conformable material having a thermal conductivity that increases in accordance with collapsing cells of the conformable material (the warming pad 100 comprises a foam body 150 formed from one or more layers of flexible foam materials, such as polyurethane foam, viscoelastic foam, polyurethane foam material comprises collapsing cells which increases the thermal conductivity of the material, Paragraph [0047]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood to incorporate the teachings of Kaforey by including wherein the flexible outer layer is formed of a conformable material having a thermal conductivity that increases in accordance with collapsing cells of the conformable material. The motivation to do so being to aid in positioning a patient (Kaforey, Paragraph [0047]).
Further, Youngblood does not explicitly disclose wherein the pad comprises a plurality of thermally conductive beads loosely packed in the enclosed space to allow the fluid to flow around the beads, wherein the pad cover and the beads are configured to conform around the limb or body of the patient placed thereon, and a flow path of the fluid around the beads is contingent upon and continuously adaptable to a position of the limb or body of the patient on the pad as the patient moves on the pad.
Finch discloses a moldable mattress (Abstract) comprising a plurality of thermally conductive beads loosely packed in the enclosed space to allow the fluid to flow around the beads (a bladder defining an inner volume 260 holding a plurality of beads 200A, 200B (collectively 200), and filled with a fluid medium 205A, 205B (collectively 205), the plurality of beads may include expanded polyurethane, polyacrylonitrile, etc. (thermally conducting materials), the plurality of beads may include all or any sub-combination of closed-cell, open-cell, and solid bead geometries, Paragraph [0059],
wherein the pad cover and the beads are configured to conform around the limb or body of the patient placed thereon (compliant surface 175 that allows the moldable mattress 105 to conform to the shape of an individual or object placed on the moldable mattress 105, thus when an individual or object rests on the moldable mattress 105, the beads 200 may displace around the individual or object and the compliant surface 175 may further help the moldable mattress mold to the shape of the individual or object, Paragraph [0062]),
and a flow path of the fluid around the beads is contingent upon and continuously adaptable to a position of the limb or body of the patient on the pad as the patient moves on the pad (the number and density of beads 200 within the inner volume 260 may be tuned to allow the beads 200 to behave in a fluid manner, freely moving within the casing 250 of the moldable mattress 105 when in the presence of the fluid medium 205, a fluid medium with lubricating properties may be utilized to lubricate the beads, thus the beads will redistribute pressure evenly around a displacing individual or object resting on the moldable mattress 105, Paragraph [0061], in a suspended state the plurality of beads 200B have fluid medium 205B present between individual beads of the plurality of beads 200B allowing the plurality of beads to move freely around each other in the fluid medium 205B, (i.e., the flow path of the fluid around the beads is contingent upon a position of the limb or body of the patient on the pad), Paragraph [0063], Figure 5B).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood in view of Kaforey to incorporate the teachings of Finch by including wherein plurality of thermally conductive beads loosely packed in the enclosed space to allow the fluid to flow around the beads, wherein the pad cover and the beads are configured to conform around the limb or body of the patient placed thereon, and a flow path of the fluid around the beads is contingent upon and continuously adaptable to a position of the limb or body of the patient on the pad as the patient moves on the pad. The motivation to do so being to maintain a shape of the displacement by the displacing structure when an actuating volume of the fluid medium is evacuated (Finch, Paragraphs [0023], [0026], [0062]).
Regarding claim 38, Youngblood in view of Kaforey and Finch discloses the pad of claim 25.
However Youngblood does not explicitly disclose wherein collapsing of the collapsing cells expels air from the cells thereby increasing the thermal conductivity of the conformable material.
Kaforey discloses wherein collapsing of the collapsing cells expels air from the cells thereby increasing the thermal conductivity of the conformable material (the warming pad 100 comprises a foam body 150 formed from one or more layers of flexible foam materials, such as polyurethane foam, viscoelastic foam, polyurethane foam material comprises collapsing cells that expel air which increases the thermal conductivity of the material, Paragraph [0047]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood in view of Kaforey and Finch to incorporate the teachings of Kaforey by including wherein collapsing of the collapsing cells expels air from the cells thereby increasing the thermal conductivity of the conformable material. The motivation to do so being to aid in positioning a patient (Kaforey, Paragraph [0047]).
.
Regarding claim 39, Youngblood in view of Kaforey and Finch discloses pad of claim 25.
However Youngblood does not explicitly disclose wherein the conformable material includes a viscoelastic or low-resilience polyurethane foam.
Kaforey discloses wherein the conformable material includes a viscoelastic or low-resilience polyurethane foam (the warming pad 100 comprises a foam body 150 formed from one or more layers of flexible foam materials, such as polyurethane foam, viscoelastic foam, in some examples a viscoelastic pad formed from viscoelastic polyurethane will have one or more of the following mechanical properties: a ball rebound in the range of approximately 0.1 percent to approximately 1.9 percent; a compression set (22 hrs@ 70° C.), for a 25 percent compression, of less than 0.5 percent (ASTM D-3574); an air flow in the range of 0.3 to 1.0 cubic foot per minute (ASTM D-3574); an indentation force deflection in the range of approximately 10 to approximately 15 pounds, and preferably about 11 pounds (ASTM D-3574); a tensile strength in the range of approximately 8 pounds per square inch to approximately 12 pounds per square inch; a coefficient of static friction in the range of 0.2 to 1.0; and a density in the range of approximately 83 kilograms per cubic meter to approximately 103 kilograms per cubic meter, and preferably about 93 kilograms per cubic meter (ASTM D-3574), Paragraph [0047]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood in view of Kaforey and Finch to incorporate the teachings of Kaforey by including wherein the conformable material includes a viscoelastic or low-resilience polyurethane foam. The motivation to do so being to aid in positioning a patient (Kaforey, Paragraph [0047]).
Regarding claim 40, Youngblood in view of Kaforey and Finch discloses pad of claim 37.
However Youngblood does not explicitly disclose wherein collapsing of the collapsing cells expels air from the cells thereby increasing the thermal conductivity of the conformable material.
Kaforey discloses wherein collapsing of the collapsing cells expels air from the cells thereby increasing the thermal conductivity of the conformable material (the warming pad 100 comprises a foam body 150 formed from one or more layers of flexible foam materials, such as polyurethane foam, viscoelastic foam, polyurethane foam material comprises collapsing cells that expel air which increases the thermal conductivity of the material, Paragraph [0047]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood in view of Kaforey and Finch to incorporate the teachings of Kaforey by including wherein collapsing of the collapsing cells expels air from the cells thereby increasing the thermal conductivity of the conformable material. The motivation to do so being to aid in positioning a patient (Kaforey, Paragraph [0047]).
Regarding claim 41, Youngblood in view of Kaforey and Finch discloses pad of claim 37.
However Youngblood does not explicitly disclose wherein the conformable material includes a viscoelastic or low-resilience polyurethane foam.
Kaforey discloses wherein the conformable material includes a viscoelastic or low-resilience polyurethane foam (the warming pad 100 comprises a foam body 150 formed from one or more layers of flexible foam materials, such as polyurethane foam, viscoelastic foam, in some examples a viscoelastic pad formed from viscoelastic polyurethane will have one or more of the following mechanical properties: a ball rebound in the range of approximately 0.1 percent to approximately 1.9 percent; a compression set (22 hrs@ 70° C.), for a 25 percent compression, of less than 0.5 percent (ASTM D-3574); an air flow in the range of 0.3 to 1.0 cubic foot per minute (ASTM D-3574); an indentation force deflection in the range of approximately 10 to approximately 15 pounds, and preferably about 11 pounds (ASTM D-3574); a tensile strength in the range of approximately 8 pounds per square inch to approximately 12 pounds per square inch; a coefficient of static friction in the range of 0.2 to 1.0; and a density in the range of approximately 83 kilograms per cubic meter to approximately 103 kilograms per cubic meter, and preferably about 93 kilograms per cubic meter (ASTM D-3574), Paragraph [0047]).
It would have been prima facie obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention to have modified Youngblood in view of Kaforey and Finch to incorporate the teachings of Kaforey by including wherein the conformable material includes a viscoelastic or low-resilience polyurethane foam. The motivation to do so being to aid in positioning a patient (Kaforey, Paragraph [0047]).
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 Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached on (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.S./Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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