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 .
Response to Amendments
The Amendment filed 4/10/2026 has been entered. Claims 1 and 28 were amended, claims 7-9 and 31-32 were canceled, and claims 33-35 were new. Thus, claims 1-6, 10-30, and 33-35 are pending in the application.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the detent of claim 34 must be shown or the feature canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 33 is objected to because of the following informalities: claim 33 recites “at each angular position” in line 3, and is suggested to read --at each of the plurality of angular positions-- in order to ensure proper antecedent basis.
Appropriate correction is required.
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.
Claims 33-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 33, the limitation “a user” in lines 4-5 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “a user” in claim 1. For the purposes of examination, they will be interpreted as the same limitation.
Regarding claim 34, the limitation “restricts” in line 2 is confusing, as this is a method step while the claim is for an apparatus, and thus the scope of the claim is unclear. It is suggested to use claim language such as --configured to-- or --adapted for-- in order to avoid such indefiniteness.
Regarding claim 35, the limitation “relative rotation” in line 5 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “relative rotation” in claim 1. For the purposes of examination, they will be interpreted as the same limitation. Furthermore, the limitation “a plurality of rotary positions relative to the manifold” in lines 8-9 is confusing, as it is unclear whether this limitation is meant to be the same as or different from “a plurality of angular positions relative to the manifold” in claim 1. For the purposes of examination, they will be interpreted as the same limitation.
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.
Claims 1-2, 5, 11-21, 25, 27-29, and 33-35 are rejected under 35 U.S.C. 103 as being unpatentable over Harwood et al. (US 2015/0209541 A1) in view of Price et al. (US 2009/0032026 A1) and Alberici et al. (EP 2 465 564 A1).
Regarding claim 1, Harwood discloses a nasal cannula configured to deliver airflow to a user (nasal cannula for patient respiratory therapy) (abstract; para. [0072]), comprising:
a manifold (manifold 104; alternatively the manifold 104 in combination with frame 62) (Figs. 21-22; para. [0107]);
a connector for attaching a gas tube to the manifold (end of elbow 160 for connecting the supply tube 90 to the manifold 104) (Figs. 21-22; para. [0107]);
a pair of non-sealing nasal prongs extending from the manifold for delivering a supply of gas to the user via the gas tube (nasal delivery elements 82 can be prongs which do not create a complete seal with the nares of the user; nasal delivery elements 82 extend from manifold 104 to deliver air from the supply tube 90 to the user) (Figs. 21-22; para. [0080]; para. [0107]);
wherein the connector is configured to form a swivel connection with the manifold so as to provide relative rotation between the manifold and the gas tube (elbow 160 end pivots about at least one axis relative to the manifold 104/frame 62 when directly coupled to the frame 62) (Figs. 21-22; para. [0107]).
Harwood does not disclose the manifold having a ridge; the connector forming a one-way snap-fit connection with the manifold, the connector including a tapered lip having an edge that contacts the ridge to form the one-way snap-fit connection with the manifold; the swivel connection being arranged to selectively hold the connector in a plurality of angular positions relative to the manifold.
However, Price teaches a mask for delivery of respiratory therapy (Price; abstract) wherein the connector forms a one-way snap-fit connection (swivel coupling 93 permanently attached to the elbow 90 with a snap-fit) (Price; Fig. 7-2; para. [0093]; para. [0097]). Moreover, Alberici teaches a respiratory mask (Alberici; abstract) including the manifold having a ridge (tubular element 20 with an inner lip 22) (Alberici; Figs. 3, 5-8; para. [0019]); the connector including a tapered lip having an edge that contacts the ridge to form the one-way snap-fit connection with the manifold (hollow connector 4 has tapered external lips 31 on long fingers 30 and short fingers 32 with edges to contact the inner lip 22 to connect the hollow connector 4 to the tubular element 20 without moving it transversally out of the tubular element 20) (Alberici; Figs. 4-8; para. [0018]; para. [0020]; para. [0024]; para. [0026]); the swivel connection being arranged to selectively hold the connector in a plurality of angular positions relative to the manifold (hollow connector 4 can be freely rotated to any number of angular positions relative to the tubular element 20 and then selectively locked by a user in a desired angular position after being freely rotated) (Alberici; Figs. 4-8; para. [0018]; para. [0020]; para. [0026]).
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 the Harwood manifold 104/frame 62 and elbow 160 end connector such that the connector forms a one-way snap-fit connection, as taught by Price, for the purpose of preventing separation of the parts (Price; para. [0097]). Moreover, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the modified Harwood device’s manifold 104/frame 62 and the elbow 160 end connector with the Price permanent snap fit connection, such that the manifold has a ridge; the connector forming a one-way snap-fit connection with the manifold, the connector including a tapered lip having an edge that contacts the ridge to form the one-way snap-fit connection with the manifold; the swivel connection being arranged to selectively hold the connector in a plurality of angular positions relative to the manifold, as taught by Alberici, for the purpose of providing a means for allowing the connector to have both a freely rotatable position and a locked position, thereby allowing for both easy and efficient angular positioning as well as limiting the risks of creating gas leaks while sleeping (Alberici; para. [0005]; para. [0018]).
Regarding claim 2, the modified Harwood teaches further comprising an elbow between the swivel connection and the gas tube (the Alberici inner lip 22/external lip 31 feature in the modified Harwood elbow 160 end forms the swivel connection between the Harwood manifold 104/frame 62; the rest of the Harwood elbow 160 is between the Alberici inner lip 22/external lip 31 feature and the Harwood supply tube 90) (Harwood, Figs. 21-22, para. [0107]; Alberici; Figs. 4-8, para. [0026]).
Regarding claim 5, the modified Harwood teaches wherein the swivel connection is configured to provide at least 120 degrees relative rotation (hollow connector is freely rotatable around the axis AA when in the first position of translation, and so would provide 360 degrees of rotation) (Alberici; Figs. 1-8; para. [0018]).
Regarding claim 11, the modified Harwood teaches comprising a pair of opposing straps extending from the manifold (frame 62 has opposing unlabeled arms or straps extending on either side to attach to the headgear 80) (Harwood; Figs. 21-22; para. [0089]).
Regarding claim 12, the modified Harwood teaches wherein the connector attaches to the manifold via an aperture formed in the manifold (hollow connector 4 attaches to the tubular element 20 via its inlet orifice 3) (Alberici; Figs. 4-8; para. [0019]).
Regarding claim 13, the modified Harwood teaches wherein the aperture is located on the manifold between opposing ends of the manifold (in the modified Harwood device, the opening for the swivel elbow end connection would be centrally located between opposing ends of Harwood manifold 104) (Harwood, Figs. 21-22, para. [0107]; Alberici, Figs. 4-8, para. [0019]).
Regarding claim 14, the modified Harwood teaches wherein the connector is configured to be inserted through the aperture (hollow connector 4 is inserted into the inlet orifice 3) (Alberici; Figs. 4-8; para. [0019]).
Regarding claim 15, the modified Harwood teaches wherein the manifold comprises a face mount portion configured to be placed proximate the face of the user (Harwood manifold 104 has a portion on which the nasal delivery elements 82 sit which would be placed proximate the user’s face when in use) (Harwood; Figs. 20-22), and the aperture is on an opposite side of the manifold to the face mount portion (the opening for the elbow 160 end is on the opposite side of the manifold 104) (Harwood; Figs. 21-22; para. [0107]).
Regarding claim 16, the modified Harwood teaches wherein the manifold comprises a rigid manifold structure (manifold 104 is contrasted of relatively rigid material) (Harwood; Figs. 21-22; para. [0091]) and a flexible manifold cover configured to cover at least a portion of the rigid manifold structure (bridge or frame 62 is somewhat flexible; frame 62 covers at least a portion of the manifold 104) (Harwood; Figs. 21-22; para. [0116]).
Regarding claim 17, the modified Harwood teaches wherein the swivel connection has a first connection portion formed in the rigid manifold structure (Alberici tubular element 20 has an end with an outer peripheral border 23 having at least one notch 21 in it; the modified Harwood manifold 104 of rigid material would thus also have that Alberici structure) (Harwood, Figs. 21-22, para. [0091]; Alberici; Figs. 1-8; para. [0019]) and a second connection portion formed in the connector (Alberici hollow connector 4 has an end with a peripheral external surface having an annular ring 33 and an abutment 35; the modified Harwood elbow 160 end would thus also have that Alberici structure) (Harwood, Figs. 21-22; Alberici; Figs. 1-8; para. [0022]).
Regarding claim 18, the modified Harwood teaches wherein the pair of non-sealing nasal prongs are integrally formed with the flexible manifold cover (nasal delivery elements 82 can be permanently secured to the frame 62) (Harwood; Figs. 21-22; para. [0088]).
Regarding claim 19, the modified Harwood teaches wherein the manifold comprises a rigid manifold structure (manifold 104 is contrasted of relatively rigid material) (Harwood; Figs. 21-22; para. [0091]) and a flexible manifold cover configured to cover at least a portion of the rigid manifold structure (bridge or frame 62 is somewhat flexible; frame 62 covers at least a portion of the manifold 104) (Harwood; Figs. 21-22; para. [0116]), and wherein the straps are integrally formed with the flexible manifold cover (frame 62 integrally formed opposing unlabeled arms or straps extending on either side to attach to the headgear 80) (Harwood; Figs. 21-22; para. [0089]).
Regarding claim 20, the modified Harwood teaches wherein the connector comprises a single gas tube port for connecting the manifold to only one gas tube at a time (there is only one supply tube 90 attached to the elbow 160 end, and so there would be one port with which they can fluidly communicate with each other and the manifold 104) (Harwood; Figs. 21-22; para. [0107]).
Regarding claim 21, the modified Harwood teaches wherein the manifold comprises a face mount portion configured to be placed proximate the face of the user, the face mount portion being substantially planar (manifold 104 has a portion on which the nasal delivery elements 82 sit which would be placed proximate the user’s face when in use, and which is substantially flat) (Harwood; Figs. 20-22).
Regarding claim 25, the modified Harwood teaches comprising a gas tube connected to the connector (supply tube 90 connected to the elbow 160 end) (Harwood; Figs. 21-22; para. [0107]).
Regarding claim 27, the modified Harwood teaches comprising a support attached to the gas tube between opposing ends of the gas tube and configured to support a position of the gas tube when the gas tube is manipulated (hose attachment clip 172 can be attached to supply tube 90 between its ends to support the position of the tube 90, which can be manipulated as it is flexible) (Harwood; Figs. 21-22, 31; para. [0087]; para. [0118]).
Regarding claim 28, the modified Harwood teaches the nasal cannula according to claim 1 (see rejection of claim 1 above); and a gas supply configured to supply gas to the user via the gas tube (flow generator 52 supplies gas to the user via the supply tube 90) (Harwood; Figs. 1, 21-22; para. [0087]).
Regarding claim 29, the modified Harwood teaches wherein the nasal cannula further comprises a pair of opposing straps extending from the manifold and wherein the opposing straps are each releasably attached to a patient head band (frame 62 has opposing unlabeled arms or straps extending on either side to releasably attach to the headgear 80 via clips or a hook-and-loop arrangement) (Harwood; Figs. 21-22; para. [0089]).
Regarding claim 33, as best understood, the modified Harwood teaches wherein the swivel connection is configured to allow the connector to be selectively retained at each angular position until a predetermined degree of resistance or torque is applied by a user (hollow connector 4 selectively locked by a user in a desired angular position in a second axial position until the user applies another transversal force to move the hollow connector 4 back into the first axial position) (Alberici; Figs. 1-8; para. [0018]).
Regarding claim 34, as best understood, the modified Harwood teaches wherein the nasal cannula comprises a detent that releasably restricts the angular position of the connector (abutment 35 of the hollow connector 4 lodges in the notch 21 of the tubular element 20 to prohibit angular motion in when the second axial position; when moved back into the first axial position, the hollow connector 4 would be freely rotatable again as its abutment 35 would be out of the notch 21) (Alberici; Figs. 1-8; para. [0018]; para. [0026]).
Regarding claim 35, as best understood, the modified Harwood teaches wherein the manifold comprises a first connection portion (tubular element 20 has an end with an outer peripheral border 23 having at least one notch 21 in it) (Alberici; Figs. 1-8; para. [0019]), the connector comprises a second connection portion (hollow connector 4 has an end with a peripheral external surface having an annular ring 33 and an abutment 35) (Alberici; Figs. 1-8; para. [0022]), and the first connection portion and second connection portion cooperate to form the swivel connection so as to provide relative rotation between the manifold and the gas tube (the tubular element 20 end with an outer peripheral border 23 cooperates with the peripheral external surface on the end of the hollow connector 4 to form the freely rotating connection when in the first axial position, thereby allowing for relative rotation between the tubular element 20 and the hollow connector 4) (Alberici; Figs. 1-8; para. [0018]), and wherein the first connection portion and second connection portion comprise a retainer configured to selectively hold the connector in a plurality of rotary positions relative to the manifold (abutment 35 of the hollow connector 4 lodges in one of the notches 21 of the tubular element 20 to prohibit relative angular motion when in the second axial position, thereby keeping whichever angular position is desired by the user) (Alberici; Figs. 1-8; para. [0026]).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Harwood in view of Price and Alberici as applied to claim 2 above, and further in view of Allan et al. (US 2011/0146685 A1).
Regarding claim 3, the modified Harwood teaches the invention as previously claimed, but is silent on wherein the elbow is configured to redirect gas flow at an angle greater than 30 degrees.
However, Allan teaches a patient interface (Allan; abstract) wherein the elbow is configured to redirect gas flow at an angle greater than 30 degrees (swivel elbow 313 defines an angle between flow in the conduit and to the mask connection of preferably 45 degrees) (Allan; Figs. 3A-3C, 5B-5C; para. [0433]).
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 the Harwood elbow such that the elbow is configured to redirect gas flow at an angle greater than 30 degrees, as taught by Allan, for the purpose of providing the elbow with a specific suitable angle for delivering gas flow to a patient interface.
Regarding claim 4, the modified Harwood teaches wherein the swivel connection has an axis of rotation configured to be substantially normal to a face of the user (swiveling elbow can pivot about an axis perpendicular to connection with mask, and thus perpendicular or normal to the patient’s face) (Allan; Figs. 3A-3C, 5B-5C; para. [0407]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Harwood in view of Price and Alberici as applied to claim 1 above, and further in view of Gunaratnam et al. (US 2005/0241644 A1).
Regarding claim 6, the modified Harwood teaches the invention as previously claimed, bit does not teach wherein the swivel connection is configured to limit the relative rotation to an angle range less than 360 degrees.
However, Gunaratnam teaches a nasal assembly (Gunaratnam; abstract) wherein the swivel connection is configured to limit the relative rotation to an angle range less than 360 degrees (movement of air delivery tube 606 is confined by swivel stops 631, 632 to allow for between 220-300 degrees of rotation) (Gunaratnam; Figs. 7-8; para. [0064-0065]; para. [0069]).
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 the Harwood swivel connection such that the swivel connection is configured to limit the relative rotation to an angle range less than 360 degrees, as taught by Gunaratnam, for the purpose of ensuring undesirable contact between the air delivery tube and the patient is minimized or avoided (Gunaratnam; para. [0065]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Harwood in view of Price and Alberici as applied to claim 1 above.
Regarding claim 10, the modified Harwood teaches the invention as previously claimed, but does not explicitly disclose wherein the gas tube has a substantially constant internal cross-sectional area.
However, Harwood does suggest wherein the gas tube has a substantially constant internal cross-sectional area (as illustrated in Figs. 15, 18, 21-23, the supply tube 90 appears to have a substantially constant internal cross-section area, as no internal section appears to expand outward or taper inward).
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 the Harwood gas tube such that the gas tube has a substantially constant internal cross-sectional area, as suggested by Harwood, for the purpose of helping to ensure the gas flow is delivered to the patient with minimal changes in flow speed and turbulence along the gas tube length.
Claims 22 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Harwood in view of Price and Alberici as applied to claims 1 and 28 above, and further in view of Lewis et al. (US 2007/0175473 A1).
Regarding claim 22, the modified Harwood teaches the invention as previously claimed, but is silent on being configured to deliver a flow rate of less than 100 Standard litres per minute.
However, Lewis teaches a high flow therapy system with a patient interface (Lewis; abstract) wherein it is configured to deliver a flow rate of less than 100 Standard litres per minute (system is adapted to deliver a gas flow between 40-60 liters per minute) (Lewis; para. [0104]).
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 the Harwood device such that it is configured to deliver a flow rate of less than 100 Standard litres per minute, as taught by Lewis, for the purpose of providing the device with a specific flow rate suitable for a patient’s high airflow therapy (Lewis; para. [0104]; claims 12-13).
Regarding claim 30, the modified Harwood teaches wherein the system is configured for high flow oxygen therapy (system is adapted to deliver oxygen with high flow nasal therapy) (Lewis; abstract; para. [0097]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Harwood in view of Price and Alberici as applied to claim 1 above, and further in view of Prentice et al. (US 2014/0174446 A1).
Regarding claim 23, the modified Harwood teaches the invention as previously claimed, but does is silent on wherein the swivel connection is non air-tight.
However, Prentice teaches an interface assembly (Prentice; abstract) wherein the swivel connection is non air-tight (swivel 210 has leakage of 0.05-0.4 L/min at 10 cm H2O) (Prentice; para. [0098]).
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 the Harwood swivel connection mechanism to be non air-tight, as taught by Prentice, for the purpose of providing the device with a minimized leakage between components (Prentice; para. [0091]; para. [0098]) which one of ordinary skill in the art could feasibly consider suitable for a swivel connection of a patient breathing interface.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Harwood in view of Price, Alberici, and Prentice as applied to claim 23 above, and further in view of Lewis.
Regarding claim 24, the modified Harwood teaches the invention as previously claimed, but does not teach wherein the swivel connection is configured to allow gas leakage below 10% at flows of up to 50 Standard litres per minute.
However, Lewis teaches a high flow therapy system with a patient interface (Lewis; abstract) wherein it is configured to deliver flows of up to 50 Standard litres per minute (system is adapted to deliver a gas flow of 40 liters per minute) (Lewis; para. [0104]). Moreover, Prentice already teaches an interface assembly (Prentice; abstract) wherein the swivel connection is configured to allow gas leakage (swivel 210 has leakage of 0.05-0.4 L/min) (Prentice; para. [0098]). The Prentice swivel gas leakage of 0.05-0.4 L/min is below 10% of the Lewis gas flow of 40 L/min.
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 the modified Harwood swivel connection such that the swivel connection is configured to allow gas leakage below 10% at flows of up to 50 Standard litres per minute, as taught by Prentice and Lewis, for the purpose of ensuring the leakage is reduced (Prentice; para. [0098]) while also providing the device with a specific flow rate suitable for a patient’s high airflow therapy (Lewis; para. [0104]; claims 12-13).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Harwood in view of Price and Alberici as applied to claim 25 above, and further in view of Wondka (US 2005/0066976 A1).
Regarding claim 26, the modified Harwood teaches the invention as previously claimed, but does not disclose wherein the gas tube is malleable or comprises a malleable member, such that the gas tube is configured to be deformable and retain a given shape when the gas tube is manipulated.
However, Wondka teaches a nasal ventilation interface (Wondka; abstract) wherein the gas tube is malleable or comprises a malleable member, such that the gas tube is configured to be deformable and retain a given shape when the gas tube is manipulated (interface tubes 32, which deliver ventilation gas to a user, have an integral malleable member; malleable members can be shaped and re-shaped repeatedly by a user) (Wondka; Figs. 5A-5B, 19A-19B; para. [0082]; para. [0103]; para. [0166]; para. [0173]).
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 the Harwood gas tube such that the gas tube is malleable or comprises a malleable member, such that the gas tube is configured to be deformable and retain a given shape when the gas tube is manipulated, as taught by Wondka, for the purpose of allowing the gas tube to be curved optimally to fit a patient’s anatomy (Wondka; para. [0103]).
Response to Arguments
Applicant's arguments filed 4/10/2026 have been fully considered but they are not persuasive.
On page 9 in the “Objections to the Specification” and “Claim Objections” sections of the Applicant’s remarks, the Applicant argues that the abstract and claims have been amended to overcome the objections of the previous office action. The Examiner agrees and has thus withdrawn those objections. However, the newly amended claims have raised a new objection as detailed above.
Applicant’s arguments on pages 9-17 of the Applicant’s remarks with respect to the newly amended claim 1 have been considered but are moot in view of new grounds of rejection with new additional Alberici reference being used in the current rejection as discussed above.
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 JACQUELINE M PINDERSKI whose telephone number is (571)272-7032. The examiner can normally be reached Monday-Friday 7:00-4:00.
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/JACQUELINE M PINDERSKI/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785
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