DETAILED ACTION
Acknowledgements
This office action is in response to the claims filed September 12, 2025.
Claim 1 is pending
Claims 2-26 are cancelled
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 Amendment
Claim 1 remains pending
Claim Rejection - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 is rejected to under 35 U.S.C 101 as not being directed to eligible subject matter the grounds set out in detail below:
Independent Claim 1:
Eligibility Step 1 (does the subject matter fall within a statutory category?): Independent Claim 1 fall within the statutory category of machine
Eligibility Step 2A-1 (does the claim recite an abstract idea, law of nature, or natural phenomenon?): Independent claim 1 claimed invention are directed to a judicial exception.
The claim elements in claim 1 which set forth the abstract idea are:
informs a medical provider of at least one physiologic parameter of a sedated patient during a medical procedure performed in a controlled environment,
detecting multiple physiological parameters of the patient during a medical procedure and generating multiple physiological signals responsive to, and indicative of the multiple physiological parameters
receiving the multiple physiological signals
analyze the multiple physiological signals and to generate multiple environmental control signals based on the multiple physiological signals;
receiving the multiple environmental control signals
provide multiple sensations
provide vibration sensations when the sedated patient physiological parameters are outside of an acceptable range for the sedated patent undergoing the procedural sedation monitoring
wherein the vibration sensations are produced as a result of an impending respiratory or cardiac failure of the sedated patient, and enable the medical provider to initiate one or more corrective actions on the sedated patient as a result of the medical provider being alerted to the impending respiratory or cardiac failure
wherein the multiple physiological parameters include a first physiological parameter of a first type and a second physiological parameter of a second type different from the first type;
which falls within the managing personal behavior or interactions between people within “certain methods of organizing human activity”. as managing the personal behavior of a physician to take correct actions for a patient based on feedback. See MPEP § 2106.04(a)(2).
Eligibility Step 2A-2 (does the claim recite additional elements that integrate the judicial exception into a practical application?): For Independent Claim 1 this judicial exception is not integrated into a practical application.
In Claim 1 the additional elements are:
A procedural sedation monitoring system including a sedated patient monitoring system having multiple patient sensors of a first and second type
a processor assembly including a patient monitoring signal receiver and a patient signal processor
an environmental control assembly comprising multiple environmental control devices of a first and second type
Sensory feedback assembly including a sensory feedback device
Examiner takes the applicable considerations stated in MPEP 2106.04 (d) and analyzes them below in light of the instant applications disclosure and claim elements as a whole.
The additional element, a processor assembly including a sedated patient monitoring signal receiver and a patient signal processor, is performing the abstract idea and stated with a high level of generality as tools to apply the abstract idea.
The additional element, A procedural sedation monitoring system including a sedated patient monitoring system having multiple patient sensors of a first and second type, is recited as “apply-it” as a tool for communicating data
The additional element, an environmental control assembly comprising multiple environmental control devices of a first and second type, is recited as “apply-it” as a tool for gathering and outputting data
The additional element, Sensory feedback assembly including a sensory feedback device, is recited as “apply-it” as a tool for gathering and outputting data
Accordingly, claim 1 does not integrate the abstract idea into a practical application.
Eligibility Step 2B (Does the claim amount to significantly more?): The independent claim 1 does not include additional elements that are sufficient to amount to significantly more than the judicial exception because as analyzed above in step 2A prong 2 above, these additional elements, whether viewed individually or as an ordered combination, amount to no more than applying the abstract idea to collecting, analyzing, and outputting data and thus insufficient to provide “significantly more”. Therefore, the claims do not amount to significantly more and the claims are ineligible.
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.
Independent claim 1 is rejected to under 35 U.S.C. 103 as being unpatentable over Hickle (US2003/0145854A1) in view of Lyon et. al (hereinafter Lyon) (US2014/0085082A1)
As per claim 1, Hickle teaches:
A procedural sedation monitoring system that informs a medical provider …[…]…of at least one physiologic parameter of a sedated patient during a medical procedure performed in a controlled environment, the system comprising:
Abstract discloses, “A care System and associated methods are provided for alleviating patient pain, anxiety and discomfort associated with medical or Surgical procedures. The care System facilitates a procedural clinicians Safely and efficaciously providing Sedation and analgesia and in Some measure, amnesia to a patient by providing a responsiveness monitoring System which monitors the responsiveness of the patient and generates a value representing the level of patient responsiveness. In further aspects of the invention, the responsiveness monitoring System is an automated System which includes patient query and response devices. Additional embodiments of the System and methods are directed to alleviating patient pain or discomfort while enabling Safe drug delivery (automated, clinician-controlled or patient controlled) in correlation with the monitoring of patient health conditions.”
[0130] discloses, “A preferred embodiment of one aspect of the invention integrates drug delivery with one or more basic patient monitoring Systems. These Systems interface with the patient and obtain electronic feedback information regarding the patient's physiological condition. Referring to FIG. 11, a first patient monitoring System includes one or more patient health monitors 252 which monitor a patient's physiological conditions.”
a sedated patient monitoring system having multiple patient sensors disposed in operative engagement with the sedated patient, the multiple patient sensors detecting multiple physiological parameters of the patient during a medical procedure and generating multiple physiological signals responsive to, and indicative of the multiple physiological parameters;
[0132] discloses, “Such monitors can include a known pulse oximeter 258 (e.g., an Ohmeda 724) which measures a patient's arterial oxygen Saturation and heart rate via an infra-red diffusion Sensor, a known capnometer 184 (e.g., a Nihon Kohden S5i2) which measures the carbon dioxide levels in a patient's inhalation/exhalation Stream via a carbon dioxide Sensor and also measures respiration rate; and a known non-invasive blood pressure monitor 262 (e.g., a Criticon First BP) which measures a patient's systolic, diastolic and mean arterial blood pressure and heart rate by means of an inflatable cuff and air pump. A care System constructed in accordance with this invention may include one or more of Such patient health monitors. Additional integrated patient health monitors may also be included, Such as, for example, a measure of the flow in a patient's airstream, IPG ventilatory monitoring, a Standard electro cardiogram (EKG) which monitors the electrical activity in a patient's cardiac cycle, an electroencephalograph (EEG) which measures the electrical activity of a patient's brain, and an acoustical monitor whose audio Signals may be processed and provided to controller 14 and amplified and played audibly.”
a processor assembly including a patient monitoring signal receiver for receiving the multiple physiological signals from the one or more sensors; “(“electronic controller compares electronic feedback Signals representing the patient's actual physiological condition including level of consciousness,”)
[0036] discloses, “A programmable, microprocessor-based electronic controller compares the electronic feedback signals generated from the patient health monitor and representing the patient's actual physiological condition with a Stored Safety data Set reflecting Safe and undesirable parameters of at least one patient physiological condition and manages the application or delivery of the drug to the patient in accord with that comparison.”
[0037] discloses, “In this aspect, an electronic controller receives instruction Signals generated from the System monitor and conservatively controls (i.e., curtails or ceases) drug delivery in response thereto In a preferred embodiment, this is accomplished through Software control of the electronic controller whereby the Software accesses a Stored data Set reflecting Safe and undesirable parameters of at least one operating condition of the care System, effects a comparison of the Signal generated by the System State monitor with the Stored data Set of parameters and controls drug delivery in accord with Same, curtailing or ceasing drug delivery if the monitored System State is outside of a safe range.”
[0039] discloses, “A microprocessor-based electronic controller compares electronic feedback Signals representing the patient's actual physiological condition including level of consciousness, with a Stored Safety data set of parameters reflecting patient physiological conditions (including consciousness level), and manages the delivery of the drug in accord with that comparison while ensuring the patient's consciousness. In additional aspects of the invention the automated consciousness monitoring System includes a patient Stimulus or query device and a patient initiate response device”
the processor assembly further comprising a patient signal processor to analyze multiple physiological signals and to generate multiple environmental control signals based on the multiple physiological signals; (e.g. aural sounds based on physiological changes in patient / can include more than one type of stimulus)
[0091] discloses, “Peripheral devices 22 Such as door and temperature Sensors, among others, communicate electronically with controller 14 to ensure the proper, Safe and Secure operation of care System 10.”
[0134] discloses, “The stimuli produced by the query initiate devices 264 may be tactile, Visual, or aural. Each event may comprise a single or more than one type of Stimulus. One device may produce any or all of the possible stimuli or the ACQ system 256 may utilize different devices, wherein each is designated for producing a particular type of Stimulus. Tactile Stimuli may include one or more of Vibrations, electrical pulses, pressure changes, pinpricks, pinching or temperature changes. Aural Stimuli may include certain Sounds, tones, musical Samples, or Verbal messages and are preferably produced by devices that are placed on or near the patient's ears.”
[0137] discloses, “The devices may also or may instead detect patient response actions indirectly where those actions are actions not directly on the device. Indirect responses may include audible Sounds, Such as Verbal responses detected by a microphone or pressure transducer, motion by any portion of the patient's body as detected by a motion sensor, or physiological changes (heart rate, blood pressure, brain activity, or the like) the aspects of which are indicative of a patient response.”)
And an environmental control assembly (Fig. 1 apparatus, 10 / interpreted as equivalent to a unit with control devices which operates environmental aspect of operational settings) comprising multiple environmental control devices (“variety of peripheral electronic devices….” / includes ambient temperature sensor, 193 or query initiate devices 264 such as aural device e.g.) in communication with the processor assembly (e.g. communicates with electronic controller, 14 as the temperature sensor, 193 is onboard the controller and this controller has microprocessor) and for receiving the multiple environmental control signals transmitted by the processor assembly; wherein the multiple environmental control signals control operation of the multiple environmental control devices (additional e.g. given of aural devices for operating the aural response)
[0205] discloses, “A preferred embodiment of the invention includes a variety of peripheral electronic devices, one group internal to or integrated within housing 15 of apparatus 10 (e.g., FIG. 1) and a second group on-board electronic controller 14. These electronic devices ensure proper operation of various aspects of System 10, including providing hardware Status feedback through Sensors to ensure that the apparatus is operating within its desired parameters. FIGS. 19A and 19B describe various peripheral devices in accordance with the invention, such devices may be of a known, off-the-shelf types currently available. …[..]… On-board ambient temperature Sensor 193 monitors the exterior temperature Signaling same to controller 14 which through Software comparison type protocols confirms that apparatus 10 is being operated under desired conditions with respect to Surrounding temperature.”
[0144] discloses, “An aural query initiate device 264 may be included in a headset that is placed near or on a patient's head So as to position the Stimulus device near the patient's ears. The query initiate device 264 may be an electrical or pneumatic Speaker and is connected to an electrical wire or pneumatic tube that transmits an audible stimulus at the direction of the controller 14.”
[0134] discloses, “The stimuli produced by the query initiate devices 264 may be tactile, Visual, or aural. Each event may com prise a single or more than one type of Stimulus. One device may produce any or all of the possible stimuli or the ACQ system 256 may utilize different devices, wherein each is designated for producing a particular type of Stimulus. Tactile Stimuli may include one or more of Vibrations, electrical pulses, pressure changes, pinpricks, pinching or temperature changes.”
to cause the multiple environmental control devices to provide vibration sensations when the sedated patient physiological parameters are outside of an acceptable range for the sedated patient undergoing the procedural sedation monitoring;…[…]…
[0129] discloses, “Generally, if any monitored patient parameter falls outside a normal range (which may be preset by the user or otherwise preprogrammed and Stored in memory device as described above), the nonanesthetist is immediately alerted, for example, by an alarm, display or other attention-commanding device. The information obtained from patient health monitors 252 is displayed on a display device 35 (FIG. 2), in, for example, continuous wave form or numerics on LEDs, thus allowing the procedural physician to immediately gain useful information by reviewing the display device.”)
[0131] discloses, “The ACQ system 256 comprises one or more query initiate devices 264, and one or more query response devices 266, as well as communication connections between each of these components. ACO system 256 is electronically coupled to electronic controller 14 and the Signals generated by ACQ System 256 are Suitably converted (e.g., employing an A-D converter) and thereby provided to controller 14. Preferably, an interface is also provided for clinicians to interact with the ACQ system 256 and to control it. Clinicians may select to operate many of the ART functions manually or allow the ACQ system 256 to automatically control the functions. The ACQ system 256 may use the results of an ART to assess a patient's level of consciousness or responsiveness by the procedure described below. The knowledge of the level of a patient's consciousness or responsiveness may then be used to initiate, cease, or modify the functions of the care system 10.”)
[0134] discloses, “The stimuli produced by the query initiate devices 264 may be tactile, Visual, or aural. Each event may comprise a single or more than one type of Stimulus. One device may produce any or all of the possible stimuli or the ACQ system 256 may utilize different devices, wherein each is designated for producing a particular type of Stimulus. Tactile Stimuli may include one or more of Vibrations, electrical pulses, pressure changes, pinpricks, pinching or temperature changes. The devices producing Such stimuli are preferably placed near or on the patient's Skin or are held by the patient in his or her hand. Visual stimuli may include one or more of Sequences of images or text or simply pulses or patterns of light. The devices producing Such Stimuli are preferably placed near or on a patient's eyes. Aural Stimuli may include certain Sounds, tones, musical Samples, or Verbal messages and are preferably produced by devices that are placed on or near the patient's ears.’
[0151] discloses, “Also upon a failed ART response, an auditory message may be played to the clinician upon the first failure. The same auditory message may be played upon Successive ART failures, but to reduce annoyance and redundant information, it is preferably only played after the system first records an ART response failure. This auditory message may be in the form of a verbal message Such as “Loss of Patient Response' or may be another sound suggestive to the clinician that the patient has failed to respond to a query…[…]… If the clinician has designated the ART mode for a prompted manual check of the patient, a message will be displayed at each normal or altered interval which alerts the clinician to assess the patient's condition”
…[…]…wherein the multiple patient sensors include a first sensor of a first type and a second sensor of a second type different from the first type;
[0130] discloses, “A preferred embodiment of one aspect of the invention integrates drug delivery with one or more basic patient monitoring Systems. These Systems interface with the patient and obtain electronic feedback information regarding the patient's physiological condition. Referring to FIG. 11, a first patient monitoring System includes one or more patient health monitors 252 which monitor a patient's physiological conditions. Such monitors can include a known pulse oximeter 258 (e.g., an Ohmeda 724) which measures a patient's arterial oxygen Saturation and heart rate via an infra-red diffusion Sensor, a known capnometer 184 (e.g., a Nihon Kohden S5i2) which measures the carbon dioxide levels in a patient's inhalation/exhalation Stream via a carbon dioxide Sensor and also measures respiration rate; and a known non-invasive blood pressure monitor 262 (e.g., a Criticon First BP) which measures a patient's systolic, diastolic and mean arterial blood pressure and heart rate by means of an inflatable cuff and air pump. A care System constructed in accordance with this invention may include one or more of Such patient health monitors. Additional integrated patient health monitors may also be included, Such as, for example, a measure of the flow in a patient's airstream, IPG ventilatory monitoring, a Standard electro cardiogram (EKG) which monitors the electrical activity in a patient's cardiac cycle, an electroencephalograph (EEG) which measures the electrical activity of a patient's brain, and an acoustical monitor whose audio Signals may be processed and provided to controller 14 and amplified and played audibly.”
wherein the multiple physiological parameters include a first physiological parameter of a first type and a second physiological parameter of a second type different from the first type;
[0132] discloses, “Such monitors can include a known pulse oximeter 258 (e.g., an Ohmeda 724) which measures a patient's arterial oxygen Saturation and heart rate via an infra-red diffusion Sensor, a known capnometer 184 (e.g., a Nihon Kohden S5i2) which measures the carbon dioxide levels in a patient's inhalation/exhalation Stream via a carbon dioxide Sensor and also measures respiration rate; and a known non-invasive blood pressure monitor 262 (e.g., a Criticon First BP) which measures a patient's systolic, diastolic and mean arterial blood pressure and heart rate by means of an inflatable cuff and air pump. A care System constructed in accordance with this invention may include one or more of Such patient health monitors. Additional integrated patient health monitors may also be included, Such as, for example, a measure of the flow in a patient's airstream, IPG ventilatory monitoring, a Standard electro cardiogram (EKG) which monitors the electrical activity in a patient's cardiac cycle, an electroencephalograph (EEG) which measures the electrical activity of a patient's brain, and an acoustical monitor whose audio Signals may be processed and provided to controller 14 and amplified and played audibly.”
and wherein the multiple environmental control devices include a first environmental control devices of a first type and a second environmental control device of a second type different from the first type (e.g. tactile device and aural device)
[0194] discloses, “In another aspect of the invention, visual display 35 (FIG. 1) may be removably integrated into the top surface of housing 15 and capable of being removed from housing 15 and affixed to a frame near the patient, Such as a gurney rail or examination table. Alternatively, or in addition thereto, a heads-up type visual display device is provided to facilitate a nonanesthetist's involvement in the medical or Surgical procedure while Simultaneously being able to view the Status of System and patient monitored values and the details of alarm States. In this case, the display device is miniaturized and mounted onto a wearable headset or eye glass-type mount or mounted on an easily viewed wall display.”
See also [0142]-[0144]
However, Hickle does not teach the underlined portions:
A procedural sedation monitoring system that informs a medical provider wearing a sensory feedback device of at least one physiologic parameter of a sedated patient during a medical procedure performed in a controlled environment, the system comprising
wherein the vibration sensations are produced by the sensory feedback device worn by the medical provider as a result of an impending respiratory or cardiac failure of the sedated patient, and enable the medical provider to initiate one or more corrective actions on the sedated patient as a result of the medical provider being alerted to the impending respiratory or cardiac failure by the sensory feedback device being worn by the medical provider;
However, Lyon does teach the underlined portion:
A procedural sedation monitoring system that informs a medical provider wearing a sensory feedback device (Fig. 1, 110 “wristband” and 116, “caregivers wrist” / interpreted as a harness worn by medical provider), of at least one physiologic parameter of a sedated patient during a medical procedure performed in a controlled environment, the system comprising
[0024] discloses, “The remote patient monitor 110 may include a haptic motor that conveys information to the caregiver in the form of "mimicked' sensory feedback from the patient.”
[0010] discloses, “In some embodiments, the remote patient monitor includes a sensory feedback, Such as haptic feedback, guiding a rescuer, dictating the rate via metronome, and/or notifying of elapsed time in Cardiopulmonary Resuscitation (CPR). The remote patient monitor further may include haptic feedback mechanism in bag valve mask (BVM). The remote patient monitor is, in one example, configured to differentiate haptic sensation to the wearer/rescuer to signify that a two minute cycle has elapsed, and further to detect ventricular fibrillation (VF) or shockable rhythm, ST-elevation, ROSC (Return of Spontaneous Circulation), apnea, desaturation, etc.”
[0023] discloses, “In certain embodiments, the alarm (s) that is(are) received by the remote patient monitor 110 include one or more of vibrate (e.g., tactile/haptic alarm), light up, and/or an audible noise. In particular embodiments, the remote patient monitor 110 only vibrates as determined by the main patient monitor 108.”
[0026] discloses, “Other haptic signals may include use of different frequencies, duty cycles, sensations (vibration, taps, squeeze, etc.) to communicate different information.”
wherein the vibration sensations are produced by the sensory feedback device worn by the medical provider as a result of an impending respiratory or cardiac failure of the sedated patient, and enable the medical provider to initiate one or more corrective actions on the sedated patient as a result of the medical provider being alerted to the impending respiratory or cardiac failure by the sensory feedback device being worn by the medical provider;
[0024] discloses, “The remote patient monitor 110 may include a haptic motor that conveys information to the caregiver in the form of "mimicked' sensory feedback from the patient.”
[0010] discloses, “In some embodiments, the remote patient monitor includes a sensory feedback, Such as haptic feedback, guiding a rescuer, dictating the rate via metronome, and/or notifying of elapsed time in Cardiopulmonary Resuscitation (CPR). The remote patient monitor further may include haptic feedback mechanism in bag valve mask (BVM). The remote patient monitor is, in one example, configured to differentiate haptic sensation to the wearer/rescuer to signify that a two minute cycle has elapsed, and further to detect ventricular fibrillation (VF) or shockable rhythm, ST-elevation, ROSC (Return of Spontaneous Circulation), apnea, desaturation, etc.”
[0023] discloses, “In certain embodiments, the alarm (s) that is(are) received by the remote patient monitor 110 include one or more of vibrate (e.g., tactile/haptic alarm), light up, and/or an audible noise. In particular embodiments, the remote patient monitor 110 only vibrates as determined by the main patient monitor 108.”
[0026] discloses, “Other haptic signals may include use of different frequencies, duty cycles, sensations (vibration, taps, squeeze, etc.) to communicate different information.”
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Hickle’s teachings of an integrated feedback interface system with health monitors as previously cited with Lyon’s teachings of a clinician wearable health monitor since Hickle does disclose having an embodiment of a wearable device for a caregiver to help monitor the patients feedback during a procedure ([0194]) and also discloses the criticality of audible alarms and the ability of the caregiver to have those alarms readily available to immediately view ([0195]) and Lyons merely teaches a different type of wearable such as a harness (wristband) for the same overall purpose as Hickle as cited above. Both Hickle and Lyons also describe issues with the current technology being inadequate quality of monitoring readily available to the caregiver (Hickle ([0010-0012]) and Lyon ([0002-0006]) therefore it would be obvious to combine the wearable wristband of Lyon with the overall health monitoring system of Hickle as it would only improve the overall quality of monitoring readily available to a caregiver during a procedure, allow the caregiver to have a clear view of the condition of the patient even if not readily in view of a mounted monitor giving mobility during a procedure, and allow the caregiver to receive signals from various physiological parameters during the procedure in one singular spot.
Response to Arguments Regarding 35 U.S.C § 101 Rejection
The applicant provides no arguments on argues on remarks page 1. Regardless, examiner notes the previous arguments in correspondence dated 03/12/2025 still applies to the amended claims. Therefore examiner maintains the 35 U.S.C § 101 Rejection
Response to Arguments Regarding 35 U.S.C § 102/103 Rejections
Applicant remarks provides no further argument with legal basis on page 1 of remarks therefore examiner maintains the 35 U.S.C § 102/103 rejections.
Prior Art Cited But Not Relied Upon
Brost et. al - US20120270197
Physiology simulation garments, systems including physiology simulation garments, and methods of using the same are described herein.
MacDonald - US20160179460A1
An integrated and reactive music control system designed for silencing music in an operating room during critical events. The preferred system contains a music input, a hardware interface to integrate real-time patient physiologic data, a 1-1. Software application to process the data, a user interface, and a music output, any portion or all of which may be hardwired or wireless. Through the user interface, medical personnel may adjust pre-set limits on physiologic parameters that indicate abnormality or risk to a particular patient. To reduce ambient noise pollution and permit communication and concentration of the Surgical team, is reduced as a patient’s condition deteriorates. Resulting in additional safety to patients in the operating room, the cessation music may capture the attention of health care professionals who suffer from alarm desensitization. The systems integration includes an anesthesia monitor, but may extend to include a hospital data server and EMR systems.
Provenzano- US20180103859A1
Certain exemplary embodiments can provide an bracelet wearable by a user on a wrist of the user . The bracelet comprises a processor communicatively coupled to an information device of a medical care facility , wherein the information device is constructed to receive and store vital sign information for a plurality of patients of the medical care facility . The processor is constructed to request and receive vital sign information from the information device .
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 Ashley Elizabeth Evans whose telephone number is (571) 270-0110. The examiner can normally be reached Monday – Friday 8:00 AM – 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mamon Obeid can be reached on (571) 270-1813. The fax phone number for the organization where this application or proceeding is assigned 571-273-8300.
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/ASHLEY ELIZABETH EVANS/Examiner, Art Unit 3687
/MAMON OBEID/Supervisory Patent Examiner, Art Unit 3687