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 .
Status of the Claims
Claims 1-9 and 11-19 are pending and are subject to this Office Action. Claims 1, 13, and 15 have been amended. Claims 16-19 are newly added.
Response to Amendment
The Examiner acknowledges Applicant’s response filed on 9/11/2025 containing
amendments and remarks to the claims.
Response to Arguments
Applicant's arguments filed 9/11/2025 have been fully considered but they are not persuasive.
On page 8, the Applicant argues that Shafer does not disclose that the chamber inlet opens in a direction away from the aerosol generator as the inlet opens perpendicular to the aerosol generator and therefore still opens in a direction substantially towards the aerosol generator. The Examiner does not find this persuasive because Shafer teaches that the air inlet is downstream of the capillary wick to avoid cooling of the capillary wick during heating cycles [0013]. Therefore, as the air inlet opens in a direction that is above the capillary wick, this is in a direction away from the aerosol generator at the aerosol generation chamber. It is evident that the air inlet opens in a direction away from the aerosol generator in order to avoid cooling the wick as taught by Shafer.
The following is a modified rejection made based on amendments made to the claims.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 8-9, 11, 13 and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Shafer (US2016/0029697).
Regarding claim 1, Shafer discloses:
A smoking substitute apparatus for generating an aerosol (electronic smoking article, 100, figure 1), comprising:
An aerosol generation chamber (aerosol forming chamber 170) containing an aerosol generator (heater 144 and capillary wick 146) being operable to generate an aerosol from a liquid aerosol precursor (liquid material 152), the aerosol generator comprising a wick (capillary wick 146) and a heater (heater 144) configured to generate the aerosol by vaporizing liquid aerosol precursor stored in the wick (figure 1, [0010]-[0011], the liquid material 152 in the outlet end 147 of the capillary wick 146 can be vaporized by the heater 144).
The aerosol generation chamber having a chamber outlet (outlet 162) and at least one chamber inlet (air inlet 160, figure 1, [0010]).
Air flowing in use from said at least one chamber inlet into the aerosol generation chamber towards the chamber outlet to entrain generated aerosol for inhalation by a user drawing on the apparatus ([0012], the supersaturated vapor created can be mixed with and carried in the air flow from the air inlet 160. In the aerosol forming chamber 170, the vapor condenses to form an inhalable aerosol, which is carried towards the outlet 162 and into the mouth of the user).
Wherein, when the apparatus is oriented upright, said at least one chamber inlet is positioned higher than the position of the aerosol generator (as shown in figure 1) and wherein the at least one chamber inlet opens in a direction away from the aerosol generator at the aerosol generation chamber so that substantially all of the airflow entering the aerosol generation chamber is directed away from the aerosol generator ([0013], the air inlets 160 to the mixing chamber 170 are arranged downstream of the capillary wick 146 so as to minimize drawing air along the capillary and thereby avoid cooling of the capillary wick 146 during heating cycles).
Regarding claim 8, Shafer discloses:
Wherein, when the apparatus is oriented upright, the aerosol generation chamber is sealed against air flow into or out of the chamber in a region level with and below the position of the aerosol generation (wherein the air inlets are arranged downstream of the capillary wick [0013], as well as the air outlet 162 as shown in figure 1, and thus airflow into and out of the chamber is above the position of the aerosol generation).
Regarding claim 9, Shafer discloses:
Wherein air flows in use along an air flow path between the chamber inlet and the chamber outlet, and wherein the aerosol generation is arranged to be spaced from the air flow path (figure 1, [0013], the air inlets 160 to the mixing chamber 170 are arranged downstream of the capillary wick 146 so as to minimize drawing air along the capillary).
Regarding claim 11, Shafer discloses:
Wherein the chamber inlet is formed on a sidewall of the aerosol generation chamber at a position in between the aerosol generation and the chamber outlet (as shown in figure 1).
Regarding claim 13, Shafer discloses:
A smoking substitute system for generating an aerosol (electronic smoking article 100, figure 1) comprising:
A smoking substitute apparatus for generating an aerosol (upper portion of electronic smoking article 100 that comprises cartridge 140, figure 1), comprising:
An aerosol generation chamber (aerosol forming chamber 170) containing an aerosol generator (heater 144 and capillary wick 146) being operable to generate an aerosol from a liquid aerosol precursor (liquid material 152), the aerosol generator comprising a wick (capillary wick 146) and a heater (heater 144) configured to generate the aerosol by vaporizing liquid aerosol precursor stored in the wick (figure 1, [0010]-[0011], the liquid material 152 in the outlet end 147 of the capillary wick 146 can be vaporized by the heater 144).
The aerosol generation chamber having a chamber outlet (outlet 162) and at least one chamber inlet (air inlet 160, figure 1, [0010]).
Air flowing in use from said at least one chamber inlet into the aerosol generation chamber towards the chamber outlet to entrain generated aerosol for inhalation by a user drawing on the apparatus ([0012], the supersaturated vapor created can be mixed with and carried in the air flow from the air inlet 160. In the aerosol forming chamber 170, the vapor condenses to form an inhalable aerosol, which is carried towards the outlet 162 and into the mouth of the user).
Wherein, when the apparatus is oriented upright, said at least one chamber inlet is positioned higher than the position of the aerosol generator (as shown in figure 1) and wherein the at least one chamber inlet opens in a direction away from the aerosol generator at the aerosol generation chamber so that substantially all of the airflow entering the aerosol generation chamber is directed away from the aerosol generator ([0013], the air inlets 160 to the mixing chamber 170 are arranged downstream of the capillary wick 146 so as to minimize drawing air along the capillary and thereby avoid cooling of the capillary wick 146 during heating cycles).
A main body (lower portion of housing 110 that contains the power supply 120, figure 1, [0016]) configured to engage with the smoking substitute apparatus (wherein the heater 144 is connected to the electric circuitry 122 via connections not shown [0010]).
The main body comprises a controller (control circuitry 122) and a power source (power supply 120) configured to energize the aerosol generator (the power supply 120 supplies pulses of energy to the heater 144 [0011], and the control circuitry can also include a timer operable to limit the time for which power is supplied to the heater 144 [0021]).
Regarding claim 15, Shafer discloses:
A method of using a smoking substitute apparatus (user drawing on electronic smoking article 100, [0011]), the smoking substitute apparatus comprising:
An aerosol generation chamber (aerosol forming chamber 170) containing an aerosol generator (heater 144 and capillary wick 146) being operable to generate an aerosol from a liquid aerosol precursor (liquid material 152), the aerosol generator comprising a wick (capillary wick 146) and a heater (heater 144) configured to generate the aerosol by vaporizing liquid aerosol precursor stored in the wick (figure 1, [0010]-[0011], the liquid material 152 in the outlet end 147 of the capillary wick 146 can be vaporized by the heater 144).
The aerosol generation chamber having a chamber outlet (outlet 162) and at least one chamber inlet (air inlet 160, figure 1, [0010]).
Air flowing in use from said at least one chamber inlet into the aerosol generation chamber towards the chamber outlet to entrain generated aerosol for inhalation by a user drawing on the apparatus ([0012], the supersaturated vapor created can be mixed with and carried in the air flow from the air inlet 160. In the aerosol forming chamber 170, the vapor condenses to form an inhalable aerosol, which is carried towards the outlet 162 and into the mouth of the user).
Wherein, when the apparatus is oriented upright, said at least one chamber inlet is positioned higher than the position of the aerosol generator (as shown in figure 1) and wherein the at least one chamber inlet opens in a direction away from the aerosol generator at the aerosol generation chamber so that substantially all of the airflow entering the aerosol generation chamber is directed away from the aerosol generator ([0013], the air inlets 160 to the mixing chamber 170 are arranged downstream of the capillary wick 146 so as to minimize drawing air along the capillary and thereby avoid cooling of the capillary wick 146 during heating cycles).
The method comprising: i) generating an aerosol with the aerosol generator ([0011]-[0012], the liquid material 152 in the outlet end 147 of the capillary wick 146 can be vaporized by the heater 144 to create a supersaturated vapor…the vapor condenses to form an aerosol) and ii) drawing on the apparatus to cause air flow to enter the aerosol generation chamber and entrain the generated aerosol ([0011]-[0012], when a user draws on the electronic smoking article 100 at the air outlet 162, ambient air is drawn through air inlet 160… vapor created can be mixed with and carried in the air flow from the air inlet 160…an inhalable aerosol is carried towards the outlet 162 and into the mouth of the user).
Regarding claim 16, Shafer discloses wherein the air flow enters the chamber in a radial direction (as shown in figure 1, air inlet 160 opens in a radial direction of smoking article 100).
Regarding claim 17, Shafer discloses wherein the at least one chamber inlet opens in a direction parallel to the aerosol generator (as shown in figure 1, air inlet 160 opens in a direction parallel to the width of the aerosol generator).
Regarding claim 18, Shafer discloses:
A smoking substitute apparatus for generating an aerosol (electronic smoking article, 100, figure 1), comprising:
An aerosol generation chamber (aerosol forming chamber 170) containing an aerosol generator (heater 144 and capillary wick 146) being operable to generate an aerosol from a liquid aerosol precursor (liquid material 152), the aerosol generator comprising a wick (capillary wick 146) and a heater (heater 144) configured to generate the aerosol by vaporizing liquid aerosol precursor stored in the wick (figure 1, [0010]-[0011], the liquid material 152 in the outlet end 147 of the capillary wick 146 can be vaporized by the heater 144).
The aerosol generation chamber having a chamber outlet (outlet 162) and at least one chamber inlet (air inlet 160, figure 1, [0010]).
Air flowing in use from said at least one chamber inlet into the aerosol generation chamber towards the chamber outlet to entrain generated aerosol for inhalation by a user drawing on the apparatus ([0012], the supersaturated vapor created can be mixed with and carried in the air flow from the air inlet 160. In the aerosol forming chamber 170, the vapor condenses to form an inhalable aerosol, which is carried towards the outlet 162 and into the mouth of the user).
Wherein, when the apparatus is oriented upright, said at least one chamber inlet is positioned higher than the position of the aerosol generator (as shown in figure 1) and wherein the at least one chamber inlet opens in a direction away from the aerosol generator at the aerosol generation chamber so that substantially all of the airflow entering the aerosol generation chamber is directed away and spaced from the aerosol generator ([0013], the air inlets 160 to the mixing chamber 170 are arranged downstream of the capillary wick 146 so as to minimize drawing air along the capillary and thereby avoid cooling of the capillary wick 146 during heating cycles).
Regarding claim 19, Shafer discloses:
A smoking substitute apparatus for generating an aerosol (electronic smoking article, 100, figure 1), comprising:
An aerosol generation chamber (aerosol forming chamber 170) containing an aerosol generator (heater 144 and capillary wick 146) being operable to generate an aerosol from a liquid aerosol precursor (liquid material 152), the aerosol generator comprising a wick (capillary wick 146) and a heater (heater 144) configured to generate the aerosol by vaporizing liquid aerosol precursor stored in the wick (figure 1, [0010]-[0011], the liquid material 152 in the outlet end 147 of the capillary wick 146 can be vaporized by the heater 144).
The aerosol generation chamber having a chamber outlet (outlet 162) and at least one chamber inlet (air inlet 160, figure 1, [0010]).
Air flowing in use from said at least one chamber inlet into the aerosol generation chamber towards the chamber outlet to entrain generated aerosol for inhalation by a user drawing on the apparatus ([0012], the supersaturated vapor created can be mixed with and carried in the air flow from the air inlet 160. In the aerosol forming chamber 170, the vapor condenses to form an inhalable aerosol, which is carried towards the outlet 162 and into the mouth of the user).
Wherein, when the apparatus is oriented upright, said at least one chamber inlet is positioned higher than the position of the aerosol generator (as shown in figure 1) and wherein the at least one chamber inlet opens in a direction away from the aerosol generator at the aerosol generation chamber so that substantially all of the airflow entering the aerosol generation chamber is directed away and spaced from the aerosol generator and the air flow path does not directly impinge upon the heater ([0013], the air inlets 160 to the mixing chamber 170 are arranged downstream of the capillary wick 146 so as to minimize drawing air along the capillary and thereby avoid cooling of the capillary wick 146 during heating cycles).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-3 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shafer (US2016/0029697) as applied to claim 1 above, and further in view of Qiu (US2019/0124996, cited previously).
Regarding claim 2, Shafer further discloses:
The smoking substitute apparatus comprising a housing containing the aerosol generation chamber (upper portion of housing 110, figure 1, [0010]) and a main body of a smoking substitute system (lower portion of housing 110 that contains the power supply 120, figure 1, [0016]).
The heater 144 is connected to the electric circuitry 122 via connections not shown ([0010]).
Shafer is silent to how the heater is connected to the electric circuitry via the connection.
Qiu, directed to an electronic cigarette, teaches:
A housing (main body 31, [0074], figure 14) that contains an aerosol generation chamber (atomizing chamber 50) and an aerosol generator (heating element 39, figure 20, [0092]). The power supply device 41 supplies electric energy to the cartomizer through the two electrode contacts ([0097]).
Wherein one or more electrical contacts are provided on a first end of the housing (second electrode 37 and negative electrode contact 38, [0096]-[0097], as shown in figure 20), and electrically connected with the aerosol generator ([0097]-[0098], “to achieve electrical conduction between the heating element 39, the second electrode 37 and the first electrode”).
Wherein the one or more electrical contacts are configured to engage with corresponding electrical terminals (electrode contacts 45) on a main body (power supply device 41) of a smoking substitute system ([0096]-[0098], figures 11, 16, and 20, “the power supply device 41 is capable to supply electric energy to the cartomizer through the two electrode contacts 45. The second electrode 37, and the negative electrode contact 38 electrically connected to the cartomizer”).
Therefore, as Shafer is silent to how the heater is connected to the electric circuity via the connection, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of electrically connecting an aerosol generator to a power supply with a reasonable expectation of success in the electrical connection suitably powering the aerosol generator. Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the smoking substitute apparatus of Shafer to have electrical contacts on a first end of the housing that are electrically connected with the aerosol generator and are configured to engage with corresponding electrical terminals on the main body of a smoking substitute system as taught by Qiu, because both Shafer and Qui are directed to aerosol generation devices with an aerosol generator electrically connected to a power supply, Qiu teaches this is a way for a power supply to supply electric energy to an aerosol generator, and this merely involves incorporating a known way to electrically connect an aerosol generator to a power supply to a similar aerosol generation device to yield predicable results.
Regarding claim 3, modified Shafer teaches:
Wherein the one or more electrical contacts have an electrically conductive surface (Qiu, the bottom surface of second electrode 37 and negative electrode contact 38 that engages with electrode contacts 45) which extends substantially orthogonally to a longitudinal axis of the housing (Qiu, figure 11, as shown in the modified figure below).
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Modified Figure 1
Regarding claim 6, modified Shafer teaches:
Wherein the one or more electrical contacts are provided on an external surface of the housing (Qiu, as shown in figure 20, second electrode 37 and negative electrode contact 38 are on a bottom external surface of housing 27).
Regarding claim 7, modified Shafer does not appear to explicitly that the electrical contacts are resiliently movable for effecting a secure electrical connection with the corresponding electrical terminals on the main body.
However, Qiu further teaches:
The bottom end 12 is detachably connected to the main body 31 by clamping or screwing. It can be appreciated that the fixed connection, such as clasping connection, is also applicable ([0057]).
The prefabricated cavity 40 is mainly enclosed by the lower end sidewall of the housing 27 and the side wall of the second sealing member 35 for receiving the second electrode 37 and the negative electrode contact 38 ([0120]).
Therefore, as the smoking apparatus and main body of modified Shafer would have a fixed connection to each other, it would be reasonable to expect that the electrical contacts are resiliently movable through this fixed connection and therefore effect a secure electrical connection with the corresponding electrical terminals.
Claim(s) 4-5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shafer (US2016/0029697) as applied to claims 1 and 13 above, and further in view of Li (US2016/0029699).
Regarding claim 4, Shafer further discloses:
The smoking substitute apparatus comprising a housing containing the aerosol generation chamber (upper portion of housing 110, figure 1, [0010]) and a main body of a smoking substitute system (lower portion of housing 110 that contains the power supply 120, figure 1, [0016]).
The heater 144 is connected to the electric circuitry 122 via connections not shown ([0010]).
Shafer is silent to how the heater is connected to the electric circuitry via the connection.
Li, directed to an electronic cigarette, teaches:
A smoking substitute apparatus for generating an aerosol (atomizer 10, figure 1, [0019]) and comprising an aerosol generation chamber (atomizing assembly 15, figure 1, [0019]) comprising an aerosol generator ([0019], heating wire, not labeled).
A housing containing the aerosol generation chamber (main body 14 and holder 16, figure 1, [0017]).
One or more electrical contacts (inner electrode 162 and outer electrode 164) are provided on a side wall of the housing (as shown in figure 1, [0019]), and electrically connected with the aerosol generator ([0019] “Two opposite ends of the heating wire are respectively connected to an inner electrode 162 and an outer electrode 164”).
The one or more electrical contacts are configured to engage with corresponding electrical terminals on a main body of a smoking substitute system ([0019], “The inner electrode 162 and the outer electrode 164 are connected with two electrodes of an external power supply”).
When the atomizer is coupled to the power supply, the power supply feeds the atomizer power ([0022]).
Therefore, as Shafer is silent to how the heater is connected to the electric circuity via the connection, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of electrically connecting an aerosol generator to a power supply with a reasonable expectation of success in the electrical connection suitably powering the aerosol generator. Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the smoking substitute apparatus of Shafer to have electrical contacts on a sidewall of the housing that are electrically connected with the aerosol generator and are configured to engage with corresponding electrical terminals on the main body of the smoking substitute system as taught by Liu, because both Shafer and Liu are directed to aerosol generation devices with an aerosol generator electrically connected to a power supply, Liu teaches this is a way for a power supply to supply electric energy to an aerosol generator, and this merely involves incorporating a known way to electrically connect an aerosol generator to a power supply to a similar aerosol generation device to yield predicable results.
Regarding claim 5, Liu further teaches:
The electrical contacts (162/164) connect with the electrodes of the external power supply through their side surface (as shown in figures 1 and 6), which is substantially parallel to a longitudinal axis of the housing.
Therefore, Shafer in view of Li reads on the claim limitation wherein the one or more electrical contacts have an electrically conductive surface with is substantially parallel to a longitudinal axis of the housing.
Regarding claim 14, Shafer further discloses:
The smoking substitute apparatus comprising a housing containing the aerosol generation chamber (upper portion of housing 110, figure 1, [0010]) and a main body of a smoking substitute system (lower portion of housing 110 that contains the power supply 120, figure 1, [0016]).
The heater 144 is connected to the electric circuitry 122 via connections not shown ([0010]).
Shafer is silent to how the heater is connected to the electric circuitry via the connection.
Li, directed to an electronic cigarette, teaches:
A smoking substitute apparatus for generating an aerosol (atomizer 10, figure 1, [0019]) and comprising an aerosol generation chamber (atomizing assembly 15, figure 1, [0019]) comprising an aerosol generator ([0019], heating wire, not labeled).
A housing containing the aerosol generation chamber (main body 14 and holder 16, figure 1, [0017]).
One or more electrical contacts (inner electrode 162 and outer electrode 164) are provided on a side wall of the housing (as shown in figure 1, [0019]), and electrically connected with the aerosol generator ([0019] “Two opposite ends of the heating wire are respectively connected to an inner electrode 162 and an outer electrode 164”).
The one or more electrical contacts are configured to engage with corresponding electrical terminals on a main body of a smoking substitute system ([0019], “The inner electrode 162 and the outer electrode 164 are connected with two electrodes of an external power supply”).
The electrical terminals on the main body are configured to engage with the one or more electrical contacts by a sliding fit (as shown in figure 6).
When the atomizer is coupled to the power supply, the power supply feeds the atomizer power ([0022]).
Therefore, as Shafer is silent to how the heater is connected to the electric circuity via the connection, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of electrically connecting an aerosol generator to a power supply with a reasonable expectation of success in the electrical connection suitably powering the aerosol generator. Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the smoking substitute apparatus of Shafer to have electrical contacts on a sidewall of the housing that are electrically connected with the aerosol generator and are configured to engage with corresponding electrical terminals on the main body of the smoking substitute system by a sliding fit as taught by Liu, because both Shafer and Liu are directed to aerosol generation devices with an aerosol generator electrically connected to a power supply, Liu teaches this is a way for a power supply to supply electric energy to an aerosol generator, and this merely involves incorporating a known way to electrically connect an aerosol generator to a power supply to a similar aerosol generation device to yield predicable results.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shafer (US2016/0029697) as applied to claims 1 above, and further in view of Wensley (US2014/0190496).
Regarding claim 12, Shafer is silent to the aerosol droplet size.
Wensley, directed to a nicotine aerosol generation device, teaches:
Aerosol particles with an aerodynamic diameter of about 1 µm to about 5 µm can be small enough to reach the deep lung but large enough to gravitationally settle in alveoli, which can result in a rapid PK.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to configure the device of Shafer to generate an aerosol having a droplet size of about 1 µm to about 5 µm as taught by Wensley, because both Shafer and Wensley are directed to nicotine aerosol generation devices, Wensley teaches aerosol particles of this size are small enough to teach the deep lung yet large enough to settle in the alveoli, and this merely involves configuring a device to generate known aerosol particle sizes (i.e. between 1 µm to 5 µm) to a similar aerosol generation device to yield predicable results.
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 Nicole A Szumigalski whose telephone number is (703)756-1212. The examiner can normally be reached Monday - Friday: 8:00 - 4:30 EST.
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755