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 .
Priority
Applicant has not claimed priority to another application. Application 17/743,692 was filed 5/13/2022.
Information Disclosure Statement
The IDSs submitted on 8/9/2022 and 12/18/2023 were previously considered.
Status of Claims
Applicant’s amended claims, filed 3/31/2026, have been entered. Claims 1, 4, 10, 11, 14, 15, 17, and 21-23 have been amended. Claims 6-9, 19, and 20 were previously cancelled. Claims 1-5, 10-18, and 21-26 are currently pending in this application and have been examined.
Allowable Subject Matter
For the reasons noted in the “Indication of Allowable Subject Matter” section in the office action mailed 5/08/2025, claims 1-5, 10-18, and 21-26 would be allowable if rewritten to overcome the claim objections and the claim rejection(s) under 35 U.S.C. 112 and 35 U.S.C. 101 set forth in this Office Action.
Claim Objections
Claim 22 is objected to because of the following informalities:
Claim 22 recites “initiating, by an action initiation module of the extended reality system, a status action of the transaction in response to the determination that the criterion of the is not satisfied” in lines 17-19 and should recite “initiating, by an action initiation module of the extended reality system, a status action of the transaction in response to the determination that the criterion of the transaction is not satisfied”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 2-5, 10-18, and 21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “determining… that a criterion of the transaction is not satisfied by the combined digital representation of the item as captured by the camera of the first client device…” in lines 21-25. While the Specification recites the system determines whether one or more criteria of the auction (e.g., a threshold distance between the first client device and the item) are satisfied by the image data and/or performs checks to determine whether the image data meets the criteria of the auction, the Specification recites initiating a status action based on the image data being non-compliant with the criteria (see Specification [0004], [0021], [0029], [0036], [0037]) and the Specification recites a camera device capturing image data (see Specification [0002], [0016], [0032]-[0033], [0039]), the Specification does not recite a “a criterion of the transaction is not satisfied by the combined digital representation of the item” and does not recite a camera of the first client device capturing “the combined digital representation of the item” (emphasis added). Therefore, determining… that a criterion of the transaction is not satisfied by the combined digital representation of the item as captured by the camera of the first client device… is considered new matter. Claims 2-5, 10-18, and 21 inherit the rejections of claim 1.
Claim Rejections - 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.
Claims 1-5, 10-18, and 21-26 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) an abstract idea. This judicial exception is not integrated into a practical application. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Under Step 1 of the Alice/Mayo test the claims are directed to statutory categories. Specifically, the method, as claimed in claims 1-5, 10-18, and 21-26, are directed to a process (see MPEP 2106.03).
Under Step 2A (prong 1), claim 1 recites at least the following limitations (emphasis added) that recite an abstract idea:
receiving a request to initiate a transaction for an item from a first user account of a service provider system, the request transmitted;
receiving image data depicting the item;
receiving a representation of the item;
combining the image data with the representation of the item;
initiating the transaction for the item;
transmitting the combined representation of the item to be displayed for a time period during the transaction;
determining that a criterion of the transaction is not satisfied by the combined representation of the item as captured and displayed;
displaying the combined representation of the item;
initiating a status action of the transaction in response to the determination that the criterion of the transaction is not satisfied; and
aggregating requests for a plurality of locations on the item.
Claim 22 recites at least the following limitations (emphasis added) that recite an abstract idea:
receiving a request to initiate a transaction for an item, the request transmitted;
receiving image data depicting the item, the image data comprising the item;
verifying in real time;
transmitting the image data to be displayed as part of the transaction;
determining that a criterion of the transaction is not satisfied, the criterion is based on a threshold number of user accounts participating in the transaction;
initiating a status action of the transaction in response to the determination that the criterion of the transaction is not satisfied; and
aggregating requests for a plurality of locations on the item.
Claim 23 recites at least the following limitations (emphasis added) that recite an abstract idea:
receiving image data depicting an item for a transaction;
initiating the transaction for the item;
providing the image data to be displayed as part of the transaction;
determining that a criterion of the transaction is not satisfied by the image data;
aggregating requests for a plurality of locations on the item;
determining a subset of locations from the plurality of locations based on the item, the subset of locations leveraged to generate a path to capture on the item; and
transmitting a request for additional image data from the subset of locations.
These limitations recite certain methods of organizing human activity, such as performing commercial interactions (see MPEP 2106.04(a)(2)(II)). Certain methods of organizing human activity are defined by MPEP 2106.04 as including “fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions).” In this case, the abstract ideas recited in representative claims 1, 22, and 23 are certain methods of organizing human activity because initiating a transaction of an item is a commercial or legal interaction because it is a advertising, marketing or sales activity, or business relations. See MPEP 2106.04(a)(2), subsection III.
Thus, claims 1, 22, and 23 recite an abstract idea.
Under Step 2A (prong 2), if it is determined that the claims recite a judicial exception, it is then necessary to evaluate whether the claims recite additional elements that integrate the judicial exception into a practical application of that exception (see MPEP 2106.04). As stated in the MPEP, when “an additional element merely recites the words ‘apply it (or an equivalent) with the judicial exception, or merely uses a computer as a tool to perform an abstract idea,” the judicial exception has not been integrated into a practical application.
In this case, claim 1 includes additional elements such as (additional elements are bolded):
receiving, by an initiation module of an extended reality system communicably coupled to a network, a request to initiate a transaction for an item in an extended reality environment from a first user account of a service provider system, the request transmitted from a first client device over the network;
receiving, by the extended reality system, image data depicting the item generated from a camera of a first client device associated with the first user account;
receiving, by the initiation module of the extended reality system, a three-dimensional digital representation of the item from the first client device;
combining, by the extended reality system, the image data with the three-dimensional digital representation of the item in the extended reality environment;
initiating, by the initiation module of the extended reality system, the transaction for the item in the extended reality environment;
transmitting, by the extended reality system over the network, the combined digital representation of the item to a second client device associated with a second user account to be displayed in the extended reality environment for a time period during the transaction;
determining, by a criteria determination module of the extended realty system, that a criterion of the transaction is not satisfied by the combined digital representation of the item as captured by the camera of the first client device and displayed at the second client device in the extended reality environment;
displaying, by the extended reality system, the combined digital representation of the item in the extended reality environment;
initiating, by an auction initiation module of the extended realty system, a status action of the transaction in response to the determination that the criterion of the transaction is not satisfied; and
aggregating, by the extended reality system, requests for a plurality of locations on the item in the extended reality environment form one or more third client devices.
Claim 22 includes additional elements such as (additional elements are bolded):
receiving, by an initiation module of an extended reality system communicatively coupled to a network, a request to initiate a transaction for an item in an extended reality environment from a first client device, the request transmitted from a first client device over the network;
receiving, by the extended reality system, image data depicting the item from the first client device, the image data comprising a live stream of the item;
verifying, by a live stream verification module of the extended reality system, that the live stream is streamed in real time;
transmitting, by the extended reality system over the network, the image data to a second client device associated with a second user account to be displayed in the extended reality environment as part of the transaction;
determining, by a criterion determination module of the extended reality system, that a criterion of the transaction is not satisfied, the criterion is based on a threshold number of user accounts participating in the transaction;
initiating, by an action initiation module of the extended reality system, a status action of the transaction in response to the determination that the criterion of the transaction is not satisfied; and
aggregating, by the extended reality system, requests for a plurality of locations on the item in the extended reality environment from one or more third client devices.
Claim 23 includes additional elements such as (additional elements are bolded):
receiving, by an initiation module of an extended reality system communicably coupled to a network, image data depicting an item from a first client device for a transaction;
initiating, by the initiation module of the extended reality system, the transaction for the item in an extended reality environment;
providing, by the extended reality system over the network, the image data to a second client device associated with a second user account to be displayed in the extended reality environment as part of the transaction;
determining, by a criteria determination module of the extended reality system, that a criterion of the transaction is not satisfied by the image data;
aggregating, by the extended reality system, requests for a plurality of locations on the item in the extended reality environment from one or more third client devices;
determining, by the extended reality system, a subset of locations from the plurality of locations based on the item, the subset of locations leveraged to generate a path to capture on the item; and
transmitting, by the extended reality system, a request for additional image data from the subset of locations.
Although reciting these additional elements, taken alone or in combination these elements are not sufficient to integrate the abstract idea into a practical application. These additional elements merely amount to the general application of the abstract idea to a technical environment (“in an extended reality environment”, “by modules of the extended reality system”, “generated from a camera of a first client device associated with the first user account”, “a three-dimensional digital representation of the item”, “a second client device associated with a second user account”, “one or more third client devices”, “a live stream”) and insignificant pre-and-post solution activity (receiving information, displaying information, providing/transmitting information). The specification makes clear the general-purpose nature of the technological environment. This is because the additional elements of claims 1, 22, and 23 are recited at a high level of generality (i.e., as generic computing hardware) such that they amount to nothing more than the mere instructions to implement or apply the abstract idea on generic computing hardware (or, merely uses a computer as a tool to perform the abstract idea) (Figs. 1, 8; paragraphs [0023]-[0027], [0033]-[0034], [0053]-[0066]). The specification indicates that while exemplary general-purpose systems may be specific for descriptive purposes, any elements capable of implementing the claimed invention are acceptable. That is, the technology used to implement the invention is not specific or integral to the claim. The description demonstrates that these additional elements are merely generic devices such as a generic computer. Further, the additional elements do no more than generally link the use of a judicial exception to a particular environment or field of use (such as the Internet or computing networks).
Therefore, considered both individually and as an ordered pair, the additional elements do no more than generally link the use of the abstract idea to a particular technological environment or field of use. That is, given the generality with which the additional elements are recited, the limitations do not implement the abstract idea with, or use the abstract idea in conjunction with, a particular machine or manufacture that is integral to the claim. Additionally, the claims do not reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, do not transform or reduction of a particular article to a different state or thing; and do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technology environment, such that the claim as a whole is more than a drafting effort designed to monopolize the abstract idea into a practical application, and is therefore “directed to” the abstract idea.
In addition to the above, the recited receiving, displaying, and providing/transmitting steps (even assuming arguendo they do not form part of the abstract idea, which the Examiner does not acquiesce), are at best little more than extra-solution activity (e.g., data gathering, presentation of data) that contributes nominally or insignificantly to the execution of the claimed system (see MPEP 2106.05(g)).
In view of the above, under Step 2A (prong 2), claims 1, 22, and 23 do not integrate the recited exception into a practical application.
Under Step 2B, examiners should evaluate additional elements individually and in combination to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). In this case, the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception.
Returning to representative claims 1, 22, and 23, taken individually or as a whole the additional elements of claims 1, 22, and 23 do not provide an inventive concept (i.e. they do not amount to “significantly more” than the exception itself). As discussed above with respect to the integration of the abstract idea into a practical application, the additional elements used to perform the claimed process amount to no more than the mere instructions to apply the exception using a generic computer and/or no more than a general link to a technological environment.
Furthermore, the additional elements fail to provide significantly more also because the claim simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. For example, the additional elements of claims 1, 22, and 23 utilize operations the courts have held to be well-understood, routine, and conventional (see: MPEP 2106.05(d)(II)), including at least:
receiving or transmitting data over a network,
storing or retrieving information from memory,
presenting offers
Additionally, the Specification recites receiving a live stream captured with a camera of a computing device is a well-understood, routine, and conventional activities previously known to the industry (see Fig. 1; [0002], [0016], [0023]-[0027], [0032], [0057]).
Even considered as an ordered combination (as a whole), the additional elements of claims 1, 22, and 23 do not add anything further than when they are considered individually.
In view of the above, representative claims 1, 22, and 23 do not provide an inventive concept (“significantly more”) under Step 2B, and is therefore ineligible for patenting.
Regarding claims 3-5, 12, 14-17, 21, 24-26
Dependent claim(s) 3-5, 12, 14-17, 21, 24-26, when analyzed as a whole, are held to be patent ineligible under 35 U.S.C. 101 because they do not add “significantly more” to the abstract idea. More specifically, dependent claim(s) 3-5, 12, 14-17, 21, 24-26 merely further define the abstract limitations of claim(s) 1, 22, and/or 23 or provide further embellishments of the limitations recited in independent claim claim(s) 1, 22, and/or 23.
Claims 3-5, 12, 14-17, 21, 24-26 set forth:
wherein the criterion is at least one of a threshold distance between the first client device and the item or a threshold amount of the item in the image data.
wherein the status action includes at least one of ending the transaction, pausing the transaction, reducing available transaction time, or transmitting a notification to the first client device.
causing display on the second client device of a representation corresponding to an alternate view in the extended reality environment.
determining an excitement level associated with the second client device based on a biometric measurement; and modifying the extended reality environment for display on the second client device based on the excitement level.
identifying a privacy level of the second user account; receiving a bid for the item in the transaction from the second user account; and causing display of the extended reality environment to include the bid based on the privacy level.
causing display of the combined digital representation of the item in the extended reality environment on the second client device.
determining a degree of information to display based on the second user account; and modifying the extended reality environment for display on the second client device based on the degree of information.
receiving chat from one or more third client devices viewing the transaction of the item; and transmitting a current level of interest in the item to the first client device based on the chat.
identifying a depiction of at least part of the item in the image data and wherein the initiating the transaction for the item in the extended reality environment is performed responsive to the identifying.
wherein the aggregating the requests for the plurality of locations comprises processing at least one of eye-gaze data, chat inputs, or location inputs from the one or more third client devices.
modifying the extended reality environment for display on the second client device to include a current location of the additional image data.
generating a path between the subset of locations based on proximities between respective locations; and modifying the extended reality environment for display on the first client device to include the path.
Such recitations merely embellish the abstract idea of auctioning an item. The claims do not set forth any further additional limitations, and therefore such abstract embellishments are applied to the additional limitations recited in claim(s) 3-5, 12, 14-17, 21, 24-26, which do no more than generally link the use of the abstract idea to a particular technological environment, do not integrate the abstract idea into a practical application, and do not provide an inventive concept. Accordingly, the claims do not confer eligibility on the claimed invention and is ineligible for similar reasons to claim(s) 1, 22, and/or 23.
Thus, dependent claims 3-5, 12, 14-17, 21, 24-26 are ineligible.
Regarding claims 2, 10, 11, 13, and 18
Dependent claim(s) 2, 10, 11, 13, and 18 sets forth:
wherein the image data comprises a live stream of the item.
determining that the second user account has won the transaction; transmitting a first request to a blockchain system to generate a non-fungible token (NFT) including the image data from the transaction; and transmitting a second request to the blockchain system to transfer the NFT to a blockchain account associated with the second user account.
wherein the NFT further includes data describing at least one of a chat of the transaction, participating user accounts of the transaction, information relating to the item, or item fingerprinting generated from the image data.
wherein the modifying the extended reality environment for display includes at least one of displaying a user-defined threshold bid amount, displaying a notification of the excitement level, removing information from the display, or removing avatars from the display.
determining avatars for one or more third user accounts; and modifying the extended reality environment for display on the second client device to include a representation of the avatars.
Such recitations merely embellish the abstract idea of auctioning an item. While the claim(s) do set forth the additional elements of “a live stream”, “a blockchain system to generate a non-fungible token (NFT)”, and “avatars”, these recitations are similar to the additional limitations in claims 1, 22, and 23, as they do no more than generally link the use of the abstract idea to a particular technological environment. That is these additional elements merely amount to the general application of the abstract idea to a technical environment. The specification makes clear the general-purpose nature of the technological environment. Figs. 1 and 8 and paragraphs [0002], [0023]-[0027], [0033]-[0034], [0038], [0048]-[0049], [0053]-[0066] indicates that while exemplary general-purpose systems may be specific for descriptive purposes, any elements capable of implementing the claimed invention are acceptable. That is, the technology used to implement the invention is not specific or integral to the claim. Therefore, these additional elements do not integrate the abstract idea into a practical application because they merely amount to using a computer to apply the abstract idea and no more than a general link of the use of the abstract idea to a particular technological environment or field of use and thus do not act to integrate the abstract idea into a practical application of the abstract idea. Further, the “live stream”, “blockchain system”, “non-fungible token (NFT)”, and “avatar” are recited at a high level and amounts to merely applying the abstract idea.
Additionally, the additional elements do not amount to significantly more because they merely amount to using a computer to apply the abstract idea and amount to no more than a general link of the use of the abstract idea to a particular technological environment.
Thus, dependent claims 2, 10, 11, 13, and 18 are also ineligible.
Response to Arguments
Applicant’s arguments, on page 10 of the Remarks filed 3/31/2026, with respect to the previous 35 USC §112 rejections have been fully considered and are persuasive in view of the amendments to the claims. Accordingly the previous 35 USC §112(b) rejections are withdrawn. Due to the claim amendments, new 35 USC §112(a) rejections have been applied.
Applicant’s arguments, on pages 11-14 of the Remarks filed 3/31/2026, with respect to the previous 35 USC §101 rejections have been fully considered but they are not persuasive. Applicant argues the claimed invention is integrated into a practical application. Examiner respectfully disagrees. While Examiner agrees that the argued additional elements such as an “extended reality environment”, “a three-dimensional rendering of an item”, and “a livestream” do not fall within the abstract idea, the Examiner disagrees that these elements impose meaningful limits on the judicial exception. As claimed, the claimed additional elements represent the mere use of generic computing components to facility the abstract idea. Notably, the specification provides only a brief description of the claimed additional elements (see Figs. 1 and 8 and paragraphs [0002], [0023]-[0027], [0033]-[0034], [0038], [0048]-[0049], [0053]-[0066]).
While Applicant argues on pages 13-14 of the Remarks that the claims reflect an improvement in the technical field of extended reality system to improve the ability to verify live stream, display a three-dimensional rendering of the item, and generate a path using a subset of locations to determine popularity, Examiner notes the Specification (and claims) do not provide a technical explanation as to how these elements improves upon conventional function of a computer, or upon conventional technology or technological processes. That is, the disclosure must provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement. Although the specification need not explicitly set forth the improvement, it must describe the invention such that the improvement would be apparent to one of ordinary sill in the art. Conversely, if the specification explicitly sets forth an improvement but in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art), the examiner should not determine the claim improves technology (see MPEP 2106.05(a); MPEP 2106.04(d)(1)).
Unlike argued claim 3 of Example 47, Applicant’s specification does not provide the requisite detail necessary such that one of ordinary skill in the art could recognize the claimed invention as providing an improvement. Applicant’s specification does not provide sufficient technical detail with respect to an improvement to an extended reality environment, the specification does not provide sufficient detail with respect to an improvement to verification of a live stream, the specification does not provide sufficient detail with respect to an improvement to displaying a three-dimensional rendering of an item, and the specification does not provide sufficient detail with respect to generating a path using a subset of locations to determine popularity. The instant specification is specific only in the additional elements use in facilitating the abstract idea of initiation a transaction of an item.
There is no indication from either the claims or the specification that the invention seeks to modify conventional operation of any such technology (as that in DDR Holdings). Here again, the Examiner emphasizes the failure of the disclosure to set forth or describe the amended features, or any improvements that are achieved from or made relative to another technology or technical field. Contrary to Applicant’s assertion, the improvements manifested by the claimed invention are improvements to the abstract idea itself, not the computer or another technology or technical field.
The character of the claims as a whole is not directed to improving computer performance and does not recite any such benefit. The claims of the instant application, however, merely represent the use of generic computing technology used as a tool to perform the abstract idea in an online environment. The claims lack any restriction on the manner in which the computing operations are to be performed. The manner in which the currently pending claims are written is much more akin to the myriad of ineligible court decisions that employed generic computer components at a high-level to achieve improvements in commercial processes (e.g., rather than DDR Holdings).
In review of the claimed invention, and in consideration of the specification as originally filed, the Examiner asserts that:
(i) the claimed invention does not reflect an improvement in the functioning of a computer, or an improvement to other technology or technical field, but instead improves an abstract, commercial process, and,
(ii) the specification, as originally filed, does not provide sufficient discloser or technical explanation such that one of ordinary skill in the art would have determined that the disclosed invention provided an improvement to the functioning of a computer or another technology or technical field.
As understood from the specification, the intention of Applicant’s invention is to provide “trust in the authenticity of the item” and “allowing a potential buyer the ability to inspect various aspects of the item via the image data, while providing the ease of access” (¶0004). The improvement manifested by the claimed invention is an improvement to the abstract idea itself, rather than the functioning of the computer or another technology or technical field, and is achieved leveraging generic computing hardware and software set forth at a high level of generality.
Even assuming a relationship of the claimed invention to another technology or technical field, if it is asserted that the invention improves upon conventional functioning of a computer, or upon conventional technology or technological process, a technical explanation as to how to implement the invention should be present in the specification. That is, the disclosure most provide sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement (see MPEP 2106.05(a)). Even when a specification explicitly asserts an improvement, examiner should not determine a claim improves technology when only a bare assertion of an improvement is present without the detail necessary to be apparent to a person of ordinary skill in the art (see MPEP 2106.04(d)(1)).
Therefore, the Examiner maintains the claims do not recite additional elements that integrate the judicial exception into a practical application of that exception and maintains the rejection Step 2A, Prong Two.
Accordingly, the 35 USC §101 rejections are maintained. Due to the claim amendments, new 35 USC §101 rejections have been applied.
Applicant’s arguments, on pages 14-16 of the Remarks filed 3-31/2026, with respect to the 35 USC §103 rejections have been fully considered but are persuasive in view of the amendments to the claims. Accordingly, the previous 35 USC §103 rejections have been withdrawn.
Examiner’s Comment
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Reference A of the Notice of References Cited Taylor et al. (US 2018/0103298 A1) discloses polling users and/or enabling users to vote on products during a live stream and presenting results of the poll to users in real-time.
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 LINDSEY B SMITH whose telephone number is (571)272-0519. The examiner can normally be reached Monday - Friday 9-6 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeff Smith can be reached at 571-272-6763. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LINDSEY B. SMITH
Examiner
Art Unit 3688
/LINDSEY B SMITH/ Examiner, Art Unit 3688
/Jeffrey A. Smith/ Supervisory Patent Examiner, Art Unit 3688
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