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 Arguments
Applicant’s arguments, see Remarks page 8, filed 04 December 2025, with respect to the objections to the drawings have been fully considered and are persuasive in light of the amendments. The objections to the drawings have been withdrawn.
Applicant’s arguments, see Remarks page 13, filed 04 December 2025, with respect to the 112(b) rejections of claims 22 – 25, 27, 33, 34, and 36 due to antecedent basis have been fully considered and are persuasive in light of the amendments. The objections to the drawings have been withdrawn.
Applicant's arguments, see Remarks page 13, filed 04 December 2025, with regards to the rejection under 35 U.S.C. 112(a) have been fully considered but they are not persuasive. Applicant’s arguments hinge on the fact that the specification describe the conveying unit and the illumination unit. This is not in contention. The 112(a) rejection is directed to “a device for controlling and regulating at least one of the conveying unit and the illumination unit.” Applicant’s arguments do not address the device for controlling and regulating. While claim 31 has been cancelled, this rejection is now made over claim 52, which relies upon the same language, as well as the rejection of claim 52 as indefinite under 112(b) due to a lack of structure.
Applicant’s arguments, see Remarks pages 8 – 12, filed 04 December 2025, with regards to the rejections under 35 U.S.C. 102 and 103 have been fully considered but are not persuasive. Applicant’s arguments are not commensurate with the scope of the claim. The limitations revolving around “upstream optical preconditioning” describe the intended use of the device, and do not positively recite structural features. They have been given the appropriate patentable weight in light of this consideration. Please see MPEP 2114(II), and Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990). Additionally, the structural limitations of the claim recite “an assembly […] comprising…” and as such do not exclude the inclusion of features such as a downstream cytometer.
Status of Claims
Applicant's amendments to the claims filed 04 December 2025 have been entered. Applicant's remarks filed 04 December 2025 are acknowledged.
Claims 1 – 42 are cancelled. Claims 43 – 58 are in status “New.”
Claim Rejections - 35 USC § 112(a)
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.
Claim 52 is 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.
With regards to claim 52, the limitation of “A device which controls and regulates at least one of the conveying unit and the illumination unit” is not described in the instant specification. This component is introduced in [0018], which recites “With the aid of a fluid delivery pump 6, the displacement volume or delivery rate v of which can be controlled by at least one of controlling and regulating device 7”—a teaching that amounts to saying that the controlling and regulating device is capable of controlling and regulating fluid flow. Likewise, [0019] recites “individual light sources 13 […] can be controlled individually or in groups (131, 132, 133) by use of at least one of the controlling and regulating device 7”—a teaching that amounts to saying that the controlling and regulating device is capable of controlling and regulating the power sent to a light source. [0021] and [0026] additionally teaches that the controlling and regulating device can specify the quantity, intensity, or wavelength of applied radiation.
The specification does not include any details about a structure that would control either or both of the conveying unit and the illumination unit. It is not clear whether this is a mechanical device impeding flow rate, such as a baffle, or an electronic device such as a microprocessor or controller. Likewise, it is not clear whether something like an optical filter or grating could be used, or something as simple as a power switch. Taken together, the disclosure of the written description outlines a desired function, but does not convey a specific apparatus with a designed function as would be understood by one of ordinary skill in the art.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 52 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 52 recites the limitation “a device for controlling and regulating at least one of the conveying unit and the illumination unit” in lines 1-2. This limitation is being interpreted under 112(f) as using a generic placeholder coupled with functional language. However, the instant specification does not include details on a corresponding structure for performing this function. This lack of structure in the apparatus amounts to a failure to particularly point out and distinctly claim the invention, rendering the claim indefinite. For the purposes of examination, the examiner interprets “A device for controlling and regulating…” to be a processor, microprocessor, or other electronic controller.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 43, 44, 48, 49, and 52 – 56 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Durack et al (US 20050112541 A1).
With regards to claim 43, Durack et al teaches;
The claimed “an assembly” and “which assembly is configured for a downstream connection to a cell sorting flow cytometer or a cell sorting device have been read on the taught (Abstract, "The apparatus comprises a plurality of flow cytometry units, each of which is operable to classify particles in a mixture of particles by interrogating a stream of fluid containing the particles with a beam of electromagnetic radiation.");
The claim language of “providing upstream optical preconditioning of biological cells suspended in an optically activatable liquid sample” is functional language describing the intended use of the device and has been given the appropriate patentable weight. Please see MPEP 2114(II), and Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990).
The claim language of “at which further processing of the optically preconditioned biological cells occurs resulting from the downstream connection of the assembly which couples preconditioned optically activatable cells to a cell sorting flow cytometer or to a cell sorting device” is functional language describing the intended use of the device and has been given the appropriate patentable weight.
The claimed “a reservoir” has been read on the taught ([0200], " In general, the system 1 comprises a supply 3 of carrier fluid 17 containing particles to be sorted…"; Supply 3 reads on a reservoir. Particles to be sorted read on an optically activatable biological sample.);
The claim language of “which stores the optically activatable cells suspended in the liquid of the optically activatable sample which are to be preconditioned” is functional language describing the intended use of the device and has been given the appropriate patentable weight.
The claimed “a conveying unit” and “a hollow channel” have been read on the taught ([0200], "…a fluid delivery system 15 for delivering the carrier 17 and sheath fluids 19 from respective supplies 3, 7 under pressure to the flow cytometry apparatus 9.”; [0661], “…a capillary tube 1337 (of quartz or fused silica, for example) is connected to the nozzle 137 so that fluid exiting the nozzle orifice 103 is directed into and through the tube."; A fluid delivery system 15 reads on a conveying unit. The capillary tube 1337 reads on a hollow channel.);
The claim language of “which conveys the optically activatable cells suspended in the liquid sample through a hollow channel through which the optically activatable cells are conveyed individually” is functional language describing the intended use of the device and has been given the appropriate patentable weight.
The claimed “a controllable illumination unit disposed along the hollow channel” has been read on the taught ([0203], "The system 1 also includes an optics system, generally designated 109, for focusing a beam of electromagnetic radiation 25 (e.g., 350-700 nm UV or visible laser light) on the fluid stream 21 at an "interrogation" location 115 which, in the described embodiment, is between the nozzle orifice 103 and the droplet break-off location 107."; Optics system 109 reads on a controllable illumination unit.);
The claim language of “which illuminates the cells contained in the liquid of the optically activatable biological liquid sample while being conveyed in the channel wherein the illumination of the cells during conveyance in the channel occurs at a controlled intensity and time period of illumination during the flow of the optically activatable sample through the hollow channel at flaw rate controlled by the conveying unit before connection of the assembly to one of a downstream cell sorting flow cytometer or a cell sorting device at which further processing of the preconditioned cells of the optically activatable sample would occur” is functional language describing the intended use of the device and has been given the appropriate patentable weight.
As Durack et al teaches all of the structural limitations of the apparatus as defined in claim 43, the functional limitations do not define the instant claim over the prior art.
With regards to claim 44, the assembly of claim 43 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed “wherein the hollow channel is a capillary which is transparent to the illumination” has been read on the taught ([0661], “FIG. 135 illustrates an alternative nozzle system, generally designated 1335, similar to that described above except that a capillary tube 1337 (of quartz or fused silica, for example) is connected to the nozzle 137 so that fluid exiting the nozzle orifice 103 is directed into and through the tube. The optics system 109 of the flow cytometer is optically coupled to the side of the tube in a suitable manner, as by a chamber 1341 filled with a light-transmitting medium such as oil or gel having a known index of refraction.”);
The claimed hollow channel having an “internal capillary diameter no larger than a sum of the diameters of two cells contained in the optically activable biological sample” has been read on the taught ([0218], "It is desirable that the size of the orifice 103 be such that the cells exiting the nozzle 101 are substantially in single file formation within the core 189 of the stream 21…"; The orifice being sized such that the cells are single file reads on the capillary diameter being no larger than a sum of the diameters of two cells. See also [0209]).
With regards to claim 48, the assembly of claim 43 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed “the controllable illumination unit has at least one light guide disposed along the hollow channel which has at least one light exit zone directed onto the hollow channel laterally with respect to a longitudinal extension of the light guide and the light guide is optically coupled to a light source for coupling light into the light guide from the light source” has been read on the taught ([0284], “The fiber optic cable 4205 extends from the light source to a location downstream of the interrogation location 115. For example, in the exemplary embodiment the fiber optic cable 4205 leads to a location adjacent the trajectory of one of the droplet streams as it moves through the electric field between the deflector plates 629.”).
With regards to claim 49, the assembly of claim 43 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed “the hollow channel is thermally coupled to a heat exchanger” has been read on the taught ([0576], “Conventional temperature control apparatus and methods (e.g., water baths, incubators, coolers, and freezers) may be used to heat or cool the sample to attain or maintain the specified temperatures in the foregoing embodiments of the invention.”).
With regards to claim 52, the assembly of claim 43 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed “a device which controls and regulates at least one of the conveying unit and the illumination unit in accordance with a specifiable period for irradiating the cells which pass sequentially one after another through the hollow channel with light of a constant specifiable light intensity and wavelength or a specifiable spectrum of wavelengths” has been read on the taught ([0353], "Alternatively, for lasers which may be triggered, a triggering signal may be provided to the microprocessor 131 and/or the A/D converter 689 to synchronize either or both to the laser pulses, as noted below with regard to FIG. 50. In either embodiment, the laser pulse timing would provide a clock signal for the system."; See also [0357]; Microprocessor 131 reads on the device for controlling and regulating).
With regards to claim 53, the assembly of claim 49 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed “a controlling and regulating device which monitors the heat exchanger to control the cells to have a controlled temperature while passing through the hollow channel” has been read on the taught ([0576], "Conventional temperature control apparatus and methods (e.g., water baths, incubators, coolers, and freezers) may be used to heat or cool the sample to attain or maintain the specified temperatures in the foregoing embodiments of the invention… As has been mentioned, it is desirable to change the temperature of the sample gradually to help maintain the health of the sperm… However, those skilled in the art will readily be able to select an appropriate method and apparatus to achieve the desired temperature control after considering all the relevant factors.").
With regards to claim 54, the assembly of claim 43 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed wherein “the cell sorting device is a fluorescence-activated cell sorter” has been read on the taught ([0282], “…an automated continuous calibration system 4201 of the present invention for a fluorescence activated droplet sorting cytometry system comprises one or more epi-illumination sensors 4203 positioned to sense the contents of droplets 33 to verify the delay setting for droplet charging.”).
With regards to claim 55, the assembly of claim 54 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed “the sorting flow cytometer has at least one pressure source which drives the conveying unit” has been read on the taught ([0304], "In one embodiment, the fluid delivery system includes a syringe pump 645…"; the syringe pump reads on a pressure source).
With regards to claim 56, the assembly of claim 43 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed “the conveying unit is a membrane pump or a syringe pump” has been read on the taught ([0304], "In one embodiment, the fluid delivery system includes a syringe pump 645…").
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 45 – 47, 50, and 51 are rejected under 35 U.S.C. 103 as being unpatentable over Durack et al (US 20050112541 A1) in view of Brenker et al (US 20190025187 A1, effectively filed 03 September 2015).
With regards to claim 45, the assembly of claim 43 is anticipated by Durack et al.
However, Durack et al does not explicitly disclose wherein the controllable illumination unit has first light sources disposed outside the hollow channel at least in sections along the hollow channel in an axial array relative to the hollow channel which are controllable individually or in groups.
In the analogous art of optical preconditioning devices, Brenker et al teaches;
The claimed “a hollow channel” has been read on the taught ([0032], “…a device 1 for the optical stimulation of an optically activatable biological sample 3 located in a sample container 2.”; Sample container 2 reads on a hollow channel. [0036] clarifies that the sample container may be part of a flow cytometer, reciting “the supply line or measuring capillary 17 of which protrudes into the sample container 2 from above to provide a suction of the sample into the flow cytometer 16.”);
The claimed “wherein the controllable illumination unit has first light sources disposed outside the hollow channel at least in sections along the hollow channel in an axial array relative to the hollow channel” has been read on the taught ([0021], “Preferably, a plurality of light sources is arranged in a distribution which is oriented both in the axial direction and in the circumferential direction of the hollow channel section…”; [0022], “Preferably, the plurality of the light sources can be divided into at least two groups…”; The plurality of light sources, divided into at least two groups, and oriented in an axial direction reads on first light sources disposed outside the hollow channel in at least sections along the hollow channel in an axial array relative to the hollow channel.);
The claimed first light sources “which are controllable individually or in groups” has been read on the taught ([0022], “Preferably, the plurality of the light sources can be divided into at least two groups, wherein the at least two groups of light sources differ from each other in one of the following properties: beam intensity, emitted wavelength or wavelength spectrum. In this way, the sample can be individually optically stimulated or activated in a controlled manner, both in terms of irradiation time, irradiation intensity and also irradiation spectrum.”; The sample being activated in a controlled manner by light sources divided into groups, wherein the groups differ from one another, reads on the light sources being controllable individually or in groups. See also [0023], which outlines a control and/or regulating device for the at least one light source.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly including a hollow channel and a laser illumination unit disposed along the hollow channel as taught by Durack et al with the axial arrangement of controllable light sources as taught by Brenker et al, for the benefit of providing even irradiation in the circumferential direction, as taught by Brenker et al ([0021], “Preferably, a plurality of light sources is arranged in a distribution which is oriented both in the axial direction and in the circumferential direction of the hollow channel section, so that the biological sample is also irradiated with light as evenly as possible in the circumferential direction.”).
With regards to claim 46, the assembly of claim 45 is obvious over Durack et al in view of Brenker et al.
Durack et al does not explicitly disclose wherein the controllable illumination unit has additional light sources disposed outside the hollow channel which are offset with respect to at least the first light sources in a circumferential direction around the hollow channel and in sections are disposed along the hollow channel in an axial array which are controllable individually or in groups.
Brenker et al additionally discloses;
The claimed “the controllable illumination unit has additional light sources disposed outside the hollow channel, which are offset with respect to at least the first light sources in a circumferential direction around the hollow channel and in sections are disposed along the hollow channel in an axial array, which are controllable individually or in groups” has been read on the taught ([0021], “Preferably, a plurality of light sources is arranged in a distribution which is oriented both in the axial direction and in the circumferential direction of the hollow channel section, so that the biological sample is also irradiated with light as evenly as possible in the circumferential direction.”; The distribution of the plurality of light sources also being in a circumferential direction reads on the additional light sources being offset with respect to at least the first light sources. See rejection of claim 24 for details regarding the plurality of light sources being controllable individually or in groups.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly including a hollow channel and a laser illumination unit disposed along the hollow channel as taught by Durack et al with the axial arrangement of controllable light sources as taught by Brenker et al, for the benefit of providing even irradiation in the circumferential direction, as taught by Brenker et al ([0021], “Preferably, a plurality of light sources is arranged in a distribution which is oriented both in the axial direction and in the circumferential direction of the hollow channel section, so that the biological sample is also irradiated with light as evenly as possible in the circumferential direction.”).
With regards to claim 47, the assembly of claim 45 is obvious over Durack et al in view of Brenker et al.
Durack et al additionally teaches;
The claimed “the light sources are lights, a mixture of LEDs, laser diodes, halogen lamps, gas discharge lamps, LCDs, LEDs, an OLED display unit, a projector or quantum dot lights” has been read on the taught ([0252], “… the optical elements include a reflecting filter 431 which reflects a collimated beam 25 of light from a laser or arc lamp 435…”; A laser reads on a laser diode).
With regards to claim 50, the assembly of claim 49 is anticipated by Durack et al
Durack et al does not explicitly disclose wherein the heat exchanger is a hollow cylinder radially surrounding the hollow channel which encloses an annular channel having a hollow channel wall and through which a temperature-controlled liquid flows which is thermally coupled to the hollow channel wall to which an optical activatable biological sample inside the hollow channel is thermally coupled.
In the analogous art of optical preconditioning devices, Brenker et al teaches;
The claimed wherein “the heat exchanger is a hollow cylinder radially surrounding the hollow channel which encloses an annular channel having a hollow channel wall and through which a temperature-controlled liquid flows which is thermally coupled to the hollow channel wall to which an optical activatable biological sample inside the hollow channel is thermally coupled” has been read on the taught ([0032], “…The device has a container 4, implemented in the form of a straight hollow cylinder, whose inner peripheral surface 5, outer peripheral surface 6 and annular base plate 7 bound a flow volume 8 open at the top. The flow volume 8 therefore represents an annular, cup-like volume, into which via a supply pipe 9 a fluid 10, preferably water, is introduced, which preferably completely fills the flow volume 8. The fluid 10 is fed via an outlet line 11 of a temperature control unit 12, which by operation of the pump sets the fluid into a constant fluid circulation, so that the fluid located in the flow volume 8 always has a homogeneous temperature that can be specified using the temperature control unit 12.” Container 4, holding a volume of fluid with a homogenous temperature, reads on the heat exchanger. See also [0033]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly of claim 28 including a heat exchanger as taught by Durack et al with the heat exchanger comprising a hollow cylinder radially surrounding a hollow channel as taught by Brenker et al, for the benefit of designing an assembly which allows for highly reliable and reproducible temperature control, as taught by Brenker et al ([0013], “…the device according to the solution creates, by the thermal coupling of both the at least one light source and the optically activatable sample to a temperature-controlled fluid circuit through which fluid flows, physically defined measurement conditions, which are a prerequisite for scientifically reliable, i.e. reproducible measurement signals, which are obtained by means of a flow cytometer.”).
With regards to claim 51, the device of claim 50 is obvious over Durack et al in view of Brenker et al.
Durack et al does not explicitly disclose wherein at least a portion of the illumination unit is disposed inside the annular channel and is thermally coupled to the temperature-controlled liquid.
Brenker et al additionally teaches;
The claimed “at least a portion of the illumination unit is disposed inside the annular channel and is thermally coupled to the temperature-controlled liquid” has been read on the taught ([0010], “The at least one light source is thermally coupled to a hollow channel section…”; [0015], “…the at least one light source is designed and arranged such that at least part of the at least one light source is arranged inside the fluid channel section.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly including a light source and fluid channel as taught by Durack et al in view of Brenker et al, with the light sources disposed inside the fluid channel as taught by Brenker et al, for the benefit of controlling the temperature of the light sources and maintaining highly reliable and reproducible temperatures, as taught by Brenker et al ([0015], “…for the purposes of thermal coupling to the temperature-controlled fluid circuit which is permeated by fluid, the at least one light source is designed and arranged such that at least part of the at least one light source is arranged inside the fluid channel section”; [0013], “…the device according to the solution creates, by the thermal coupling of both the at least one light source and the optically activatable sample to a temperature-controlled fluid circuit through which fluid flows, physically defined measurement conditions, which are a prerequisite for scientifically reliable, i.e. reproducible measurement signals, which are obtained by means of a flow cytometer.”).
Claims 57 and 58 are rejected under 35 U.S.C. 103 as being unpatentable over Durack et al (US 20050112541 A1).
With regards to claim 57, the assembly of claim 43 is anticipated by Durack et al.
Durack et al additionally teaches;
The claimed “the cell sorting device includes a sorting mechanism has at least two downstream sample collecting containers each which receives components of the optical activatable biological sample” has been read on the taught ([0277], “While sorting produces two groups or populations of droplets 123, 125 in FIG. 2, the particles may be separated into any number of populations from 1 to N sorted by placing different charges on the droplets 33 in respective groups, any by supplying the appropriate number of collection vessels, each being positioned to collect a different population of droplets.”).
However, Durack et al does not explicitly disclose an illumination unit for illuminating the optical activatable sample collected in at least one sample collecting container.
According to MPEP 2144.04(VI)(B), “mere duplication of parts has no patentable significance unless a new and unexpected result is produced.”—see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In the case of the instant application, no unexpected result is obtained from the inclusion of a second illumination unit for illuminating the optical activatable sample collected in at least one sample collecting container. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly as taught by Durack et al with a second illumination unit, for the predictable result of irradiating an already sorted group of cells.
With regards to claim 58, the assembly of claim 57 is obvious over Durack et al.
However, Durack et al does not explicitly disclose an illumination unit located between the sorting mechanism and the at least one sample collecting container, in or on the at least one sample collecting container.
According to MPEP 2144.04(VI)(B), “mere duplication of parts has no patentable significance unless a new and unexpected result is produced.”—see In reHarza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). In the case of the instant application, no unexpected result is obtained from the inclusion of an illumination unit located between the sorting mechanism and the at least one sample collecting container, in or on the at least one sample collecting container. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the assembly as taught by Durack et al with a second illumination unit, for the predictable result of irradiating an already sorted group of cells.
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 ALISON CLAIRE GERHARD whose telephone number is (571)270-0945. The examiner can normally be reached M-F, 9:00 - 5:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON CLAIRE GERHARD/ Examiner, Art Unit 1797 /LYLE ALEXANDER/ Supervisory Patent Examiner, Art Unit 1797