DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed November 25th 2025 has been entered. Claims 14-30 are pending in the application. Applicant’s amendments to the Specification, Drawings, and Claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed May 29th 2025.
Claim Objections
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The numbering of claims is not in accordance with 37 CFR 1.126 which requires the original numbering of the claims to be preserved throughout the prosecution. When claims are canceled, the remaining claims must not be renumbered. When new claims are presented, they must be numbered consecutively beginning with the number next following the highest numbered claims previously presented (whether entered or not).
Misnumbered claims have been renumbered. Fourteen claims were originally presented in the July 11th 2022 claim set. The claim set filed November 25th 2025 has claims 1-13 indicated as cancelled and claim 14 indicated as new. Claims 1-14 are being interpreted as intended to have been cancelled. Claim 14 is renumbered to claim 15 and all further claims are renumbered accordingly.
For ease of reading ONLY, the claims remain numbered as presented in the reply filed November 25th 2025 throughout the remainder of the Office Action.
Claims 14-29 are objected to because of the following informalities:
Regarding claims 15-21, 23-27 and 29, a comma should be included after the claim number.
Regarding claims 15-21 and 23-27, “The device” should be corrected to “The wearable device” for claim language consistency.
Regarding claim 28, “piezoelectric” in line 8 should be corrected to “piezoelectric transducer” for claim language consistency.
Regarding claim 22, “through MEMS device” should be corrected to “through the MEMS device” for claim language consistency.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 30 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.
Regarding claim 30, the new limitation of “… the MEMS device and the needle and a thin membrane defining a portion of the channel as a chamber and configured as part of the MEMS device…” (emphasis added) renders the claim unclear. Based on the claim language, it appears the MEMS device, needle, and thin membrane define a portion of the channel as a chamber and are all configured as part of the MEMS device. The disclosure does not provide detail or description of the needle partially defining the chamber or being part of the MEMS device. It is unclear how the needle defines the chamber considering the needle is not mechanically in direct contact with the thin membrane. The needle is also not electrically connected to the piezoelectric transducer. Based on the drawings and specification, the Examiner believes the inclusion of “the MEMS device and the needle” in this part of the claim may have been a typographical error and will be interpreted as such for purposes of examination.
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) 14-30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Connelly (US 6589229 B1).
Regarding claims 14, 19, 22, and 30, Connelly discloses a wearable device for delivery a medication (drug infusion device 200, abstract Col 16 lines 64-65 & Fig. 12), the device comprising: a reservoir for storing the medication for subsequent delivery to a patient (reservoir assembly 68’ and 70’ for storing medicament for deliver to a patient; “the liquid medication is contained in a reservoir formed by the membranes 68' and 70'…”, Col 17 lines 50-53 & Fig. 12); a needle for delivering the medication to the patient subcutaneously (delivery cannula 92’; “… quantity of liquid medication is delivered to the user through the delivery cannula 92'.”, Col 19 lines 9-12 & Fig. 12; “The device 30 is intended to be worn on the surface of the skin by the user, with a cannula (hollow needle) penetrating into the user's skin or transcutaneously through the skin into the subcutaneous tissue.”, Col 6 lines 55-59);
a MEMS device configured as a pump (piezoelectric transducer 36’ and membrane 50’ are being interpreted as a MEMS device; “The motive force for the liquid medication is provided by a micropump which comprises two injection-molded plastic parts, two membranes, and a piezoelectric [e]lement driven by electronic control.”, Col 17 lines 8-12 & Fig. 12-16) for pumping the medication from the reservoir through the needle or as a valve for preventing medication from flowing through MEMS device (“As in the previous embodiment, the liquid medication is contained in a reservoir formed by the membranes 68' and 70', which are sealed together with a septum 72' between them. A start cannula 82' is epoxy-bonded to a hub in the top cover 54', and pierces the septum 72' to start the flow of liquid medication to a flow channel 55' in the top surface of the top cover 54'…. At the end opposite to the start cannula 82', the flow channel 55' communicates with a hole 206 formed vertically through the top cover 54'. The hole 206 is aligned with a somewhat larger hole 208 formed in the valve membrane 202. The liquid medication passes through the aligned holes 206 and 208 and enters one end 210 of an inlet channel 212 that is formed in the top surface of the lower valve body 204. After passing through a pair of check valves (to be described shortly), the liquid medication flows through an outlet channel 214 in the lower valve body 204 and exits through a delivery cannula 92'.”, (emphasis added) see Col 17 last paragraph-Col 18 first paragraph & Fig. 12-16), the MEMS device including a piezoelectric transducer that functions as an actuator (piezoelectric transducer 36’ functions as an actuator; “the piezoelectric element 36' is energized and bows upwardly, pulling up the membrane 50' on the top cover 54'….The drive voltage to the piezoelectric element 36' is terminated and the piezoelectric element 36' collapses to a flat state, thereby creating an elevated pressure in the liquid-filled cavity beneath the membrane 50'... On the outlet side, the pressure causes the valve membrane 202 to separate from the valve seat 228 and thereby opens the flow path through the valve membrane 202 to the outlet channel 215, hub 216 and delivery cannula 92'.”, Col 18 last paragraph-Col 19 first paragraph & Fig. 15-16); control circuitry controlling operations of the piezoelectric transducer (control circuit 42, Fig. 3; “the pump being electrically connectable to the closed loop control circuit…”, Col 4 lines 39-40; “closed-loop operation of the drive circuit for the piezoelectric element is desired”, Col 7 lines 62-63; the drive voltage, as described above, provided by circuit board 42); and
an interposer integrated with the piezoelectric transducer (lower valve body 204 and top cover 54’, both operatively integrated with piezoelectric transducer 36’, are being interpreted as the interposer, Fig. 12 and 15-16; “the device 200 differs from the last device 30 in that it includes a modified top cover 54' that cooperates with a valve membrane 202 and a lower valve body 204. These two components, in combination with the lower side of the top cover 54' acting as an upper valve body, form a micropump that is driven by a piezoelectric element (not shown in FIG. 12) located in the disposable portion of the device 200.”, Col 17 lines 43-49), the interposer configured as an adapter for mounting the reservoir, the control circuitry and the needle (lower valve body 204 directly connected to reservoir 68’ and 70’, see Fig. 12, and connected to cannula 92’ through cannula hub 216, Col 18 lines 2-5 & Fig. 12-14; top cover 54’ configured to mount control circuit board 42, see Col 17 lines 11-17 & Fig. 2-3 and 12), the interposer including a channel for distributing the medication from the reservoir to the needle (inlet channel 212, fluidly connected to the reservoir, outlet channel 214, laser-drilled holes 224 and 226, and a cavity created by membrane 50’ and transducer 36’ all define a channel for medication to flow from the reservoir 68’ and 70’ to the cannula 92’, see Col 17 last paragraph-Col 18 first paragraph & Fig. 12-16; “the piezoelectric element 36' is energized and bows upwardly, pulling up the membrane 50' on the top cover 54'…. This creates a vacuum beneath the membrane 50', which is transmitted to the check valves 218 and 220 through laser-drilled holes 224 and 226, respectively, formed in the top cover 54'…. This acts to seal off the flow hole 223 against the seat 228 of the downstream check valve 220. At the same time, the vacuum pulls the valve membrane 202 in an upward direction away from the seat 230 of the upstream check valve 218, thereby allowing the liquid medication to pass through the flow hole 222 of the check valve 218 from the inlet channel 212. The flow of liquid medication passes through the upstream check valve 218, through the laser-drilled hole 224, and into the cavity formed under the piezoelectric element 36' and membrane 50'. At this point, the intake stroke ends and the exhaust stroke of FIG. 16 begins…. This pressure is transmitted to the check valves 218 and 220 via the laser-drilled holes 224 and 226…. On the outlet side, the pressure causes the valve membrane 202 to separate from the valve seat 228 and thereby opens the flow path through the valve membrane 202 to the outlet channel 21[4], hub 216 and delivery cannula 92'.”, Col 18 last paragraph-Col 19 first paragraph & Fig. 15-16) and a thin membrane included as part of the MEMS device (membrane 50’, Fig. 15-16; “The membrane 50 is sufficiently thin, flexible and thermally conductive to allow the piezoelectric element 36… to perform their required functions. The membrane 50 may consist of any suitable material, but a preferred material is polycarbonate having a thickness of about 2 to 3 mils.”, Col 10 lines 23-29) and
defining a portion of the channel as a chamber (cavity formed by membrane 50, Fig. 15; “The flow of liquid medication passes through the upstream check valve 218, through the laser-drilled hole 224, and into the cavity formed under the piezoelectric element 36' and membrane 50'.”, Col 18 lines 57-66 & Fig. 15; The Examiner notes that alternatively, the chamber can be interpreted as either hole 224 or 226. Membrane 50’ defining both holes 224 and 226 as chambers, as seen in Fig. 15), wherein the piezoelectric transducer is positioned on the thin membrane, thereby deforming the thin membrane as the piezoelectric transducer is actuated, thereby moving the medication through the channel or preventing the medication from flowing through the channel (transducer 36’ positioned on membrane 50’, Fig. 15-16; “…adhesively bond the lower surface of the piezoelectric element 36' to the upper surface of the membrane 50', which in turn allows the piezoelectric element 36' to force the membrane 50' in either an upward or downward direction.”, Col 18 lines 24-30 & Fig. 15-16 and Fig. 7; ”During the intake stroke of FIG. 15, the piezoelectric element 36' is energized and bows upwardly, pulling up the membrane 50' on the top cover 54'…. The drive voltage to the piezoelectric element 36' is terminated and the piezoelectric element 36' collapses to a flat state, thereby creating an elevated pressure in the liquid-filled cavity beneath the membrane 50'… On the outlet side, the pressure causes the valve membrane 202 to separate from the valve seat 228 and thereby opens the flow path through the valve membrane 202 to the outlet channel 215, hub 216 and delivery cannula 92'…. During each intake and exhaust cycle, predetermined quantity of liquid medication is delivered to the user through the delivery cannula 92'”, Col 18 last paragraph).
Regarding claim 16, Connelly discloses all the limitations of claim 14. Connelly further discloses the device wherein the interposer has one or more ports on a first side of the interposer and one or more ports on a second side of the interposer, the one or more ports on the first side communicate with the one or more ports on the second side via the channel (cannula hub 216 and hole 206 are being interpreted as one port on a first side and one port on a second side of the lower valve body 204 and top cover 54’, Col 17 line 46 and lines 59-end and Col 18 first paragraph & Fig. 12-14).
Regarding claim 17, Connelly discloses all the limitations of claim 14. Connelly further discloses the device wherein the micropump further includes the thin membrane of the interposer upon which the piezoelectric transducer is positioned, wherein the piezoelectric transducer and thin membrane of the interposer function together to draw the medication into the chamber or displace the medication from the chamber (transducer 36’ positioned on membrane 50’, see Fig. 15-16; “…adhesively bond the lower surface of the piezoelectric element 36' to the upper surface of the membrane 50', which in turn allows the piezoelectric element 36' to force the membrane 50' in either an upward or downward direction.”, Col 18 lines 24-30 & Fig. 15-16 and Fig. 7; ”During the intake stroke of FIG. 15, the piezoelectric element 36' is energized and bows upwardly, pulling up the membrane 50' on the top cover 54'…. The drive voltage to the piezoelectric element 36' is terminated and the piezoelectric element 36' collapses to a flat state, thereby creating an elevated pressure in the liquid-filled cavity beneath the membrane 50'… On the outlet side, the pressure causes the valve membrane 202 to separate from the valve seat 228 and thereby opens the flow path through the valve membrane 202 to the outlet channel 215, hub 216 and delivery cannula 92'…. During each intake and exhaust cycle, predetermined quantity of liquid medication is delivered to the user through the delivery cannula 92'”, Col 18 last paragraph).
Regarding claim 20, Connelly discloses all the limitations of claim 14. Connelly further discloses the device wherein the micropump comprise a flow sensor to monitor flowrate of the medication (thermal emitter 38 and thermal sensor 40, Fig. 3; “a flow sensor in at least one of the disposable and reusable portions for sensing the flow of liquid medication through the flow channel, the flow sensor being electrically connectable to the closed loop control circuit.”, Col 4 lines 40-44 & Fig. 3 and 6-7; “the flow sensor preferably comprises a thermal emitter and a thermal detector, both of which are in thermal contact with the liquid medication flowing in the flow channel”, Col 4 lines 55-58).
Regarding claim 21, Connelly discloses all the limitations of claim 14. Connelly further discloses the device wherein the medication is insulin (abstract and Col 1 lines 5-10).
Regarding claims 15 and 23, Connelly discloses all the limitations of claim 22. Connelly further discloses the device wherein the MEMS device includes the thin film membrane that deforms in response to actuation of the piezoelectric transducer thereby increasing or decreasing pressure within the chamber of the channel (“The flow of liquid medication passes through the upstream check valve 218, through the laser-drilled hole 224, and into the cavity formed under the piezoelectric element 36' and membrane 50'. At this point, the intake stroke ends and the exhaust stroke of FIG. 16 begins. The drive voltage to the piezoelectric element 36' is terminated and the piezoelectric element 36' collapses to a flat state, thereby creating an elevated pressure in the liquid-filled cavity beneath the membrane 50'. This pressure is transmitted to the check valves 218 and 220 via the laser-drilled holes 224 and 226”, Col 18 lines 57-67 & Fig. 15-16).
Regarding claims 18 and 24, Connelly discloses all the limitations of claim 22. Connelly further discloses the device wherein the patient is a user of the wearable device (Col 1 lines 6-10 and Col 6 lines 55-59).
Regarding claim 25, Connelly discloses all the limitations of claim 22. Connelly further discloses the device further comprising a plurality of interconnects electrically connecting the control circuity and the MEMS device (“It will be understood that the circuit board 42 includes suitable electrically conductive paths (not shown) for interconnecting the piezoelectric element 36… battery 56 and logic controller 58.”, Col 9 lines 30-34 & Fig. 3, 10, and 12; the conductive path from board 42 to transducer 36’ is being interpreted as a plurality of interconnects).
Regarding claim 26, Connelly discloses all the limitations of claim 25. Connelly further discloses the device wherein the plurality of interconnects transmit electrical signals from between the control circuitry and the MEMS device (the conductive path used to electrically control transducer 36’, Fig. 3, 10, and 12; “The logic controller chip 58 controls the piezoelectric element 36”, Col 9 lines 19-20; “The measured flow rate is compared with the desired value and used by the microcontroller 132 to energize the piezoelectric element 36 with a variable duty cycle by means of a pulse train generator 126 and a DC-to-DC converter 124. The DC-to-DC converter increases the voltage amplitude at the output of the pulse train generator 126 to a level that is adequate to drive the piezoelectric element 36.”, Col 13 lines 63-67-Col 14 lines 1-4 & Fig. 10).
Regarding claim 27, Connelly discloses all the limitations of claim 22. Connelly further discloses the device further comprising a battery for providing power to the control circuitry and the MEMS device (battery 56, see Col 9 lines 30-34 & Fig. 3 and 10).
Regarding claim 28, Connelly discloses an interposer to be used in a housing of a wearable device for delivering medication to a patient (lower valve body 204 and top cover 54’ are being interpreted as the interposer, see abstract and Fig. 12 and 15-16; “the device 200 differs from the last device 30 in that it includes a modified top cover 54' that cooperates with a valve membrane 202 and a lower valve body 204. These two components, in combination with the lower side of the top cover 54' acting as an upper valve body, form a micropump that is driven by a piezoelectric element (not shown in FIG. 12) located in the disposable portion of the device 200.”, Col 17 lines 43-49),
the wearable device including a reservoir for storing the medication (drug infusion device 200 including a reservoir assembly 68’ and 70’ for storing medicament for deliver to a patient; “the liquid medication is contained in a reservoir formed by the membranes 68' and 70'…”, Col 17 lines 50-53 & Fig. 12), a needle for releasing the medication in the patient (delivery cannula 92’; “quantity of liquid medication is delivered to the user through the delivery cannula 92'.”, Col 19 lines 9-12 & Fig. 12; “The device 30 is intended to be worn on the surface of the skin by the user, with a cannula (hollow needle) penetrating into the user's skin or transcutaneously through the skin into the subcutaneous tissue.”, Col 6 lines 55-59) and
a piezoelectric transducer functioning as an actuator for a pump or valve (piezoelectric transducer 36’, Fig. 15-16; “The motive force for the liquid medication is provided by a micropump which comprises two injection-molded plastic parts, two membranes, and a piezoelectric [e]lement driven by electronic control.”, Col 17 lines 8-12 & Fig. 12-16), the interposer configured to mount the reservoir and needle (lower valve body 204 directly connected to reservoir 68’ and 70’, see Fig. 12, and connected to cannula 92’ through cannula hub 216, see Col 18 lines 2-5 & Fig. 12-14), the interposer comprising:
a channel for distributing the medication from the reservoir to the needle (inlet channel 212, fluidly connected to the reservoir, outlet channel 214, laser-drilled holes 224 and 226, and a cavity created by membrane 50’ and transducer 36’ all define a channel for medication to flow from the reservoir to the cannula 92’, see Col 17 last paragraph-Col 18 first paragraph & Fig. 12-16; “the piezoelectric element 36' is energized and bows upwardly, pulling up the membrane 50' on the top cover 54'…. This creates a vacuum beneath the membrane 50', which is transmitted to the check valves 218 and 220 through laser-drilled holes 224 and 226, respectively, formed in the top cover 54'…. This acts to seal off the flow hole 223 against the seat 228 of the downstream check valve 220. At the same time, the vacuum pulls the valve membrane 202 in an upward direction away from the seat 230 of the upstream check valve 218, thereby allowing the liquid medication to pass through the flow hole 222 of the check valve 218 from the inlet channel 212. The flow of liquid medication passes through the upstream check valve 218, through the laser-drilled hole 224, and into the cavity formed under the piezoelectric element 36' and membrane 50'. At this point, the intake stroke ends and the exhaust stroke of FIG. 16 begins…. This pressure is transmitted to the check valves 218 and 220 via the laser-drilled holes 224 and 226…. On the outlet side, the pressure causes the valve membrane 202 to separate from the valve seat 228 and thereby opens the flow path through the valve membrane 202 to the outlet channel 21[4], hub 216 and delivery cannula 92'.”, Col 18 last paragraph-Col 19 first paragraph & Fig. 15-16) and a thin membrane (membrane 50’, Fig. 15-16; “The membrane 50 is sufficiently thin, flexible and thermally conductive to allow the piezoelectric element 36… to perform their required functions. The membrane 50 may consist of any suitable material, but a preferred material is polycarbonate having a thickness of about 2 to 3 mils.”, Col 10 lines 23-29)
(a) defining a portion of the channel as a chamber for receiving the medication (cavity formed by membrane 50, Fig. 15; “The flow of liquid medication passes through the upstream check valve 218, through the laser-drilled hole 224, and into the cavity formed under the piezoelectric element 36' and membrane 50'.”, Col 18 lines 57-66; The Examiner notes that alternatively, the chamber can be interpreted as either hole 224 or 226. Membrane 50’ defining both holes 224 and 226 as chambers, as seen in Fig. 15) and
(b) configured to be deformed upon activation of the piezoelectric (membrane 50’ configured to be deformed by transducer 36’, see Fig. 15-16 and see Fig. 7; “…adhesively bond the lower surface of the piezoelectric element 36' to the upper surface of the membrane 50', which in turn allows the piezoelectric element 36' to force the membrane 50' in either an upward or downward direction.”, Col 18 lines 24-30 & Fig. 15-16 and Fig. 7; ”During the intake stroke of FIG. 15, the piezoelectric element 36' is energized and bows upwardly, pulling up the membrane 50' on the top cover 54'…. The drive voltage to the piezoelectric element 36' is terminated and the piezoelectric element 36' collapses to a flat state, thereby creating an elevated pressure in the liquid-filled cavity beneath the membrane 50’…”Col 18 last paragraph),
wherein the thin membrane and piezoelectric transducer function together (a) as the pump for pumping the medication through the channel (piezoelectric transducer 36’ and membrane 50’ function as a micropump, see Fig. 15-16; “the piezoelectric element 36' is energized and bows upwardly, pulling up the membrane 50' on the top cover 54'….The drive voltage to the piezoelectric element 36' is terminated and the piezoelectric element 36' collapses to a flat state, thereby creating an elevated pressure in the liquid-filled cavity beneath the membrane 50'... On the outlet side, the pressure causes the valve membrane 202 to separate from the valve seat 228 and thereby opens the flow path through the valve membrane 202 to the outlet channel 215, hub 216 and delivery cannula 92'.”, Col 18 last paragraph-Col 19 first paragraph & Fig. 15-16; also see Col 17 last paragraph-Col 18 first paragraph) or
(b) as the valve for preventing the medication from moving through the channel (in the flat state of piezoelectric transducer 36’, medication cannot move through the channel, see Fig. 16; transducer 36’ and membrane 50’ also function to operate upstream and downstream check valves 218 and 220; “The operation of the check valves 218 and 220 during the pump intake and exhaust strokes is illustrated in FIGS. 15 and 16…. it becomes possible to adhesively bond the lower surface of the piezoelectric element 36' to the upper surface of the membrane 50', which in turn allows the piezoelectric element 36' to force the membrane 50' in either an upward or downward direction. This allows the check valves 218 and 220 to operate in the manner illustrated in FIGS. 15 and 16”, Col 18 lines 18-30).
Regarding claim 29, Connelly disclose all the limitations of claim 28. Connelly further discloses the interposer wherein the medication is insulin (abstract and Col 1 lines 5-10).
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 MARTIN ADAM RADOMSKI whose telephone number is (571)272-2703. The examiner can normally be reached Monday-Friday: 7:30-4:30 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kevin Sirmons can be reached at (571) 272-4965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARTIN A RADOMSKI/Examiner, Art Unit 3783 /EMILY L SCHMIDT/Primary Examiner, Art Unit 3783