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
This office action is in response to the communications filed on 07/10/2026, concerning Application No. 17/809,391. The amendments to the claims filed on 07/10/2026 are acknowledged. Presently, claims 1-3 and 5 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1-2 and 5 are objected to because of the following informalities:
Claim 1, lines 14-15, the limitation “a plurality of weight calculation units provided correspondingly to the plurality of multiplication units, respectively” should be changed to “a plurality of weight calculation units provided corresponding to the plurality of the multiplication units, respectively” to maintain consistent terminology throughout the claims;
Claim 1, lines 18-20, the limitation “configured to apply, to a multiplication signal obtained through the multiplication unit, the weight coefficient” should be changed to “configured to apply, to multiplication signals obtained through the plurality of the multiplication units, respectively, the weight coefficient”, or language similar in accordance with the Applicant’s specification to maintain the Applicant’s desired interpretation of the claim limitations;
Claim 2, lines 3-4, the limitation “wherein the plurality of weight calculation units calculate the weight coefficient” should be changed to “wherein the plurality of the weight calculation units calculate the weight coefficient” to maintain consistent terminology throughout the claims;
Claim 5, lines 14-15, the limitation “a plurality of weight calculation functions, corresponding to the plurality of multiplication functions, respectively” should be changed to “a plurality of weight calculation functions, corresponding to the plurality of the multiplication functions, respectively” to maintain consistent terminology throughout the claims; and
Claim 5, lines 18-19, the limitation “applying, to a multiplication signal obtained through the multiplication unit, the weight coefficient” should be changed to “applying, to multiplication signals obtained through the plurality of the multiplication functions, respectively, the weight coefficient”, or language similar in accordance with the Applicant’s specification to maintain the Applicant’s desired interpretation of the claim limitations.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a plurality of acquisition units… configured to acquire reception signals…” in claims 1 and 3; “a plurality of multiplication units… configured to multiply… signal(s) output” in claim 1; “a plurality of weight calculation units… configured to calculate a weight coefficient…” in claims 1-2; “a plurality of application units… configured to apply… the weight coefficient…” in claim 1; “a combining unit configured to combine a plurality of signals output…” in claim 1; “a generation unit configured to generate ultrasound image data…” in claim 1; and “a control unit configured to… output the ultrasound image data…” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The claim limitation “a plurality of acquisition units” in claims 1 and 3 has the corresponding structure described in the originally filed specification that performs the claimed function: Page 10, lines 17-23, and Page 16, lines 6-35, and Page 17, lines 1-7. Therefore, the “plurality of acquisition units” has been interpreted as corresponding to circuitry of a processor, and equivalents thereof.
The claim limitation “a plurality of multiplication units” in claim 1 has the corresponding structure described in the originally filed specification that performs the claimed function: Page 16, lines 6-35, and Page 17, lines 1-7, and Page 18, lines 12-17, and Page 20, lines 13-24. Therefore, the “plurality of multiplication units” has been interpreted as corresponding to circuitry of a processor, and equivalents thereof.
The claim limitation “a plurality of weight calculation units” in claims 1-2 has the corresponding structure described in the originally filed specification that performs the claimed function: Page 3, lines 18-30, and Page 16, lines 6-35, and Page 17, lines 1-7, and Page 18, lines 12-17, and Page 22, lines 16-24. Therefore, the “plurality of weight calculation units” has been interpreted as corresponding to circuitry of a processor, and equivalents thereof.
The claim limitation “a plurality of application units” in claim 1 has the corresponding structure described in the originally filed specification that performs the claimed function: Page 3, lines 18-30, and Page 16, lines 6-35, and Page 17, lines 1-7, and Page 18, lines 12-17, and Page 23, lines 15-18. Therefore, the “plurality of application units” has been interpreted as corresponding to circuitry of a processor, and equivalents thereof.
The claim limitation “a combining unit” in claim 1 has the corresponding structure described in the originally filed specification that performs the claimed function: Page 16, lines 6-35, and Page 17, lines 1-7, and Page 18, lines 12-17, and Page 23, lines 19-30. Therefore, the “combining unit” has been interpreted as corresponding to circuitry of a processor, and equivalents thereof.
The claim limitation “a generation unit” in claim 1 has the corresponding structure described in the originally filed specification that performs the claimed function: Page 13, lines 13-17, and Page 16, lines 6-35, and Page 17, lines 1-7. Therefore, the “generation unit” has been interpreted as corresponding to circuitry of a processor, and equivalents thereof.
The claim limitation “a control unit” in claim 1 has the corresponding structure described in the originally filed specification that performs the claimed function: Page 16, lines 6-35, and Page 17, lines 1-7. Therefore, the “control unit” has been interpreted as corresponding to circuitry of a processor, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-3 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gilmour (US Patent 4,987,563, of record, hereinafter Gilmour).
Regarding independent claims 1 and 5, Gilmour discloses an ultrasound diagnosis apparatus (see, e.g., Col. 1, lines 6-17, “apparatus on a carrier vehicle repetitively transmits acoustic pulses (pings) to sonify a target area. Energy reflected back from the target area impinges upon multi-element elongated receiver transducer, and beam-forming circuitry creates one or more receiver beams such that the energy reflected from adjacent narrow strips on the target area may be portrayed as a line-by-line picture that is a pattern of highlights and shadows analogous to an optically viewed panorama illuminated by side lighting, with objects outlined in such a way as to permit their identification”, where the permitting of the identification of the objects outlined in the images indicates diagnosis capabilities of the apparatus) and a corresponding non-transitory storage medium storing a program that causes a computer to perform (see, e.g., Col. 6, lines 10-13, “If the implementation of the invention is performed by a digital computer, the signals provided on branches 42 and 43 may be stored and all of the multiplications required, performed in a fraction of a second”), the ultrasound diagnosis apparatus comprising:
an ultrasound probe (transmitting transducer 35 and transducer array 30 comprised of N transducer elements) having a plurality of elements configured to receive reflected waves from a subject (see, e.g., Fig. 7 with Col. 4, lines 12-24, “FIG. 7 illustrates a functional block diagram of circuitry which may be utilized to accomplish the objectives herein. The apparatus includes the transducer array 30 comprised of N transducer elements, which for the present example is 4. Transmitting means 32 includes a transmitter 33 governed by a timing and control circuit 34 operable to periodically energize transmitting transducer 35 for the projection of acoustic energy toward a target area under investigation. The reflected acoustic energy resulting from the transmission causes each of the transducer elements in array 30 to provide an output signal designated respectively A, B, C and D”);
a plurality of acquisition units provided corresponding to the plurality of the elements, respectively, and configured to acquire reception signals (output signals A, B, C and D) based on the reflected waves received by the plurality of the elements, respectively (see, e.g., Col. 2, lines 60-68 to Col. 3, lines 1-7, “Increased speed of operation may be accomplished by providing an array of N transducer elements such as illustrated in FIG. 4 where N=4. In response to the impingement of acoustic energy, the transducer elements a, b, c, and d of the array provide respective output signals A, B, C and D, where A, B, C, and D are simplified representations of a complex output signal. The elements may be contained in a housing 18 which in turn is mounted on a carrier vehicle 20 which moves in the direction of travel indicated by arrow 22 over or through a target area under investigation. The array of elements extend along a line and occupy adjacent positions as indicated by position numbers 1 through 4 such that element a occupying position 4 is first in the direction of travel while element d occupying position 1 is last”, and Figs. 7-8 with Col. 4, lines 12-24, “FIG. 7 illustrates a functional block diagram of circuitry which may be utilized to accomplish the objectives herein. The apparatus includes the transducer array 30 comprised of N transducer elements, which for the present example is 4. Transmitting means 32 includes a transmitter 33 governed by a timing and control circuit 34 operable to periodically energize transmitting transducer 35 for the projection of acoustic energy toward a target area under investigation. The reflected acoustic energy resulting from the transmission causes each of the transducer elements in array 30 to provide an output signal designated respectively A, B, C and D”);
a plurality of multiplication units (cross-products circuit 40) provided for each combination of two of the plurality of the acquisition units and configured to multiply a first reception signal (output signals A, B, C and D) output from one of the two acquisition units (30) and a second reception signal (output signals A, B, C and D) output from the other of the two acquisition units (30) (see, e.g., Fig. 7 with Col. 4, lines 21-48, “The reflected acoustic energy resulting from the transmission causes each of the transducer elements in array 30 to provide an output signal designated respectively A, B, C and D. The output signals are provided to a cross-products circuit 40 by way of two branches 42 and 43…”, and Fig. 8, where the cross-products circuit 40 is shown to be comprised of a plurality of multipliers for multiplying two of the representative output signals illustrated to derive cross-products);
a plurality of weight calculation units (circuit 50) provided correspondingly to the plurality of multiplication units (40), respectively, and configured to calculate a weight coefficient based on a correlation between the first reception signal and the second reception signal (see, e.g., Figs. 7-8 with Col. 4, lines 39-48, “The delayed or stored signals may be transferred to the cross-product circuit 40 in response to a transfer signal on line 46 […] The results of the cross-products operation in circuit 40 are weighted by multiplying by certain coefficients in circuit 50, the results of which are summed in summing circuit 52 which provides the output beam signal on line 53 for display or other purposes”, and Col. 5, lines 35-43, “These coefficients, 6, 4 and 2 in Equation (4), may be derived from the following formula: 2(P-K) (5), where P equals the number of element positions (which are greater than the number of elements) and K represents the particular spacing between elements”, and Col. 5, lines 57-63, “The multiplication circuit 50 contains a plurality of multipliers with the value of a multiplier indicated within the multiplication circles of FIG. 8 and derived in accordance with Equation (5) where P=11. The cross-products signals multiplied by the coefficients are then all summed in summing circuit 52 which provides the output beam signal on line 53”, where the weight coefficients of Gilmour are disclosed as being calculated based on the number of element positions and the particular spacing between elements, which is herein interpreted as types of correlation between the multiplied/cross-products signals of the respective reception signals output from the respective elements, in which the elements have a particular position/spacing/phase difference);
a plurality of application units (circuit 50) provided corresponding to the plurality of the multiplication units (40), respectively, and configured to apply, to a multiplication signal obtained through the multiplication unit (40), the weight coefficient calculated by the corresponding one of the plurality of the weight calculation units (50) (see, e.g., Figs. 7-8 with Col. 4, lines 44-48, “The results of the cross-products operation in circuit 40 are weighted by multiplying by certain coefficients in circuit 50, the results of which are summed in summing circuit 52 which provides the output beam signal on line 53 for display or other purposes”, and Col. 5, lines 35-43, “These coefficients, 6, 4 and 2 in Equation (4), may be derived from the following formula: 2(P-K) (5), where P equals the number of element positions (which are greater than the number of elements) and K represents the particular spacing between elements”, and Col. 5, lines 57-63, “The multiplication circuit 50 contains a plurality of multipliers with the value of a multiplier indicated within the multiplication circles of FIG. 8 and derived in accordance with Equation (5) where P=11. The cross-products signals multiplied by the coefficients are then all summed in summing circuit 52 which provides the output beam signal on line 53”, where the weight coefficients of Gilmour are disclosed as being calculated based on the number of element positions and the particular spacing between elements, which is herein interpreted as types of correlation between the multiplied/cross-products signals of the respective reception signals output from the respective elements, in which the elements have a particular position/spacing/phase difference);
a combining unit (summing circuit 52) configured to combine a plurality of signals output from the plurality of the application units (50) (see, e.g., Figs. 7-8 with Col. 4, lines 44-48, “The results of the cross-products operation in circuit 40 are weighted by multiplying by certain coefficients in circuit 50, the results of which are summed in summing circuit 52 which provides the output beam signal on line 53”, and Col. 5, lines 57-63, “The multiplication circuit 50 contains a plurality of multipliers with the value of a multiplier indicated within the multiplication circles of FIG. 8 and derived in accordance with Equation (5) where P=11. The cross-products signals multiplied by the coefficients are then all summed in summing circuit 52 which provides the output beam signal on line 53”);
a generation unit (via line 53) configured to generate ultrasound image data based on a result of the combining by the combining unit (see, e.g., Figs. 7-8 with Col. 4, lines 44-48, “The results of the cross-products operation in circuit 40 are weighted by multiplying by certain coefficients in circuit 50, the results of which are summed in summing circuit 52 which provides the output beam signal on line 53 for display or other purposes”, and Col. 5, lines 57-63, “The multiplication circuit 50 contains a plurality of multipliers with the value of a multiplier indicated within the multiplication circles of FIG. 8 and derived in accordance with Equation (5) where P=11. The cross-products signals multiplied by the coefficients are then all summed in summing circuit 52 which provides the output beam signal on line 53”); and
a control unit (via line 53) configured to cause an output device to output the ultrasound image data generated by the generation unit (see, e.g., Figs. 7-8 with Col. 4, lines 44-48, “The results of the cross-products operation in circuit 40 are weighted by multiplying by certain coefficients in circuit 50, the results of which are summed in summing circuit 52 which provides the output beam signal on line 53 for display or other purposes”).
Regarding claim 2, Gilmour discloses the ultrasound diagnosis apparatus according to claim 1, as set forth above. Gilmour further discloses wherein the plurality of weight calculation units (circuit 50) calculate the weight coefficient based on phase information between the first reception signal and the second reception signal (see, e.g., Figs. 7-8 with Col. 4, lines 39-48, “The delayed or stored signals may be transferred to the cross-product circuit 40 in response to a transfer signal on line 46 […] The results of the cross-products operation in circuit 40 are weighted by multiplying by certain coefficients in circuit 50, the results of which are summed in summing circuit 52 which provides the output beam signal on line 53 for display or other purposes”, and Col. 5, lines 35-43, “These coefficients, 6, 4 and 2 in Equation (4), may be derived from the following formula: 2(P-K) (5), where P equals the number of element positions (which are greater than the number of elements) and K represents the particular spacing between elements”, and Col. 5, lines 57-63, “The multiplication circuit 50 contains a plurality of multipliers with the value of a multiplier indicated within the multiplication circles of FIG. 8 and derived in accordance with Equation (5) where P=11. The cross-products signals multiplied by the coefficients are then all summed in summing circuit 52 which provides the output beam signal on line 53”, where the weight coefficients of Gilmour are disclosed as being calculated based on the number of element positions and the particular spacing between elements, which is herein interpreted as types of correlation between the multiplied/cross-products signals of the respective reception signals output from the respective elements, in which the elements have a particular position/spacing/phase difference).
Regarding claim 3, Gilmour discloses the ultrasound diagnosis apparatus according to claim 1, as set forth above. Gilmour further discloses wherein the plurality of the acquisition units acquires the reception signals (output signals A, B, C and D) by performing a delay process on signals output from the plurality of the elements (N transducer elements), respectively (see, e.g., Col. 4, lines 17-39, “Transmitting means 32 includes a transmitter 33 governed by a timing and control circuit 34 operable to periodically energize transmitting transducer 35 for the projection of acoustic energy toward a target area under investigation. The reflected acoustic energy resulting from the transmission causes each of the transducer elements in array 30 to provide an output signal designated respectively A, B, C and D. The output signals are provided to a cross-products circuit 40 by way of two branches 42 and 43. Branch 42 includes a delay or storage means 44 such that the four output signals which are delayed represent those signals resulting from a transmission at time t.sub.1 (or t.sub.i). […] Delay 44 may be analog in nature or, if the functions are provided by a digital computer, delay 44 would be a storage, in which case analog-to-digital circuitry would be provided for converting the transducer element output signals to digital form”).
Response to Arguments
Applicant's arguments, see Remarks filed 07/10/2026, have been fully considered but they are not persuasive.
Regarding Gilmour (US Patent 4,987,563), Applicant argues that “the '563 patent fails to disclose at least a plurality of weight calculation units provided correspondingly to the plurality of multiplication units, respectively, and configured to calculate a weight coefficient based on a correlation between the first reception signal and the second reception signal; and a plurality of application units provided corresponding to the plurality of the multiplication units respectively, and configured to apply, to a multiplication signal obtained through the multiplication unit, the weight coefficient calculated by the corresponding one of the plurality of the weight calculation units, as recited in amended Claim 1” (see page 9 of Remarks filed 07/10/2026).
Examiner respectfully disagrees and emphasizes that Gilmour does disclose each and every limitation in the amended independent claims 1 and 5, as set forth above. Examiner emphasizes that Gilmour discloses a plurality of weight calculation units (circuit 50) provided correspondingly to the plurality of multiplication units (40), respectively, and configured to calculate a weight coefficient based on a correlation between the first reception signal and the second reception signal (see, e.g., Figs. 7-8 with Col. 4, lines 39-48, “The delayed or stored signals may be transferred to the cross-product circuit 40 in response to a transfer signal on line 46 […] The results of the cross-products operation in circuit 40 are weighted by multiplying by certain coefficients in circuit 50, the results of which are summed in summing circuit 52 which provides the output beam signal on line 53 for display or other purposes”, and Col. 5, lines 35-43, “These coefficients, 6, 4 and 2 in Equation (4), may be derived from the following formula: 2(P-K) (5), where P equals the number of element positions (which are greater than the number of elements) and K represents the particular spacing between elements”, and Col. 5, lines 57-63, “The multiplication circuit 50 contains a plurality of multipliers with the value of a multiplier indicated within the multiplication circles of FIG. 8 and derived in accordance with Equation (5) where P=11. The cross-products signals multiplied by the coefficients are then all summed in summing circuit 52 which provides the output beam signal on line 53”, where the weight coefficients of Gilmour are disclosed as being calculated based on the number of element positions and the particular spacing between elements, which is herein interpreted as types of correlation between the multiplied/cross-products signals of the respective reception signals output from the respective elements, in which the elements have a particular position/spacing/phase difference); and a plurality of application units (circuit 50) provided corresponding to the plurality of the multiplication units (40), respectively, and configured to apply, to a multiplication signal obtained through the multiplication unit (40), the weight coefficient calculated by the corresponding one of the plurality of the weight calculation units (50) (see, e.g., Figs. 7-8 with Col. 4, lines 44-48, “The results of the cross-products operation in circuit 40 are weighted by multiplying by certain coefficients in circuit 50, the results of which are summed in summing circuit 52 which provides the output beam signal on line 53 for display or other purposes”, and Col. 5, lines 35-43, “These coefficients, 6, 4 and 2 in Equation (4), may be derived from the following formula: 2(P-K) (5), where P equals the number of element positions (which are greater than the number of elements) and K represents the particular spacing between elements”, and Col. 5, lines 57-63, “The multiplication circuit 50 contains a plurality of multipliers with the value of a multiplier indicated within the multiplication circles of FIG. 8 and derived in accordance with Equation (5) where P=11. The cross-products signals multiplied by the coefficients are then all summed in summing circuit 52 which provides the output beam signal on line 53”, where the weight coefficients of Gilmour are disclosed as being calculated based on the number of element positions and the particular spacing between elements, which is herein interpreted as types of correlation between the multiplied/cross-products signals of the respective reception signals output from the respective elements, in which the elements have a particular position/spacing/phase difference).
Therefore, the examiner respectfully emphasizes that Gilmour does disclose each and every limitation in the amended independent claims 1 and 5, as set forth above.
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.
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/T.D./Examiner, Art Unit 3798
/PASCAL M BUI PHO/Supervisory Patent Examiner, Art Unit 3798