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
Applicant’s Amendments, filed 01/14/2026, has been entered, claims 1-20 remain pending.
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.
Claims 7, 11, and 17 are 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.
Independent claims 1 and 11 recites “the selectively compromising of the divider being accomplished by an actuator”, dependent claims 7 and 17 claim “an actuator adapted to selectively compromise the divider”. It is unclear whether if the actuator in claims 7 and 17 are referring to the same actuator claimed in the independent claims, or a separate element. For examination purposes, the actuator in claims 7 and 17 will be interpreted as the same actuator in the independent claims.
Claim 11 recites “wherein during a storage period, the nitrite component and the acidic component are stored directly adjacent to one another and configured to be separated by at least one divider comprising an impermeable membrane during a storage period prior to generation of nitric oxide gas”, the storage period is being claimed twice, it is unclear if they are the same storage period or separate periods. For examination purposes, they will be treated as the same storage period.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 7-9, 11-15, 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Talamonti (US7789854), hereafter Tala, in view of Munro et al. (US20220257642), hereafter Munro, further in view of Martin et al. (WO2021040813), hereafter Martin.
Regarding Claim 1, Tala discloses a medicine delivery system (Abstract), comprising of a container (container shown in Fig. 4) housing two separate medical agents that are isolated (col. 2, line 56-64).
Tala is silent on the container is housing a nitrite component and an acidic component adapted to generate nitric oxide gas when combined.
However, Munro teaches a method for producing nitric oxide, wherein a nitrite component (Abstract, nitrite salt) and an acidic component (Abstract, a proton source comprising one or more acid) adapted to generate nitric oxide gas when combined (Abstract, “On reaction of the one or more nitrite salt with the proton source… provides reaction products which include nitric oxide”). Munro further teaches that the nitrite component and the acidic component are stored separated before bringing together to generate nitric oxide (par. 0071, “For example, a nitrite component and a proton source component… may be stored separately or in separate containers of a kit, and brought together for use by mixing to initiate the NOx generating reaction.”). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the container of Tala, with the method for producing nitric oxide of Munro, to have a convenient single container to produce nitric oxide for medical uses such as regulating vascular resistance and blood flow as taught by Munro (Munro, par. 0002).
The modified Tala further discloses wherein during a storage period (See Tala Fig. 4, Munro par. 0071, the components are kept separated) the nitrite component and the acidic component are stored directly adjacent to one another (Tala, Fig. 4, the two components are directly adjacent) and separated by a divider (Tala, Fig. 4-6, stopper 68) comprising an impermeable membrane prior to generation of nitric oxide gas (Tala, col. 7, line 6-8, “the stopper 68 separate the first and second chambers 50 and 56, thereby preventing the medical agents 42 and 44 from contacting and/or interacting”), wherein the nitrite component and the acidic component are configured to be selectively combined by a user during a gas generation period to generate nitric oxide gas within the container (See Tala Fig. 4-6, the divider is released to mix the two components; Munro, par. 0071), wherein the selective combination is activated by the user selectively compromising the at least one divider separating the nitrite component and the acidic component (Tala, Fig. 4-6), to enable mixing of the nitrite component and the acidic component within a reaction zone within the container (Tala, Fig. 6, space inside the container after the divider is released), and to initiate the gas generation period (Tala Fig. 6, the components are being mixed), the selectively compromising of the divider being accomplished by an actuator (Tala, Fig. 4-5, bellow or rib 64 with the diaphragm 48; col. 6, line 61-67, “These bellows 66 allow the bottle 46 to be squeezed vertically with less effort… The middle diaphragm 48 also provides a mechanism to release a stopper 68 which separates the two medical agents 42 and 44”) moving from a first position (Tala, Fig. 4 shows a first position where the actuator is not compressed) to a second position where the actuator compromises the divider (Tala, Fig. 5 shows a second position when the actuator is compressed and the divider is compromised) and then returns to the first position for a secondary stroke to the second position (See Tala Fig. 6, the actuator returns to the first position after the divider is compromised) to further compromise the divider (Examiner Notes: The prior art discloses a compressible rib and stopper that move from a first position to a second position, thereby compromising the divider, and return to the first position upon release. The initial compression constitutes a first stroke, and the return inherently enables a subsequent compression to further compromise the divider. Furthermore, based on the structure from the prior art, it also would have been obvious to perform a secondary stroke where the initial stroke does not fully release the divider.).
The modified Tala further discloses a cap configured to be removably coupled to the container (Tala, col. 6, line 26-27, “cap 84 or other sealing mechanism over the opening”) and adapted to seal the container during the storage period and during at least a portion of the gas generation period when coupled to the container (Tala, col. 6, line 26-28, “cap 84 or other sealing mechanism over the opening in the applicator 62 to protect the applicator 62 from contamination and damage from external forces”), and adapted to be removed from the container during a nasal delivery period (Munro, par. 0237, “Examples of administration routes… nasal”) when nitric oxide gas is adapted to be delivered from the reaction zone within the container, through an exit of the container (Fig. 4, opening 78) (Examiner Notes: The claimed function of the cap and the nasal delivery is merely the intended way of operation of the prior art after the modification)
The modified Tala is silent on a membrane filter positioned between a reaction zone of the container and an exit of the container; wherein the membrane filter is configured to allow at least one dose of nitric oxide gas to pass through the membrane filter and is configured to limit nitrogen dioxide gas from passing through the membrane filter by substantially trapping nitrogen dioxide gas within the reaction zone of the container during the nasal delivery period; and a droplet filter positioned between the reaction zone of the container and the exit of the container; wherein the droplet filter is configured to allow at least one dose of nitric oxide gas to pass through the droplet filter and is configured to limit droplets from passing through the droplet filter by substantially trapping droplets within the reaction zone of the container during the nasal delivery period;
However, Martin teaches a nitric oxide container (par. 0111, container 32), wherein the container comprises of a membrane filter (par. 0111) positioned between a reaction zone of the container and an exit of the container (container with reaction zone and exit shown in Fig. 21; par. 0111, “a filter on a surface of the container 32”); wherein the membrane filter is configured to allow at least one dose of nitric oxide gas to pass through the membrane filter (par. 0111) and is configured to limit nitrogen dioxide gas from passing through the membrane filter by substantially trapping nitrogen dioxide gas within the reaction zone of the container during the nasal delivery period (par. 0111, “In some examples, the filter is a nitrogen dioxide (NO.sub.2) filter. The NO.sub.2 filter may be positioned to receive the output gas NO before it is inhaled by the patient…”). Martin further teaches a droplet filter (par. 0195, “NO permeable membrane that prevents aerosol droplets from leaving”); wherein the droplet filter is configured to allow at least one dose of nitric oxide gas to pass through the droplet filter and is configured to limit droplets from passing through the droplet filter by substantially trapping droplets within the reaction zone of the container during the nasal delivery period (par. 0195, “Aerosol droplets are undesirable for various medical applications. It is to be understood that the NO permeable membrane prevents any aerosol droplets from being generated and/or from leaving the reservoir 60 with the NO gas”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known container of Tala, with the membrane filter and droplet filter of Martin, to reduce toxicity from undesired particles and to delivery pure nitric oxide as taught by Martin (Martin, par. 0111, 0195).
The modified Tala further discloses wherein the system is adapted to safely store separately the nitrite component and the acidic component during the storage period (Tala, Fig. 4; Munro par. 0071, the components are kept separated), safely generate at least one dose of nitric oxide gas during the gas generation period after the divider is selectively compromised by the user (See Tala Fig. 4-6, the divider is released to mix the two components; Munro, par. 0071), and safely deliver at least one dose of nitric oxide to the nasal cavity and/or mouth of the user during the nasal delivery period (Munro, par. 0237, “Examples of administration routes… nasal”).
Regarding Claim 2, the modified Tala discloses the system of Claim 1, wherein the container comprises a body portion that is compressible (Tala, Fig. 4-6, the portion of the body comprising of the bellow 64 is compressible).
Regarding Claim 3, the modified Tala discloses the system of Claim 1, wherein the nitrite component comprises one or more of potassium nitrite and sodium nitrite (Munro, par. 0113, “when the nitrite salt is sodium nitrite…when the nitrite salt is potassium nitrite”;).
Regarding Clam 4, the modified Tala discloses the system of Claim 1, wherein the acidic component comprises one or more of hydrochloric acid and citric acid (Munro, par. 0174, “The organic carboxylic acid may… citric acid”).
Regarding Claim 5, the modified Tala discloses the system of Claim 1, further comprising a compressible mechanism to enable the actuator to move between the first and second position (Tala, Fig. 4-6, col. 6 line 58-62, the actuator is compressible to move between the first and second position as shown in the figures).
Regarding Claim 7, the modified Tala discloses the system of Claim 1, comprising an actuator adapted to selectively compromise the divider (Tala, Fig. 4-6, the actuator can selectively compromise the divider).
Regarding Claim 8, the modified Tala discloses the system of Claim 1, wherein a portion of at least one of the nitrite component and the acidic component is initially configured to be in solid form (Munro, par. 0096, “the nitrite component, optionally encapsulated or microencapsulated, can be present as a dry powder or crystals”; par. 0179, “In one embodiment, the proton source component or portions of it may be provided for use in the disclosure in dry form, optionally in particulate form such as a powder”).
Regarding Claim 9, the modified Tala discloses the system of Claim 1, wherein a portion of at least one of the nitrite component and the acidic component is initially configured to be in liquid form (Munro, par. 0134, “a first reservoir containing a nitrite component in liquid form (e.g. aqueous solution) and a second reservoir containing a proton source component in liquid form (e.g. aqueous solution).”).
Regarding Claim 11, Tala discloses a medicine delivery system (Abstract), comprising of a container (container shown in Fig. 4) housing two separate medical agents that are isolated (col. 2, line 56-64).
Tala is silent on a nitric oxide nasal delivery method, and the container housing a nitrite component and an acidic component adapted to generate nitric oxide gas when combined.
However, Munro teaches a nitric oxide nasal delivery method (Abstract, par. 0237, “Examples of administration routes… nasal”), wherein a nitrite component (Abstract, nitrite salt) and an acidic component (Abstract, a proton source comprising one or more acid) adapted to generate nitric oxide gas when combined (Abstract, “On reaction of the one or more nitrite salt with the proton source… provides reaction products which include nitric oxide”). Munro further teaches that the nitrite component and the acidic component are stored separated before bringing together to generate nitric oxide (par. 0071, “For example, a nitrite component and a proton source component… may be stored separately or in separate containers of a kit, and brought together for use by mixing to initiate the NOx generating reaction.”). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the container of Tala, with the method for producing nitric oxide of Munro, to have a convenient single container to produce nitric oxide for medical uses such as regulating vascular resistance and blood flow as taught by Munro (Munro, par. 0002).
The modified Tala further discloses wherein during a storage period (See Tala Fig. 4, Munro par. 0071, the components are kept separated) the nitrite component and the acidic component are stored directly adjacent to one another (Tala, Fig. 4, the two components are directly adjacent) and configured to be separated by at least one divider (Tala, Fig. 4-6, stopper 68) comprising an impermeable membrane prior to generation of nitric oxide gas (Tala, col. 7, line 6-8, “the stopper 68 separate the first and second chambers 50 and 56, thereby preventing the medical agents 42 and 44 from contacting and/or interacting”) during a storage period prior to generation of nitric oxide gas (See Tala Fig. 4, Munro par. 0071, the components are kept separated), wherein the nitrite component and the acidic component are configured to be selectively combined by a user during a gas generation period to generate nitric oxide gas within the container (See Tala Fig. 4-6, the divider is released to mix the two components; Munro, par. 0071), wherein the selective combination is activated by the user selectively compromising the at least one divider separating the nitrite component and the acidic component (Tala, Fig. 4-6), to enable mixing of the nitrite component and the acidic component within a reaction zone within the container (Tala, Fig. 6, space inside the container after the divider is released), and to initiate the gas generation period (Tala Fig. 6, the components are being mixed); the selectively compromising of the divider being accomplished by an actuator (Tala, Fig. 4-5, bellow or rib 64 with the diaphragm 48; col. 6, line 61-67, “These bellows 66 allow the bottle 46 to be squeezed vertically with less effort… The middle diaphragm 48 also provides a mechanism to release a stopper 68 which separates the two medical agents 42 and 44”) moving from a first position (Tala, Fig. 4 shows a first position where the actuator is not compressed) to a second position where the actuator compromises the divider (Tala, Fig. 5 shows a second position when the actuator is compressed and the divider is compromised) and then returns to the first position for a secondary stroke to the second position (See Tala Fig. 6, the actuator returns to the first position after the divider is compromised) to further compromise the divider (Examiner Notes: The prior art discloses a compressible rib and stopper that move from a first position to a second position, thereby compromising the divider, and return to the first position upon release. The initial compression constitutes a first stroke, and the return inherently enables a subsequent compression to further compromise the divider. Furthermore, based on the structure from the prior art, it also would have been obvious to perform a secondary stroke where the initial stroke does not fully release the divider.).
The modified Tala further discloses a cap configured to be removably coupled to the container (Tala, col. 6, line 26-27, “cap 84 or other sealing mechanism over the opening”) and adapted to seal the container during the storage period and during at least a portion of the gas generation period when coupled to the container (Tala, col. 6, line 26-28, “cap 84 or other sealing mechanism over the opening in the applicator 62 to protect the applicator 62 from contamination and damage from external forces”), and adapted to be removed from the container during a nasal delivery period (Munro, par. 0237, “Examples of administration routes… nasal”) when nitric oxide gas is adapted to be delivered from the reaction zone within the container, through an exit of the container (Fig. 4, opening 78) (Examiner Notes: The claimed function of the cap and the nasal delivery is merely the intended way of operation of the prior art after the modification)
The modified Tala is silent on providing a membrane filter positioned between a reaction zone of the container and an exit of the container; wherein the membrane filter is configured to allow at least one dose of nitric oxide gas to pass through the membrane filter and is configured to limit nitrogen dioxide gas from passing through the membrane filter by substantially trapping nitrogen dioxide gas within the reaction zone of the container during the nasal delivery period; and providing a droplet filter positioned between the reaction zone of the container and the exit of the container; wherein the droplet filter is configured to allow at least one dose of nitric oxide gas to pass through the droplet filter and is configured to limit droplets from passing through the droplet filter by substantially trapping droplets within the reaction zone of the container during the nasal delivery period.
However, Martin teaches a nitric oxide container (par. 0111, container 32), wherein the container comprises of a membrane filter (par. 0111) positioned between a reaction zone of the container and an exit of the container (container with reaction zone and exit shown in Fig. 21; par. 0111, “a filter on a surface of the container 32”); wherein the membrane filter is configured to allow at least one dose of nitric oxide gas to pass through the membrane filter (par. 0111) and is configured to limit nitrogen dioxide gas from passing through the membrane filter by substantially trapping nitrogen dioxide gas within the reaction zone of the container during the nasal delivery period (par. 0111, “In some examples, the filter is a nitrogen dioxide (NO.sub.2) filter. The NO.sub.2 filter may be positioned to receive the output gas NO before it is inhaled by the patient…”). Martin further teaches a droplet filter (par. 0195, “NO permeable membrane that prevents aerosol droplets from leaving”); wherein the droplet filter is configured to allow at least one dose of nitric oxide gas to pass through the droplet filter and is configured to limit droplets from passing through the droplet filter by substantially trapping droplets within the reaction zone of the container during the nasal delivery period (par. 0195, “Aerosol droplets are undesirable for various medical applications. It is to be understood that the NO permeable membrane prevents any aerosol droplets from being generated and/or from leaving the reservoir 60 with the NO gas”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known container of Tala, with the membrane filter and droplet filter of Martin, to reduce toxicity from undesired particles and to delivery pure nitric oxide as taught by Martin (Martin, par. 0111, 0195).
The modified Tala further discloses wherein safely store separately the nitrite component and the acidic component during the storage period (Tala, Fig. 4; Munro par. 0071, the components are kept separated), safely generate at least one dose of nitric oxide gas during the gas generation period after the divider is selectively compromised by the user (See Tala Fig. 4-6, the divider is released to mix the two components; Munro, par. 0071), and safely deliver at least one dose of nitric oxide to the nasal cavity and/or mouth of the user during the nasal delivery period (Munro, par. 0237, “Examples of administration routes… nasal”).
Regarding Claim 12, the modified Tala discloses the method of Claim 11, wherein the container comprises a body portion that is compressible (Fig. 4, bellow 64; Fig. 2 and 5 shows the container being compressed).
Regarding Claim 13, the modified Tala discloses the method of Claim 11, wherein the nitrite component comprises one or more of potassium nitrite and sodium nitrite (Munro, par. 0113, “when the nitrite salt is sodium nitrite…when the nitrite salt is potassium nitrite”;).
Regarding Clam 14, the modified Tala discloses the method of Claim 11, wherein the acidic component comprises one or more of hydrochloric acid and citric acid (Munro, par. 0174, “The organic carboxylic acid may… citric acid”).
Regarding Claim 15, the modified Tala discloses the method of Claim 11, wherein the actuator comprises a compressible mechanism to enable the actuator to move between the first and second position (Tala, Fig. 4-6, col. 6 line 58-62, the actuator is compressible to move between the first and second position as shown in the figures).
Regarding Claim 17, the modified Tala discloses the method of Claim 11, comprising an actuator adapted to selectively compromise the divider (Tala, Fig. 4-6, the actuator can selectively compromise the divider).
Regarding Claim 18, the modified Tala discloses the method of Claim 11, wherein a portion of at least one of the nitrite component and the acidic component is initially configured to be in solid form (Munro, par. 0096, “the nitrite component, optionally encapsulated or microencapsulated, can be present as a dry powder or crystals”; par. 0179, “In one embodiment, the proton source component or portions of it may be provided for use in the disclosure in dry form, optionally in particulate form such as a powder”).
Regarding Claim 19, the modified Tala discloses the method of Claim 11, wherein a portion of at least one of the nitrite component and the acidic component is initially configured to be in liquid form (Munro, par. 0134, “a first reservoir containing a nitrite component in liquid form (e.g. aqueous solution) and a second reservoir containing a proton source component in liquid form (e.g. aqueous solution).”).
Claim(s) 6, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tala in view of Munro, in view of Martin, further in view of Burns et al. (US20120077231).
Regarding Claim 6, the modified Tala discloses the system of Claim 1, but is silent on wherein the divider is configured to be melted.
However, Burns teaches a container (device shown in Fig. 1), comprising of a divider for sealing a substrate (par. 0024, a meltable material disposed within a substrate), wherein the divider is configured to be melted (par. 0024, heating said meltable material with said heating element such that said meltable material at least partially liquifies and such that said substrate is not damaged”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known container of Tala, with the meltable divider of Burns, so the divider can be compromised without the need of applying an actuating force as taught by Burns (Burns, par. 0073).
Regarding Claim 16, the modified Tala discloses the method of Claim 11, wherein the divider is configured to be melted.
However, Burns teaches a container (device shown in Fig. 1), comprising of a divider for sealing a substrate (par. 0024, a meltable material disposed within a substrate), wherein the divider is configured to be melted (par. 0024, heating said meltable material with said heating element such that said meltable material at least partially liquifies and such that said substrate is not damaged”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known container of Tala, with the meltable divider of Burns, so the divider can be compromised without the need of applying an actuating force as taught by Burns (Burns, par. 0073).
Claim(s) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tala in view of Munro, in view of Martin, further in view of Friedman (US20230069711).
Regarding Claim 10, the modified Tala discloses the system of Claim 1, but is silent on wherein between about 200 nanomoles and about 600 nanomoles of nitric oxide is adapted to be delivered to the user per dose.
However, Friedman teaches delivering nitric oxide at a dosage level of about 200 nanomoles (Friedman, par. 0048, “the amount of the nitrite source (calculated by the weight of the nitrite (NO.sub.2.sup.−) group) in the device or a unit dosage… from about 0.01 mg to about 5000 mg”; 0.01 mg of nitrite is able to produce 217.3 nanomole of nitric oxide). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dosage level of the modified Tala to be 200 nanomoles, as applicant appears to have placed no criticality on the claimed range (Applicant’s disclosure, par. 0010) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”.
Regarding Claim 20, the modified Tala discloses the method of Claim 11, but is silent on wherein between about 200 nanomoles and about 600 nanomoles of nitric oxide is adapted to be delivered to the user per dose.
However, Friedman teaches delivering nitric oxide at a dosage level of about 200 nanomoles (Friedman, par. 0048, “the amount of the nitrite source (calculated by the weight of the nitrite (NO.sub.2.sup.−) group) in the device or a unit dosage… from about 0.01 mg to about 5000 mg”; 0.01 mg of nitrite is able to produce 217.3 nanomole of nitric oxide). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the dosage level of the modified Tala to be 200 nanomoles, as applicant appears to have placed no criticality on the claimed range (Applicant’s disclosure, par. 0010) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Response to Arguments
Applicant's arguments filed 01/14/2026 have been fully considered but they are not persuasive. Regarding Claim 1 and 11, the applicant amended the claim to have an actuator that is capable of performing a secondary stroke. Tala does disclose this limitation and it comprises a compressible rib that is capable of returning to it’s original position after being compressed, as shown in Fig. 4-6. The return after the initial actuation inherently enables subsequent compression/actuation, to further release the divider. Furthermore, it would have been obvious for one of ordinary skilled in the art to perform multiple compression/actuation of the rib, in case where the initial stroke does not fully release the divider, as suggested by the structure of the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US4950237 discloses a dual chambered container comprising of an actuator that can selectively compromise a divider.
THIS ACTION IS MADE FINAL. 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 KRIS HANYU GONG whose telephone number is (703)756-5898. The examiner can normally be reached M-F 8:30-4:30.
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/KRIS HANYU GONG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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