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 Arguments
Applicant’s arguments, see p, filed 25 February 2026, with respect to Claims 2, 10, 11, 15, & 16 have been fully considered and are persuasive. The objection of Claims 2, 10, 11, 15, & 16 has been withdrawn.
Applicant’s arguments, see page 9, filed 25 February 2026, with respect to Claims 10, 11, 15, & 16 have been fully considered and are persuasive. The 35 U.S.C. § 112(b) rejection of Claims 10, 11, 15, & 16 has been withdrawn.
Applicant’s arguments, see page 9, filed 25 February 2026, with respect to Claims 1-11 have been fully considered and are persuasive. The 35 U.S.C. § 101 rejection of Claims 1-11 has been withdrawn.
Applicant’s arguments, see page 10, filed 25 February 2026, with respect to the rejection(s) of claim(s) 1, 3, 4, 6,9, 12, 13, & 14 under 35 U.S.C. § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a 35 U.S.C. § 103 rejection including US 2016/0074268 hereinafter Breegi and US 5,950,625 hereinafter Bongiovanni.
Applicant's arguments, see page 11, filed 25 February 2026 have been fully considered but they are not persuasive. Regarding the arguments over multiple embodiments, the application states in paragraphs 46 and 53 that the prior art invention is adaptable and modular, all of the
Claim Objections
Claim 2 is objected to because of the following informalities: the phrase "a plurality holes" should be "a plurality of holes". Appropriate correction is required.
Claim 13 objected to because of the following informalities: the phrase "the method of claim 12, positioning one or more" is recommended to be "the method of claim 12, further comprising positioning one or more". Appropriate correction is required.
Claim 18 objected to because of the following informalities: the phrase "the wherein" should be deleted as it is redundant. 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 13 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 13, it is unclear as what the applicant is referencing with “step (a)” or “step (b)”. Examiner requests clarification.
Claim 13 recites the limitation "the one or more frames" in line 4. There is insufficient antecedent basis for this limitation in the claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 6, 9, 12-14, 19, & 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0074268 hereinafter Breegi in view of US 5,950,625 hereinafter Bongiovanni.
In regards to Claim 1: Breegi teaches An airway management isolation enclosure for protecting medical personnel from infectious agents when treating a patient having an infectious disease (Breegi, Figure 14, Paragraph 38), comprising:
a frame configured to be positioned over ahead and anterior thoracic region of the patient (Breegi, Figure 14);
a transparent barrier (Breegi, Paragraph 15) supported by the frame (Breegi, Figure 14; Paragraph 38), the transparent barrier configured to cover[[s]] and form[[s]] a seal around the head and anterior thoracic region of the patient (Breegi, Paragraph 44) and which allows the medical personnel to create sealable entry ports (Breegi, Figure 14 Item 45).
However, Breegi does not teach an air flow entry disposed at a first side of the airway management isolation enclosure; and
a vacuum exit disposed at a second side, substantially opposite the first side, of the airway management isolation enclosure,
wherein the air flow entry and vacuum exit are configured to flow air from the air flow entry across the head of the patient to the vacuum exit to direct the infectious agents in the form of respiratory droplets and particles produced by the patient out of the airway management isolation enclosure.
Bongiovanni teaches of an air flow entry disposed at a first side of the airway management isolation enclosure (Bongiovanni, Figure 3 Items 24 & 26); and
a vacuum exit disposed at a second side, substantially opposite the first side, of the airway management isolation enclosure (Bongiovanni, Figure 3 Items 40 & 42),
wherein the air flow entry and vacuum exit are configured to flow air from the air flow entry across the head of the patient to the vacuum exit to direct the infectious agents in the form of respiratory droplets and particles produced by the patient out of the airway management isolation enclosure (Bongiovanni, Column 6 Lines 32-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the placement of the air tubing and the flow of the air over the patient taught in Bongiovanni to the deployable surgical apparatus, the motivation being to provide an air path that keeps all pathogens away from the patient’s head).
In regards to Claim 2: A modified Breegi teaches of the airway management isolation enclosure of claim 1, and the frame comprises a hollow frame (Bongiovanni, Figure 6) comprising:
a plurality of holes (Bongiovanni, Figure 6 Item 56);
an air flow entry connection (Bongiovanni, Figure 5 Item 52); and
a vacuum exit connection, to direct air flow away from the head of the patient and out of the isolation enclosure (Bongiovanni, Figure 4 Item 42; Column 6 Lines 32-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the ventilation system taught in Bongiovanni to the deployable surgical system of a modified Breegi, the motivation being to provide a structure that ensures full coverage of the patient in new clean air.
In regards to Claim 3: A modified Breegi teaches of the airway management isolation enclosure of claim 1, and the frame supports tubing comprising a plurality of holes (Bongiovanni, Figure 5 Item C), an air flow entry connection (Bongiovanni, Figure 4 Item 24 & 28) and a vacuum exit connection (Bongiovanni, Figure 4 Item 42), to direct air flow away from the head of the patient and out of the isolation enclosure (Bongiovanni, Column 6 Line 32-55).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the ventilation system taught in Bongiovanni to the deployable surgical system of a modified Breegi, the motivation being to provide a structure that ensures full coverage of the patient in new clean air.
In regards to Claim 4: A modified Breegi teaches of the airway management isolation enclosure of claim 1, and wherein the vacuum exit further comprises a filter (Breegi, Paragraph 42).
In regards to Claim 6: A modified Breegi teaches of the airway management isolation enclosure of claim 1, and wherein the frame is modular (Breegi, Figures 14 & 17).
In regards to Claim 9: A modified Breegi teaches of the airway management isolation enclosure of claim 1, and wherein the frame is portable (Breegi, Paragraph 38).
In regards to Claim 12: Breegi teaches of a method for protecting medical personnel from infectious agents when performing airway management on a patient having an infectious disease via an isolation enclosure, the method comprising:
positioning a frame over a head and anterior thoracic region of the patient laying in a supine position or in a sitting position (Breegi, Paragraph 13; Figure 14);
placing a transparent barrier supported by the frame, which covers and forms a seal around the head and anterior thoracic region of the patient (Breegi, Paragraph 13; Figure 14);
managing, via sealable entry ports in the transparent barrier, operations associated with the patient (Breegi, Figure 14 Item 45; Paragraph 41);
However, Breegi does not teach, using an air flow entry disposed at a first side of the isolation enclosure and a vacuum from an exit connection disposed at a second substantially opposite side of the isolation enclosure to flow air across the head of the patient to direct the infectious agents in the form of respiratory droplets and particles produced by the patient away from the head of the patient and out of the transparent barrier.
Bongiovanni teaches using an air flow entry disposed at a first side of the isolation enclosure (Bongiovanni, Figure 4 Item 24 & 26) and a vacuum from an exit connection disposed at a second substantially opposite side of the isolation enclosure (Bongiovanni, Figure 4 Item 42) to flow air across the head of the patient (Bongiovanni, Figure 4 Item 36) to direct the infectious agents in the form of respiratory droplets and particles produced by the patient away from the head of the patient and out of the transparent barrier (Bongiovanni, Column 6 Lines 66~, Column 7 Line 1-16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the ventilation system and direction of air flow taught in Bongiovanni to the deployable surgical apparatus taught by Breegi, the motivation being to provide air flow that eliminates dead air pockets and ensures all infectious residues are removed.
In regards to Claim 13: A modified Breegi teaches the method of claim 12, and positioning one or more progressive frames over the head and anterior thoracic region of the patient laying in the supine position or in the sitting position (Breegi, Figure 14) in step (a); and placing one or more additional transparent barriers over each of the one or more frames (Breegi, Figure 14 Items 23 & 61; Paragraph 39) in step (b).
In regards to Claim 14: A modified Breegi teaches the method of claim 12, and wherein the frame further comprises an entry air flow connection (Bongiovanni, Figure 4 Item 24 & 26) and a vacuum exit connection (Bongiovanni, Figure 4 Item 42; Column 6 Lines 66~, Column 7 Line 1-16).
In regards to Claim 19: A modified Breegi teaches the airway management isolation enclosure of claim 1, and wherein the air flow entry is configured to be positioned at a first side of the head of the patient (Bongiovanni, Figure 4 Item 24 & 26) and the vacuum exit is configured to be positioned across the head of the patient (Bongiovanni, Figure 4 Item 42; Column 6 Lines 66~, Column 7 Line 1-16).
In regards to Claim 20: A modified Breegi teaches the airway management isolation enclosure of claim 1, and wherein the air flow entry is disposed at the first side of the airway management isolation enclosure (Bongiovanni, Figure 4 Item 24 & 26) and the vacuum exit is disposed at the second side of the airway management isolation enclosure to mitigate formation of eddies in the transparent barrier (Bongiovanni, Figure 4 Item 42).
Claim(s) 5, 7, & 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0074268 hereinafter Breegi in view of US 5,950,625 hereinafter Bongiovanni in further view of US 2009/0093671 hereinafter Maloney.
In regards to Claim 5: A modified Breegi teaches of the airway management isolation enclosure of claim 1, but does not teach wherein the frame is made from materials selected from stainless steel, aluminum, polyvinylchloride, carbon fiber and nylon-12.
Maloney teaches wherein the frame is made from materials selected from stainless steel, aluminum, polyvinylchloride, carbon fiber and nylon-12 (Maloney, Paragraph 38).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the frame material taught in Maloney to the deployable surgical apparatus taught in a modified Breegi, the motivation being to provide a light weight and portable frame that is simultaneously rigid enough to protect the medical space.
In regards to Claim 7: A modified Breegi teaches of the airway isolation enclosure of claim 6, and wherein the frame comprises polyvinylchloride (PVC) and is sterilizable (Maloney, Paragraph 38).
In regards to Claim 8: A modified Breegi teaches of the airway isolation enclosure of claim 6, and wherein the frame comprises stainless steel and is autoclavable (Maloney, Paragraph 38; is it notable that stainless steel is known to be autoclavable).
Claim 10 & 15 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US 2016/0074268 hereinafter Breegi in view of US 5,950,625 hereinafter Bongiovanni in further view of US 5,074,894 hereinafter Nelson.
In regards to Claim 10: A modified Breegi teaches of the airway management isolation system of claim 1, but does not teach the airway management isolation enclosure of claim 1 wherein the airway management isolation enclosure is configured to protect[[s]] medical personnel while performing airway management, from infectious agents comprising one or more of:
viruses that possess positive-sense single-stranded RNA genomes viruses,
viruses that possess negative-sense single-stranded RNA genomes
or bacterial pathogens.
Nelson teaches viruses that possess negative-sense single-stranded RNA genomes (Nelson, Column 2 Lines 13-19) or bacterial pathogens (Nelson Column 2 Lines 31-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the protection from negative-sense single-stranded RNA genomes and bacterial pathogens taught in Nelson to the deployable surgical apparatus taught in a modified Breegi, the motivation being to ensure the safety of the medical personnel and patients.
In regards to Claim 15: A modified Breegi teaches the method of claim 14, but does not teach the airway management isolation enclosure of claim 1 wherein the airway management isolation enclosure is configured to protect[[s]] medical personnel while performing airway management, from infectious agents comprising one or more of:
viruses that possess positive-sense single-stranded RNA genomes viruses,
viruses that possess negative-sense single-stranded RNA genomes
or bacterial pathogens.
Nelson teaches viruses that possess negative-sense single-stranded RNA genomes (Nelson, Column 2 Lines 13-19) or bacterial pathogens (Nelson Column 2 Lines 31-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the protection from negative-sense single-stranded RNA genomes and bacterial pathogens taught in Nelson to the deployable surgical apparatus taught in a modified Breegi, the motivation being to ensure the safety of the medical personnel and patients.
Claim(s) 11, & 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0074268 hereinafter Breegi in view of US 5,950,625 hereinafter Bongiovanni in further view of US 5,074,894 hereinafter Nelson in furthest view of US 2004/0237198 hereinafter Yang.
In regards to Claim 11: A modified Breegi teaches of the airway management isolation enclosure of claim 10, and wherein the bacterial pathogens comprise one or more of: group A streptococci, S. aureus, Neisseria meningitidis, Bordetella pertussis, and or Legionella pneumophila (Nelson, Column 2 Lines 13-19).
In regards to Claim 16: A modified Breegi teaches of the method of claim 15, and wherein the bacterial pathogens comprise one or more of: group A streptococci, S. aureus, Neisseria meningitidis, Bordetella pertussis, and or Legionella pneumophila (Nelson, Column 2 Lines 13-19).
In regards to Claim 17: A modified Breegi teaches of the airway management isolation enclosure, but does not teach wherein the viruses that possess positive-sense single-stranded RNA genomes comprise one or more of:
picornaviruses, SARS virus, hepatitis C virus, yellow fever virus, or rubella virus; and
wherein the viruses that possess negative-sense single-stranded RNA genomes comprise one or more of:
Ebola and Marburg viruses, influenza virus, measles, mumps, rabies, Virion-Type of naked/ Capsid nucleic Virus Family Virus Genera enveloped Symmetry acid, Reoviridae Reovirus, Rotavirus Naked Icosahedral, Picornaviridae Enterovirus, Rhino virus, Naked Icosahedral Hepatovirus, Cardiovirus, Aphthovirus, Parechovirus, Erbovirus, Kobuvirus, Teschovirus Caliciviridae, Norwalk virus, Hepatitis E virus Naked Icosahedral, Togaviridae Rubella virus Enveloped Icosahedral, Arenaviridae Lymphocytic choriomeningitis Enveloped Complex virus, Retroviridae HIV-1, HIV-2, HTLV-I Enveloped Complex, Flaviviridae Denguevirus, Hepatitis C virus, Enveloped Complex Yellow fever virus, Orthomyxoviridae Influenzavirus A, Influenzavirus B, Enveloped Helical ss Influenzavirus C, Isavirus, Thogotovirus, Paramyxoviridae Measles virus, Mumps virus, Enveloped Helical Respiratory syncytial virus, Bunyaviridae California encephalitis virus, Enveloped Helical Hantavirus, Rhabdoviridae Rabies virus Enveloped Helical, Filoviridae Ebola virus, Marburg virus Enveloped Helical, Coronaviridae Corona virus Enveloped Complex, SARS-CoV-2, COVID-19, Astroviridae Astrovirus Naked Icosahedral, or Bornaviridae Borna disease virus Enveloped Helical.
Nelson teaches wherein the viruses that possess negative-sense single-stranded RNA genomes comprise one or more of:
Ebola and Marburg viruses, influenza virus, measles, mumps, rabies, Virion-Type of naked/ Capsid nucleic Virus Family Virus Genera enveloped Symmetry acid, Reoviridae Reovirus, Rotavirus Naked Icosahedral, Picornaviridae Enterovirus, Rhino virus, Naked Icosahedral Hepatovirus, Cardiovirus, Aphthovirus, Parechovirus, Erbovirus, Kobuvirus, Teschovirus Caliciviridae, Norwalk virus, Hepatitis E virus Naked Icosahedral, Togaviridae Rubella virus Enveloped Icosahedral, Arenaviridae Lymphocytic choriomeningitis Enveloped Complex virus, Retroviridae HIV-1, HIV-2, HTLV-I Enveloped Complex, Flaviviridae Denguevirus, Hepatitis C virus, Enveloped Complex Yellow fever virus, Orthomyxoviridae Influenzavirus A (Nelson, Column 2 Lines 13- 19), Influenzavirus B, Enveloped Helical ss Influenzavirus C, Isavirus, Thogotovirus, Paramyxoviridae Measles virus, Mumps virus, Enveloped Helical Respiratory syncytial virus, Bunyaviridae California encephalitis virus, Enveloped Helical Hantavirus, Rhabdoviridae Rabies virus Enveloped Helical, Filoviridae Ebola virus, Marburg virus Enveloped Helical, Coronaviridae Corona virus Enveloped Complex, SARS-CoV-2, COVID-19, Astroviridae Astrovirus Naked Icosahedral, or Bornaviridae Borna disease virus Enveloped Helical.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the protection from negative-sense single-stranded RNA genomes and bacterial pathogens taught in Nelson to the deployable surgical apparatus taught in a modified Breegi, the motivation being to ensure the safety of the medical personnel and patients.
A further modified Breegi does not teach wherein the viruses that possess positive-sense single-stranded RNA genomes comprise one or more of:
picornaviruses, SARS virus, hepatitis C virus, yellow fever virus, or rubella virus.
Yang teaches wherein the viruses that possess positive-sense single-stranded RNA genomes comprise one or more of:
picornaviruses, SARS virus, hepatitis C virus, yellow fever virus, or rubella virus (Yang Paragraph 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the protection from negative-sense single-stranded RNA genomes and bacterial pathogens taught in Nelson to the deployable surgical apparatus taught in a modified Breegi, the motivation being to ensure the safety of the medical personnel and patients.
In regards to Claim 18: A modified Breegi teaches of the method of claim 15, but does not teach wherein the viruses that possess positive-sense single-stranded RNA genomes comprise one or more of:
picornaviruses, SARS virus, hepatitis C virus, yellow fever virus, or rubella virus; and
wherein the viruses that possess negative-sense single-stranded RNA genomes comprise one or more of:
Ebola and Marburg viruses, influenza virus, measles, mumps, rabies, Virion-Type of naked/ Capsid nucleic Virus Family Virus Genera enveloped Symmetry acid, Reoviridae Reovirus, Rotavirus Naked Icosahedral, Picornaviridae Enterovirus, Rhino virus, Naked Icosahedral Hepatovirus, Cardiovirus, Aphthovirus, Parechovirus, Erbovirus, Kobuvirus, Teschovirus Caliciviridae, Norwalk virus, Hepatitis E virus Naked Icosahedral, Togaviridae Rubella virus Enveloped Icosahedral, Arenaviridae Lymphocytic choriomeningitis Enveloped Complex virus, Retroviridae HIV-1, HIV-2, HTLV-I Enveloped Complex, Flaviviridae Denguevirus, Hepatitis C virus, Enveloped Complex Yellow fever virus, Orthomyxoviridae Influenzavirus A, Influenzavirus B, Enveloped Helical ss Influenzavirus C, Isavirus, Thogotovirus, Paramyxoviridae Measles virus, Mumps virus, Enveloped Helical Respiratory syncytial virus, Bunyaviridae California encephalitis virus, Enveloped Helical Hantavirus, Rhabdoviridae Rabies virus Enveloped Helical, Filoviridae Ebola virus, Marburg virus Enveloped Helical, Coronaviridae Corona virus Enveloped Complex, SARS-CoV-2, COVID-19, Astroviridae Astrovirus Naked Icosahedral, or Bornaviridae Borna disease virus Enveloped Helical.
Nelson teaches wherein the viruses that possess negative-sense single-stranded RNA genomes comprise one or more of:
Ebola and Marburg viruses, influenza virus, measles, mumps, rabies, Virion-Type of naked/ Capsid nucleic Virus Family Virus Genera enveloped Symmetry acid, Reoviridae Reovirus, Rotavirus Naked Icosahedral, Picornaviridae Enterovirus, Rhino virus, Naked Icosahedral Hepatovirus, Cardiovirus, Aphthovirus, Parechovirus, Erbovirus, Kobuvirus, Teschovirus Caliciviridae, Norwalk virus, Hepatitis E virus Naked Icosahedral, Togaviridae Rubella virus Enveloped Icosahedral, Arenaviridae Lymphocytic choriomeningitis Enveloped Complex virus, Retroviridae HIV-1, HIV-2, HTLV-I Enveloped Complex, Flaviviridae Denguevirus, Hepatitis C virus, Enveloped Complex Yellow fever virus, Orthomyxoviridae Influenzavirus A (Nelson, Column 2 Lines 13- 19), Influenzavirus B, Enveloped Helical ss Influenzavirus C, Isavirus, Thogotovirus, Paramyxoviridae Measles virus, Mumps virus, Enveloped Helical Respiratory syncytial virus, Bunyaviridae California encephalitis virus, Enveloped Helical Hantavirus, Rhabdoviridae Rabies virus Enveloped Helical, Filoviridae Ebola virus, Marburg virus Enveloped Helical, Coronaviridae Corona virus Enveloped Complex, SARS-CoV-2, COVID-19, Astroviridae Astrovirus Naked Icosahedral, or Bornaviridae Borna disease virus Enveloped Helical.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the protection from negative-sense single-stranded RNA genomes and bacterial pathogens taught in Nelson to the deployable surgical apparatus taught in a modified Breegi, the motivation being to ensure the safety of the medical personnel and patients.
A further modified Breegi does not teach wherein the viruses that possess positive-sense single-stranded RNA genomes comprise one or more of:
picornaviruses, SARS virus, hepatitis C virus, yellow fever virus, or rubella virus.
Yang teaches wherein the viruses that possess positive-sense single-stranded RNA genomes comprise one or more of:
picornaviruses, SARS virus, hepatitis C virus, yellow fever virus, or rubella virus (Yang Paragraph 5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the protection from negative-sense single-stranded RNA genomes and bacterial pathogens taught in Nelson to the deployable surgical apparatus taught in a modified Breegi, the motivation being to ensure the safety of the medical personnel and patients.
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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/N.R.D./ Patent Examiner, Art Unit 3791
/CHRISTINE H MATTHEWS/ Primary Examiner, Art Unit 3791
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