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 amendment filed on 10/07/2025. As directed by the amendment, claim 1 has been amended and claim 7 has been cancelled. As such, claims 1-6 and 8-17 are pending in the instant application.
Response to Arguments
Applicant's arguments on pages 6-11 of Remarks filed 10/07/2025 have been fully considered but they are not persuasive. Applicant argues “While Denyer indeed discloses an inhalation valve (element 26), its structural configuration is fundamentally different from that of amended Claim 1… By contrast, Denyer's controller 21 is merely an external electronic control unit positioned outside the mask and connected through the nebulizer and airflow passages, rather than a structural module integrated with the mask body.” Applicant further states that the inhalation valve taught by Denyer is not directly connected between the controller module and the mask body as expressly required by Claim 1. However, amended claim 1 only recites “wherein the first end of the inhaled valve is connected with the controlling module and the second end of the inhaled valve is connected with the body.” As such, amended claim 1 does not require the inhalation valve to be directly connected or structurally integrated between the controlling module and the mask body as argued by the applicant.
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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived 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, 8 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 204745279 U) (machine translated 7/10/2025) in view of Danford (US 9579540 B1), Gui (CN 107126604 A) (machine translated 7/10/2025), Daugherty (US 20190054095 A1) and Denyer (US 6192876 B1).
Regarding claim 1, Zhang teaches a substance delivery mask (mask A, see Figs. 1-3; Zhang teaches medical oxygen-absorbing spray mask with an atomizer as seen on page 2, last two paragraphs), comprising:
a body having a first surface and a second surface opposite to each other (mask A has a first surface on the exterior of the mask facing outside and a second surface on the interior of the mask facing the user which are opposite to each other as seen in Figs. 1-3);
an exhaling hole (exhalation vent F, see Figs. 1-3) disposed on the body (see Figs. 1-3), wherein a first end of the exhaling hole is exposed to the first surface, and a second end of the exhaling hole is exposed to the second surface (a first end of the exhalation vent F is exposed to the first surface and a second end of the exhalation vent F is exposed to the second surface as seen in Figs. 1-3 and page 1, second to last paragraph);
an air inlet (oxygen air inlet B, see Figs. 1-3) disposed on the body (see Figs. 1-3), wherein a first end of the air inlet is exposed to the first surface, and a second end of the air inlet is exposed to the second surface (a first end of the oxygen air inlet B is exposed to the first surface and a second end of the oxygen air inlet B is exposed to the second surface as seen in Figs. 1-3 and page 1, second to last paragraph);
and further teaches a mouth containing atomizing tube E shown in Figs. 1-3 for atomization as seen on page 1, first two paragraphs under summary of the invention
but does not teach an exhaling valve disposed on the body, wherein a first end of the exhaling valve is exposed to the first surface, and a second end of the exhaling valve is exposed to the second surface;
an inhaled valve disposed on the body, wherein a first end of the inhaled valve is exposed to the first surface, and a second end of the inhaled valve is exposed to the second surface; and
a fog module comprising:
a controlling module disposed on the first surface; a
container disposed on the controlling module and storing a mixed liquid, wherein the mixed liquid comprises water and a plurality of nanoparticles; and
an atomizer disposed on the container and configured to atomize the water of the mixed liquid to form a plurality of fog particles, wherein the fog particles are respectively wrapped in the nanoparticles
wherein the first end of the inhaled valve is connected with the controlling module and the second end of the inhaled valve is connected with the body.
However, Danford teaches a mask (face mask 14, see Figs. 1-3);
a body having a first surface and a second surface opposite to each other (face mask 14 has a body with a first surface seen in Figs. 1-2 and a second surface facing the patient as seen in Fig. 3, wherein the first surface and second surface are opposite to each other);
an exhaling valve (air exhaust valve assembly 104, see Figs. 1-3) disposed on the body (see Figs. 1-3), wherein a first end of the exhaling valve is exposed to the first surface, and a second end of the exhaling valve is exposed to the second surface (a first end of the air exhaust valve assembly 104 is exposed to the first surface as seen in Figs. 1-2 and a second end of the air exhaust valve assembly 104 is exposed to the second surface as seen in Fig. 3);
an inhaled valve (air admittance valve assembly 30, see Figs. 1-3) disposed on the body (see Figs. 1-3), wherein a first end of the inhaled valve is exposed to the first surface, and a second end of the inhaled valve is exposed to the second surface (a first end of the air admittance valve assembly 30 is exposed to the first surface as seen in Figs. 1-2 and a second end of the air admittance valve assembly 30 is exposed to the second surface as seen in Fig. 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by Zhang to replace the exhaling hole and air inlet with the exhaling valve and inhaled valve as taught by Danford as an alternative inhaled/exhaling structure known in the art and furthermore, to be able to adjust the degree of air inhalation of the air admittance valves (see Col. 8, line 66 to Col. 9, line 12).
However, Gui teaches a substance delivery mask (Gui teaches a medical mask including a body, wherein the body is connected with an atomizer as seen on page 1, fifth paragraph from the bottom);
a body having a first surface and a second surface opposite to each other (Gui teaches the mask to have a first surface on the exterior of the mask facing outside (towards reference number 22) and a second surface on the interior of the mask facing the user which are opposite to each other as seen in Figs. 1-3)
a fog module (heating device 20, ultrasonic vibrating plate 21, guide liquid 26, liquid storage chamber 27 and main control board 31, see Fig. 1) comprising:
a controlling module (main control board 31, see Fig. 1) disposed on the first surface (main control board 31 is disposed on the first surface as seen in Fig. 1);
a container (liquid storage chamber 27, see Fig. 1) disposed on the controlling module (liquid storage chamber 27 is disposed on main control board 31 as seen in Fig. 1 as the chamber 27 is on top of the board 31) and storing a liquid (liquid medicine 28 is stored within liquid storage chamber 27); and
an atomizer (heating device 20, ultrasonic vibrating plate 21and guide liquid 26 see Fig. 1; “The atomizer comprises a heating device 20 and an ultrasonic vibrating plate 21…” see page 3 second to last paragraph, first sentence) disposed on the container (the atomizer including heating device 20 and guide liquid 26 is disposed on liquid storage chamber 27 as seen in Fig. 1 and page 3, second paragraph from the bottom) and configured to atomize the water of the liquid to form a plurality of fog particles (the main control board controls the heating device and ultrasonic oscillating plate to atomize the drug into mist (with the liquid medicine 28 as seen on page 2, paragraph 4) with air flow towards the human cavity as seen on page 4, fourth paragraph).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by Zhang in view of Danford to replace the mouth containing atomizing tube taught by Zhang with the fog module as taught by Gui as an alternative atomizer on the mask that allows for high utilization rate of medicine, convenient use and allows the mask to be reusable (see page 2, paragraph above Brief Description of the Drawings Fig).
The modified mask of Zhang does not disclose a container storing a mixed liquid, wherein the mixed liquid comprises water and a plurality of nanoparticles; wherein the fog particles are respectively wrapped in the nanoparticles
However, Daugherty teaches nebulizable budesonide composition may comprise of a bifunctional polymer (see [0116]) such as an amphiphilic polymer comprising hydrophobic and hydrophilic portions (see [0118]). Daugherty further teaches the amphiphilic polymer can be selected from the group consisting of a vinyl copolymer having alginates (see [0121]) and the budesonide composition may comprise of at least 70 wt. % water as seem in [0115]. Therefore, the nebulizable budesonide composition includes at least 70 wt. % water and an amphiphilic polymer with alginates (taken as nanoparticle).
Both Zhang and Gui teaches using a medical mask and Gui further teaches having liquid medicine stored within the chamber but is silent on what the medicine is. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to replace the liquid in the container with the nebulizable budesonide composition taught by Daugherty for an known inhalable composition that can be nebulized (see [0005]-[0007]) and furthermore is used for treatment in patients with inflammatory lung diseases ([0004]). Modified Zhang teaches a container storing a mixed liquid (Gui teaches a liquid storage chamber 27 in Fig. 1 and Daugherty teaches using a nebulizable budesonide composition), wherein the mixed liquid comprises water and a plurality of nanoparticles (Daugherty teaches nebulizable budesonide composition may comprise of a bifunctional polymer (see [0116]) such as an amphiphilic polymer comprising hydrophobic and hydrophilic portions (see [0118]). Daugherty further teaches the amphiphilic polymer can be selected from the group consisting of a vinyl copolymer having alginates (see [0121]) and the budesonide composition may comprise of at least 70 wt. % water as seem in [0115]. Therefore, the nebulizable budesonide composition includes at least 70 wt. % water and an amphiphilic polymer with alginates (taken as nonparticle)); wherein the fog particles are respectively wrapped in the nanoparticles (Gui teaches a liquid storage chamber 27 connected to a heating device 20 and ultrasonic plate 21 as shown in Fig. 1. When the main control board of Gui controls the heating device and ultrasonic oscillating plate to atomize the nebulizable budesonide composition taught by Daugherty, the fog particles are respectively wrapped in the nanoparticles as modified Zhang holds the same structure as applicant’s claim limitation and therefore should be able to perform the same function).
However, Denyer teaches an inhaled valve (inhalation valve 26, see Fig. 2);
wherein the first end of the inhaled valve is connected with the controlling module (the first end of the inhalation valve 26 is connected to controller 21 through nebulizer 1 as seen in Fig. 2 and Col. 9, lines 53-57) and the second end of the inhaled valve is connected with the body (the second end of the inhalation valve 26 is connected with inlet 11a of face mask 11 as seen in Fig. 2 and Col. 9, lines 17-29).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to include an inhalation valve as taught by Denyer to have the inlet of the face mask prevent exhalation therethrough (see Col. 4, lines 35-36).
Regarding claim 8, modified Zhang teaches the mask of claim 1, and Daugherty further teaches wherein each of the nanoparticles is an AGO particle (Applicant’s specification recites “The AGO particles 4024 are made of an amphiphilic alginate (see page 9, lines 4-5).” Daugherty teaches a nebulizable budesonide composition comprising of a bifunctional polymer (see [0116]) such as an amphiphilic polymer (see [0118]). Daugherty further teaches the amphiphilic polymer can be selected from the group consisting of a vinyl copolymer having alginates (see [0121]). Therefore, the nebulizable budesonide composition includes an amphiphilic polymer with alginate).
Regarding claim 14, modified Zhang teaches the mask of claim 8, and Daugherty further teaches wherein each of the AGO particles is made of amphiphilic alginate (Daugherty teaches a nebulizable budesonide composition comprising of a bifunctional polymer (see [0116]) such as an amphiphilic polymer (see [0118]). Daugherty further teaches the amphiphilic polymer can be selected from the group consisting of a vinyl copolymer having alginates (see [0121]). Therefore, the nebulizable budesonide composition includes an amphiphilic polymer with alginate).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 204745279 U) in view of Danford (US 9579540 B1), Gui (CN 107126604 A), Daugherty (US 20190054095 A1) and Denyer (US 6192876 B1), as applied to claim 1 above, and further in view of Adams (US 4905686 A).
Regarding claim 2, modified Zhang teaches the mask of claim 1, but does not teach wherein the body is made of airproof material.
However, Adams teaches wherein the body is made of airproof material (“Mask 10 is preferably made of a lightweight moldable plastic material…” See Col. 3, lines 18-20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to be made out of a lightweight moldable plastic material as taught by Adams for a lightweight face mask.
Regarding claim 3, modified Zhang teaches the mask of claim 2, and Adams further teaches wherein the airproof material comprises silicon, rubber, plastic, or a combination thereof (“Mask 10 is preferably made of a lightweight moldable plastic material…” See Col. 3, lines 18-20).
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 204745279 U) in view of Danford (US 9579540 B1), Gui (CN 107126604 A), Daugherty (US 20190054095 A1) and Denyer (US 6192876 B1), as applied to claim 1 above, and further in view of Zilberstein (US 20160317848 A1).
Regarding claim 4, modified Zhang teaches the mask of claim 1, but does not teach wherein the body is made of breathable material.
However, Zilberstein teaches wherein the body is made of breathable material (Zilberstein teaches mask 10 to include one or more layers of a woven or nonwoven filter material to assist dielectrophoretic filter 20 in filtering microbes or other airborne contaminants, wherein the filter material includes a nonwoven polypropylene material as seen in Fig. 1 and [0089]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to be made out of a nonwoven polypropylene material as taught by Zilberstein to aid in filtering microbes or other airborne contaminants (see [0089]).
Regarding claim 5, modified Zhang teaches the mask of claim 4, and Zilberstein further teaches wherein the breathable material comprises at least one of polypropylene nonwoven material, melt-blown nonwoven material, and composite nonwoven material (Zilberstein teaches mask 10 to include one or more layers of a woven or nonwoven filter material to assist dielectrophoretic filter 20 in filtering microbes or other airborne contaminants, wherein the filter material includes a nonwoven polypropylene material as seen in Fig. 1 and [0089]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 204745279 U) in view of Danford (US 9579540 B1), Gui (CN 107126604 A), Daugherty (US 20190054095 A1) and Denyer (US 6192876 B1), as applied to claim 1 above, and further in view of Lurie (US 20030192547 A1).
Regarding claim 6, modified Zhang teaches the mask of claim 1, and Gui further teaches wherein the controlling module comprises a battery (battery 35, see Fig. 1), a programming module (main control board 31, see Fig. 1), wherein the battery is connected with the programming module (“…the main control plate 31 is electrically connected with the battery 35.” See page 3, last paragraph, last line)
but does not teach a switch, and the switch is connected between the battery and the programming module.
However, Lurie teaches wherein the controlling module (metronome module 26, see Figs. 1-2) comprises a battery (battery 30, see Fig. 2), a programming module (metronome circuit 28, see Fig. 2), and a switch (on/off slide switch 32, see Fig. 1), wherein the battery is connected with the programming module (“A battery 30 is also included to supply power to metronome circuit 28.” See [0037]), and the switch is connected between the battery and the programming module (“An on/off slide switch 32 is provided to turn metronome module 26 on and off.” See [0037]; the on/off switch 32 is connected between battery 30 and metronome circuit 28 as it connects/disconnects the connection between the battery 30 and metronome circuit 28 to turn the metronome module 26 on and off).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to have the controlling module include a switch, wherein the switch is connected between the battery and programming module as taught by Lurie to be able to turn the module on and off for convenience (see [0015]).
Claim(s) 9-10 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 204745279 U) in view of Danford (US 9579540 B1), Gui (CN 107126604 A), Daugherty (US 20190054095 A1) and Denyer (US 6192876 B1), as applied to claim 8 above, and further in view of Loxley (US 20100124535 A1).
Regarding claim 9, modified Zhang teaches the mask of claim 8, and Daugherty further teaches the nebulizable budesonide composition including an active pharmaceutical ingredient (API) such as dexamethasone as seen in [0063], but does not teach wherein each of the AGO particles is coated with at least one medicine.
However, Loxley teaches encapsulating active pharmaceutical agents or ingredients to a particle and aerosolized, including corticosteroids as seen in [0031].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to have the medicine encapsulate/coat the particle as taught by Loxley as a known method of attaching/adding an active pharmaceutical agent to a particle (see [0031]).
Regarding claim 10, modified Zhang teaches the mask of claim 9, and Daugherty further teaches wherein the at least one medicine comprises at least one of a remdesivir, a dexamethasone, a favipiravir, an avigan, a hydroxychloroquine, a carfilzomib, a darunavi, a pitavastatin, a lamivudine, a lopinavir, a nelfinavir, a ritonavir, a darunavir, a ledipasvir, a telaprevir, a rosuvastatin calcium, an atovaquone, a moexipril, an azithromycin, a curcumin, and an artemisinin (Daugherty teaches the nebulizable budesonide composition including an active pharmaceutical ingredient (API) such as dexamethasone as seen in [0063]).
Regarding claim 12, modified Zhang teaches the mask of claim 8, and Daugherty further teaches the budesonide composition to comprise of one or more antioxidants including ascorbic acid, vitamin A, vitamin E, tocopherols, vitamins or pro-vitamins occurring in the human body, or a combination of two or more of the foregoing antioxidants but does not teach wherein each of the AGO particles is coated with at least one nutritional product.
However, Loxley teaches encapsulating active pharmaceutical agents or ingredients to a particle and aerosolized, including nutritional agents as seen in [0031].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to have the nutritional agents encapsulate/coat the particle as taught by Loxley as a known method of attaching/adding an active pharmaceutical agent to a particle (see [0031]).
Regarding claim 13, modified Zhang teaches the mask of claim 8, and Daugherty further teaches the nebulizable budesonide composition including an active pharmaceutical ingredient (API) as seen in [0063] but does not teach wherein each of the AGO particles is coated with at least one vaccine.
However, Loxley teaches encapsulating active pharmaceutical agents or ingredients to a particle and aerosolized, including vaccines as seen in [0031].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to have the vaccine encapsulate/coat the particle as taught by Loxley as a known method of attaching/adding an active pharmaceutical agent to a particle (see [0031]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 204745279 U) in view of Danford (US 9579540 B1), Gui (CN 107126604 A), Daugherty (US 20190054095 A1), Denyer (US 6192876 B1), and Loxley (US 20100124535 A1). as applied to claim 9 above, and further in view of Donnelly (US 6878751 B1)
Regarding claim 11, modified Zhang teaches the mask of claim 9, but does not teach wherein the at least one medicine comprises at least one of a xiaoqinglong decoction, a San-huang gu-ben zhi-ke, a resveratrol, a P. cuspidatum, a lonicera extract, a houttuynia extract, a glycyrrhizae radix extract, a trichosanthis fructus extract, a parsnips extract, a mulberry leave extract, a mint extract, a perilla extract, a mumeplant extract, a poria extract, an atractylodes macrocephala extract, an agastache rugosa extract, a ganoderma extract, a curcuma extract, an astragalus extract, a phellinus linteus extract, an andrographis extract, an artemisia absinthium extract, a danshen extract, and a cinnamon extract.
However, Donnelly teaches wherein the at least one medicine comprises at least one of a xiaoqinglong decoction, a San-huang gu-ben zhi-ke, a resveratrol, a P. cuspidatum, a lonicera extract, a houttuynia extract, a glycyrrhizae radix extract, a trichosanthis fructus extract, a parsnips extract, a mulberry leave extract, a mint extract, a perilla extract, a mumeplant extract, a poria extract, an atractylodes macrocephala extract, an agastache rugosa extract, a ganoderma extract, a curcuma extract, an astragalus extract, a phellinus linteus extract, an andrographis extract, an artemisia absinthium extract, a danshen extract, and a cinnamon extract (Donnelly teaches using an active agent of resveratrol in combination with a pharmaceutically acceptable carrier suitable for pulmonary drug delivery (see Col. 4, lines 27-35) wherein the pulmonary formulation can be administered via a nebulizer as seen on Col. 10, lines 33-44).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the mask taught by modified Zhang to use an active agent of resveratrol as taught by Donnelly as it is useful for treating patients suffering from or prone to certain lung conditions, disorders or diseases associated with or caused by local inflammation (see Col. 11, lines 36-58).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 204745279 U) in view of Danford (US 9579540 B1), Gui (CN 107126604 A), Daugherty (US 20190054095 A1) and Denyer (US 6192876 B1), as applied to claim 8 above, and as evidenced by “Alginate-Based Amphiphilic Block Copolymers as a Drug Codelivery Platform” (hereinafter, known as Feng).
Regarding claim 15, modified Zhang teaches the mask of claim 8, and Daugherty teaches the osmolality and/or tonicity of the homogeneous budesonide solution may be adjusted by adding calcium chloride (see [0138]). Therefore, the AGO particle may be isotonic with respect to fluids within the lungs, eyes or nose as seen in [0138] of Daugherty but does not disclose wherein an average diameter of each of AGO particles is from 100nm to 500nm.
However, as evidenced by Feng, Feng teaches alginate-containing amphiphilic block copolymer materials, wherein alginate has been investigated and used for many biomedical applications including drug delivery systems due to its biocompatibility, low toxicity, and facile gelation (see page 2, last paragraph to page 3, first paragraph). Feng further teaches the comb copolymers to self-assemble into nanoparticles ranging between 100–500 nm when introducing calcium chloride (see page 3, first paragraph).
Regarding claim 16, modified Zhang teaches the mask of claim 15, and further teaches wherein each of the fog particles is an aerosol particle and the aerosol particle comprises a concentration ranging from 0.001% to 5% by weight (Gui teaches a liquid storage chamber 27 filled with nebulizable budesonide composition (taught by Daugherty) connected to a heating device 20 and ultrasonic plate 21 as shown in Fig. 1. The main control board of Gui controls the heating device and ultrasonic oscillating plate to atomize the nebulizable budesonide composition, wherein each of the fog particle atomized is an aerosol particle comprising a concentration of 0.01 wt. % of budesonide as seen on [0060]).
Regarding claim 17, modified Zhang teaches the mask of claim 16, and further teaches wherein the aerosol particle is biocompatible and biodegradable (Applicant’s specification recites “The aerosol particles are biocompatible and biodegradable and can be taken by inhalation or oral (see page 8, lines 25-26.” Daugherty teaches an inhalable budesonide solution administered to patients (see [0006]) that can be administered via a nebulizer (see [0176]) and therefore the budesonide solution/composition is biocompatible and biodegradable. As such, when Gui controls the heating device 20 and ultrasonic oscillating plate 21 to atomize (see page 4, fourth paragraph of Gui) the nebulizable budesonide composition, the aerosol particles are biocompatible and biodegradable).
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 Tina Zhang whose telephone number is (571)272-6956. The examiner can normally be reached Monday - Friday 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TINA ZHANG/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785