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 .
Status of the Claims
Claims 1, 3-4, 6, and 9-18 are currently pending and are subject to this office action. Claim 1 is amended. Claims 12-18 are newly added. Claims 2, 5, and 7-8 are canceled. This office action is in response to Applicant’s amendment filed on 11/14/2025.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 11/14/2025 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 6-10, filed 11/14/2025, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “wherein the two vent grooves are arranged in the same plane”. However, upon further consideration, a new ground(s) of rejection is made in view of Kennedy (US 3341185 A).
The following are modified rejections based on Applicant’s amendments to the claims.
Claim Objections
Claim 14 is objected to because of the following informalities:
Line 4: “vent groove extends form” should read “vent groove extends from”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 6, 9, 10, 11, 12, 14, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 109007980 A, hereinafter citations referring to English Machine Translation), and further in view of Wu (CN 109452691 A, hereinafter citations referring to the English Machine Translation) and Kennedy (US 3341185 A).
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With regard to Claim 1, Li, directed to an atomizing device and electronic cigarette, teaches (i) an atomizer for atomizing tobacco liquid into smoke [0063]. (ii) The electronic cigarette further comprises a liquid storage cavity used to store tobacco liquid [0008]. (iii) The electronic cigarette further comprises a base (Fig. 2: #14) with side walls (Fig. 2: #142), creating a housing for the base (Fig. 2: #14). The base (Fig. 2: #14) further contains a sealing element (Fig. 2: #15, [0041]) comprising a top wall (Fig. 5: #151), relating to the separating plate of the claimed invention. (iv) The top wall (Fig. 5: #151) comprises a hole in the center of the plate and helps create an air channel [0043] that is in communication with the liquid storage cavity (Fig. 2: #111, [0044]).
(v) A heating component (Fig. 2: #12) is fixed between the base (Fig. 2: #14) and an upper cover (Fig. 2: #13, [0027]). The heating component (Fig. 2: #12) is configured to heat the tobacco liquid stored in the liquid storage chamber [0026]. (vi) The sealing element (Fig. 2: #15) is arranged continuously below the top wall (Fig. 7: #151) and above the heating component (Fig. 2: #12, [0028]). (vii) Two gas guiding grooves (Fig. 7: #1511 and #1521) are provided on the underside of the sealing element (Fig. 7: #15) and are fixed on the base (Fig. 2: #14, [0041]). (viii) The two gas guiding grooves help form the air guiding channel in communication with the liquid storage cavity (Fig. 2: #111, [0044]) and receive external air that flows into an air inlet hole of the base (Fig. 2: #14, [0040 and 0048]).
(ix) The two gas guiding grooves are provided on an underside of the top wall (Fig. 7: #151) of the sealing element (Fig. 7: #15). (x) The two gas guiding grooves comprise a first gas guiding groove (Fig. 7: #1511) and a second gas guiding groove (Fig. 7: #1521) that are adjacent to each other in an end-to-end manner around the hole formed by the top wall (Fig. 5: #151), the top wall relating to the separating plate of the claimed invention. (xi) An air guiding channel is formed between the first air guiding groove (Fig. 7: #1511) and the second air guiding groove (Fig. 7: #1521, [0048]). One of ordinary skill in the art would find it obvious that if the two air guiding grooves form an air channel, the opening of one air guiding groove would functionally align with the inlet of another. Li teaches all the limitations of the claims as set forth above, however Li is silent to:
The seal member comprising an opening that is in communication with the through hole for the e-liquid to enter the vaporization core through the opening
Wherein the vent grooves are arranged in the same plane
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In regards to i., Wu, directed to an atomizing device and electronic atomizing unit, teaches (i) a first sealing member (Fig. 2: #13) in contact with a flange (Fig. 2: #112) surrounded by a hole [0036], relating to the through hole of the claimed invention. The first sealing member (Fig. 2: #13) guides air into the liquid storage chamber (Fig. 2: #1101, [0063]) and smoke liquid from the liquid storage chamber (Fig. 2: #1101) can flow through the hole of the flange (Fig. 2: #112) to the heating component (Fig. 2: #12, [0036]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the seal member of modified Li to comprise an opening that is in communication with the through hole for the e-liquid to enter the vaporization core through the opening because both Li and Wu are directed to solving poor liquid discharge and improving user smoking experiences. Li teaches a sealing member with a hole to guide air into a liquid storage chamber, to a hole of a flange to a heating component, to prevent smoke liquid from leaking [0036] and this merely involves applying a known way of communication between several components of an aerosol generating device ready for improvement to yield predictable results.
In regards to ii., Kennedy, directed to a fuel injector, teaches (ii) two air grooves which are coplanar [44]. One of ordinary skill in the art would be motivated to modify the vent grooves of modified Li to be coplanar to provide equal and constant airflow behavior between the two grooves [45].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vent grooves of modified Li to wherein the vent grooves are arranged in the same plane because both Li and Kennedy are directed to improving airflow control to achieve a more stable airflow distribution. Kennedy teaches coplanar air grooves to provide equal and constant airflow behavior [45] and this merely involves applying a known locational relationship between known vent grooves of an aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 3, Li teaches (i) a third air guiding groove (Fig. 7: #1531), relating to the buffer groove of the claimed invention, below the top wall (Fig. 7: #151), facing away from the liquid storage cavity. (ii) The third air guiding groove (Fig. 7: #1531) is connected to the path of the second air guiding groove (Fig. 7: #1521, [0055]). (iii) A cross-sectional area of the third air guiding groove (Fig. 7: #1531) in a direction of the first air guiding groove (Fig. 7: #1511) is greater than a cross-sectional area of the third air guiding groove (Fig. 7: #1531) in a direction of the second air guiding groove (Fig. 7: #1521). (iv) The sealing element (Fig. 7: #15) covers the third air guiding groove (Fig. 7: #1531) by being held within an interior area of the sealing element (Fig. 7: #15).
With regard to Claim 6, Modified Li teaches all of the limitations of the claims as set forth above, however modified Li is silent to:
Wherein the seal member comprises an isolation gasket
Wherein the isolation gasket abuts against the housing of the mounting base
Wherein at least one air inlet of the first vent groove and the second vent groove is misaligned with the isolation gaskets.
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Wu teaches (i) wherein the sealing member (Fig. 6: #13) comprises two edge seals (Fig. 6: "edge seals"), relating to the isolation gasket of the claimed invention. (ii) The two edge seals (Fig. 6: “edge seals”) of the sealing member (Fig. 6: #13) are in contact with a second seal (Fig. 6: #15) of support columns of a base [0058]. (ii) The first and second guide grooves (Fig. 7: #201 and #202) form an air channel, relating to the at least one air inlet of the claimed invention, which is between the gap of the sealing member (Fig. 6: #13) and a first tube wall [0033]. One of ordinary skill in the art would understand that the edge seals are part of the sealing member and since the air channel is formed between the sealing member and a first tube wall, the groove are not aligned with the edge seals.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the seal member of modified Li to comprise an isolation gasket that abuts against the housing of the mounting base and wherein at least one air inlet of the first vent groove and the second vent groove is misaligned with the isolation gaskets because both Li and Wu are directed to preventing liquid leakage while liquid flows through components of the device. Wu teaches a sealing member comprising two edge seals to further prevent smoke liquid in the liquid storage chamber from leaking and secure the seal [0036] and this merely involves applying a known gasket to a known sealing element of an aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 9, Li teaches (i) base side walls (Fig. 4a: #142), relating to the base of the claimed invention, connected to the base (Fig. 4a: #14), relating to the mounting base of the claimed invention. The base side walls (Fig. 4a: #142) are in contact with the heating component (Fig. 2: #12, [0039]). (ii) The base side walls (Fig. 4a: #142) form a space (Fig. 4a: #140) used to accommodate the heating component (Fig. 2: #12, [0039]).
(iii) The space (Fig. 4a: #140) receives air flow through an air inlet (Fig. 4a: #14a). The first and second air guiding grooves (Fig. 7: #1511 and #1521) form an air guiding channel which guides air flow into an air inlet hole (Fig. 4a: #14a) of the space (Fig. 4a: #140). (iv) The base side walls (Fig. 4a: #142) are connected to a base bottom wall (Fig. 4a: #141), facing upward from the base (Fig. 4a: #14). The base bottom wall (Fig. 4a: #141) comprises a vent hole (Fig. 2: #14b, [0039]). The vent hole (Fig. 2: #14b) is in communication with external airflow and the heating component (Fig. 2: #12, [0039]).
With regard to Claim 10, Li teaches (i) an electronic cigarette comprising a power supply assembly [0063], meeting the claim limitation of a body assembly. (ii) The electronic cigarette comprises an atomizer [0063]. (iii) The power supply assembly and the atomizer are connected, allowing the power supply assembly to supply power to the atomizer to operate so as to atomize tobacco liquid into smoke [0063].
With regard to Claim 11, Li teaches wherein a bottom wall (Fig. 7: #153) of the first sealing member (Fig. 7: #15) can be arranged in a gasket shape [0043], meeting the claim limitation of a seal ring gasket. Modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Two isolation gaskets respectively arranged on two opposite ends of the seal ring gasket
The seal ring gasket comprising the opening
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Wu teaches (i) wherein the sealing member (Fig. 6: #13) comprises a ring (Fig. 6: “ring”), relating to the seal ring gasket of the claimed invention. The ring (Fig. 6: “ring) comprises two edge seals (Fig. 6: "edge seals") to improve the effectiveness of the sealing member [0054], meeting the claim limitation of two isolation gaskets. (ii) The ring (Fig. 6: “ring”) comprises an opening (Fig. 6: “opening”) in its center.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the seal member of modified Li to comprise two isolation gaskets respectively arranged on two opposite ends of the seal ring gasket and the seal ring gasket comprising the opening because both Li and Wu are directed to preventing liquid leakage while liquid flows through components of the device. Wu teaches a sealing member with a ring, comprising two edge seals to further prevent smoke liquid in the liquid storage chamber from leaking and secure the seal [0036] and this merely involves applying a known gasket to a known sealing element of an aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 12, Li teaches (i) wherein the first gas guiding grooves (Fig. 6: #1511) comprises an inner end (Fig. 6: #I1) and an outer end (Fig. 6: #O1). The second gas guiding groove (Fig. 6: #1521) also comprises an inner end (Fig. 6: #I2) and an outer end (Fig. 7: #O2). (ii) The two inner ends (Fig. 6: #I1 & #I2) are arranged closer to the through hole of the top wall (Fig. 6: #151) compared to their outer ends.
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With regard to Claim 14, Li teaches wherein (i) the first gas guiding groove (Fig. 7: #1511) and the second gas guiding groove (Fig. 7: #1521) extends from their inner ends (Fig. 7: #I1 & #I2) in a curved manner. Modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Wherein the first vent groove extends from the inner end of the first vent groove in a circumferential direction around the through hole of the separating plate
Wherein the second vent groove extends from the inner end of the second vent groove in the circumferential direction.
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Kennedy teaches (i) a first air groove (Fig. 11: #196) that extends from an inner end in a circumferential direction around a valve (Fig. 11: #61). (ii) A second air groove (Fig. 11: #198) also extends from an inner end in a circumferential direction around the valve (Fig. 11: #61) to maintain constant air flow [44].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the first and second vent grooves of modified Li to wherein the first vent groove extends from the inner end of the first vent groove in a circumferential direction around the through hole of the separating plate and wherein the second vent groove extends from the inner end of the second vent groove in the circumferential direction because both Li and Kennedy are directed to improving airflow control to achieve a more stable airflow distribution. Kennedy teaches air grooves that extend in a circumferential direction to maintain constant air flow and this merely involves applying a known locational characteristic to grooves of a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 17, modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Wherein the two vent grooves are rotationally symmetrical to one another about the through hole of the separating plate
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Kennedy teaches wherein the first and second air grooves (Fig. 11: #196 & #198) are rotationally symmetrical about the valve (Fig. 11: #61) to not affect the constant and equal air flow around the valve [45].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vent grooves of modified Li to wherein the two vent grooves are rotationally symmetrical to one another about the through hole of the separating plate because both Li and Kennedy are directed to improving airflow control to achieve a more stable airflow distribution. Kennedy teaches symmetrical, coplanar air grooves to provide equal and constant airflow behavior [45] and this merely involves applying a known locational relationship between known vent grooves of an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 18, modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Wherein the first vent groove and the second vent groove each extend in their entirety within the same plane
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Kennedy teaches coplanar first and second air grooves (Fig. 11: #196 & #198) which are coplanar and each extend on the same a horizontal plane [44]. One of ordinary skill in the art would be motivated to modify Li with the air grooves of Kennedy to provide equal and constant airflow behavior [45].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vent grooves of modified Li to wherein the first vent groove and the second vent groove each extend in their entirety within the same plane because both Li and Kennedy are directed to improving airflow control to achieve a more stable airflow distribution. Kennedy teaches coplanar air grooves in the same horizontal plane to provide equal and constant airflow behavior [45] and this merely involves applying a known locational relationship between known vent grooves of an aerosol generating device ready for improvement to yield predictable results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 109007980 A, hereinafter citations referring to English Machine Translation), Wu (CN 109452691 A), and Kennedy (US 3341185 A), as applied to claims 1 and 3, and further in view of Cadieux (US 20180289072 A1).
With regard to Claim 4, Li teaches (i) wherein a depth of the first air guiding groove is 0.1 mm – 0.3 mm [0045], showing a significant amount of overlap in the claimed range of 0.1 mm – 0.5 mm and is therefore considered prima facie obvious. (ii) One of ordinary skill in the art would find it obvious to modify the buffer groove of modified Li by altering the dimensions of the buffer groove to optimize airflow within the grooves. Further, altering size generally refers to a discovery of optimum or workable ranges or values. (MPEP 2144.04(IV)(A)). Modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Wherein a width of the at least one vent groove in a direction perpendicular to the path direction ranges from 0.1 mm to 0.5 mm
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Cadieux, directed to an electronic smoking article, teaches an annular recess, wherein the annular recess is about 0.2 mm to 0.6 mm wide [0024] in a path of a connector piece in the electronic smoking article (Fig. 4: #37) to prevent exposure of fibrous media and heating materials [0003], showing a significant amount of overlap of width range 0.1 mm to 0.5 mm in the claimed invention and is therefore considered prima facie obvious.
Therefore, before the effectively filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the one vent groove of modified Li to have a width in a direction perpendicular to the path direction in a range of 0.1 mm to 0.5 mm because both Li and Cadieux are directed to devices that vaporize liquid material to produce an aerosol preventing exposure of liquid. Cadieux teaches an annular recess having a width of 0.2 mm to 0.6 mm to prevent exposure of fibrous media and heating materials [0003] and this merely involves applying known sizing measurements to a known recess of an aerosol generating device ready for improvement to yield predictable results.
Claims 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 109007980 A, hereinafter citations referring to English Machine Translation), Wu (CN 109452691 A), and Kennedy (US 3341185 A), as applied to claims 1, 3, and 12 and further in view of Chen (WO 2017035720 A1, hereinafter citations referring to English Machine Translation).
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With regard to Claim 13, Li teaches wherein (i) the inner end (Fig. 6: “I1”) of the first gas guiding groove (Fig. 6: #1511) extends laterally outward from the through hole of the top wall (Fig. 6: #151) in a first direction. (ii) The inner end of (Fig. 6: ”I2”) of the second gas guiding groove (Fig. 7: #1521) extends laterally outward from the through hole in the top wall (Fig. 6: #151). Modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
The first direction and second direction being opposite directions relative to one another
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Chen, directed to an e-cigarette, teaches a first air guide groove (Fig. 3: #2662) and a second air guide groove (Fig. 3: #2664) disposed in opposite directions relative to one another (Pg. 8, Paragraph 4, Lines 6-7) such that an airflow connection is formed and external gas can enter to atomizer (Pg. 8, Paragraph 5, Lines 3-5).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the directions of the first and second vent grooves of modified Li to wherein first direction and second direction being opposite directions relative to one another because both Li and Chen are directed to improving flow efficiency and reducing risks of leakage in aerosol generating devices. Chen teaches two air grooves disposed in opposite directions to improve the airflow connection of external gas (Pg. 8, Paragraph 5, Lines 3-5) and this merely involves combining prior art elements according to known air groove configurations to yield predictable results.
With regard to Claim 15, modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Wherein both the inner end of the first vent groove and the outer end of the second vent groove extend in the first direction
Wherein both the inner end of the second vent groove and the outer end of the first vent groove extend in the second direction
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Chen teaches wherein (i) an inner end (Fig. 3: “I1”) of the first annular air guide groove (Fig. 3: #2662) and an outer end (Fig. 3: “O2”) of the second annular air guide groove (Fig. 3: #2664) extend about the opening in a clockwise direction. (ii) An inner end (Fig. 3: “I2”) of the second annular air guide groove (Fig. 3: #2662) and an outer end (Fig. 3: “O1”) of the first annular air guide groove (Fig. 3: #2664) extend about the opening in a counter-clockwise direction to improve the airflow connection of external gas (Pg. 8, Paragraph 5, Lines 3-5
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the inner and outer ends of the first and second vent grooves to wherein both the inner end of the first vent groove and the outer end of the second vent groove extend in the first direction and wherein both the inner end of the second vent groove and the outer end of the first vent groove extend in the second direction because both Li and Chen are directed to improving flow efficiency and reducing risks of leakage in aerosol generating devices .Chen teaches a first and second grooves with inner and outer portions that extend in different directions to improve the airflow connection of external gas (Pg. 8, Paragraph 5, Lines 3-5) and this merely involves applying a known directional relationship between grooves of a known aerosol generating device ready for improvement to yield predictable results.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 109007980 A, hereinafter citations referring to English Machine Translation), Wu (CN 109452691 A), and Kennedy (US 3341185 A), as applied to claims 1, 3, and 12, and further in view of Liu (WO 2015074264 A1), hereinafter citations referring to English Machine Translation).
With regard to Claim 15, modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Wherein the inner end of the first vent groove is adjacent the outer end of the second vent groove
Wherein the inner end of the second vent groove is adjacent the outer end of the first vent groove
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Liu, directed to an electronic cigarette, teaches (i) wherein the inner end (Fig. 16: #I1) of the first vent groove (Fig. 16: #143) is adjacent to an outer end (Fig. 16: #O2) of the second vent groove (Fig. 16: #144). (ii) The inner end (Fig. 16: #I2) of the second vent groove (Fig. 16: #144) is adjacent to an outer end (Fig. 16: #O1) of the first vent groove (Fig. 16: #143) to form an airflow channel to allow outside air to enter (Pg. 23, Paragraph 7, Line 3).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the first and second vent grooves to wherein the inner end of the first vent groove is adjacent the outer end of the second vent groove and wherein the inner end of the second vent groove is adjacent the outer end of the first vent groove because both Liu and Li are directed to prolonging the service life of the device. Liu teaches adjacent inner and outer ends of first and second vent grooves to form an airflow channel to allow outside air to enter (Pg. 23, Paragraph 7, Line 3) and this merely involves applying a known locational relationship to grooves of a known aerosol generating device ready for improvement to yield predictable results.
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 OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755