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 .
Claim 26 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Claim 26 depends on cancelled claim 25
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 16-18, 21 and 23-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shenzhen (CN 210130353U).
See the rejection as set forth in the 6/12/25 Non-Final rejection.
Claims 19-20 and 22 are are rejected under 35 U.S.C. 103 as being unpatentable over Shenzhen (CN 210130353U) in view of Alelov (US 2012/0048266A1).
See the rejection as set forth in the 6/12/25 Non-Final rejection.
Applicant's arguments filed 9/11/25 have been fully considered but they are not persuasive.
In the first paragraph of page 7, applicant states:
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In regards to the assertion that the duration of each phase is never less than one quarter of T: this limitation does not appear to be present in the independent claim. In regards to the assertion that the length of each phase certainly does not depend on a user interaction parameter: this conclusory statement is made without supporting evidence and is weighted accordingly.
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 BENJAMIN L UTECH whose telephone number is (571)272-1137. The examiner can normally be reached M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shawn Decenzo can be reached at (571)270-3227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN L UTECH/Primary Examiner, Art Unit 6212
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