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 and 3-16 are currently pending and are subject to this office action. Claims 1 and 3-9 are amended. Claims 10 and 11 are withdrawn. Claim 2 is canceled. Claims 12-16 are newly added. This office action is in response to Applicant’s amendment filed on 05/01/2026 and 05/25/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 05/01/2026 containing amendments and remarks to the abstract and specification.
In response to Applicant’s amendments filed 05/01/2026 , the Examiner withdraws the objection to the abstract for excessive length.
In response to Applicant’s amendments filed 05/01/2026 , the Examiner withdraws the objection to the specification for minor informalities.
Response to Arguments
Applicant’s arguments, on pages 8-11, filed 05/01/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The Applicant has amended claim 1 to include limitations of now canceled claim 2 and limitations that were not previously presented, specifically, “a heater, comprising a substrate forming at least a part of the cavity; a color detector, arranged at an end of the substrate adjacent to the opening”. However, upon further consideration, a new ground(s) of rejection is made in view of Van (US 20210259311 A1) and Chong (US 20200375256 A1).
The following are modified rejections based on Applicant’s amendments to the claims.
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, 5, 6, 7, 8, 9, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20190143146 A, as cited in IDS dated 04/03/2024 and hereinafter citations referring to English Machine Translation), and further in view of Van (US 20210259311 A1), Chong (US 20200375256 A1), and Moloney (WO 2019185747 A1, as cited in IDS dated 04/03/2024).
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With regard to Claim 1, Han, directed to a fine particle generator, teaches (i) a generating device with an outer housing (Fig. 1: #100) comprising an opening (Fig 1: "O") for a cigarette (Fig. 1: #10) to be inserted [0017]. (ii) A cartridge (Fig. 1: #50), meeting the claim limitation of a cavity, receives the cigarette (Fig. 1: #10) through the opening (Fig. 1: "O", [0017]). (iii) A heater (Fig. 1: #20) is configured to vaporize an inhalant substance of the cigarette, allowing a user to inhale the vaporized substance [0005].
(iv) A color sensor (Fig. 3: #60) is configured to emit light and detect reflected light from the cigarette (Fig. 1: #10) to generate RGB values to determine color information of the cigarette [0017]. (v) A control device (Fig. 1: #30) is configured to obtain the RGB values from the color sensor and determine information of the cigarette (Fig. 1: #10) to control a power supply which controls the heater (Fig. 1: #20, [0017]). (vi) The control device (Fig. 1: #30) can determine if the cigarette (Fig. 1: #10) is inserted based on RGB values it receives from the color sensor (Fig. 3: #60) and can turn on power of the device which directly affects the heater (Fig. 1: #20, [0017]). Han further teaches wherein the color sensor (Fig. 3: #60). Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
The heater comprising a substrate forming a least a part of the cavity
The color detector arranged at an end of the substrate adjacent to the opening
Obtaining first and second color signals within a first preset time before generating the inserted-in-place signal
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In regards to i., Van, directed to an electronic cigarette, teaches (i) a sidewall (Fig. 3a: #14) formed within the inner parts of a heating chamber (Fig. 3A: #10, [0030]). An aerosol generating article is inserted into the heating chamber (Fig. 3A: #10), wherein the sidewall forms the cavity into which the article inserted [0010]. One of ordinary skill in the art would have found it obvious to modifying the heater of Han with the heating chamber of Van to allow direct and uniform heating of the aerosol generating article [0003 & 0010].
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 heater of modified Han to comprise a substrate forming a least a part of the cavity because both Han and Van are directed to insertion of aerosol generating articles. Van teaches a sidewall formed within a heating chamber to allow direct heating of a substrate of the aerosol generating article [0010] and this merely involves simple substitution of one known heating element for another to obtain predictable results.
In regards to ii., Chong teaches wherein a user sensor, which is a photo reflective sensor for detecting color changes [0153], may have optics focused above the heating element to have an unobstructed path to observe color changes of the consumable over the heating area [0154]. One of ordinary skill in the art would have understand that, once combined with the device of modified Han, Chong’s sensor would be positioned at an upper end of the substrate and opening of modified Han, providing reliable detection without interfering with the heater upon insertion.
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 location of the color detector of modified Han to wherein the color detector is arranged at an end of the substrate adjacent to the opening because both Han and Chong are directed to color detection in aerosol generating devices. Chong teaches positioning a sensor above a heating element to have an unobstructed path to observe color changes of the consumable over the heating area [0154] and this merely involves combining prior art elements according to known detection techniques, to yield predictable results.
In regards to iii., Moloney, directed to an apparatus for generating aerosol, teaches wherein a controller receives one or more inputs from a sensor arrangement (Pg. 6, Lines 21-22). Moloney further teaches wherein the device operates based on a pre-determined period of time and operates based on sensing during that period of time (Pg. 13, Paragraph 2 & Pg. 15, Lines 3-5). The heater is activated only after the sensor arrangement detects that an article has been inserted (Pg. 15, Lines 3-5). One of ordinary skill in the art would find it obvious to combine the time-based evaluation of Moloney to the color-based signals of Han to ensure proper detection of an inserted article and limit heating when an article is inserted improperly (Pg. 9, Lines 18-25).
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 controller of Han to obtain first and second color signals within a first preset time before generating the inserted-in-place signal because both Han and Moloney are directed to detecting inserted aerosol generating articles to improve controlled heating. Moloney teaches controller signals that are determined based over a period of time to ensure proper detection of an inserted article and limit heating when an article is inserted improperly (Pg. 9, Lines 18-25) and this merely involves combining prior art elements according to known article insertion methods to yield predictable results.
With regard to Claim 3, Han teaches wherein (i) the control device can display the type and taste of the cigarette inserted into the device based on RGB values received from the color sensor [0017]. Han teaches all the limitations of the claims as set forth above, however Han is silent to:
Determine corresponding temperature configuration information according to the type of the aerosol-generation product
Control power supplied to the heater according to the temperature configuration information
Moloney, directed to an apparatus for generating aerosol, teaches (i) a controller able to determine parameters of an article based on a sensor, and can tailor a heat profile for the article based on the parameters (Pg. 9, Lines 27-30). (ii) The controller may control supply of power to the heater to produce the tailored heat profile to provide an optimized heating profile for a specific aerosol generating substrate (Pg. 9, Lines 30-32).
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 controller of Han to determine corresponding temperature configuration information according to the type of the aerosol-generation product and control power supplied to the heater according to the temperature configuration information because both Han and Moloney are directed to lowering the risk of combustion in aerosol generating articles. Moloney teaches a controller that can tailor a heating profile for an aerosol generating article to lower the risk of burning or combustion (Pg. 5, Lines 1-3) and this merely involves applying a known controlling configuration to a known controller ready for improvement to yield predictable results.
With regard to Claim 5, Han teaches wherein (i) the control device can determine if the cigarette is inserted based on RGB values it receives from the color sensor and can turn on power of the device which directly affects the heater [0017]. One of ordinary skill in the art would understand that failing to satisfy an insertion determination would correspond to a non-inserted condition using the same color analysis. (ii) Further, based on the combination of RGB values not being met, the controller would also stop power from being delivered to the heater and would be a predictable use of controlling and sensing elements according to their known functions, involving routine control and analysis known in the prior art once heater activation and deactivation is already controlled by the controller (MPEP 2144).
With regard to Claim 6, Han teaches wherein (i) the control device can determine if the cigarette is inserted based on RGB values it receives from the color sensor and can turn on power of the device which directly affects the heater [0017]. One of ordinary skill in the art would understand that detecting insertion after failing to satisfy an insertion determination would correspond to the same color analysis Han uses when the article is initially inserted. (ii) Further, based on the combination of RGB values being met, the controller would also allow power to start being delivered to the heater and calculate a heating time based on parameters obtained from the article and past stored inputs [0017]. It would be a predictable use of controlling and sensing elements according to their known functions, involving routine control and analysis known in the prior art (MPEP 2144).
With regard to Claim 7, Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Wherein the controller is configured to control the heater to be in an off state in a case that only a second color signal generated by the color detection apparatus is obtained within a first preset time or in a case that a second color signal and a fourth color signal generated by the color detection apparatus are sequentially obtained within a first preset time
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Moloney teaches wherein the controller (Fig. 3: #116) may determine parameters of the article (Fig. 3: #102), such as whether the article is genuine, based on one or more received inputs (pg. 8, Lines 18-21). The controller (Fig. 3: #116) may activate the heater (Fig. 3: #120) or limit activation of the heater (Fig. 3: #120) based on a determined parameter of the article (Pg. 9, Lines 19-253). One of ordinary skill in the art would find it obvious to combine the color dependent operation system of Han with the parameter influenced power supply of Moloney to reduce the likelihood of consumers having a poor experience (Pg. 9, Lines 23-25).
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 controller of Han to wherein the controller is configured to control the heater to be in an off state in a case that only a second color signal generated by the color detection apparatus is obtained within a first preset time or in a case that a second color signal and a fourth color signal generated by the color detection apparatus are sequentially obtained within a first preset time because both Han and Moloney are directed to lowering the risk of combustion in aerosol generating articles. Moloney teaches a controller that determines when power is supplied to a heater based on parameters of an article to reduce the likelihood of consumers having a poor experience (Pg. 9, Lines 23-25) and this merely involves combining prior art elements according to known heat control techniques ready for improvement to yield predictable results.
With regard to Claim 8, modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Wherein the controller is configured to generate prompt information in a case that only the second color signal generated by the color detection apparatus is obtained within a preset time or in a case that the second color signal and the fourth color signal generate by the color detection apparatus are sequentially obtained within the first preset time
A prompt module, configured to receive the prompt information and prompt a user that there is an abnormality
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Moloney teaches (i) wherein the controller (Fig. 3: #116) may determine parameters of the article (Fig. 3: #102), such as whether the article is genuine, based on one or more received inputs (pg. 8, Lines 18-21). One of ordinary skill in the art would find it obvious to combine the color dependent operation system of Han with the parameter influenced power supply of Moloney to reduce the likelihood of consumers having a poor experience (Pg. 9, Lines 23-25). (ii) The controller may authorize a visual, audible, or haptic indication to prompt a user when an article is not recognized (Pg. 19, Lines 17-21).
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 device of modified Han to wherein the controller is configured to generate prompt information in a case that only the second color signal generated by the color detection apparatus is obtained within a preset time or in a case that the second color signal and the fourth color signal generate by the color detection apparatus are sequentially obtained within the first preset time and to comprise a prompt module, configured to receive the prompt information and prompt a user that there is an abnormality because both Moloney and Han are directed to lowering the risk of combustion in aerosol generating articles. Moloney teaches a controller that provides an indication to prompt a user when an article is not recognized (Pg. 19, Lines 17-21) and this merely involves combining known prior art elements according to known article identification techniques ready for improvement to yield predictable results.
With regard to Claim 9, Han teaches wherein the control device is configured to obtain RGB values from the color sensor to control power delivered to the heater [0017] and all the limitations of the claims as set forth above, however modified Han is silent to:
An input module, configured to receive a start instruction inputted by a user to generate a start signal
The controller, further configured to receive the start signal, and control the color detection apparatus to start according to the start signal
Moloney teaches wherein (i) the apparatus may include a user-operable control element, such as a bottom or switch, to operate the apparatus when pressed (Pg. 5, Lines 29-30). (ii) The controller may receive a signal from the control element to activate the heater (Pg. 7, Lines 22-24). One of ordinary skill in the art would find it obvious to combine the user input detection qualities of Moloney and color detecting qualities Han both affect the start signal of the device to improve control of heat applied to an article (Pg. 7, Lines 22-24).
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 device of modified Han to comprise an input module, configured to receive a start instruction inputted by a user to generate a start signal and the controller, further configured to receive the start signal, and control the color detection apparatus to start according to the start signal because both Han and Moloney are directed to improving control of heat applied to articles in aerosol generating devices. Moloney teaches a user-operable control element that works with a controller to improve control of heat applied to an article (Pg. 7, Lines 22-24) and this merely involves combining prior art elements according to known heat control methods to yield predictable results.
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With regard to Claim 12, Han teaches a color sensor (Fig. 3: #60) on a portion of a sidewall of the cartridge (Fig. 3: #50). Modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
An infrared electrothermal coating formed on an outer surface of the substrate
A conductive element
The infrared electrothermal coating being configured to generate heat upon receiving electric power through the conductive element
Wherein the color detector is spaced apart from the infrared electrothermal coating in an axial direction of the cavity
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Van, directed to an electronic cigarette, teaches (i) an electrically resistive coating (Fig. 3A: #16) formed on an outer surface of a sidewall (Fig. 3A: #14) of a heating chamber (Fig. 3a: #10, [0030]). The coating radiates heat directly towards the aerosol generating article [0042]. One of ordinary skill in the art would have understood that an electrically resistive coating serves as an infrared electrothermal coating because they serve the same radiative heating function and the modification would have resulted in the same coating performance. (ii) The device further comprises electrical contacts (Fig. 3A: #18 & #20). (iii) The contacts (Fig. 3A: #18 & #20) supply an electrical current to the electrically resistive coating (Fig. 3A: #16, [0043]), generating heating [0042].
(iv) Van teaches limiting the coating (Fig. 3A: #16) to a portion of the heating chamber [0047]. When the position of Van's coating is combined with the position of the color detector of modified Han, the coating would occupy only a localized axial region of the cavity rather than the entire cavity. Thus, the resulting combination would allow the components to be spaced apart and limit the positioning of the coating interfering with the sensing of the color detector. One of ordinary skill in the art would have been motivated to apply the coating and position of Van to modified Han to reduce the risk of contamination from the aerosol generating substrate [0047] .
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 device of modified Han to comprise an infrared electrothermal coating formed on an outer surface of the substrate, a conductive element, and the infrared electrothermal coating being configured to generate heat upon receiving electric power through the conductive element because both Han and Van are directed to inserting aerosol generating articles in aerosol generating devices. Van teaches an electrically resistive coating to improve heat distribution and energy efficiency [0005] and this merely involves applying a known coating to a known device ready for improvement to yield predictable results.
With regard to Claim 13, modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Wherein the color detector is located outside the heater
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Chong, directed to a heat not burn device, teaches a photo reflective sensor (Fig. 11: #320) that detects changes in color of a consumable containing package [0153]. The photo reflective sensor (Fig. 11: #320) is positioned outside of the heating element (Fig. 8A: #160, [0154]) to monitor visual changes without obstructing the full heating region [0154].
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 location of the color detector of modified Han to wherein the color detector is located outside the heater because both Han and Chong are directed to color detection in aerosol generating devices. Chong teaches a photo reflective sensor outside of a heating element to monitor visual changes without obstructing the full heating region [0154] and this merely involves applying a known positional technique to a known device ready for improvement to yield predictable results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20190143146 A, as cited in IDS dated 04/03/2024 and hereinafter citations referring to English Machine Translation), Van (US 20210259311 A1), and Moloney (WO 2019185747 A1, as cited in IDS dated 04/03/2024), as applied to claim 1 above, and further in view of Czapar (US 20210007407 A1).
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With regard to Claim 4, Han teaches wherein the control device (Fig. 1: #30) can determine if the cigarette (Fig. 1: #10) is inserted based on RGB values it receives from the color sensor (Fig. 3: #60) and can turn on power of the device which directly affects the heater (Fig. 1: #20, [0017]). Modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Obtaining third and fourth color signals within a second preset time before generating the pull-out signal
Czapar, directed to temperature adjustment of a vaporizer device, teaches detecting removal of a cartridge [0112] and defines a timeout period or cartridge detection period, lowering the temperature of the heater until it is off [0106]. One of ordinary skill in the art would have found it obvious to combine Czapar’s time-based removal detection to Han’s color-based signals because Han already bases heater activation off color signals obtained from an article. Applying the removal detection technique of Czapar to Han would prevent heating after product removal and improve power conservation of the device [0105 – 0106].
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 controller of modified Han to obtain third and fourth color signals within a second preset time before generating the pull-out signal because both Han and Czapar are directed to detecting the condition of an aerosol generating article within a device. Czapar teaches time-based removal detection of a cartridge to prevent heating after product removal and improve power conservation of the device [0105 – 0106] and this merely involves combining prior art elements according to known article insertion methods to yield predictable results.
Claims 14, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20190143146 A, as cited in IDS dated 04/03/2024 and hereinafter citations referring to English Machine Translation), Van (US 20210259311 A1), and Moloney (WO 2019185747 A1, as cited in IDS dated 04/03/2024), as applied to claim 1 above, and further in view of Kim (KR 101959227 B1, hereinafter citations referring to English Machine Translation).
With regard to Claim 14, modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
A base, wherein the base is disposed at the end of the substrate adjacent to the opening
The color detector is disposed at the base
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In regards to i., Kim, directed to an apparatus for atomizing an electronic cigarette, teaches a first upper cap (Fig. 2: #611), wherein the first upper cap (Fig. 2: #611) is disposed at an upper end of a heating tube (Fig. 2: #200) comprising heating wire (Fig. 2: #211, [0017]), adjacent to an opening (Fig. 3: "O") of the body (Fig. 3: #100). One of ordinary skill in the art would have been motivated to modify Han with the first upper stopper body of Kim to prevent the internal components of the device from coming out [0046].
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 device of modified Han to comprise a base, wherein the base is disposed at the end of the substrate adjacent to the opening because both Han and Kim are directed to inserting aerosol generating articles in devices to produce aerosol. Kim teaches an upper cap adjacent to a cigarette passageway to prevent the internal components of the device from coming out [0046] and this merely involves applying a known support technique to a known device ready for improvement to yield predictable results.
In regards to ii., Chong teaches wherein the user sensor, which is a photo reflective sensor for detecting color changes [0153], has optics focused above or below the heating element [0154]. It would have been obvious for one of ordinary skill in the art to dispose the color detector at the base of modified Han as Chong teaches that positioning the sensor above the heating element allows the sensor to have an unobstructed path to observe color changes of the consumable over the heating area [0154], providing reliable detection without interfering with the heater.
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 location of the color detector of modified Han to wherein the color detector is disposed at the base because both Han and Chong are directed to color detection in aerosol generating devices. Chong teaches positioning a sensor above a heating element to have an unobstructed path to observe color changes of the consumable over the heating area [0154] and this merely involves the use of a known positioning technique to improve similar devices in the same way.
With regard to Claim 15, modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Wherein the base comprises a through hole and the substrate comprises a hollow part for receiving the aerosol generation product
The through hole and the hollow part are configured such that the aerosol generation product can be removed or inserted into the hollow part through the through hole
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Kim teaches wherein (i) the first upper cap (Fig. 2: #611) comprises a cigarette passageway (Fig. 3: #614, [0048]) and the heating tube (Fig. 3: #200) is configured in a hollow cylindrical shape for receiving the tobacco product [0057]. (ii) The cigarette passageway (Fig. 3: #614) and the hollow part of the heating tube (Fig. 3: #200) are configured such that the cigarette/tobacco product can penetrate [0048] into the heating tube (Fig. 3: #200) through the cigarette passageway (Fig. 3: #614, [0057]). One of ordinary skill in the art that since the cigarette passageway (Fig. 2: #614) leads to the heating tube (Fig. 2: #200), the cigarette/tobacco product would be inserted or removed into the heating tube (Fig. 2: #200) through the hole created by the cigarette passageway (Fig. 3: #614) to improve convenience and ease of cleaning of the atomizer for users [0057].
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 base of modified Han to wherein the base comprises a through hole and the substrate comprises a hollow part for receiving the aerosol generation product and the through hole and the hollow part are configured such that the aerosol generation product can be removed or inserted into the hollow part through the through hole because both Han and Kim are directed to inserting aerosol generating articles in devices to produce aerosol. Kim teaches a cigarette passageway and hollow heating tube in communication with each other to receive a cigarette/ tobacco product to improve convenience and ease of cleaning of the atomizer for users [0057] and this merely involves applying a known passage technique to a known aerosol generating device, ready for improvement, to yield predictable results.
With regard to Claim 16, modified Han teaches wherein the aerosol generating production is inserted through the through hole. Modified Han teaches all the limitations of the claims as set forth above, however modified Han is silent to:
Wherein the color detector faces the through hole
Chong teaches wherein the user sensor, which is a photo reflective sensor for detecting color changes [0153], has optics focused above or below the heating element to provide a view of the consumable containing package over the full range of a heating element [0154]. One of ordinary skill in the art would have found to obvious to direct the sensor to face towards the through hole of modified Han to observe color changes of the consumable over the heating area when the consumable containing package is inserted [0154].
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 location of the color detector of modified Han to wherein the color detector faces the through hole because both Han and Chong are directed to color detection in aerosol generating devices. Chong teaches positioning a sensor to observe color changes of the consumable over the heating area when the consumable containing package is inserted [0154] and this merely involves the use of a known direction technique to improve similar devices in the same way.
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
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