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 .
Acknowledgments
In the reply, filed on December 10, 2025, Applicant amended claims 1-3, 7-8, and 12.
In the non-final rejection of September 23, 2025, Examiner objected to the Drawings under 37 CFR 1.83(a). Applicant argued: Applicant respectfully traverses the objection to the drawings. The recited features in the objection are generic, well-known fluid-handling components whose precise mechanical details are not essential to understanding or practicing the claimed invention. Additionally, clear written support for the recited features can be found in the specification as filed, with each such feature being associated with an illustrated element, such as tubular elements 33, 43, and/or tubular outlet 20 (Remarks, page 8). Objection is withdrawn.
Examiner objected to the Abstract. Applicant amended the Abstract. Objection is withdrawn.
Examiner objected to claims 1, 7-8, and 12. Applicant amended claims 1, 7-8, and 12. Objection is withdrawn.
Examiner rejected claims 3 and 7-12 under 35 U.S.C. 112(b). Applicant amended claims 3 and 7-8, and argued: Regarding Claim 12 and the claim term "fingers", the Office alleges confusion may arise between the claim phrases "a finger" (lines 36-37) and "two fingers" (line 38). Applicant respectfully submits the claim is definite as written. The term "a finger" recited in the clause "distance configured to be larger than a section of a finger" is used as a unit of measurement to define the physical gap between the chambers. It serves as a dimensional constraint for the device structure. In distinct contrast, the term "two fingers" recited in the method steps "positioning two fingers..." refers to the active manipulation of the device by the user. The "two fingers" are the actors performing the method step, not the dimensional reference used to size the gap. There is no antecedent relationship required between a unit of measure and the specific tools (fingers) used to actuate the device. The "two fingers" recited in the crushing step properly find their antecedent in the "positioning two fingers" step immediately preceding it (Remarks, pages 9-10). However, Applicant did not address all of the rejections. Rejection is maintained.
Currently, claims 1-12 are under examination.
Claim Objections
Claim 8 is objected to because of the following informalities:
In regards to claim 8, lines 4-5, “said first and second containment chambers” should be changed to “said first containment chamber and said second containment chamber”.
In regards to claim 8, line 6, “said lower surfaces” should be changed to “said lower surface”.
In regards to claim 8, line 7, “said first and second containment chambers” should be changed to “said first containment chamber and said second containment chamber”.
In regards to claim 8, lines 7-8, “said upper surfaces” should be changed to “said upper surface”.
In regards to claim 8, line 8, “said first and second containment chambers” should be changed to “said first containment chamber and said second containment chamber”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In regards to claim 1, lines 26-28 recite: wherein said first lower surface and said second lower surface are separately deformable by compression against said first upper surface and said second upper surface, respectively, “without aid of a plunger”; however, such is new matter not described in the Specification. Claims 2-7 are rejected by virtue of being dependent upon claim 1.
In regards to claim 8, lines 6-9 recite: said lower surfaces of each of said first and second containment chambers being deformable by compression against said upper surfaces of each of said first and second containment chambers, respectively, “without aid of a plunger”; however, such is new matter not described in the Specification. Claims 9-11 are rejected by virtue of being dependent upon claim 8.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claim 12, line 45 recites “two fingers”. Claim 12, line 41 previously recites “two fingers”. It is unclear whether the two recitations are the same component or different components.
In regards to claim 12, line 48 recites “said two fingers”. Claim 12, line 45 previously recites “two fingers” and claim 12, line 41 previously recites “two fingers”. It is unclear which two fingers are being referred to in claim 12, line 48 reciting “said two fingers”.
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.
Claims 1 and 4-12 are rejected under 35 U.S.C. 103 as being unpatentable over Genosar (US 2014/0066846), and further in view of Kwiatkowski et al (US 5,609,580).
In regards to claim 1, Genosar teaches a device (Figures 5a-6e) for injecting a reconstitutable liquid mixture, the device comprising:
a first containment chamber (57) for a first component (first substance) of the reconstitutable liquid mixture
a second containment chamber (51) for a second component (second substance) of the reconstitutable liquid mixture
first mechanical and fluidic connection means (52) between said first containment chamber and said second containment chamber
second mechanical and fluidic connection means (14) between said second containment chamber and an injection needle (22)
wherein:
said first containment chamber comprises, along a mixture injection direction, a first upper surface and a first lower surface in a shape of a cone or a truncated cone, the first upper surface and the first lower surface having a same axis of symmetry and being connected along a common base circumference (Figures 5a, 6a)
said first upper surface and said first lower surface extend in opposite directions along and around said axis of symmetry and form a non-zero angle β between said first upper surface and said first lower surface at the common base circumference (Figures 5a, 6a)
said second containment chamber comprises, along said mixture injection direction, a second upper surface and a second lower surface in a shape of a cone or a truncated cone, the second upper surface and the second lower surface having said axis of symmetry and being connected along a common base circumference (Figures 5a-6b)
said second upper surface and said second lower surface extend in opposite directions along and around said axis of symmetry and form a non-zero angle α between said second upper surface and said second lower surface at the common base circumference of said second upper surface and said second lower surface (Figures 5a-6b)
wherein said first lower surface and said second lower surface are separately deformable by compression against said first upper surface and said second upper surface, respectively (Figures 6a-6c)
wherein:
said first mechanical and fluidic connection means comprise an outlet neck (proximal portion of 52) of said first containment chamber and an inlet neck (distal portion of 52) of said second containment chamber connected to form a single fluidic connection duct (52)
said single fluidic connection duct is configured to keep said first lower surface and said second lower surface at a distance configured to be larger than a section of a finger (Figures 5a-6b)
Genosar does not teach wherein said first lower surface and said second lower surface are separately deformable by compression against said first upper surface and said second upper surface, respectively, “without aid of a plunger”, as Genosar instead teaches wherein said first lower surface and said second lower surface are separately deformable by compression against said first upper surface and said second upper surface, respectively, with aid of a plunger (25) (Figures 6a-6c). Kwiatkowski et al teaches a device (Figures 14-17) wherein a first lower surface (of 26A) and a second lower surface (of 28A) are separately deformable by compression against a first upper surface (of 26A) and a second upper surface (of 28A), respectively, without aid of a plunger (Figures 14-15)(Figures 16-17). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify said first lower surface and said second lower surface are separately deformable by compression against said first upper surface and said second upper surface, respectively, of the device of Genosar, to be without aid of a plunger, as taught by Kwiatkowski et al, as such will provide for a plungerless syringe providing for two stages of collapse, an initial or purge stage where air contained in the device to which the syringe is attached is purged, and a second flush stage where the remaining fluid in the syringe is expelled (column 2, lines 1-5) in order to expel or inject the fluid in a substantially bubbleless manner thereby substantially eliminating the threat of an air-embolism (column 1, lines 19-23).
In regards to claim 4, in the modified device of Genosar and Kwiatkowski et al, Genosar teaches wherein said first upper surface and said first lower surface are formed in one piece (Figures 5a, 6a).
In regards to claim 5, in the modified device of Genosar and Kwiatkowski et al, Genosar teaches wherein said second upper surface and said second lower surface are formed in one piece (Figures 5a-6b).
In regards to claim 6, in the modified device of Genosar and Kwiatkowski et al, Genosar teaches wherein said first lower surface and said second lower surface are made of an inelastically deformable material (Figures 5a-6c)(paragraph [0006]).
In regards to claim 7, in the modified device of Genosar and Kwiatkowski et al, though Genosar does not state “wherein said inelastically deformable material allows a total crushing of said first lower surface and said second lower surface against said first upper surface and said second upper surface, respectively”, it would be understood that said inelastically deformable material (paragraph [0006]: olefin polymers), disclosed by Genosar, would be capable of total crushing of said first lower surface and said second lower surface against said first upper surface and said second upper surface, respectively, as olefin polymers are crushable materials.
In regards to claim 8, Genosar teaches an injection kit (Figures 5a-6e) for injecting a reconstitutable liquid mixture, the injection kit comprising:
a first containment chamber (57) and a second containment chamber (51), separate from the first containment chamber, wherein each of said first and second containment chambers comprises an upper surface and a lower surface in a shape of a cone or a truncated cone connected along a common base circumference (Figures 5a, 6a), said lower surfaces of each of said first and second containment chambers being deformable by compression against said upper surfaces of each of said first and second containment chambers, respectively (Figures 6a-6c)
first mechanical and fluidic connection means (52) between the first containment chamber and the second containment chamber, wherein the first mechanical and fluidic connection means comprise an outlet neck (proximal portion of 52) of said first containment chamber and an inlet neck (distal portion of 52) of said second containment chamber, which are configured to connect and form a single fluidic connection duct (52)
second mechanical and fluidic connection means (14) between said second containment chamber and an injection needle (22)
said injection needle being connectable to said second containment chamber by said second mechanical and fluidic connection means (Figures 5a-6c)
Genosar does not teach said lower surfaces of each of said first and second containment chambers being deformable by compression against said upper surfaces of each of said first and second containment chambers, respectively, “without aid of a plunger”, as Genosar instead teaches said lower surfaces of each of said first and second containment chambers being deformable by compression against said upper surfaces of each of said first and second containment chambers, respectively with aid of a plunger (25) (Figures 6a-6c). Kwiatkowski et al teaches an injection kit (Figures 14-17), lower surfaces (of 26A and 28A) of each of first and second containment chambers (26A, 28A) being deformable by compression against upper surfaces (of 26A and 28A) of each of said first and second containment chambers, respectively, without aid of a plunger (Figures 14-15)(Figures 16-17). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify said lower surfaces of each of said first and second containment chambers being deformable by compression against said upper surfaces of each of said first and second containment chambers, respectively, of the kit of Genosar, to be without aid of a plunger, as taught by Kwiatkowski et al, as such will provide for a plungerless syringe providing for two stages of collapse, an initial or purge stage where air contained in the device to which the syringe is attached is purged, and a second flush stage where the remaining fluid in the syringe is expelled (column 2, lines 1-5) in order to expel or inject the fluid in a substantially bubbleless manner thereby substantially eliminating the threat of an air-embolism (column 1, lines 19-23).
In regards to claim 9, in the modified kit of Genosar and Kwiatkowski et al, Genosar teaches wherein said outlet neck of said first containment chamber and the inlet neck of said second containment chamber each comprise a removable or breakable or openable watertight closing element (52) (Figures 5a-6c)(paragraph [0051]: a high barrier to… moisture).
In regards to claim 10, in the modified kit of Genosar and Kwiatkowski et al, Genosar teaches wherein the removable or breakable or openable watertight closing element is a peelable partition (52) (Figures 5a-6c).
In regards to claim 11, in the modified kit of Genosar and Kwiatkowski et al, Genosar teaches wherein said second mechanical and fluidic connection means comprise a removable watertight closing element (14) (Figures 5a-6d)(paragraph [0051]: a high barrier to… moisture).
In regards to claim 12, Genosar teaches a method (Figures 6a-6e) for reconstituting a reconstitutable liquid mixture and injecting the reconstitutable liquid mixture from an injection needle (22), the method comprising:
providing a device (Figures 5a-6e) for injecting the reconstitutable liquid mixture, the device comprising:
a first containment chamber (57) for a first component (first substance) of the reconstitutable liquid mixture
a second containment chamber (51) for a second component (second substance) of the reconstitutable liquid mixture
first mechanical and fluidic connection means (52) between said first containment chamber and said second containment chamber
second mechanical and fluidic connection means (14) between said second containment chamber and the injection needle
wherein:
said first containment chamber comprises, along a mixture injection direction, a first upper surface and a first lower surface in a shape of a cone or a truncated cone, the first upper surface and the first lower surface having a same axis of symmetry and being connected along a common base circumference (Figures 5a, 6a)
said first upper surface and said first lower surface extend in opposite directions along and around said axis of symmetry and form a non-zero angle β between said first upper surface and said first lower surface at the common base circumference (Figures 5a, 6a)
said second containment chamber comprises, along said mixture injection direction, a second upper surface and a second lower surface in a shape of a cone or a truncated cone, the second upper surface and the second lower surface having said axis of symmetry and being connected along a common base circumference (Figures 5a-6b)
said second upper surface and said second lower surface extend in opposite directions along and around said axis of symmetry and form a non-zero angle α between said second upper surface and said second lower surface at the common base circumference of said second upper surface and said second lower surface (Figures 5a-6b)
said first lower surface and said second lower surface are separately deformable by compression (Figures 6a-6c)
wherein:
said first mechanical and fluidic connection means comprise an outlet neck (proximal portion of 52) of said first containment chamber and an inlet neck (distal portion of 52) of said second containment chamber connected to form a single fluidic connection duct (52)
said single fluidic connection duct is configured to keep said first lower surface and said second lower surface at a distance configured to be larger than a section of a finger (Figures 5a-6b)
positioning two fingers on said first upper surface and a thumb against said first lower surface (paragraph [0057])
positioning two fingers on said second upper surface and the thumb against said first lower surface (paragraph [0057])
Genosar does not teach crushing said first lower surface against said first upper surface bringing the thumb closer to said two fingers, as Genosar instead teaches pushing a plunger 25 through a proximal pinched section 15, defining the first lower surface, causing a seal to rupture and for the pinched section to restore its tubular shape bringing the thumb closer to said two fingers (Figures 6a-6b)(paragraphs [0057][0059]). And Genosar does not teach crushing said second upper surface against said second lower surface bringing the thumb closer to said two fingers, as Genosar instead teaches further advancing the plunger 25 such that the pressure of the first component increases causing a seal at the first mechanical and fluid connection means to rupture and for the first mechanical and fluid connection means to restore its tubular shape bringing the thumb closer to said two fingers (Figures 6b-6c)(paragraphs [0057][0060]). Kwiatkowski et al teaches a method (Figures 14-17) comprising positioning two fingers on a first upper surface (of 26A) and a thumb against a first lower surface (of 26A), crushing said first lower surface against said first upper surface bringing the thumb closer to said two fingers (Figures 14-15)(column 6, lines 65-67, to column 7, lines 1-4)(column 4, lines 46-54), positioning two fingers on a second upper surface (of 28A) and the thumb against said first lower surface, and crushing said second upper surface against a second lower surface (of 28A) bringing the thumb closer to said two fingers (Figure 16-17)(column 7, lines 8-12)(column 4, lines 46-54). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the method, of Genosar, with crushing said first lower surface against said first upper surface bringing the thumb closer to said two fingers, and crushing said second upper surface against said second lower surface bringing the thumb closer to said two fingers, as taught by Kwiatkowski et al, as such will provide for a plungerless syringe providing for two stages of collapse, an initial or purge stage where air contained in the device to which the syringe is attached is purged, and a second flush stage where the remaining fluid in the syringe is expelled (column 2, lines 1-5) in order to expel or inject the fluid in a substantially bubbleless manner thereby substantially eliminating the threat of an air-embolism (column 1, lines 19-23).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Genosar and Kwiatkowski et al, as applied to claim 1 above, and further in view of Steiner (US 3,892,237).
In regards to claim 2, in the modified device of Genosar and Kwiatkowski et al, Genosar is silent about wherein said first mechanical and fluidic connection means comprise a filter. Steiner teaches a device (Figures 1-4) wherein a first mechanical and fluidic connection means comprise a filter (33). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify said first mechanical and fluidic connection means, of the modified device of Genosar and Kwiatkowski et al, to comprise a filter, as taught by Steiner, as such will prevent splits of the first containment chamber from being carried on into the second containment chamber (column 1, line 68, to column 2, lines 1-5).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Genosar and Kwiatkowski et al, as applied to claim 1 above, and further in view of Tsukada (WO 2012/056524).
In regards to claim 3, in the modified device of Genosar and Kwiatkowski et al, Genosar is silent about wherein said first mechanical and fluidic connection means comprise a valve adapted to allow a one-way flow of said first component of the reconstitutable liquid mixture. Tsukada teaches a device (Figure 1) wherein a first mechanical and fluidic connection means comprise a valve (check valve) adapted to allow a one-way flow of a first component of a reconstitutable liquid mixture (paragraphs [Separation part]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify said first mechanical and fluidic connection means, of the modified device of Genosar and Kwiatkowski et al, to comprise a valve, as taught by Tsukada, as such will allow only the flow of a soft substance from the first containment chamber to the second containment chamber (paragraphs [Separation part]) in order to prevent unnecessary backward flow of liquid.
Response to Arguments
Applicant’s arguments with respect to claims 1-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In regards to claims 1 and 8, Applicant argued: Specifically, Genosar's structure is an "elongate member (referred to at times as a'barrel') comprising a tubular wall". A tube that is crimped at intervals creates a transition zone, but it does not form two distinct opposing surfaces (upper and lower) that meet at a sharp, common base circumference to form a diamond-like geometry as claimed. Genosar's geometry remains fundamentally cylindrical/tubular, merely pinched at the ends to form barriers (Remarks, page 10). Examiner disagrees. First, Genosar teaches said first containment chamber (57) comprises, along a mixture injection direction, a first upper surface and a first lower surface in a shape of a cone or a truncated cone, the first upper surface and the first lower surface having a same axis of symmetry and being connected along a common base circumference (Figures 5a, 6a), and said second containment chamber (51) comprises, along said mixture injection direction, a second upper surface and a second lower surface in a shape of a cone or a truncated cone, the second upper surface and the second lower surface having said axis of symmetry and being connected along a common base circumference (Figures 5a-6b). Second, the claim does not require a “sharp”, common base circumference to form a “diamond-like geometry”, as argued by Applicant.
In regards to claims 1 and 8, Applicant argued: Genosar explicitly relies on an "actuator movably disposed along at least a portion of the package", specifically a "plunger" (25) that is "advanced" to "rupture" the seals. Alternatively, Genosar describes "compressing the tubular wall" using a "roller" or "compression panel" or utilizing a "pressure chamber". Genosar's device is a pre-filled cartridge system designed for axial force or external mechanical actuators, not manual "crushing" of specific geometric faces without a plunger. Therefore, Genosar does not disclose the claimed structural geometry nor the functional capability of plunger-less compression (Remarks, page 10). Examiner disagrees. First, Genosar teaches said first containment chamber (57) comprises, along a mixture injection direction, a first upper surface and a first lower surface in a shape of a cone or a truncated cone, the first upper surface and the first lower surface having a same axis of symmetry and being connected along a common base circumference (Figures 5a, 6a), and said second containment chamber (51) comprises, along said mixture injection direction, a second upper surface and a second lower surface in a shape of a cone or a truncated cone, the second upper surface and the second lower surface having said axis of symmetry and being connected along a common base circumference (Figures 5a-6b). Second, in the new grounds of rejection under Genosar and Kwiatkowski et al, Kwiatkowski et al renders obvious wherein a first lower surface (of 26A) and a second lower surface (of 28A) are separately deformable by compression against a first upper surface (of 26A) and a second upper surface (of 28A), respectively, without aid of a plunger (Figures 14-15)(Figures 16-17).
Applicant's arguments filed December 10, 2025, with respect to claim 12, have been fully considered but they are not persuasive:
In regards to claim 12, Applicant argued: Applicant respectfully traverses this rejection. Modifying Genosar to function like Kwiatkowski (manual crushing) would render Genosar unsuitable for its intended purpose as a plunger-driven cartridge. Kwiatkowski describes a "plungerless syringe" with a "bellows portion" that is collapsed by finger pressure. This is structurally distinct from the Applicant's dual conical chambers separated by a duct. Further, Genosar is designed to be supported by a "rigid sheath" or frame. There is no motivation to strip Genosar of its sheath and plunger mechanism to apply the manual crushing technique of Kwiatkowski to a structure (a crimped tube) that is not designed for it. Moreover, no combination of Genosar and Kwiatkowski describe or suggest the claimed method of separately crushing specific conical surfaces by finger pressure (Remarks, page 11). Examiner disagrees. First, the intended purpose of Genosar is to dispense beneficial agents, such as medication (paragraph [0001]). The combination of Genosar and Kwiatowski et al would still allow for this intended purpose of Genosar. Second, the primary reference of Genosar already teaches a first containment chamber (57) for a first component (first substance) of the reconstitutable liquid mixture, a second containment chamber (51) for a second component (second substance) of the reconstitutable liquid mixture, and first mechanical and fluidic connection means (52) between said first containment chamber and said second containment chamber, thus not having to be taught by the secondary reference of Kwiatowski et al. Third, Genosar shows the first containment chamber (57) and the second containment chamber (51) without a sheath in Figures 5A-5B, thus being able to be modified by the crushing step teachings of Kwiatowski et al. Kwiatkowski et al renders obvious positioning two fingers on a first upper surface (of 26A) and a thumb against a first lower surface (of 26A), crushing said first lower surface against said first upper surface bringing the thumb closer to said two fingers (Figures 14-15)(column 6, lines 65-67, to column 7, lines 1-4)(column 4, lines 46-54), positioning two fingers on a second upper surface (of 28A) and the thumb against said first lower surface, and crushing said second upper surface against a second lower surface (of 28A) bringing the thumb closer to said two fingers (Figure 16-17)(column 7, lines 8-12)(column 4, lines 46-54).
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.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SHEFALI D PATEL/Primary Examiner, Art Unit 3783