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 .
Claim Rejections - 35 USC § 112
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 14 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.
Claim 14 recites “one or more second optical fibers”; there is insufficient antecedent basis for this limitation in the claim as no first optical fiber has been defined in either claim 14 or claim 1 from which it now depends. It is unclear if the intent is to have claim 14 still define from claim 13, which would provide antecedent basis, or to include first optical fibers as an additional limitation in either of claim 1 or claim 14. For the purposes of examination claim 14 will be treated as though depending from claim 13. Clarification is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) s 1 and 25 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakajima (US 2014/0118749).
Regarding claim 1, Nakajima discloses a system for non-invasively measuring at least one analyte within a blood vessel, the system comprising:
an excitation light source having at least one excitation laser configured to selectively produce an excitation light beam at a predetermined excitation wavelength, wherein absorption by the analyte of an amount of the excitation light beam causes the analyte to produce a photoacoustic response (element 304; paragraph [0043], [0056]);
an interrogation light source having at least one interrogation laser configured to selectively produce an interrogation light beam at a predetermined interrogation wavelength (paragraph [0049]);
a Fabry-Perot sensor configured to be transparent to said excitation light beam, and to reflect at least some of the interrogation light beam (paragraph [0059]);
at least one light beam steering device (element 313);
a light detector operable to receive light reflected from the Fabry-Perot sensor and produce signals representative of the received light (element 309; paragraph [0051]); and
a controller in communication with the excitation light source, the interrogation light source, the at least one light beam steering device, the light detector, and a memory storing instructions (element 308), the instructions when executed cause the controller to:
control the light beam steering device to steer the excitation light beam and the interrogation light beam in unison relative to the Fabry-Perot sensor (paragraph [0061] ); and
measure an amount of the analyte within the blood vessel using the signals representative of the received light (paragraph [0073]).
The Examiner notes that no specialized definition of unison has been included in the disclosure; as “unison” is defined as “a process in which all elements behave in the same way at the same time; simultaneous or synchronous parallel action” (https://www.collinsdictionary.com/dictionary/english/unison), “performance of an action at the same time” (https://www.ahdictionary.com/word/search.html?q=unison), “the act of occurring together or simultaneously” (https://www.vocabulary.com/dictionary/unison), the delivery of both signals at the same time is thus in unison.
Regarding claim 25, Nakajima discloses a method of non-invasively measuring at least one analyte within a blood vessel, the method comprising:
providing a system having an excitation light source with at least one excitation laser configured to selectively produce an excitation light beam at a predetermined excitation wavelength (element 304; paragraph [0043], [0056]), an interrogation light source having at least interrogation laser configured to selectively produce an interrogation light beam at a predetermined interrogation wavelength (paragraph [0049]), a Fabry-Perot sensor configured to be transparent to said excitation wavelength light and to reflect at least a portion of the interrogation light beam (paragraph [0059]), at least one light beam steering device (element 313), a light detector (element 309), and a controller (element 308);
using the at least one light beam steering device to steer the excitation light beam and the interrogation light beam in unison in a direction of travel along a path relative to the Fabry-Perot sensor, wherein absorption by the analyte of an amount of the excitation light beam causes the analyte to produce a photoacoustic response (paragraph [0061]);
receiving light reflected from the Fabry-Perot sensor, and using the light detector to produce signals representative of the received light and communicate the signals to the controller (paragraph [0061]); and
measuring an amount of the analyte within the blood vessel using the signals representative of the received light (paragraph [0073]).
Claim(s) 1, 2, 7, 23-25, 28, and 29 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang (US 2010/0268042).
Regarding claim 1, Wang discloses a system for non-invasively measuring at least one analyte within a blood vessel, the system comprising:
an excitation light source having at least one excitation laser configured to selectively produce an excitation light beam at a predetermined excitation wavelength, wherein absorption by the analyte of an amount of the excitation light beam causes the analyte to produce a photoacoustic response (figure 6, element 1; paragraph [0051], [0069]);
an interrogation light source having at least one interrogation laser configured to selectively produce an interrogation light beam at a predetermined interrogation wavelength (figure 6, element 9);
a Fabry-Perot sensor configured to be transparent to said excitation light beam, and to reflect at least some of the interrogation light beam (figure 6, element 6);
at least one light beam steering device (figure 6, elements 2 and 8);
a light detector operable to receive light reflected from the Fabry-Perot sensor and produce signals representative of the received light (paragraph [0059]); and
a controller in communication with the excitation light source, the interrogation light source, the at least one light beam steering device, the light detector, and a memory storing instructions (paragraph [0048]), the instructions when executed cause the controller to:
control the light beam steering device to steer the excitation light beam and the interrogation light beam in unison relative to the Fabry-Perot sensor (paragraph [0059]); and
measure an amount of the analyte within the blood vessel using the signals representative of the received light (paragraph [0044]).
The Examiner notes that no specialized definition of unison has been included in the disclosure; as “unison” is defined as “a process in which all elements behave in the same way at the same time; simultaneous or synchronous parallel action” (https://www.collinsdictionary.com/dictionary/english/unison), “performance of an action at the same time” (https://www.ahdictionary.com/word/search.html?q=unison), “the act of occurring together or simultaneously” (https://www.vocabulary.com/dictionary/unison), the delivery of both signals at the same time is thus in unison.
Regarding claim 2, Wang further discloses that the system is configured to steer the excitation light beam and the interrogation light beam in unison in a direction of travel along a path relative to the Fabry-Perot sensor (paragraph [0048], [0059]).
Regarding claim 7, Wang further discloses that the system is configured to produce the excitation light beam and the interrogation light beam substantially coincident with one another in a “sensing area” of the Fabry-Perot sensor (paragraph [0059]); figure 6).
Regarding claims 23 and 24, Wang further discloses the instructions being further configured to cause the controller to create a vascular map of tissue being sensed with the excitation light beam, the vascular map including a location of blood vessels within the tissue, where the vascular map includes a respective location of one or more veins in the tissue and one or more arteries within the tissue based on relative amounts different analytes sensed within the blood vessels (paragraphs [0079]-[0082]).
Regarding claim 25, Wang discloses a method of non-invasively measuring at least one analyte within a blood vessel, the method comprising:
providing a system having an excitation light source with at least one excitation laser configured to selectively produce an excitation light beam at a predetermined excitation wavelength (figure 6, element 1; paragraph [0051], [0069]), an interrogation light source having at least interrogation laser configured to selectively produce an interrogation light beam at a predetermined interrogation wavelength (figure 6, element 9), a Fabry-Perot sensor configured to be transparent to said excitation wavelength light and to reflect at least a portion of the interrogation light beam (paragraph [0059]; figure 6 element 6), at least one light beam steering device (elements 2, 8), a light detector (paragraph [0059]), and a controller (paragraph [0048]);
using the at least one light beam steering device to steer the excitation light beam and the interrogation light beam in unison in a direction of travel along a path relative to the Fabry-Perot sensor, wherein absorption by the analyte of an amount of the excitation light beam causes the analyte to produce a photoacoustic response (paragraph [0059]);
receiving light reflected from the Fabry-Perot sensor, and using the light detector to produce signals representative of the received light and communicate the signals to the controller (paragraph [0059]); and
measuring an amount of the analyte within the blood vessel using the signals representative of the received light (paragraph [0044]).
Regarding claims 28 and 29, Wang further discloses creating a vascular map of tissue being sensed with the excitation light beam, the vascular map including a location of blood vessels within the tissue, where the vascular map includes a respective location of one or more veins in the tissue and one or more arteries within the tissue based on relative amounts different analytes sensed within the blood vessels (paragraphs [0079]-[0082]).
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.
Claim(s) 1-7, 10, 23-25, 28, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2022/0095927) in view of Laufer (Quantitative in vivo measurements of blood oxygen saturation using multiwavelength photoacoustic imaging, J. Laufer, E. Zhang, P. Beard).
Regarding claim 1, Zhang discloses a system for non-invasively evaluating a body comprising:
an excitation light source having at least one excitation laser configured to selectively produce an excitation light beam at a predetermined excitation wavelength (paragraphs [0030], [0089]), wherein absorption by the analyte of an amount of the excitation light beam causes an analyte to produce a photoacoustic response (paragraph [0089]);
an interrogation light source having at least one interrogation laser configured to selectively produce an interrogation light beam at a predetermined interrogation wavelength (paragraph [0029], [0091]);
a Fabry-Perot sensor configured to be transparent to said excitation light beam, and to reflect at least some of the interrogation light beam (paragraph [0028], [0109]-[0112]);
at least one light beam steering device (paragraph [0031], [0113]);
a light detector operable to receive light reflected from the Fabry-Perot sensor and produce signals representative of the received light (paragraph [0062], [0094]); and
a controller in communication with the excitation light source, the interrogation light source, the at least one light beam steering device, the light detector, and a memory storing instructions (paragraphs [0033], [0087]-[0088]), the instructions when executed cause the controller to:
control the light beam steering device to steer the excitation light beam and the interrogation light beam in unison relative to the Fabry-Perot sensor (paragraphs [0034],[0090], [0091]); and
detect a response using signals representative of the received light (paragraph [0035]).
The Examiner notes that no specialized definition of unison has been included in the disclosure; as “unison” is defined as “a process in which all elements behave in the same way at the same time; simultaneous or synchronous parallel action” (https://www.collinsdictionary.com/dictionary/english/unison), “performance of an action at the same time” (https://www.ahdictionary.com/word/search.html?q=unison), “the act of occurring together or simultaneously” (https://www.vocabulary.com/dictionary/unison), the delivery of both signals at the same time is thus in unison.
Zhang further discloses selecting a wavelength such that “different structural and functional features of the tissue can be studied” (paragraph [0089]) and that the signals from the light detector may be processed in any suitable way (paragraph [0094]), but does not explicitly disclose the system being configured to measure an amount of an analyte within a blood vessel using the signals representative of the received light.
Laufer teaches a system configured for non-invasively measuring at least one analyte within a blood vessel (abstract) comprising an excitation light source (section 3.2), an interrogation light source (section 3.2), a Fabry-Perot sensor (section 3.2), a light detector (section 3.2) and a controller configured to control the light sources and measure an amount of the analyte within the blood vessel using signals representative of received light received by the light detector (sections 3.2, 4.2). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have made the system of Zhang and configured it to interpret the received signals to measure an amount of an analyte within a blood vessel in the tissue, as taught by Laufer, as it would merely involve use of an appropriate wavelength to observe the presence of the analyte in question.
Regarding claim 2, Zhang further discloses that the system is configured to steer the excitation light beam and the interrogation light beam in unison in a direction of travel along a path relative to the Fabry-Perot sensor (paragraph [0102]).
Regarding claim 3, Zhang further discloses that the path is a Lissajous pattern (paragraph [0038]).
Regarding claim 4, Zhang further discloses that the at least one light beam steering device includes a two-axis micro-electro-mechanical (MEMS) mirror (paragraph [0011]), and the instructions when executed cause the controller to control the two-axis MEMS mirror to steer the excitation light beam and the interrogation light beam in unison (paragraph [0102]).
Regarding claim 5, Zhang further discloses that instructions when executed cause the controller to control the two-axis MEMS mirror using a resonant excitation (paragraphs [0044]-[0045]).
Regarding claim 6, Zhang further discloses that the system further comprises a sensor head configured for attachment to a subject (paragraph [0111]), and the two-axis MEMS mirror and the Fabry-Perot sensor are disposed within the sensor head (paragraph [0097]; figure 2).
Regarding claim 7, Zhang further discloses that the system is configured to produce the excitation light beam and the interrogation light beam substantially coincident with one another in a sensing area of the Fabry-Perot sensor (figure 2, see for example element 220).
Regarding claim 10, Zhang further discloses that the Fabry-Perot sensor has a “sensing area”, and the system is configured to produce the excitation light source to be incident to the Fabry-Perot sensor in an “excitation incident area” (figure 2); Zhang, as modified, does not specify that the “excitation incident area” is less than the “sensing area”. However, it would have been a mere matter of design choice for one of ordinary skill in the art at the time the invention was made to have the “excitation incident area” less than the “sensing area”, since Applicant has not disclosed use of these particular relative areas as providing a particular advantage, solving a stated problem, or serving a different purpose than that of the areas in the system of Zhang. Moreover, it appears that any relative sizes of areas would perform equally well to allow photoacoustic monitoring of the area in question. As such, it would have been prima facie obvious to one of ordinary skill in the art at the time the invention was made to have made the system of Zhang, as modified above, with the “excitation incident area” less than the ”sensing area”, because such a modification would have been considered a mere design consideration that fails to patentably distinguish over Zhang.
Regarding claims 23 and 24, Laufer further teaches the instructions being further configured to cause the controller to create a vascular map of tissue being sensed with the excitation light beam, the vascular map including a location of blood vessels within the tissue, where the vascular map includes a respective location of one or more veins in the tissue and one or more arteries within the tissue based on relative amounts different analytes sensed within the blood vessels (figure 5; “Introduction”; section 3.2). It would have been obvious to one of ordinary skill in the art at the time the invention was made to have made the system of Zhang and used the received data to create a vascular map showing veins and arteries in the tissue based on sensed analytes, as further taught by Laufer, as this merely requires additional interpretation of the already-acquired data that correlates analyte levels with their locations of sensing.
Regarding claim 25, Zhang discloses a method of non-invasively evaluating a body comprising:
providing a system having an excitation light source with at least one excitation laser configured to selectively produce an excitation light beam at a predetermined excitation wavelength (paragraphs [0030], [0089]), an interrogation light source having at least interrogation laser configured to selectively produce an interrogation light beam at a predetermined interrogation wavelength (paragraphs [0029], [0091]), a Fabry-Perot sensor configured to be transparent to said excitation wavelength light and to reflect at least a portion of the interrogation light beam (paragraphs [0028], [0109]-[0112]), at least one light beam steering device (paragraphs [0031], [0113]), a light detector (paragraphs [0062], [0094]), and a controller (paragraphs [0033], [0087]-[0088]);
using the at least one light beam steering device to steer the excitation light beam and the interrogation light beam in unison in a direction of travel along a path relative to the Fabry-Perot sensor, wherein absorption by the analyte of an amount of the excitation light beam causes the analyte to produce a photoacoustic response (paragraphs [0034],[0090], [0091], [0102]);
and receiving light reflected from the Fabry-Perot sensor, and using the light detector to produce signals representative of the received light and communicate the signals to the controller (paragraph [0035]).
Zhang further discloses selecting a wavelength such that “different structural and functional features of the tissue can be studied” (paragraph [0089]) and that the signals from the light detector may be processed in any suitable way (paragraph [0094]), but does not explicitly disclose measuring an amount of an analyte within a blood vessel using the signals representative of the received light.
Laufer teaches a method for non-invasively measuring at least one analyte within a blood vessel comprising providing an excitation light source (section 3.2), an interrogation light source (section 3.2), a Fabry-Perot sensor (section 3.2), a light detector (section 3.2) and a controller, using the controller to provide the excitation light beam and the interrogation light beam in unison in a direction of travel along a path relative to the Fabry-Perot sensor, wherein absorption by the analyte of an amount of the excitation light beam causes the analyte to produce a photoacoustic response (section 3.2)
receiving light reflected from the Fabry-Perot sensor, and using the light detector to produce signals representative of the received light and communicate the signals to the controller (section 3.2), and measuring an amount of an analyte within a blood vessel using the signals representative of the received light (sections 3.2, 4.2). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have followed Zhang and further included measuring an amount of analyte in a blood vessel using the received light signals, as taught by Laufer, as it would merely involve use of an appropriate wavelength to observe the presence of the analyte in question.
Regarding claims 28 and 29, Laufer further teaches creating a vascular map of tissue being sensed with the excitation light beam, the vascular map including a location of blood vessels within the tissue, where the vascular map includes a respective location of one or more veins in the tissue and one or more arteries within the tissue based on relative amounts different analytes sensed within the blood vessels (figure 5; “Introduction”; section 3.2). It would have been obvious to one of ordinary skill in the art at the time the invention was made to have followed Zhang and used the received data to create a vascular map showing veins and arteries in the tissue based on sensed analytes, as further taught by Laufer, as this merely requires additional interpretation of the already-acquired data that correlates analyte levels with their locations of sensing.
Claim(s) 11-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, as modified and applied above, and further in view of Imai (US 2016/0113506).
Regarding claim 11, Zhang, as modified, further discloses the excitation light source being configured to provide a plurality of wavelengths (paragraph [0089]), but does not disclose that the excitation light source includes a plurality of said excitation lasers, wherein the excitation wavelength produced by each excitation laser is different from the respective excitation wavelength produced by every other of said excitation lasers. Imai teaches a photoacoustic imaging system comprising a plurality of excitation lasers wherein the excitation wavelength produced by each excitation laser is different from the respective excitation wavelength produced by every other of said excitation lasers (paragraph [0040]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have made the system of Zhang, as modified, using a plurality of excitation each producing a different excitation wavelength, as taught by Imai, as Imai teaches that a plurality of excitation wavelengths can be provided either by using a tunable laser like in Zhang or a plurality of lasers, such that it would involve the simple substitution of components to achieve the plurality of wavelengths.
Regarding claim 12, Zhang further discloses that the instructions when executed cause the controller to operate the excitation lasers sequentially (paragraph [0089] calls for observing the effects of differently applied wavelengths; as modified this would involve operating the different lasers at different times).
Regarding claim 13, Zhang further discloses one or more first optical fibers in communication with the excitation light source, the optical fibers configured to accept a plurality of the excitation wavelengths (paragraph [0090]).
Regarding claim 14, Zhang further discloses that the system is configured so that the reflected light is received by one or more second optical fibers (paragraph [0094]) and passed to the light detector which is configured to communicate its signals to the controller (paragraph [0094]).
Regarding claim 15, Zhang further discloses that the interrogation light source is configured to produce light at a plurality of interrogation wavelengths (paragraphs [0091]-[0092]), but does not explicitly disclose that the at least one interrogation light source includes a plurality of said interrogation lasers, wherein the interrogation wavelength produced by each interrogation laser is different from the respective interrogation wavelength produced by every other of said interrogation lasers. Imai teaches a photoacoustic imaging system comprising a plurality of lasers where the wavelength produced by each laser is different from the wavelengths of other lasers in the plurality (paragraph [0040]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have made the system of Zhang, as modified above, using a plurality of lasers for the interrogation laser, each having a different wavelength, as taught by Imai, as Imai teaches that a plurality of wavelengths can be provided either by using a tunable laser like in Zhang or a plurality of lasers, such that it would involve the simple substitution of components to achieve the plurality of wavelengths.
Regarding claim 16, Zhang further discloses that the instructions when executed cause the controller to operate the plurality of interrogation lasers sequentially (paragraph [0091] calls for observing the effects of a particular applied wavelength; as modified this would involve operating the different lasers at different times).
Regarding claim 17, Zhang further discloses one or more optical fibers in communication with the interrogation light source, the optical fibers configured to accept a plurality of the interrogation wavelengths (paragraphs [0092]-[0093]).
Claim(s) 18-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, as modified and applied above, and further in view of Noto (US 2002/0154268).
Noto teaches a Fabry-Perot sensor which includes a plurality of alignment cells, each configured to provide position location information, such that each alignment cell is distinguishable from other said alignment cells by the position location information it is configured to provide (paragraph [0117]), where the Fabry-Perot sensor has a “sensing area”, and the plurality of alignment cells are disposed substantially outside the “sensing area” (figure 9; in the absence of any particular limitation defining the “sensing area” any area outside the cells is thus a “sensing area”). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have made the device of Zhang, as modified, using a Fabry-Perot sensor with alignment cells that can be used to distinguish location information, as taught by Noto, in order to provide location information for the sensed data.
Claim(s) 21, 22, 26, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang, as modified and applied above, and further in view of Saari (US 2014/0176729).
Zhang, as modified, does not disclose calibrating the Fabry-Perot sensor. Saari teaches calibration of a Fabry-Perot sensor using a sensitivity map based on scans performed using an interrogation light beam at one or more wavelengths (paragraph [0004], [0282]). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have followed Zhang, as modified, and calibrated the Fabry-Perot sensor using a sensitivity map at one or more interrogation wavelengths, as taught by Saari, in order to ensure the production of accurate results.
Response to Arguments
Applicant's arguments filed 23 March 2026 have been fully considered but they are not persuasive.
Regarding the art rejections, Applicant first argues that Nakajima does not disclose the steering device being configured to steer the excitation light beam and the interrogation light beam in unison; as noted above, the beams are delivered at the same time and are thus “in unison” absent any special or different definition of the term, as “unison” is defined as “a process in which all elements behave in the same way at the same time; simultaneous or synchronous parallel action” (https://www.collinsdictionary.com/dictionary/english/unison), “performance of an action at the same time” (https://www.ahdictionary.com/word/search.html?q=unison), “the act of occurring together or simultaneously” (https://www.vocabulary.com/dictionary/unison). The disclosure of the instant invention does not provide any definition or characteristics of what would constitute being “in unison” that would contradict any of these definitions.
Applicant next argues that Wang also does not disclose the light beams being steered “in unison” because “FIG 6 diagrammatically illustrates the two scans as separate from one another”. Again, the beams are delivered at the same time and are thus “in unison” absent any special or different definition of the term, as “unison” is defined as “a process in which all elements behave in the same way at the same time; simultaneous or synchronous parallel action” (https://www.collinsdictionary.com/dictionary/english/unison), “performance of an action at the same time” (https://www.ahdictionary.com/word/search.html?q=unison), “the act of occurring together or simultaneously” (https://www.vocabulary.com/dictionary/unison).
Applicant continues by arguing that Zhang also does not steer the light beans “in unison”. Again, the beams are delivered at the same time and are thus “in unison” absent any special or different definition of the term, as “unison” is defined as “a process in which all elements behave in the same way at the same time; simultaneous or synchronous parallel action” (https://www.collinsdictionary.com/dictionary/english/unison), “performance of an action at the same time” (https://www.ahdictionary.com/word/search.html?q=unison), “the act of occurring together or simultaneously” (https://www.vocabulary.com/dictionary/unison).
Applicant’s remarks directed to Laufer, Imai, Noto, and Saari do not address any actual teachings of these references and only refer to the supposed deficiencies of Zhang; as no deficiencies are present in Zhang these remarks are moot.
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.
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/KAREN E TOTH/Examiner, Art Unit 3791