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 .
The response dated 2/2/2026 is acknowledged. Claims 1-4 and 6-18 are pending. Claims 5 is cancelled. Claims 9-18 are new. Claims 1-4 and 6-18 are considered on the merits below.
Response to Amendment
Applicant's amendments, filed 2/2/2026, with respect to the 112b rejections have been fully satisfied and withdrawn.
In response to the applicant's amendments, the grounds of rejection for claims 1-4 and 6-18 are new compared to the previous action due to the amendments, however rely on the same prior art.
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 1-4 and 6-18 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.
Regarding claim 1, 2, 3, and 4, the limitation “abnormal content ratio” is new matter. The specification indicated “predetermined content ratio”, but not abnormal content ratio. This this limitation is new matter.
Dependent claims follow the same reasoning.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4 and 6-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 2A, Prong 1: identify the abstract ideas. Claims 1, 2, 3, and 4 have multiple abstract ideas. The “determining”, “calculating” and “obtaining” steps are all abstract ideas as they represent simple evaluations. The MPEP holds that both evaluations and mathematical calculations are abstract ideas (MPE 2106.04(a)).
Step 2A, Prong 2: has the abstract idea been integrated into a particular practical application? The claims provide limitations for calculating and correcting, but do not have actual tangible method steps. Thus, there is no application, and by extension, no practical application either. Data gathering and/or generically applying an abstract idea have been deemed to not be integrated into a practical application, there must be a meaningful limit to the judicial exception which is claimed (MPEP 2106(f) and (g)).
Step 2B: does the claim recite any elements which are significantly more than the abstract idea? The other element of the claim beyond the abstract idea is liquid chromatography , which is well known routine and conventional.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-4 and 6-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa (US 2019/0120803 Al).
Regarding claim 1, Hasegawa describes a method of measuring hemoglobin F ([0002] “Hemoglobin comprises hemoglobin A … and hemoglobin F” and figures 4-7 “HbF”), the method comprising:
preliminarily determining a first correlation equation from a chromatogram obtained by subjecting a first blood sample group to liquid chromatography, the first blood sample group being known to contain hemoglobin Al c, and being known to contain hemoglobin F less than an abnormal content ratio relative to total hemoglobin, the first correlation equation being a correlation equation between a measured reference hemoglobin Alc peak value and a measured reference composite peak value of a hemoglobin Ala peak and a hemoglobin Alb peak ([0011] “chromatogram by subjecting a blood sample “ and [0047] “Each peak area which appears in the chromatogram is calculated in such a manner, and then the proportion (%) of the sAlc peak area to the total hemoglobin peak area is obtained, and in a case where a peak corresponding to abnormal hemoglobin D or abnormal hemoglobin S, that is, H-V0 or H-Vl is identified at the time of the peak identification, the total peak area (Total area) in the chromatogram and the respective peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated, the Xie area and the AO area are defined by the formulae (3) and (2), respectively, and Ale% is calculated by the formula (1 ).”);
subjecting a measurement target blood sample to the liquid chromatography to obtain, from a chromatogram of the measurement target blood sample, a measured target hemoglobin A1c peak value, a measured target hemoglobin F peak value, and a measured target composite peak value of the hemoglobin Ala peak and the hemoglobin Alb peak ([0050] “The measurement device of the present invention will be described in further detail with reference to FIG . 11 . A hemolyzed blood sample introduced into a means of sample injection 11 is transported to a means of separation 13 , and further elution buffers are transported to the means of separation 13 by a means of liquid transportation 12 , whereby hemoglobin is separated into fractions and eluted . The eluted hemoglobin is detected by a means of detection 14 to give a chromatogram , and the obtained chromatogram is analyzed by a means of analysis 15”);
applying, to the first correlation equation, the measured target hemoglobin A1c peak value to obtain a calculated target composite peak value of the hemoglobin Ala peak and the hemoglobin Alb peak ([0050] “the obtained chromatogram is analyzed by a means of analysis 15 . The means of analysis 15 comprises a baseline setting module 16 , a peak identification module 17 , a peak area calculation module 18”);
calculating a correction hemoglobin F peak value of the measurement target blood sample by subtracting the calculated targe composite peak from the measurement target composite peak value ([0047] “peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated,”); and
adding the correction hemoglobin peak value to the measured target hemoglobin peak value the obtain a corrected hemoglobin peak value of the measured target blood sample ([0035] “Accordingly, in the present invention, it was found that Ale % relating to hemoglobin A can be corrected when an abnormal hemoglobin specimen is measured on the following assumption with respect to the proportion of a peak area which coelutes with AO and is considered to be derived from abnormal hemoglobin, that is, the peak area of glycated abnormal hemoglobin which coelutes with AO, to the areas of peaks which appear after AO and are considered to be derived from the abnormal hemoglobin, including the remarkable non-glycated peak (H-VO, H-Vl or H-V2) of the abnormal hemoglobin.).
However Hasegawa is silent to correcting a hemoglobin F peak.
Hasegawa does describe correcting hemoglobin A peaks (abstract) and measuring hemoglobin F peaks (figure 4). This suggests that the same principle for hemoglobin A can applied to hemoglobin F. This further suggests motivation to perform such analysis as it would allow for more accurate data to be collected for the sample.
Therefore it would have been obvious for one skilled in the art to at the time the invention was filed to incorporate correcting for hemoglobin F as suggested by Hasegawa as this would allow for more accurate data to be collected for the sample.
Regarding claim 2, Hasegawa describes a method of measuring hemoglobin F ([0002] “Hemoglobin comprises hemoglobin A … and hemoglobin F” and figures 4-7 “HbF), the method comprising:
preliminarily determining a first correlation equation from a chromatogram obtained by subjecting a first blood sample group to liquid chromatography, the first blood sample group being known to contain hemoglobin Al c, and being known to contain hemoglobin F less than an abnormal content ratio relative to total hemoglobin, the first correlation equation being a correlation equation between a measured first reference hemoglobin Alc peak value and a measured first reference composite peak value of a hemoglobin Ala peak and a hemoglobin Alb peak ([0011] “chromatogram by subjecting a blood sample “ and [0047] “Each peak area which appears in the chromatogram is calculated in such a manner, and then the proportion (%) of the sAlc peak area to the total hemoglobin peak area is obtained, and in a case where a peak corresponding to abnormal hemoglobin D or abnormal hemoglobin S, that is, H-V0 or H-Vl is identified at the time of the peak identification, the total peak area (Total area) in the chromatogram and the respective peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated, the Xie area and the AO area are defined by the formulae (3) and (2), respectively, and Ale% is calculated by the formula (1 ).”);
preliminarily determining a second correlation equation based on the first correlation equation, wherein the determining the second correlation equation includes:
from a chromatogram obtained by subjecting a second blood sample group known to contain hemoglobin A1c and hemoglobin F to liquid chromatography, obtaining a measured second reference hemoglobin A1c peak, a measured second reference hemoglobin F peak value, and a measured second reference composite peak value of a hemoglobin Ala peak and a hemoglobin Alb peak, obtaining a calculated second reference composite peak value by applying the measured second reference hemoglobin A1c peak to the first correlation equation, obtaining an estimated correction hemoglobin F peak value by subtracting the calculated second reference composite peak value from the measured second reference composite peak value, determining a correlation between the measured second reference hemoglobin F peak value and the estimated correction hemoglobin F peak value of the second blood sample group, the second correlation equation being a correlation equation between a hemoglobin F peak value and a modified hemoglobin F peak value ([0011] “chromatogram by subjecting a blood sample “ and [0047] “Each peak area which appears in the chromatogram is calculated in such a manner, and then the proportion (%) of the sAlc peak area to the total hemoglobin peak area is obtained, and in a case where a peak corresponding to abnormal hemoglobin D or abnormal hemoglobin S, that is, H-V0 or H-Vl is identified at the time of the peak identification, the total peak area (Total area) in the chromatogram and the respective peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated, the Xie area and the AO area are defined by the formulae (3) and (2), respectively, and Ale% is calculated by the formula (1 ).”);
subjecting a measurement target blood sample to the liquid chromatography to obtain, from a chromatogram of the measurement target blood sample, and a measured target hemoglobin F peak value ([0050] “The measurement device of the present invention will be described in further detail with reference to FIG . 11 . A hemolyzed blood sample introduced into a means of sample injection 11 is transported to a means of separation 13 , and further elution buffers are transported to the means of separation 13 by a means of liquid transportation 12 , whereby hemoglobin is separated into fractions and eluted . The eluted hemoglobin is detected by a means of detection 14 to give a chromatogram , and the obtained chromatogram is analyzed by a means of analysis 15”);
obtain an estimated correction hemoglobin F peak value by applying the measured target hemoglobin F peak value to the second correlation equation ([0047] “peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated,”); and
adding the estimated correction hemoglobin peak value to the measured target hemoglobin peak value to obtain a corrected hemoglobin peak value of the measurement target blood sample ([0035] “Accordingly, in the present invention, it was found that Ale % relating to hemoglobin A can be corrected when an abnormal hemoglobin specimen is measured on the following assumption with respect to the proportion of a peak area which coelutes with AO and is considered to be derived from abnormal hemoglobin, that is, the peak area of glycated abnormal hemoglobin which coelutes with AO, to the areas of peaks which appear after AO and are considered to be derived from the abnormal hemoglobin, including the remarkable non-glycated peak (H-VO, H-Vl or H-V2) of the abnormal hemoglobin.).
However Hasegawa is silent to correcting a hemoglobin F peak.
Hasegawa does describe correcting hemoglobin A peaks (abstract) and measuring hemoglobin F peaks (figure 4). This suggests that the same principle for hemoglobin A can applied to hemoglobin F. This further suggests motivation to perform such analysis as it would allow for more accurate data to be collected for the sample.
Therefore it would have been obvious for one skilled in the art to at the time the invention was filed to incorporate correcting for hemoglobin F as suggested by Hasegawa as this would allow for more accurate data to be collected for the sample.
Regarding claim 3, Hasegawa describes a method of measuring hemoglobin F ([0002] “Hemoglobin comprises hemoglobin A … and hemoglobin F” and figures 4-7 “HbF), the method comprising:
preliminarily determining a first correlation equation from a chromatogram obtained by subjecting a first blood sample group to liquid chromatography, the first blood sample group being known to contain hemoglobin Al c, and being known to contain hemoglobin F less than an abnormal content ratio relative to total hemoglobin, the first correlation equation being a correlation equation between a measured first reference hemoglobin Alc peak value and a measured first reference composite peak value of a hemoglobin Ala peak and a hemoglobin Alb peak ([0011] “chromatogram by subjecting a blood sample “ and [0047] “Each peak area which appears in the chromatogram is calculated in such a manner, and then the proportion (%) of the sAlc peak area to the total hemoglobin peak area is obtained, and in a case where a peak corresponding to abnormal hemoglobin D or abnormal hemoglobin S, that is, H-V0 or H-Vl is identified at the time of the peak identification, the total peak area (Total area) in the chromatogram and the respective peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated, the Xie area and the AO area are defined by the formulae (3) and (2), respectively, and Ale% is calculated by the formula (1 ).”);
preliminarily determining a second correlation equation based on the first correlation equation, wherein the determining the second correlation equation includes:
from a chromatogram obtained by subjecting a second blood sample group known to contain hemoglobin A1c and hemoglobin F to liquid chromatography, obtaining a measured second reference hemoglobin A1c peak, a measured second reference hemoglobin F peak value, and a measured second reference composite peak value of a hemoglobin Ala peak and a hemoglobin Alb peak, obtaining an estimated correction hemoglobin F peak value by subtracting the calculated second reference composite peak value from the measured second reference composite peak value, determining a correlation between the measured second reference hemoglobin F peak value and the estimated correction hemoglobin F peak value of the second blood sample group, the second correlation equation being a correlation equation between a hemoglobin F peak value and a modified hemoglobin F peak value ([0011] “chromatogram by subjecting a blood sample “ and [0047] “Each peak area which appears in the chromatogram is calculated in such a manner, and then the proportion (%) of the sAlc peak area to the total hemoglobin peak area is obtained, and in a case where a peak corresponding to abnormal hemoglobin D or abnormal hemoglobin S, that is, H-V0 or H-Vl is identified at the time of the peak identification, the total peak area (Total area) in the chromatogram and the respective peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated, the Xie area and the AO area are defined by the formulae (3) and (2), respectively, and Ale% is calculated by the formula (1 ).”);
wherein, in a case in which a target chromatogram obtained by subjecting a measurement target blood sample to liquid chromatography includes a hemoglobin Alc peak, the method further comprises: calculating a correction hemoglobin F peak value by subtracting a calculated target composite peak value obtained by applying a measured target hemoglobin Alc peak value of the measured target blood sample to the first correlation equation, from a calculated second reference composite peak value of a hemoglobin Ala peak and a hemoglobin Alb peak of the blood sample; and adding the correction hemoglobin peak value to a measured target hemoglobin peak value of the measurement target blood sample to obtain a corrected target hemoglobin peak value of the measurement target blood sample equation ([0047] “peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated,” and [0035] “Accordingly, in the present invention, it was found that Ale % relating to hemoglobin A can be corrected when an abnormal hemoglobin specimen is measured on the following assumption with respect to the proportion of a peak area which coelutes with AO and is considered to be derived from abnormal hemoglobin, that is, the peak area of glycated abnormal hemoglobin which coelutes with AO, to the areas of peaks which appear after AO and are considered to be derived from the abnormal hemoglobin, including the remarkable non-glycated peak (H-VO, H-Vl or H-V2) of the abnormal hemoglobin.)), or
wherein, in a case in which the target chromatogram does not include the hemoglobin A1c peak, the method further comprises: calculating the correction modified hemoglobin F peak value by applying the measured target hemoglobin F peak value to the second correlation equation; and adding the estimated correction target hemoglobin F peak value to the measured target hemoglobin F peak value to obtain the corrected target hemoglobin F peak value of the measurement target blood sample ([0047] “peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated,” and [0035] “Accordingly, in the present invention, it was found that Ale % relating to hemoglobin A can be corrected when an abnormal hemoglobin specimen is measured on the following assumption with respect to the proportion of a peak area which coelutes with AO and is considered to be derived from abnormal hemoglobin, that is, the peak area of glycated abnormal hemoglobin which coelutes with AO, to the areas of peaks which appear after AO and are considered to be derived from the abnormal hemoglobin, including the remarkable non-glycated peak (H-VO, H-Vl or H-V2) of the abnormal hemoglobin.)).
However Hasegawa is silent to correcting a hemoglobin F peak.
Hasegawa does describe correcting hemoglobin A peaks (abstract) and measuring hemoglobin F peaks (figure 4). This suggests that the same principle for hemoglobin A can applied to hemoglobin F. This further suggests motivation to perform such analysis as it would allow for more accurate data to be collected for the sample.
Therefore it would have been obvious for one skilled in the art to at the time the invention was filed to incorporate correcting for hemoglobin F as suggested by Hasegawa as this would allow for more accurate data to be collected for the sample.
Regarding claim 4, Hasegawa describes a method of measuring hemoglobin F ([0002] “Hemoglobin comprises hemoglobin A … and hemoglobin F” and figures 4-7 “HbF), the method comprising:
preliminarily determining a first correlation equation from a chromatogram obtained by subjecting a first blood sample group to liquid chromatography, the first blood sample group being known to contain hemoglobin Al c, and being known to contain hemoglobin F less than an abnormal content ratio relative to total hemoglobin, the first correlation equation being a correlation equation between a measured first reference hemoglobin Alc peak value and a measured first reference composite peak value of a hemoglobin Ala peak and a hemoglobin Alb peak ([0011] “chromatogram by subjecting a blood sample “ and [0047] “Each peak area which appears in the chromatogram is calculated in such a manner, and then the proportion (%) of the sAlc peak area to the total hemoglobin peak area is obtained, and in a case where a peak corresponding to abnormal hemoglobin D or abnormal hemoglobin S, that is, H-V0 or H-Vl is identified at the time of the peak identification, the total peak area (Total area) in the chromatogram and the respective peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated, the Xie area and the AO area are defined by the formulae (3) and (2), respectively, and Ale% is calculated by the formula (1 ).”);
preliminarily determining a second correlation equation based on the first correlation equation, wherein the determining the second correlation equation includes:
from a chromatogram obtained by subjecting a second blood sample group known to contain hemoglobin A1c and hemoglobin F to liquid chromatography, obtaining a measured second reference hemoglobin A1c peak, a measured second reference hemoglobin F peak value, and a measured second reference composite peak value of a hemoglobin Ala peak and a hemoglobin Alb peak, obtaining a calculated second reference composite peak value by applying the measured second reference hemoglobin A1c peak to the first correlation equation, obtaining an estimated correction hemoglobin F peak value by subtracting the calculated second reference composite peak value from the measured second reference composite peak value, determining a correlation equation between the measured second reference hemoglobin F peak value and a sum of the measured second reference hemoglobin F peak value and the estimated correlation hemoglobin F peak value ([0011] “chromatogram by subjecting a blood sample “ and [0047] “Each peak area which appears in the chromatogram is calculated in such a manner, and then the proportion (%) of the sAlc peak area to the total hemoglobin peak area is obtained, and in a case where a peak corresponding to abnormal hemoglobin D or abnormal hemoglobin S, that is, H-V0 or H-Vl is identified at the time of the peak identification, the total peak area (Total area) in the chromatogram and the respective peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated, the Xie area and the AO area are defined by the formulae (3) and (2), respectively, and Ale% is calculated by the formula (1 ).”);
obtaining the estimated correction hemoglobin peak value of a chromatogram obtained by subjecting a measurement target blood sample to liquid chromatography, to the second correlation equation ([0047] “peak areas of Ala, Alb, HbF, LAie, sAlc,A' andH-V0 or H-Vl are calculated,”); and
adding the estimated correction hemoglobin peak value to the measured target hemoglobin F peak value to obtain a corrected hemoglobin peak value of the measurement target blood sample ([0035] “Accordingly, in the present invention, it was found that Ale % relating to hemoglobin A can be corrected when an abnormal hemoglobin specimen is measured on the following assumption with respect to the proportion of a peak area which coelutes with AO and is considered to be derived from abnormal hemoglobin, that is, the peak area of glycated abnormal hemoglobin which coelutes with AO, to the areas of peaks which appear after AO and are considered to be derived from the abnormal hemoglobin, including the remarkable non-glycated peak (H-VO, H-Vl or H-V2) of the abnormal hemoglobin.).
However Hasegawa is silent to correcting a hemoglobin F peak.
Hasegawa does describe correcting hemoglobin A peaks (abstract) and measuring hemoglobin F peaks (figure 4). This suggests that the same principle for hemoglobin A can applied to hemoglobin F. This further suggests motivation to perform such analysis as it would allow for more accurate data to be collected for the sample.
Therefore it would have been obvious for one skilled in the art to at the time the invention was filed to incorporate correcting for hemoglobin F as suggested by Hasegawa as this would allow for more accurate data to be collected for the sample.
Regarding claims 6, 7, 8, and 18, Hasegawa describes wherein the liquid chromatography is cation-exchange chromatography (figure 11 “Cation exchange chromatography device”).
Regarding claims 9-17, Hasegawa describes wherein the abnormal content ratio relative to total hemoglobin to the hemoglobin F ([0096-0100]), however is silent to is equal to or less than 5%, 3%, and 1%.
Hasegawa describes that the abnormal content ratio is a result effective variable (MPEP 2144.05.II.B.) (figure 8 and [0055] “In a case where the measurement device of the present invention comprises the above-exemplified means of display such as a monitor or a printer, if a peak derived from abnormal hemoglobin D, Sor C (H-V0, H-Vl or H-V2) is identified, attention may be attracted by indicating that the peak is identified by such a means of display. Further, the measurement device of the present invention may further be such constituted that the means of display indicates the measurement results (Al c % ) relating to the blood sample in which H-V0, H-Vl or H-V2 is identified and that the present invention is applied.”) This suggests motivation to optimize the parameters to including to a values equal to or less than 5%, 3%, and 1% in order to achieved the required operating ratios.
Therefore it would have been obvious for one skilled in the art at the time the invention was filed to modify the abnormal content ratio relative to total hemoglobin to the hemoglobin F of Hasegawa s suggested by Hasegawa as this is a result effective variable that would be optimize the parameters required.
Response to Arguments
Applicant's arguments filed 2/2/2026 have been fully considered but they are not persuasive.
The applicant argues that (1) the 101 is overcome by the additional steps in clued in the amendment and (2) the prior art does not teach a universal correlation.
In response to the applicants argument that (1) the 101 is overcome by the additional steps in clued in the amendment, the new amendments only further refine the abstract idea without significantly more.
In response to the applicants argument that (2) the prior art does not teach a universal correlation, , it is noted that the features upon which applicant relies (i.e., a universal correlation, ) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
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 EMILY R BERKELEY whose telephone number is (571)272-9831. The examiner can normally be reached M-Th 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lyle Alexander can be reached at (571) 272-1254. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LYLE ALEXANDER/Supervisory Patent Examiner, Art Unit 1797
/EMILY R. BERKELEY/
Examiner
Art Unit 1796
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