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 .
Priority
Acknowledgement is made of Applicant’s claim for priority to provisional application no. 63/402,236 filed 30 August 2022 and to provisional application no. 63/332,964 filed 20 April 2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 31 July 2025 has been considered by the examiner.
Response to Amendment
Replacement drawing sheets for Figures 2-3 were received on 31 July 2025 and have been approved by the Office. The drawing objections have not been fully obviated in view of Applicant’s amendments. See below.
The claim objections have been obviated in view of Applicant’s amendments filed 31 July 2025 except with regards to claim 6. See below.
The rejections of claims 7 and 16-20 under 35 U.S.C. 112(a) have not been fully obviated in view of Applicant’s amendments filed 31 July 2025. See below.
The rejections of claims 7, 9, 14, and 16-20 under 35 U.S.C. 112(b) have not been fully obviated in view of Applicant’s amendments filed 31 July 2025. See below.
Claims 1-4, 10, 16, and 20 have been canceled.
Claims 5-9, 11-15, and 17-19 are still pending. An action on the merits follows.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“inflatable bellows” in claims 6 and 7 and “ribs” in claims 9 and 19 are still not adequately shown in the drawings. Applicant has amended Figure 2 to include “ribs 14” and “bellows 15,” but both reference numbers are pointing to the structure that is already labeled as “inflatable portion 8.” The three reference numbers appear to be simply pointing to the same structure, which implies that the single structure is considered three separate things.
“a counter” in claim 12
“a timer” in claim 13
“a digital display” in claim 14
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 6-7 and 14 are objected to because of the following informalities:
Claim 6, line 5, “the manual pump” should read --the pump--
Claim 6, line 12, “a the” should read --a--
Claim 7, line 16, “a the” should read --a--
Claim 14, line 1, “the amount” should read --an amount--
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 7 and 17-19 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.
Claim 7 recites the limitation “wherein the rubber sealing ring, the check valve, and the check valve guide are operably connected for selective introduction of air through the rubber sealing ring, the check valve, and the check valve guide into the variable pressure chamber through a connector such that the selectively introduced air is introduced from the variable pressure chamber to the inflatable portion” in lines 10-14. This limitation is not properly described in the specification. The specification does not disclose how air is selectively introduced “into the variable pressure chamber … such that the selectively introduced air is introduced from the variable pressure chamber to the inflatable portion.” The drawings, particularly Figure 2, appears to show wherein the rubber sealing ring, the check valve, and the check valve guide would instead introduce air into the inflatable portion and the variable pressure chamber at the same time or introduce air into the inflatable portion first which would then flow into the variable pressure chamber. It is unclear how the air would be selectively introduced into the variable pressure chamber such that the selectively introduced air is introduced from the variable pressure chamber to the inflatable portion. The language in the claim is not consistent with what is disclosed. Applicant is suggested to either amend the limitation to read --for the selective introduction of air through the rubber sealing ring, the check valve, and the check valve guide into the inflatable portion, such that the selectively introduced air is introduced from the inflatable portion to the variable pressure chamber-- OR remove the limitation following “into the variable pressure chamber” such that the limitation reads --for the selective introduce of air through the rubber sealing ring, the check valve, and the valve guide into the variable pressure chamber--.
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.
Claims 7, 9, 14, and 17-19 are 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 7 recites the limitation “wherein the rubber sealing ring, the check valve, and the check valve guide are operably connected for selective introduction of air through the rubber sealing ring, the check valve, and the check valve guide into the variable pressure chamber through a connector such that the selectively introduced air is introduced from the variable pressure chamber to the inflatable portion” in lines 10-14. In view of the drawings and specification, it is unclear how the rubber sealing ring, the check valve, and the check valve guide are operably connected for selective introduction of air into the variable pressure chamber such that that air is then introduced from the variable pressure chamber to the inflatable portion. That is, the specification does not properly describe this limitation and the drawings appear to show wherein the air would be selectively introduced into the inflatable portion and the variable pressure chamber at the same time or from the inflatable portion to the variable pressure chamber, but not from the variable pressure chamber to the inflatable portion. The limitation is indefinite because it is unclear how this function is achieved.
The term “substantially” in claims 9 and 19 is a relative term which renders the claims indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The claim limitations of “substantially the same size” in claim 8 and “substantially cylindrical” in claims 9 and 19 are rendered indefinite by use of the term “substantially.”
Claim 14 recites the limitation “further comprising measuring the amount of air or size of the device using a digital display” in lines 1-2. It is unclear how the “size of the device” would be measured and then displayed when the overall size of the device should remain the same. As far as is understood, the size of the inflatable portion would change with the amount of air that is pumped into it, but the overall “size of the device” would remain the same. Applicant is suggested to amend the limitation to read --an amount of air in the inflatable portion or size of the inflatable portion--.
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.
Claims 5-6, 8-9, 11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Nikitina (RU 118870, a copy of which was provided with the Non-Final Rejection mailed 17 March 2025) in view of Tannahill (US 11,504,298).
Regarding claim 5, Nikitina in view of Tannahill teaches the device of claim 6 further comprising a knob (pressure relief button 7) to selectively release air from the inflatable portion (Nikitina: Fig. 1 shows the pressure relief button 7 as a knob that is depressed in order to release air from the system. Page 2, paragraph 4: “At the same time, to increase the pressure, it is necessary to press the pump bulb 3, and to decrease, bleed the required amount of air using the pressure relief button 7.”).
Regarding claim 6, Nikitina teaches a device for strengthening pelvic muscles comprising:
an inflatable portion (main section 8) configured to be inserted into a vagina (Page 2, paragraph 4: “Chamber 1 is inserted into the vagina or rectum so that the main section 8 is completely hidden, and the spherical 9 is outside the labia minora or in the region of the vestibule of the anal sphincter.”);
a pump (hand pump 3) operably connected to the inflatable portion wherein the pump is configured to inflate the inflatable portion to a desired size (Page 2, paragraph 4: “After installing the chamber 1 in the required position using the hand pump 3, bring the pressure in the chamber 1 (and, accordingly, its size) to a comfortable state. At the same time, to increase the pressure, it is necessary to press the pump bulb 3.”);
wherein the manual pump comprises a squeezable bulb and wherein the squeezable bulb is operably connected to a variable pressure chamber (auxiliary section 9) and wherein the variable pressure chamber is operably connected to the inflatable portion (Fig. 1 shows the auxiliary section 9 operably connected to the main chamber 8. The hand pump 3 is described and shown as a squeezable bulb.); and
wherein the device further comprises
a check valve (check valve 5) configured to keep the inflatable portion at a desired level of inflation (Fig. 1).
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Nikitina does not teach wherein the inflatable portion comprises inflatable bellows configured to allow the inflatable portion to change length depending upon a the degree of inflation.
However, in a similar field of endeavor, Tannahill teaches a device comprising an inflatable portion (inflatable insertable device 109) configured to be inserted into a vagina (Fig. 13B. Col. 4, lines 41-42: “for vaginal or anal stimulation.”), wherein the inflatable portion comprises inflatable bellows (bellows 184) configured to allow the inflatable portion to change length depending upon a degree of inflation (Col. 11, lines 60-61: “Articulation is achieved by extension and retraction of the bellows 184.”).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inflatable portion of Nikitina by providing the inflatable bellows of Tannahill with the predicted result of providing an inflatable portion that can be sized for comfort for different user’s anatomy (see MPEP 2141(III)).
Regarding claim 8, Nikitina in view of Tannahill teaches the device of claim 6 further comprising a tubular portion extending from the inflatable portion wherein the tubular portion is circumferentially smaller than the inflatable portion and wherein the tubular portion is configured to remain substantially the same size before, during, and after inflation of the inflatable portion (Nikitina: Annotated Fig. 1 above shows the collar 10 around the tubular portion that is circumferentially smaller than the main chamber 8. The tubular portion remains substantially the same size due to the collar 10 compressing the section against the tube 4.).
Regarding claim 9, Nikitina in view of Tannahill teaches the device of claim 8 wherein the inflatable portion comprises ribs configured to maintain the inflatable portion substantially cylindrical (Nikitina: Annotated Figure 1 below shows ribs in as much as Applicant has shown or described ribs configured to maintain a cylindrical shape.).
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Regarding claim 11, Nikitina in view of Tannahill teaches a method for strengthening pelvic muscles using the device of claim 6 wherein the method comprises:
inserting the inflatable portion of the device into a user's vagina;
inflating the inflatable portion of the device to a size sufficient for the user to detect internal resistance against one or more pelvic muscles of the user; and
contracting one or more pelvic muscles of the user in a manner such that the inflatable portion of the device is squeezed (Nikitina: Page 2, paragraph 4: “Chamber 1 is inserted into the vagina or rectum so that the main section 8 is completely hidden, and the spherical 9 is outside the labia minora or in the region of the vestibule of the anal sphincter. After installing the chamber 1 in the required position using the hand pump 3, bring the pressure in the chamber 1 (and, accordingly, its size) to a comfortable state. At the same time, to increase the pressure, it is necessary to press the pump bulb 3, and to decrease, bleed the required amount of air using the pressure relief button 7. …. Then you can start training.” Page 1, “Description,” paragraph 1: “devices for training intimate muscles and can be used to strengthen the muscles of the pelvic floor.” Page 2, paragraph 5: “When using a [chamber] with an appropriate placement of the tube relative to the walls of the neck, the compression of the [chamber] will be accompanied by a sound signal indicating the presence and magnitude of the force.” Nikitina teaches inserting the inflatable chamber 1 into a user’s vagina, inflating the chamber to create internal resistance, and compressing the chamber in order to make a sound signal using the pelvic muscles.).
Regarding claim 15, Nikitina in view of Tannahill teaches the method of claim 11 wherein the device is configured such that the user feels the contraction of one or more up to all pelvic muscles (Nikitina: The user would feel themselves contracting their pelvic muscles against the inserted chamber 1.).
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nikitina (RU 118870) in view of Tannahill (US 11,504,298) as applied to claim 11 above, and further in view of Sawchuck et al. (WO99/26699, hereinafter Sawchuck, a copy of which was provided with the Non-Final Rejection mailed 17 March 2025.).
Regarding claim 12, Nikitina in view of Tannahill teaches the method of claim 11.
Nikitina does not teach further comprising counting a number of repetitions using a counter.
However, in a similar field of endeavor, Sawchuck teaches a device for strengthening pelvic muscles comprising: an inflatable portion (inflatable vaginal bulb 4) configured to be inserted into a vagina; a pump (air bulb 10) operably connected to the inflatable portion wherein the pump is configured to inflate the inflatable portion to a desired size; further comprising counting a number of repetitions using a counter (Fig. 1 shows the digital readout display comprising a count display 46 that keeps count of the number of vaginal contractions. Page 11, lines 21-22: “The number of vaginal contractual counts is displayed on count 48.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nikitina by including the counter of Sawchuck with the predicted result of providing a user with a convenient way to count their repetitions in order to keep track of their progress over time (see MPEP 2141(III)).
Regarding claim 13, Nikitina in view of Tannahill teaches the method of claim 11.
Nikitina does not teach further comprising measuring a time using a timer.
However, in a similar field of endeavor, Sawchuck teaches a device for strengthening pelvic muscles comprising: an inflatable portion (inflatable vaginal bulb 4) configured to be inserted into a vagina; a pump (air bulb 10) operably connected to the inflatable portion wherein the pump is configured to inflate the inflatable portion to a desired size; further comprising measuring a time using a timer (Fig. 1 shows the digital readout display comprising a time display 46 that keeps a running count of time. Page 11, lines 20-22: “ A running count of time in seconds is displayed in time display 46.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nikitina by including the time display of Sawchuck. One of ordinary skill in the art would have been motivated to make this modification in order to allow a user “to keep track of time in seconds and to count the number of vaginal contractions over a given time,” as suggested by Sawchuck (Page 11, lines 11-22).
Regarding claim 14, Nikitina in view of Tannahill teaches the method of claim 11.
Nikitina does not teach further comprising measuring an amount of air or size of the device using a digital display.
However, in a similar field of endeavor, Sawchuck teaches a device for strengthening pelvic muscles comprising: an inflatable portion (inflatable vaginal bulb 4) configured to be inserted into a vagina; a pump (air bulb 10) operably connected to the inflatable portion wherein the pump is configured to inflate the inflatable portion to a desired size; further comprising measuring an amount of air or size of the device using a digital display (digital readout 8) (Fig. 1 shows the pressure of inflation, which would indicate an amount of air in the inflatable vaginal bulb 4, displayed on the pressure readout 44 of the digital readout 8. Page 11, lines 18-20: The pressure of inflation of the flexible vaginal bulb 4 is disclosed in pressure readout 44.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nikitina by including the digital readout and pressure readout of Sawchuck. One of ordinary skill in the art would have been motivated to make this modification in order to “monitor a prescribed inflation pressure,” as suggested by Sawchuck (Page 11, lines 24-25.).
Claims 7 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nikitina (RU 118870) in view of Mochizuki (US 2008/0312544) further in view of Tannahill (US 11,504,298).
Regarding claim 7, Nikitina teaches a device for strengthening pelvic muscles comprising:
an inflatable portion (main section 8) configured to be inserted into a vagina (Page 2, paragraph 4: “Chamber 1 is inserted into the vagina or rectum so that the main section 8 is completely hidden, and the spherical 9 is outside the labia minora or in the region of the vestibule of the anal sphincter.”);
a pump (hand pump 3) operably connected to the inflatable portion wherein the pump is configured to inflate the inflatable portion to a desired size (Page 2, paragraph 4: “After installing the chamber 1 in the required position using the hand pump 3, bring the pressure in the chamber 1 (and, accordingly, its size) to a comfortable state. At the same time, to increase the pressure, it is necessary to press the pump bulb 3.”);
wherein the pump comprises a squeezable bulb and wherein the squeezable bulb is operably connected to a variable pressure chamber (auxiliary section 9) and wherein the variable pressure chamber is operably connected to the inflatable portion (Fig. 1 shows the auxiliary section 9 operably connected to the main chamber 8. The hand pump 3 is described and shown as a squeezable bulb.); and
wherein the device further comprises a check valve (check valve 5), and a check valve guide (tube 4) wherein the check valve guide extends from the squeezable bulb into the inflatable portion (Fig. 1 shows the tube 4 extending from the pump 3 via the tube 2 and extending into the main chamber 8.) and wherein the check valve, and the check valve guide are operably connected for the selective introduction of air through the check valve, and the check valve guide into the variable pressure chamber through a connector (fitting 6) such that the selectively introduced air is introduced from the variable pressure chamber to the inflatable portion (Page 2, paragraph 1: “The elastic tube 2 is equipped with a plastic fitting 6, which is inserted into the check valve 5 during assembly, opening the channel for air passage.” Page 2, paragraph 5: “A characteristic sound (whistle / squeak) occurs when air passes from the main section 8 to the auxiliary spherical 9 through a narrow gap between the walls of the neck of the chamber 1 of the tube 4. The size of the gap is regulated by the clamp 10.” Air is introduced from the hand pump 3 into the chamber 1 via the fitting 6, check valve 5, and tube 4. The chamber comprises both the main chamber 8 and auxiliary chamber 9. During use, main chamber 8 is squeezed such that air passes from the main chamber 8 to the auxiliary chamber 9 through a gap between the tube 4 and the chamber 1 at collar 10. This air must then be introduced from the auxiliary chamber 9 back to the main chamber 8 upon release of the muscles. This would selectively introduce air from the auxiliary chamber 9 to the main chamber 8.).
Nikitina teaches wherein the tube is hermetically fixed in the chamber (Page 2, paragraph 1: “A hole is made in the auxiliary section 9, and a tube 4 is placed in the chamber sections, the end of which is hermetically fixed in the specified hole and a check valve 5 is installed in it.”), but does not expressly teach a rubber sealing ring.
However, in a similar field of endeavor, Mochizuki teaches a device comprising an inflatable portion (inflatable cuff 1302), a pump (rubber bulb 1303) that supplies air, and a tube (rubber tube 1304) for supplying the air from the pump to the inflatable portion, wherein the device comprises a rubber sealing ring (rubber o-ring 102a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inflatable portion of Nikitina by including the rubber o-ring of Mochizuki. One of ordinary skill in the art would have been motivated to make this modification in order to have “a sealing effect in a circumference direction,” as suggested by Mochizuki (Para. [0079]).
Nikitina in view of Mochizuki still does not teach wherein the inflatable portion comprises inflatable bellows configured to allow the inflatable portion to change length depending upon a the degree of inflation.
However, in a similar field of endeavor, Tannahill teaches a device comprising an inflatable portion (inflatable insertable device 109) configured to be inserted into a vagina (Fig. 13B. Col. 4, lines 41-42: “for vaginal or anal stimulation.”), wherein the inflatable portion comprises inflatable bellows (bellows 184) configured to allow the inflatable portion to change length depending upon a degree of inflation (Col. 11, lines 60-61: “Articulation is achieved by extension and retraction of the bellows 184.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the inflatable portion of Nikitina by providing the inflatable bellows of Tannahill with the predicted result of providing an inflatable portion that can be sized for comfort for different user’s anatomy (see MPEP 2141(III)).
Regarding claim 17, Nikitina in view of Mochizuki further in view of Tannahill teaches the device of claim 7 further comprising a knob (pressure relief button 7) to selectively release air from the inflatable portion (Nikitina: Fig. 1 shows the pressure relief button 7 as a knob that is depressed in order to release air from the system. Page 2, paragraph 4: “At the same time, to increase the pressure, it is necessary to press the pump bulb 3, and to decrease, bleed the required amount of air using the pressure relief button 7.”).
Regarding claim 18, Nikitina in view of Mochizuki further in view of Tannahill teaches the device of claim 7 further comprising a tubular portion extending from the inflatable portion wherein the tubular portion is circumferentially smaller than the inflatable portion and wherein the tubular portion is configured to remain substantially the same size before, during, and after inflation of the inflatable portion (Nikitina: Annotated Fig. 1 above with regards to claim 6 shows the collar 10 around the tubular portion that is circumferentially smaller than the main chamber 8. The tubular portion remains substantially the same size due to the collar 10 compressing the section against the tube 4.).
Regarding claim 19, Nikitina in view of Mochizuki further in view of Tannahill teaches the device of claim 18 wherein the inflatable portion comprises ribs configured to maintain the inflatable portion substantially cylindrical (Nikitina: Annotated Figure 1 above with regards to claim 9 shows ribs in as much as Applicant has shown or described ribs configured to maintain a cylindrical shape.).
Response to Arguments
Applicant's arguments/remarks filed 31 July 2025 with regards to the 35 U.S.C. 112(a) and 112(b) rejections of claim 7 have been fully considered but they are not persuasive. Applicant remarks that claim 7 “has been amended to delete ‘further selectively’ and ‘to all’ while adding ‘through the rubber sealing ring, the check valve, and the check valve guide.’ The amendments are believed to moot the 112 rejections.”. The amendments do not render the rejections regarding the selective introduction of air from the variable pressure chamber to the inflatable portion moot. The limitation still recites “such that the selectively introduced air is introduced from the variable pressure chamber to the inflatable portion,” which is interpreted as requiring that the air is selectively introduced into the variable pressure chamber and then from the variable pressure chamber to the inflatable portion which is not supported by the specification or drawings.
Applicant’s arguments with respect to the 35 U.S.C. 102 and 103 rejections 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. Applicant argues the use of Remih (US 4,167,938) and Jeong (KR1999-0019020), but Applicant’s amendments have resulted in the rejections above made in view of Nikitina (RU 118870), Mochizuki (US 2008/0312544), Tannahill (US 11,504,298), and Sawchuck (WO99/26699).
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 Catrina A Letterman whose telephone number is (303)297-4297. The examiner can normally be reached Monday - Thursday, 8am - 4pm MT.
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/C.A.L./Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784