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 filing date of the present invention is 01/05/2023.
This action is in response to amendment and/or remarks filed on 11/26/2025. In the current amendments, claims 1, 3-6, 8-9, 11-14 and 16-19 have been amended. Claims 1-20 are currently pending and have been examined.
In response to amendments and/or remarks filed on11/26/2025, the 35 U.S.C 103 rejections made in the previous Office Action has been withdrawn.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/05/2023 and 04/20/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Arguments
Applicant's arguments filed 11/26/2025 have been fully considered but they are not persuasive.
Rejections Under 35 U.S.C. 101:
Applicant asserts that “Without conceding to the merits of the rejections, Applicant has amended independent claim 1 to recite generating pseudo labels for the unlabeled data using a plurality of one-class classifiers, where a positive pseudo label or negative pseudo label is generated for an unlabeled data sample based on a threshold amount of the one-class classifiers indicating the unlabeled data is anomalous or normal. At least these features provide for a practical application of improved machine learning model training, particularly for anomaly detection. For instance, by training a machine learning model using the pseudo labeled data as claimed, the machine learning model is able to better determine whether data is anomalous or not, even if the data contains a distribution mismatch. See Specification, [0008]. More specifically, a machine learning model trained using the pseudo label data as claimed can achieve consistently and significantly better performance with respect to area under curve (AUC) metrics. See Specification, FIGS. 7-10, [0058]-[0064]. Thus, independent claim 1 improves the technology or technical field of anomaly detection using machine learning. For at least these reasons, Applicant respectfully submits that independent claim 1 recites patentable subject matter. Further, since the dependent claims incorporate all the features of their respective base claims, Applicant respectfully submits that claims 2-10 recite patentable subject matter for at least the reasons discussed above, as well as on their own merits”. (Remarks pg. 8-9)
Examiner’s response:
The Examiner respectfully disagrees. The claim as a whole is still directed to abstract idea mental process. While the newly added limitation does include using classifiers to perform generating data, this generation of data using classifier limitation does not appear to be any improvement in technology.
The claim limitation “classifiers” is reciting generic computer components see MPEP 2106.05(f). The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
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 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The analysis of the claims will follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (January 7, 2019) (“2019 PEG”).
Regarding claim 1
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein a positive pseudo label is generated for a first unlabeled data sample of the unlabeled data based on a threshold amount of the one-class classifiers indicating the first unlabeled data sample is anomalous and a negative pseudo label is generated for a second unlabeled data sample of the unlabeled data based on the threshold amount of the one-class classifiers indicating the second unlabeled data sample is normal; assigning, by the one or more …, the pseudo labels respectively to the data samples of the unlabeled data to generate pseudo labeled data;…”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “generating, by the one or more processors, pseudo labels for the unlabeled data using a plurality of one-class classifiers… and training, by the one or more learning model to detect network anomalies using the pseudo labeled data.””, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. In addition, the claim limitation “A method to train a machine learning model for anomaly detection, the method comprising: receiving, by one or more processors, unlabeled data comprising data samples associated with anomaly detection;” as explained by the Supreme Court, the addition of insignificant extra-solution activity does not amount to an inventive concept, particularly when the activity is well-understood or conventional. See MPEP 2106.05(g). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The only remaining limitation of the claim “A method for anomaly detection, comprising: receiving, by one or more processors, unlabeled data;” constitute storing and retrieving information in memory, which the courts have found to be well-understood, routine, and conventional. See MPEP 2106.05(d)(II); Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Regarding claim 2
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “wherein each of the one-class classifiers are trained with negatively labeled data and a disjoint subset of unlabeled data.”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 3
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
“wherein the threshold amount is all of the one-class classifiers indicating an unlabeled data sample is anomalous or normal.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 4
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein an unlabeled pseudo label is generated for a third unlabeled data sample of the unlabeled data based on at least one of the one-class …indicating the third unlabeled data sample is anomalous and at least one other of the one-classifiers indicating the third unlabeled data sample is normal.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “classifiers”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 5
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “further comprising encoding, by the one or more processors, the unlabeled data into latent representations”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 6
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim limitation “further comprising receiving, by the one or more processors, labeled data comprising data samples associated with anomaly detection that are labeled as anomalous or normal.” as explained by the Supreme Court, the addition of insignificant extra-solution activity does not amount to an inventive concept, particularly when the activity is well-understood or conventional. See MPEP 2106.05(g). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The only remaining limitation of the claim “further comprising receiving, by the one or more processors, labeled data comprising data samples associated with anomaly detection that are labeled as anomalous or normal.” constitute storing and retrieving information in memory, which the courts have found to be well-understood, routine, and conventional. See MPEP 2106.05(d)(II); Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Regarding claim 7
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “wherein training the machine learning model further comprises training the machine learning model to detect network anomalies using the labeled data.”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 8
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“ generating the pseudo labels further comprises; matching a distribution of anomaly scores of positively pseudo labeled data to anomaly scores of the unlabeled data; and estimating a positive marginal distribution; and determining a parameter for generating positive pseudo labels based on the positive marginal distribution.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 9
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein determining the pseudo labels further comprises; matching a distribution of anomaly scores of negatively pseudo labeled data to anomaly scores of the unlabeled data; estimating a negative marginal distribution; and determining a parameter for generating negative pseudo labels based on the negative marginal distribution.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 10
Step 1: The claim recites a method; therefore, it falls into the statutory category of processes.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “wherein training the machine learning model further comprises using binary cross entropy on the pseudo labeled data.”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 11
Step 1: The claim recites a system; therefore, it falls into the statutory category of manufacture.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“determining pseudo labels for the unlabeled data using a plurality of one- class classifiers; assigning the pseudo labels to the unlabeled data to generate pseudo labeled data;”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
“wherein a positive pseudo label is generated for a first unlabeled data sample of the unlabeled data based on a threshold amount of the one-class classifiers indicating the first unlabeled data sample is anomalous and a negative pseudo label is generated for a second unlabeled data sample of the unlabeled data based on the threshold amount of the one-class …indicating the second unlabeled data sample is normal;”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “A system comprising: one or more processors; and one or more storage devices coupled to the one or more processors… and training a machine learning model to detect network anomalies using the pseudo labeled data”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. In addition, the claim limitation “and storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations for anomaly detection, the operations comprising: receiving unlabeled data;” as explained by the Supreme Court, the addition of insignificant extra-solution activity does not amount to an inventive concept, particularly when the activity is well-understood or conventional. See MPEP 2106.05(g). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The only remaining limitation of the claim “receiving a prompt for predicted text, from the second user;” constitute storing and retrieving information in memory, which the courts have found to be well-understood, routine, and conventional. See MPEP 2106.05(d)(II); Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015). Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Regarding claim 12
Step 1: The claim recites a system; therefore, it falls into the statutory category of manufacture.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“the threshold amount is all of the one-class classifiers indicating an unlabeled data sample is anomalous or normal;and an unlabeled pseudo label is generated for a third unlabeled data sample of the unlabeled data based on at least one of the one-class classifiers indicating the third unlabeled data sample is anomalous and at least one other of the one-classifiers indicating the third unlabeled data sample is normal”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]). The classifier limitation is recited at a high level of generality which merely uses a computer as a tool to perform the concept.
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “wherein: each of the one-class classifiers are trained with negatively labeled data and a disjoint subset of unlabeled data;”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 13
Step 1: The claim recites a system; therefore, it falls into the statutory category of manufacture.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “wherein: the operations further comprise receiving labeled data comprising data samples associated with anomaly detection that are labeled as anomalous or normal; and training the machine learning model further comprises training the machine learning model to detect network anomalies using the labeled data”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claim 14
Step 1: The claim recites a system; therefore, it falls into the statutory category of manufacture.
Step 2A Prong 1: The claim recites multiple mental processes, as explained below. The claim recites, inter alia:
“wherein determining generating the pseudo labels further comprises: matching a distribution of anomaly scores of positively labeled data to anomaly scores of the unlabeled data; and estimating a positive marginal distribution; determining a parameter for generating positive pseudo labels based on the positive marginal distribution; and matching a distribution of anomaly scores of negatively labeled data to anomaly scores of the unlabeled data; and estimating a negative marginal distribution; and determining a parameter for generating negative pseudo labels based on the negative marginal distribution.”
This limitation is directed to the abstract idea of a mental process (concepts performed in the human mind, including observation and evaluation [see MPEP 2106.04(a)(2) III. C.]).
Thus, the judicial exception is not integrated into a practical application [see MPEP 2106.05(d) I.], failing Step 2A Prong 2. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under step 2B.
Regarding claim 15
Step 1: The claim recites a system; therefore, it falls into the statutory category of manufacture.
Step 2A Prong 1:
Step 2A Prong 2: This judicial exception is not integrated into a practical. In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of “wherein training the machine learning model further comprises using binary cross entropy on the pseudo labeled data.”, as drafted, is reciting generic computer components. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Thus, the claim is not patent eligible.
Regarding claims 16-20,
Claim 16-20 recites analogous limitations to claims 11-15 and therefore is rejected on the same ground as claims 11-15.
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 VAN C MANG whose telephone number is (571)270-7598. The examiner can normally be reached Mon - Fri 8:00-5:00pm.
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/VAN C MANG/Primary Examiner, Art Unit 2126