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 .
DETAILED ACTION
Status of the Application
The following is a Final Office Action.
In response to Examiner's communication of 12/29/2025, Applicant responded on 3/26/2026. Amended claim 1, 17-19, 20. Cancelled claim 22.
Claims 1, 2, 4-20 are pending in this application and have been examined.
Response to Amendment
Applicant's amendments to claims 1, 17-19, 20 are not sufficient to overcome the 35 USC 101 rejections set forth in the previous action.
Applicant's amendments to claims 1, 17-19, 20 are sufficient to overcome the prior art rejections set forth in the previous action.
Response to Arguments – 35 USC § 101
Applicant’s arguments with respect to the rejections have been fully considered, but they are not persuasive.
Applicant submits, “…claim 1 (and similarly claim 20) is amended to replace the previously recited "directing modification of the autonomous vehicle's operation within the site" with claim language specifying (1) the mechanism by which the controller controls operation of the autonomous vehicle, and (2) a concrete action the controller takes when it determines the autonomous vehicle does not have space for the article. As amended, claim 1 recites that the controller is configured to "control operation of the autonomous vehicle within the site by transmitting a signal to the autonomous vehicle based on the determination of whether the autonomous vehicle has space for the article and further recites that "when it is determined that the autonomous vehicle does not have the space for the article at the scheduled time, the controller is configured to transmit, to an output apparatus at a stop of the one or more stops on the route or to the autonomous vehicle, a notification indicating that riding on the autonomous vehicle is restricted." The amended claims thus specify both how the controller controls the autonomous vehicle (by transmitting a signal based on the space determination) and what happens when the vehicle lacks space (a riding restriction notification is transmitted to a physical output apparatus at a stop or to the vehicle)...The specification identifies a specific technical problem: the need for technology for efficient transport of articles on vehicles that perform freight and passenger consolidation ( [0005] and [0006] of the specification as filed)… recite a practical application of any alleged abstract idea, and claims 2, 4-19, which depend from claim 1, are patent eligible for at least the same reasons….” The Examiner respectfully disagrees.
While Applicant’s amendments further prosecution, the claims and the argued elements, are directed to, …perform freight and passenger consolidation…, is a problem directed to mental process (i.e. human observing human work schedules and predicting human passenger capacity and human passenger carrying capacity, scheduling human passengers boarding and loading items on vehicles based on human observation and human prediction of vehicle capacity, human notifying human passengers that vehicle is full and restricted from boarding), organizing human activities (i.e. human observing human work schedules and predicting human passenger capacity and human passenger carrying capacity, scheduling human passengers boarding and loading items on vehicles based on human observation and human prediction of vehicle capacity, human notifying human passengers that vehicle is full and restricted from boarding), as established in Step 2A Prong 1. This problem does not specifically arise in the realm of computer technology, but rather, this problem existed and was addressed long before the advent of computers. Thus, the claims do not recite a technical improvement to a technical problem. Additionally, pursuant to the broadest reasonable interpretation, as an ordered combination, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea, and thus, are no more than applying the abstract idea with generic computer components, i.e. computer and autonomous vehicle. Further, these additional elements generally link the abstract idea to a technical environment, namely the environment of a computer and autonomous vehicle, performing extra solution activities. More specifically, the claims do not specifically recite how exactly the controller is controlling the autonomous vehicle operations, thus is recited at a high level of generality applying the identified abstract ideas and generally linking to a technical environment.
Therefore, as a whole, the additional elements do not integrate the abstract ideas into a practical application in Step 2A Prong 2 (apply it and general link) or amount to significantly more in Step 2B (apply it and wurc).
Even novel and newly discovered judicial exceptions are still exceptions, despite their novelty. July 2015 Update, p. 3; see SAP America Inc. v. Investpic, LLC, No. 2017-2081, slip op. at 2 (Fed Cir. May 15, 2018).
Simply reciting specific limitations that narrow the abstract idea does not make an abstract idea non-abstract. 79 Fed. Reg. 74631; buySAFE Inc. v. Google, Inc., 765 F.3d 1350, 1355 (2014); see SAP America at p. 12. As discussed in SAP America, no matter how much of an advance the claims recite, when “the advance lies entirely in the realm of abstract ideas, with no plausibly alleged innovation in the non-abstract application realm,” “[a]n advance of that nature is ineligible for patenting.” Id. at p. 3.
Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea (e.g., a fundamental economic practice or mathematical equation) does not integrate a judicial exception into a practical application or provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). Similarly, “claiming the improved speed or efficiency inherent with applying the abstract idea on a computer” does not integrate a judicial exception into a practical application or provide an inventive concept. Intellectual Ventures I LLC v. Capital One Bank (USA), 792 F.3d 1363, 1367, 115 USPQ2d 1636, 1639 (Fed. Cir. 2015).
Response to Arguments – Prior Art
Applicant’s arguments with respect to the rejections have been fully considered.
Further, Applicant’s amendments are sufficient to overcome the closest prior art are Suzuki (U.S. 2020/0327460) in view of Belenky (U.S. 2009/0132332) in view of Kopanati (U.S. 2014/0278851). And, Suzuki in view of Belenky, Kopanati, and Hicok (U.S. 2019/0265703). And further, Suzuki in view of Belenky and Chand (U.S. 2023/0140349).
The teachings of the references do not teach the specific ordered sequence of limitations of independent claims 1, 20,
acquire information on a scheduled time for loading an article onto an autonomous vehicle;
acquire a predicted number of passengers on the autonomous vehicle at the scheduled time; and
determine whether the autonomous vehicle has space for the article at the scheduled time, wherein the autonomous vehicle travels within a predetermined site and circulates a predetermined route in the site, the route including one or more stops,
the site has a factory,
information on the factory comprises a start time and an end time of a production line,
the controller is configured to acquire the predicted number of passengers on the autonomous vehicle at a stop on the route at the scheduled time, based on the start time and the end time of the production line,
the controller is configured to determine whether the autonomous vehicle has space for the article at the scheduled time, based on the predicted number of passengers on the autonomous vehicle at the scheduled time, information on volume per passenger on the autonomous vehicle, and information on the size of the article,
autonomous vehicle drives autonomously and the controller is configured to control operation of the autonomous vehicle within the site by transmitting a signal to the autonomous vehicle based on the determination of whether the autonomous vehicle has space for the article, and when it is determined that the autonomous vehicle does not have the space for the article at the scheduled time, the controller is configured to transmit, to an output apparatus at a stop of the one or more stops on the route or to the autonomous vehicle, a notification indicating that riding on the autonomous vehicle is restricted.
No Non-Patent literature teach the specific ordered sequence of limitations of independent claims 1, 20.
The prior art rejection is hereby withdrawn.
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, 2, 4-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 1 (similarly 20) recite, “An … comprising a controller configured to:
acquire information on a scheduled time for loading an article onto an … vehicle;
acquire a predicted number of passengers on the … vehicle at the scheduled time; and
determine whether the … vehicle has space for the article at the scheduled time, wherein the … vehicle travels within a predetermined site and circulates a predetermined route in the site, the route including one or more stops,
the site has a factory,
information on the factory comprises a start time and an end time of a production line,
the controller is configured to acquire the predicted number of passengers on the … vehicle at a stop on the route as the scheduled time, based on the start time and the end time of the production line,
the controller is configured to determine whether the … vehicle has space for the article at the scheduled time, based on the predicted number of passengers on the … vehicle at the scheduled time, information on volume per passenger on the … vehicle, and information on the size of the article,
the … and the controller is configured to control operation of the … vehicle within the site by transmitting a signal to the … vehicle based on the determination of whether the … vehicle has space for the article, and
when it is determined that the … vehicle does not have the space for the article at the scheduled time, the controller is configured to transmit, to an output … at a stop of the one or more stops on the route or to the … vehicle, a notification indicating that riding on the … vehicle is restricted.”
Analyzing under Step 2A, Prong 1:
The limitations regarding, …acquire information on a scheduled time for loading an article onto an … vehicle; acquire a predicted number of passengers on the … vehicle at the scheduled time; and determine whether the … vehicle has space for the article at the scheduled time, wherein the … vehicle travels within a predetermined site and circulates a predetermined route in the site, the route including one or more stops, the site has a factory, information on the factory comprises a start time and an end time of a production line, the controller is configured to acquire the predicted number of passengers on the … vehicle at a stop on the route as the scheduled time, based on the start time and the end time of the production line, the controller is configured to determine whether the … vehicle has space for the article at the scheduled time, based on the predicted number of passengers on the … vehicle at the scheduled time, information on volume per passenger on the … vehicle, and information on the size of the article, the … and the controller is configured to control operation of the … vehicle within the site by transmitting a signal to the … vehicle based on the determination of whether the … vehicle has space for the article, and when it is determined that the … vehicle does not have the space for the article at the scheduled time, the controller is configured to transmit, to an output … at a stop of the one or more stops on the route or to the … vehicle, a notification indicating that riding on the … vehicle is restricted…, under the broadest reasonable interpretation, can include a human using their mind and using pen and paper to perform the identified limitations; therefore, the claims are directed to a mental process.
Further, …acquire information on a scheduled time for loading an article onto an … vehicle; acquire a predicted number of passengers on the … vehicle at the scheduled time; and determine whether the … vehicle has space for the article at the scheduled time, wherein the … vehicle travels within a predetermined site and circulates a predetermined route in the site, the route including one or more stops, the site has a factory, information on the factory comprises a start time and an end time of a production line, the controller is configured to acquire the predicted number of passengers on the … vehicle at a stop on the route as the scheduled time, based on the start time and the end time of the production line, the controller is configured to determine whether the … vehicle has space for the article at the scheduled time, based on the predicted number of passengers on the … vehicle at the scheduled time, information on volume per passenger on the … vehicle, and information on the size of the article, the … and the controller is configured to control operation of the … vehicle within the site by transmitting a signal to the … vehicle based on the determination of whether the … vehicle has space for the article, and when it is determined that the … vehicle does not have the space for the article at the scheduled time, the controller is configured to transmit, to an output … at a stop of the one or more stops on the route or to the … vehicle, a notification indicating that riding on the … vehicle is restricted…, under the broadest reasonable interpretation, are human observing human work schedules and predicting human passenger capacity and human passenger carrying capacity, scheduling human passengers boarding and loading items on vehicles based on human observation and human prediction of vehicle capacity, human notifying human passengers that vehicle is full and restricted from boarding, therefore it is, commercial interactions and managing interactions between people. Thus, the claims are directed to certain methods of organizing human activity.
Accordingly, the claims are directed to a mental process, certain methods of organizing human activity, and thus, the claims are directed to an abstract idea under the first prong of Step 2A.
Analyzing under Step 2A, Prong 2:
This judicial exception is not integrated into a practical application under the second prong of Step 2A.
In particular, the claims recite the additional elements beyond the recited abstract idea identified under Step 2A, Prong 1, such as:
Claim 1, 20: information processing apparatus, autonomous vehicle, autonomous vehicle drives autonomously, output apparatus
Claim 6, 7, 8, 12, 13: terminal apparatus
Claim 17, 18: output apparatus
, and pursuant to the broadest reasonable interpretation, as an ordered combination, each of the additional elements are computing elements recited at high level of generality implementing the abstract idea, and thus, are no more than applying the abstract idea with generic computer components. Further, these additional elements generally link the abstract idea to a technical environment, namely the environment of a computer.
Additionally, with respect to, “acquire …”, “receive…”, “transmit…”, “output…”, these elements do not add a meaningful limitations to integrate the abstract idea into a practical application because they are extra-solution activity, pre and post solution activity - i.e. data gathering – “acquire…”, “receive…”, data output – “transmit…”, “output…”.
Analyzing under Step 2B:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception under Step 2B.
As noted above, the aforementioned additional elements beyond the recited abstract idea are not sufficient to amount to significantly more than the recited abstract idea because, as an order combination, the additional elements are no more than mere instructions to implement the idea using generic computer components (i.e. apply it).
Additionally, as an order combination, the additional elements append the recited abstract idea to well-understood, routine, and conventional activities in the field as individually evinced by the applicant’s own disclosure, as required by the Berkheimer Memo, in at least:
[0014] The information processing apparatus 10, for example, manages operations of the vehicle 20. The information processing apparatus 10 is, for example, a dedicated computer configured to function as a server, a general purpose personal computer, a cloud computing system, or the like.
[0018] The vehicle 20 may be any type of automobile. The vehicle 20 is, for example, a gasoline automobile, a battery electric vehicle (BEV), a hybrid electric vehicle (HEV), a plug-in hybrid electric vehicle (PHEV), a fuel cell electric vehicle (FCEV), or the like. The vehicle 20 may be driven by a driver. The driving of the vehicle 20 may be partly automated at any level. The level of automation is, for example, one of level 1 to level 5 according to the classification of the Society of Automotive Engineers (SAE). The vehicle 20 may be a dedicated Mobility as a Service (MaaS) vehicle.
[0019] The terminal apparatuses 30 are used by the users. For example, the users are each in possession of the terminal apparatus 30 and ride on the vehicle 20. Each of the terminal apparatuses 30 is, for example, a mobile phone, a smartphone, a tablet, a personal computer (PC), or the like.
[0020] The output apparatuses 40 are located at the stops on the route that the vehicle 20 circulates. Each of the output apparatuses 40 is, for example, a digital signage or the like.
[0021]<Configuration of Information Processing Apparatus> As illustrated in FIG. 2, the information processing apparatus 10 includes a communication interface 11, a memory 12, and a controller 13.
[0022] The communication interface 11 is configured to include at least one communication module for connection to the network 2. For example, the communication module is a communication module compliant with a standard such as a wired Local Area Network (LAN) or a wireless LAN. However, the communication module is not limited to this. The communication module may be compliant with any communication standard. The communication interface 11 is connectable to the network 2 via a wired LAN or a wireless LAN using the communication module.
[0023] The memory 12 is configured to include at least one semiconductor memory, at least one magnetic memory, at least one optical memory, or a combination of at least two of these. The semiconductor memory is, for example, random access memory (RAM), read only memory (ROM), or the like. The RAM is, for example, static random access memory (SRAM), dynamic random access memory (DRAM), or the like. The ROM is, for example, electrically erasable programmable read only memory (EEPROM) or the like. The memory 12 may function as a main memory, an auxiliary memory, a cache memory, or the like. The memory 12 stores data to be used in operations of the information processing apparatus 10 and data obtained by the operations of the information processing apparatus 10.
[0024] The controller 13 is configured to include at least one processor, at least one dedicated circuit, or a combination thereof. The processor is, for example, a general purpose processor such as a central processing unit (CPU) or a graphics processing unit (GPU), or a dedicated processor that is dedicated to specific processing. The dedicated circuit is, for example, a field-programmable gate array (FPGA), an application specific integrated circuit (ASIC), or the like. The controller 13 executes processes related to the operations of the information processing apparatus 10 while controlling the components of the information processing apparatus 10.
[0025] The functions of the information processing apparatus 10 may be implemented by executing a processing program according to the present embodiment by a processor corresponding to the controller 13. That is, the functions of the information processing apparatus 10 may be implemented by software. The processing program enables a computer to function as the information processing apparatus 10 by causing the computer to execute the operations of the information processing apparatus 10. That is, the computer functions as the information processing apparatus 10, by executing the operations of the information processing apparatus 10 in accordance with the processing program.
[0026] Some or all of the functions of the information processing apparatus 10 may be realized by a dedicated circuit corresponding to the controller 13. That is, some or all of the functions of the information processing apparatus 10 may be realized by hardware.
[0038]<Configuration of Terminal Apparatus> As illustrated in FIG. 2, each of the terminal apparatuses 30 includes a communication interface 31, a positioner 32, an input interface 33, an output interface 34, a memory 35, and a controller 36.
[0039] The communication interface 31 is configured to include at least one communication module for connection to the network 2. The communication module is, for example, a communication module compliant with a mobile communication standard such as LTE, 4G, or 5G. However, the communication module is not limited to this. The communication module may be compliant with any communication standard.
[0040] The positioner 32 is capable of acquiring positional information on the terminal apparatus 30. The positioner 32 is configured to include at least one receiving module corresponding to a satellite positioning system. The receiving module is, for example, a receiving module corresponding to the GPS. However, the receiving module is not limited to this. The receiving module may be a receiving module corresponding to any satellite positioning system.
[0041] The input interface 33 is capable of accepting an input from the user. The input interface 33 is configured to include at least one interface for input that is capable of accepting an input from the user. The interface for input is, for example, a physical key, a capacitive key, a pointing device, a touch screen integrally provided with a display, a microphone, or the like. However, the interface for input is not limited to this.
[0042] The output interface 34 is capable of outputting data. The output interface 34 is configured to include at least one interface for output that is capable of outputting data. The interface for output is, for example, a display, a speaker, or the like. The display is, for example, an LCD, an organic EL display, or the like. However, the interface for output is not limited to this.
[0043] The memory 35 is configured to include at least one semiconductor memory, at least one magnetic memory, at least one optical memory, or a combination of at least two of these. The semiconductor memory is, for example, RAM, ROM, or the like. The RAM is, for example, SRAM, DRAM, or the like. The ROM is, for example, EEPROM or the like. The memory 35 may function as a main memory, an auxiliary memory, or a cache memory. The memory 35 stores data to be used for operations of the terminal apparatus 30 and data obtained by the operations of the terminal apparatus 30.
[0044] The controller 36 is configured to include at least one processor, at least one dedicated circuit, or a combination thereof. The processor is, for example, a general purpose processor such as a CPU or a GPU, or a dedicated processor that is dedicated to specific processing The dedicated circuit is, for example, an FPGA, an ASIC, or the like. The controller 36 executes processes related to the operations of the terminal apparatus 30 while controlling the components of the terminal apparatus 30.
[0045] The functions of the terminal apparatus 30 are realized by execution of a terminal program according to the present embodiment by a processor corresponding to the controller 36. That is, the functions of the terminal apparatus 30 are realized by software. The terminal program causes a computer to execute the operations of the terminal apparatus 30, thereby causing the computer to function as the terminal apparatus 30. That is, the computer executes the operations of the terminal apparatus 30 in accordance with the terminal program to thereby function as the terminal apparatus 30.
[0046] Some or all of the functions of the terminal apparatus 30 may be realized by a dedicated circuit corresponding to the controller 36. That is, some or all of the functions of the terminal apparatus 30 may be realized by hardware.
[0047] The controller 36 controls the positioner 32 to acquire positional information on the terminal apparatus 30. The controller 36 controls the communication interface 31 to transmit, to the information processing apparatus 10 via the network 2, the acquired positional information on the terminal apparatus 30, together with identification information on the user. The identification information on the user is information capable of uniquely identifying the user. The controller 36 may acquire, at established time intervals, the positional information on the terminal apparatus 30 and transmit the acquired positional information on the terminal apparatus 30, together with the identification information on the user, to the information processing apparatus 10. The time intervals may be set based on an average speed at which the terminal apparatus 30 moves, or the like.
[0048]<Configuration of Output Apparatus> As illustrated in FIG. 2, each of the output apparatuses 40 includes a communication interface 41, an output interface 42, a memory 43, and a controller 44.
[0049] The communication interface 41 is configured to include at least one communication module for connection to the network 2. The communication module is, for example, a communication module compliant with a mobile communication standard such as LTE, 4G, or 5G. However, the communication module is not limited to this. The communication module may be compliant with any communication standard.
[0050] The output interface 42 is capable of outputting data. The output interface 42 is configured to include at least one interface for output that is capable of outputting data. The interface for output is, for example, a display, a speaker, or the like. The display is, for example, an LCD, an organic EL display, or the like. In FIG. 1, the output interface 42 is illustrated as a display. However, the interface for output is not limited to this.
[0051] The memory 43 is configured to include at least one semiconductor memory, at least one magnetic memory, at least one optical memory, or a combination of at least two of these. The semiconductor memory is, for example, RAM, ROM, or the like. The RAM is, for example, SRAM, DRAM, or the like. The ROM is, for example, EEPROM or the like. The memory 43 may function as a main memory, an auxiliary memory, or a cache memory. The memory 43 stores data to be used for operations of the output apparatus 40 and data obtained by the operations of the output apparatus 40.
[0052] The controller 44 is configured to include at least one processor, at least one dedicated circuit, or a combination thereof. The processor is, for example, a general purpose processor such as a CPU or a GPU, or a dedicated processor that is dedicated to specific processing The dedicated circuit is, for example, an FPGA, an ASIC, or the like. The controller 44 executes processing related to the operations of the output apparatus 40 while controlling the components of the output apparatus 40.
[0053] The functions of the output apparatus 40 are realized by execution of an output program according to the present embodiment by a processor corresponding to the controller 44. That is, the functions of the output apparatus 40 are realized by software. The output program causes a computer to execute the operations of the output apparatus 40, thereby causing the computer to function as the output apparatus 40. That is, the computer executes the operations of the output apparatus 40 in accordance with the output program to thereby function as the output apparatus 40.
[0054] Some or all of the functions of the output apparatus 40 may be realized by a dedicated circuit corresponding to the controller 44. That is, some or all of the functions of the output apparatus 40 may be realized by hardware.
[0100] While the present disclosure has been described with reference to the drawings and examples, it should be noted that various modifications and revisions may be implemented by those skilled in the art based on the present disclosure. Accordingly, such modifications and revisions are included within the scope of the present disclosure. For example, functions or the like included in each component, each step, or the like can be rearranged without logical inconsistency, and a plurality of components, steps, or the like can be combined into one or divided.
[0101] For example, when a user heading for the stop 3A or 3B is identified, the controller 13 of the information processing apparatus 10 may control the communication interface 11 to transmit the first or second notification to the terminal apparatus 30 of the user via the network 2. The controller 13 may control the communication interface 11 to receive user schedule information via the network 2 from an external server or the like that manages schedules of users. The controller 13 may identify the user heading for the stop 3A or 3B by analyzing the received user schedule information. In the terminal apparatus 30 of the user heading for the stop 3A or 3B, when the communication interface 31 receives the first or second notification from the information processing apparatus 10 via the network 2, the controller 36 may control the output interface 34 to output the information indicated by the first or second notification. For example, the controller 36 controls the output interface 34 to output the information indicated by the first or second notification as an image on a display of the output interface 34 or as a sound from a speaker of the output interface 34.
[0102] For example, an embodiment in which a general purpose computer functions as the information processing apparatus 10 according to the above embodiment can also be implemented. Specifically, a program in which processes for realizing the functions of the information processing apparatus 10 according to the above embodiment are written may be stored in a memory of a general purpose computer, and the program may be read and executed by a processor. Accordingly, the present disclosure can also be implemented as a program executable by a processor, or a non-transitory computer readable medium storing the program.
Furthermore, as an ordered combination, these elements amount to generic computer components receiving or transmitting data over a network, performing repetitive calculations, electronic record keeping, and storing and retrieving information in memory, which, as held by the courts, are well-understood, routine, and conventional. See MPEP 2106.05(d).
Moreover, the remaining elements of dependent claims do not transform the recited abstract idea into a patent eligible invention because these remaining elements merely recite further abstract limitations that provide nothing more than simply a narrowing of the abstract idea recited in the independent claims.
Looking at these limitations as an ordered combination adds nothing additional that is sufficient to amount to significantly more than the recited abstract idea because they simply provide instructions to use a generic arrangement of generic computer components to “apply” the recited abstract idea, perform insignificant extra-solution activity, and generally link the abstract idea to a technical environment. Thus, the elements of the claims, considered both individually and as an ordered combination, are not sufficient to ensure that the claim as a whole amounts to significantly more than the abstract idea itself. Since there are no limitations in these claims that transform the exception into a patent eligible application such that these claims amount to significantly more than the exception itself, claims 1, 2, 4-20 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PO HAN MAX LEE whose telephone number is (571)272-3821. The examiner can normally be reached on Mon-Thurs 8:00 am - 7:00 pm.
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/PO HAN LEE/Primary Examiner, Art Unit 3623