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 .
Status of the Claims
Claims 1-7, 9-17, and 19-20 are pending and are subject to this Office Action. Claims 1 and 19-20 have been amended.
Response to Amendment
The Examiner acknowledges Applicant’s response filed on 5/08/2026 containing
amendments and remarks to the claims.
Response to Arguments
Applicant's arguments filed 5/08/2026 have been fully considered but they are not persuasive.
The Applicant has amended claims 1 and 19-20 to recite “wherein, in a cross-sectional view of the heating element, a depth of the at least one first microgroove reduces, in a radial direction of the heating element, from a middle part of the at least one first microgroove to an end of the at least one first microgroove”. The Applicant argues on pages 8-9, that Figure 6 of the present specification shows this embodiment as the microgroove 2101 may be provided to form a non-annular groove, so that the depth of the microgroove 2101 is gradually reduced, and the two ends of the microgroove are not connected.
On pages 10-11, the Applicant further argues that Wensley does not teach this claim limitation, as Wensley does not show at all any cross-sectional view of its alleged heating. The Examiner does not find this to be persuasive.
First, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the microgroove may form a non-annular groove) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Next, while Wensley does not show a cross-sectional view, it does not mean that a cross-sectional view of the heating wire of Wensley would not show wherein a depth of the at least one first microgroove reduces, in a radial direction of the heating element, from a middle part of the at least one microgroove to an end of the at least one microgroove. Cross-sectional views are taken along imaginary planes, and one of ordinary skill in the art would be able to visualize what a cross-sectional view of the heating wire of Wensley would portray based on the disclosure of Wensley.
Further, “a cross-sectional view” can be any plane direction through the heating wire, and is not limited to the specific cross-sectional slice that the Applicant refers to in their specification. Even so, even if the cross-sectional view were to be limited to the plane direction that the Applicant refers, this would still not be limiting to describe a non-annular groove, as there are microgroove structures that may be annular and still define where the depth of the at least one first microgroove reduces, in a radial direction of the heating element, from a middle part of the at least one first microgroove to and end of the at least one first microgroove. For example, a microgroove that extends non-parallel in a radial direction (i.e. spiral or slanted) would have a depth reduce in a radial direction from a middle part to an end of the microgroove, as extending parallel from a radial direction would lead to an end of the microgroove, and thus with a reduced depth. The microgroove depth is continuous in a spiral or slanted manner, and not in a radial direction as the Applicant shows in their annotated Figure 6 on page 9.Therefore, a heating wire with a microgroove that annularly surrounds the heating wire in a spiral or slanted direction would define the claim limitation “wherein, in a cross-sectional view of the heating element, a depth of the at least one first microgroove reduces, in a radial direction of the heating element, from a middle part of the at least one first microgroove to an end of the at least one first microgroove”. Figure 3 of Wensley shows microgrooves that extended slanted to a radial direction of the heating wire.
Further, as a “cross-sectional view of the heating element” is so broad, even a microgroove that is parallel to a radial direction of the heating wire would read on the claim limitation, as one must just take a cross-sectional view that is slanted or angled longitudinally through the heating wire.
The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7, 9-11 and 13-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fontem Holdings 1 B.V. (EP3494811, cited in IDS dated 7/18/2023), herein referred to as Wensley.
Regarding claim 1, Wensley teaches:
A heating element for vaporization (heating element 28/128, [0014]), the heating element extending in an axial direction (figure 2, the direction of the heating element extending from a bottom to a top of wick 130), the heating element comprising:
A heating element surface (modified surface 50/150) provided with a plurality of groove portions (plurality of structures 51/151 that resemble grooves [0014], figure 2, and therefore multiple groupings of the plurality of structures reads on a plurality of groove portions. See modified figure 1 below).
As shown in figure 2, the structures 151 are also on a surface of the heating element that does not contact the wick 130 [0024], and therefore a first groove portion of the plurality of groove portions is arranged at least on one side of the heating element away from a preset liquid absorbing element.
The first groove portion comprising at least one first groove (where the plurality of structures 51/151 resemble grooves [0014], one of the plurality of structures reading on at least one first groove).
As the modification increases the fraction of the surface of the heating element that is exposed to liquid of the liquid reservoir 34 ([0014]), it is evident that the grooves are also on a side of the heating element that contacts the wick/present liquid absorbing element, and therefore an opening of the at least one first groove is connected with the preset liquid absorbing element.
Wherein the heating element is configured to be connected with the preset liquid absorbing element to heat and vaporize to-be-vaporized liquid (Activation of the heating element/coil 28 causes the liquid present in the wick 30 to be vaporized, [0019]).
Wherein the plurality of groove portions comprises a second groove portion adjacent the first groove portion (see modified figure 1 below).
Wherein, in a cross-sectional view of the heating element, a depth of the at least one first groove reduces in a direction from a middle part of the at least one first groove to an end of the at least one first groove (by taking a cross-sectional view that is slanted or angled longitudinally through the heating wire, and thus extending parallel from a radial direction would lead to an end of the microgroove with a reduced depth).
Wensley is silent to (I) the size of the grooves, and thus does not appear to disclose the groove portions being microgroove portions and the groove being a microgroove, (II) the at least one first microgroove for gas formed after vaporization to form at least one bubble at the at least one first microgroove, (III) wherein a distance between the first microgroove portion and the second microgroove portion is 5 to 8 times of a width of the first microgroove portion.
In regard to (I), where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04.IV.A. Therefore, the claimed microgrooves and microgroove portions are not patentably distinct from the grooves and groove portions of Wensley.
In regard to (II), apparatus claims cover what a device is, not what a device does. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114(II). Therefore, as Wensley teaches a heating element (28) surface (50) with a plurality of microgroove portions (groupings of the plurality of structures 51) and the microgrooves are connected with the preset liquid absorbing element (as is evident by [0014] of Wensley), it would have been obvious to one having ordinary skill in the art that the at least one microgroove structure is capable of being for gas formed after vaporization to form at least one bubble at the at least on first microgroove.
In regard to (III), Wensley is silent to the distance between the first microgroove portion and the second microgroove portion. However, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04.IV.A. Therefore, the claimed heating element is not patentably distinct from Wensley, absent evidence to the contrary.
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Modified Figure 3
Regarding claim 2, Wensley further teaches:
Wherein the at least one first microgroove comprises a groove provided on the heating element surface (the modified surface 50 of the heating element 28 can comprise a plurality of structures 51 that resemble grooves [0014], one of the plurality of structures reading on a groove).
Or wherein the at least one first microgroove portion comprises at least two protrusions arranged on the heating element surface, the at least one first microgroove being formed between two adjacent protrusions of the at least two protrusions (Other structures 51 may comprise line-shaped, diamond-shaped or polygon shaped cavities ([0014), and the sides of the cavities read on the at least two protrusions with the cavity being the microgroove formed in between the two adjacent protrusions).
Regarding claim 3, Wensley further teaches:
Wherein the heating element comprises a metal wire (the heating element 128 is realized as a heating wire comprising a conductive material…the conductive material comprises a conductive metal, [0024]).
Wherein the at least one first microgroove comprises an arc-shaped groove provided on a metal wire surface of the metal wire (modified surface 150 with elongated wave-like shaped cavities as structures 151, [0024]).
Or wherein the at least one first microgroove comprises a linear groove provided on a metal wire surface of the metal wire (line-shaped cavities [0014], and therefore reads on a linear groove).
Regarding claim 4, Wensley teaches wherein the microgroove comprises the arc-shaped groove provided on the surface of the metal wire (modified surface 150 with elongated wave-like shaped cavities as structures 151, [0024]).
Wensley does not appear to explicitly disclose wherein the arc-shaped groove comprises an annular groove provided on the surface of the metal wire. However, as Wensley teaches that the modification increases the fraction of the surface of the heating element that is exposed to liquid of the liquid reservoir 34 ([0014]), it is evident that the grooves are also on a side of the heating element that contacts the wick/present liquid absorbing element. Wensley further shows in figure 2 the structures 151 are also on a surface of the heating element that does not contact the wick 130 [0024].
Therefore, it would be obvious to one of ordinary skill in the art to make the elongated wave-like shaped cavities (i.e. arc-shaped groove) be on the entire outer surface of the heating element, and thus comprise an annular groove provided on the surface of the wire, in order for the groove to be exposed to liquid of the liquid reservoir but on a surface of the heating element that does not contact the wick as taught by Wensley.
Regarding claim 5, Wensley further teaches:
Wherein the at least one first microgroove comprises the linear groove provided on the metal wire surface (line-shaped cavities [0014], and therefore reads on a linear groove).
Wherein an extending direction of the linear groove is perpendicular to a length direction of the metal wire (as shown in figure 2).
Regarding claim 6, Wensley further teaches:
Wherein all microgroove portions of the plurality of microgroove portions are arranged at intervals sequentially along a length direction of the metal wire (figure 2, see modified figure 1 above).
Regarding claim 7, Wensley further teaches:
Wherein each microgroove portion of the plurality of microgroove portions is provided with a plurality of microgrooves provided in parallel at intervals (the arrangement of the plurality of structures 151 as shown in figure 2).
Wensley is silent to the width of each microgroove portion and a width of each microgroove of the plurality of microgrooves. However, as each microgroove portion is a grouping of the plurality of structures 151, and may comprise multiple microgrooves, it is evident that a width of each microgroove portion of the plurality of microgroove portions may be 3 to 5 times of a width of each microgroove of the plurality of microgrooves. Further, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04.IV.A. Therefore, the claimed heating element is not patentably distinct from Wensley.
Regarding claim 9, Wensley is silent to the depth of each microgroove of the plurality of microgrooves and a width of each microgroove. However, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04.IV.A. Therefore, the claimed heating element is not patentably distinct from Wensley.
Regarding claim 10, Wensley further teaches wherein a cross section of each microgroove is triangular, rectangular, trapezoidal, semicircular, or elliptical (elongated wave-like shaped cavities [0024] – elliptical, trapezoidal structures [0070] – trapezoidal, cubic structures [0070] – rectangular, diamond-shaped [0014] – triangular).
Alternatively, Wensley discloses other structures with other shapes can be realized on the surface of a heating element ([0070]), and the change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Regarding claim 11, Wensley teaches:
A vaporization core (atomizer 26, [0013]), comprising: a liquid absorbing element (wick 30, [0013]); and the heating element of claim 1 (heating element 28, see claim 1).
Wherein the liquid absorbing element comprises a vaporization surface (the central portion of the wick 30 encircled by the heating coil 28, [0016]) and a liquid absorbing surface (the ends of the wick 30 abutting the liquid reservoir 34, [0016]).
The liquid absorbing element being configured to allow to-be-vaporized liquid to enter from the liquid absorbing surface and to reach the vaporization surface after passing through the liquid absorbing element (with liquid in the liquid reservoir 34 drawn by capillary action from the ends of the wick 30 towards the central portion of the wick 30 encircled by the heating coil 28, [0016]).
Wherein the heating element is connected with the liquid absorbing element (figures 1-2).
The heating element being arranged on one side of the vaporization surface and configured to heat and vaporize the to-be-vaporized liquid passing through the vaporization surface (figures 1-2, activation of the heating element/coil 28 causes the liquid present in the wick 30 to be vaporized, [0019]).
Wherein the first microgroove portion is arranged at least on one side of the heating element that is away from the vaporization surface (as shown in figure 2, the structures 151 are also on a surface of the heating element that does not contact the wick 130 [0024], and therefore the microgroove portion is at least on one side of the heating element that is away from the vaporization surface).
As the modification increases the fraction of the surface of the heating element that is exposed to liquid of the liquid reservoir 34 ([0014]), it is evident that the microgrooves are also on a side of the heating element that contacts the wick/vaporization surface, and therefore an opening of the at least one first microgroove is connected with the vaporization surface.
Regarding claim 13, Wensley teaches a vaporizer (atomizer/liquid reservoir portion 14), comprising: a vaporization sleeve (housing of the atomizer/liquid reservoir portion, figure 1, [0009]); a mounting base (friction push fit, a snap fit, or a bayonet attachment, magnetic fit, or screw threads portion of the atomizer/liquid reservoir portion 14, [0009]); and the vaporization core of claim 11 (see claim 11).
Regarding claim 14, Wensley teaches an electronic vaporization device (e-cigarette 10), comprising: the vaporizer of claim 13 (see claim 13) configured to store to-be-vaporized liquid (liquid reservoir 34) and to vaporize the to-be-vaporized liquid to form vapor inhalable by a user ([0019]); and a body component configured to supply power to the vaporizer (power supply portion 12, [0009]).
Regarding claims 15-16, the determination of patentability is based upon the product or apparatus structure itself. Patentability does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP § 2113.
Regarding claim 17, Wensley does not appear to teach wherein the heating element comprises two heating wires arranged side by side. However, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See MPEP § 2144.04 VI B.
Therefore, it would be obvious for one having ordinary skill in the art to duplicate the heating wire of Wensley to be two heating wires, and thus the heating element comprises two heating wires arranged side by side, as this is merely duplication of parts without any new of unexpected results.
Regarding claim 19, Wensley teaches:
A heating element for vaporization (heating element 28/128, [0014]), the heating element extending in an axial direction (figure 2, the direction of the heating element extending from a bottom to a top of wick 130), the heating element comprising:
A heating element surface (modified surface 50) provided with a groove portion (plurality of structures 51 that resemble grooves [0014], figure 2, and therefore multiple groupings of the plurality of structures reads on a groove portion. See modified figure 1 above).
The groove portion comprising a first groove (where the plurality of structures 51 resemble grooves [0014], one of the plurality of structures reading on at least one first groove).
Wherein the heating element is configured to be connected with the preset liquid absorbing element to heat and vaporize to-be-vaporized liquid (Activation of the heating element/coil 28 causes the liquid present in the wick 30 to be vaporized, [0019]).
As the modification increases the fraction of the surface of the heating element that is exposed to liquid of the liquid reservoir 34 ([0014]), it is evident that the grooves are also on a side of the heating element that contacts the wick/present liquid absorbing element, and therefore an opening of the first groove is connected with the preset liquid absorbing element.
Wherein the groove portion is arranged partially on a first side of the heating element that is away from the preset liquid absorbing element (as shown in figure 2, the structure 151 are also on a surface of the heating element that does not contact the wick 130 [0024], which reads on a first side of the heating element) and on a second side of the heating element (the surface of the heating element that is exposed to liquid of the liquid reservoir [0014]).
Wherein the second side of the heating element is adjacent to the first side of the heating element (as the heating element is a wire [0024], the side of the wire that contacts the wick and the side of the heating element that does not contact the wick are adjacent to each other as shown in figure 2).
Wherein, in a cross-sectional view of the heating element, a depth of the at least one first groove reduces in a direction from a middle part of the at least one first groove to an end of the at least one first groove (by taking a cross-sectional view that is slanted or angled longitudinally through the heating wire, and thus extending parallel from a radial direction would lead to an end of the microgroove with a reduced depth).
Wensley is silent to (I) the size of the grooves, and thus does not appear to disclose the groove portions being microgroove portions and the groove being a microgroove, (II) the at least one first microgroove for gas formed after vaporization to form at least one bubble at the at least one first microgroove, and (III) wherein a distance between the first microgroove portion and the second microgroove portion is 5 to 8 times of a width of the first microgroove portion.
In regard to (I), where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04.IV.A. Therefore, the claimed microgrooves and microgroove portions are not patentably distinct from the grooves and groove portions of Wensley.
In regard to (II), apparatus claims cover what a device is, not what a device does. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114(II). Therefore, as Wensley teaches a heating element (28) surface (50) with a microgroove portion (groupings of the plurality of structures 51) and the microgrooves are connected with the preset liquid absorbing element (as is evident by [0014] of Wensley), it would have been obvious to one having ordinary skill in the art that the first microgroove structure is capable of being for gas formed after vaporization to form at least one bubble at the first microgroove.
In regard to (III), Wensley is silent to the distance between the first microgroove portion and the second microgroove portion. However, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04.IV.A. Therefore, the claimed heating element is not patentably distinct from Wensley.
Regarding claim 20, Wensley teaches:
A heating element for vaporization (heating element 28/128, [0014]), the heating element extending in an axial direction (figure 2, the direction of the heating element extending from a bottom to a top of wick 130), the heating element comprising:
A heating element surface (modified surface 50) provided with a groove portion (plurality of structures 51 that resemble grooves [0014], figure 2, and therefore multiple groupings of the plurality of structures reads on a groove portion. See modified figure 1 above).
The groove portion comprising a first groove (where the plurality of structures 51 resemble grooves [0014], one of the plurality of structures reading on at least one first groove).
Wherein the heating element is configured to be connected with the preset liquid absorbing element to heat and vaporize to-be-vaporized liquid (Activation of the heating element/coil 28 causes the liquid present in the wick 30 to be vaporized, [0019]).
As the modification increases the fraction of the surface of the heating element that is exposed to liquid of the liquid reservoir 34 ([0014]), it is evident that the grooves are also on a side of the heating element that contacts the wick/present liquid absorbing element, and therefore an opening of the first groove is connected with the preset liquid absorbing element.
Wherein the groove portion is arranged on a first side of the heating element that is away from the preset liquid absorbing element (as shown in figure 2, the structure 151 are also on a surface of the heating element that does not contact the wick 130 [0024], which reads on a first side of the heating element), a second side of the heating element (the portion of the heating element that connects the side of the heating element that does not contact the wick and the side of the heating element that does contact the wick), and a third side of the heating element (the surface of the heating element that is exposed to liquid of the liquid reservoir [0014]).
Wherein the second side of the heating element is adjacent to the first side of the heating element (as the second side of the heating element is the portion of the heating element that connects the side of the heating element that does not contact the wick and the side of the heating element that does contact the wick).
Wherein, in a cross-sectional view of the heating element, a depth of the at least one first groove reduces in a direction from a middle part of the at least one first groove to an end of the at least one first groove (by taking a cross-sectional view that is slanted or angled longitudinally through the heating wire, and thus extending parallel from a radial direction would lead to an end of the microgroove with a reduced depth).
Wensley is silent to (I) the size of the grooves, and thus does not appear to disclose the groove portions being microgroove portions and the groove being a microgroove, (II) the at least one first microgroove for gas formed after vaporization to form at least one bubble at the at least one first microgroove, and (III) wherein a distance between the first microgroove portion and the second microgroove portion is 5 to 8 times of a width of the first microgroove portion.
In regard to (I), where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04.IV.A. Therefore, the claimed microgrooves and microgroove portions are not patentably distinct from the grooves and groove portions of Wensley.
In regard to (II), apparatus claims cover what a device is, not what a device does. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP § 2114(II). Therefore, as Wensley teaches a heating element (28) surface (50) with a microgroove portion (groupings of the plurality of structures 51) and the microgrooves are connected with the preset liquid absorbing element (as is evident by [0014] of Wensley), it would have been obvious to one having ordinary skill in the art that the first microgroove structure is capable of being for gas formed after vaporization to form at least one bubble at the first microgroove.
In regard to (III), Wensley is silent to the distance between the first microgroove portion and the second microgroove portion. However, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04.IV.A. Therefore, the claimed heating element is not patentably distinct from Wensley.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fontem Holdings 1 B.V. (EP3494811, cited in IDS dated 7/18/2023), herein referred to as Wensley as applied to claim 11 above, and further in view of (Qiu 2018/0360112).
Regarding claim 12, Wensley further teaches that the heating element/coil may be positioned anywhere in the atomizer and may be transverse or parallel to the liquid reservoir…the atomizer may alternatively use other forms of heating elements ([0013]). Wensley does not appear to disclose wherein the liquid absorbing element comprises a vaporization hole, the vaporization surface being arranged on an inner wall of the vaporization hole, and wherein the heating element comprises a spirally coiled metal wire and is fixedly connected with the inner wall of the vaporization hole.
Qiu, directed to a heating device for an electronic cigarette, teaches:
A vaporization core (atomizing head 1) comprising: a liquid absorbing element (13) and a heating element (14, figures 1-2, [0030]).
The liquid absorbing element comprises a vaporization hole (inner cavity of the liquid absorbing element where the heating element is arranged, figures 1-2), the vaporization surface being arranged on an inner wall of the vaporization hole (when the heating element 14 is energized, the liquid tobacco stored in the liquid absorbing element 13 is heated and atomized [0030], and therefore the inner wall of the vaporization hole where the heating element contacts the liquid absorbing element reads on the vaporization surface), and wherein the heating element comprises a spirally coiled metal wire (wherein the heating wire is spiral [0003]) and is fixedly connected with the inner wall of the vaporization hole (as shown in figures 1-2).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the vaporization core of Wensley to make the liquid absorbing element and heating element configured as taught by Qiu, because both Wensley and Qiu are directed to heating devices that comprise spiral heating wires and liquid absorbing elements to vaporize liquid, Wensley teaches other forms of heating elements may be used, and this merely involves incorporating a known type of wick and coil heating arrangements to a similar heating device to yield predictable results.
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 Nicole A Szumigalski whose telephone number is (703)756-1212. The examiner can normally be reached Monday - Friday: 8:00 - 4:30 EST.
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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