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 .
Response to Amendment
The amendment filed 08/04/2026 has been entered. Claims 9, 12-17 have been amended. Claims 10-11 are cancelled. Claims 1-9, 12-20 remain pending in this application.
Response to Arguments
Applicant's arguments filed 08/04/2026 with respect to claim 1 have been fully considered but they are not persuasive. Applicant argues that Mortensen does not teach or identify any neutral position of the intermediate sidewall 434 in the absence of any force applied thereto. However, as discussed in the rejection below and reiterated herein, Mortensen discloses an inlet 490 and that applying venous vacuum to the first chamber 424, the intermediate sidewall 434 expands and increasing pressure in the first chamber 424 causes the intermediate sidewall to contract (¶ 0113). Accordingly, such recitation of venous vacuum and increased pressure is indicative of a neutral position in the absence of any force applied thereto. Thus, claim 1 remains anticipated by Mortensen.
Regarding claim 5, applicant argues that Mortensen does not teach that the pump is included in the housing. However, such pump of Mortensen being coupled to the inlet 490 is considered to be “included in the housing”. Thus, claim 5 remains anticipated by Mortensen.
Applicant’s arguments with respect to claim(s) 9 have been considered but are moot because the new ground of rejection does not rely on the same interpretation of Mortensen for any teaching or matter specifically challenged in the argument. Claim 9 has been amended to recite “the portion of the flexible housing selectively moved radially toward the bundle of hollow gas exchange fibers is configured to be selectively moved axially along the bundle of hollow gas exchange fibers during operation of the oxygenator”. Such feature is inherent to Mortensen, as discussed in the rejection below.
Regarding claim 8, the office action points to the balloons 20, 25 as characterizing the housing, the actuation apparatus corresponding to balloons 20, 25. Applicant argues that the balloons cannot correspond to different structural features. However, claim 5 from which claim 8 depends recites “wherein the housing includes an actuation apparatus”. Thus, under the broadest reasonable interpretation of the housing “including” an actuation apparatus, such balloons of Hattler are considered to be a housing including the actuation apparatus. Further, the rejection of claim 8 relies on modifying the actuation apparatus of Mortensen such that it is the balloons of Hattler.
Regarding claim 12, applicant argues that the expansion member 120 is provided between the outer and inner housings and such expansion member cannot be considered to be “formed within a wall of the flexible housing”. However, the rejection below points to the flexible housing as being both the inner housing 111 and the expansion member 120. Thus, Kim makes obvious claim 12.
Regarding claims 15-17, applicant argues that Hattler ‘663 fails to teach an oxygenator having a rigid housing, a flexible housing, and the first and second covers, as required by claim 9. However, such features are disclosed by Mortensen, as recited in claim 9. Applicant argues that there would be no reasonable means by which to move the annular ring. However, such recitation of the annular ring of claims 15-17 is recited as being “movable axially” and a means by which to move the annular ring is not required by claims 15-17.
Regarding claims 18-20, applicant argues that it is unclear why a person having ordinary skill in the art w0ould add the relative movement of the balloons of Hattler ‘663 to the annular ring of Mortensen. However, as discussed in the rejection below, such modification allows for optimal gas transfer. Applicant argues that the balloon of Hattler ‘663 does not form any sort of radially inward constrictions. However, under the broadest reasonable interpretation of “radially inward constriction” such balloon of Hattler ‘663 is disposed radially inward and is considered to be a “radially inward constriction”. Applicant argues that there is no structure in Mortensen to move the cited annular ring axially. However, such recitation of the plurality of radially inward constrictions is recited as being “configured to move axially” and the means by which to move the annular ring is not recited in the claims.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-7, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mortensen et al. (Pub. No.: US 2004/0052681 A1).
Regarding claim 1, Mortensen discloses (fig. 8), an oxygenator (heart/lung blood gas exchanger 400), comprising:
A housing (404) extending from a first end (406) to a second end (408) (¶ 0098, fig. 8); and
A bundle of hollow gas exchange fibers (hollow fiber assembly 402) between the first end and the second end (¶ 0099, fig. 8);
Wherein at least a portion of the housing (intermediate sidewall 434) is configured to selectively move from a neutral position in the absence of any force applied to the portion of the housing to a radially inward position with respect to the bundle of hollow gas exchange fibers and to a radially outward position with respect to the bundle of hollow gas exchange fibers, wherein the radially outward position is radially outward of the neutral position (¶ 0112-¶ 0113).
Regarding claim 2, Mortensen discloses wherein the housing includes a flexible portion disposed between the first and second end (intermediate sidewall 434, ¶ 0109).
Regarding claim 4, Mortensen discloses wherein a wall of the housing (intermediate sidewall 434) extending between the first and the second end is configured to shift between the radially inward and outward positions (¶ 0109).
Regarding claim 5, Mortensen discloses wherein the housing includes an actuation apparatus (pump, ¶ 0113) configured to selectively move the portion of the housing radially with respect to the bundle of hollow gas exchange fibers (¶ 0113).
Regarding claim 6, Mortensen discloses wherein the actuation apparatus is configured to operate in a cyclical manner (¶ 0114).
Regarding claim 7, Mortensen discloses wherein the actuation apparatus is configured to operate in a variable manner (¶ 0114).
Regarding claim 9, Mortensen discloses (fig. 8) an oxygenator (heart/lung blood gas exchanger 400), comprising:
A rigid housing (outer sidewall 410, ¶ 0108) extending from a first end (412) to a second end (414) (¶ 0098, fig. 8);
A first cover (end cap 420) coupled directly to the first end of the rigid housing and a second cover (end cap 422) coupled directly to the second end of the rigid housing (¶ 0098, fig. 8);
A flexible housing (intermediate sidewall 434, ¶ 0109) disposed within the rigid housing (fig. 8); and
A bundle of hollow gas exchange fibers (12) extending between the first end and the second end within the rigid housing (plurality of hollow fibers 12, ¶ 0099, fig. 8) and radially spaced apart from the flexible housing (see when the intermediate wall distends, and a reserve 499 is created, ¶ 0110);
Wherein a portion of the flexible housing is configured to be selectively moved radially toward bundle of hollow gas exchange fibers (¶ 0109).
Mortensen fails to explicitly disclose wherein the portion of the flexible housing selectively moved radially toward the bundle of hollow gas exchange fibers is to be selectively moved axially along the bundle of hollow gas exchange fibers during operation of the oxygenator. However, Mortensen discloses that a pump or vacuum is connected to the inlet (490, ¶ 0113) and the inlet being disposed on a right side of the rigid housing (fig. 8). Thus, the feature of “the portion of the flexible housing selectively moved radially toward the bundle of hollow gas exchange fibers is to be selectively moved axially along the bundle of hollow gas exchange fibers during operation of the oxygenator” is inherent to the oxygenator of Mortensen as the portion of the flexible housing will move axially, from the portion closest to the inlet to the portion farthest from the inlet.
It is further noted: “where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705,709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775,227 USPQ 773 (Fed. Cir. 1985)”.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen, as applied to claim 5 above, and further in view of Hattler (US Pat. No.: 5,376,069).
Regarding claim 3, Mortensen fails to disclose wherein the housing includes a second flexible portion disposed between the first end and the second end, wherein the second flexible portion is configured to selectively move radially with respect to the bundle of hollow gas exchange fibers independently of the flexible portion.
Hattler teaches discloses (fig. 6-10) an oxygenator (10) and thus in the same field of endeavor, comprising:
A housing (characterized by balloons 20, 25) extending from a first end to a second end (fig. 10); and
A bundle of hollow gas exchange fibers (14, col. 3, ln. 39-43) extending between the first end and the second end (fig. 6);
Wherein at least a portion of the housing is configured to selectively move radially with respect to the bundle of hollow gas exchange fibers (see portion adjacent balloon ballons 20, 25, col. 5, ln. 65-67);
Wherein the housing further includes a flexible portion (first balloon 20) disposed between the first and second end (fig. 10); and
Wherein the housing further includes a second flexible portion (second balloon 25) disposed between the first and second end (fig. 10), wherein the second flexible portion is configured to selectively move radially with respect to the bundle of hollow gas exchange fibers independently of the flexible portion (col. 7, ln. 14-20), wherein the flexible portion and the second flexible portion are configured to be inflated asynchronously so that resulting turbulence in the patient’s bloodstream is maximized (col. 7, ln. 20-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing of Mortensen such that it includes a second flexible portion disposed between the first end and the second end, wherein the second flexible portion is configured to selectively move radially with respect to the bundle of hollow gas exchange fibers independently of the flexible portion, as taught by Hattler, in order to allow turbulence in the patient’s bloodstream is maximized (Hattler col. 7, ln. 20-24).
Regarding claim 8, Mortensen fails to disclose wherein the actuation apparatus comprises a plurality of rings disposed between the first end and the second end, wherein the plurality of rings is configured to move radially with respect to the bundle of hollow gas exchange fibers sequentially along the bundle of hollow gas exchange fibers.
Hattler teaches discloses (fig. 6-10) an oxygenator (10) and thus in the same field of endeavor, comprising:
A housing (characterized by balloons 20, 25) extending from a first end to a second end (fig. 10); and
A bundle of hollow gas exchange fibers (14, col. 3, ln. 39-43) extending between the first end and the second end (fig. 6);
Wherein at least a portion of the housing is configured to selectively move radially with respect to the bundle of hollow gas exchange fibers (see portion adjacent balloon ballons 20, 25, col. 5, ln. 65-67);
Wherein the housing includes an actuation apparatus (balloons 20, 25) configured to selectively move radially with respect to the bundle of hollow gas exchange fibers (col. 6, ln. 65-67); and
Wherein the actuation apparatus comprises a plurality of rings disposed between the first end and the second end (fig. 10, first inflation balloon and second inflation balloon 25 form rings, fig. 7), wherein the plurality of rings is configured to move radially with respect to the bundle of hollow gas exchange fibers sequentially along the bundle of hollow gas exchange fibers (col. 7, ln. 14-25), in order to allow for the plurality of rings to be inflated asynchronously so that resulting turbulence in the patient’s blood stream is maximized (col. 7, ln. 20-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the actuation apparatus of Mortensen such that it comprises a plurality of rings disposed between the first end and the second end, wherein the plurality of rings is configured to move radially with respect to the bundle of hollow gas exchange fibers sequentially along the bundle of hollow gas exchange fibers, as taught by Hattler, in order to allow for the plurality of rings to be inflated asynchronously so that resulting turbulence in the patient’s blood stream is maximized (Hattler col. 7, ln. 20-25).
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen, as applied to claim 1 above, and further in view of Kim et al. (Pub. No.: WO 2009/110652 A1).
Regarding claim 12, Mortensen fails to disclose wherein the flexible housing includes at least one expandable bladder formed within a wall of the flexible housing.
Kim teaches (fig. 2-3) an oxygenator (100) and thus in the same field of endeavor, comprising: a flexible housing (inner housing 111 and expansion member 120), wherein the flexible housing includes at least one expandable bladder (expansion member 120) formed within a wall of the flexible housing (¶ 28), in order to allow for blood to circulate (¶ 38-¶ 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexible housing of Mortensen such that it includes at least one expandable bladder formed within a wall of the flexible housing, as taught by Kim, in order to allow for blood to circulate (Kim ¶ 38-¶ 40).
Regarding claim 13, Mortensen in view of Kim disclose wherein the expandable bladder is configured to receive an inflation fluid therein such that changes in pressure or volume of the inflation fluid within the at least one expandable bladder cause the portion of the wall of the flexible housing to move radially toward the bundle of hollow gas exchange fibers (Kim ¶ 28-29).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen in view of Kim, as applied to claim 9 above, and further in view of Hattler et al. (US Pat. No.: 5,501,663), hereinafter Hattler ‘663.
Regarding claim 14, Mortensen in view of Kim fail to disclose wherein the at least one expandable bladder is disposed at a position radially inward of the bundle of hollow gas exchange fibers.
Hattler ‘663 teaches (fig. 1-5) an oxygenator (abstract) and thus in the same field of endeavor, comprising: at least one expandable bladder (inflatable balloon 48) disposed at a position radially inward of the bundle of hollow gas exchange fibers (fig. 2) configured to improve blood gas transfer by maintaining constant movement of the gas fibers (col. 2, ln. 45-48).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one expandable bladder of Mortensen in view of Kim such that it is disposed at a position radially inward of the bundle of hollow gas exchange fibers, as taught by Hattler ‘663, in order to improve blood gas transfer by maintaining constant movement of the gas fibers (Hattler ‘663 col. 2, ln. 45-48).
Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen, as applied to claim 9 above, and further in view of Hattler et al. (US Pat. No.: 5,501,663), hereinafter Hattler ‘663.
Regarding claim 15, Mortensen fails to disclose in the embodiment of fig. 8 an annular ring disposed in contact with the flexible housing at the portion of the flexible housing selectively moved radially toward the bundle of hollow gas exchange fibers, wherein the annular ring is moveable axially along the flexible housing.
However, Mortensen discloses (fig. 1) an embodiment of an oxygenator (100), comprising: a flexible housing (104, ¶ 0049); and an annular ring (band) disposed in contact with the flexible housing at a portion of the flexible housing selectively moved radially toward the bundle of hollow gas exchange fibers (¶ 0041), in order to create a narrow portion that provides a disturbed flow pattern which allows the blood to mix and make repeated contact with the outer surfaces of the plurality of hollow fibers (¶ 0041).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment of fig. 8 of Mortensen such that it comprises an annular ring disposed in contact with the flexible housing at a portion of the flexible housing selectively moved radially toward the bundle of hollow gas exchange fibers, as taught by the embodiment of fig. 1 of Mortensen, in order to create a narrow portion that provides a disturbed flow pattern which allows the blood to mix and make repeated contact with the outer surfaces of the plurality of hollow fibers (Mortensen ¶ 0041).
Mortensen fails to disclose wherein the annular ring is movable axially along the flexible housing.
Hattler ‘663 teaches (fig. 1-5) an oxygenator (abstract) and thus in the same field of endeavor, comprising an inflatable balloon (48) that is an annular ring (fig. 4-5), wherein the inflatable balloon is movable axially (col. 6, ln. 39-41) in order to allow for optimal gas transfer (col. 6, ln. 39-46).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the annular ring of Mortensen such that it is movable axially along the flexible housing, as taught by Hattler ‘663, in order to allow for optimal gas transfer (Hattler ‘663, col. 6, ln. 39-46).
Regarding claim 16, Mortensen in view of Hattler ‘663 fail to explicitly disclose wherein the annular ring is disposed around the bundle of hollow gas exchange fibers between the rigid housing and the flexible housing and has an axial length less than a length of the flexible housing; wherein the flexible housing has a first diameter in an unconstrained configuration; wherein the annular ring has an inner diameter less than the first diameter of the flexible housing such that the annular ring radially constricts the portion of the flexible housing therein to a second diameter than the first diameter.
However, as discussed in claim 15 above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment of fig. 8 of Mortensen with the embodiment of fig. 1 of Mortensen.
Mortensen (fig. 1) further teaches wherein the annular ring is disposed around the bundle of hollow gas exchange fibers (fig. 1, ¶ 0041) and has an axial length less than a length of the flexible housing (fig. 1, ¶ 0041);
Wherein the flexible housing has a first diameter in an unconstrained configuration (see diameter of expanded portion 1552, ¶ 0041);
Wherein the annular ring has an inner diameter less than the first diameter of the flexible housing such that the annular ring radially constricts the portion of the flexible housing therein to a second diameter (see diameter of narrow portion 154) less than the first diameter (fig. 1, ¶ 0041);
Wherein the second diameter is configured provide a disturbed flow pattern which allows the blood to mix and make repeated contact with the outer surfaces of the plurality of hollow fibers (¶ 0041).
Further, the modification of Mortensen fig. 8 with Mortensen fig. 1 configures the annular ring to be disposed around the bundle of hollow gas exchange fibers between the rigid housing and the flexible housing since Mortensen fig. 1 disposed the annular ring around the flexible housing and Mortensen fig. 8 disposes the flexible housing inside the rigid housing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the oxygenator of Mortensen in view of Hattler ‘663 such that wherein the annular ring is disposed around the bundle of hollow gas exchange fibers between the rigid housing and the flexible housing and has an axial length less than a length of the flexible housing; wherein the flexible housing has a first diameter in an unconstrained configuration; wherein the annular ring has an inner diameter less than the first diameter of the flexible housing such that the annular ring radially constricts the portion of the flexible housing therein to a second diameter than the first diameter, as taught by Mortensen fig. 1, in order to provide a disturbed flow pattern which allows the blood to mix and make repeated contact with the outer surfaces of the plurality of hollow fibers (Mortensen ¶ 0041).
Regarding claim 17, Mortensen in view of Hattler ‘663 fail to explicitly disclose wherein the annular ring is disposed within the flexible housing and has an axial length less than a length of the flexible housing; wherein the flexible housing has a first diameter in an unconstrained configuration; wherein the annular ring has an outer diameter greater than the first diameter of the flexible housing such that the annular ring radially expands the portion of the flexible housing to a second diameter greater than the first diameter.
However, as discussed in claim 15 above, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the embodiment of fig. 8 of Mortensen with the embodiment of fig. 1 of Mortensen.
Mortensen (fig. 1) further teaches wherein the annular ring has an axial length less than a length of the flexible housing (fig. 1, ¶ 0041).
Further, Hattler ‘663 teaches that the annular ring is disposed within a flexible housing (characterized by fibers 42), wherein the flexible housing has a first diameter in an unconstrained configuration (fig. 3); wherein the annular ring has an outer diameter greater than the first diameter of the flexible housing such that the annular ring radially expands the portion of the flexible housing to a second diameter greater than the first diameter (fig. 2, col. 5, ln. 30-45), the annular ring configured to improve gas transfer (col. 5, ln. 30-45).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the annular ring of Mortensen in view of Hattler ‘663 such that it is disposed within the flexible housing and has an axial length less than a length of the flexible housing; wherein the flexible housing has a first diameter in an unconstrained configuration; wherein the annular ring has an outer diameter greater than the first diameter of the flexible housing such that the annular ring radially expands the portion of the flexible housing to a second diameter greater than the first diameter, as taught by Mortensen fig. 1 and Hattler ‘663 as such arrangement of the annular ring is suitable for improving gas transfer (Hattler ‘663, col. 5, ln. 30-45).
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortensen in view of Hattler ‘663.
Regarding claim 18, Mortensen discloses an oxygenator (100), comprising:
A housing (104) extending from a first end (106) to a second end (108); and
A bundle of hollow gas exchange fibers (hollow fiber assembly 102) extending between the first end and the second end (fig. 1, ¶ 0035);
Wherein a plurality of radially inward constrictions (narrow portion 154) are selectively formable in the housing between the first and the second end around the bundle of hollow gas exchange fibers (¶ 0041).
Mortensen fails to disclose wherein the plurality of radially inward constrictions are configured to move axially between the first end and the second end.
Hattler ‘663 teaches (fig. 1-2) an oxygenator (abstract) and thus in the same field of endeavor, comprising an inflatable balloon (48), wherein the inflatable balloon is configured to move axially between a first end (manifold 46) and a second end (manifold 44) (col. 6, ln. 39-41) in order to allow for optimal gas transfer (col. 6, ln. 39-46).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the plurality of radially inward constrictions of Mortensen such that it is configured to move axially between the first end and the second end, as taught by Hattler ‘663, in order to allow for optimal gas transfer (Hattler ‘663, col. 6, ln. 39-46).
Regarding claim 19, Mortensen discloses wherein forming the plurality of radially inward constrictions causes mixing of blood flowing from a blood inlet port (146) towards a blood outlet port (148) (¶ 0038, ¶ 0041).
Regarding claim 20, the limitation “wherein moving the plurality of radially inward constrictions axially between the first end and the second end creates a pressure wave within blood flowing form the blood inlet port towards the blood outlet port” relates to the intended use of the system, which, in this case, imparts no further limitations on the structure of the device. The plurality of radially inward constrictions of Mortensen in view of Hattler ‘663 is axially movable and is capable of creating a pressure wave within blood flowing form the blood inlet port towards the blood outlet port and using the device for this purpose requires only routine skill in the art (See § MPEP 2114 II).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wang et al. (Pub. No.: US 2013/0094997 A1) discloses an oxygenator having a flexible membrane. Arp (US Pat. No.: 3,934,982) discloses an oxygenator having a flexible diaphragm.
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.
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/MEAGAN NGO/Examiner, Art Unit 3781
/PHILIP R WIEST/Primary Examiner, Art Unit 3781
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