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
Applicant amendments filed 07/30/2026 have been entered. Applicant amendments overcomes the previous 112(b) rejection(s) set forth in the Office Action mailed 05/04/2026, the previous 112(b) rejection(s) is/are withdrawn.
Status of Claims
Claims 1-9, 12-20 remain pending in the application, with claims 1-9 and 12-14 being examined and claims 15-20 being withdrawn pursuant to the election filed 03/11/2026.
Claim Objections
Claim 8 is objected to because of the following informalities:
Claim 8 recites “between one or more engagement surfaces” on line 2, where to make it clear that the one or more engagement surfaces of claim 8 are the same as the ones described in claim 1, claim 8 should be amended to recite “between the one or more engagement surfaces”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6, 8, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selmi (US-2016/0018387-A1).
Regarding claim 1, Selmi teaches a biological imaging analyzer comprising:
a flowcell (cartridge 36 and covering plate/slide 37) configured to flow biological cells therethrough, the flowcell (36 and 37) including an imaging region where images of the biological cells are captured ([0066] see possible to use whole blood and [0067] see analyze thrombotic-ischemic and hemorrhagic pathology in a fluid such as blood, hematic or biological fluids, [0098], [0121] see covering plate 37 contacts coupling surface 39 closes micro-grooves 51 defining respective closed micro-channels 54 through which fluids to be analyzed are made to pass, [0127] see micro-grooves 51 are shaped to optimize acquisition of images by optical acquisition device 15, Figures 1-4);
a lighting module (optical module 65) configured to generate a light, the lighting module comprising a light guide configured to convey the light to the imaging region of the flowcell (36 and 37) ([0147] see optical acquisition device 15 can comprise an optical module 65, [0148] describes where the optical module 65 comprises sources of light radiation, and [0149] describes where the optical module 65 comprises LED lamps of the strobe type. As seen in Figure 1, the optical module 65 is a housing that one skilled in the art would find obviously houses the source of light radiation where the housing is a light guide that conveys the light to the micro-channels 54 of the cartridge 36 and slide 37);
an imaging module (optical acquisition device 15) configured to capture images of the biological cells at the imaging region of the flowcell (36 and 37) ([0127], [0145], Figure 1); and
a flowcell holder (press 14) in operable connection with the flowcell (36 and 37), wherein the flowcell holder (14) is configured to frictionally engage a portion of the flowcell (36 and 37) via compressing the flowcell between one or more engagement surfaces (elastic element 60 and cartridge bearer element 59) and a fixation block (covering element 62) of the flowcell holder (14) ([0140] see press comprises a support or cartridge bearer element 59, and elastic element 60, and a covering element 62 which during use is disposed in contact against the covering plate 37, Figure 1. [0141] further describes where the covering element 62 comprises an actuation means not shown in the drawings that exert a pressure on the covering plate 37 and keeps the plate 37 adherent against the coupling surface 39 of the cartridge 36. The pressure applied will lead to frictional engagement of the press 14 with the cartridge 36).
Regarding claim 2, Selmi teaches the biological imaging analyzer of claim 1. Selmi further teaches wherein the imaging module comprises a camera (Selmi; [0145] see optical acquisition device 15 can be a camera or video camera).
Regarding claim 3, Selmi teaches the biological imaging analyzer of claim 1.
The limitations of claim 3 are directed to the material worked upon by the apparatus, all the structural limitations of the claim have been disclosed by Selmi and the apparatus of Selmi is capable of working on stained blood cells. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of Selmi (see MPEP §2115).
Please see [0026] of Selmi which describes that the biological fluid being analyzed may be blood.
Regarding claim 4, Selmi teaches the biological imaging analyzer of claim 1. Selmi further teaches wherein the light is a pulsed light (Selmi; [0149] see LED lamps of the strobe type).
Regarding claim 5, Selmi teaches the biological imaging analyzer of claim 1.
Selmi further teaches wherein the light guide is in operable connection with the flowcell holder. As seen in Figure 1, the housing that will hold lamp and conveys the light to the cartridge 36 and cover 37 are operably connected as if they weren’t light would not reach the cartridge 36 and cover 37.
Regarding claim 6, Selmi teaches the biological imaging analyzer of claim 5.
Selmi further teaches wherein a distance between the light guide and the flowcell is fixed. [0147] of Selmi describes where the optical acquisition device comprises an optical module 65 to detect the image, and is able to slide along a guide 66 to move into proximity to one of the micro-channels 54. As seen in Figures 5-6, sliding along the guide 66 will not change the vertical distance from the housing of the optical module 65 to the cartridge 36 and cover 37.
Regarding claim 8, Selmi teaches the biological imaging analyzer of claim 1.
Selmi teaches where the press 14 provides pressure to maintain covering plate 37 under pressure against coupling surface 39 of cartridge 36, therefore one skilled in the art would find it obvious that the compression will be on all sides, including opposite sides, of the micro-grooves 51 formed by the combination of the cartridge 36 and cover 37.
Regarding claim 14, Selmi teaches the biological imaging analyzer of claim 8. Selmi further teaches wherein the portion of the imaging region of the flowcell comprises glass (Selmi; [0134] see material used to make cartridge 36 and cover 37 is glass).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selmi (US-2016/0018387-A1 in view of Duckett (US-2017/0248515-A1).
Regarding claim 7, Selmi teaches the biological imaging analyzer of claim 1. While Selmi teaches that the optical module 65 may be modified such that different tests which use illumination with different wavelengths from the current ones (Selmi; [0164]), and [0149] describes that the light may be an LED lamp of the strobe type, Selmi does not teach wherein the light is a white light.
In the same problem solving area of illuminating a flow cell, Duckett teaches that a light source to irradiate an assay region of a flow channel of the flow cell may be with white light (Duckett; [0039]).
Selmi is silent with regards to the wavelengths of the light source, therefore, it would have been necessary and thus obvious to look to the prior art for conventional colors irradiated for flow cells. Duckett provides this conventional teaching showing that it is known in the art to use white light. Therefore, it would have been obvious to one skilled in the art to make the wavelength of the light source be white light as taught by Duckett because Duckett teaches that white light is effective for irradiating the assay region of a flow cell (Duckett; [0039]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selmi (US-2016/0018387-A1 in view of Reda (US-2018/0195116-A1).
Regarding claim 9, Selmi teaches a biological imaging analyzer comprising:
a flowcell (cartridge 36 and covering plate/slide 37) configured to flow biological cells therethrough, the flowcell (36 and 37) including an imaging region where images of the biological cells are captured ([0066] see possible to use whole blood and [0067] see analyze thrombotic-ischemic and hemorrhagic pathology in a fluid such as blood, hematic or biological fluids, [0098], [0121] see covering plate 37 contacts coupling surface 39 closes micro-grooves 51 defining respective closed micro-channels 54 through which fluids to be analyzed are made to pass, [0127] see micro-grooves 51 are shaped to optimize acquisition of images by optical acquisition device 15, Figures 1-4);
a lighting module (optical module 65) configured to generate a light, the lighting module comprising a light guide configured to convey the light to the imaging region of the flowcell (36 and 37) ([0147] see optical acquisition device 15 can comprise an optical module 65, [0148] describes where the optical module 65 comprises sources of light radiation, and [0149] describes where the optical module 65 comprises LED lamps of the strobe type. As seen in Figure 1, the optical module 65 is a housing that one skilled in the art would find obvious houses the source of light radiation where the housing is a light guide that conveys the light to the micro-channels 54 of the cartridge 36 and slide 37);
an imaging module (optical acquisition device 15) configured to capture images of the biological cells at the imaging region of the flowcell (36 and 37) ([0127], [0145], Figure 1); and
a flowcell holder (press 14) in operable connection with the flowcell (36 and 37), wherein the flowcell holder (14) is configured to frictionally engage a portion of the flowcell (36 and 37) via compressing the flowcell between one or more engagement surfaces (elastic element 60 and cartridge bearer element 59) and a fixation block (covering element 62) of the flowcell holder (14) ([0140] see press comprises a support or cartridge bearer element 59, and elastic element 60, and a covering element 62 which during use is disposed in contact against the covering plate 37, Figure 1. [0141] further describes where the covering element 62 comprises an actuation means not shown in the drawings that exert a pressure on the covering plate 37 and keeps the plate 37 adherent against the coupling surface 39 of the cartridge 36. The pressure applied will lead to frictional engagement of the press 14 with the cartridge 36).
Selmi does teach that it includes a cartridge bearer element 59 and elastic element 60 (engagement surfaces), however the cartridge bearer element 59 nor elastic element 60 comprise a pair of arcuate ridges.
In the same problem solving area of compressing a sensor carrier and gasket Reda teaches holder elements (Reda; [0033]).
Specifically, Reda teaches where a sensor arrangement 207 is between two similar holder elements 41 and 41’ and aligned with positioning pins 209 which are attached to one of the holder elements 41, 41’ and passing through alignment or positioning holes in the various films that make up the sensor arrangement 207 to the other holder element which has openings 47 which match the position of the positioning pins 209 (Reda; [0115], Figure 6).
It would have been obvious to one skilled in the art to modify the press of Selmi such that the cartridge bearer element 59 includes positioning pins and to modify the covering element 62 to have corresponding holes for receiving the positioning pins, and to modify the cartridge, cover and gasket to include corresponding holes that align with the positioning pins as taught by Reda because Reda teaches that the positioning pins allows for alignment of the various components (Reda; [0115]).
The cartridge bearer element will now have positioning pins where these pins are engagement surfaces, where the press 14 will frictionally engage the cartridge 36 and cover 37 by compressing the cartridge 36 and cover 37 between the positioning pins of the cartridge bearer element 59 and covering element 62.
The cartridge bearer element 59 of Selmi has been modified with Reda to include the positioning pins, where as seen in Figure 6 of Reda the positioning pins and corresponding holes are seen to be circular, where there is one pair of pins on the right side and one pair of pins on the left, and as the positioning pins are circular they are therefore arcuate.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selmi (US-2016/0018387-A1 in view of translated Kobasa (JP-H05149870-A).
Regarding claim 12, Selmi teaches the biological imaging analyzer of claim 8.
Selmi does not teach the material of the press 14, which includes cartridge bearer element 59 (one of the one or more engagement surfaces) and covering element 62.
In the same problem solving area of flow cell holders, Kobasa teaches that a flow cell holder is preferably made with aluminum with easy precision processing (Kobasa; [0011]).
Selmi is silent with regards to the specific material for the press that holds the cartridge and cover, therefore, it would have been necessary and thus obvious to look to the prior art for conventional materials used to hold flow cells. Kobasa provides this conventional teaching showing that it is known in the art to use aluminum. Therefore, it would have been obvious to one skilled in the art to make the press, cartridge bearer element 59 and covering element 62, to be made of aluminum as taught by Kobasa because Kobasa teaches that aluminum is an effective material to make into a flowcell holder with easy precision processing (Kobasa; [0011]).
Regarding claim 13, modified Selmi teaches the biological imaging analyzer of claim 12. Modified Selmi further teaches wherein the one or more engagement surfaces comprise aluminum, please see claim 12 supra.
Claim(s) 1-6, 8, 14 is/are alternatively rejected over Selmi (US-2016/0018387-A1) in view of Luscher (US-2017/0137780-A1).
Please note that this rejection is set forth if it is determined that Selmi does not teach a housing that is a light guide.
Regarding claim 1, Selmi teaches a biological imaging analyzer comprising:
a flowcell (cartridge 36 and covering plate/slide 37) configured to flow biological cells therethrough, the flowcell (36 and 37) including an imaging region where images of the biological cells are captured ([0066] see possible to use whole blood and [0067] see analyze thrombotic-ischemic and hemorrhagic pathology in a fluid such as blood, hematic or biological fluids, [0098], [0121] see covering plate 37 contacts coupling surface 39 closes micro-grooves 51 defining respective closed micro-channels 54 through which fluids to be analyzed are made to pass, [0127] see micro-grooves 51 are shaped to optimize acquisition of images by optical acquisition device 15, Figures 1-4);
a lighting module (optical module 65) configured to generate a light ([0147] see optical acquisition device 15 can comprise an optical module 65, [0148] describes where the optical module 65 comprises sources of light radiation, and [0149] describes where the optical module 65 comprises LED lamps of the strobe type);
an imaging module (optical acquisition device 15) configured to capture images of the biological cells at the imaging region of the flowcell (36 and 37) ([0127], [0145], Figure 1); and
a flowcell holder (press 14) in operable connection with the flowcell (36 and 37), wherein the flowcell holder (14) is configured to frictionally engage a portion of the flowcell (36 and 37) via compressing the flowcell between a fixation block (covering element 62) of the flowcell holder (14) ([0140] see press comprises a covering element 62 which during use is disposed in contact against the covering plate 37, Figure 1. [0141] further describes where the covering element 62 comprises an actuation means not shown in the drawings that exert a pressure on the covering plate 37 and keeps the plate 37 adherent against the coupling surface 39 of the cartridge 36. The pressure applied will lead to frictional engagement of the press 14 with the cartridge 36).
Selmi does not teach a light guide configured to convey the light to the imaging region of the flowcell.
In the same problem solving area of focusing electromagnetic radiation to an interrogation region, Luscher teaches where an objective lens is used as an optical element for focusing electromagnetic illumination from an illumination source onto an interrogation region where the objective lens may be coaxially aligned with a flow path of a flow cell in the vicinity of the interrogation region (Luscher; [0127]).
It would have been obvious to one skilled in the art to modify the optical module of Selmi such that it includes a lens to focus the light radiation as taught by Luscher because Luscher teaches that lenses are effective for focusing light to a specific area of a flow cell (Luscher; [0127]).
Regarding claim 2, modified Selmi teaches the biological imaging analyzer of claim 1. Selmi further teaches wherein the imaging module comprises a camera (Selmi; [0145] see optical acquisition device 15 can be a camera or video camera).
Regarding claim 3, modified Selmi teaches the biological imaging analyzer of claim 1.
The limitations of claim 3 are directed to the material worked upon by the apparatus, all the structural limitations of the claim have been disclosed by modified Selmi and the apparatus of modified Selmi is capable of working on stained blood cells. As such, it is deemed that the claimed apparatus is not differentiated from the apparatus of modified Selmi (see MPEP §2115).
Please see [0026] of Selmi which describes that the biological fluid being analyzed may be blood.
Regarding claim 4, modified Selmi teaches the biological imaging analyzer of claim 1. Selmi further teaches wherein the light is a pulsed light (Selmi; [0149] see LED lamps of the strobe type).
Regarding claim 5, modified Selmi teaches the biological imaging analyzer of claim 1.
Selmi has been modified by Luscher so the optical module includes an objective lens, where the objective lens will be operably connected to the cartridge 36 and cover 37 because if they were not in operable connection then no light would reach the cartridge 36 and cover 37.
Regarding claim 6, modified Selmi teaches the biological imaging analyzer of claim 5.
[0147] of Selmi describes where the optical module 65 is able to slide along a guide 66 to move into proximity to one of the micro-channels 54. Selmi has been modified by Luscher so the optical module includes a lens, where as seen in Figures 5-6 of Selmi, sliding along the guide 66 will not change the vertical distance the optical module 65 and lens to the cartridge 36 and cover 37.
Regarding claim 8, modified Selmi teaches the biological imaging analyzer of claim 1.
Selmi teaches where the press 14 provides pressure to maintain covering plate 37 under pressure against coupling surface 39 of cartridge 36, therefore one skilled in the art would find it obvious that the compression will be on all sides, including opposite sides, of the micro-grooves 51 formed by the combination of the cartridge 36 and cover 37.
Regarding claim 14, modified Selmi teaches the biological imaging analyzer of claim 8. Selmi further teaches wherein the portion of the imaging region of the flowcell comprises glass (Selmi; [0134] see material used to make cartridge 36 and cover 37 is glass).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selmi (US-2016/0018387-A1) and Luscher (US-2017/0137780-A1), and in further view of Duckett (US-2017/0248515-A1).
Regarding claim 7, modified Selmi teaches the biological imaging analyzer of claim 1. While Selmi teaches that the optical module 65 may be modified such that different tests which use illumination with different wavelengths from the current ones (Selmi; [0164]), and [0149] describes that the light may be an LED lamp of the strobe type, Selmi does not teach wherein the light is a white light.
In the same problem solving area of illuminating a flow cell, Duckett teaches that a light source to irradiate an assay region of a flow channel of the flow cell may be with white light (Duckett; [0039]).
Selmi is silent with regards to the wavelengths of the light source, therefore, it would have been necessary and thus obvious to look to the prior art for conventional colors irradiated for flow cells. Duckett provides this conventional teaching showing that it is known in the art to use white light. Therefore, it would have been obvious to one skilled in the art to make the wavelength of the light source be white light as taught by Duckett because Duckett teaches that white light is effective for irradiating the assay region of a flow cell (Duckett; [0039]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selmi (US-2016/0018387-A1) in view of Luscher (US-2017/0137780-A1) and Reda (US-2018/0195116-A1).
Regarding claim 9, Selmi teaches a biological imaging analyzer comprising:
a flowcell (cartridge 36 and covering plate/slide 37) configured to flow biological cells therethrough, the flowcell (36 and 37) including an imaging region where images of the biological cells are captured ([0066] see possible to use whole blood and [0067] see analyze thrombotic-ischemic and hemorrhagic pathology in a fluid such as blood, hematic or biological fluids, [0098], [0121] see covering plate 37 contacts coupling surface 39 closes micro-grooves 51 defining respective closed micro-channels 54 through which fluids to be analyzed are made to pass, [0127] see micro-grooves 51 are shaped to optimize acquisition of images by optical acquisition device 15, Figures 1-4);
a lighting module (optical module 65) configured to generate a light, ([0147] see optical acquisition device 15 can comprise an optical module 65, [0148] describes where the optical module 65 comprises sources of light radiation, and [0149] describes where the optical module 65 comprises LED lamps of the strobe type);
an imaging module (optical acquisition device 15) configured to capture images of the biological cells at the imaging region of the flowcell (36 and 37) ([0127], [0145], Figure 1); and
a flowcell holder (press 14) in operable connection with the flowcell (36 and 37), wherein the flowcell holder (14) is configured to frictionally engage a portion of the flowcell (36 and 37) via compressing the flowcell between one or more engagement surfaces (elastic element 60 and cartridge bearer element 59) and a fixation block (covering element 62) of the flowcell holder (14) ([0140] see press comprises a support or cartridge bearer element 59, and elastic element 60, and a covering element 62 which during use is disposed in contact against the covering plate 37, Figure 1. [0141] further describes where the covering element 62 comprises an actuation means not shown in the drawings that exert a pressure on the covering plate 37 and keeps the plate 37 adherent against the coupling surface 39 of the cartridge 36. The pressure applied will lead to frictional engagement of the press 14 with the cartridge 36).
Selmi does not teach a light guide configured to convey the light to the imaging region of the flowcell.
In the same problem solving area of focusing electromagnetic radiation to an interrogation region, Luscher teaches where an objective lens is used as an optical element for focusing electromagnetic illumination from an illumination source onto an interrogation region where the objective lens may be coaxially aligned with a flow path of a flow cell in the vicinity of the interrogation region (Luscher; [0127]).
It would have been obvious to one skilled in the art to modify the optical module of Selmi such that it includes a lens to focus the light radiation as taught by Luscher because Luscher teaches that lenses are effective for focusing light to a specific area of a flow cell (Luscher; [0127]).
Selmi does teach that it includes a cartridge bearer element 59 and elastic element 60 (engagement surfaces), however the cartridge bearer element 59 nor elastic element 60 comprise a pair of arcuate ridges.
In the same problem solving area of compressing a sensor carrier and gasket Reda teaches holder elements (Reda; [0033]).
Specifically, Reda teaches where a sensor arrangement 207 is between two similar holder elements 41 and 41’ and aligned with positioning pins 209 which are attached to one of the holder elements 41, 41’ and passing through alignment or positioning holes in the various films that make up the sensor arrangement 207 to the other holder element which has openings 47 which match the position of the positioning pins 209 (Reda; [0115], Figure 6).
It would have been obvious to one skilled in the art to modify the press of Selmi such that the cartridge bearer element 59 includes positioning pins and to modify the covering element 62 to have corresponding holes for receiving the positioning pins, and to modify the cartridge, cover and gasket to include corresponding holes that align with the positioning pins as taught by Reda because Reda teaches that the positioning pins allows for alignment of the various components (Reda; [0115]).
The cartridge bearer element will now have positioning pins where these pins are engagement surfaces, where the press 14 will frictionally engage the cartridge 36 and cover 37 by compressing the cartridge 36 and cover 37 between the positioning pins of the cartridge bearer element 59 and covering element 62.
The cartridge bearer element 59 of Selmi has been modified with Reda to include the positioning pins, where as seen in Figure 6 of Reda the positioning pins and corresponding holes are seen to be circular, where there is one pair of pins on the right side and one pair of pins on the left, and as the positioning pins are circular they are therefore arcuate.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Selmi (US-2016/0018387-A1) and Luscher (US-2017/0137780-A1), and in further view of translated Kobasa (JP-H05149870-A).
Regarding claim 12, modified Selmi teaches the biological imaging analyzer of claim 8.
Selmi does not teach the material of the press 14, which includes cartridge bearer element 59 (one of the one or more engagement surfaces) and covering element 62.
In the same problem solving area of flow cell holders, Kobasa teaches that a flow cell holder is preferably made with aluminum with easy precision processing (Kobasa; [0011]).
Selmi is silent with regards to the specific material for the press that holds the cartridge and cover, therefore, it would have been necessary and thus obvious to look to the prior art for conventional materials used to hold flow cells. Kobasa provides this conventional teaching showing that it is known in the art to use aluminum. Therefore, it would have been obvious to one skilled in the art to make the press, cartridge bearer element 59 and covering element 62, to be made of aluminum as taught by Kobasa because Kobasa teaches that aluminum is an effective material to make into a flowcell holder with easy precision processing (Kobasa; [0011]).
Regarding claim 13, modified Selmi teaches the biological imaging analyzer of claim 12. Modified Selmi further teaches wherein the one or more engagement surfaces comprise aluminum, please see claim 12 supra.
Response to Arguments
Applicant’s amendments to the claims and arguments, see page 5, filed 07/30/2026, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Selmi (US-2016/0018387-A1), and in the alternative Selmi (US-2016/0018387-A1) in view of Luscher (US-2017/0137780-A1).
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.
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/S.Y.L./Examiner, Art Unit 1796
/MELVIN C. MAYES/Supervisory Patent Examiner, Art Unit 1759
