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 .
Applicant’s arguments filed in the reply on June 12, 2026 were received and fully considered. Claims 1, 3, and 12-18 amended. Please see below for more detail.
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.
Claim(s) 1-3, 5, 7-10, 16-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berthier et al (US 2016/0174888) (“Berthier 888”).
Regarding Claim 1, while Berthier 888 teaches a device for collecting blood from a mammalian subject without using spontaneous capillary blood flow (Abstract, device for collecting blood from a mammalian subject [0096]-[0097] motivates the use of gravity as a directing force for blood, [0108]-[0110] where modifying the width of the fluidic channels change its reliance on either capillary blood flow or gravitational force, [0102] the system can be configured to rely solely on gravity, and thus collects blood without using spontaneous capillary blood flow as confirmed in [0142]), the device comprising:
a collection cup subassembly (Figs. 1A-1F, 2A-2F, [0102], Figs. 3A-3D, [0127]-[0130], Figs. 9A-D, [0152]-[0154], Figs. 15A-D, [0163]-[0164] where collector 200 is the collection cup subassembly) comprising:
a housing (Figs. 3A-3D, [0127]-[0130] collector 200 shown with a housing); and
a cantilevered slide structured and arranged in the housing for transporting blood down and away from a blood sampling location into a blood sample container (Figs. 3A-3D, [0127]-[0130] “As described, blood being collected at one or multiple collection sites 201A, 201B, 201C are captured in a fluidic channel network 202, …As discussed above, in certain embodiments, a ramp 207 can be used to connect the fluids flowing in the network to the outflow channel 205, which allows the filling of a reservoir (not shown).” a cantilevered slide / a fluid path comprising ramp 207 and outflow channel 205 structured and arranged in the housing for transporting for transporting blood down and away from a blood sampling location into a blood sample container / reservoir 208, the slide being cantilevered because the ramp 207 is at an obtuse angle relative to the housing),
the cantilevered slide comprising a first end cantilevered from the housing and a second, free end opposite the first end and disposed over the blood sample container (Figs. 3A-3D, [0127]-[0130] [0129] “As a second aspect, once the fluid reaches the distal outflow channel 205, it is preferable to have it flow into the reservoir (not shown) as efficiently as possible. As is shown variously in the figures, in certain embodiments the outflow channel can extend the length of the tube/reservoir such that the flowing fluid is able to contact the internal distal end of the tube or reservoir (as is shown in FIGS. 9A-D at 905 and discussed below). In further embodiments, the outflow channel extends partially into the tube, thereby allowing the collected fluid to contact a side of the tube and descend to the distal end (as is described further below in relation to FIGS. 15A-16E). Accordingly, the outflow channel can be placed at any height relative to a longitudinal plane of the tube or reservoir, thereby allowing the contact of the fluid at any location in the tube, as is desired by the user based on the specific application.” the cantilevered slide comprising a first end cantilevered from the housing / ramp 207 that exists at an obtuse angle relative to the housing and a second end opposite the first end at the end of the outflow channel 205. While the second end of the slide / outflow channel 205 near the blood sample container suggests a free nature in Fig. 3C, it is not clearly stated or shown in this figure and Figs. 5E and 6A teach the second ends in contact with the housing. However, Examiner notes that further description of the outflow channel may be found in Figs. 9A-9D and Figs. 15A-15D and the current embodiment teaches that a position of the end of the slide structure above the blood sample container is modifiable. Reviewing these figures, as explained below, a free end for the outflow channel 205 / 905 / 1500 may be found extending freely into the reservoir and being disposed over blood sample containers / tubes or reservoirs 208 / 904 / 1502, Figs. 9A-D, [0152]-[0154] Distal end of Outflow channel 905 / second, free end of cantilevered slide structure, disposed over tube or reservoir 1502 / blood sample container, “This can be accomplished by designing a channel with an appropriate Bond number relative to the angles at which it will be disposed, as is discussed above in relation to FIGS. 1E-F. In these embodiments, gravity is significant, and the fluidic paths will be influenced by gravity such that they may take different paths as the device is placed in different orientations” the delivery of the blood down the channel can be controlled by a Bond number of the user’s choosing, supporting the possibility of the device relying solely on gravity, where the second, free end of the outflow channel may deliver fluid by extending into the tube/reservoir and being in fluidic contact with the bottom of tubes/reservoirs, Figs. 15A-D, [0163] “In these embodiments, the outflow channel 1500 extends from the collector such that the distal end of the channel 1500 is disposed within the tube or reservoir 1502, thereby providing the initial transitional point for the flow of fluid 1504 (as is described herein, for example, in relation to FIGS. 5A-6C). The outflow channels in FIGS. 15A-D and 16A-E are similar in that they contemplate outflow channel geometries that act as one-way flow valves.” Distal end of Outflow channel 1500 / second, free end of cantilevered slide structure, disposed over tube or reservoir 1502 / blood sample container, [0164] “When the device is held at a different orientation, as shown in FIG. 15C, the fluid 1504 is retained in the tube 1502 and not allowed to make contact with the outflow channel 1500, which could allow fluid 1504 to flow back into the device via backflow through the outflow channel 1500…In contrast, in certain embodiments such as the embodiment of FIG. 15D, surface tension may be insufficient to prevent gravity from drawing the fluid 1504 out of the tip 1502B and down onto the side of the tube 1502C, for example when large amounts of fluid have been collected. In those embodiments, the channel 1500 is positioned in the tube 1502 such that the fluid 1504 disposed along the side of the tube 1502C does not contact the channel 1500, thereby preventing backflow out of the tube.” May be structured to require the force of gravity before fluid can be collected, notes a free end within the blood sample container to prevent backflow despite orientation changes),
Berthier 888’s first embodiment fails to teach a plunger subassembly couplable to the collection cup for creating a negative pressure in the housing of the collection cup subassembly, thereby causing the blood to flow into a blood sample container,
However Berthier 888’s second embodiment teaches
a collection cup subassembly (Figs. 1A-1F, 2A-2F, [0102], Figs. 5A-5E, [0136]-[0137] device 400 acts as collection subassembly); and
a plunger subassembly couplable to the collection cup for creating a negative pressure in the housing of the collection cup subassembly (Figs. 1A-1F, 2A-2F, [0102], Figs. 5A-5E, [0107] using a plunger of this embodiment enhances collection by creating a vacuum within the housing, [0137] actuator 404 acts as plunger subassembly, coupled to device 400, where a decreased pressure from actuation of the actuator 404 within device 400 enhances fluid flow, by creation of negative pressure), thereby causing the blood to flow into a blood sample container ([0102], [0136] reservoir).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the collection cup subassembly of Berthier 888’s first embodiment further include a plunger subassembly of Berthier 888’s second embodiment to enhance the blood collection by an added negative pressure, as Berthier 888’s first embodiment desires efficient collection ([0129] “As a second aspect, once the fluid reaches the distal outflow channel 205, it is preferable to have it flow into the reservoir (not shown) as efficiently as possible.”).
Regarding Claim 2, Berthier 888 teaches the device of claim 1, wherein the slide is cantilevered (See Claim 1 Rejection) at an obtuse angle from an opening in the housing of the collection cup subassembly (See Claim 1 Rejection, the ramp of Berthier 888, shown in Figs. 3B and 3C, shown at an obtuse angle relative to the opening of the housing).
Regarding Claim 3, Berthier 888 teaches the device of claim 1, wherein a channel connected to the slide may have a shape selected from the group consisting of a concave slide, a rectangular slide, a rounded rectangular slide, and a V-shaped slide (Fig. 6A-6B, [0141]-[0142] the channel continuous from ramp 424 shown to be a rectangular slide), their combined efforts fail to explicitly teach the slide has slide a shape selected from the group consisting of a concave slide, a rectangular slide, a rounded rectangular slide, or a V-shaped slide
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the cantilevered slide of Berthier 888 to utilize a rectangular shape as Berthier 888 has noted this as a shape that facilitates blood collection.
Regarding Claim 5, Berthier 888 teaches the device of claim 1, wherein the collection cup subassembly further comprises a plurality of sidewall elements that are formed within and about at least one opening in the housing and that are structured and arranged to funnel blood from the blood sampling location to the slide (Figs. 1D and 2A, [0103], [0128] collection sites connect to microfluidic channels that funnel blood to the fluid reservoir 104, where the slide is an intermediate component in that guidance).
Regarding Claim 7, Berthier 888 teaches the device of claim 1, wherein the housing of the collection cup subassembly comprises a connection opening structured and arranged for releasably connecting the blood sample container to the housing of the collection cup subassembly ([0102] device 100 / collection cup subassembly comprising a connection opening / fitting or coupling portion 103 structured and arranged for releasably connecting the blood sample container / reservoir 104 to the housing of the collection cup subassembly, [0128] applies equivalently to the collector 200).
Regarding Claim 8, Berthier 888 teaches the device of claim 1, wherein the housing of the collection cup subassembly comprises at least one opening formed therethrough for placement against the epidermis of the subject (Figs. 1D and 2A, [0103], [0128] collection sites).
Regarding Claim 9, Berthier 888 teaches the device of claim 8, wherein the at least one opening comprises a plurality of openings (See Claim 8 Rejection).
Regarding Claim 10, Berthier 888 teaches the device of claim 9, further comprising a blood diverter configured to divert blood flow originating from a first opening of the plurality of openings around a second opening of the plurality of openings (See Claim 8 Rejection, [0128] branched channels divert blood flow from a first opening in a controlled manner around other openings).
Regarding Claim 16, Berthier 888 teaches the device of claim 1, wherein the plunger subassembly comprises:
a first plunger end and a second plunger end;
a plunger formed at the second plunger end; and
at least one lancet element attached to the plunger (Fig. 1D, [0104]-[0105] unseen top of actuator 110 acts as first end, shown bottom of actuator 110 with needles 30 acts as second end, where the whole assembly is noted as a plunger 18, thus indicating that the plunger is formed at the second end, as well as the first end. Further, the lancet elements 30 attach to the plunger at the second end as shown in the Figure).
Regarding Claim 17, Berthier 888 teaches the device of claim 16, wherein the plunger and the at least one lancet element are structured and arranged to translate through the collection cup subassembly to the blood sampling location ([0105]-[0106]).
Regarding Claim 18, Berthier 888 teaches the device of claim 16, wherein the plunger subassembly further comprises a base portion formed at the first plunger end (See Claim 16 Rejection, [0104]-[0106] the first end of actuator 110 corresponds to a base portion).
Regarding Claim 20, Berthier 888 teaches the device of claim 16, wherein the plunger is structured and arranged to create the negative pressure in the housing of the collection cup subassembly (See Claims 1 and 16 Rejections, [0137]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berthier 888 in view of Haghgooie et al (US 2012/0277697) (“Haghgooie”).
Regarding Claim 4, while Berthier 888 teaches the device of claim 1, their combined efforts fail to teach wherein a hydrophobic agent is applied to the slide.
However Haghgooie teaches a fluid collector (Abstract) with collection facilitating components where a fluid facilitating component may have hydrophobic material applied to the surface to influence desired movement ([0044]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the cantilevered slide of Berthier 888 to utilize a hydrophobic agent as Haghgoogie teaches that such a coating can enhance desired blood flow guidance ([0044]).
Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berthier 888 in view of Berthier et al (US 2020/0085414) (“Berthier 414”) as noted in Applicant IDS dated 5/28/2025.
Regarding Claim 6, while Berthier 888 teaches the device of claim 1, Berthier 888 fails to teach wherein the collection cup subassembly further comprises a one-way valve disposed in the housing for creating the negative pressure within a plenum space within the housing.
However Berthier 414 teaches a blood collection device (Abstract) comprising a collection cup subassembly and a plunger subassembly ([0043] housing 102 / collection cup subassembly and actuator 104 / plunger subassembly), wherein the collection cup subassembly further comprises a one-way valve disposed in the housing for creating the negative pressure within a plenum space within the housing ([0051] one-way valve 128 that facilitates vacuum generation through plunger 122 actuation).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the device of Berthier 888 include a one-way valve as taught by Berthier 414 as the one-way valve supports the creation of a pressure differential in Berthier 888.
Regarding Claim 11, while Berthier 888 teaches the device of claim 10, Berthier 888 fails to teach wherein blood flow is diverted along a path that exceeds 2 mm.
However Berthier 414 teaches a blood collection device (Abstract) comprising a collection cup subassembly and a plunger subassembly ([0043] housing 102 / collection cup subassembly and actuator 104 / plunger subassembly), wherein the openings of the collection cup subassembly can be between 3 and 30 mm ([0131]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to note that the device of Berthier 888 could set the opening sizes to exceed 2 mm as taught by Berthier 414 as a size to provide sufficient surface area to draw blood through (Berthier 414: [0131]). And utilizing fluidic channels around openings of 3-30 mm to divert blood flow as taught by Berthier 888 would indicate that the diversion path exceeds 2 mm.
Claim(s) 12-13, 15, 19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berthier 888 in view of Berthier et al (US 2017/0172481) (“Berthier 481”).
Regarding Claim 12, while Berthier 888 teaches the device of claim 1, Berthier 888 fails to teach the device further comprising: a mid-body subassembly couplable to the collection cup subassembly and comprising a second housing having a proximal end and a distal end and defining a plenum space.
However Berthier 481 teaches a blood collection device (Abstract) comprising a collection cup subassembly and a plunger subassembly (Figs. 10A-10C, [0066], [0074]-[0075] base 110 / collection cup subassembly and a plunger 90 and membrane 80 / plunger subassembly), and further including a mid-body subassembly couplable to the collection cup subassembly and comprising a housing having a proximal end and a distal end and defining a plenum space (Fig. 2A-3D, [0064] illustrates various internal components with Fig. 2A, [0065]-[0066] teaching actuator 40 that couples to the base 110 / collection cup subassembly through housing 12, with a proximal end / top button surface 42 and a distal end opposite, the actuator 40 surrounding the plunger subassembly and thus defining a plenum space).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to configure the plunger subassembly of Berthier 888 to further include a separate actuator 40 as taught by Berthier 481 as it provides a locking mechanism to prevent undesired actuation of the plunger ([0082]-[0084]).
Regarding Claim 13, Berthier 888 and Berthier 481 teach the device of claim 12, wherein the mid-body subassembly further comprises a pair of opposing tabs formed at the distal end of the second housing, wherein the opposing tabs are configured to retain at least one biasing element (Fig. 3A-3D, [0083] actuator arms 50 comprise at least a pair of opposing tabs formed at the distal of the housing of actuator 40, wherein the opposing tabs are configured to retain at least one biasing element by surrounding the biasing element within the plunger subassembly and by performing the locking of the actuation mechanism).
Regarding Claim 15, Berthier 888 and Berthier 481 teach the device of claim 12, wherein the mid-body subassembly further comprises a tab formed at the proximal end of the second housing for retaining a plunger within the plenum space ([0065], [0079] tabs / threshold stops 45 formed at a proximal end of the housing of mid-body subassembly to maintain the plunger in the ready position, where the actuator surrounds the plunger subassembly and thus retains the plunger within the plenum space).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include the threshold stops of Berthier 481 with the device of Berthier 888 and Berthier 481 to enable a locking of a ready position taught in Berthier 481 as a preliminary step to ready the device, reducing the potential for accidental activations.
Regarding Claim 19, while Berthier 888 teaches the device of claim 18, and Berthier 888 teaches the system comprising a biasing element ([0107] spring 24) and implies the base portion comprises a pair of protrusions that are structured and arranged to retain a biasing element (Fig. 1D, between the exterior walls of 110 and a raised structure behind face 28, there appears to be a gap that could interface with spring 24), Berthier 888 fails to explicitly teach the base portion comprises a pair of protrusions that are structured and arranged to retain a biasing element.
However Berthier 481 teaches a blood collection device (Abstract) comprising a collection cup subassembly and a plunger subassembly (Figs. 10A-10C, [0066], [0074]-[0075] base 110 / collection cup subassembly and a plunger 90 and membrane 80 / plunger subassembly), with a base top portion of the plunger subassembly (Figs. 10A-10C), where the base portion comprises a pair of protrusions that are structured and arranged to retain a biasing element (Figs. 10A-10C, an inner wall of membrane 80 and outer wall of plunger 90 extend from the base portion to act as a pair of protrusions that are structured and arranged to retain a biasing element / spring 100).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to apply the retaining structure by a pair of protrusions taught by Berthier 481 to the system of Berthier 888 as a confirmed way to retain a plunger device with the blood collection structure provided in the base portion of Berthier 888.
Regarding Claim 21, while Berthier 888 teaches the device of claim 16, wherein the plunger subassembly further comprises at least one sealing device disposed about the plunger.
However Berthier 481 teaches a blood collection device (Abstract) wherein the plunger subassembly further comprises at least one sealing device disposed about the plunger ([0066], [0097] membrane 80 / sealing device disposed about the plunger 90 facilitates the creation of the vacuum).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to set a sealing membrane about the plunger as taught by Berthier 481 for the plunger subassembly of 888 as a way to facilitate the creation of the vacuum in Berthier 481.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Berthier 888 in view of Berthier 481 and further in view of Barone et al (WO 2020/223710) (“Barone”) as noted in Applicant IDS dated 5/28/2025.
Regarding Claim 14, while Berthier 888 and Berthier 481 teach the device of claim 12, their combined efforts fail to teach wherein the biasing element comprises a pair of springs.
However Barone teaches a device for receiving fluids (Abstract) by deploying a needle assembly and retracting the needle assembly, where movement of the needle assembly may be controlled by multiple springs, including a pair of springs (p41-42, pair of springs 265 control deployment movement direction of needle assembly 164).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, that the single spring of Berthier 888 can be substituted with a pair of springs as taught by Barone as a simple substitution of one form of controlling deployment of a needle assembly (Berthier 888, a single central spring) for another (Barone, pair of springs placed on opposite side) to obtain predictable results of controlled, fast movement of the plunger assembly.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 20 of U.S. Patent No. 11,478,175. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are only clearly differentiated by the allowed claims including a tab for retaining the plunger subassembly – a limitation that is impertinent to the negative pressure generation of the plunger assembly.
Response to Arguments
Applicant’s amendments and arguments filed 6/12/2026 with respect to the claim objections have been fully considered and are persuasive. The objection(s) is/are withdrawn.
Applicant’s amendments and arguments filed 6/12/2026 with respect to the 35 USC 112(b) rejections have been fully considered and are persuasive. The rejection(s) is/are withdrawn
Applicant’s amendments and arguments filed 6/12/2026 with respect to the 35 USC 103 rejection of Claim 1 have been fully considered and are persuasive. Therefore, the rejection(s) is/are withdrawn for the previous embodiment of Figs 5A-5E. However, upon further consideration, a new ground(s) of rejection under 35 USC 103 is made in view of Berthier 888. Upon further review of embodiments that did not explicitly use a plunger, Examiner has noted the cited embodiment’s modifiable offset of a second end of the slide in Berthier 888. This modifiable offset is utilized by Berthier 888 to control a second end of the slide so that it may freely positioned within the blood sampling container to allow blood sampling while preventing backflow. The addition of plunger teachings from a separate embodiment is then considered obvious as it enhances the blood collection efficiency of the first embodiment.
Claims 2-21 remain rejected due to their dependence on rejected independent claim 1.
Applicant’s request filed 6/12/2026 with respect to the double patenting rejection of Claim 16 have been fully considered and the rejection is held in abeyance.
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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/JAIRO H. PORTILLO/
Examiner
Art Unit 3791
/PUYA AGAHI/Primary Examiner, Art Unit 3791
Prosecution Insights