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 .
Preliminary Remarks
The amendment filed on 06/26/2026 has been entered. Claims 1, 12, 18 have been amended, claim 20 has been canceled, and claim 21 has been added. Therefore, claims 1-19 and 21 remain pending in the application.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-7 and 9-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US2018/0368961 A1-Shanjani et al (hereinafter “Shanjani”).
Regarding claim 1, Shanjani discloses a system for detecting target molecules in a patient's saliva (methods and apparatuses described herein may be used for monitoring and analysis of bioagents in the intraoral cavity while an intra-oral appliance. e.g., aligner, palatal expander, etc., is in use; these apparatuses and methods may collect information (data), including data about tooth movement phases, via analysis of biomarkers in saliva or gingival crevicular fluid (GCF, para. [0009]; methods and apparatuses for detecting one or more biomarkers from within a subject’s oral cavity, para. [0007], lines 1-3),
Shanjani discloses the system comprising: an oral appliance configured to be positioned in an oral cavity of the patient and removably secured to dentition of the patient (apparatuses for monitoring patient compliance and/or performance of an orthodontic appliance for repositioning a patient’s teeth; these apparatuses may include an orthodontic appliance, such as an aligner comprising one or more teeth-receiving cavities, para. [0010], lines 1-5);
Shanjani discloses a cassette removably coupled to the oral appliance (aligner 704, Fig. 7A, para. [0192], line 2), the cassette (biosensor 700 is permanently or removably mounted to the outside and/or inside of the appliance by a mount, para. [0192], lines 2-4) comprising a microtubule (swellable hydrogel 705, para. [0192], line 7, Fig. 7B) including a collection portion (sample port 703, para. [0192], line 6, Fig. 7B-C) configured to collect saliva (at least one biosensor system comprising: a bioreceptor configured to cause a first interaction with one or more tooth motion biomarkers in fluid in the oral cavity, para. [0206], lines 28-31; that is, fluid in the patient’s oral cavity, where Shanjani discloses the fluid may be saliva (para. [0041]; any of the biosensors described herein may include one or more microfluidics systems for capture , storage and analysis of intra - oral fluids, para. [0170], lines 1-3);
Shanjani discloses a sensor removably coupled to the oral appliance (a monitoring device can be operably coupled to the orthodontic appliance in a variety of ways, para. [0143], lines 1-2; the coupling may be a releasable coupling allowing for removal of the monitoring device from the appliance, para. [0143], lines 6-8; also, any of the biosensor systems and apparatuses (e.g., removable orthodontic devices ) described herein may be used to monitor one or more biomarkers from a patient, para. [0165], lines 1-4; while the aligner is worn, the bioreceptor (that may be housed in a biosensor housing) of the removable orthodontic aligner may be placed in contact with a fluid (e.g., saliva) within the oral cavity, which may cause a first interaction with one or more biomarkers for tooth motion, para. [0166], lines 1-6; Shanjani discloses biosensor 700 is permanently or removably mounted to the outside and/or inside of the appliance by a mount, para. [0192], lines 2-4) and configured to detect a presence of collected saliva in the cassette (biosensor 700 is permanently or removably mounted to the outside and/or inside of the appliance by a mount, para. [0192], lines 2-4 and swellable hydrogel in port 703 swell in response to contact with saliva from patient’s mouth, also discussed above) and trigger an alert to test for presence of a target molecule in the collected saliva (the apparatuses and methods described herein may be configured to detect one or more of the following biomarkers. In some variations, these biomarkers may be detected from the saliva and/or the gingival crevicular fluid (GCF). These biomarkers may be particularly helpful in detecting tooth remodeling or movement. The levels of one or more of these biomarkers may be detected and tracked over the course of a treatment to adjust or modify an orthodontic treatment (para. [0077], lines 1-9; the information (e.g., the information derived by monitoring the level of one or more biomarkers using the biosensors) may be used to modify the treatment plan by triggering replacement of one or more devices (aligners) within a planned sequence of removable orthodontic appliances, para. [0100], lines 14-18; the apparatuses and methods described herein may be configured to detect one or more compounds or markers for bad breath (e.g., above a target threshold) that may indicate bad breath, and may alert the wearer, track, store, and/or transmit detected levels, para. [0091], lines 1-5).
Shanjani discloses a detector (control circuitry 709 disposed within biosensor 700, para. [0192], lines 9-10, Fig. 7B-C) coupled to the oral appliance (attached to oral appliance 704, Figs. 7B-C; the change in volume may be detected by the control circuitry 709 within the biosensor, para. [0192], lines 9-10), wherein the detector is configured to, in response to the alert: transmit light from a light source through the cassette and the collected saliva (bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16; Shanjani discloses the biotransducer passes light, that is, the light source is included in the biotransducer discussed above; also, the bioreceptor may be bound to an optically transparent substrate through which light may be passed by the biotransducer; a change in the optical properties of the bioreceptor may correlate with binding of the biomarker to the biotransducer, para. [0072], lines 15-18; that is, the biomarker is found in the saliva, at least one biosensor system comprising: a bioreceptor configured to cause a first interaction with one or more tooth motion biomarkers in fluid in the oral cavity, para. [0206], lines 28-31; that is, fluid in the patient’s oral cavity, where Shanjani discloses the fluid may be saliva (para. [0041]);
Shanjani discloses a detector measure the amount of light transmitted through the cassette and the collected saliva (bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16; a change in the optical properties of the bioreceptor may correlate with binding of the biomarker to the biotransducer; para. [0072], lines 16-18; additionally, the bioreceptor may include a matrix (e.g., hydrogel) that interacts with the biomarker to modify a property of the matrix (e.g. electrical resistance, optical absorption, electrochemical potential, etc., and this modified property may be polled and/or detected by the biotransducer; para. [0072], lines 14-22; additionally, at least one biosensor system comprising: a bioreceptor configured to cause a first interaction with one or more tooth motion biomarkers in fluid in the oral cavity, para. [0206], lines 28-31; that is, fluid in the patient’s oral cavity, where Shanjani discloses the fluid may be saliva (para. [0041]; moreover, by illuminating light into the body and measuring the change in light absorption, para. [0086], lines 24-25);
Shanjani discloses determine an absorption or scattering amount of the light transmitted through the cassette and the collected saliva (bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16; a change in the optical properties of the bioreceptor may correlate with binding of the biomarker to the biotransducer; para. [0072], lines 16-18; additionally, the bioreceptor may include a matrix, e.g., hydrogel, that interacts with the biomarker to modify a property of the matrix; e.g. electrical resistance, optical absorption, electrochemical potential, etc., and this modified property may be polled and/or detected by the biotransducer; para. [0072], lines 14-22; at least one biosensor system comprising: a bioreceptor configured to cause a first interaction with one or more tooth motion biomarkers in fluid in the oral cavity, para. [0206], lines 28-31; that is, fluid in the patient’s oral cavity, where Shanjani discloses the fluid may be saliva (para. [0041]);
Shanjani discloses determine whether the target molecules are present in the collected saliva based on the absorption or scattering amount of the light (bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16; a change in the optical properties of the bioreceptor may correlate with binding of the biomarker to the biotransducer; para. [0072], lines 16-18; additionally, the bioreceptor may include a matrix, e.g., hydrogel, that interacts with the biomarker to modify a property of the matrix; e.g. electrical resistance, optical absorption, electrochemical potential, etc., and this modified property may be polled and/or detected by the biotransducer; para. [0072], lines 14-22; Shanjani discloses determine whether the target molecules are present in the patient's saliva based on the absorption or scattering amount of the light (bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16; a change in the optical properties of the bioreceptor may correlate with binding of the biomarker to the biotransducer; para. [0072], lines 16-18; additionally, the bioreceptor may include a matrix, e.g., hydrogel, that interacts with the biomarker to modify a property of the matrix; e.g. electrical resistance, optical absorption, electrochemical potential, etc., and this modified property may be polled and/or detected by the biotransducer; para. [0072], lines 14-22).
Regarding claim 2, Shanjani discloses wherein the microtubule further comprises: a treatment portion (biosensor disposed on aligner 700, Fig. 7B-C) spaced apart from the collection portion (sample port 703), the treatment portion comprising a plurality of nanoparticles (nanoparticles conjugated to a probe for detection, para. [0184], lines 18-19).
Regarding claim 3, Shanjani discloses herein the plurality of nanoparticles comprise at least one of gold, silver or silica (a detectable marker, such as a gold conjugate, para. [0184], lines 9-11).
Regarding claim 4, Shanjani discloses wherein the plurality of nanoparticles are configured to bond to the target molecules to form a plurality of target nanoparticles (detection of the bound capture agent may be achieved through the binding of, for example , an antigen specific antibody conjugated to a detectable marker, such as a gold conjugate; this step completes a sandwich consisting of a capture agent (e.g., antibody), the biomarker (antigen) and finally the detectable marker (e.g., gold conjugate) and results in a direct and permanent visually detectable marker, such as a red dot indicating the presence of the biomarker. Alternative colors for detection may be achieved by using different types of detectable markers, such as nanoparticles conjugated to a probe for detection, para. [0184], lines 8-19).
Regarding claim 5, Shanjani discloses wherein the microtubule further comprises: a testing portion (testing portion comprises the swellable hydrogel 705 and sample port 703, shown in Figs. 7B-C and shown disposed in cassette—biosensor 700 in Figs. 7B-7C), wherein the testing portion is spaced apart from the collection portion and the treatment portion, and the target nanoparticles are housed in the testing potion (testing portion comprises the swellable hydrogel 705 and sample port 703, shown in Figs. 7B-C and shown disposed in cassette—biosensor 700 in Figs. 7B-7C; further, biosensor may be used, including electrodes; for example, the biosensor may comprise an electrode made nanowires and/or nanoparticles, para. [0015], lines 1-3).
Regarding claim 6, Shanjani discloses wherein the testing portion is aligned with the detector so that the light is transmitted through the target nanoparticles (bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16; further, biosensor may be used, including electrodes; for example, the biosensor may comprise an electrode made nanowires and/or nanoparticles, para. [0015], lines 1-3).
Regarding claim 7, Shanjani discloses wherein the patient's saliva is transported along at least a portion of a length of the cassette via capillary movement or hydrostatic pressure (any of the apparatuses described herein may include microfluidics, e.g., lab-on-a-chip, components; microfluidics may be used as part of the biosensor, for example, including channels for acquiring a biological fluid; e.g., saliva and/or GCF, para. [0094], lines 1-5; also, the microfluidics channels may be configured for active and / or passive metering , so that a fluid from within the patient’s oral cavity, e.g., saliva and/or GCF, may be drawn into the microfluidics channel and passed into a sample chamber, para. [0171], lines 5-9).
Regarding claim 9, Shanjani discloses wherein the target molecule is an amino acid (Cysteine-rich secretory protein 3 precursor, CRISP-3, para. [0014], lines 8-9).
Regarding claim 10, Shanjani discloses wherein the collection portion (sample port 703 in Figs. 7B-C) comprises: an opening (sample port 703 comprises an opening, shown in Figs. 7B-C); and a covering member positioned over the opening, wherein the covering member is removed from the opening when the cassette is coupled to the oral appliance (the top portion of 701 covers a portion of sample port 703, shown in Figs. 7B-C; further, a monitoring device may refer to the electronics system (subsystem) and may optionally include the one or more biosensors and/or sensors , and may include a housing or case , covering the electronics, para. [0117], lines 11-14).
Regarding claim 11, Shanjani discloses the oral appliance is a mouth piece (intra-oral appliance, e.g. aligner, palatal expander, etc., para. [0009], lines 1-4), wherein the detector is in wireless communication with the cassette (any of these methods may also include a communication module configured to transmit, e.g., wirelessly, para., [0047], lines 1-3) and wherein the cassette, when removed from the mouthpiece, is configured to be positioned on a testing surface of the detector (biosensor 700 is permanently or removably mounted to the outside and/or inside of the appliance by a mount, para. [0192], lines 2-4).
Regarding claim 12, Shanjani discloses wherein the microtubule (swellable hydrogel 705, Figs. 7B-C) further comprises: a testing portion for housing collected saliva in the cassette (testing portion comprises the swellable hydrogel 705 and sample port 703, shown in Figs. 7B-C and shown disposed in cassette—biosensor 700 in Figs. 7B-7C).
Regarding claim 13, Shanjani discloses wherein the testing portion is alignable with the testing surface of the detector so that the light is transmitted through the collected saliva (Figs. 7B-7C show the testing portion—hydrogel 705 and sample port 703 are alignable with the detector—control circuitry 709).
Regarding claim 14, Shanjani discloses wherein: the testing portion is spaced apart from the collection portion (testing portion comprises the swellable hydrogel 705 and sample port 703, shown in Figs. 7B-C and shown disposed in cassette—biosensor 700 in Figs. 7B-7C;), and the collected saliva is transported from the collection portion to the testing portion via capillary movement or hydrostatic pressure (the microfluidics channels may be configured for active and/or passive metering, so that a fluid from within the patient’s oral cavity, e.g., saliva and/or GCF, may be drawn into the microfluidics channel and passed into a sample chamber; the sample chamber may include, for example a colorometric indicator or other chemical agent that responds to one or more biomarkers in the fluid in a colorimetric manner; further, the sample is processed in a microfluidics channel for later read-out; e.g., when removing the device from the mouth, and placing it into a separate storage and/or readout chamber, para. [0171], lines 5-16).
Regarding claim 15, Shanjani discloses wherein the testing portion extends along at least a portion of a length of the microtubule (Figs. 7B-C shows the testing portion of biosensor 700 extends a length of microtubule 705).
Regarding claim 16, Shanjani discloses wherein the covering member comprises at least one of a dissolvable material or a removable material (configured as an aligner 704 including a biosensor 700, this biosensor may be permanently or removably mounted to the outside and / or inside of the appliance by a mount 715, para. [0192], lines 1-4, where the material is disposed in the biosensor 700, which can be removed).
Regarding claim 17, Shanjani discloses a light transmitter configured to transmit light through the microtubule (bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16).
Regarding claim 18, Shanjani discloses wherein: the microtubule further comprises a testing portion for housing collected saliva (testing portion comprises the swellable hydrogel 705 and sample port 703, shown in Figs. 7B-C and shown disposed in cassette—biosensor 700 in Figs. 7B-7C;), and the light transmitter is configured to transmit the light through the testing portion (bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16).
Regarding claim 19, Shanjani discloses wherein: the testing portion is spaced apart from the collection portion (testing portion comprises the swellable hydrogel 705 and sample port 703, shown in Figs. 7B-C and shown disposed in cassette—biosensor 700 in Figs. 7B-7C;), and the collected saliva is transported from the collection portion to the testing portion via capillary movement or hydrostatic pressure (the microfluidics channels may be configured for active and/or passive metering, so that a fluid from within the patient’s oral cavity, e.g., saliva and/or GCF, may be drawn into the microfluidics channel and passed into a sample chamber; the sample chamber may include, for example a colorometric indicator or other chemical agent that responds to one or more biomarkers in the fluid in a colorimetric manner; further, the sample is processed in a microfluidics channel for later read-out; e.g., when removing the device from the mouth, and placing it into a separate storage and/or readout chamber, para. [0171], lines 5-16).
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over US2018/0368961 A1-Shanjani et al (hereinafter “Shanjani”) as applied to claim 1 above, and further in view of US 8,889,424 B2-Ehrenkranz et al (“Ehrenkranz”).
Regarding claim 8, Shanjani teaches the invention discussed above in claim 1. Further, Shanjani teaches light passing through a biotransducer (para. [0072], lines 15-16). However, Shanjani does not explicitly teach a spectrophotometer.
Ehrenkranz teaches a device and method for performing a point of care diagnostic test for detecting and quantifying at least one analyte in a biological sample, e.g., a body fluid (col. 2, lines 36-38) and Ehrenkranz teaches a spectrophotometer of the device (col. 4, line 20, which reads on the instant claim limitation of a spectrophotometer.
It would have been obvious to one of ordinary skill, in the art at the time, to further include a spectrophotometer as taught by Ehrenkranz, because Ehrenkranz teaches the spectrophotometer can communicate with the systems either by a wired connection or wirelessly, such as a separate computing device (col. 16, lines 32-33).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over US2018/0368961 A1-Shanjani et al (hereinafter “Shanjani”) as applied to claim 1 above, and further in view of US 2020/0229739 A1-Reddy (hereinafter “Reddy”, has an effective filing date as of the provisional application).
Regarding claim 21, Shanjani teaches the invention discussed above in claim 1. Further, Shanjani teaches a cassette for testing a target molecule in saliva. However, Shanjani does not explicitly teach a plurality of cassettes each configured to test for a presence of a different target molecule in the patient's saliva.
Reddy teaches systems and methods for detecting substances using a wearable oral device are described. For example, a wearable device is described comprising a mouth guard, a sensor coupled to the mouth guard and being configured to detect chemical signals, and a transmitter coupled to the sensor and being configured to transmit the detected chemical signals to a receiver (abstract; and paragraphs [0004]). Reddy also teaches the mouthguard biosensor system can include an array of sensors for different analytes (para. [0012], lines 5-9), which reads on the instant claim limitation of a plurality of cassettes each configured to test for a presence of a different target molecule in the patient's saliva.
It would have been obvious to one of ordinary skill, in the art at the time, to further include a plurality of cassettes each configured to test for a presence of a different target molecule in the patient's saliva as taught by Reddy, because Reddy teaches the multiple sensors of the biosensor system allow for the monitoring of diverse health and fitness applications (para. [0012], lines 5-10). Additionally, Reddy teaches the wearable mouthguard saliva and breath sensors and/or bonded tooth sensors for saliva and/or breath testing provide a comprehensive detection and screening method for digestive cancers (para. [0018], lines 1-4).
Response to Arguments
Applicant's arguments filed 06/26/2026 have been fully considered but they are not persuasive. On the top of page 6 of applicant’s remarks, applicant discusses the status of the claims. On the middle and the bottom of page 6 of applicant’s remarks, applicant recites claim 1 of the instant application and summarizes the primary reference, Shanjani. Applicant’s summary of Shanjani continues on the top of page 7 of their remarks. Applicant asserts Shanjani does not disclose amended claim 1 of the instant application. In particular, applicant asserts “Indeed, Shanjani is silent regarding a sensor that can sense the presence of saliva in a cassette (e.g., to trigger detection of target molecules) like amended claim 1. In fact, Shanjani does not disclose sensing if saliva is in a sample holder (e.g., cassette) and because of the different detection methods does not teach or suggest a need to sense the presence of saliva before performing detection.
In response, the latter argument is not found persuasive because Shanjani discloses the sensor data may be related to one or more biomarkers in saliva (para. [0010]). Additionally, Shanjani discloses a dental apparatus including a sensor may be configured to detect sulfide (e.g., sulfur emissions) from the patient's saliva (para. [0093]. Moreover, Shanjani discloses any of the apparatuses described herein may include microfluidics (e.g., lab-on-a-chip) components. Microfluidics may be used as part of the biosensor, for example, including channels for acquiring a biological fluid (e.g., saliva and/or GCF), processing the fluid (e.g., combining with one or more reagents and/or detecting an interaction with a biomolecule, etc., para. [0094]). Shanjani also discloses the one or more biosensors can include any of the biosensor types described herein, including biosensors testing saliva (para. [0118]). Further, Figs. 7B and 7C show a biosensor device 700 comprising a housing which houses the sample port 703 which swells in response to a change in volume when exposed to one or more biomarkers. Further, Shanjani discloses biomarkers are in fluid in the oral cavity of the patient (para. [0036], where Shanjani discloses the fluid may be saliva (para. [0041]). Additionally, 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., a need to sense the presence of saliva before performing detection) 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).
Regarding the middle of page 7 of applicant’s remarks, applicant recites the detector limitation of claim 1 of the instant application. Moreover, applicant asserts “Shanjani also is silent regarding a detector that can transmit light through the saliva sample in a cassette, measure the amount of light transmitted through the saliva and the cassette and determine if a target molecule is present based on an amount of absorption or scattering of the transmitted light like amended claim 1. At most Shanjani describes a biosensor that can detect (with a photon counter) a photon emitting reaction of a target molecule with a bioreceiver molecule on the biosensor (see Pars. [0072] and [0073] and FIG. 4C), which is an entirely different mechanism of molecule sensing. Shanjani describes a reaction of target molecule and receiver that creates an optical signal rather than the presence of a target molecule causing a change in the scattering or transmission of a light transmitted from a light source, as described in amended claim 1.”
In response, the latter argument is not found persuasive because Shanjani discloses bioreceptor 411 may be bound to an optically transparent substrate through which light may be passed by the biotransducer, para. [0072], lines 14-16; Shanjani discloses the biotransducer passes light, that is, the light source is included in the biotransducer discussed above; also, the bioreceptor may be bound to an optically transparent substrate through which light may be passed by the biotransducer; a change in the optical properties of the bioreceptor may correlate with binding of the biomarker to the biotransducer, para. [0072], lines 15-18; that is, the biomarker is found in the saliva, at least one biosensor system comprising: a bioreceptor configured to cause a first interaction with one or more tooth motion biomarkers in fluid in the oral cavity, para. [0206], lines 28-31; that is, fluid in the patient’s oral cavity, where Shanjani discloses the fluid may be saliva (para. [0041]) and biomarkers are found in the saliva, as disclosed by Shanjani above. Also, Shanjani discloses illuminating light into the body and measuring the change in light absorption (para. [0086]).
On the top of page 8 of applicant’s remarks, applicant briefly discusses the U.S.C. 103 rejection of claim 8. Therefore, claim 8 stand rejected for the same reasons as those discussed above in this section. Additionally, newly added claim 21 is discussed above in the rejection above and will not be discussed in this section of the rejection since it is newly presented. Therefore, the claims of the instant application stand rejected.
Conclusion
THIS ACTION IS MADE FINAL. 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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/L.A.A./Examiner, Art Unit 1799
/MICHAEL L HOBBS/Primary Examiner, Art Unit 1799
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