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 .
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.
Claims 1-6 and 8-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3 and 4 of copending Application No. 18273860 hereinafter “’860 App” in view of Jang et al. (US 2022/0190300) hereinafter “Jang”. Although the claims at issue are not identical, they are not patentably distinct from each other because...
Current Application
1. A display device comprising: a light-emitting element; and a light-receiving element, the light-emitting element comprising: a first pixel electrode; a first functional layer: a light-emitting layer: a common layer: and a common electrode, and the light-receiving element comprising: a second pixel electrode; a second functional layer: a light-receiving layer: the common layer: and the common electrode, wherein the first functional layer comprises one of a hole-injection layer and an electron-injection layer, wherein the second functional layer comprises one of a hole-transport layer and an electron-transport layer, and wherein in the light-emitting element, the common layer is configured to serve as the other of the hole-injection layer and the electron-injection layer, and wherein the display device comprises an insulating layer between the first pixel electrode and the second pixel electrode, and end portions of the first functional layer and the second functional layer are over the insulating layer.
‘860 App
1. A display device comprising: a light-emitting element; and a light receiving element, wherein the light-emitting element comprises: a first pixel electrode; a first light-emitting layer over the first pixel electrode; an intermediate layer over the first light emitting layer; a second light-emitting layer over the intermediate layer; a common layer over the second light emitting layer; and a common electrode over the common layer, wherein the light receiving element comprises: a second pixel electrode; a light receiving layer over the second pixel electrode; the common layer over the light receiving layer; and the common electrode over the common layer, wherein the light emitting element, the common layer is configured to serve as one of a hole injection layer and an electron injection layer, and wherein in the light receiving element, the common layer is configured to serve as one of a hole transport layer and an electron transport layer.
Claim 1 of ‘860 App does explicitly teach where the light emitting element comprises a first functional layer nor where the light receiving element comprises a second functional layer, where the first functional layer comprises one of a hole-injection layer and an electron-injection layer, wherein the second functional layer comprises one of a hole-transport layer and an electron-transport layer nor the display device comprises an insulating layer between the first pixel electrode and the second pixel electrode, and end portions of the first functional layer and the second functional layer are over the insulating layer.
Fig. 5 of Jang teaches where a light emitting element (Item ED-R) comprises a first functional layer (Item HTR), where the light receiving element (Item OPD) comprises a second functional layer (Item HTR), where the first functional layer (Item HTR) comprises a hole-injection layer (Paragraph 0095), wherein the second functional layer (Item HTR) comprises a hole-transport layer (Paragraph 0095), where the display panel comprises an insulating layer (Item PDL) between the first pixel electrode (Item AE-G) and the second pixel electrode (Item AE), and end portions of the first functional layer (Item HTR) and the second functional layer (Item HTR) are over (See Examiner’s Note below) the insulating layer (Item PDL).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the light emitting element comprise a first functional layer, where the light receiving element comprises a second functional layer, where the first functional layer comprises a hole-injection layer, wherein the second functional layer comprises a hole-transport layer and where the display device comprises an insulating layer between the first pixel electrode and the second pixel electrode, and end portions of the first functional layer and the second functional layer are over the insulating layer because the hole injection layer in a light emitting element renders easier the path of holes from anode to a light emitting layer and the hole transport layer in a light receiving element promotes transport of holes while blocking transport of electrons (Jang Paragraph 0095).
Regarding claim 2, the combination of claim of the ‘860 App and Jang teaches all of the elements of the claimed invention as stated above.
Claim 1 of the ‘860 App does not explicitly teach where the first functional layer and the second functional layer are separated from each other.
Fig. 5 of Jang further teaches where the first functional layer (Item HTR in ED-R; Paragraph 0095) and the second functional layer (Item HTR in OPD; Paragraph 0095) are separated from each other.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first functional layer and the second functional layer be separated from each other such that the first and second functional layer can serve different purposes in each respective element (Jang Paragraph 0095).
Claim 3 is anticipated by claim 3 of the ‘860 App.
Claim 4 is anticipated by claim 4 of the ‘860 App.
Current Application
5. A method for manufacturing a display device, comprising: a first step of forming a first pixel electrode, a second pixel electrode, and a connection electrode; a second step of depositing a light-emitting film over the first pixel electrode and the second pixel electrode; a third step of forming a first sacrificial film over the light-emitting film and the connection electrode; a fourth step of exposing the second pixel electrode by etching the first sacrificial film and the light-emitting film, and forming a light-emitting layer over the first pixel electrode and a first sacrificial layer over the light-emitting layer and the connection electrode; a fifth step of depositing a light-receiving film over the light-emitting layer and the second pixel electrode; a sixth step of forming a second sacrificial film over the light-receiving film and the connection electrode; a seventh step of, by etching the second sacrificial film and the light-receiving film, forming a light-receiving layer over the second pixel electrode, and forming a second sacrificial layer over the light-receiving layer and the connection electrode; an eighth step of removing the first sacrificial layer and the second sacrificial layer; a ninth step of forming a common layer over the light-emitting layer and the light-receiving layer; and a tenth step of forming a common electrode so that the common electrode comprises a region in contact with the common layer and the connection electrode.
‘860 App
5. A method for manufacturing a display device comprising: a first step of forming a first pixel electrode, a second pixel electrode, and a connection electrode; a second step of sequentially depositing a first light-emitting film, an intermediate film, and a second light-emitting film over the first pixel electrode and the second pixel electrode; a third step of forming a first sacrificial film over the second light-emitting film and the connection electrode; a fourth step of exposing the second pixel electrode by etching the first sacrificial film, the second light-emitting film, the intermediate film, and the first light-emitting film and forming a first light-emitting layer over the first pixel electrode, an intermediate layer over the first light-emitting layer, a second light-emitting layer over the intermediate layer, and a first sacrificial layer over the second light-emitting layer and the connection electrode; a fifth step of depositing a light-receiving film over the first sacrificial layer and the second pixel electrode; a sixth step of forming a second sacrificial film over the light-receiving film; a seventh step of forming a light-receiving layer over the second pixel electrode and a second sacrificial layer over the light-receiving layer by etching the second sacrificial film and the light-receiving film; an eighth step of removing the first sacrificial layer and the second sacrificial layer; and a ninth step of forming a common electrode over the second light-emitting layer and the light-receiving layer so that the common electrode includes a region in contact with the connection electrode.
Claim 5 of the ‘860 App does not teach a ninth step of forming a common layer over the light emitting layer and the light receiving layer.
Fig. 5 of Jang teaches forming a common layer (Item ETR) over the light emitting layer (Item EML) and the light receiving layer (Item OPL).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a ninth step of forming a common layer over the light emitting layer and the light receiving layer because the common layer may serve as an electron injection layer (Jang Paragraph 0097).
Regarding claim 6, the combination of Claim 5 of ‘860 App and Jang teaches all of the elements of the claimed invention as stated above.
Claim 5 of the ‘860 App does not teach where the common layer is configured to serve as one of a hole injection layer and an electron injection layer in a light emitting element comprising the first pixel electrode, the light emitting layer the common layer and the common electrode.
Fig. 5 of Jang teaches where a common layer (Item ETR) is an electron injection layer (Paragraph 0097).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the common layer configured to serve as an electron injection layer in a light emitting element comprising the first pixel electrode, the light emitting layer the common layer and the common electrode because the common layer may serve as an electron injection layer (Jang Paragraph 0097).
Claim 8 is anticipated by claim 6 of the ‘860 App.
Claim 9 is anticipated by claim 7 of the ‘860 App.
Claim 10 is anticipated by claim 8 of the ‘860 App.
Claim 11 is anticipated by claim 9 of the ‘860 App.
Regarding claim 12, the combination of Claim 1 of ‘860 App and Jang teaches all of the elements of the claimed invention as stated above.
Claim 1 of the ‘860 App does not teach where a gap is provided between the common layer and the insulating layer.
Fig. 5 of Jang teaches where a gap is provided between (See Examiner’s Note below) the common layer (Item ETR) and the insulating layer (Item PDL).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a gap provided between the common layer and the insulating layer because this allows for an electron transport region being between the common layer and the pixel defining layer (Jang Paragraph 0098).
Examiner’s Note: The Examiner notes that the claim merely requires a gap between the common layer and the insulating layer and does not require a gap provided between the entirety of the common layer and the entirety of the insulating layer.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2 and 12 are rejected under 35 U.S.C. 102(b) as being anticipated by Jang et al. (US 2022/0190300) hereinafter “Jang”.
Regarding claim 1, Fig. 5 of Jang teaches a display device comprising: a light-emitting element (Item ED-G); and a light-receiving element (Item OPD), the light-emitting element comprising: a first pixel electrode (Item AE-G); a first functional layer (Item HTR): a light-emitting layer (Item EML-G); a common layer (Item ETR); and a common electrode (Item CE), and the light-receiving element (Item OPD) comprising: a second pixel electrode (Item AE); a second functional layer (Item HTR); a light-receiving layer (Item OPL); the common layer (Item ETR) and the common electrode (Item CE), wherein the first functional layer comprises a hole-injection layer (Paragraph 0095), wherein the second functional layer comprises a hole-transport layer (Paragraph 0095), and wherein in the light-emitting element (Item ED-G), the common layer (Item ETR) is configured to serve as the electron-injection layer (Paragraph 0097), and where the display panel comprises an insulating layer (Item PDL) between the first pixel electrode (Item AE-G) and the second pixel electrode (Item AE), and end portions of the first functional layer (Item HTR) and the second functional layer (Item HTR) are over (See Examiner’s Note below) the insulating layer (Item PDL).
Examiner’s Note: The Examiner notes that the claim does not require that the first functional layer and the second functional layer are over a topmost surface of the insulating layer, but instead merely requires that the first functional layer and the second functional layer are over the insulating layer. In Jang, the sides of the first and second functional layers are angled. Therefore, a portion of the end of the first and second functional layers will be over a corner portion of the insulating layer.
Regarding claim 2, Fig. 5 of Jang further teaches where the first functional layer (Item HTR in Item ED-G) and the second functional layer (Item HTR in Item OPD) are separated from each other.
Regarding claim 12, Fig. 5 of Jang further teaches where a gap (See Picture 2 below; See also Examiner’s note below) is provided between the common layer (Item ETR) and the insulating layer (Item PDL).
Examiner’s Note: The Examiner notes that the claim merely requires a gap between the common layer and the insulating layer and does not require a gap provided between the entirety of the common layer and the entirety of the insulating layer.
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Picture 2 (Labeled version of Fig. 5 of Jang)
Claims 1 and 3 are rejected under 35 U.S.C. 102(b) as being anticipated by Jo et al. (US 2022/0165834) hereinafter “Jo”.
Regarding claim 1, Fig. 6 of Jo teaches a display device comprising: a light-emitting element (Item ED); and a light-receiving element (Item PD), the light-emitting element comprising: a first pixel electrode (Item PE); a first functional layer (Portion of Item NSL in Item ED; See Picture 1 below): a light-emitting layer (Item EL); a common layer (Item PSL); and a common electrode (Item CE), and the light-receiving element (Item PD) comprising: a second pixel electrode (Item FPE); a second functional layer (Item Portion of NSL in Item PD; See Picture 1 below); a light-receiving layer (Item PL); the common layer (Item PSL) and the common electrode (Item CE), wherein the first functional layer comprises a electron-injection layer (Paragraph 0104), wherein the second functional layer comprises a electron-transport layer (Paragraph 0104), and wherein in the light-emitting element (Item ED), the common layer (Item PSL) is configured to serve as the hole-injection layer (Paragraph 0106), and where the display panel comprises an insulating layer (Item PDL) between the first pixel electrode (Item PE) and the second pixel electrode (Item FPE), and end portions of the first functional layer and the second functional layer are over (See Examiner’s Note below) the insulating layer (Item PDL).
Examiner’s Note: The Examiner notes that the claim does not require that the first functional layer and the second functional layer are over a topmost surface of the insulating layer, but instead merely requires that the first functional layer and the second functional layer are over the insulating layer. In Jo, the sides of the PDL are angled. Therefore, a portion of the end of the first and second functional layers will be over a portion of the insulating layer.
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Picture 1 (Labeled version of Jo Fig. 6)
Regarding claim 3, Fig. 6 of Jo further teaches further comprising: a first transistor (Item ST); and a second transistor (Item FT), wherein one of a source and a drain (Items SE and DE) of the first transistor (Item ST) is electrically connected to the first pixel electrode (Item PE), wherein one of a source and a drain (Items SE and DE) of the second transistor (Item FT) is electrically connected to the second pixel electrode (Item FPE), and wherein the first transistor (Item ST) and the second transistor (Item FT) contain silicon in a channel formation region (Paragraph 0159).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. (US 2022/0165834) hereinafter “Jo” in view of Jang et al. (US 2022/0190300) hereinafter “Jang”.
Regarding claim 2, Jo teaches all of the elements of the claimed invention as stated above except where the first functional layer and the second functional layer are separated from each other.
Fig. 5 of Jang teaches where a first functional layer (Item HTR in ED-R; Paragraph 0095) and a second functional layer (Item HTR in OPD; Paragraph 0095) are separated from each other.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first functional layer and the second functional layer be separated from each other such that the first and second functional layer can serve different purposes in each respective element (Jang Paragraph 0095).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 2022/0190300) hereinafter “Jang” in view of Jo et al. (US 2022/0165834) hereinafter “Jo”.
Regarding claim 3, Jang teaches all of the elements of the claimed invention as stated above except a first transistor; and a second transistor, wherein one of a source and a drain of the first transistor is electrically connected to the first pixel electrode, wherein one of a source and a drain of the second transistor is electrically connected to the second pixel electrode, and wherein the first transistor and the second transistor contain silicon in a channel formation region.
Fig. 6 of Jo further teaches further comprising: a first transistor (Item ST); and a second transistor (Item FT), wherein one of a source and a drain (Items SE and DE) of the first transistor (Item ST) is electrically connected to the first pixel electrode (Item PE), wherein one of a source and a drain (Items SE and DE) of the second transistor (Item FT) is electrically connected to the second pixel electrode (Item FPE), and wherein the first transistor (Item ST) and the second transistor (Item FT) contain silicon in a channel formation region (Paragraph 0159).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a first transistor; and a second transistor, wherein one of a source and a drain of the first transistor is electrically connected to the first pixel electrode, wherein one of a source and a drain of the second transistor is electrically connected to the second pixel electrode, and wherein the first transistor and the second transistor contain silicon in a channel formation region because the first and second transistors having silicon in a channel formation region control a driving current to the light emitting element and light receiving element, respectively (Jo Paragraph 0016).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. (US 2022/0165834) hereinafter “Jo” in view of Han et al. (US 2022/0359635) hereinafter “Han”.
Regarding claim 4, Jo teaches all of the elements of the claimed invention as stated above.
Jo further teaches a first transistor (Item ST); and a second transistor (Item FT), wherein one of a source and a drain (Items SE and DE) of the first transistor is electrically connected to the first pixel electrode (Item PE), wherein one of a source and a drain (Items SE and DE) of the second transistor is electrically connected to the second pixel electrode (Item FPE).
Jo does not teach where the first transistor and the second transistor contain a metal oxide in a channel formation region.
Fig. 3 of Han teaches where a first transistor and a second transistor contains a metal oxide in a channel formation region (Paragraph 0089).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the first transistor and the second transistor contain a metal oxide in a channel formation region because a metal oxide is known to act as an active film of a transistor (Han Paragraph 0089) and since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960), and MPEP 2144.07 Art Recognized Suitability for an Intended Purpose.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (US 2022/0190300) hereinafter “Jang” in view of Han et al. (US 2022/0359635) hereinafter “Han”.
Regarding claim 4, Jang teaches all of the elements of the claimed invention as stated above except a first transistor; and a second transistor, wherein one of a source and a drain of the first transistor is electrically connected to the first pixel electrode, wherein one of a source and a drain of the second transistor is electrically connected to the second pixel electrode, and wherein the first transistor and the second transistor contain a metal oxide in a channel formation region.
Fig. 3 of Han teaches a first transistor; and a second transistor, wherein one of a source and a drain of the first transistor is electrically connected to the first pixel electrode (Combination of Items 261 and 262), wherein one of a source and a drain of the second transistor is electrically connected to the second pixel electrode (Item 241), and wherein the first transistor and the second transistor contain a metal oxide in a channel formation region (Paragraph 0089).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have a first transistor; and a second transistor, wherein one of a source and a drain of the first transistor is electrically connected to the first pixel electrode, wherein one of a source and a drain of the second transistor is electrically connected to the second pixel electrode, the first transistor and the second transistor contain a metal oxide in a channel formation region because the first and second transistors control a current flow to the light emitting element and the light receiving element (Han Paragraph 0045) and a metal oxide is known to act as an active film of a transistor (Han Paragraph 0089) and since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945), In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960), and MPEP 2144.07 Art Recognized Suitability for an Intended Purpose.
Response to Arguments
Applicant's arguments filed 12/26/2025 with regard to the Jang reference have been fully considered but they are not persuasive.
Specifically, the Applicant argues that Jang does not teach where end portions of the first functional layer (Item HTR) and the second functional layer (Item HTR) are over the insulating layer (Item PDL). The Examiner disagrees. As the sides of the first and second functional layers are angled ends of the first and second functional layers are over portions of the insulating layer (pixel defining layer). The Examiner notes that the claim language does not require that the functional layers are over the topmost surface of the insulating layer. As such, the Examiner does not find the Applicant’s arguments persuasive and maintains the reliance on Fig. 5 of Jang to reject claim 1.
Applicant's arguments filed 12/26/2025 with regard to the Jo reference have been fully considered but they are not persuasive.
Specifically, the Applicant argues that Jo does not teach where end portions of the first functional layer and the second functional layer are over the insulating layer. The Examiner disagrees. As the sides of the insulating layer are angled ends of the first and second functional layers are over portions of the insulating layer (pixel defining layer). The Examiner notes that the claim language does not require that the functional layers are over the topmost surface of the insulating layer. Further, as the Examiner had identified the respective portions of Item NSL to be the respective first and second functional layers (the claim has no requirement that the first and second functional layers are separated from each other), the respective first and second functional layers identified by the Examiner have ends such that there are ends to be over the insulating layer. For clarification the Examiner has included a labeled version of Jo to more specifically identify the first and second functional layers. As such, the Examiner does not find the Applicant’s arguments persuasive and maintains the reliance on Jo to reject claim 1.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 7, while the formation of first and second functional layers are obvious in light of the prior art, the specific steps of forming the first and second functional layers in the order required by claim 7 are not obvious.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC K ASHBAHIAN whose telephone number is (571)270-5187. The examiner can normally be reached 8-5:30 PM.
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/ERIC K ASHBAHIAN/Primary Examiner, Art Unit 2891