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 .
This action is responsive to Applicant’s amendment/remarks filed 06/05/2026.
Claims 1, 2, and 5-9 are currently pending.
Response to Amendment
The 103 rejection of claims 1, 2, and 4-7 over Brown (US 3,418,353 A) is withdrawn in view of the above amendment. Applicant’s amendment incorporated the limitations of claim 3 into claim 1; claim 3 was not rejected over Brown. Brown fails to teach or suggest a silicone resin having a (third) repeating unit with SiH or Si-alkenyl group via the non-zero percentage of w, as amended.
The 103 rejections of claims 1, 2, 4, and 6-8 over Wright (US 3,885,984 A) and claims 1, 2, and 4-8 over Wright (US 3,885,984 A) further in view of Brown (US 3,418,353 A) are withdrawn in view of the above amendment. Applicant’s amendment incorporated the limitations of claim 3 into claim 1; claim 3 was not rejected over Wright or Wright further in view of Brown. Like Brown, Wright also fails to teach or suggest a silicone resin having a (third) repeating unit with SiH or Si-alkenyl group via the non-zero percentage of w, as amended.
The 103 rejection of claims 1-3 and 5-7 over Grape et al. (US 4,831,169 A) as previously set forth in the prior Office action mailed 03/09/2026 is maintained and has been revised below to reflect the changes in claim scope made by Applicant’s present claim amendments (e.g., the incorporation of claim 3 into claim 1 and the addition of new claim 9).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The claim interpretation set forth on pages 2 to 3 of the prior Office action mailed 03/09/2026 continues to apply herein.
Claims 1, 2, 5-7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Grape et al. (US 4,831,169 A).
As to claim 1, Grape et al. teach organopolysiloxanes of the general formula:
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where x is 0 to 500, y is 5 to 500, z is 5 to 500, R1 to R6 are independently a saturated or unsaturated alkyl radical with 1 to 4 carbon atoms, R7 is an alkyl radical having 6 to 18 carbon atoms, and at least 3% of the radicals in each case bonded to Si are R7 and H (col. 1 lines 4-27). The formulae contain both SiH groups and also relatively long alkyl groups in one molecule (col. 2 lines 49-52). R1 to R6 preferably represent a methyl group (col. 3 lines 11-12). R7 are straight chain alkyl radicals such as hexyl, octyl, nonyl, decyl, dodecyl and tetradecyl (col. 3 lines 13-14). However, the more broad teaching that the R7 is up to 18 carbon atoms (Id. in col. 1) certainly encompass longer straight chain alkyl radicals such as pentadecyl, hexadecyl, heptadecyl, and octadecyl. The compounds may contain different radicals of the R disclosing it is preferred the R are mixtures of dodecyl and tetradecyl radicals (col. 3 lines 18-21). Grape et al.’s examples also demonstrate obtaining organopolysiloxanes of two distinct straight chain alkyl R groups (dodecyl and tetradecyl) via providing a 109/69 parts by weight mixture of dodecene and tetradecene (Examples 1 & 2 in col. 4 & 5), which amounts to a relative molar ratio of about 35 mols dodecene/dodecyl to about 65 moles tetradecene/tetradecyl. This means that the organopolysiloxane may comprise two repeating units of differing R7 groups where each R7 is an linear alkyl radical having 6 to 18 carbon atoms.
While the disclosed formula and teachings are not anticipatory of the claimed silicone resin, the disclosed organopolysiloxane formula and additionally cited teachings of the reference nevertheless overlaps the silicone resin formula under a prima facie case of obviousness.
The R1 to R6 groups are preferably methyl groups (Id.), meaning the terminal groups are trimethylsilyl (-Si(CH3)3) groups and each repeating siloxane group contains at least a methyl group with the R7 group on the R7-bearing y repeating unit and a hydrogen atom on the H-bearing z repeating unit. Note the R4-bearing/x repeating unit is optional. R7-bearing y repeating units may be made by a mixture of two distinct alpha-olefins to have a mixture of linear alkyl groups where the shorter alkyl group is 65% of the units and the longer alkyl group is 35% of the units (Id.), effectively meaning there are -(-O-Si(CH3)(R7’)-)0.65x- and -(-O-Si(CH3)(R7’’)-)0.35x- groups. The mixtures/pairs of R7 groups may be, among others, dodecyl- and pentadecyl- groups, hexyl- and hexadecyl-, octyl- and octadecyl-, etc. encompassed by the above-cited teachings (Id.), which reads on an overlaps the claimed R2 long chain alkyl group II having 15 to 18 carbon atoms and R3 long chain alkyl group I having 6 to 14 carbon atoms. Alternatively regarding the mixtures/pairs of R7 groups, the exemplary and preferred dodecyl/tetradecyl (C12+C14 alkyl) mixture for the disclosed R7 group, just outside the claimed requirements that that claimed R2 is an alkyl with 6 to 14 carbon atoms and the claimed R3 is an alkyl with 15 to 18 carbon atoms, is closely structural similar and homologous to a dodecyl/pentadecyl (C12+C15 alkyl) mixture for the R7 group within the claimed requirements for R2 and R3 such that there is a presumed expectation that the preferred dodecyl/tetradecyl R7 blend and a dodecyl/pentadecyl R7 blend possess similar properties (or impart similar properties to the organopolysiloxane). Also x being 0 to 500, y being 5 to 500 (where the shorter chain is about 35% of the y and the longer chain is about 65% of the y), and z being 5 to 500 (Id.) meets, overlaps, and/or encompasses the claimed limitations that x is 5-80%, y is 15-80%, x+y is 80-100%, x/y is 0.1 to 10, and w is more than 0% and 20% or less. Note, the H-bearing z repeating unit where R3 is methyl reads on the claimed w siloxane repeating unit where R1 is a hydrogen atom.
For example, an organopolysiloxane where R1 to R6 are methyl, two R7s are dodecyl and pentadecyl in relative molar amounts of 65/35, x is zero, y is 40, and z is 5, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 12 carbon atoms, and R3 is a long chain alkyl group having 15 carbon atoms with the constraints w is about 11%, x is about 58%, y is about 31%, x+y is about 89%, and x/y is about 1.86. Similarly, an organopolysiloxane where R1 to R6 are methyl, two R7s are hexyl- and hexadecyl in relative molar amounts of 65/35, x is zero, y is 50, and z is 10, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 6 carbon atoms, and R3 is a long chain alkyl group having 16 carbon atoms with the constraints w is about 17%, x is about 54%, y is about 29%, x+y is about 83%, and x/y is about 1.86. Similarly, an organopolysiloxane where R1 to R6 are methyl, two R7s are octyl- and octadecyl in relative molar amounts of 65/35, x is zero, y is 80, and z is 5, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 8 carbon atoms, and R3 is a long chain alkyl group having 18 carbon atoms with the constraints w is about 6%, x is about 61%, y is about 33%, x+y is about 94%, and x/y is about 1.86.
Any remaining claim limitations (the presence of w units containing an alkenyl group and/or z units containing an ethyl group) are optional.
As to claim 2, the reference discloses the R7 are straight chain alkyl radicals with the specified chain lengths (Id.) meaning they are linear long-chain alkyl groups of the required carbon counts as claimed.
As to claim 5, while the above rationale to claim 1 sets forth cases where x is zero and therefore an R4-bearing siloxane group is not present, this x and R4-bearing siloxane group when present read on, overlap, and/or encompass the additional presence of the claimed R4/ethyl-bearing siloxane group with z repeating units. As disclosed above, while R1 to R6 are preferably methyl, they may also independently be an alkyl having 1 to 4 carbon atoms (Id.). x is also 0 to 500 (Id.). This means, in addition to the rationale to the other portions of the organopolysiloxane, Grape et al.’s R4-bearing siloxane group may comprise a methyl group as the R1, an ethyl group as the R4, and be present in 0 to 500 repeating units.
For example, an organopolysiloxane where R1, R2, R3, R5, and R6 are methyl, R4 is ethyl, two R7s are dodecyl and pentadecyl in relative molar amounts of 65/35, x is 5, y is 40, and z is 5, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 12 carbon atoms, R3 is a long chain alkyl group having 15 carbon atoms, and R4 is ethyl with the constraints w is 10%, x is 52%, y is 28%, z is 10%, x+y is 89%, and x/y is about 1.86. Similarly, an organopolysiloxane where R1, R2, R3, R5, and R6 are methyl, R4 is ethyl, two R7s are hexyl- and hexadecyl in relative molar amounts of 65/35, x is 8, y is 65, and z is 8, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 6 carbon atoms, R3 is a long chain alkyl group having 16 carbon atoms, and R4 is ethyl with the constraints w is about 10%, x is about 52%, y is about 28%, z is about 10%, x+y is about 8%, and x/y is about 1.86. Similarly, an organopolysiloxane where R1, R2, R3, R5, and R6 are methyl, R4 is ethyl, two R7s are octyl- and octadecyl in relative molar amounts of 65/35, x is 10, y is 80, and z is 5, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 8 carbon atoms, R3 is a long chain alkyl group having 18 carbon atoms, and R4 is ethyl with the constraints w is about 5%, x is about 55%, y is about 29%, z is about 11%, x+y is about 84%, and x/y is about 1.86. In other words, the reference meets, overlaps, and/or encompass the limitations that the percentage of z with respect to the sum of w, x, y, and z in formula (1) is more than 0% and 20% or less.
As to claim 6, the above rationale to claim 1 reads on the claimed limitation where z (i.e., presence of another siloxane repeating unit substituted by an ethyl group) is 0%.
As to claim 7, the above rationale to claim 1 reads on, overlaps, and/or encompasses the claimed limitation that the silicone resin has a weight-average molecular weight of 5,000 to 20,000. For example, an organopolysiloxane where R1 to R6 are methyl, two R7s are dodecyl and pentadecyl in relative molar amounts of 65/35, x is zero, y is 40, and z is 5, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 12 carbon atoms, and R3 is a long chain alkyl group having 15 carbon atoms with the constraints w is about 11%, x is about 58%, y is about 31%, x+y is about 89%, and x/y is about 1.86 and has a molecular weight of approximately 10,170 g/mol (calculated/approximated using integers as each atom’s molecular weight). Similarly, an organopolysiloxane where R1 to R6 are methyl, two R7s are hexyl- and hexadecyl in relative molar amounts of 65/35, x is zero, y is 50, and z is 10, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 6 carbon atoms, and R3 is a long chain alkyl group having 16 carbon atoms with the constraints w is about 17%, x is about 54%, y is about 29%, x+y is about 83%, and x/y is about 1.86 and has a molecular weight of approximately 10,412 g/mol (calculated/approximated using integers as each atom’s molecular weight). Similarly, an organopolysiloxane where R1 to R6 are methyl, two R7s are octyl- and octadecyl in relative molar amounts of 65/35, x is zero, y is 80, and z is 5, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 8 carbon atoms, and R3 is a long chain alkyl group having 18 carbon atoms with the constraints w is about 6%, x is about 61%, y is about 33%, x+y is about 94%, and x/y is about 1.86 and has a molecular weight of approximately 18,142 g/mol (calculated/approximated using integers as each atom’s molecular weight).
As to claim 9, while the above rationale to claim 1 cites potential aspects within the teachings of Grape where, in terms of the claimed invention, the sum of x and y with respect to the sum of w, x, y, and z in formula (1) is from 80-90%, the cited teachings of Grape (i.e., the cited x is 0 to 500, y is 5 to 500, z is 5 to 500, and all the identities of R groups that follow, Id.) also read on overlaps, and/or encompasses the more narrow claimed limitation that the sum of x and y with respect to the sum of w, x, y, and z in formula (1) is from 90% to less than 100%.
For example and as already cited in the rejection of claim 1, an organopolysiloxane where R1 to R6 are methyl, two R7s are octyl- and octadecyl in relative molar amounts of 65/35, x is zero, y is 80, and z is 5, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 8 carbon atoms, and R3 is a long chain alkyl group having 18 carbon atoms with the constraints w is about 6%, x is about 61%, y is about 33%, x+y is about 94%, and x/y is about 1.86. Similarly, an organopolysiloxane where R1 to R6 are methyl, two R7s are dodecyl and pentadecyl in relative molar amounts of 65/35, x is zero, y is 60, and z is 5, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 12 carbon atoms, and R3 is a long chain alkyl group having 15 carbon atoms with the constraints w is about 8%, x is about 60%, y is about 32%, x+y is about 92%, and x/y is about 1.86. Similarly, an organopolysiloxane where R1 to R6 are methyl, two R7s are hexyl- and hexadecyl in relative molar amounts of 65/35, x is zero, y is 100, and z is 10, within the teachings of the reference, amounts to a claimed compound where R1 is hydrogen, R2 is a long chain alkyl group having 6 carbon atoms, and R3 is a long chain alkyl group having 16 carbon atoms with the constraints w is about 9%, x is about 59%, y is about 32%, x+y is about 91%, and x/y is about 1.86.
Response to Arguments
Applicant's arguments filed 06/05/2026 to the 103 rejection over Grape et al. (US 4,831,169 A) have been fully considered but they are not persuasive.
Applicant argues Grape et al. fail to teach, suggest, or motivate the presently required percentage of the sum of x and y repeating units of from 80% to less than 100% and the superior results of improving thermal conductivity resulting therefrom. Applicant cites Grape et al.’s working examples exemplify compounds with percentages of long-chain alkyl groups significantly different and outside those claimed (Grape et al.’s Ex. 1 allegedly has a long-chain alkyl group percentage of 33% and Grape et al.’s Ex. 1 allegedly has a long-chain alkyl percentage of 50% or less, rather than an 80-100% as claimed). Applicant is also concerned Grape et al.’s examples clarify the reference requires a large amount of units having Si-H groups that exceed the units having long-chain alkyl groups.
In response, this argument is not persuasive because Grape et al.’s working examples, alleged to show a certain trend or requirement of Grape et al. regarding a relatively large amount of Si-H groups exceeding that instantly claimed and/or alleged as different from the claimed invention, do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. Grape et al. is not as limited as alleged due to the broad general formula disclosed at the beginning of the reference and their independent claim 1. Grape et al. teach organopolysiloxanes of the general formula:
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where, inter alia, x is 0 to 500, y is 5 to 500, z is 5 to 500 (col. 1 lines 4-27; see also claim 1). For the detailed reasons already of record, Grape et al.’s R7 may comprise two distinct long-chain alkyl groups, Grape et al.’s y repeating unit effectively reads on the instantly claimed x and y repeating units, Grape et al.’s z repeating unit effectively reads on the instantly claimed w repeating unit (Id.). There is no further restriction or requirement in the broader disclosure/embodiments of Grape et al. that their z exceeds their y as alleged by Applicant. As y (reading on the claimed x+y) is freely between 5 and 500 and z (reading on the claimed w) is freely between 5 and 500, the reference certainly permits (and motivates) significantly more units with long-chain alkyl side chains than units with Si-H groups encompassing that instantly claimed. See also the detailed calculated percentages of hypothetical/potential organopolysiloxanes encompassed by Grape et al.’s parameters in the rejection of record showing Grape et al.’s parameters indeed overlap the claimed x+y being 80% or less than 100% of the sum of x, y, w, and z as claimed.
While Applicant’s concern that the rejection of record cites Grape et al.’s working examples (that do not possess percentage/ratios of repeating units akin to those instantly claimed) is noted, these working examples were merely cited to demonstrate Grape et al. organopolysiloxanes may contain two distinct straight chain alkyl R groups analogous to the instantly claimed requirement there are two distinct long-chain alkyl groups (i.e., the R2 long-chain alkyl group I present in the x repeating unit and the R3 long-chain alkyl group II present in the y repeating unit) and support the related broad teaching of providing two alkyl groups cited at col. 3 lines 18-21 while also establishing a workable ratio of the two alkyl groups. Nowhere was it stated or alleged the working examples directly meet (i.e., anticipate) the claimed compound. See also the detailed rationale in the rejection of record.
Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989). The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned; they are part of the literature of the art, relevant for all they contain. In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)).
Applicant’s citation of col. 1 lines 56-59 of Grape et al. to allege a large amount of Si-H groups is necessary is a mischaracterization of the reference as this portion of the reference is clearly what Grape et al. considered a background discussion of prior art at the time of their own filing. Col. 1 lines 56 to col. 2 line 10 clearly cites a “Seidel” et al. NPL reference published in 1985 including the Si-H-only repeating silicone oil formula at about col. 1 line 65 and a broad Si-H/Si-Me silicone oil at about col. 2 line 5. Grape et al.’s background discussion and citation/characterization of prior art from 1985 at the time of their own filing in 1986 has little to no bearing on, neither towards nor against, the cited teachings of Grape et al.’s invention made in the rejection of record that have been shown to render obvious the claimed invention (Id.). Said differently, Grape et al.’s citation of Seidel et al. as a background discussion does not rise to any level of a teaching away from the claimed invention and/or modifications made within Grape et al.’s teachings in the rejection of record. Also, contrary to the allegations in Applicant’s arguments, modifying Grape et al. within the confines of their own parameters/teachings does constitute modifying the reference unsatisfactory for its intended purpose. As stated above, Grape et al.’s y (reading on the claimed x+y) being freely between 5 and 500 and z (reading on the claimed w) being freely between 5 and 500 permits significantly more units with long-chain alkyl side chains than units with Si-H groups encompassing that instantly claimed.
Regarding Applicant’s allegation of unexpected results (that the sum of x and y being 80% to less than 100% imparts superior results of improved thermal conductivity), the examples in the present application’s specification are no probative value in the determining patentability of claims since they do not involve a comparison of Applicant’s invention with the closest applied prior art (e.g., Grape). See In re De Blawe, 222 USPQ 191 (FED. Cir. 1984), and In re Fenn, 208 USPQ 470 (CCPA 1981). Even if, arguendo, the comparison was done between the applicant’s invention and the closest prior art, the claims are not deemed patentable over the reference of record since they are not commensurate in scope with the probative value of data in the examples. Inter alia, a vast amount of distinct pairs of long-chain alkyl groups (the identities or R2 and R3) with a broad ratio of repeating units thereof (x/y) are encompassed by the claimed formula, likely hundreds to thousands, but only a few exemplary compounds (Compounds 1 to 5) have been tested relative to specific comparative compounds. See In re Clemens, 206 USPQ 289 (CCPA 1980).
Accordingly, the 103 rejection over Grape et al. is maintained for the reasons of record.
Allowable Subject Matter
Claim 8 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 closest prior art of record fail to teach or suggest a composite material comprising the recited side chain type alkyl-modified silicone resin of formula (I) and an insulating thermally conductive filler.
Grape et al. (US 4,831,169 A) teach organopolysiloxanes of the general formula:
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where x is 0 to 500, y is 5 to 500, z is 5 to 500, R1 to R6 are independently a saturated or unsaturated alkyl radical with 1 to 4 carbon atoms, R7 is an alkyl radical having 6 to 18 carbon atoms, and at least 3% of the radicals in each case bonded to Si are R7 and H (col. 1 lines 4-27). The formulae contain both SiH groups and also relatively long alkyl groups in one molecule (col. 2 lines 49-52). R1 to R6 preferably represent a methyl group (col. 3 lines 11-12). R7 are straight chain alkyl radicals such as hexyl, octyl, nonyl, decyl, dodecyl and tetradecyl, and/or may be up to 18 carbon atoms, and may a mixture of alkyls as the R (col. 3 lines 13-21). While Grape et al.’s silicone oil overlaps and encompasses the claimed side chain type-alkyl modified silicone resin of general formula (I), Grape et al.’s applications for their silicone oil is pigment modification and mineral masonry impregnation/fixing (col. 4 lines 13-24), and Grape et al. fails to teach or suggest a composite material comprising the silicone/organo-polysiloxane further with a thermally conductive filler, as claimed.
Brown (US 3,418,353 A) teaches alkylpolysiloxane fluids represented by the formula:
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where R is methyl or phenyl (but preferably methyl), R’’ is an alkyl radical containing at least 12 carbon atoms, e.g., 12 to 16 carbon atoms, R’’’ is different from R’’ and is a monovalent hydrocarbon radical free of aliphatic unsaturation and contains at least two carbon atoms such as ethyl, propyl, butyl, octyl, decyl, etc. radicals, b+c is 4 to 40, c is 2 to 20, and b is at least equal to c (i.e., b≥c). See col. 2 especially lines 40-71 and the prior more broad R definition on lines 22-23. However, Brown fails to teach or suggest a silicone resin having a (third) repeating unit with SiH or Si-alkenyl group via the non-zero percentage of w as claimed.
Wright (US 3,885,984 A) teaches a methyl alkyl polysiloxane having the formula:
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where R is methyl and R1 is a monovalent hydrocarbon radical having from 4 to 16 carbon atoms free of aliphatic unsaturated, and a has a value of 4 to 40 (col. 2 lines 35-48). They are made from reacting a trimethyl silyl chain-stopped methyl hydrogen polysiloxane with an alpha olefin (encompassing linear compounds) and may be made from mixtures of such olefins (col. 2 line 65 to col. 3 line 33). This means that the methyl alkyl polysiloxane may comprise two repeating units of differing R1 groups where each R1 is an linear alkyl radical having 4 to 16 carbon atoms. Wright further teaches thermally conductive compositions comprising the methyl alkyl polysiloxanes of the reference (Id.) further with a thermally conductive thickener such as zinc oxide (col. 2 lines 32-59). However, Wright fails to teach or suggest a silicone resin having a (third) repeating unit with SiH or Si-alkenyl group via the non-zero percentage of w as claimed.
Takemura et al. (US 2008/0139725 A1) teach a heat radiating silicone composition comprising a (A) perfluoroalkyl group-containing silicone oil of the following formula and (C) a heat radiating filler:
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(abstract). Takemura et al.’s silicone oil requires a perfluoroalkyl group (Rf) which is outside the scope of the instantly claimed side chain type alkyl-modified silicone resin of general formula (I).
The remaining references listed on Forms 892 and 1449 have been reviewed by the examiner and are considered to be cumulative to or less material than the prior art references relied upon or described above.
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.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R DIAZ whose telephone number is 571-270-0324. The examiner can normally be reached Monday-Friday 9:00a-5:00p EST.
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/MATTHEW R DIAZ/Primary Examiner, Art Unit 1761
/M.R.D./
June 26, 2026
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