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 .
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.
Claim(s) 1-2, 4-7 and 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pritchard (GB 2480582 A), Morris (US 5,597,097), O’Neal (US 9,874,425), and further in view of Burwell (US 5,617,582).
Regarding claim 1, Pritchard discloses a container to be worn by a user, said container comprising:
a hard plastic hollow body (10, said body being made of water-grade high-density polyethylene (HDPE)) having a front portion, back portion, top portion (14) and bottom portion (13) integrally formed from high-density polyethylene (refer to the first para. of the Detailed Description, wherein rigid bladder 10 is made of water-grade high-density polyethylene (HDPE)), the front portion being connected to the back portion by first (11) and second (12) side walls, said body having a port (refer to opening 85 as in fig. 8) to facilitate drainage through the port, to a hose (32), of the container while being worn,
wherein the front and back portions, and the first and second side walls are curved in a same direction between the top and bottom portions (refer to Figs. 4-7) providing the container body with a concave contour to facilitate contour matching of a user’s torso (refer to page 6, par. 6, wherein an outer face of the body between the two sidewalls is concave so as to better accommodate a back wall of a personal load carriage system (e.g., back-pack) as it flexes around the back of a person carrying the back-pack; both opposing faces of the body may be curved in the same manner).
While Pritchard discloses the port facilitating drainage through said port at a point of the container while being worn, Pritchard fails to explicitly disclose wherein the port is formed at a point where a bottom wall of the bottom portion connects to the first side wall, the bottom wall extending from a connection to the second side wall and sloping towards the point where the bottom wall connects to the first side wall to facilitate drainage through the port, to the hose, at a lowest point of the container.
However, Morris teaches a fluid dispensing container (refer to figs. 1-3), comprising a hollow body (5) having a port (32) formed at a point where a bottom wall (30) of a bottom portion connects to a first side wall (62), and wherein the bottom wall (30) extends from a connection to a second side wall (26) and sloping towards the point where the bottom wall (30) connects to the first side wall (62), in order to assist in the complete and full drainage of the fluid being held within the body as the fluid is passed out of the port, to a hose (hose 36, refer to col. 4, lines 64-67).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Pritchard such that the port is formed at a point where a bottom wall of the bottom portion connects to the first side wall, the bottom wall extending from a connection to the second side wall and sloping towards the point where the bottom wall connects to the first side wall to facilitate drainage through the port, to the hose, at a lowest point of the container in view of the teachings by Morris, in order to assist in complete and full drainage of the fluid held within the body.
While Pritchard as modified discloses the first side wall and the second side wall, Pritchard as modified fails to explicitly disclose the first side wall comprising a first upper side wall and a first lower side wall and the second side wall comprising a second upper side wall and a second lower side wall, the first and second upper side walls converge towards each other in an upwards direction of the container, the first and second lower side walls are joined to the first and second opposite upper side walls, respectively, and extend parallel to each other.
However, O’Neil further teaches an asymmetric body armor (refer to Fig. 1), comprising a first side wall including a first upper side wall (15) and a first lower side wall (13) and a second side wall including a second upper side wall (16) and a second lower side wall (14), the first and second upper side walls converge towards each other in an upwards direction (refer to Fig. 1), the first and second lower side walls are joined to the first and second opposite upper side walls, respectively, and extend parallel to each other (refer to Fig. 1), in order to provide enhanced mobility to a soldier to hoist, shoulder, aim, and fire a weapon (refer to col. 2, lines 52-53).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Pritchard such that the first side wall comprises a first upper side wall and a first lower side wall and the second side wall comprises a second upper side wall and a second lower side wall, the first and second upper side walls converge towards each other in an upwards direction of the container, the first and second lower side walls are joined to the first and second opposite upper side walls, respectively, and extend parallel to each other in view of the teachings by O’Neil, in order to provide enhanced mobility to a soldier.
While Pritchard as modified discloses wherein the body is configured to be slid into a user’s day-pack (101), Pritchard as modified fails to explicitly disclose wherein the body is configured to be slid into a user’s apparel without using straps.
However, Burwell further teaches a load bearing vest (refer to figs. 3 and 19), wherein a body (refer to water bladder 190 including hose 194) configured to be slid into a user’s apparel without using straps (refer to col. 8, lines 4-8, wherein the vest includes a pouch 186 disposed over the rear panel of the vest, the pouch being sized to accommodate the body 190 for retaining drinking fluid, the bladder disposed in the pouch, and the drinking hose extending from the bladder), in order to provide a load bearing vest for use by military and police personnel that provides a conveniently located drinking feature (refer to col. 1, lines 20-23).
One having ordinary skill in the art of refrigeration would recognize that by providing the body to be slid into a user’s apparel without using straps, it will facilitate the removal and insertion of the body into the user’s apparel.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Pritchard such that the body is configured to be slid into a user’s apparel without using straps in view of the teachings by Burwell, in order to facilitate the removal and insertion of the body into the user’s apparel.
Regarding claim 2, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Pritchard as modified discloses wherein the port (refer to opening 85 as in fig. 8) is formed from high-density polyethylene (refer to the first para. of the Detailed Description, wherein rigid bladder 10 is made of water-grade high-density polyethylene (HDPE), in the instant case the port 85 is formed as a recessed portion of an outer edge of the body, therefore being formed from the same material).
Regarding claim 4, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 1. Further, Pritchard as modified discloses wherein the body (10) has a shape that substantially matches a profile silhouette (refer to page 6, par. 6, wherein an outer face of the body between the two sidewalls is concave so as to better accommodate a back wall of a personal load carriage system,
as it flexes around the back of a person; both opposing faces of the body may be curved in the same manner) of the user’s apparel comprising a military body armor (refer to the ballistics armor vest prepared to don the load bearing vest as in fig. 7 as taught by Burwell).
Regarding claim 5, Pritchard as modified meets the claim limitations as
disclosed above in the rejection of claim 1. Further, Pritchard as modified discloses said
body being adapted to contain a substance (water) for providing thermal regulation to
the user’s body when the container is adjacent the user’s body and for providing
hydration when consumed by the user through the port. Note: the recitations “for
providing thermal regulation to the user’s body when the container is adjacent the user’s
body” and “for providing hydration when consumed by the user through the port” have
been considered recitations of intended use. It has been held that the recitation with
respect to the matter in which a claimed apparatus is intended to be employed does not
differentiate the claimed apparatus from a prior art apparatus satisfying the claimed
structural limitations.
Regarding claim 6, Pritchard as modified meets the claim limitations as
disclosed above in the rejection of claim 5. Further, Pritchard as modified discloses
wherein the hose (32) is connected to the port (refer to fig. 4) for allowing the user to
dispense the substance via the hose.
Regarding claim 7, Pritchard discloses a container to be worn by a user (refer to Fig. 10), said container comprising:
a hard plastic hollow body (10, said body being made of water-grade high-density polyethylene (HDPE)) having a front portion, back portion, top portion (14) and bottom portion (13) integrally formed from high-density polyethylene (refer to the first para. of the Detailed Description, wherein rigid bladder 10 is made of water-grade high-density polyethylene (HDPE)), the front portion being connected to the back portion by first (11) and second (12) side walls, said body having a surface with an outer edge and a port (refer to opening 85) formed through the bottom portion within a recessed portion of the outer edge (refer to fig. 8 below) connected to a hose (32).
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While Pritchard discloses the port being formed within the recessed portion of the outer edge, Pritchard fails to explicitly disclose wherein the port is formed at a point where a bottom wall of the bottom portion connects to the first side wall, and the bottom wall extending from a connection to the second side wall and sloping towards the point where the bottom wall connects to the first side wall and the port being formed within the recessed portion of the outer edge where the bottom wall connects to the first side wall such that an outer portion of the port is below an outer portion of the outer edge.
However, Morris teaches a fluid dispensing container (refer to figs. 1-3), comprising a hollow body (5) having a port (32) formed at a point where a bottom wall (30) of a bottom portion connects to a first side wall (62), and the bottom wall (30) extending from a connection to a second side wall (26) and sloping towards the point where the bottom wall (30) connects to the first side wall (62), such that an outer portion of the port (32) is below an outer portion of an outer edge of a surface of the body (refer to fig. 2 below), in order to assist in complete and full drainage of the fluid held within the body as the fluid is passed out of the port, to a hose (hose 36, refer to col. 4, lines 64-67).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Pritchard such that the port is formed at a point where a bottom wall of the bottom portion connects to the first side wall, and the bottom wall extending from a connection to the second side wall and sloping towards the point where the bottom wall connects to the first side wall as taught by Morris, and the port being formed within the recessed portion of the outer edge where the bottom wall connects to the first side wall such that an outer portion of the port is below an outer portion of the outer edge, in order to assist in complete and full drainage of the fluid held within the body.
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While Pritchard as modified discloses the first side wall and the second side wall, Pritchard as modified fails to explicitly disclose the first side wall comprising a first upper side wall and a first lower side wall and the second side wall comprising a second upper side wall and a second lower side wall, the first and second upper side walls converge towards each other in an upwards direction of the container, the first and second lower side walls are joined to the first and second opposite upper side walls, respectively, and extend parallel to each other.
However, O’Neil further teaches an asymmetric body armor (refer to Fig. 1), comprising a first side wall including a first upper side wall (15) and a first lower side wall (13) and a second side wall including a second upper side wall (16) and a second lower side wall (14), the first and second upper side walls converge towards each other in an upwards direction (refer to Fig. 1), the first and second lower side walls are joined to the first and second opposite upper side walls, respectively, and extend parallel to each other (refer to Fig. 1), in order to provide enhanced mobility to a soldier to hoist, shoulder, aim, and fire a weapon (refer to col. 2, lines 52-53).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Pritchard such that the first side wall comprises a first upper side wall and a first lower side wall and the second side wall comprises a second upper side wall and a second lower side wall, the first and second upper side walls converge towards each other in an upwards direction of the container, the first and second lower side walls are joined to the first and second opposite upper side walls, respectively, and extend parallel to each other in view of the teachings by O’Neil, in order to provide enhanced mobility to a soldier.
While Pritchard as modified discloses wherein the body is configured to be slid into a user’s day-pack (101), Pritchard as modified fails to explicitly disclose wherein the body is configured to be slid into a user’s apparel without using straps.
However, Burwell further teaches a load bearing vest (refer to figs. 3 and 19), wherein a body (refer to water bladder 190 including hose 194) configured to be slid into a user’s apparel without using straps (refer to col. 8, lines 4-8, wherein the vest includes a pouch 186 disposed over the rear panel of the vest, the pouch being sized to accommodate the body 190 for retaining drinking fluid, the bladder disposed in the pouch, and the drinking hose extending from the bladder), in order to provide a load bearing vest for use by military and police personnel that provides a conveniently located drinking feature (refer to col. 1, lines 20-23).
One having ordinary skill in the art of refrigeration would recognize that by providing the body to be slid into a user’s apparel without using straps, it will facilitate the removal and insertion of the body into the user’s apparel.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Pritchard such that the body is configured to be slid into a user’s apparel without using straps in view of the teachings by Burwell, in order to facilitate the removal and insertion of the body into the user’s apparel.
Regarding claim 9, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 7. Further, Pritchard as modified discloses wherein the front and back portions, the first and second upper side walls, and the first and second lower side walls are curved in a same direction between the top and bottom portions (refer to Figs. 4-7) providing the container body with a concave contour to facilitate contour matching of a user’s torso (refer to page 6, par. 6, wherein an outer face of the body between the two sidewalls is concave so as to better accommodate a back wall of a personal load carriage system as it flexes around the back of a person; both opposing faces of the body may be curved in the same manner).
Regarding claim 10, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 7. Further, Pritchard as modified discloses wherein the port (refer to opening 85 as in fig. 8) is formed from high-density polyethylene (refer to the first para. of the Detailed Description, wherein rigid bladder 10 is made of water-grade high-density polyethylene (HDPE), in the instant case the port 85 is formed as a recessed portion of an outer edge of the body, therefore being formed from the same material).
Regarding claim 11, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 7. Further, Pritchard as modified discloses said body being adapted to contain a substance (water) for providing thermal regulation to a user’s body when the container is adjacent the user’s body and for providing hydration when consumed by the user through the port. Note: the recitations “for providing thermal regulation to a user’s body when the container is adjacent the user’s body” and “for providing hydration when consumed by the user through the port” have been considered recitations of intended use. It has been held that the recitation with respect to the matter in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 12, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 11. Further, Pritchard as modified discloses wherein the hose (32) is configured for allowing the user to dispense the substance via the hose.
Regarding claim 13, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 7. Further, Pritchard as modified discloses wherein the body (10) has a shape that substantially matches a profile silhouette (refer to page 6, par. 6, wherein an outer face of the body between the two sidewalls is concave so as to better accommodate a back wall of a personal load carriage system, as it flexes around the back of a person; both opposing faces of the body may be curved in the same manner) of the user’s apparel comprising a military body armor (refer to the ballistics armor vest prepared to don the load bearing vest as in fig. 7 as taught by Burwell).
Claim(s) 14 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pritchard (GB 2480582 A), O’Neal (US 9,874,425), and further in view of Burwell (US 5,617,582).
Regarding claim 14, Pritchard discloses an apparatus to be worn by a user (refer to Fig. 10), said apparatus comprising:
a hard plastic container body (10, said body being made of water-grade high-density polyethylene (HDPE)) formed from high-density polyethylene (refer to the first para. of the Detailed Description, wherein rigid bladder 10 is made of water-grade high-density polyethylene (HDPE)) and having a shape that substantially matches a profile silhouette of military body armor, the container body being adapted to receive and contain a substance (water), said container body having a front portion, back portion, top portion (14) and bottom portion (13) integrally formed from a same material (refer to page 5, par. 7), the front portion being connected to the back portion by first (11) and second (12) side walls formed between the top and bottom portions, said container body having a port (refer to opening 85), connected to a hose (32), formed out of the bottom portion (refer to fig. 8, wherein opening 85 is formed out of a recessed portion in the bottom portion),
wherein the front, back, top and bottom portions have a structure formed to facilitate bending of the body and contour matching of a user’s torso (refer to page 6, par. 6, wherein an outer face of the body between the two sidewalls is concave so as to better accommodate a back wall of a personal load carriage system (e.g., back-pack) as it flexes around the back of a person carrying the back-pack; both opposing faces of the body may be curved in the same manner).
While Pritchard discloses the container body, Pritchard fails to explicitly disclose first and second opposite upper side walls that converge towards each other in an upwards direction of the container, and first and second opposite lower side walls that are joined to the first and second opposite upper side walls, respectively, and that extend parallel to each other.
However, O’Neil teaches an asymmetric body armor (refer to Fig. 1), comprising a first side wall comprising a first upper side wall (15) and a first lower side wall (13) and a second side wall comprising a second upper side wall (16) and a second lower side wall (14), the first and second upper side walls converge towards each other in an upwards direction (refer to Fig. 1), the first and second lower side walls are joined to the first and second opposite upper side walls, respectively, and extend parallel to each other (refer to Fig. 1), in order to provide enhanced mobility to a soldier to hoist, shoulder, aim, and fire a weapon (refer to col. 2, lines 52-53).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to modify Pritchard such that the container body comprises first and second opposite upper side walls that converge towards each other in an upwards direction of the container, and first and second opposite lower side walls that are joined to the first and second opposite upper side walls, respectively, and that extend parallel to each other in view of the teachings by O’Neil, in order to provide enhanced mobility to a soldier.
While Pritchard as modified discloses wherein the body is configured to be slid into the military body armor (101), Pritchard as modified fails to explicitly disclose wherein the body is configured to be slid into the military body armor without using straps.
However, Burwell further teaches a load bearing vest (refer to figs. 3 and 19), wherein a body (refer to water bladder 190 including hose 194) is configured to be slid into the load bearing vest designed for use by military personnel without using straps (refer to col. 8, lines 4-8, wherein the vest includes a pouch 186 disposed over the rear panel of the vest, the pouch being sized to accommodate the body 190 for retaining drinking fluid, the bladder disposed in the pouch, and the drinking hose extending from the bladder), in order to provide a load bearing vest for use by military and police personnel that provides a conveniently located drinking feature (refer to col. 1, lines 20-23).
One having ordinary skill in the art of refrigeration would recognize that by providing the body to be slid into the military body armor without using straps, it will facilitate the removal and insertion of the body into the military body armor.
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Pritchard such that the body is configured to be slid into the military body armor without using straps in view of the teachings by Burwell, in order to facilitate the removal and insertion of the body into the military body armor.
Regarding claim 16, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Pritchard as modified discloses wherein the front and back portions and the first and second side walls are curved in a same direction between the top and bottom portions (refer to Figs. 4-7) providing the container body with a concave contour to facilitate contour matching of the user’s torso (refer to page 6, par. 6, wherein an outer face of the body between the two sidewalls is concave so as to better accommodate a back wall of a personal load carriage system (e.g., back-pack) as it flexes around the back of a person carrying the back-pack; both opposing faces of the body may be curved in the same manner).
Regarding claim 17, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Pritchard as modified discloses wherein the hose (32) is connected to the port (85) for allowing the user to dispense the substance via the hose.
Regarding claim 18, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Pritchard as modified discloses said hose (32) comprising a valve for allowing the user to drink the substance via the hose (refer to the 2nd par. of the Background of Invention page 2, wherein a typical mouth piece includes a bite valve to control the flow of water and a locking valve to isolate the bladder from the mouthpiece and thereby prevent leakages).
Regarding claim 19, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Pritchard as modified discloses wherein the front and back portions, the first and second opposite upper side walls, and the first and second opposite lower side walls are curved in a same direction between the top and bottom portions (refer to Figs. 4-7) providing the container body with a concave contour to facilitate contour matching of the user’s torso (refer to page 6, par. 6, wherein an outer face of the body between the two sidewalls is concave so as to better accommodate a back wall of a personal load carriage system as it flexes around the back of a person; both opposing faces of the body may be curved in the same manner).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pritchard (GB 2480582 A), O’Neal (US 9,874,425), Burwell (US 5,617,582), and further in view of Morris (US 5,597,097).
Regarding claim 15, Pritchard as modified meets the claim limitations as disclosed above in the rejection of claim 14. Further, Pritchard as modified discloses wherein the port is formed from high-density polyethylene (refer to the first para. of the Detailed Description, wherein rigid bladder 10 is made of water-grade high-density polyethylene (HDPE), and in the instant case, the port 85 is formed by a recessed portion of an outer edge of the body) and facilitates drainage through the port, through the hose of the container while being worn, but fails to explicitly disclose wherein the port is located at a point where a bottom wall of the bottom portion connects to the first side wall, the bottom wall extending from a connection to the second side wall and sloping towards the point where the bottom wall connects to the first side wall to facilitate drainage through the port, through the hose, at a lowest point of the container.
However, Morris teaches a fluid dispensing container (refer to figs. 1-3), comprising a hollow body (5) having a port (32) located at a point where a bottom wall (30) of a bottom portion connects to a first side wall (62), and wherein the bottom wall (30) extends from a connection to a second side wall (26) and sloping towards the point where the bottom wall (30) connects to the first side wall (62), in order to assist in complete and full drainage of the fluid held within the body as the fluid is passed out of the port, to a hose (hose 36, refer to col. 4, lines 64-67).
Therefore, it would have been obvious to a person of ordinary skill before the effective filing date of the claimed invention, to further modify Pritchard such that the port is located at a point where a bottom wall of the bottom portion connects to the first side wall, the bottom wall extending from a connection to the second side wall and sloping towards the point where the bottom wall connects to the first side wall to facilitate drainage through the port, through the hose, at a lowest point of the container in view of the teachings by Morris, in order to assist in complete and full drainage of the fluid held within the body.
Response to Arguments
Claims 1-2, 4-7 and 9-19 remain rejected on the ground of non-statutory double patenting as being unpatentable over US Patent No. 11,653,745.
Applicant's arguments filed on 04/07/2026 have been fully considered but they are not persuasive.
Applicant argues on pages 8-9 of the remarks that “While the claimed container is formed from "high-density polyethylene," O'Neal-which is a completely different disclosure-uses ballistic-resistant steel, a KEVLAR lining, and a ballistic polyurea spall lining… Modification of Pritchard by O'Neal therefore will necessarily involve replacing Pritchard's material-plastic used to carry water-with O'Neal's ballistic steel to stop bullets. O'Neal's modification, using features of a body armor, will therefore change principle of operation of Pritchard's hydration bladder (and also Morris's liquid container and Burwell's water bladder), which is improper under MPEP § 2143.01 (VI).” This argument has been considered but is not persuasive.
In the instant case, the primary reference of Pritchard already discloses the body being a hard plastic hollow body formed from high-density polyethylene (refer to the first para. of the Detailed Description, wherein rigid bladder 10 is made of water-grade high-density polyethylene (HDPE); HDPE is generally classified as a hard plastic). O’Neil has not been introduced to describe the material of the container’s hollow body, but the limitations of the first and second side walls as claimed. Therefore, the principle of operation of Pritchard's hydration bladder is not changed or affected by O’Neil, since Pritchard discloses the material of container’s hard plastic hollow body.
Applicant argues on pages 8-9 of the remarks that Burwell, describes a "water bladder formed of vinyl," (col. 5, lines 25-27), which is not formed of a "hard plastic formed from high-density polyethylene," as claimed; Burwell, therefore, fails to cure at least the above deficiencies in the Pritchard-Morris-O'Neal combination. This argument has been considered but is not persuasive.
In the instant case, the primary reference of Pritchard already discloses the body being a hard plastic hollow body formed from high-density polyethylene (refer to the first para. of the Detailed Description, wherein rigid bladder 10 is made of water-grade high-density polyethylene (HDPE); HDPE is generally classified as a hard plastic). Burwell has not been introduced to describe the material of the container’s hollow body, but the limitations of the body being configured to be slid into a user’s apparel without using straps.
For at least the reasons described above, claims 1-2, 4-7 and 9-19 remain rejected.
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 ANA M VAZQUEZ whose telephone number is (571)272-0611. The examiner can normally be reached M-F 7-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Len Tran can be reached at 571-272-1184. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANA M VAZQUEZ/Primary Examiner, Art Unit 3763
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