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 Status
Claims 1-7, and 10-11 have been amended; support is found in Figures 1-2.
Claim 17 has been added, support is found in Table 1. No new matter has been added.
Claims 1-17 are currently pending and have been examined on the merits in this office action.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 03/17/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. IDS statements of previous office actions have already been considered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2019/0355951 A1) .
Regarding claim 1, Lee discloses a jelly-roll type electrode assembly (Figure 11; wound electrode; [0003]), comprising an electrode plate and a separation layer disposed on at least one surface of the electrode plate (Figure 3; separator 130 interposed between the electrodes 110 and 120), wherein the jelly roll type electrode assembly comprises a plurality of first regions and a plurality of second regions, wherein a second region is a rollback region of the jelly roll type electrode assembly (Figure 11; the wound rollback region of the wound electrode assembly can be the second region).
Lee further discloses regions of the electrode having bonding interfaces 140 that fixes the electrode to the separator and have a bonding gradient wherein the bonding force varies throughout the electrode (Figure 4; [0087-0091]) such that the central region 151 has a higher bonding force that the outer regions 152, 155).
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Lee discloses different regions in which the electrode and separator are bound together that have different bonding forces and thus Lee discloses having different regions of the separator/electrode layer having a greater bonding force ([0020-0021]). Lee further teaches wherein the bonding areas can have structure as seen in Figure 8 of multiple repeating shapes (Figures 7-8; [0095]).
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Therefore it would have been obvious in view of a skilled artisan to combine embodiments of Lee such that the bonding interfaces as seen in Figure 4 can be duplicated to have multiple bonding regions as is seen by Lee Figure 8. Thus through the modification, a plurality of first and second regions having a specific bonding force that can be alternately arranged along a winding direction of the jelly roll type assembly can be obtained and rendered obvious. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Additionally, Lee is silent with respect to wherein a rollback region is a wound region of the electrode assembly and has a weaker bonding force than the first region, however, this is deemed to be met through how the electrode to folded and thus a skilled artisan could arrange the bonding gradient regions to the regions that contain the rollback portion.
Therefore, it would have been obvious in view of a skilled artisan to rearrange the bonding gradient regions of Lee such that the wound rollback region is a region that contains the weaker bonding force as a simple rearrangement of parts. Lee discloses wherein the outer peripheral regions from the central region contain the decreased bonding regions and thus when wound the outer peripheral regions of the wound electrode would have a decreased bonding region in the rollback region. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Lee discloses different regions in which the electrode and separator are bound together that have different bonding forces and thus Lee discloses having different regions of the separator/electrode layer having a greater bonding force ([0020-0021]). Lee is silent with respect to wherein a rollback region is a wound region of the electrode assembly and has a weaker bonding force than the first region, however, this is deemed to be met through a simple rearrangement of parts as a skilled artisan can rearrange the bonding gradient regions to the regions that contain the rollback portion.
Therefore, it would have been obvious in view of a skilled artisan to rearrange the bonding gradient regions of Lee such that the wound rollback region is a region that contains the weaker bonding force as a simple rearrangement of parts. Lee discloses wherein the outer peripheral regions from the central region contain the decreased bonding regions and thus when wound the outer peripheral regions of the wound electrode would have a decreased bonding region in the rollback region. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Regarding claim 15, modified Lee discloses all the claim limitations of claim 1. Lee further discloses wherein the jelly roll type electrode assembly has a thickness of the separation layer between 1-50 micrometers ([0050] separator has a thickness of 5-300 micrometers). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 16, modified Lee discloses all the claim limitations of claim 1. Lee further discloses an electronic device comprising an electrochemical device comprising the jelly roll type electrode assembly of claim 1 ([0002] battery comprising the electrode assembly that can be used within phones, computers, cars etc.)
Claims 1-4, 6, 11, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2019/0355951 A1) in view of Park et al. (US 2015/0357671 A1).
Regarding claim 1, Lee discloses a jelly-roll type electrode assembly (Figure 11; wound electrode; [0003]),
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comprising an electrode plate and a separation layer disposed on at least one surface of the electrode plate (Figure 3; separator 130 interposed between the electrodes 110 and 120), wherein the jelly roll type electrode assembly comprises a first region and a second region, wherein a second region is a rollback region of the jelly roll type electrode assembly (Figure 11; the wound rollback region of the wound electrode assembly can be the second region).
Lee further discloses regions of the electrode having bonding interfaces 140 that fixes the electrode to the separator and have a bonding gradient wherein the bonding force varies throughout the electrode (Figure 4; [0087-0091]) such that the central region 151 has a higher bonding force that the outer regions 152, 155).
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Lee discloses different regions in which the electrode and separator are bound together that have different bonding forces and thus Lee discloses having different regions of the separator/electrode layer having a greater bonding force ([0020-0021]). Lee further teaches wherein the bonding areas can have structure as seen in Figure 8 of multiple repeating shapes (Figures 7-8; [0095]).
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Therefore it would have been obvious in view of a skilled artisan to combine embodiments of Lee such that the bonding interfaces as seen in Figure 4 can be duplicated to have multiple bonding regions as is seen by Lee Figure 8. Thus through the modification, a plurality of first and second regions having a specific bonding force that can be alternately arranged along a winding direction of the jelly roll type assembly can be obtained and rendered obvious. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Additionally, Lee discloses different regions in which the electrode and separator are bound together that have different bonding forces and thus Lee discloses having different regions of the separator/electrode layer having a greater bonding force ([0020-0021]). However, Lee is silent with respect to wherein a rollback region is a wound region of the electrode assembly and has a weaker bonding force than the first region.
Park discloses an electrode assembly having a separator that is partially bonded to the electrode and is analogous with the instant invention as being within the same field of endeavor. Park discloses wherein an electrode assembly is wound and wherein the surface adhesive strengths between the separator and the electrode depends on the binder content used ([0033-0035] Figure 1). Park discloses wherein an increase binder content increases the adhesive strength between the separator and the electrode ([0033-0035]).
Therefore, it would have been obvious in view of a skilled artisan to modify the rollback regions of Lee to have a binder content that is less than the binder content of the central portion of the electrode-separator bonding region as taught by Park as the binder content can determine the adhesive strength between the separator and electrode and thus through the modification the rollback region of the wound electrode would have a decreased binder content that would result in a decreased bonding force. Thus all the claim limitations of claim 1 are rendered obvious through the modification.
Regarding claim 2, modified Lee discloses all the claim limitations of claim 1. Park further discloses wherein a difference between the bonding force F1 of the separator layer to the surface of the electrode plate in the plurality of first regions and the bonding force F2 of the separation layer to the surface of the electrode plate in the plurality of second regions is 1-15 N/m (Park [0034] 1 gf/cm-9 gf/cm different that is taught which corresponds to 0.98 to 8.83 N/m). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 3, modified Lee discloses all the claim limitations of claim 1. Park further discloses wherein a difference between the bonding force F1 of the separator layer to the surface of the electrode plate in the plurality of first regions and the bonding force F2 of the separation layer to the surface of the electrode plate in the plurality of second regions is 5-10 N/m (Park [0034] 1 gf/cm-9 gf/cm different that is taught which corresponds to 0.98 to 8.83 N/m). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 4, modified Lee discloses all the claim limitations of claim 1. Park further discloses wherein the bonding force F1 of the separator layer to the surface of the electrode plate is 1-30 N/m ([0034] 3-10 gf/cm that corresponds to 2.94-9.8 N/m). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 6, modified Lee discloses all the claim limitations of claim 1. Lee further discloses wherein tabs can extend from the electrode assembly (Figure 1; tabs 21 and 22). Lee is silent with respect to wherein the plurality of first regions comprise a first subregion and a second subregion, a bonding force F3 of the separation layer to the electrode plate in the second subregion is greater than a bonding force F4 of the separator layer to the electrode plate in the first subregion. Lee and Park disclose wherein a plurality of bonding regions are present along the electrode/separator interface and that the binder content of some regions can affect the bonding force of different regions. While, modified Lee is silent with respect to the subregions of the first region it would have been obvious in view of a skilled artisan to incorporate the same principals disclosed by Lee and Park and divide the first region into a plurality of subregions that can have different binder content/bonding forces such that the second subregion has a greater bonding force than the first subregion that contains the tab in order to provide a gradient of bonding forces within the electrode-separator interface as taught by Lee. Thus all the claim limitations of claim 6 are rendered obvious through the combination.
Regarding claim 11, modified Lee discloses all the claim limitations of claim 1. Lee further discloses wherein tabs can extend from the electrode assembly (Figure 1; tabs 21 and 22). Lee is silent with respect to wherein the positive and negative tabs are disposed in the plurality of second regions, however, it would have been obvious in view of a skilled artisan to rearrange the location of the tabs to be disposed within the second region as a simple rearrangement of the location of the tabs with reasonable expectation of success. Thus all the claim limitations of claim 11 are rendered obvious through the modification. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Regarding claim 15, modified Lee discloses all the claim limitations of claim 1. Lee further discloses wherein the jelly roll type electrode assembly has a thickness of the separation layer between 1-50 micrometers ([0050] separator has a thickness of 5-300 micrometers). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 16, modified Lee discloses all the claim limitations of claim 1. Lee further discloses an electronic device comprising an electrochemical device comprising the jelly roll type electrode assembly of claim 1 ([0002] battery comprising the electrode assembly that can be used within phones, computers, cars etc.).
Regarding claim 17, modified Lee discloses all the claim limitations of claim 1. Lee further discloses wherein the separation layer comprises polymer fibers ([0014,0050-0052] separator made of polymers and other inorganic particles). Park further discloses wherein a content of the binder in the polymer fibers in the plurality of first regions is greater than a content of the binder in the polymer fibers in the plurality of second regions ([0021]). Park discloses wherein a higher binder content is used to improve the adhesive strength and thus it would have been obvious in view of a skilled artisan to modify the first regions to have a higher binder content than the second regions in order to improve and make greater the adhesive strength of the first regions as taught by Park. Through the modification, all the claim limitations of claim 17 are rendered obvious.
Claims 5, 7, 9-10, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2019/0355951 A1) and Park et al. (US 2015/0357671 A1) as applied to claim 4 above, and further in view of Arai et al. (US 2019/0207189 A1).
Regarding claim 5, modified Lee discloses all the claim limitations of claim 4. Lee discloses a bonding force for the first separation layer to be between 2.94-9.8 N/m ([0034] 3-10 gf/cm that corresponds to 2.94-9.8 N/m). Park discloses wherein the adhesion strength can be adjusted based on the amount of binder present in the layer. While Lee disclose a value that is merely close to the lower range as claimed, Lee is silent with respect to the bonding force being between 10-20 N/m.
Arai discloses a composition for a secondary battery and is analogous with the instant invention as being within the same field of endeavor of secondary batteries. Arai discloses wherein an electrode and separator can have a peel strength of 10-20 N/m as a larger peel strength indicates better functional layer adhesiveness ([0192-0197]).
Therefore, it would have been obvious in view of a skilled artisan to modify the bonding force between the separator and electrode of Lee to be between 10-20 N/m as taught by Arai to ensure better functional adhesiveness between the separator and electrode. A skilled artisan can adjust the adhesive strength/bonding strength to be more or less to achieve the desired adhesive effect and thus a bonding strength of 10-20 N/m would have been obvious in view of the disclosures of Lee, Park and Arai.
Regarding claim 7, modified Lee discloses all the claim limitations of claim 1. Lee further discloses wherein the separation layer comprises polymer fibers ([0050] separator sheets or non-woven fabrics of polymers form the separator and would read on the polymer fibers); the polymer fibers comprise a binder ([0014] separator includes a polymer binder).
Lee is silent with respect to the content of the binder in the plurality of first and second regions. Park discloses a binder content difference between two regions, however, is also silent as to a specific binder content within the regions.
Arai discloses a composition for a secondary battery and is analogous with the instant invention as being within the same field of endeavor of secondary batteries. Arai discloses wherein a separator can contain a binder that is between 1-99% mass of a binder to obtain a separator with improved battery cycle characteristics and provide sufficient adhesiveness ([0107-0108]).
Therefore, it would have been obvious in view of a skilled artisan to modify the amount of binder used in the separation layer first and second regions to be between 5-25 wt% and 2-20 wt% respectively as Arai discloses that the binder can be provided between 1-99 mass % in order to achieve certain desired characteristics and adhesiveness. Park already discloses wherein the first layer has a binder content that is 2-10% lower than the plurality of second regions and thus the broad range claimed would have been obvious as a skilled artisan can adjust the binder percentages to at least overlap 5-25 wt% and 2-20 wt% for the plurality of first and second regions as the binder content is shown to be known between the claimed ranges. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 9, modified Lee discloses all the claim limitations of claim 7. Lee further discloses wherein the separation layer further comprises inorganic particles, and a percentage of a volume of the inorganic particles in a total volume of solid matter in the separator layer is not greater than 40% ([0014] separator can contain inorganic particles; [0052-0058] thickness of the separator can be 2-20 micrometers and the size of the inorganic particles can be 0.2-5 micrometers and is just a portion of the separation layer and thus can be less than 40% the volume of the separation layer and it would have been obvious for a skilled artisan to adjust the size of the inorganic particles to take up only a portion of the separation layer as a matter of size for the separation layer). The size of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04).
Regarding claim 10, modified Lee discloses all the claim limitations of claim 9. Lee further discloses wherein the inorganic particles comprise a binder ([0014] the separator includes inorganic particles and a polymer binder for fixing the inorganic particles to the porous substrate).
Lee is silent with respect to in the first region, a content of the binder in the inorganic particles is 4-7 wt% and in the plurality of second regions, the content of the binder in the inorganic particles is 3-15 wt%.
Arai discloses a composition for a secondary battery and is analogous with the instant invention as being within the same field of endeavor of secondary batteries. Arai discloses wherein a separator can contain a binder that is between 1-99% mass of a binder to obtain a separator with improved battery cycle characteristics and provide sufficient adhesiveness ([0107-0108]).
Therefore, it would have been obvious in view of a skilled artisan to modify the amount of binder used in the separation layer first and second regions to be between 4-7 wt% and 3-15 wt% respectively as Arai discloses that the binder can be provided between 1-99 mass % in order to achieve certain desired characteristics and adhesiveness and thus can be applied to the inorganic particles/binder material used in the separator layer. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 12, modified Lee discloses all the claim limitations of claim 7. Lee further discloses wherein the polymer fibers comprise at least one of a polyvinylidene fluoride ([0104 Example 1 PVdF used in the separator; [0050] separator sheets or non-woven fabrics of polymers form the separator and would read on the polymer fibers); the polymer fibers comprise a binder ([0014] separator includes a polymer binder).
Regarding claim 13, modified Lee discloses all the claim limitations of claim 9. Lee further discloses wherein the inorganic particles comprise at least one of hafnium oxide, strontium titanium oxide, tin oxide etc. as well as other materials ([0055] contains a sample of possible inorganic particles).
Regarding claim 14, modified Lee discloses all the claim limitations of claim 7. Lee is silent with respect to the specific material of the binder according to claim 14.
Arai discloses a composition for a secondary battery and is analogous with the instant invention as being within the same field of endeavor of secondary batteries. Arai discloses wherein a separator can contain a binder that is between 1-99% mass of a binder to obtain a separator with improved battery cycle characteristics and provide sufficient adhesiveness ([0107-0108]). Arai further discloses wherein a polymer binder can be made of polymers such as styrene-butadiene rubber ([0089]).
Therefore, it would have been obvious in view of a skilled artisan to substitute and use the styrene butadiene rubber for the polymer binder material as taught by Arai as Arai discloses the material to be a known binder material for use in batteries and separators. The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). The selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 2019/0355951 A1), Park et al. (US 2015/0357671 A1) and Arai et al. (US 2019/0207189 A1) as applied to claim 7 above, and further in view of Channu et al. (US 2018/0309106 A1).
Regarding claim 8, modified Lee discloses all the claim limitations of claim 7, however, is silent with respect to wherein the binder comprises an inorganic filler at a 5-10 wt%.
Channu discloses a separator having shutdown and non-shutdown capabilities for electrochemical device and is analogous with the instant invention as being within the same field of endeavor of battery cells. Channu discloses wherein filler materials made of inorganic or organic compounds can be added for safety purposes such as calcium oxide in an amount less than 30 percent by weight ([0022]).
Therefore, it would have been obvious in view of a skilled artisan to incorporate the calcium oxide inorganic filler at a mass percentage less than 30 percent such as between 5-10% of the polymer component of the binder in order to aid in the safety of the separator and battery cell as taught by Channu. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Response to Arguments
Applicant's arguments filed 06/08/2026 have been fully considered but they are not persuasive. Applicant argues that the amended claims overcome the rejection of record. Examiner notes that the rejection has been updated taking into account the amendments to the claims and thus the arguments are rendered moot as the combination now relies upon Lee to disclose of multiple bonding regions as Lee Figure 8 discloses wherein multiple regions along the electrode stack can be provided and thus when combined with Park would render obvious the claim limitations of claims 1-17 as provided above.
Applicant specifically argues that Lee fails to teach or suggest wherein a rollback region is a wound region of the electrode assembly and has a weaker bonding force than the first region. Examiner notes that Lee discloses regions in which the bonding strength is higher than other regions and discloses wherein these higher bonding strength regions can be in a pattern shape having a plurality of higher bonding strength regions, See Figure 4 and Figure 8. Lee further shows in Figure 11 that the electrode is wound/folded and thus while Lee by itself is silent with respect to the location of the higher and weaker bonding areas within the folded cell, a skilled artisan and arrange the weaker bonding regions to be the regions that correlate to the side/second region of the folded battery cell, see updated rejection.
Applicant argues that Lee teaches a continuous bonding gradient, not an alternating arrangement as seen in Figure 4. Examiner notes that the updated rejection relies upon Figure 4 and Figure 8 in which a plurality of bonding regions can be applied and thus can be arranged to be in an alternating arrangement, see rejection of record.
Applicant argues the claimed rollback region relationship is not a simple rearrangement. This argument is noted, however, is not found to be persuasive as Lee discloses multiple bonding regions along an electrode/separator and further discloses wherein the electrode is folded/wound and thus the folded/wound segments can contain the bonding regions or the folded regions can be altered to have the weaker bonding regions along the folded region absent evidence of criticality or unexpected results to the contrary and thus this argument is not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jung et al. (US 2018/0034028 A1)- discloses a separator comprising adhesive coating parts having different tack strengths and electrode assembly comprising the same and is analogous with the instant invention as being within the same field of endeavor of battery cells.
Lee et al. (US 2013/0004817 A1)- discloses an electrode assembly and method for constructing the same of having a wound electrode structure.
Jeong et al. (US 2022/0376348 A1)-discloses a unit cell and battery cell including the same wherein the electrodes have adhesive parts such as 350 that are provided along multiple directions of the electrode assembly.
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 Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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