DETAILED ACTION
Response to Arguments
Applicants' arguments filed 02/03/2026 have been fully considered but they are not persuasive.
With respect to the rejection under 35 U.S.C. 102 based on DOKKEN and the rejection of dependent claims under 35 U.S.C 103, the Applicant states that the prior art does not disclose configuration as recited by independent claim 1 and argues that a secondary reference that merely provides an example of a reference signal "configuration" being signaled in some other context is not a basis by which to modify a simple synchronization signal as described by Duan for transporting such a configuration. The Examiner respectfully disagrees.
Regarding the applicant’s statement that DOKKEN does not disclose configuration as recited by independent claim 1, the Examiner points to the explicit language of independent claim 1 reciting: “receiving a radio frequency for sensing (RF-S) configuration.” The broadest reasonable interpretation of the aforementioned limitation includes wherein a first wireless sensing node receives a signal that facilitates configuration. DOKKEN discloses on Colum 2 lines 1-3, “receive a synchronization signal, each radio detection and ranging device being configured to synchronize its operation according to the synchronization signal.” Synchronizing operations is a step of device configuration. The Examiner does not further rely upon DOKKEN to disclose the additional features relating (RF-S) configuration as recited by amended claim 1. The Examiner maintains that the prior art discloses the above limitation.
Applicant’s argument regarding a secondary reference merely providing an example of a reference signal "configuration" has been fully considered but is moot because the new ground of rejection does not rely solely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
It is further noted that it has been held that the test for obviousness is not whether the features of one reference may be bodily incorporated into the other to produce the claimed subject matter but simply what the combination of references makes obvious to one of ordinary skill in the pertinent art. In re Bozek, 163 USPQ 545 (CCPA 1969). Although DOKKEN discloses a “simple synchronization signal,” bodily incorporation of a secondary reference is not required to demonstrate that it would have been obvious to one of ordinary skill in the art to modify the “simple synchronization signal” to include complex information. As explained in greater detail in the rejection below, PARK demonstrates that RF-S configurations that include complex information such as positioning reference signals are common and well understood in the art. The Examiner maintains that it would have been obvious to one of ordinary skill in the art to modify the “simple synchronization signal” to include more complex information.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 1-10, 12-18 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over DOKKEN (US10769239B2) in view of PARK(US20220026550A1)
Regarding claim 1, DOKKEN discloses
A method of operating a first wireless sensing node (“The system 100 comprises a plurality of radio detection and ranging devices 101, 103, 105 being configured to perform a synchronous detection of an object in the maritime environment” [Col.9, ll.27-29]), comprising: receiving a radio frequency for sensing (RF-S) configuration (“providing 203 the synchronization signal over a communication network by the synchronization source to the plurality of radio detection and ranging devices” [Col.9, ll.53-55]); performing one or more RF-S procedures based on the RF-S configuration (“performing 209 a synchronous detection of an object in the maritime environment by the plurality of radio detection and ranging devices” [Col.9, ll.59-61]); obtaining sea state information based on the one or more RF-S procedures (“the processing device is configured to determine a meteorological or oceanographic parameter of the maritime environment upon the basis of the plurality of sensor signals” [Col.5, ll.16-19]) and transmitting the sea state information to a network component (“ transmit a plurality of sensor signals respectively relating to a location of the object in the maritime environment over a communication network 107” [Col.9, ll.30-32]).
DOKKEN discloses a sensing (RF-S) configuration, but does not explicitly disclose or limit wherein the sensing (RF-S) configuration includes the configuration information as recited in claim 1. PARK teaches in the same field of radio frequency sensing networks. Park discloses, wherein the RF-S configuration includes: an indication of a sea state scale, a sea state indicator format, a set of sea state measurements, a measuring periodicity (“The scanning phase may be initiated periodically, or on-demand based on signals from the communications network 100 or a UE” [0121]) ,a measuring condition (“measurement configuration for UE measurement reporting” [0080]), a reporting periodicity, (“scheduling information reporting” [0080]) a reporting condition (“The signal report may include an indication of a receive beam associated with at least one of the one or more sensing reference signals” [0006]), a downlink positioning reference signal (DL-PRS) configuration (“The base station 802 transmits one or more DL scanning-sensing reference signals (SSRS) […] he SSRS 872 may be SS Blocks, CSI-RS, TRS, PRS” [0106]), an uplink sounding reference signal (UL-SRS-) for positioning configuration (“The UE can then form a transmit beam for sending one or more uplink reference signals (e.g., uplink positioning reference signals (UL-PRS), sounding reference signal (SRS)” [0057]), a sidelink PRS (SL-PRS) configuration (“connects indirectly to one or more communication networks via one or more device-to-device (D2D) peer-to-peer (P2P) links (referred to as ‘sidelinks’)” [0062]), or any combination thereof.
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of RF-S configuration including: an indication of a sea state scale, a sea state indicator format, a set of sea state measurements, a measuring periodicity, a measuring condition, a reporting periodicity, a reporting condition, a downlink positioning reference signal (DL-PRS) configuration, an uplink sounding reference signal (UL-SRS-) for positioning configuration, a sidelink PRS (SL-PRS) configuration so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 2, DOKKEN as modified by PARK disclose all the limitations of claim 1. DOKKEN discloses wherein, the first wireless sensing node is a user equipment (UE) or a wireless network component (“Different radio detection and ranging devices, e.g. active general purpose radio detection and ranging devices or active specific purpose radio detection and ranging devices, can be used” [col.13, ll.27-30]).
Regarding claim 3, DOKKEN as modified by PARK disclose all the limitations of claim 1. DOKKEN discloses wherein, the one or more RF-S procedures comprise one or more monostatic RF-S procedures (“The radio detection and ranging devices, e.g. the active radar sensors, can be based on transmitting and receiving an electromagnetic wave or signal” [Col.14, ll.29-31]).
Regarding claim 4, DOKKEN as modified by PARK disclose all the limitations of claim 1. DOKKEN discloses wherein, the one or more RF-S procedures comprise one or more bistatic RF-S procedures performed in coordination with a second wireless sensing node (“electromagnetic signals can be detected passively. The processing device can be configured to coherently process the receiving signals.” [Col.6, ll.61-63]).
Regarding claim 5, DOKKEN as modified by PARK disclose all the limitations of claim 4. DOKKEN discloses wherein, the first wireless sensing node is a first wireless network component and the second wireless sensing node is a second wireless network component (“ The processing device can be configured to correlate an associated direct signal with an associated reflected signal using a passive radar technique” [Col.7, ll.20-23]).
Regarding claim 6, DOKKEN as modified by PARK disclose all the limitations of claim 5. DOKKEN discloses the use of one or more RF-S procedures, but does not appear to limit or disclose the procedures as RF-S explicitly recited in claim 6. PARK teaches in the same field of endeavor of radio frequency sensing networks. PARK discloses the method wherein, the one or more RF-S procedures comprise transmission and/or measurement of synchronization signal block (SSB) (“a synchronization signal block (SSB)” [0006]), channel state information reference signal (CSI-RS) (“a channel state information reference signal (CSI-RS)” [0006]), positioning reference signal (PRS) (“a positioning reference signal (PRS)” [0006]), sounding reference signal (SRS) (“sounding reference signal (SRS)” [0057]), or sidelink positioning reference signal (SL-PRS) (“connects indirectly to one or more communication networks via one or more device-to-device (D2D) peer-to-peer (P2P) links (referred to as ‘sidelinks’)” [0062])
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of the one or more RF-S procedures comprise transmission and/or measurement of synchronization signal block (SSB), channel state information reference signal (CSI-RS), positioning reference signal (PRS), sounding reference signal (SRS), or sidelink positioning reference signal (SL-PRS) so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 7, DOKKEN as modified by PARK disclose all the limitations of claim 4. DOKKEN discloses wherein the first wireless sensing node is the UE (“The system 100 can further comprise passive radio receiving devices to detect further objects or transmitters in the maritime vessel surrounding” [Col.11, ll.9-10]) and the second wireless sensing node is the wireless network component (“ The processing device can be configured to correlate an associated direct signal with an associated reflected signal using a passive radar technique” [Col.7, ll.20-23]).
DOKKEN does not appear to limit or disclose wherein the first wireless sensing node is a wireless network component and the second wireless sensing node is a user equipment (UE)PARK teaches in the same field of endeavor of radio frequency sensing networks. PARK discloses the method wherein, , the first wireless sensing node is a wireless network component and the second wireless sensing node is a user equipment (UE) (“ A base station may operate according to one of several RATs in communication with UEs” [0042]).
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of a first wireless sensing node being a wireless network component and a second wireless sensing node being a user equipment (UE) so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 8, DOKKEN as modified by PARK disclose all the limitations of claim 7. DOKKEN does not appear to limit or disclose the use of a downlink positioning reference signal (DL-PRS) or an uplink sounding reference signal (UL-SRS) for positioning. PARK teaches in the same field of endeavor of radio frequency sensing networks. PARK discloses the method wherein, the one or more RF-S procedures comprise transmission and/or measurement of a downlink positioning reference signal (DL-PRS) (“The base station 802 transmits one or more DL scanning-sensing reference signals (SSRS) […] he SSRS 872 may be SS Blocks, CSI-RS, TRS, PRS” [0106]) or an uplink sounding reference signal (UL-SRS) for positioning (“The UE can then form a transmit beam for sending one or more uplink reference signals (e.g., uplink positioning reference signals (UL-PRS), sounding reference signal (SRS)” [0057]).
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of the one or more RF-S procedures comprise transmission and/or measurement of a downlink positioning reference signal (DL-PRS) or an uplink sounding reference signal (UL-SRS) for positioning so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 9, DOKKEN as modified by PARK disclose all the limitations of claim 4. DOKKEN does not appear to limit or disclose wherein the first and second wireless sensing nodes being user equipment. PARK teaches in the same field of endeavor of radio frequency sensing networks. PARK discloses the method wherein, the first wireless sensing node is a first user equipment (UE) and the second wireless sensing node is a second (UE) (“The wireless communications system 100 may further include one or more UEs, such as UE 190, that connects indirectly to one or more communication networks via one or more device-to-device (D2D) peer-to-peer (P2P) links (referred to as “sidelinks”)” [0062]).
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of wherein first wireless sensing node is a first user equipment (UE) and the second wireless sensing node is a second (UE) so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 10, DOKKEN as modified by PARK disclose all the limitations of claim 9. DOKKEN does not appear to limit or disclose the use of a sidelink positioning reference signal (SL-PRS). PARK teaches in the same field of endeavor of radio frequency sensing networks. PARK discloses the method wherein, the one or more RF-S procedures comprise transmission and/or measurement of a sidelink positioning reference signal (SL-PRS) (“The wireless communications system 100 may further include one or more UEs, such as UE 190, that connects indirectly to one or more communication networks via one or more device-to-device (D2D) peer-to-peer (P2P) links (referred to as “sidelinks”)” [0062]).
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of wherein first wireless sensing node is a first user equipment (UE) and the second wireless sensing node is a second (UE) so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 12, DOKKEN as modified by PARK disclose all the limitations of claim 1. DOKKEN discloses wherein, the sea state information comprises: a sea state indication associated with a sea state scale, a set of sea state measurements, position, speed, trajectory and/or elevation information associated with the first wireless sensing node, wind characteristics, wave characteristics, or any combination thereof (“determine a meteorological or oceanographic parameter of the maritime environment […], in particular an ocean current speed, an ocean current direction, an ocean wave height, an ocean wave period, an ocean wave spectrum, an ocean wave frequency, an ocean wave direction of propagation, an ocean speed, and/or a wind direction” [Col.5, ll.20-24]).
Regarding claim 13, DOKKEN as modified by PARK disclose all the limitations of claim 1. DOKKEN discloses wherein the method further comprises, transmitting a sea state capability indication to a network component (“generate an indicator signal indicating the malfunction of the radio detection and ranging device” [col.6, ll.15-16]), wherein the RF-S configuration is based on the sea state capability indication (“The system can be reconfigured upon the basis of the indicator signal.” [Col.6, ll.33-34]).
Regarding claim 14, DOKKEN as modified by PARK disclose all the limitations of claim 13. DOKKEN discloses wherein the method further comprises, the sea state capability indication comprises: a capability of the first wireless sensing node to sense sea states (“generate an indicator signal indicating the malfunction of the radio detection and ranging device” [col.6, ll.15-16]), a set of supported sea state scales a set of supported sea state measurement types, a set of supported sea state measurement precisions (“The processing device can determine a signal-to-noise ratio of a sensor signal of the plurality of sensor signals for detecting the malfunction.” [Col.6, ll.26-28]), a set of secondary capabilities associated with sea states, or any combination thereof (“The processing device can also detect a malfunction of the processing device itself, the communication network, or any other sensor connected to the system, e.g. a ship born or a part of the system”[Col.6, ll.21-24]).
Regarding claim 15, DOKKEN as modified by PARK disclose all the limitations of claim 14. DOKKEN discloses wherein the method further comprises, the set of secondary capabilities associated with sea states comprises a capability to measure wind speed, a capability to measure sea wave characteristics, or a combination thereof (“The processing device can also detect a malfunction of the processing device itself, the communication network, or any other sensor connected to the system, e.g. a ship born or a part of the system”[Col.6, ll.21-24] & “the system 100 can detect MetOcean parameters, e.g. an ocean wave spectrum, a wave period, a wave propagation direction, a wave propagation speed, a wave height, a wind speed, a wind direction” [Col.15, ll.18-21]).
Regarding claim 16, DOKKEN as modified by PARK disclose all the limitations of claim 13. DOKKEN does not appear to limit or disclose receiving a sea state capability request from the network component. PARK teaches in the same field of endeavor of radio frequency sensing networks. PARK discloses the method further comprising, receiving a sea state capability request from the network component, wherein the sea state capability indication is transmitted to the network component in response to the request (“Transmitting the one or more tracking reference signals may be in response to receiving a tracking request from a user equipment” [0008]).
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of receiving a sea state capability request from the network component, wherein the sea state capability indication is transmitted to the network component in response to the request so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 17, DOKKEN as modified by PARK disclose all the limitations of claim 1. DOKKEN does not appear to limit or disclose, transmitting and receiving an RF-S configuration request. PARK teaches in the same field of endeavor of radio frequency sensing networks. PARK discloses the method further comprising, transmitting an RF-S configuration request, wherein the RF-S configuration is received in response to the RF-S configuration request (“Network signaling such as RRC, MAC-CE, DCI, etc. may be used to trigger the UE 302 to provide measurements associated with the tracking reference signals.” [0132]).
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of transmitting an RF-S configuration request, wherein the RF-S configuration is received in response to the RF-S configuration request so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 18, DOKKEN as modified by PARK disclose all the limitations of claim 1. DOKKEN does not appear to limit or disclose wherein the network component corresponds to a location management function or a sensing management function. PARK teaches in the same field of endeavor of radio frequency sensing networks. PARK discloses the method wherein, the network component corresponds to a location management function (LMF) or a sensing management function (SnMF) or a combination thereof (“the LMF 270 and/or the SLP 272 may be integrated into a base station, such as the gNB 222 and/or the ng-eNB 224” [0069]).
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features wherein network component corresponds to a location management function (LMF) or a sensing management function (SnMF) so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
Regarding claim 29, DOKKEN discloses
A wireless sensing node (“The system 100 comprises a plurality of radio detection and ranging devices 101, 103, 105 being configured to perform a synchronous detection of an object in the maritime environment” [Col.9, ll.27-29]), comprising: one or more memories (“a computer program” [Col.8, l.62]); and one or more processors communicatively coupled to the one or more memories (“ a computer program comprising a program code for performing the method when executed on a computer”[Col.8, ll.62-64]), the one or more processors (“a central processor” [Col.12, l.8]), either alone or in combination, configured to: receive a radio frequency for sensing (RF-S) configuration (“providing 203 the synchronization signal over a communication network by the synchronization source to the plurality of radio detection and ranging devices” [Col.9, ll.53-55]); perform one or more RF-S procedures based on the RF-S configuration (“performing 209 a synchronous detection of an object in the maritime environment by the plurality of radio detection and ranging devices” [Col.9, ll.59-61]); obtain sea state information based on the one or more RF-S procedures (“the processing device is configured to determine a meteorological or oceanographic parameter of the maritime environment upon the basis of the plurality of sensor signals” [Col.5, ll.16-19]); and transmit the sea state information to a network component (“ transmit a plurality of sensor signals respectively relating to a location of the object in the maritime environment over a communication network 107” [Col.9, ll.30-32]).
DOKKEN discloses a sensing (RF-S) configuration, but does not explicitly disclose or limit wherein the sensing (RF-S) configuration includes the configuration information as recited in claim 1. PARK teaches in the same field of radio frequency sensing networks. Park discloses, wherein the RF-S configuration includes: an indication of a sea state scale, a sea state indicator format, a set of sea state measurements, a measuring periodicity (“The scanning phase may be initiated periodically, or on-demand based on signals from the communications network 100 or a UE” [0121]), a measuring condition (“measurement configuration for UE measurement reporting” [0080]), a reporting periodicity (“scheduling information reporting” [0080]), a reporting condition (“The signal report may include an indication of a receive beam associated with at least one of the one or more sensing reference signals” [0006]), a downlink positioning reference signal (DL-PRS) configuration (“The base station 802 transmits one or more DL scanning-sensing reference signals (SSRS) […] he SSRS 872 may be SS Blocks, CSI-RS, TRS, PRS” [0106]), an uplink sounding reference signal (UL-SRS-) for positioning configuration (“The UE can then form a transmit beam for sending one or more uplink reference signals (e.g., uplink positioning reference signals (UL-PRS), sounding reference signal (SRS)” [0057]), a sidelink PRS (SL-PRS) configuration (“connects indirectly to one or more communication networks via one or more device-to-device (D2D) peer-to-peer (P2P) links (referred to as ‘sidelinks’)” [0062]), or any combination thereof.
PARK teaches in the same field of endeavor of radio frequency sensing networks. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify DOKKEN with the teachings of PARK to incorporate the features of RF-S configuration including: an indication of a sea state scale, a sea state indicator format, a set of sea state measurements, a measuring periodicity, a measuring condition, a reporting periodicity, a reporting condition, a downlink positioning reference signal (DL-PRS) configuration, an uplink sounding reference signal (UL-SRS-) for positioning configuration, a sidelink PRS (SL-PRS) configuration so as to gain the advantage of improving accuracy. Also, since it has been held that if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill (MPEP 2143).
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
Documents Considered but not Relied Upon
The prior art made of record and not relied upon is considered pertinent to the applicant’s Disclosure.
YEH(US20230072769A1) is considered analogous art to the instant application as it discloses in [0195] “ The RSRP, RSSI, and/or RSRQ measurements may include […], channel state information reference signals (CSI-RS), and/or synchronization signals (SS) or SS blocks for 3GPP networks”
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 CLAYTON PAUL RIDDER whose telephone number is (571)272-2771. The examiner can normally be reached Monday thru Friday ET.
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/C.P.R./Examiner, Art Unit 3646
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643
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