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 .
Applicant’s arguments, see 7, filed 03/13/2023, with respect to double patenting and 112b rejections have been fully considered and are persuasive. The double patenting and 112(b) rejections of the claims have been withdrawn.
Applicant’s arguments, see page 8, filed 03/13/2026, with respect to the rejection(s) of claim(s) 1, 2, 4, 6-9, 11, 12, 14-18 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Dyson (US 20090265877 A1), Ford (US 20140041151 A1), Conrad (US 20160174791 A1), Kim (US 20010008035 A1) and Brown (US 20170196429 A1).
Claim Objections
Claim 1 objected to because of the following informalities: “a first removable filter and a second removable filter, wherein the first removable filter is removable in a first lateral direction and the second removable filter is removable in a second opposed lateral direction, and”.
Should be: “a first removable filter and a second removable filter, wherein the first removable filter is removable in a first lateral direction and the second removable filter is removable in a second opposed lateral direction.”
Appropriate correction is required.
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, 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1), Ford (US 20140041151 A1), Conrad (US 20160174791 A1), Kim (US 20010008035 A1) and Brown (US 20170196429 A1).
Regarding Claim 1, Dyson discloses A hand vacuum cleaner with a front end (at 16), a rear end (at 32, see Fig. 3), an upper end (top end where arrows 24 and 18 point at in Fig. 1), a lower end (bottom end at 32 and 20), opposed lateral sides and a longitudinal axis extending between the front end and the rear end, the hand vacuum cleaner comprising:
(a) an air flow path (see Figure 1) extending from a dirty air inlet (16) provided at a front end of the hand vacuum cleaner to a clean air outlet (26);
(b) A suction motor (36) positioned in the air flow path, the suction motor (36) having a motor axis of rotation (See Annotated Figure A below)
(c) a cyclone (20 and 22) positioned in the air flow path (See Fig. 1), the cyclone having a front end (Top end of cyclones in Fig. 1) and a rear end (bottom end of cyclones in Fig. 1) with a cyclone axis of rotation (See Annotated Figure A Below)
(d) a pistol grip handle (28) provided on a lower end of the hand vacuum cleaner (See handle extending from 32), the pistol grip handle, the pistol grip handle having a pistol grip axis (See axis x shown in Fig. 2) that extends through the pistol grip handle from a lower end of the pistol grip handle to an upper end of the pistol grip handle wherein, when the longitudinal axis is horizontal, the pistol grip axis extends upwardly (See Fig. 2 showing the axis extending through the upper and lower end of the handle and through the suction motor); and,
(e) a post motor filter (44) positionable in the air flow path (See Para [0016] “The pre-motor filter 42 and the post-motor filter 44 are located in the flow path.”)
And Suggests wherein the post motor filter comprises a removeable filter (See Fig. 1 and 3 of Dyson showing air vents 26 which overlay the suction motor, and the lip that seems to be part of a latch at the bottom of the vent suggesting a method of access to the post motor filter)
But does not explicitly disclose
with the cyclone axis of rotation extending between the front and rear ends;
when the longitudinal axis is horizontal, the cyclone axis of rotation extends horizontally and the pistol grip axis extends upwardly
wherein the post motor filter comprises a plurality of removeable filters comprising a first removable filter and a second removable filter, wherein the first removable filter is removable in a first lateral direction and the second removable filter is removable in a second opposed lateral direction, and.
However, Ford discloses a similar suction cleaning apparatus with a plurality of post motor filters (15)
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor filter of Conrad to split it into a first portion and a second, as it has been held that mere duplication of parts has no patentable significance unless an unexpected result is produced. Applicant has not indicated that an unexpected result has occurred due to the filter comprising multiple portions.
And Conrad discloses a cleaner with a post motor filter (152), provided in a clean air outlet (112) with a filter cover (grill 150) that is removably attached to the cleaner (See Fig. 19 and Para [0110]) such that the filter and filter cover is removed in a direction radial outward with respect to an axial direction of the motor (motor axis 182 in figure 13) and cyclone (cyclone axis 174) in the absence of moving in an axial direction.
And Kim discloses a cleaner with a post motor filter (40) mounted in a housing (31) with a cover (50) hingedly attached to the body of the cleaner (see Fig. 3), wherein the filter is removable laterally relative to the cleaner (See Fig. 2 and 3 and Para [0027] “Semi-circular recesses 35a are formed at both sides of the supporting frame 35 (refer to FIG. 4). Since the outer blocks of the filter 40 are partially exposed through the semi-circular recesses 35a, the filter 40 can be easily detached from the duct 30 when a user replaces or cleans the filter 40.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor filters and air outlets of the cleaner of Dyson as modified to be removable wherein the first removable filter is removable in a first lateral direction and the second removable filter is removable in a second opposed lateral direction See Figs 1 and 3 showing the air vents on either side of the cleaner, arranging these covers to have a hinge connection at the top to the body of the cleaner, allowing the tab visual in Fig.1 to be used to open the cover for access to each filter portion would allow for filters to be removed in opposing lateral directions as doing so would allow for easy cleaning or inspection of the filter (Para [0111] of Conrad791) and having the filter cover and air outlet be radial to the axis would allow for the treated air to be directed away from the surface to be cleaned and the user (Para [0110] of Conrad791).
Dyson as modified discloses comprising a first removable filter (first portion of 44 as modified by Ford above) and a second removable filter (Second portion of 44 as modified by Ford above), wherein the first removable filter is removable in a first lateral direction and the second removable filter is removable in a second opposed lateral direction (See Figs 1 and 3 showing the air vents on either side of the cleaner, opening these for access to each filter portion would allow for filters to be removed in opposing lateral directions).
Additionally, Brown discloses a cleaner a cleaner wherein when the longitudinal axis is horizontal, the cyclone axis of rotation extends horizontally (See Fig. 5 and Para [0353] “For example, when surface cleaning apparatus is oriented with the upper end 122 above the lower end 123, e.g. positioned with a bottom that is generally planar and is generally parallel to a horizontal surface, a central axis of the air treatment member 112, exemplified as a cyclone axis 132 of rotation in the illustrated embodiments, may be oriented horizontally as exemplified in this embodiment (FIG. 5), vertically (FIG. 38), or at any angle between horizontal and vertical (see FIG. 39).”) and the pistol grip axis extends upwardly (Axis extending through 312, See Fig. 3).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the orientation of the cyclone such that the when the longitudinal axis is horizontal, the cyclone axis of rotation extends horizontally, as Brown discloses a plurality of orientations of the cleaner as equivalents (See Para [0353] “The cyclone chamber 128 may be oriented in any direction, including those described in more detail herein. For example, when surface cleaning apparatus is oriented with the upper end 122 above the lower end 123, e.g. positioned with a bottom that is generally planar and is generally parallel to a horizontal surface, a central axis of the air treatment member 112, exemplified as a cyclone axis 132 of rotation in the illustrated embodiments, may be oriented horizontally as exemplified in this embodiment (FIG. 5), vertically (FIG. 38), or at any angle between horizontal and vertical (see FIG. 39).”) and as such one of ordinary skill in the art before the effective filling date would find it obvious to substitute one cyclone orientation for another, See MPEP 2144.06 II.
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Annotated Figure A (Fig. 2 of Dyson)
Regarding Claim 2, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the plurality of removable filters are removable radially (removable filters 44 of Dyson are radially displaced around the suction motor axis, see Annotated Figure A, and Conrad discloses removing the filter (see Fig. 13) in a direction that is radial from the inlet (548)).
Regarding Claim 4, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the plurality of removable filters are concurrently removeable (As modified in claim 1, Dyson as modified has a plurality of removable filters, they would be capable of being removed at the same time by an operator).
Regarding Claim 6, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein at least one of the plurality of removeable filters overlies the suction motor (See Fig. 2 of Dyson showing post motor filter 44 overlying the suction motor 36).
Regarding Claim 7, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the plurality of removeable filters overlie the suction motor (44 of Dyson as modified in claim 1 is comprised of a plurality of removeable filters, and 44 overlies the suction motor 36).
Claims 9, 11, 12, 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1), Ford (US 20140041151 A1), Conrad (US 20160174791 A1) and Kim (US 20010008035 A1).
Regarding Claim 9 Dyson discloses:
A hand vacuum cleaner (10) with a front end (at 16), a rear end (at 32, see Fig. 3), an upper end (At the top end of the cleaner, where arrows 24 and 18 point to), a lower end (At the bottom end of the cleaner near 32), a longitudinal axis (Y axis, see Fig. 2) extending between the front end and the rear end (See Fig. 2), and a vertical axis (See Annotated Fig. A), which is perpendicular to the longitudinal axis (See Annotated Fig. A), extending between the upper end and the lower end (See Annotated Fig. A), the hand vacuum cleaner comprising:
(a) an air flow path extending from a dirty air inlet (16) provided at a front end of the hand vacuum cleaner to a clean air outlet (26);
(b) a main body housing (24) a suction motor (36), the suction motor having a motor axis of rotation (See Annotated Figure A);
(c) an air treatment member (Cyclone 20 and 22);
(d) a handle (28); and,
(e) a post motor filter (44) positionable in the air flow path (See Para [0016] “The pre-motor filter 42 and the post-motor filter 44 are located in the flow path.”)
And Suggests wherein the post motor filter comprises a removeable filter (See Fig. 1 and 3 of Dyson showing air vents 26 which overlay the suction motor, and the lip that seems to be part of a latch at the bottom of the vent suggesting a method of access to the post motor filter).
But does not explicitly disclose wherein the post motor filter comprises a plurality of removeable filters, and wherein at least one of the plurality of radially removable filters is removable in a radial direction that is at a non-zero angle to both the longitudinal axis and the vertical axis.
However, Ford discloses a similar suction cleaning apparatus with a plurality of post motor filters (15)
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor filter of Conrad to split it into a first portion and a second, as it has been held that mere duplication of parts has no patentable significance unless an unexpected result is produced. Applicant has not indicated that an unexpected result has occurred due to the filter comprising multiple portions.
And Conrad discloses a cleaner with a post motor filter (152), provided in a clean air outlet (112) with a filter cover (grill 150) that is removably attached to the cleaner (See Fig. 19 and Para [0110]) such that the filter and filter cover is removed in a direction radial outward with respect to an axial direction of the motor (motor axis 182 in figure 13) and cyclone (cyclone axis 174) in the absence of moving in an axial direction.
And Kim discloses a cleaner with a post motor filter (40) mounted in a housing (31) with a cover (50) hingedly attached to the body of the cleaner (see Fig. 3), wherein the filter is removable laterally relative to the cleaner (See Fig. 2 and 3 and Para [0027] “Semi-circular recesses 35a are formed at both sides of the supporting frame 35 (refer to FIG. 4). Since the outer blocks of the filter 40 are partially exposed through the semi-circular recesses 35a, the filter 40 can be easily detached from the duct 30 when a user replaces or cleans the filter 40.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor filters and air outlets of the cleaner of Dyson as modified to be removable wherein the first removable filter is removable in a first lateral direction and the second removable filter is removable in a second opposed lateral direction See Figs 1 and 3 showing the air vents on either side of the cleaner, arranging these covers to have a hinge connection at the top to the body of the cleaner, allowing the tab visual in Fig.1 to be used to open the cover for access to each filter portion would allow for filters to be removed in opposing lateral directions as doing so would allow for easy cleaning or inspection of the filter (Para [0111] of Conrad791) and having the filter cover and air outlet be radial to the axis would allow for the treated air to be directed away from the surface to be cleaned and the user (Para [0110] of Conrad791).
Dyson as modified discloses a plurality of radially removeable filters (sections of 44 as modified by Ford), and wherein at least one of the plurality of radially removeable filters is removable in a radial direction that is at a non-zero angle to both the longitudinal axis and the vertical axis (See Location of air vents 26 in Fig. 1 and 3, removing the filters 44 from the vents 26 would result the filters being removed in the in and out of page direction with respect to fig. 2 in an angle that is non-zero to both the longitudinal and vertical axis).
Regarding Claim 11, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein the plurality of radially removable filters are concurrently removeable (As modified in claim 9, Dyson as modified has a plurality of removable filters, they would be capable of being removed at the same time by an operator).
Regarding Claim 12, Dyson as modified discloses all the limitations of claim 1 but does not explicitly disclose wherein one filter of the plurality of radially removeable filters removes in a different direction to another filter of the plurality of filters.
However, Ford teaches a cleaner with a post motor filter (15) that is comprised of a first portion and a second portion on opposite sides of the cleaner (See Figure 2b). It would be obvious to one of ordinary skill in the art before the effective filling date to modify Conrad as modified to remove the second portion of the filter in a second direction that is different to the first as doing so would be more convenient to the user when replacing or cleaning the filters.
Regarding Claim 14, Dyson as modified discloses all the limitations of claim 9 and in addition discloses wherein at least one of the plurality of radially removeable filters overlies the suction motor (See Fig. 2 of Dyson showing post motor filter 44 overlying the suction motor 36).
Regarding Claim 15, Dyson as modified discloses all the limitations of claim 9 and in addition discloses wherein the plurality of radially removeable filters overlie the suction motor (44 of Dyson as modified in claim 1 is comprised of a plurality of removeable filters, and 44 overlies the suction motor 36).
Regarding Claim 16, Dyson as modified discloses all the limitations of claim 15 but does not explicitly disclose wherein one filter of the plurality of radially removeable filters removes in a different direction to another filter of the plurality of filters.
However, Ford teaches a cleaner with a post motor filter (15) that is comprised of a first portion and a second portion on opposite sides of the cleaner (See Figure 2b). It would be obvious to one of ordinary skill in the art before the effective filling date to modify Conrad as modified to remove the second portion of the filter in a second direction that is different to the first as doing so would be more convenient to the user when replacing or cleaning the filters.
Regarding Claim 17, Dyson as modified discloses all the limitation of claim 9 and in addition disclose wherein the air treatment member comprises a cyclone having a front end (Top end of cyclones in Fig. 1) and a rear end (bottom end of cyclones in Fig. 1) with a cyclone axis of rotation (See Annotated Figure A below) extending between the front and rear ends (See Annotated Figure A);
Regarding Claim 18, Dyson as modified discloses all the limitations of claim 9 and in addition discloses wherein the handle (28) comprises a pistol grip handle (28, see Fig. 1 of Dyson) extending downwardly from a lower side of the main body (See Fig. 1 of Dyson where 28 extends below 24).
Regarding Claim 19, Dyson as modified discloses all the limitations of claim 9 and in addition discloses wherein at least two of the plurality of radially removeable filters are removeable in a radial direction that is at a non-zero angle to both the longitudinal axis and the vertical axis (See Location of air vents 26 in Fig. 1 and 3, removing the filters 44 from the vents 26 would result in an angle that is non-zero to both the longitudinal and vertical axis, such as the into and out of the page of 26 as seen in Fig. 2).
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1), Ford (US 20140041151 A1), Conrad (US 20160174791 A1), Kim (US 20010008035 A1) and Brown (US 20170196429 A1) as modified in claims 1 and in further view of Rukavina (US 20170172366 A1).
Regarding Claim 3, Dyson as modified discloses all the limitations of claim 1 and in and suggests but does not explicitly disclose wherein the plurality of removable filters are separately removable (If there are a plurality of removable filters as modified in claim 1, they would be capable of being removed separately from each other).
Rukavina discloses a cleaner with two separate filters that are separately removable and that they can dirty at different rates (See Para [0020] “The filter media 48 includes a filter face 49 in the plane 43 and the filter face 49 generally includes a first half 50 and a second half 52. In the illustrated configuration, the first half 50 is adjacent the outlet 30 of the cyclonic separator 24. However, pre-motor filter 40 may be configured to be coupled to the main body in a first orientation and a second orientation. In the illustrated embodiment, the filter 40 is removably coupled to the main body 16 so that the orientation of the filter 40 can be rotated 180 degrees such that the second half 52 of the filter media 48 is adjacent the outlet 30. For example, after a period of use of the vacuum 10, the first half 50 of the filter media 48 (adjacent the outlet 30) can become more entrained with debris than the second half 52, which may reduce the efficiency of the filter 40. The first half 50 becomes more entrained with debris because it is closer to the outlet 30. When the user removes the dirt separator 14, for example for emptying, the user may notice that the first half 50 of the filter 40 is dirtier than the second half 52.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the removable filters of Dyson as modified to be separately removable so that a user can selectively remove a given filter that has been dirtied without necessarily having to remove another filter.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1), Ford (US 20140041151 A1), Conrad (US 20160174791 A1), Kim (US 20010008035 A1) and Brown (US 20170196429 A1) as modified in claims 1 and in further view of Fester (US 20100236014 A1).
Regarding Claim 5, Dyson as modified discloses all the limitations of claim 1 and in addition discloses wherein at least one of the plurality of removable filters is shaped as a sector (see the post motor filter sectors 15 of Ford), but does not explicitly disclose wherein the sectors are shaped as an annulus sector.
However, Fester discloses a post motor filter (28) shaped as an annulus such that each filter portion has an inner surface (109) and an opposed outer surface (108) that are continuously curved about a common axis (See Fig. 4).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor of Conrad such that at least one of the filters are shaped as an annulus sector as taught by Ford and Fester. Such a modification is viewed as a change in shape, which has been held to be of routine by one skilled in the art (see MPEP 2144.04). The shape of the filter is known in the art to change to fit the housing and motor. Changing the filter from a flat rectangle, to a cylinder, or a radial shape all have been known without affecting performance.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1), Ford (US 20140041151 A1), Conrad (US 20160174791 A1), and Kim (US 20010008035 A1) as modified in claims 9 and in further view of Rukavina (US 20170172366 A1).
Regarding Claim 10, Dyson as modified discloses all the limitations of claim 9 and in and suggests but does not explicitly disclose wherein the plurality of radially removable filters are separately removable (If there are a plurality of removable filters as modified in claim 1, they would be capable of being removed separately from each other).
Rukavina discloses a cleaner with two separate filters that are separately removable and that they can dirty at different rates (See Para [0020] “The filter media 48 includes a filter face 49 in the plane 43 and the filter face 49 generally includes a first half 50 and a second half 52. In the illustrated configuration, the first half 50 is adjacent the outlet 30 of the cyclonic separator 24. However, pre-motor filter 40 may be configured to be coupled to the main body in a first orientation and a second orientation. In the illustrated embodiment, the filter 40 is removably coupled to the main body 16 so that the orientation of the filter 40 can be rotated 180 degrees such that the second half 52 of the filter media 48 is adjacent the outlet 30. For example, after a period of use of the vacuum 10, the first half 50 of the filter media 48 (adjacent the outlet 30) can become more entrained with debris than the second half 52, which may reduce the efficiency of the filter 40. The first half 50 becomes more entrained with debris because it is closer to the outlet 30. When the user removes the dirt separator 14, for example for emptying, the user may notice that the first half 50 of the filter 40 is dirtier than the second half 52.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the removable filters of Dyson as modified to be separately removable so that a user can selectively remove a given filter that has been dirtied without necessarily having to remove another filter.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1), Ford (US 20140041151 A1) and Conrad (US 20160174791 A1) and Kim (US 20010008035 A1) as modified in claims 9 and in further view of view of Fester (US 20100236014 A1).
Regarding Claim 13, Dyson as modified discloses all the limitations of claim 9 and in addition discloses wherein at least one of the plurality of radially removable filters is shaped as a sector (see the post motor filter sectors 15 of Ford), but does not explicitly disclose wherein the sectors are shaped as an annulus sector.
However, Fester discloses a post motor filter (28) shaped as an annulus such that each filter portion has an inner surface (109) and an opposed outer surface (108) that are continuously curved about a common axis (See Fig. 4).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the post motor of Conrad such that at least one of the filters are shaped as an annulus sector as taught by Ford and Fester. Such a modification is viewed as a change in shape, which has been held to be of routine by one skilled in the art (see MPEP 2144.04). The shape of the filter is known in the art to change to fit the housing and motor. Changing the filter from a flat rectangle, to a cylinder, or a radial shape all have been known without affecting performance.
Claims 20 are rejected under 35 U.S.C. 103 as being unpatentable over Dyson (US 20090265877 A1), Ford (US 20140041151 A1), Conrad (US 20160174791 A1) and Kim (US 20010008035 A1) as modified in claim 9 and in further view of Brown (US 20170196429 A1).
Regarding Claim 20, Dyson as modified discloses all the limitations of claim 9 but does not explicitly disclose wherein the air treatment member has a front end and a rear end, and an air treatment axis extends between the front end and the rear end, and when the longitudinal axis is horizontal, the air treatment axis is horizontal.
However, Brown discloses wherein the air treatment member (112) has a front end (at 206, see Fig. 5) and a rear end (at 208), and an air treatment axis (132) extends between the front end and the rear end (See Fig. 5), and when the longitudinal axis is horizontal (parallel with 148, see Fig. 5), the air treatment axis is horizontal (See Fig. 5).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the orientation of the cyclone such that the when the longitudinal axis is horizontal, the cyclone axis of rotation extends horizontally, as Brown discloses a plurality of orientations of the cleaner as equivalents (See Para [0353] “The cyclone chamber 128 may be oriented in any direction, including those described in more detail herein. For example, when surface cleaning apparatus is oriented with the upper end 122 above the lower end 123, e.g. positioned with a bottom that is generally planar and is generally parallel to a horizontal surface, a central axis of the air treatment member 112, exemplified as a cyclone axis 132 of rotation in the illustrated embodiments, may be oriented horizontally as exemplified in this embodiment (FIG. 5), vertically (FIG. 38), or at any angle between horizontal and vertical (see FIG. 39).”) and as such one of ordinary skill in the art before the effective filling date would find it obvious to substitute one cyclone orientation for another, See MPEP 2144.06 II.
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 Tyler James McFarland whose telephone number is (571)272-7270. The examiner can normally be reached M-F 7:30AM-5PM (E.S.T), Flex First Friday.
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/T.J.M./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
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