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 .
Response to Arguments
Applicant's arguments filed on 02/25/2026 have been fully considered but they are not persuasive.
Examiner withdraws the rejection of Claims 1-21 under 35 U.S.C. 101 in view of “2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence” published on July 17, 2024 (89 FR 58128) and in view of Ex parte Desjardins, 2024-000567.
Regarding the newly amended language, Applicant argues: “The Office alleges that King discloses determining, using the sensor data that indicates the one or more attributes of the person, . . . that a conversation should be initiated with the person. Office Action at p. 9. However, King is silent to conversations between a speaker and a person. Rather, King discloses: …”
Examiner notes that the claims are not directed to performing a conversation between a speaker and a person, the claims are directed to presenting verbal messages which is addressed by the prior art. See updated reasons for rejection below.
Applicant argues regarding the newly amended language: “Further, King does not suggest or disclose that the "tone, sound effect, and/or voice message" is "personalized for the person given the at least one attribute of the person”
Examiner notes that prior art teaches variant embodiments of this claim feature. See updated reasons for rejection below.
Applicant argues: “Finally, King does not suggest or disclose "in response to the speaker presenting the verbal message . . . , receiving second sensor data [that comprises an audio signal encoding speech by the person]. "”
Examiner notes that Specification does not appear to suggest or disclose this feature either. Also, King and Subrami teach a substantively similar operation. See updated reasons for rejection below.
Applicant argues: “Applicant does not agree with the Office' s assertion that the term "device" invokes 35 USC 112(f).”
Examiner notes that this argument is not persuasive.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-21 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1-21 are directed to “determining, using the sensor data that indicates the one or more attributes of the person as input to an artificial intelligence model,” however Specification does not mention an artificial intelligence model.
Claims 1-21 are directed to “in response to the speaker presenting the verbal message that is a) personalized for the person and b) has at least the second likelihood threshold of causing the person to leave the area within the threshold distance of the physical property, … receiving second sensor data at least some of which identifies one or more attributes of the person at the physical property,” however Specification does not mention performing determinations of the speaker presenting the verbal message, or in response to the speaker presenting a verbal message.
35 USC § 101
Examiner withdraws the rejection of Claims 1-21 in view of “2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence” published on July 17, 2024 (89 FR 58128) and in view of Ex parte Desjardins, 2024-000567.
Claim Construction
Note that, for purposes of compact prosecution, multiple reasons for rejection may be provided for a claim or a part of the claim. The rejection reasons are cumulative, and Applicant should review all the stated reasons as guides to improving the claim language and advancing the prosecution toward an allowance.
Claims 12-14 recite “a plurality of presentation devices” a generic term (device) modified by functional language but not modified by structure or a structural term and not naming a structure readily recognized by persons of skill in the art to perform the claimed function. The limitation invokes 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph, and shall be construed to cover the corresponding structure described in the specification and equivalents thereof. Specification indicates “presentation devices 114a-c, e.g., speakers, internal lights 1 22a-b, and external lights 120. … presentation devices 114 may include personal computers, mobile communication devices, and other devices … presentation devices 114 can include one or more data processors and instructions that cause the one or more data processors to perform the operations discussed herein … ” Specification, Paragraphs 61-62. Thus, the broadest reasonable interpretation covers a broad range of output devices including general purpose computers. Also note that the claims do not comprise the structure of the presentation device, rather the claims are configured to provide commands to a presentation device such as a speaker or a computer.
"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985). See MPEP 2113(I).
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.
Broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art. In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958); M.P.E.P 2144.04(III); FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016). A claimed improvement by use of a computer requires a nexus to a particularly claimed algorithm and may not come “solely from the capabilities of a general-purpose computer.” FairWarning IP, LLC v. Iatric Sys., 839 F.3d 1089, 1095, 120 USPQ2d 1293, 1296 (Fed. Cir. 2016).
Claims 1-21 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190088096 to King (“King “) in view of US 20220157139 to Subrami (“Subrami”).
Regarding Claim 1 “A computer-implemented method comprising:
by a monitoring system that includes at least a processor and memory: (“The microprocessor [embodying a processor and memory] uses assigned, pre-programed ( or learned) algorithms” King, Paragraph 81 and similarly in Subrami, Paragraph 43.)
receiving, from one or more sensors in the monitoring system and at least one of which includes a microphone, (Note that the method is not limited to receiving data from a microphone and is not limited to a method of making a system. Cumulatively, prior art teaches: “the present invention pertains to sensors and systems using same … for identifying persons of interest in a retail store environment by identifying persons deemed relatively likely to engage in such theft,” as example attributes. See King, Paragraphs 2-4. Computer sensors commonly include “a microphone to capture sound data that is combined with image data to form video image data, etc. as is known in the art” Subrami, Paragraph 22. See statement of motivation below.)
receiving … sensor data at least some of which indicates one or more attributes of a person at a physical property; (“the present invention pertains to sensors and systems using same … for identifying persons of interest in a retail store environment by identifying persons deemed relatively likely to engage in such theft,” as example attributes. See King, Paragraphs 2-4.)
determining, using the sensor data that indicates the one or more attributes of the person [as input to an artificial intelligence model], that a likelihood that a conversation should be initiated with the person satisfies a first likelihood threshold; (Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, the likelihood is satisfied for a suspicious, unauthorized, or dangerous activity. See Specification, Paragraphs 38-39. Prior art provides such examples: “sensors and systems using same … for identifying persons of interest in a retail store environment by identifying persons deemed relatively likely to engage in such theft,” as examples of claimed events. See King, Paragraphs 2-4, 35, 165. Note that the act of identification by the system satisfies at least one threshold required to establish that specific identification by the system.)
as input to an artificial intelligence model (Note that this element describes data that can serve as an input, but the method itself is not limited to using an artificial intelligence model to perform a method step. Cumulatively, prior art teaches: “The present invention further pertains to monitoring environmental factors in a retail setting in order for a device to make intelligent decisions regarding when to provide notifications, rather than a simple reflex action of event in and notification out. … The microprocessor uses assigned, pre-programed ( or learned) algorithms …” King, Paragraphs 5, 81 and similarly in Subrami, Paragraph 4.)
determining, using first data from the sensor data, a deterrence strategy for the conversation with the person and with at least a second likelihood threshold of causing the person to leave an area within a threshold distance of the physical property; (Under the broadest reasonable interpretation consistent with the specification and ordinary skill in the art, this deterrence strategy can involve acting threatening to an intruder, such as by playing an audio recording or impersonating a conversation. See Specification Paragraphs 5, 54-55.
First note that this claim element is not limited to any specific means for automation of this typically manual activity of determining based on video and/or audio on how to conduct a conversation.
Cumulatively, prior art provides an example where: ““Upon detecting such activity, the device (herein "SmartDome") actively makes its presence known, inherently making SmartDome more threatening to a thief, since it is "aware" of suspicious behaviors, and because SmartDome brings this activity to the attention of store personnel via automated notification. … these actions raise the awareness of any nearby person(s) and are known to deter theft activity … Rapid movement of multiple items that is almost certainly indicating an in-process sweep triggers a voice message from SmartDome, such as "Recording and response are now in process" …” King, Paragraphs 4, 29, 276.)
generating, using second data from the sensor data that indicates at least one attribute of the person and the deterrence strategy for the conversation with the person and, a verbal message that is a) personalized for the person given the at least one attribute of the person and (“SmartDome outputs a tone, sound effect, and/or voice message to draw the thiefs [attribute of a person] attention and one or more lights begin flashing … 3) Audible voice response with custom messages … a. This voice response can deliver a mild or aggressive message.” King, Paragraphs 207, 259-260. For example, “Rapid movement of multiple items [first sensor data] that is almost certainly indicating an in-process sweep [second sensor data indicating a thief] triggers a voice message from SmartDome, such as "Recording and response are now in process" …” King, Paragraph 276. See determination of likelihoods above.)
b) has at least the second likelihood threshold of causing the person to leave the area within the threshold distance of the physical property; (“these actions raise the awareness of any nearby person(s) and are known to deter [i.e. within a deterrence threshold] theft activity” King, Paragraph 29. “Clearly, this communicates an immediate and escalated alert level which will cause most any thief to immediately leave.” King, Paragraph 276. See an additional treatment of thresholds below.)
providing, to a speaker, (“"Notification" as used in the present invention is a message to staff via any communication device or channel including but not limited to overhead PA speakers” King, Paragraph 68.)
a command to cause the speaker to present the verbal message that is a) personalized for the person and (“SmartDome outputs a tone, sound effect, and/or voice message to draw the thiefs [attribute of a person] attention and one or more lights begin flashing … 3) Audible voice response with custom messages … a. This voice response can deliver a mild or aggressive message.” King, Paragraphs 207, 259-260. For example, “Rapid movement of multiple items [first sensor data] that is almost certainly indicating an in-process sweep [second sensor data indicating a thief] triggers a voice message from SmartDome, such as "Recording and response are now in process" …” King, Paragraph 276. See determination of likelihoods above.)
b) has at least the second likelihood threshold of causing the person to leave the area within the threshold distance of the physical property; and” (“these actions raise the awareness of any nearby person(s) and are known to deter [i.e. within a deterrence threshold] theft activity” King, Paragraph 29. “Clearly, this communicates an immediate and escalated alert level which will cause most any thief to immediately leave.” King, Paragraph 276. See an additional treatment of thresholds below.)
in response to the speaker presenting the verbal message that is a) personalized for the person and b) has at least the second likelihood threshold of causing the person to leave the area within the threshold distance of the physical property, … receiving second sensor data at least some of which identifies one or more attributes of the person at the physical property, wherein the second sensor data comprises an audio signal encoding speech by the person.” (“taking particular actions in response to sensed conditions, such as notifying authorities ( e.g., police, fire, building management, etc.) of particular conditions, notifying a user of particular conditions, displaying an alarm (e.g., emitting siren noises and emergency lighting at the building, etc.), recording video and/or audio” and thus notification and audio recording can be performed in response to the same sensory conditions. Subrami, Paragraphs 17, 22. See statement of motivation below.)
Where necessary, King does not explicitly discuss use of thresholds when making computer determinations in the above examples, however it is well established that use of thresholds is the fundamental way by which a computer makes decisions based on data: “events that minimally define a Level 1 and a Level 2 Alarm. Risk scores can be used for other purposes, such as whether police and/or other authorities are notified automatically by a computer system, e.g., an event with a risk score over a threshold can cause notification of police before human screening,” See King, Paragraphs 94, 127, 151.
Subrami also indicates that the computer makes decisions based on scoring and thresholding the data: “Risk scores can be used for other purposes, such as whether police and/or other authorities are notified automatically by a computer system, e.g., an event with a risk score over a threshold can cause notification of police before human screening,” Subrami, Paragraphs 7, 28, 35.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to supplement the teachings of King to make computer decisions based on data by using thresholds, as taught in Subrami and other parts of King, in order for a computer to determine if the data represents a particular event. See King, Paragraphs 94, 127, 151 and Subrami, Paragraph 7.
Finally, in reviewing the present application, there does not seem to be objective evidence that the claim limitations are particularly directed to: addressing a particular problem which was recognized but unsolved in the art, producing unexpected results at the level of the ordinary skill in the art, or any other objective indicators of non-obviousness.
Regarding Claim 2: “The method of claim 1 , wherein determining that the likelihood that a conversation should be initiated with the person satisfies the first likelihood threshold comprises determining, using data from the sensor data that indicates an appearance of the person, that the likelihood that a conversation should be initiated with the person satisfies the first likelihood threshold.” (For example, “the present invention pertains to sensors and systems using same … for identifying persons of interest in a retail store environment by identifying persons deemed relatively likely to engage in such theft.” The sensors can be “video systems with real-time analytics can detect suspicious merchandise interactions” thus capturing and identifying an appearance of a person likely to engage in theft. See King, Paragraphs 2-4, 15.)
Regarding Claim 3: “The method of claim 1, wherein determining that the likelihood that a conversation should be initiated with the person satisfies the first likelihood threshold comprises determining, using data from the sensor data that indicates activities of the person, that the likelihood that a conversation should be initiated with the person satisfies the first likelihood threshold.” (For example, “the present invention pertains to sensors and systems using same … for identifying persons of interest in a retail store environment by identifying persons deemed relatively likely to engage in such theft [activity].” The sensors can be “video systems with real-time analytics can detect suspicious merchandise interactions [activities].” See King, Paragraphs 2-4, 15.)
Regarding Claim 4: “The method of claim 3, wherein the data that indicates the activities of the person comprises at least one of information about movement of the person or objects with which the person interacts.” (“reduces audio annunciation activations to only those interactions in which someone actually moves any of the displayed merchandise. This is accomplished by the mounted MAS detecting merchandise movement exceeding the defined threshold level then sending a trigger” King, Paragraph 151.)
Regarding Claim 5: “The method of claim 1, wherein determining that the likelihood that a conversation should be initiated with the person satisfies the first likelihood threshold comprises determining, using data from the sensor data that indicates a location of the person at the physical property, that the likelihood that a conversation should be initiated with the person satisfies the first likelihood threshold.” (“trigger Type 1 awareness notifications. By incorporating location awareness sensing within the MAS,” King, Paragraphs 16, 31, and similarly in Subrami, Paragraph 6. )
Regarding Claim 6: “The method of claim 1, wherein determining that the likelihood that a conversation should be initiated with the person satisfies the first likelihood threshold comprises determining, using data from the sensor data that indicates one or more objects the person is carrying, that the likelihood that a conversation should be initiated with the person satisfies the first likelihood threshold.” (“MAS detects merchandise interaction above the trigger threshold followed by three members of a booster team exiting the store carrying bags of stolen merchandise” King, Paragraph 199.)
Regarding Claim 7: “The method of claim 1, wherein determining that the likelihood that a conversation should be initiated with the person satisfies the likelihood threshold comprises: determining that the person is at least one of: not likely authorized to be at the physical property, or a person in need of assistance within a threshold distance of the physical property.” (“Methods used to declare a door opening as unauthorized, and therefore an EOI,” King, Paragraphs 165, 297.)
Regarding Claim 8: “The method of claim 1, wherein determining the deterrence strategy comprises determining, using first data from the sensor data and a deterrence model, the deterrence strategy with at least the second likelihood threshold of causing the person to leave the area within the threshold distance of the physical property.” (“the present invention is a system for identifying persons of interest in a retail store environment by identifying persons deemed relatively likely to engage in such theft based on repetitive proximity to events of interest and/or actual prior behaviors in order to promote proactive deterrence of merchandise theft,” thus indicating a deterrence model based on variables and past behaviors. King, Paragraphs 3-4, 16, 29.)
Regarding Claim 9: “The method of claim 1, comprising:
determining whether the second sensor data aligns with the deterrence strategy; and (“By incorporating location awareness sensing within the MAS, awareness notifications can also include location information. For example, a MAS in range of location beacons placed at areas one would travel to exit the store could cause the MAS to trigger a Type 2 alarm that results in notifications to store personnel and video systems” exemplifying a second deterrence strategy when compared to a Type 1 notification.. King, Paragraph 31.)
in response to determining that the second sensor data does not align with the deterrence strategy, determining, using data from the second sensor data, a second different deterrence strategy with at least the second likelihood threshold of causing the person to leave the area within the threshold distance of the physical property.” (“By incorporating location awareness sensing within the MAS, awareness notifications can also include location information. For example, a MAS in range of location beacons placed at areas one would travel to exit the store could cause the MAS to trigger a Type 2 alarm that results in notifications to store personnel and video systems” King, Paragraph 31. “for a Type 2 alarm, … Remote Annunciator may activate for a lengthier period of time or with escalated volume and content (such as a voice message)” King, Paragraph 83. “As noted previously, escalating actions ( e.g., more aggressive and/or louder sounds and lights) can be triggered for higher level alarm thresholds ( e.g., detection of a suspected sweep activity),” as an example of activity that requiring a different deterrent strategy. King, Paragraphs 235, 78.)
Regarding Claim 10: “The method of claim 9, wherein:
determining whether the second sensor data aligns with the deterrence strategy comprises determining whether the speech by the person aligns with the deterrence strategy.” (For example, “In some cases, if the camera detects a human, the camera can analyze the video data of the human in an attempt to recognize the human, e.g., by facial or voice recognition, etc.,” Subrami, Paragraph 5. “monitoring server(s) 200 may use the speaker or microphone with the outdoor camera 120 to determine that the known human visitor did not disarm the alarm system during the first delay due to an urgent medical condition. The monitoring server(s) 200 may then alert the appropriate emergency response.” Subrami, Paragraph 38. See statement of motivation in Claim 1.)
Regarding Claim 11: “The method of claim 9, wherein determining the deterrence strategy comprises providing at least some of the sensor data or the second sensor data to a security system remote from the physical property.” (“Appropriate store team, loss prevention professionals, and/or remote video monitoring personnel may then be notified in real time of the presence of such POis (and their threat rating” King, Paragraph 35. Also note an embodiment: “The video related to the event can be viewed in real time by a remote person.” King, Paragraph 102.)
Regarding Claim 12: “The method of claim 1, comprising: selecting, from a plurality of presentation devices and using a location of the person, the speaker to which to send the command.” (““Location Based Services (LBS)" as used in the present invention is a system comprising an array of sensors and beacons located in store shells for use in identifying a shopper's approximate location in the store. In conjunction with MAS, LBS can provide data on shopper interaction with specific merchandise and send relevant information to customers.” King, Paragraphs 74, 130. “Local Deterrent Alarm: Sound and/or light in proximity to the suspicious event gains the attention of nearby persons ( especially thieves, who are typically hyper alert); these local alarms may be in a variety of form factors including: Local Annunciator: Essentially a small enclosure with a speaker” King, Paragraphs 300-301.)
Regarding Claim 13: “The method of claim 12, wherein selecting the speaker comprises selecting the speaker from the plurality of presentation devices that is closest to the location of the person.” (““Location Based Services (LBS)" as used in the present invention is a system comprising an array of sensors and beacons located in store shells for use in identifying a shopper's approximate location in the store. In conjunction with MAS, LBS can provide data on shopper interaction with specific merchandise and send relevant information to customers.” King, Paragraphs 74, 130. Also note that ordinarily the closest MAS system will do the sensing and the interacting with the person under surveillance. See King, Paragraph 99. “Local Deterrent Alarm: Sound and/or light in proximity to the suspicious event gains the attention of nearby persons ( especially thieves, who are typically hyper alert); these local alarms may be in a variety of form factors including: Local Annunciator: Essentially a small enclosure with a speaker” King, Paragraphs 300-301.)
Regarding Claim 14: “The method of claim 12, wherein selecting the speaker comprises selecting the speaker from the plurality of presentation devices that satisfies a third likelihood threshold of simulating interaction with the person by an occupant of the physical property.” (See selecting the speaker that is closest to the suspicious even in King, Paragraphs 300-301. This can be automated by the ““Location Based Services (LBS)" as used in the present invention is a system comprising an array of sensors and beacons located in store shells for use in identifying a shopper's approximate location in the store. In conjunction with MAS, LBS can provide data on shopper interaction with specific merchandise and send relevant information to customers.” King, Paragraphs 74, 130. Also note that ordinarily the closest MAS system will satisfy the likelihood threshold for sensing and the interacting with the person under surveillance. See King, Paragraph 99. See treatment of thresholds in Claim 1.)
Regarding Claim 15: “The method of claim 9, further comprising: providing, to the speaker and for another person, the command to cause the speaker to present the verbal message that is a) specific to the other person and b) has at least the second likelihood threshold of causing the other person to leave the area within the threshold distance of the physical property.” (See reasons for rejection in Claim 1. This can be applied for multiple persons: “SmartDome outputs a tone, sound effect, and/or voice message to draw the thiefs [a person and at least one other person] attention and one or more lights begin flashing …” King, Paragraph 207. For example, “4) Play a specific tone or voice message over the public address system” King, Paragraph 261. See treatment of likelihoods and thresholds in Claim 1.)
Claim 16: “One or more non-transitory computer storage media encoded with instructions that, when executed by one or more computers, cause the one or more computers to: …” is rejected for reasons stated for Claim 1, and because prior art teaches: “a programmed general purpose computer and/or other data processing device along with suitable software or other operating instructions, one or more memories (including nontransient storage media that may store software and/or other operating instructions), and so on.” Subrami, Paragraph 43. See statement of motivation in Claim 1.)
Claims 17-20 are rejected for reasons stated for Claims 2, 3, 5, 6 respectively in view of the Claim 16 rejection.
Claim 21, “A system comprising one or more computers, one or more sensors at least one of which including a microphone, and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to: …” is rejected for reasons stated for Claim 1, and because prior art teaches: “a programmed general purpose computer and/or other data processing device along with suitable software or other operating instructions, one or more memories (including nontransient storage media that may store software and/or other operating instructions), and so on.” Subrami, Paragraph 43. Also note that the system can have “a microphone to capture sound data that is combined with image data to form video image data, etc. as is known in the art” Subrami, Paragraph 22. See statement of motivation in Claim 1.)
Conclusion
THIS ACTION IS MADE FINAL. 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 MIKHAIL ITSKOVICH whose telephone number is (571)270-7940. The examiner can normally be reached Mon. - Thu. 9am - 8pm.
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/MIKHAIL ITSKOVICH/Primary Examiner, Art Unit 2483
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