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 ..
In response to Applicant’s claims filed on January 05, 2026 claims 1-2, 5-12, 15-20 are now pending for examination in the application.
Response to Arguments
This office action is in response to amendment filed 01/05/2026. In this action Claim(s) 1-2, 5-12, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy et al. (US Pub. No. 20220366486) and Gordon III (US Pub. No. 11625783) in further view of James et al. (US Pub. No. 20220253842). The James et al. reference has been added to include invoking, by the one or more processors, the first proxy contract on the blockchain using the second address of the first proxy contract, causing the blockchain network to execute the first proxy contract to:
retrieve, using the beacon contract via the first address of the beacon contract, a third address of the implementation contract corresponding to the first token type;
invoke the implementation contract using the third address to perform an operation corresponding to the first token type.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-2, 5-12, 15-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 1-2, 5-12, 15-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The judicial exception is not integrated into a practical application. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. The eligibility analysis in support of these findings is provided below, in accordance with the 2019 Revised Patent Subject Matter Eligibility Guidance, hereinafter 2019 PEG.
Step 1. In accordance with Step 1 of the eligibility inquiry (as explained in MPEP 2106), it is noted that the system and methods of claims 1-20 are directed to one of the eligible categories of subject matter and therefore satisfy Step 1.
Step 2A. In accordance with Step 2A, prong one of the 2019 PEG, it is noted that the independent claims recite an abstract idea falling within the mathematical concepts and mental processes enumerated groupings of abstract ideas set forth in the 2019 PEG. Examiner is of the position that independent claims 1 and 11 are directed towards the Mathematical Concepts and Mental Process Grouping of Abstract Ideas.
Independent claim 1 and 11 recites the following limitations directed towards a Mental Processes:
invoking
determine that the list of the plurality of implementation contracts includes an implementation contract corresponding to the first token type (The limitation recites a mental process of observation, evaluation, judgement, and/or opinion capable of being performed by the human mind by determining a contract);
generate, on the blockchain responsive to the determination, the first proxy contract comprising a first address of the beacon contract (The limitation recites a mental process of observation, evaluation, judgement, and/or opinion capable of being performed by the human mind by generating a contract); and
invoking, by the one or more processors, the first proxy contract on the blockchain using the second address of the first proxy contract, causing the blockchain network to execute the first proxy contract to:
invoke the implementation contract using the third address to perform an operation corresponding to the first token type (The limitation recites a mental process of observation, evaluation, judgement, and/or opinion capable of being performed by the human mind by invoking a contract).
Step 2A. In accordance with Step 2A, prong two of the 2019 PEG, the judicial exception is not integrated into a practical application because of the recitation in claim(s) 1 and 11:
one or more processors coupled to non-transitory memory (i.e., as a generic processor performing a generic computer function), the one or more processors configured to:
providing, by one or more processors coupled to memory, on a blockchain of a blockchain network, a beacon contract configured to (i) deploy proxy contracts in response to corresponding requests and (ii) maintain a list of a plurality of implementation contracts stored on the blockchain, each implementation contract corresponding to a respective token type (recites insignificant extra solution activity that amounts to providing a contract);
provide, on the blockchain, a second address of the first proxy contract in response to the request (recites insignificant extra solution activity that amounts to providing an address);
retrieve, using the beacon contract via the first address of the beacon contract, a third address of the implementation contract corresponding to the first token type (recites insignificant extra solution activity that amounts to retrieving data).
Step 2B. Similar to the analysis under 2A Prong Two, the claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception. Because the additional elements of the independent claims amount to insignificant extra solution activity and/or mere instructions, the additional elements do not add significantly more to the judicial exception such that the independent claims as a whole would be patent eligible.
Therefore, independent claims 1 and 11 are rejected under 35 U.S.C. 101.
With respect to claim(s) 2 and 12:
Step 2A, prong one of the 2019 PEG:
Examiner is of the position the dependent claim is directed toward additional elements.
Step 2A Prong Two Analysis:
storing, by the one or more processors, the second address of the first proxy contract in a storage system different from the blockchain (recites insignificant extra solution activity that amounts to storing an address).
Step 2B Analysis:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
With respect to claim(s) 5 and 15:
select an identifier of the implementation contract corresponding to the first token type from the list of the plurality of implementation contracts (The limitation recites a mental process of observation, evaluation, judgement, and/or opinion capable of being performed by the human mind by selecting an identifier).
Step 2A Prong Two Analysis:
wherein retrieving the third address of the implementation contract (recites insignificant extra solution activity that amounts to retrieving address data) corresponding to the first token type causes the blockchain network to: provide the identifier of the implementation contract corresponding to the first token type as the third address of the implementation contract (recites insignificant extra solution activity that amounts to providing identifying data).
Step 2B Analysis:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
With respect to claim(s) 6 and 16:
wherein the second request causes the blockchain network to replace the identifier of the implementation contract corresponding to the first token type with the identifier of the additional implementation contract (The limitation recites a mental process of observation, evaluation, judgement, and/or opinion capable of being performed by the human mind by replacing an identifier).
Step 2A Prong Two Analysis:
providing, by the one or more processors, a second request to update the implementation contract corresponding to the first token type, the second request comprising an identifier of an additional implementation contract,
Step 2B Analysis:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
With respect to claim(s) 7 and 17:
comprising invoking, by the one or more processors, the first proxy contract on the blockchain using the second address of the first proxy contract,
Step 2A Prong Two Analysis:
Step 2B Analysis:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
With respect to claim(s) 8 and 18:
further comprising causing, by the one or more processors, generation of a token having the first token type by invoking the implementation contract corresponding to the first token type via a second request identifying the first proxy contract (The limitation recites a mental process of observation, evaluation, judgement, and/or opinion capable of being performed by the human mind by generating a token).
Step 2A Prong Two Analysis:
This judicial exception is not integrated into a practical application because there are no
additional elements to provide practical application.
Step 2B Analysis:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
With respect to claim(s) 9 and 19:
Examiner is of the position the dependent claim is directed toward additional elements.
Step 2A Prong Two Analysis:
upon receiving confirmation that the token has been generated (recites insignificant extra solution activity that amounts to data gathering);
storing, by the one or more processors, a set of metadata corresponding to the token in a storage system different from the blockchain (recites insignificant extra solution activity that amounts to storing data).
Step 2B Analysis:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
With respect to claim(s) 10 and 20:
determining, by the one or more processors, that the first proxy contract has been deployed on the blockchain (The limitation recites a mental process of observation, evaluation, judgement, and/or opinion capable of being performed by the human mind by determining deployment).
Step 2A Prong Two Analysis:
providing, by the one or more processors, an indication that the first proxy contract has been deployed on the blockchain, the indication comprising the second address of the first proxy contract (recites insignificant extra solution activity that amounts to providing contract data).
Step 2B Analysis:
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. The claim is not patent eligible.
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.
Claim(s) 1-2, 5-12, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy et al. (US Pub. No. 20220366486) and Gordon III (US Pub. No. 11625783) in further view of James et al. (US Pub. No. 20220253842).
With respect to claim 1, McCoy et al. teaches a method, comprising:
providing, by one or more processors coupled to memory, on a blockchain of a blockchain network, a beacon contract configured to (i) deploy proxy contracts in response to corresponding requests and (ii) maintain a list of a plurality of implementation contracts stored on the blockchain, each implementation contract corresponding to a respective token type (Paragraph 194 discloses platform 1840 invokes a beacon contract (e.g., via an admin account) to establish the auction. Of course, the platform 1840 can utilize other steps or operations. For example, the platform 1840 can cause an auction beacon to internally deploy a smart contract for the auction, which causes a token to be minted);
invoking, by the one or more processors, the beacon contract based on a request to deploy a first proxy contract, the first proxy contract corresponding to processing of a first token type (Paragraph 194 discloses platform 1840 invokes a beacon contract (e.g., via an admin account) to establish the auction. Of course, the platform 1840 can utilize other steps or operations. For example, the platform 1840 can cause an auction beacon to internally deploy a smart contract for the auction, which causes a token to be minted), the invocation of the beacon contract causing the blockchain network to:
determine that the list of the plurality of implementation contracts includes an implementation contract corresponding to the first token type (Paragraph 188 discloses the beacon can internally deploy a smart contract for an auction, pointing to an implementation contract and Paragraph 189 discloses a migration contract can be utilized to run scripts that modify current contracts and/or utilized to deploy new implementations of other contracts (e.g., Buy Now) and update auction beacons so all contracts successfully updated). McCoy et al. does not explicitly disclose generate, on the blockchain responsive to the determination, the first proxy contract comprising a first address of the beacon contract.
However, Gordon III teaches generate, on the blockchain responsive to the determination, the first proxy contract comprising a first address of the beacon contract (Column 29 Lines 1-31 discloses A proxy contract includes a unique contract address, a unique address of the proxy owner, a unique address of the company X, contract data which is being proxied, and terms to act on the proxy contract and party A can represent party B for participating on the immutable ledger-based tokenized securities platform. The proxy contract allows for ownership to be exchanged on specific contract terms being met or contract completion (all the terms are met)); and
provide, on the blockchain, a second address of the first proxy contract in response to the request (Column 29 Lines 1-31 discloses A proxy contract includes a unique contract address, a unique address of the proxy owner, a unique address of the company X, contract data which is being proxied, and terms to act on the proxy contract and party A can represent party B for participating on the immutable ledger-based tokenized securities platform. The proxy contract allows for ownership to be exchanged on specific contract terms being met or contract completion (all the terms are met)); and
Therefore, it would have been obvious before the effective filing data of invention was made to a person having ordinary skill in the art to modify McCoy et al. with Gordon III. This would have facilitated management and upgrades for smart contracts. See Gordon III Column 3 Lines 58-67.
The McCoy et al. reference as modified by Gordon III does not disclose invoking, by the one or more processors, the first proxy contract on the blockchain using the second address of the first proxy contract, causing the blockchain network to execute the first proxy contract to:
retrieve, using the beacon contract via the first address of the beacon contract, a third address of the implementation contract corresponding to the first token type.
However, James et al. teaches invoking, by the one or more processors, the first proxy contract on the blockchain using the second address of the first proxy contract, causing the blockchain network to execute the first proxy contract to:
retrieve, using the beacon contract via the first address of the beacon contract, a third address of the implementation contract corresponding to the first token type (Paragraph 17 discloses sending, from the second portable memory device using the digital asset token issuer system, via the blockchain network, the third digitally signed transaction request to the third contract address); and
invoke the implementation contract using the third address to perform an operation corresponding to the first token type (Paragraph 17 discloses providing second smart contract instructions associated with a second smart contract associated with the digital asset token associated with the second contract address associated with the blockchain associated with the underlying digital asset).
Therefore, it would have been obvious before the effective filing data of invention was made to a person having ordinary skill in the art to modify McCoy et al. and Gordon III with James et al. This would have facilitated management and upgrades for smart contracts. See James et al. Paragraphs 8-10.
The McCoy et al. reference as modified by Gordon III and James et al. teaches all the limitations of claim 1. With respect to claim 2, Gordon III discloses the method of claim 1, further comprising:
storing, by the one or more processors, the second address of the first proxy contract in a storage system different from the blockchain (Column 29 Lines 1-31 discloses A proxy contract includes a unique contract address, a unique address of the proxy owner, a unique address of the company X, contract data which is being proxied, and terms to act on the proxy contract. Terms of the proxy contract include a time the proxy contract is signed, renewals, terminations, and methods to act on the contract data. The methods to act on the contract data includes but not limited to changing ownership from the contract originating party to another party (e.g., company X) by changing the proxy owner unique identifier to company X). The motivation to combine statement previously provided in the rejection of dependent claim 2 provided above, combining the McCoy et al. reference and the Gordon III reference is applicable to independent claim 1.
The McCoy et al. reference as modified by Gordon III and James et al. teaches all the limitations of claim 1. With respect to claim 5, Gordon III discloses the method of claim 1, wherein retrieving the third address of the implementation contract corresponding to the first token type causes the blockchain network to:
select an identifier of the implementation contract corresponding to the first token type from the list of the plurality of implementation contracts (Paragraph 37 discloses access and retrieve certain information associated with the uploaded content, such as rights information, ownership information, licensing or purchasing information, unique identifiers, provenance information, and so on); and
provide the identifier of the implementation contract corresponding to the first token type as the third address of the implementation contract (Paragraph 155 discloses representing a content management specific identifier for the version of the contract (e.g., version “00”) 1460). The motivation to combine statement previously provided in the rejection of dependent claim 5 provided above, combining the McCoy et al. reference and the Gordon III reference is applicable to dependent claim 1.
The McCoy et al. reference as modified by Gordon III and James et al. teaches all the limitations of claim 1. With respect to claim 6, McCoy et al. discloses the method of claim 1, further comprising:
providing, by the one or more processors, a second request to update the implementation contract corresponding to the first token type, the second request comprising an identifier of an additional implementation contract,
wherein the second request causes the blockchain network to replace the identifier of the implementation contract corresponding to the first token type with the identifier of the additional implementation contract (Paragraph 188=189 discloses an auction mechanism utilized to create new auctions, the beacon can internally deploy a smart contract for an auction, pointing to an implementation contract. In some cases, the beacon is only invoked by a contract administrator (e.g., providing security), and can implement access controls (e.g., what admins or users (or associated digital wallets) can access or modify the auction; C. Migration Contracts—Built in from Truffle (or other development applications), a migration contract can be utilized to run scripts that modify current contracts and/or utilized to deploy new implementations of other contracts (e.g., Buy Now) and update auction beacons so all contracts successfully updated)
The McCoy et al. reference as modified by Gordon III and James et al. teaches all the limitations of claim 6. With respect to claim 7, Gordon III discloses the method of claim 6, further comprising invoking, by the one or more processors, the first proxy contract on the blockchain using the second address of the first proxy contract, causing the blockchain network to retrieve the identifier of the additional implementation contract via the beacon contract (Column 29 Lines 1-31 discloses A proxy contract includes a unique contract address, a unique address of the proxy owner, a unique address of the company X, contract data which is being proxied, and terms to act on the proxy contract. Terms of the proxy contract include a time the proxy contract is signed, renewals, terminations, and methods to act on the contract data. The methods to act on the contract data includes but not limited to changing ownership from the contract originating party to another party (e.g., company X) by changing the proxy owner unique identifier to company X). The motivation to combine statement previously provided in the rejection of dependent claim 7 provided above, combining the McCoy et al. reference and the Gordon III reference is applicable to dependent claim 6.
The McCoy et al. reference as modified by Gordon III and James et al. teaches all the limitations of claim 1. With respect to claim 8, McCoy et al. discloses the method of claim 1, further comprising causing, by the one or more processors, generation of a token having the first token type by invoking the implementation contract corresponding to the first token type via a second request identifying the first proxy contract (Paragraph 174 discloses the technology invokes an NFT to mint a new token 1630. The platform passes associated NFT parameters (e.g., token URI, owner address or wallet, other metadata) as well as additional parameters for documents that should be associated with the NFT, such as an associated real-world legal contract, information identifying originals of the NFT (e.g., source location information such as IPFS or another file sharing system)).
The McCoy et al. reference as modified by Gordon III and James et al. teaches all the limitations of claim 8. With respect to claim 9, McCoy et al. discloses the method of claim 8, further comprising:
upon receiving confirmation that the token has been generated, storing, by the one or more processors, a set of metadata corresponding to the token in a storage system different from the blockchain (Paragraph 193 discloses the auction platform 1840 creates or generates metadata for the NFT (e.g., using JSON) and uploads the metadata to the source location. For example, the platform 1840 can generate metadata associated with the digital content item and store the metadata as tokenURI data).
The McCoy et al. reference as modified by Gordon III and James et al. teaches all the limitations of claim 1. With respect to claim 10, Gordon III discloses the method of claim 1, further comprising:
determining, by the one or more processors, that the first proxy contract has been deployed on the blockchain (Column 29 Lines 1-31 discloses A proxy contract includes a unique contract address, a unique address of the proxy owner, a unique address of the company X, contract data which is being proxied, and terms to act on the proxy contract. Terms of the proxy contract include a time the proxy contract is signed, renewals, terminations, and methods to act on the contract data. The methods to act on the contract data includes but not limited to changing ownership from the contract originating party to another party (e.g., company X) by changing the proxy owner unique identifier to company X); and
providing, by the one or more processors, an indication that the first proxy contract has been deployed on the blockchain, the indication comprising the second address of the first proxy contract (Column 29 Lines 1-31 discloses A proxy contract includes a unique contract address, a unique address of the proxy owner, a unique address of the company X, contract data which is being proxied, and terms to act on the proxy contract. Terms of the proxy contract include a time the proxy contract is signed, renewals, terminations, and methods to act on the contract data. The methods to act on the contract data includes but not limited to changing ownership from the contract originating party to another party (e.g., company X) by changing the proxy owner unique identifier to company X). The motivation to combine statement previously provided in the rejection of dependent claim 10 provided above, combining the McCoy et al. reference and the Gordon III reference is applicable to independent claim 1.
With respect to claim 11, McCoy et al. teaches a system, comprising:
one or more processors (Paragraph 45 discloses a processor) coupled to non-transitory memory, the one or more processors configured to:
provide, on a blockchain of a blockchain network, a beacon contract configured to (i) deploy proxy contracts in response to corresponding requests and (ii) maintain a list of a plurality of implementation contracts stored on the blockchain, each implementation contract corresponding to a respective token type (Paragraph 194 discloses platform 1840 invokes a beacon contract (e.g., via an admin account) to establish the auction. Of course, the platform 1840 can utilize other steps or operations. For example, the platform 1840 can cause an auction beacon to internally deploy a smart contract for the auction, which causes a token to be minted);
invoke the beacon contract based on a request to deploy a first proxy contract, the first proxy contract corresponding to processing of a first token type (Paragraph 194 discloses platform 1840 invokes a beacon contract (e.g., via an admin account) to establish the auction. Of course, the platform 1840 can utilize other steps or operations. For example, the platform 1840 can cause an auction beacon to internally deploy a smart contract for the auction, which causes a token to be minted), the invocation of the beacon contract causing the blockchain network to:
determine that the list of the plurality of implementation contracts includes an implementation contract corresponding to the first token type (Paragraph 188 discloses the beacon can internally deploy a smart contract for an auction, pointing to an implementation contract and Paragraph 189 discloses a migration contract can be utilized to run scripts that modify current contracts and/or utilized to deploy new implementations of other contracts (e.g., Buy Now) and update auction beacons so all contracts successfully updated). McCoy et al. does not explicitly disclose generate, on the blockchain responsive to the determination, the first proxy contract comprising a first address of the beacon contract.
However, Gordon III teaches generate, on the blockchain responsive to the determination, the first proxy contract comprising a first address of the beacon contract (Paragraph 188 discloses the beacon can internally deploy a smart contract for an auction, pointing to an implementation contract and Paragraph 189 discloses a migration contract can be utilized to run scripts that modify current contracts and/or utilized to deploy new implementations of other contracts (e.g., Buy Now) and update auction beacons so all contracts successfully updated); and
provide, on the blockchain, a second address of the first proxy contract in response to the request (Column 29 Lines 1-31 discloses A proxy contract includes a unique contract address, a unique address of the proxy owner, a unique address of the company X, contract data which is being proxied, and terms to act on the proxy contract and party A can represent party B for participating on the immutable ledger-based tokenized securities platform. The proxy contract allows for ownership to be exchanged on specific contract terms being met or contract completion (all the terms are met)).
Therefore, it would have been obvious before the effective filing data of invention was made to a person having ordinary skill in the art to modify McCoy et al. with Gordon III. This would have facilitated management and upgrades for smart contracts. See Gordon III Column 3 Lines 58-67.
The McCoy et al. reference as modified by Gordon III does not disclose invoking, by the one or more processors, the first proxy contract on the blockchain using the second address of the first proxy contract, causing the blockchain network to execute the first proxy contract to:
retrieve, using the beacon contract via the first address of the beacon contract, a third address of the implementation contract corresponding to the first token type.
However, James et al. teaches invoking, by the one or more processors, the first proxy contract on the blockchain using the second address of the first proxy contract, causing the blockchain network to execute the first proxy contract to:
retrieve, using the beacon contract via the first address of the beacon contract, a third address of the implementation contract corresponding to the first token type (Paragraph 17 discloses sending, from the second portable memory device using the digital asset token issuer system, via the blockchain network, the third digitally signed transaction request to the third contract address); and
invoke the implementation contract using the third address to perform an operation corresponding to the first token type (Paragraph 17 discloses providing second smart contract instructions associated with a second smart contract associated with the digital asset token associated with the second contract address associated with the blockchain associated with the underlying digital asset).
Therefore, it would have been obvious before the effective filing data of invention was made to a person having ordinary skill in the art to modify McCoy et al. and Gordon III with James et al. This would have facilitated management and upgrades for smart contracts. See James et al. Paragraphs 8-10.
With respect to claim 12, it is rejected on grounds corresponding to above rejected claim 2, because claim 12 is substantially equivalent to claim 2.
With respect to claim 15, it is rejected on grounds corresponding to above rejected claim 5, because claim 15 is substantially equivalent to claim 5.
With respect to claim 16, it is rejected on grounds corresponding to above rejected claim 6, because claim 16 is substantially equivalent to claim 6.
With respect to claim 17, it is rejected on grounds corresponding to above rejected claim 7, because claim 17 is substantially equivalent to claim 7.
With respect to claim 18, it is rejected on grounds corresponding to above rejected claim 8, because claim 18 is substantially equivalent to claim 8.
With respect to claim 19, it is rejected on grounds corresponding to above rejected claim 9, because claim 19 is substantially equivalent to claim 9.
With respect to claim 20, it is rejected on grounds corresponding to above rejected claim 10, because claim 20 is substantially equivalent to claim 10.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US PG-Pub. No. 20190164136 is directed to BEACON NETWORK WITH ENTERPRISE SMART CONTRACTS HAVING A CENTRALIZED LEDGER: [0056] the beacon contract binding is created when a contract begins the negotiation process between counterparties, offers and bids. In some examples, the ESC Contract Identifier remains the same throughout the lifetime of the ESC. A major version change is a version change that requires all counterparties to the ESC to agree to the change. A minor version change is a version change that require only the counterparties to a particular sub-contract of the ESC to agree to the changer.
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.
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/N.E.A/Examiner, Art Unit 2154
/SYED H HASAN/Primary Examiner, Art Unit 2154