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 Amendment
Applicant’s amendment filed 05/27/2026 has been entered. Claims 1-20 remain pending in the application.
The claim objection to claim 15 set forth in the previous office action mailed on 01/27/2026 is withdrawn.
Response to Arguments
Applicant's arguments filed 5/27/2026 have been fully considered but they are not persuasive. Applicant contends that Phallen fails to teach determining valve opening based on real-time sensing of parameter data, a controller configured to determine an extent to which to open or to close said variable opening valve, based on real-time sensing of parameter data, or control the actuator to open or close the variable opening valve to the determined extent. Examiner respectfully disagrees. Phallen teaches sensed fluid parameter data to determine and adjust the opening of the variable flow valve. Phallen discloses that the temperature sensor takes a beverage temperature reading before each pour and the controller uses the reading to alter the volumetric flow rate (col 18, line 62 to col. 19, line 9; col. 38, lines. 40-55). In addition, Phallen in (col. 40, line 54 to col. 41, line 10) discloses reading temperature and pressure flowing through the tap, and using those readings computes flow segments, and sets the flow controller to different flow rates.
Phallen further discloses controlling the actuator to position the variable flow restriction device at a predetermined extent. The actuator 10135 moves arm 10145 and thrust plate 10140 to compress the flexible tube 10105, thereby changing the flow opening, and that withdrawal of the actuator permits the tube to return to its original position. Phallen also discloses that the variable flow control device is electronically adjustable to discrete positions through a digitally controlled actuator operating with a digital feedback device (col. 62, line 59 to col. 63, line 15). Accordingly, the actuator control, position feedback, and the discrete adjustable positions collectively disclose controlling the actuator to open or close the variable-opening valve to a predetermined extent.
Applicant further argues, that Phallen also fails to show the reconfigurable "plug-and-play" smart tap of the present invention, and that it is directed to a complex industrial dispensing apparatus designed as a purpose-built installation. Examiner respectfully disagrees. The argument imports unclaimed reconfigurable “plug-and-play” requirement in to the coupling limitation. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The amended claim requires only a coupling configured to mechanically and fluidically couple the dispensing tap either to the shank of a beverage tower or to a beverage line. Phallen expressly discloses the flow rate controller, associated actuation structure, controls, and dispensing nozzle may be integrated into a housing consisting of a “complete dispenser assembly resembling the vertical housing of a conventional dispenser (col. 10, line 63 to col. 11, line 5). It also discloses that this overall form factor is to allow the dispenser to be readily mounted in place of older dispenser without requiring significant changes to the existing drink-serving layout (col. 11, lines 6-25). The presence of a specialized subsurface nozzle does not negate this disclosure. The claim does not exclude a subsurface nozzle or require a conventional faucet outlet.
Applicant’s arguments with respect to claims 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 1 is objected to because of the following informalities: On line 10, “and configured to be
define” should read “and configured to define”.
Claim 15 is objected to because of the following informalities: On line 19, the word adjust is misspelled as “adjsuts”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 5-8, 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Phallen et al. (US 9394155) in view of Newman et al. (US 2019/0272068 A1) hereinafter “Newman”.
Regarding claim 1, Phallen discloses a system comprising: a fluid dispensing tap (col. 7, line 55 to col. 8, line 3);
a housing having a fluid path extending therethrough from an input aperture to an output aperture in a spout of said fluid dispensing the tap (col. 10, lines 40-62; Fig. 15);
a coupling configured to mechanically and fluidically couple the fluid dispensing tap to a shank of a beverage tower or to a beverage line (col. 10, lines 27-28; Fig. 12, nozzle 105 is secured to a mounting structure 1205 via a coupling nut connector 1210);
a display positioned on a user-facing surface of said housing (col. 11, line 63 to col. 12, line 3; Figs. 16-17; display 1680);
at least one sensor positioned along the fluid path and configured to generate parameter data representing a parameter of fluid flowing along the fluid path (col 19, line 62 to col. 19, line 9; col. 38, lines. 40-55; Fig. 28, sensors 2844, 2846);
a variable opening valve positioned along the fluid path and configured to define a variable area across the fluid path (col. 66, lines. 18-48; Fig. 94A variable opening valve 101000);
an actuator configured to open and close the variable opening valve (col. 66, lines. 18-48; Figs. 94B, actuator 101005); and
a controller, wherein said at least one sensor and the variable opening valve and said controller are housed internally in said housing (col. 11, lines 6-25; Figs. 7, 28; variable opening valve and sensor housed internally in the housing),
wherein said display is configured to display a beverage selection user interface (col. 11, lines 39-53; user interface 1600 with beverage selection indicia),
wherein said controller is configured to: dynamically reconfigure said beverage dispensing tap based on an error feedback loop that determines how to actuate said actuator (col. 63 lines 1-15; actuator position feedback is used to control the actuator);
receive the parameter data from said at least one sensor (col. 63 lines 1-15; in addition to actuator feedback signal pressure, temperature, and flow are received as an input by the controller);
determine an extent to which to open or to close said variable opening valve, based on real-time sensing of at least a portion of the parameter data (col. 40, line 54 to col. 41, line 10; variable control valve is controlled through several flow rates based on temperature and pressure readings);
control the said actuator to open or to close said variable opening valve to the determined extent (col. 62 , lines 59-67; col. 66, lines 18-48; actuator 10135, 101005 opens and closes the valve); and
generate an output for presentation on said display based at least partly on the parameter data (col. 11, line 63 to col. 12, line 3).
However, Phallen, does not disclose the beverage selection user interface enabling a user to input information indicating that said fluid dispensing tap is fluidically connected to a keg containing a beverage.
Newman discloses a dispensing tap with a display configured to display a beverage selection
(Para. [0069]; Fig. 9, 16, the display 912 showing beverage selection),and user interface controls enabling a user to input information indicating that the fluid dispensing tap is fluidically connected to a keg containing the beverage (para. [0057]-[0058], [0073]; Fig. 16, user interface controls 1402, 1404, 1406; the user interface is used during change out operation to specify which cartridge to use. Specifying which cartridge to connect to the dispenser implies indicating that the fluid dispensing tap is fluidically connected to the specified cartridge).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the beverage selection interface of Peters as modified by Phallen, and incorporate the teachings of Newman of using a dispensing tap with a display configured to display a beverage selection and user interface controls that enable a user to input information indicating that the fluid dispensing tap is fluidically connected to a keg containing the beverage to permit the operator to update the displayed product identity when a keg is installed or changed and would ensure that Phallen’s beverage-specific dispensing configuration corresponds to the beverage actually supplied by the tap.
Regarding claim 5, Phallen in view of Newman, discloses all limitations of claim 1. Phallen further discloses the controller is configured to output alerts or status indicators on the display in real time based on the parameter data (col. 40, lines 26-43).
Regarding claim 6, Phallen in view of Newman, discloses all limitations of claim 1. Phallen further discloses a network connectivity module configured to transmit the parameter data over a network (col. 42, lines 36-40).
Regarding claim 7, Phallen in view of Newman, discloses all limitations of claim 1. Phallen further discloses the fluid comprises beer, and wherein the controller is configured to determine the extent to which to open or close the variable opening based at least partly on a type of the beer (col. 41, lines 20-34; controller configures the dispenser based upon the brand or type of beer).
Regarding claim 8, Phallen in view of Newman, discloses all limitations of claim 1. Phallen further discloses the at least one sensor comprises a pressure sensor, temperature sensor, and flow meter (col 18, line 62 to col. 19, line 9; Fig. 28, temperature sensor 2844, pressure sensor 2846).
Regarding claim 12, Phallen in view of Newman, discloses all limitations of claim 1. Phallen further discloses wherein the controller is configured to output sensed fluid parameters, maintenance reminders, and alerts when sensed parameters indicate potential problems with a keg, beverage line, beverage, cooling system, gas pressure, draft beverage tower, or tap within a draft beverage system (col. 40, lines 26-53).
Regarding claim 13, Phallen in view of Newman, discloses all limitations of claim 1. Phallen further discloses wherein the controller is configured to identify specific problems that are likely occurring based on the sensed parameters and to recommend corrective actions to fix the problems (col. 20, lines 9-31).
Regarding claim 14, Phallen in view of Newman, discloses all limitations of claim 1. Phallen further discloses wherein the controller is configured to output alerts or status indicators on a network-equipped computing device including desktop computers, laptops, smartphones, tablets, e-readers or gaming consoles in real time based on the parameter data (col. 40, lines 26-53, col. 42, lines 36-40).
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Phallen (US 9394155) in view of in view of Newman (US 2019/0272068 A1), and in further view of McDonald et al. (WO 2017/ 105541), hereinafter “McDonald”.
Regarding claim 2, Phallen in view of Newman, discloses all the limitations of claim 1. Phallen further discloses creating foam on the poured beverage by using the cyclic activation of the nozzle plug. However, Phallen in view of Newman, does not explicitly disclose a creamer positioned along the fluid path and configured to agitate the fluid and to cause the fluid to transform from a liquid into a foam; and wherein the controller is further configured to: in response to receiving a creamer activation signal, activate the creamer to agitate the fluid.
McDonald discloses a creamer positioned along the fluid path and configured to agitate the fluid
and to cause the fluid to transform from a liquid into a foam (para. [0032]-[0033]; Fig. 1; creamer 22);and
wherein the controller is further configured to: in response to receiving a creamer activation signal, activate the creamer to agitate the fluid (para. [0040]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dispenser of Phallen in view of Newman and incorporate the teachings in Macdonald of adding creamer positioned along the fluid path and configured to agitate the fluid and to cause the fluid to transform from a liquid into a foam in response to receiving a creamer activation signal, to improve the control of foam density by controlling the bubble size of the foam so any desired foam density can be dispensed (McDonald: Para. [0052]).
Regarding claim 3, the combination of Phallen, Newman and McDonald discloses all limitations of claim 2. Phallen further discloses a variable opening valve comprises a pinch valve (col. 66, lines. 18-48;Fig. 94A, pinch valve).
McDonald further discloses a creamer comprising an ultrasonic transducer (para. [0032]-[0033]; Fig. 1; creamer 22).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of
the claimed invention, to modify the Phallen and incorporate the teachings in McDonald of using a
creamer comprising an ultrasonic transducer, to improve the control of foam density by controlling the
bubble size of the foam so any desired foam density can be dispensed (McDonald: Para. [0052]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Phallen (US 9394155) in view of in view of Newman (US 2019/0272068 A1), in view of McDonald (WO 2017/ 105541), and in further view of Hansson et al. (GB 2415763 A) hereinafter “Hansson”.
Regarding claim 4, the combination of Phallen, Newman and McDonald discloses all the limitations of claim 2. Phallen further discloses a variable opening valve comprising a mechanical valve (col. 66, lines. 18-48; Fig. 94A variable opening valve 101000). However, the combination of Phallen, Newman and McDonald does not disclose the creamer comprises an opening in the mechanical valve having a diameter of less than 1 mm.
Hansson discloses a beverage dispenser comprising a variable opening valve comprising a
mechanical valve (pg. 5, lines 1-13; Fig. 2, valve 23 with variable opening positions A, B and C) and
wherein the creamer comprises an opening in the mechanical valve having a diameter of less than 1 mm
(pg. 6, lines 1-8; small apertures 31 on valve).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dispenser of Phallen, Newman and Macdonald and incorporate the teachings in Hansson of using a mechanical valve to adjust flow and using an opening with a diameter of less than 1 mm to produce foam would merely constitute as substitution of known elements i.e. the valve of Phallen and the creamer of McDonald with another to obtain predictable results.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Phallen (US 9394155) in view of in view of Newman (US 2019/0272068 A1), and in further view of Simson (GB 2221209 A).
Regarding claim 9, the combination of Phallen and Newman discloses all limitations of claim 1. Phallen in view of Newman does not disclose at least one sensor comprising a color sensor configured to detect a color of the fluid.
Simson discloses a beer dispenser where at least one sensor comprises a color sensor configured
to detect a color of the fluid (Abstract, pg. 4, lines 29-33).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dispenser of Phallen in view of Newman and incorporate the teachings in Simson of using a color sensor configured to detect the color of the fluid as it would provide the added benefit of customizing the automated dispensing procedure depending on the type of beer being dispensed as identified by the color sensor.
Regarding claim 10, the combination of Phallen and Newman discloses all limitations of claim 1. Phallen in view of Newman does not disclose at least one sensor comprises a pH sensor configured to detect a pH of the fluid.
Simson discloses a beer dispenser where at least one sensor comprises a pH sensor configured
to detect a pH of the fluid (Abstract, pg. 4, lines 15-27).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dispenser of Phallen in view of Newman and incorporate the teachings in Simson of using a PH sensor configured to detect the PH of the fluid as it would provide the added benefit of customizing the automated dispensing procedure depending on the type of beer being dispensed as identified by the PH sensor.
Regarding claim 11, the combination of Phallen and Newman discloses all limitations of claim 1. Newman further discloses what Phallen lacks, specifically, a rotatable dial positioned around the display on an exterior of the housing (para. [0071]; Fig. 11, rotatable dial 913 around the display 912), wherein the controller (Para. [0063]; Fig. 8, controller 802) is configured to:
receive a signal representing a positioning of the rotatable dial relative to the housing (para.
[0090]-[0091]);
identify a pour volume indicated by the positioning of the rotatable dial (para. [0071]; the display shous aspects of pour mode, pour volume is an expected aspect);
update the display based at least partly on the pour volume; and identify selected user interface
options based on user rotation of the rotatable dial (para. [0071], [0079]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dispenser of Phallen in view of Newman and further incorporate the teachings in Newman of using a rotatable dial positioned around the display on an exterior of the housing, with a controller receiving signal representing a positioning of the rotatable dial relative to the housing to identify a pour volume and update the display based at least partly on the pour volume as well as identify selected user interface options based on user rotation of the rotatable dial to reduce the space that would otherwise be taken by a separate user interface and display arrangement. Providing a compact selector with integrated display would also allow for displaying various information like beer names, ABV, brewery info and other beneficial information that would improve the customer experience.
Claims 15, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Peters et al. (US 2014/0263447 A1), hereinafter “Peters”, in view of in view of Phallen (US 9394155).
Regarding claim 15, peters discloses a networked draft beverage system (para. [0031], Fig. 1) comprising:
a server (para. [0033]; Fig. 1, server 126) comprising:
a data repository configured to store pouring instructions for a beverage (para. [0036]; Fig. 1, data repository 128A); and
a module configured to connect said server to a network and transmit the pouring instructions to a designated fluid dispensing tap (para. [0044]; Fig. 1, server 126 in communication with network 104); and
a fluid dispensing tap remote from said server and configured for pouring the beverage, the fluid dispensing tap comprising (para. [0044]; Fig. 1; Fluid dispenser 102A with tap 124 remote from server):
a controller (para. [0047]; Fig. 1, controller 106) configured to:
receive the pouring instructions over the network (para. [0047]; controller 106 communicates with server 126 to obtain pouring instructions); and
during pouring of the beverage, control the actuator to open or to close a valve based on the received pouring instructions (para. [0047]; processor 106 operates valve 122 using information from server to dispense beverage).
Peters does not disclose a housing having a fluid path extending therethrough from an input aperture to an output aperture in a spout of said fluid dispensing tap;
a variable opening valve positioned along the fluid path and configured to define a variable area across the fluid path;
an actuator configured to open and to close the variable opening valve; and
wherein the pouring instructions comprise a multi-stage pouring profile that dynamically adjusts a flow rate of said variable opening valve specific to a beverage dispensing tap and a length of a beverage line.
Phallen discloses a beverage dispenser for dispensing carbonated beverages with a housing having a fluid path extending therethrough from an input aperture to an output aperture in a spout of said fluid dispensing tap (col. 10, lines 40-62; Fig. 15);
a variable opening valve positioned along the fluid path and configured to define a variable area across the fluid path (col. 66, lines. 18-48; Fig. 94A variable opening valve 101000);
an actuator configured to open and to close the variable opening valve (col. 66, lines. 18-48; Figs. 94B, actuator 101005); and
wherein the pouring instructions comprise a multi-stage pouring profile that dynamically adjusts a flow rate of said variable opening valve specific to a beverage dispensing tap and a length of a beverage line (col. 40, line 54 to col. 41 line 34; col. 41, lines 43-63; flow rate is dynamically adjusted by computing one or more partitioned flow segments bases on senses parameters by controlling the adjustable volumetric flowrate device. Beer dispensing operations are based on diverse variables including beer brand, type of nozzle, type of variable flow control device and geometry of the beer flow pathway and associated flow components).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dispenser of Peters and incorporate the teachings in Phallen of using a variable opening valve with an actuator and implementing a multi-stage pouring profile that dynamically adjusts a flow rate of said variable opening valve specific to a beverage dispensing tap and a length of a beverage line to improve the quality of dispensed carbonated beverage by adjusting the flowrate and flow characteristics to control foaming to the desired level (Phallen: col. 1, lines 26-47).
Regarding claim 17, Peters and Phallen, in combination, discloses all limitations of claim 15. Peters further discloses said server is configured to store data representing an inventory of a plurality of beverages served at a venue of said fluid dispensing tap; and (para. [0036]; product information correlated with data in databases 128A-128C for identification); and
send pouring instructions to said fluid dispensing tap for pouring each of the plurality of beverages. (Para. [0047]; controller 106 operates tap using information from server to dispense
beverage).
Regarding claim 18, Peters and Phallen, in combination, disclose all limitations of claim 15. Peters further discloses said controller is configured to store the pouring instructions for each of the plurality of beverages (para. [0047]; Fig. 1, controller has a local memory 110);
said fluid dispensing tap having a display configured to display a beverage selection user interface (para. [0047]; Fig. 1, display 112 to show beverage selection and accept selection input using buttons);
said fluid dispensing tap having user interface controls enabling a user to make selections from the user interface (para. [0047]; Fig. 1, display 112 to show beverage selection and accept selection input using buttons); and
said controller is configured to (para. [0047]; Fig. 1, controller 106):
cause the display to present, in the beverage selection user interface, a list of the plurality of beverages in the beverage selection user interface (para. [0047]; Fig. 1, control 106 facilitating user selection via display 112); and
configure said fluid dispensing tap to pour the beverage according to the stored pouring instructions associated with the beverage in response to receiving user input selecting the beverage from the list (para. [0047]; processor 106 operates tap using information from server to dispense beverage).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Peters (US 2014/0263447 A1), in view of in view of Phallen (US 9394155), and in further view of Newman (US 2019/0272068).
Regarding claim 16, Peters and Phallen discloses all limitations of claim 15. Peters further discloses said fluid dispensing tap has a display configured to display a beverage selection user interface and user interface controls enabling a user to input information (para. [0047]; Fig. 1, display 112 to show beverage selection and accept selection input using buttons), and
wherein said controller is configured to send the information to the server with a request for the pouring instructions (para. [0047]; controller 106 communicates with server 126 to obtain pouring instructions).
However, Peters as modified by Phallen, does not disclose said dispensing tap including a display
configured to display a beverage selection user interface and user interface controls enabling a user to input information indicating that said fluid dispensing tap is fluidically connected to a keg containing the beverage.
Newman discloses a dispensing tap with a display configured to display a beverage selection
(Para. [0069]; Fig. 9, 16, the display 912 showing beverage selection),and user interface controls enabling a user to input information indicating that the fluid dispensing tap is fluidically connected to a keg containing the beverage (para. [0057]-[0058], [0073]; Fig. 16, user interface controls 1402, 1404, 1406; the user interface is used during change out operation to specify which cartridge to use. Specifying which cartridge to connect to the dispenser implies indicating that the fluid dispensing tap is fluidically connected to the specified cartridge).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the beverage selection interface of Peters as modified by Phallen, and incorporate the teachings of Newman of using a dispensing tap with a display configured to display a beverage selection and user interface controls that enable a user to input information indicating that the fluid dispensing tap is fluidically connected to a keg containing the beverage to permit the operator to update the displayed product identity when a keg is installed or changed and would ensure that Phallen’s beverage-specific dispensing configuration corresponds to the beverage actually supplied by the tap.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable Peters (US 2014/0263447 A1), in view of in view of Phallen (US 9394155), and in further view of Metropulos et al. (US 2012/0158173 A1), hereinafter “Metropulos”.
Regarding claim 19, Peters and Phallen discloses all limitations of claim 15. Peters as modified by
Phallen, does not disclose the pouring instructions are configurable by a producer that produces the beverage or a distributor of the beverage, and wherein the server is configured to receive the pouring instructions from the producer or the distributor over the network.
Metropulos discloses a dispenser where the pouring instructions are configurable by a producer
that produces the beverage or a distributor of the beverage, and wherein the server is configured to receive the pouring instructions from the producer or the distributor over the network (para. 0035; pouring schema may be preprogrammed by a system manager, an operator, or by another individual).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Metropulos to Peters as modified by Phallen, of having the pouring instructions being configurable by an individual that has intimate knowledge of the characteristics of the beverage dispensed would allow for a more accurate calibration and improve the pouring accuracy. Receiving instructions over a network would also be possible as the system Peters is already configured to send and receive instructions over the network.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Peters (US 2014/0263447 A1), in view of in view of Phallen (US 9394155), and in further view of Nicol et al. (US 9499387), hereinafter “Nicol”.
Regarding claim 20, Peters in view of Phallen, discloses all limitations of claim 15. Peters further discloses a mobile device configured with an application that allows a user to identify the beverage that is fluidically connected to the fluid dispensing tap and to send information regarding the beverage to the server (para. [0036]; Fig. 1; reader/scanner 118A; product ingredient package, can be read, scan, or identified from a serial number or identification code associated with the product ingredient package).
Peters as modified by Phallen, does not disclose the server is configured to: identify that the beverage is not represented in the data repository;
identify the pouring instructions based on pouring instructions for another beverage analogous to the beverage or based on default pouring instructions for a style of the beverage; and update the data repository to include the beverage.
Nicol discloses a server is configured to: identify that the beverage is not represented in the data repository (col. 9, lines 12-30; Fig. 2, server 102);
identify the pouring instructions based on pouring instructions for another beverage analogous to the beverage or based on default pouring instructions for a style of the beverage (col. 9, lines 12-30); and
update the data repository to include the beverage (col. 9, lines 12-30; creating new beverage for inclusion in the predefined list of beverages).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the teachings of Nicol to Peters as modified by Phallen, of identifying that the beverage is not represented in the data repository, identify the pouring instructions based on pouring instructions for another beverage analogous to the beverage or based on default pouring instructions for a style of the beverage, and update the data repository to include the beverage as it would allow the system to continue operation during request of unfamiliar beverage and avoid service interruption that would lead to financial loss.
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 TEMESGEN M. MARU whose telephone number is (571)272-0039. The examiner can normally be reached Monday -Friday 8:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at (571)270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TEMESGEN M. MARU/ Patent Examiner, Art Unit 3655
/JACOB S. SCOTT/ Supervisory Patent Examiner, Art Unit 3655
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