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 .
Acknowledgment is made of the amendment filed June 16, 2026. The application has been updated accordingly.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-8, 13, 21-22 and 24-28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meyers et al. (2008/0053751) hereinafter Meyers.
Meyers discloses:
Claim 1: A ladder system comprising:
a ladder including a first ladder unit (Fig. 5; 42), a second ladder unit (Fig. 5; 38), and a mode-changing hinge (Fig. 5; 40) interconnecting the first ladder unit and the second ladder unit (Fig. 5; 38 and 42 are interconnected by 40), the first ladder unit and the second ladder unit each coupled to the mode-changing hinge for pivotable movement relative to one another about a hinge pivot axis to change the ladder from a step-ladder mode (Fig. 5; Para. [0036]), in which the first ladder unit and the second ladder unit extend upwardly away from underlying ground and toward one another to form an included angle therebetween, and a straight-ladder mode (Fig. 4; Para. [0036]), in which the first ladder unit and the second ladder unit are arranged along a substantially straight line such that one of the first ladder unit and the second ladder unit is supported above the underlying ground when the ladder is leaned against a structure (Fig. 4; Para. [0036]),
a tray (Fig. 1; 18) configured to be attached to the first ladder unit (Fig. 5; 18 is attached to 42) or the second ladder unit (Fig. 4; 18 is attached to 38), and
a mode-independent attachment unit (Fig. 7; 54) configured to provide mount means for detachably coupling the tray to a step (Fig. 1; 14, Para. [0029]) included in the first ladder unit or the second ladder unit to fix the tray relative to the ladder in a horizontal orientation substantially parallel to the underlying ground and along either of a forward side or a rearward side of the first ladder unit or the second ladder unit when the ladder is in the step-ladder mode or the straight-ladder mode so that the tray can be relocated along the first ladder unit or the second ladder unit and can extend forwardly or rearwardly to support items in a desired position for use when the ladder is in either of the step-ladder mode and the straight-ladder mode (Fig. 4-5; Para. [0029]),
wherein the mode-independent attachment unit includes a hanger hook (Fig. 9; see detail) fixed to the tray and a retainer latch (Fig. 9; see detail) spaced apart from the hanger hook and coupled to the tray for pivotable movement about a latch-pivot axis (Fig. 9; at 78) relative to the hanger hook and the tray during installation and removal of the tray from the ladder (Fig. 9; Para. [0043]).
Claim 2: The ladder system of claim 1, wherein the retainer latch includes a latch body (Fig. 9; see detail) extending downwardly from the tray and a latch connector (Fig. 9; 78) that defines the latch-pivot axis (Fig. 9; at 78) and couples the latch body to the tray (Fig. 9; via 78), the latch connector coupled to the tray in rotating bearing engagement to allow the latch body to rotate about the latch-pivot axis relative to the hanger hook and the tray, and wherein the latch body is pivotable (Fig. 9; via the pivotal movement at 78) between a normally locked position in which the latch body of the retainer latch is spaced from the hanger hook a first distance and configured to block movement of the tray relative to the ladder and a release position in which the latch body of the retainer latch is spaced a second distance from the hanger hook in response to upward pivoting movement of the tray relative to the ladder (Fig. 9; Para. [0043]).
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Claim 3: The ladder system of claim 2, wherein the mode-independent attachment unit further includes biasing means (Fig. 9; 64/66) configured to urge the retainer latch toward the hanger hook to the normally locked position (Fig. 9; 64/66, Para. [0043]).
Claim 4: The ladder system of claim 2, wherein the step included in the first ladder unit or the second ladder unit includes a first catch (Fig. 9; see detail) and a second catch (Fig. 9; see detail, Para. [0043]), the first catch engages the hanger hook while the ladder is in the step-ladder mode and the second catch engages the retainer latch while the ladder is in the step-ladder mode (Fig. 8; Para. [0043]).
Claim 5: The ladder system of claim 4, wherein the step included in the first ladder unit or the second ladder unit includes a third catch (Fig. 9; see detail) and a fourth catch (Fig. 9; see detail, once the second ladder unit is inverted, as shown in Fig. 4, 94 lower becomes the upper catch), the third catch engages the hanger hook while the ladder is in the straight-ladder mode and the fourth catch engages the retainer latch while the ladder is in the straight-ladder mode (Fig. 9; see detail).
Claim 6: The ladder system of claim 4, wherein the hanger hook includes a hanger mount (Fig. 9; see detail) coupled to the tray, a hanger body (Fig. 9; see detail) extending downwardly from the hanger mount and toward the retainer latch (Fig. 9; see detail), and a hanger point (Fig. 9; 78) coupled to a distal end of the hanger body that engages the first catch (Fig. 9; via the retainer latch) while the ladder is in the step-ladder mode.
Claim 7: The ladder system of claim 4, wherein the retainer latch includes a retainer tip (Fig. 9; end portion of the latch body where the second cam surface is formed) extending from the latch body toward the hanger hook, the retainer tip having a first cam surface (Fig. 9; see detail) and a second cam surface (Fig. 9; see detail) that each engage the step (Fig. 9; 20) and a latch point (Fig. 9; 62) formed at a convergence of the first cam surface and the second cam surface (Fig. 9; see detail).
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Claim 8: The ladder system of claim 7, wherein the first cam surface faces away from the tray (Fig. 9; the first cam surface is angled away from the tray) and the second cam surface faces toward the tray (Fig. 9; the second cam surface is angled toward the tray), the first cam surface engages the step during installation of the tray onto the step to cause the retainer latch to move away from the hanger hook in response to a downward movement of the tray and the second cam surface engages the step to block movement of the tray relative to the step once the tray is installed (Fig. 9; Para. [0039-0040]).
Claim 13: A ladder system comprising:
a ladder including a first ladder unit (Fig. 5; 42), a second ladder unit (Fig. 5; 38), and a mode-changing hinge (Fig. 5; 40) interconnecting the first ladder unit and the second ladder unit (Para. [0036]), the first ladder unit and the second ladder unit each coupled to the mode-changing hinge for pivotable movement relative to one another about a hinge pivot axis to change the ladder from a step-ladder mode, in which the first ladder unit and the second ladder unit extend upwardly away from underlying ground and toward one another to form an included angle therebetween (Fig. 5; Para. [0036]), and a straight-ladder mode, in which the first ladder unit and the second ladder unit are arranged along a substantially straight line such that one of the first ladder unit and the second ladder unit is supported above the underlying ground when the ladder is leaned against a structure (Fig. 4; Para. [0036]),
a tray (Fig. 1; 18) configured to be attached to the first ladder unit (Fig. 5; 18 is depicted as attached to 42) or the second ladder unit (Fig. 4; 18 is attached to 38), and
a mode-independent attachment unit (Fig. 7; 54) configured to provide mount means for attaching the tray to a step (Fig. 1; 14, Para. [0029]) included in the first ladder unit or the second ladder unit while the ladder is in the straight-ladder mode and the step-ladder mode and for detaching the tray from the step using only one hand while a user is supported above the underlying ground by the ladder so that the user can grip the ladder with their other hand and reattach the tray to any other step of the ladder with only one hand and while maintaining grip with their other hand on the ladder (Fig. 4-5; Para. [0029]),
wherein the mode-independent attachment unit includes a hanger hook (Fig. 9; see detail) coupled to the tray, a retainer latch (Fig. 9; see detail) pivotable relative to the hanger hook and the tray (Fig. 9; at 78), and biasing means (Fig. 9; 66) coupled to the retainer latch to urge the retainer latch to pivot toward the hanger hook (Fig. 9; Para. [0043]).
Claim 21: A ladder system comprising:
a ladder including a first ladder unit (Fig. 5; 11A), a second ladder unit (Fig. 5; 11B), and a mode-changing hinge (Fig. 5; 40) interconnecting the first ladder unit and the second ladder unit (Fig. 5; 11A and 11B are interconnected by 40), the first ladder unit and the second ladder unit each coupled to the mode-changing hinge for pivotable movement relative to one another about a hinge pivot axis to change the ladder from a step-ladder mode (Fig. 5; Para. [0036]), in which the first ladder unit and the second ladder unit extend upwardly away from underlying ground and toward one another to form an included angle therebetween, and a straight-ladder mode (Fig. 4; Para. [0036]), in which the first ladder unit and the second ladder unit are arranged along a substantially straight line such that one of the first ladder unit and the second ladder unit is supported above the underlying ground when the ladder is leaned against a structure (Fig. 4; Para. [0036]),
a tray (Fig. 1; 18) configured to be attached to the first ladder unit (Fig. 5; 18 is attached to 42) or the second ladder unit (Fig. 4; 18 is attached to 38), and
a mode-independent attachment unit (Fig. 7; 54) configured to detachably couple the tray to a step (Fig. 1; 14, Para. [0029]) included in the first ladder unit or the second ladder unit to fix the tray relative to the ladder in a horizontal orientation substantially parallel to the underlying ground when the ladder is in the step-ladder mode or the straight-ladder mode so that the tray can be relocated along the first ladder unit or the second ladder unit in a desired position for use when the ladder is in either of the step-ladder mode and the straight- ladder mode (Fig. 4-5; Para. [0029]), the mode-independent attachment unit including a hanger hook (Fig. 9; see detail) fixed to the tray, a retainer latch (Fig. 9; 54), and a spring (Fig. 9; 66) coupled to the retainer latch (Para. [0038]), the retainer latch movable relative to the hanger hook and the tray between a normally locked position (Para. [0043]) in which at least a portion of the retainer latch is spaced from the hanger hook a first distance and configured to block movement of the tray relative to the ladder (Fig. 9; when the tip of 54 is engaged with 20) and a release position (Fig. 9; when the tip of 54 is disengaged from 20) in which the at least a portion of the retainer latch is spaced a second distance from the hanger hook in response to upward pivoting movement of the tray relative to the ladder (Fig. 9; Para. [0043]), the spring configured to urge the retainer latch toward the hanger hook to the normally locked position (Fig. 9; Para. [0043]).
Claim 22: The ladder system of claim 21, wherein the second distance is greater than the first distance such that the at least a portion of the retainer latch moves away from the hanger hook while the retainer latch is in the release position (Fig. 9; Para. [0043]).
Claim 24: The ladder system of claim 21, wherein the step included in the first ladder unit or the second ladder unit includes a first catch (Fig. 9; see detail) and a second catch (Fig. 9; see detail), the first catch engages the hanger hook while the ladder is in the step-ladder mode and the second catch engages the retainer latch while the ladder is in the step-ladder mode (Fig. 9; Para. [0043]).
Claim 25: The ladder system of claim 24, wherein the step included in the first ladder unit or the second ladder unit includes a third catch (Fig. 9; see detail) and a fourth catch (Fig. 9; see detail, once the second ladder unit is inverted, as shown in Fig. 4, 94 lower becomes the upper catch), the third catch engages the hanger hook while the ladder is in the straight-ladder mode and the fourth catch engages the retainer latch while the ladder is in the straight-ladder mode (Fig. 9; see detail).
Claim 26: The ladder system of claim 21, wherein the hanger hook includes a hanger mount (Fig. 9; see detail) fixed to the tray, a hanger body (Fig. 9; see detail) extending downwardly from the hanger mount and toward the retainer latch (Fig. 9; see detail), and a hanger point (Fig. 9; 78) coupled to a distal end of the hanger body that engages the step.
Claim 27: The ladder system of claim 21, wherein the retainer latch includes a latch body (Fig. 9; see detail) extending downwardly from the tray and a retainer tip (Fig. 9; end portion of the latch body where the second cam surface is formed) extending from the latch body toward the hanger hook, the retainer tip having a first cam surface (Fig. 9; see detail) and a second cam surface (Fig. 9; see detail) that each engage the step (Fig. 9; 20) and a latch point (Fig. 9; 62) formed at a convergence of the first cam surface and the second cam surface (Fig. 9; see detail).
Claim 28: The ladder system of claim 27, wherein the first cam surface faces away from the tray (Fig. 9; the first cam surface is angled away from the tray) and the second cam surface faces toward the tray (Fig. 9; the second cam surface is angled toward the tray), the first cam surface engages the step during installation of the tray onto the step to cause the retainer latch to pivot away from the hanger hook about a latch-pivot axis in response to a downward movement of the tray and the second cam surface engages the step to block movement of the tray relative to the step once the tray is installed (Fig. 9; Para. [0039-0040]).
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.
Claims 9-10 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Meyers et al. (2008/0053751) hereinafter Meyers, in view of Wernberg et al. (2024/0151107).
Claim 9: Meyers discloses the ladder system of claim 4, wherein the tray includes a tray base (Fig. 1; the surface of 18), a tray rim (Fig. 1; outer edge of 18) coupled to a perimeter of the tray base.
Meyers fails to disclose a tray rim extending upwardly from the tray base and a storage mount coupled with the tray rim, the tray base being configured to lie in a horizontal orientation while attached to the step and supporting items in a tray- use mode and being configured to lie in a vertical orientation between two neighboring steps in a tray-storage mode.
However, Wernberg discloses a tray rim extending upwardly (Fig. 1; 120, 130, 140 and 150) from the tray base and a tray storage mount (Fig. 17; 230) allowing the tray base to be configured to lie in a horizontal orientation while attached to the step and supporting items in a tray- use mode (Fig. 18) and being configured to lie in a vertical orientation between two neighboring steps in a tray-storage mode (Fig. 26).
Therefore, 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 tray of Meyers to include the tray rim and storage mount, as taught by Wernberg, with a reasonable expectation of success because it would allow items to be stored in the tray when in use and the tray to be stowed away when not being used and prevent the tray from being lost.
Thus, in combination Meyers and Wernberg disclose tray storage mount, coupled with the tray rim, of Wernberg, the tray base, of Meyers, being configured to lie in a horizontal orientation while attached to the step and supporting items in a tray- use mode and being configured to lie in a vertical orientation between two neighboring steps in a tray-storage mode, as disclosed by Wernberg.
Claim 10: Meyers and Wernberg disclose the ladder system of claim 9, wherein the tray rim includes a first side wall (Wernberg - Fig. 1; 150) and a second side wall opposite the first side wall (Wernberg - Fig. 1; 140), and wherein the tray storage mount includes a first rung mount (Wernberg - Fig. 17; 230 upper) coupled with and extending away from the first side wall of the tray rim (Wernberg - Fig. 1; 150) and a second rung mount (Wernberg - Fig. 17; 230 lower) coupled with and extending away from the second side wall of the tray rim (Wernberg - Fig. 1; 140), at least one of the first rung mount and the second rung mount (Wernberg - Fig. 17; 230 upper/lower) engaging the first catch or the second catch (Meyers - Fig. 9; see detail) to retain the tray to the ladder while the tray is in the tray-storage mode (once Meyers is modified by Wernberg the rung mounts of Wernberg would engage the catches of Meyers as shown in Fig. 17 of Wernberg).
Claim 17: Meyers discloses the ladder system of claim 13, wherein the tray includes a tray base (Fig. 1; the surface of 18), a tray rim (Fig. 1; outer edge of 18) coupled to a perimeter of the tray base, but fails to disclose the rim extending upwardly from the tray base, a tray storage mount coupled with the tray rim, the tray base being configured to lie in a horizontal orientation while attached to the step and supporting items in a tray-use mode and being configured to lie in a vertical orientation between two neighboring steps in a tray-storage mode.
However, Wernberg discloses a tray rim extending upwardly (Fig. 1; 120, 130, 140 and 150), a tray storage mount (Fig. 17; 230) allowing the tray base to be configured to lie in a horizontal orientation while attached to the step and supporting items in a tray- use mode (Fig. 18) and being configured to lie in a vertical orientation between two neighboring steps in a tray-storage mode (Fig. 26).
Therefore, 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 tray of Meyers to include the tray rim and storage mount, as taught by Wernberg, with a reasonable expectation of success because it would allow items to be stored in the tray when in use and the tray to be stowed away when not being used and prevent the tray from being lost.
Thus, in combination Meyers and Wernberg disclose tray storage mount, coupled with the tray rim, of Wernberg, the tray base, of Meyers, being configured to lie in a horizontal orientation while attached to the step and supporting items in a tray- use mode and being configured to lie in a vertical orientation between two neighboring steps in a tray-storage mode, as disclosed by Wernberg.
Claim 18: Meyers and Wernberg disclose the ladder system of claim 17, wherein the tray rim includes a first side wall (Wernberg - Fig. 1; 150) and a second side wall opposite the first side wall (Wernberg - Fig. 1; 140), and wherein the tray storage mount includes a first rung mount (Wernberg - Fig. 17; 230 upper) coupled with and extending away from the first side wall of the tray rim (Wernberg - Fig. 1; 150) and a second rung mount (Wernberg - Fig. 17; 230 lower) coupled with and extending away from the second side wall of the tray rim (Wernberg - Fig. 1; 140), at least one of the first rung mount and the second rung mount (Wernberg - Fig. 17; 230 upper/lower) being arranged to engage the step (Wernberg - Fig. 17; 230 upper/lower) to retain the tray to the ladder while the tray is in the tray-storage mode (once Meyers is modified by Wernberg the rung mounts of Wernberg would engage the catches of Russell as shown in Fig. 17 of Wernberg).
Claims 11-12 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Meyers et al. (2008/0053751) hereinafter Meyers, in view of Wernberg et al. (2024/0151107) and further in view of Russell et al. (2022/0243532) hereinafter Russell.
Claim 11: Meyers discloses the ladder system of claim 9, but fails to disclose wherein the first ladder unit includes a first set of ladder supports and corresponding first steps interconnecting the first set of ladder supports and a second set of ladder supports and corresponding second steps interconnecting the second set of ladder supports, the second set of ladder supports coupled to the first set of ladder supports for slidable movement relative to the first set of ladder supports to change the first ladder unit from a retracted configuration, in which first braces of the first set of ladder supports and second braces of the second set of ladder supports engage the underlying ground, and an extended configuration, in which the second set of ladder supports slides downwardly relative to the first set of ladder supports such that the second braces of the second set of ladder supports engages the underlying ground and the first braces of the first set of ladder supports are above the underlying ground to increase a height of the first ladder unit.
However, Russell discloses a first set of ladder supports (Fig. 1; 104 left and right) and corresponding first steps (Fig. 1; 106) interconnecting the first set of ladder supports and a second set of ladder supports (Fig. 2; 108 left and right) and corresponding second steps (Fig. 1; 110) interconnecting the second set of ladder supports, the second set of ladder supports coupled to the first set of ladder supports for slidable movement relative to the first set of ladder supports to change the first ladder unit from a retracted configuration (Fig. 1; Para. [0044]), in which first braces (Fig. 1; 132, Para. [0053]) of the first set of ladder supports and second braces (Fig. 1; 132, Para. [0053]) of the second set of ladder supports engage the underlying ground (Fig. 1; Para. [0053]), and an extended configuration, in which the second set of ladder supports slides downwardly relative to the first set of ladder supports such that the second braces of the second set of ladder supports engages the underlying ground and the first braces of the first set of ladder supports are above the underlying ground to increase a height of the first ladder unit (Fig. 1; Para. [0048]).
Therefore, 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 ladder of Meyers to include the first and second ladder supports, as taught by Russell, with a reasonable expectation of success because it would allow the ladder to extend further when in either the extension or step ladder configuration.
Claim 12: Russell and Wernberg disclose the ladder system of claim 11, wherein the second set of ladder supports (Russell - Fig. 2; 108 left and right) is slidable relative to the first set of ladder supports (Russell – Para. [0048]) while the tray is in the tray- storage mode (Wernberg - Fig. 17; Para. [0059]).
Claim 19: Meyers discloses the ladder system of claim 18, but fails to disclose wherein the first ladder unit includes a first set of ladder supports and corresponding first steps interconnecting the first set of ladder supports and a second set of ladder supports and corresponding second steps interconnecting the second set of ladder supports, the second set of ladder supports coupled to the first set of ladder supports for slidable movement relative to the first set of ladder supports to change the first ladder unit from a retracted configuration, in which first braces of the first set of ladder supports and second braces of the second set of ladder supports engage the underlying ground, and an extended configuration, in which the second set of ladder supports slides downwardly relative to the first set of ladder supports such that the second braces of the second set of ladder supports engages the underlying ground and the first braces of the first set of ladder supports are above the underlying ground to increase a height of the first ladder unit.
However, Russell discloses a first set of ladder supports (Fig. 1; 104 left and right) and corresponding first steps (Fig. 1; 106) interconnecting the first set of ladder supports and a second set of ladder supports (Fig. 2; 108 left and right) and corresponding second steps (Fig. 1; 110) interconnecting the second set of ladder supports, the second set of ladder supports coupled to the first set of ladder supports for slidable movement relative to the first set of ladder supports to change the first ladder unit from a retracted configuration (Fig. 1; Para. [0044]), in which first braces (Fig. 1; 132, Para. [0053]) of the first set of ladder supports and second braces (Fig. 1; 132, Para. [0053]) of the second set of ladder supports engage the underlying ground (Fig. 1; Para. [0053]), and an extended configuration, in which the second set of ladder supports slides downwardly relative to the first set of ladder supports such that the second braces of the second set of ladder supports engages the underlying ground and the first braces of the first set of ladder supports are above the underlying ground to increase a height of the first ladder unit (Fig. 1; Para. [0048]).
Therefore, 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 ladder of Meyers to include the first and second ladder supports, as taught by Russell, with a reasonable expectation of success because it would allow the ladder to extend further when in either the extension or step ladder configuration.
Claim 20: Russell and Wernberg disclose the ladder system of claim 19, wherein the second set of ladder supports (Russell - Fig. 2; 108 left and right) is slidable relative to the first set of ladder supports (Russell – Para. [0048]) while the tray is attached to any step included in the first steps (Wernberg - Fig. 17; Para. [0059]).
Allowable Subject Matter
Claims 14-16 and 23 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 14 and 23 are considered allowable due to the recitation of the spring being wound around the latch connector.
Claims 15-16 are considered allowable due to their dependency from claim 14.
Response to Arguments
Applicant’s arguments filed June 16, 2026 have been fully considered but they are not persuasive.
With respect to the prior art rejections, applicant argues that the primary reference of Meyers fails to disclose a connector assembly that is rotatable about an axis. This argument is not persuasive because the connector assembly (54) of Meyers is allowed to pivot about the connection point (78), where said connection point is an axis of rotation for the connector assembly and the hanger hook is fixed relative to the tray (18), when installing the device onto the ladder the connector assembly also pivots relative to the ladder hook by placing a downward force on the tray. The applicant’s arguments regarding the Russell reference and claim 13 are rendered moot by the new rejection of claim 13.
The applicant further argues that Meyers fails to disclose a spring coupled to a retainer latch configured to urge the retainer latch toward the hanger hook. This argument is not persuasive because the spring (66) allows the hook assembly to latch onto the ladder rung thereby allowing the connector assembly to engage and move towards the hanger hook.
For at least these reasons the applicant’s remarks are not found persuasive and the claims remain rejected as advanced above.
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 Kathleen M. McFarland whose telephone number is (571)272-9139. The examiner can normally be reached Monday-Friday 8:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Mattei can be reached at (571) 270-3238. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kathleen M. McFarland/Examiner, Art Unit 3635
Kathleen M. McFarland
Examiner
Art Unit 3635
/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635
Prosecution Insights