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 .
This is a response to applicant’s amendment filed on April 21, 2026. Claims 1, 6, 9, 14, 17-18 and 20 have been amended. Claims 13 and 15-16 have been cancelled. Claims 21-23 have been added. Claims 1-12, 14 and 17-23 are pending in the application.
Response to Amendment
Objections to Claims 6, 14 and 20 have been withdrawn in view of applicant’s amendments.
Rejection under 35 USC § 102 of Claim 13 has been withdrawn in view of cancellation of claim 13.
Rejections under 35 USC § 103 of Claim 15-16 have been withdrawn in view of cancellation of claims 15-16.
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 1-2, 5-6, 9-10, 14, 17 and 20-23 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Lu et al. (US Pat. Pub. No. 2021/0057776, hereinafter Lu).
In regards to Claims 1-2, Lu discloses a battery (#200B) comprising:
a cathode plate (#216) defining a first array of dome-shaped notches (#216”’) (see figure 2B and paragraph [0034]);
an anode plate (#204) defining a second array of dome-shaped notches (#204”’) (see figure 2B and paragraph [0034]),
wherein the first array of dome-shaped notches (#216”’) is positioned opposite of and facing toward the second array of dome-shaped notches (#204”’) (see figure 2B and paragraphs [0034] and [0036]); and
an electrolyte (#212B solid-type electrolyte) (encompasses the limitation of claim 2) (i) disposed between the cathode (#216) and anode (#204) plates and (ii) having dome-shaped protruding regions (curved projections #212”) extending outward therefrom, wherein (a) each dome-shaped protruding region of a first subset of the dome-shaped protruding regions (curved projections #212”) extends into and contacts the cathode (#216) within one of the dome-shaped notches of the first array of dome-shaped notches (#216”’) and (b) each dome-shaped protruding region of a second subset of the dome-shaped protruding regions (curved projections #212”) extends into and contacts the anode (#204) within one of the dome-shaped notches of the second array of dome-shaped notches (#204”’), and (c) each dome-shaped protruding region has a circular base (see figures 2B and 4A, and paragraphs [0023], [0034], [0036] and [0048]; Lu shows in figure 4A that each dome-shaped protruding region has a circular base.).
In regards to Claim 5, Lu discloses wherein each of the dome-shaped protruding regions (#212”) occupies an entirety of a corresponding dome-shaped notch (#216”’) (see figure 2B and paragraphs [0034]-[0036]).
In regards to Claim 6, Lu discloses wherein (i) each of the dome-shaped protruding regions of the first subset of dome-shaped protruding regions (curved projections #212”) forms an aligned pair with one of the dome-shaped protruding regions of the second subset of dome-shaped protruding regions (curved projections #212”) and (ii) the dome-shaped protruding regions within each pair extend outward from a central region of the electrolyte (#212) in opposing directions (see figure 2B).
In regards to Claims 9-10, Lu discloses a battery (#200B) comprising:
a cathode (#216) defining a first set of notches (#216”’) (see figure 2B and paragraph [0034]);
an anode (#204) defining a second set of notches (#204”’), wherein the notches of the first and second sets of notches are partially ellipsoid-shaped and (ii) the first set of notches (#216”’) are positioned opposite of and facing toward the second set of notches (#204”’) (see figure 2B and paragraph [0034]); and
an electrolyte (#212B solid-type electrolyte) (encompasses the limitation of claim 2) (i) disposed between the cathode (#216) and anode (#204) and (ii) having protruding regions (curved projections #212”) extending outward from first and second opposing surfaces, wherein (a) each of the protruding regions extending from the first opposing surface further extends into and contacts the cathode (#216) within one of the notches of the first set of notches (#216”’) and (b) each of the protruding regions extending from the second opposing surface further extends into and contacts the anode (#204) within one of the notches of the second set of notches (#204”’), and (c) each protruding region has a circular base (see figures 2B and 4A, and paragraphs [0023], [0034], [0036] and [0048]; Lu shows in figure 4A that each dome-shaped protruding region has a circular base.).
In regards to Claim 14, Lu discloses wherein (i) each of the protruding regions extending from the first opposing surface (curved projections #212”) forms an aligned pair with one of the protruding regions extending from the second opposing surface (curved projections #212”) and (ii) the protruding regions within each pair extend outward from a central region of the electrolyte (#212) in opposing directions (see figure 2B).
In regards to Claim 17, Lu discloses a battery (#200b) comprising:
a positive electrode (#216) defining a first set of notches (#216”’) (see figure 2B and paragraph [0034]);
an negative electrode (#204) defining a second set of notches (#204”’) facing toward the first set of notches (#216”’) (see figure 2B and paragraph [0034]); and
a solid-state electrolyte (#212B solid-type electrolyte) disposed between the positive (#216) and negative (#204) electrodes defining rounded protruding regions (curved projections #212”) extending outward from first and second surfaces and into the first (#216”’) and second (#204”’) sets of notches, and (c) each rounded protruding region has a circular base (see figures 2B and 4A, and paragraphs [0023], [0034], [0036] and [0048]; Lu shows in figure 4A that each rounded protruding region has a circular base.).
In regards to Claim 20, Lu discloses wherein each of the protruding regions extending from the first surface (curved projections #212”) forms an aligned pair with one of the protruding regions extending from the second surface (curved projections #212”) and the protruding regions within each pair extend outward from a central region of the electrolyte (#212) in opposing directions (see figure 2B).
In regards to Claim 21, Lu discloses wherein each dome-shaped protruding region has a semicircular cross-sectional profile in a plane perpendicular to the circular base (see figures 2B and 4A, and paragraphs [0023], [0034], [0036] and [0048]; Lu shows in figure 4A that each dome-shaped protruding region has a semicircular cross-sectional profile in a plane perpendicular to the circular base.).
In regards to Claim 22, Lu discloses wherein each protruding region has a semicircular cross-sectional profile in a plane perpendicular to the circular base (see figures 2B and 4A, and paragraphs [0023], [0034], [0036] and [0048]; Lu shows in figure 4A that each protruding region has a semicircular cross-sectional profile in a plane perpendicular to the circular base.).
In regards to Claim 23, Lu discloses wherein each dome-shaped protruding region has a semicircular cross-sectional profile in a plane perpendicular to the circular base (see figures 2B and 4A, and paragraphs [0023], [0034], [0036] and [0048]; Lu shows in figure 4A that each rounded protruding region has a semicircular cross-sectional profile in a plane perpendicular to the circular base.).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3-4, 7-8, 11-12 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Lu.
In regards to Claim 3, Lu discloses wherein (i) each dome-shaped protruding region has a width and a height and (ii) a ratio of the width to the height ranges between 1 and 10 (see figure 5 below and paragraphs [0053]-[0054]; Lu discloses that the solid electrolyte member has a width, w, based on a predetermined size and a thickness (t) separating two opposing faces. Each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member. As illustrated, the tops of the projections on each side of the solid electrolyte member extend to the same level, but not necessarily the same level on opposing sides. And the depths of the valleys extend to common levels. In accordance with this disclosure, the over-all thickness (t) of the solid electrolyte layer is typically in the range of a few micrometers up to about 1000 micrometers (one millimeter). As illustrated in FIG. 5 this thickness measurement includes the top levels of the formed projections. The overall width (w) of the solid-state electrolyte member depends on the design of each cell. The distance (d), i.e. height of dome-shaped protruding region), between the top of a projection and the depth of the adjacent valley is suitably up to, but no greater than the thickness (t) of the solid electrolyte layer. And the spacing (l) between the centers of the projections is suitably up to about five times the value of d. The value of d and l of each valley may differ from each other or be the same. As stated above in this specification, it is preferred that the minimum dimensions of the projections and recesses be larger than average representative sizes of the particles making up the layer of solid electrolyte material.).
According to Lu, the thickness (t) of the solid electrolyte layer is up to about 1000 micrometers (1 millimeter). The distance (d) is no greater than the thickness (t) (d≤t). The spacing (l) between centers of the projections is up to about 5 times the value of d (l≤5d). Since Lu discloses that each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member, it is considered reasonable, that the value of (l) could be also equal to the width of each projection (equating (l) to the width of the projection). Therefore, taking an exemplary value of (d) less than the thickness of (t), d=0.9mm, and using (l) as representing the width of the projection, such that (I≤5x(0.9)=4.5). When calculating the ratio of width to height (w/h= I/d= 4.5/0.9= 5), which falls inside the claimed range of between 1 and 10, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
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In regards to Claim 4, Lu discloses wherein (i) each dome-shaped protruding region has a width, (ii) adjacent dome-shaped protruding regions are spaced apart from each other by a distance, and (iii) a ratio of the width to the distance ranges between 0.1 and 10 (see figure 5 below and paragraphs [0053]-[0054]; Lu discloses that the solid electrolyte member has a width, w, based on a predetermined size and a thickness (t) separating two opposing faces. Each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member. As illustrated, the tops of the projections on each side of the solid electrolyte member extend to the same level, but not necessarily the same level on opposing sides. And the depths of the valleys extend to common levels. In accordance with this disclosure, the over-all thickness (t) of the solid electrolyte layer is typically in the range of a few micrometers up to about 1000 micrometers (one millimeter). As illustrated in FIG. 5 this thickness measurement includes the top levels of the formed projections. The overall width (w) of the solid-state electrolyte member depends on the design of each cell. The distance (d), i.e. height of dome-shaped protruding region), between the top of a projection and the depth of the adjacent valley is suitably up to, but no greater than the thickness (t) of the solid electrolyte layer. And the spacing (l) between the centers of the projections is suitably up to about five times the value of d. The value of d and l of each valley may differ from each other or be the same. As stated above in this specification, it is preferred that the minimum dimensions of the projections and recesses be larger than average representative sizes of the particles making up the layer of solid electrolyte material.).
Since Lu discloses that each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member, it is considered reasonable, that the value of (l) could be also equal to the width of each projection. Therefore, the ratio of the width to the distance would be equal to 1, which falls inside the claimed range of from 0.1 to 10, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
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In regards to Claim 7, Lu discloses wherein (i) the cathode (#216) has a first height, (ii) the central region has a second height, and (iii) a ratio of the first height to the second height ranges between 1 and 20 (see figure 2B and claim 1; Lu discloses the thickness of the solid electrolyte member being up to about 1000 micrometers, the anode layer having a uniform thickness of up to about 500 micrometers, and the cathode layer having a uniform layer of up to about 500 micrometers, i.e. first height. Since Lu discloses the thickness of the solid electrolyte member being up to about 1000 micrometers, it is reasonably expected, absent evidence to the contrary, that the central region should have an approximate heigh of about half the height of the solid electrolyte member, such as about 500 micrometers. Therefore, ratio of the first height to the second height, would reasonably be (500/500=1), which overlaps the claimed range of between 1 and 20, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
In regards to Claim 8, Lu discloses wherein (i) the anode (#204) has a first height, (ii) the central region has a second height, and (iii) a ratio of the first height to the second height ranges between 1 and 20 (see figure 2B and claim 1; Lu discloses the thickness of the solid electrolyte member being up to about 1000 micrometers, the anode layer having a uniform thickness of up to about 500 micrometers, i.e. first height, and the cathode layer having a uniform layer of up to about 500 micrometers. Since Lu discloses the thickness of the solid electrolyte member being up to about 1000 micrometers, it is reasonably expected, absent evidence to the contrary, that the central region should have an approximate heigh of about half the height of the solid electrolyte member, such as about 500 micrometers. Therefore, ratio of the first height to the second height, would reasonably be (500/500=1), which overlaps the claimed range of between 1 and 20, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
In regards to Claim 11, Lu discloses wherein (i) each notch of the first and second sets of notches has a width and a height and (ii) a ratio of the width to the height ranges between 1 and 10 (see figure 5 below and paragraphs [0053]-[0054]; Lu discloses that the solid electrolyte member has a width, w, based on a predetermined size and a thickness (t) separating two opposing faces. Each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member. As illustrated, the tops of the projections on each side of the solid electrolyte member extend to the same level, but not necessarily the same level on opposing sides. And the depths of the valleys extend to common levels. In accordance with this disclosure, the over-all thickness (t) of the solid electrolyte layer is typically in the range of a few micrometers up to about 1000 micrometers (one millimeter). As illustrated in FIG. 5 this thickness measurement includes the top levels of the formed projections. The overall width (w) of the solid-state electrolyte member depends on the design of each cell. The distance (d), i.e. height of dome-shaped protruding region), between the top of a projection and the depth of the adjacent valley is suitably up to, but no greater than the thickness (t) of the solid electrolyte layer. And the spacing (l) between the centers of the projections is suitably up to about five times the value of d. The value of d and l of each valley may differ from each other or be the same. As stated above in this specification, it is preferred that the minimum dimensions of the projections and recesses be larger than average representative sizes of the particles making up the layer of solid electrolyte material.).
According to Lu, the thickness (t) of the solid electrolyte layer is up to about 1000 micrometers (1 millimeter). The distance (d) is no greater than the thickness (t) (d≤t). The spacing (l) between centers of the projections is up to about 5 times the value of d (l≤5d). Since Lu discloses that each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member, it is considered reasonable, that the value of (l) could be also equal to the width of each projection (equating (l) to the width of the projection). Therefore, taking an exemplary value of (d) less than the thickness of (t), d=0.9mm, and using (l) as representing the width of the projection, such that (I≤5x(0.9)=4.5). When calculating the ratio of width to height (w/h= I/d= 4.5/0.9= 5), which falls inside the claimed range of between 1 and 10, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
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In regards to Claim 12, Lu discloses wherein (i) each of the first and second sets of notches has a width, (ii) adjacent notches within the first and second sets of notches are spaced apart from each other by a distance, and (iii) a ratio of the width to the distance ranges between 0.1 and 10 (see figure 5 below and paragraphs [0053]-[0054]; Lu discloses that the solid electrolyte member has a width, w, based on a predetermined size and a thickness (t) separating two opposing faces. Each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member. As illustrated, the tops of the projections on each side of the solid electrolyte member extend to the same level, but not necessarily the same level on opposing sides. And the depths of the valleys extend to common levels. In accordance with this disclosure, the over-all thickness (t) of the solid electrolyte layer is typically in the range of a few micrometers up to about 1000 micrometers (one millimeter). As illustrated in FIG. 5 this thickness measurement includes the top levels of the formed projections. The overall width (w) of the solid-state electrolyte member depends on the design of each cell. The distance (d), i.e. height of dome-shaped protruding region), between the top of a projection and the depth of the adjacent valley is suitably up to, but no greater than the thickness (t) of the solid electrolyte layer. And the spacing (l) between the centers of the projections is suitably up to about five times the value of d. The value of d and l of each valley may differ from each other or be the same. As stated above in this specification, it is preferred that the minimum dimensions of the projections and recesses be larger than average representative sizes of the particles making up the layer of solid electrolyte material.).
Since Lu discloses that each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member, it is considered reasonable, that the value of (l) could be also equal to the width of each projection. Therefore, the ratio of the width to the distance would be equal to 1, which falls inside the claimed range of from 0.1 to 10, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
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In regards to Claim 18, Lu discloses wherein each of the notches of the first and second sets of notches has a width and a height and a ratio of the width to the height ranges between 1 and 10 (see figure 5 below and paragraphs [0053]-[0054]; Lu discloses that the solid electrolyte member has a width, w, based on a predetermined size and a thickness (t) separating two opposing faces. Each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member. As illustrated, the tops of the projections on each side of the solid electrolyte member extend to the same level, but not necessarily the same level on opposing sides. And the depths of the valleys extend to common levels. In accordance with this disclosure, the over-all thickness (t) of the solid electrolyte layer is typically in the range of a few micrometers up to about 1000 micrometers (one millimeter). As illustrated in FIG. 5 this thickness measurement includes the top levels of the formed projections. The overall width (w) of the solid-state electrolyte member depends on the design of each cell. The distance (d), i.e. height of dome-shaped protruding region), between the top of a projection and the depth of the adjacent valley is suitably up to, but no greater than the thickness (t) of the solid electrolyte layer. And the spacing (l) between the centers of the projections is suitably up to about five times the value of d. The value of d and l of each valley may differ from each other or be the same. As stated above in this specification, it is preferred that the minimum dimensions of the projections and recesses be larger than average representative sizes of the particles making up the layer of solid electrolyte material.).
According to Lu, the thickness (t) of the solid electrolyte layer is up to about 1000 micrometers (1 millimeter). The distance (d) is no greater than the thickness (t) (d≤t). The spacing (l) between centers of the projections is up to about 5 times the value of d (l≤5d). Since Lu discloses that each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member, it is considered reasonable, that the value of (l) could be also equal to the width of each projection (equating (l) to the width of the projection). Therefore, taking an exemplary value of (d) less than the thickness of (t), d=0.9mm, and using (l) as representing the width of the projection, such that (I≤5x(0.9)=4.5). When calculating the ratio of width to height (w/h= I/d= 4.5/0.9= 5), which falls inside the claimed range of between 1 and 10, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
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In regards to Claim 19, Lu discloses wherein each of the notches of the first and second sets of notches has a width, adjacent notches within the first and second sets of notches are spaced apart from each other by a distance, and a ratio of the width to the distance ranges between 0.1 and 10 (see figure 5 below and paragraphs [0053]-[0054]; Lu discloses that the solid electrolyte member has a width, w, based on a predetermined size and a thickness (t) separating two opposing faces. Each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member. As illustrated, the tops of the projections on each side of the solid electrolyte member extend to the same level, but not necessarily the same level on opposing sides. And the depths of the valleys extend to common levels. In accordance with this disclosure, the over-all thickness (t) of the solid electrolyte layer is typically in the range of a few micrometers up to about 1000 micrometers (one millimeter). As illustrated in FIG. 5 this thickness measurement includes the top levels of the formed projections. The overall width (w) of the solid-state electrolyte member depends on the design of each cell. The distance (d), i.e. height of dome-shaped protruding region), between the top of a projection and the depth of the adjacent valley is suitably up to, but no greater than the thickness (t) of the solid electrolyte layer. And the spacing (l) between the centers of the projections is suitably up to about five times the value of d. The value of d and l of each valley may differ from each other or be the same. As stated above in this specification, it is preferred that the minimum dimensions of the projections and recesses be larger than average representative sizes of the particles making up the layer of solid electrolyte material.).
Since Lu discloses that each face is formed with a uniform pattern of uniformly curved projections and reverse-shaped, interspaced valleys extending along the length (not illustrated) of the solid electrolyte member, it is considered reasonable, that the value of (l) could be also equal to the width of each projection. Therefore, the ratio of the width to the distance would be equal to 1, which falls inside the claimed range of from 0.1 to 10, as claimed by the applicant, thereby making the claimed range prima facie obvious. See MPEP 2144.05.
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Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant argues that independent claims 1, 9 and 17 have been amended to recite that each protruding region has a circular base. The cited reference, including US Patent Application Publication No. 2021/0057776 to Lu, fail to disclose or suggest the combination of limitations recited in amended independent claims 1, 9 and 17.
Examiner respectfully disagrees and points out that as clearly disclosed in the rejection of claims 1, 9 and 17 above, Lu discloses and shows in figure 4A that each protruding region has a circular base (see rejection above). Therefore, the argument is not considered persuasive, and the rejection is thereby maintained.
Conclusion
Applicant's amendment necessitated the modified grounds 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 JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774