DETAILED ACTION
The following is a Final Office Action on the merits.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In 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 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.
Response to Amendment
Acknowledgment is made to the amendment received 1/7/2026.
Applicant’s amendments to the claims are sufficient to overcome the claim objections set forth in Par. 6, 8-9, 13 & 15-16 of the previous office action..
Applicant’s amendments to the claims are sufficient to overcome the 35 USC 112(b)/second paragraph rejections set forth in the previous office action.
Claim Objections
Claim 1 is objected to because of the following informalities: amend “energy for” to -energy to- in ll. 6. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: amend “supply radio-frequency energy for” to -supply the radio-frequency energy to- in ll. 19. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: amend “the target tissue” to -a target tissue- in ll. 20. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: amend “the movement ranges” to -the movement range- in ll. 23. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: amend “means that the at least two micro needle electrodes are operable to move inwards from the human body surface, or the at least two microneedle electrodes are operable to” to -comprises the at least two microneedle electrodes operably moving inwards from the human body surface or the at least two microneedle electrodes operably penetrating- in ll. 24-25. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: amend “the direction” to -the length direction- in ll. 26. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: amend “wherein the sending” to -wherein sending- in ll. 1-2. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: amend “supply radio-frequency energy for” to -supply radio-frequency energy to- in ll. 3. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: delete the “,” after “supply” in ll. 6. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: amend “and allow” to -and to allow- in ll. 9. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: amend “wherein the sending” to -wherein sending- in ll. 1-2. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: delete the “,” after “motor’ in ll. 5. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: amend “to move in an outward direction from a human body” to -to move along the length direction from inside the human body to outside the human body- in ll. 6-7. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: amend ‘The sending’ to -sending- in ll. 1-2. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: amend “energy for” to -energy to- in ll. 3. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: amend “the preset power” to -the preset operating power- in ll. 8. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: amend “the power supply module, to” to -the power supply to- in ll. 10. Appropriate correction is required.
Claim 4 is objected to because of the following informalities: amend “supply radio-frequency energy for” to -supply the radio-frequency energy to- in ll. 11. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: delete the “,” after “depth” in ll. 5. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: amend “the power supply module, to” to -the power supply module to- in ll. 9. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: amend “the power supply module” to -the power supply- in ll. 9. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: amend “supply radio-frequency energy” to -supply the radio-frequency energy- in ll. 10. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: amend “some electrodes” to -an electrode- in ll. 10. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: amend “the power supply module” to -the power supply- in ll. 3-4, 5, 5-6, & 8 (four times). Appropriate correction is required.
Claim 6 is objected to because of the following informalities: delete the “,” after “module” in ll. 5. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: amend “supply radio-frequency energy” to -supply the radio-frequency energy- in ll. 6. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: amend “supply one of a first electric polarity or a second electric polarity” to -supply the one of the first electric polarity or the second electric polarity- in ll. 9-10. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: amend “supply another” to -supply the another- in ll. 10. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: amend “the power supply module” to -the power supply- in ll. 2. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: amend “supply one of a first electric polarity or a second electric polarity” to -supply the one of the first electric polarity or the second electric polarity- in ll. 3-4. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: delete the “,” after “duration” in ll. 3. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: amend “for at least one” to -for the at least one- in ll. 4. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: amend “another one” to -the another one- in ll. 5. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: amend “for remaining” to -for the remaining- in ll. 5. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: amend “the determining” to -determining- in ll. 1-2. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: amend “the obtaining” to -obtaining- in ll. 1. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: amend “energy for” to -energy to- in ll. 4. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: delete the “,” after “module” in ll. 17. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: amend “energy for” to -energy to- in ll. 18. Appropriate correction is required.
Claim 11 is objected to because of the following informalities: amend “means that the at least two microneedle electrodes are operable to move inwards from the human body surface, or that least two microneedle electrodes are operable to penetrate into the human body at the penetration depth” to -comprises the at least two micro needle electrodes operable to move inwards from a surface of a human body or the at least two microneedle electrodes are operable to penetrate into the human body to the penetration depth- in ll. 22-24 . Appropriate correction is required.
Claim 11 is objected to because of the following informalities: amend ‘the direction” to -the length direction- in ll. 24. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 & 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation “a part to be treated”; however, claim 1, upon which claim 4 depends, recites the limitation “the target tissue”. It is unclear if “a part to be treated” is the same as or different from “the target tissue”. For purposes of examination, it will be interpreted as being the same.
Claim 8 recites the limitation “a part to be treated”; however, claim 1, upon which claim 4 depends, recites the limitation “the target tissue”. It is unclear if “a part to be treated” is the same as or different from “the target tissue”. For purposes of examination, it will be interpreted as being the same.
Claim Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “power supply module” in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-6, 8-9 & 11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wootten (WO2020/086552, previously cited).
Concerning claim 1, as illustrated in at least Fig. 1A-B, Wootten et al. disclose a microneedle therapy control method, applied to a radio-frequency microneedle therapy instrument (method of inducing collagen regeneration in the skin with microneedle electrode system 100 and adjusting probe parameters; [0014-0016]), wherein the radio-frequency microneedle therapy instrument comprises:
at least two microneedle electrodes movable along a length direction of the microneedle electrodes (microneedle array 110 may comprise one or more microneedles configured to be applied to penetrate skin when driven by motor 108 that drives microneedles 112 in a linearly reciprocating motion; [0029-0030]);
a power supply configured to supply radio-frequency energy for the at least two microneedle electrodes (interface 122 comprises power to the system 100 and/or the handpiece 102 for application of RF energy; [0044-0045]); and
a linear motor configured to drive the at least two microneedle electrodes to move (motor 108 that drives microneedles 112 in a linearly reciprocating motion; [0030]), wherein the method comprises:
obtaining a penetration depth of the at least two microneedle electrodes (user can input penetration depth in step 204 or system can automatically adjust penetration depth; [0059], [0063]);
determining a movement range of the at least two microneedle electrodes in the length direction according to the penetration depth of the at least two microneedle electrodes; sending a first control signal to the linear motor, to allow the linear motor to drive the at least two microneedle electrodes to move along the length direction at a preset speed within the movement range (system updates operating parameters of the array, including penetration depth, in step 212, where motor 108 drives each of the microneedles 112 simultaneously in a linearly reciprocating motion such that the microneedles 112 are inserted a known depth into the skin when the motor 108 reciprocates the microneedle array 110 to cycle between two or more penetration depth in a regular pattern; [0030], [0061], [0067]); and
sending a second control signal to the power supply, to allow the power supply to supply radio-frequency energy for the at least two microneedle electrodes to allow the at least two microneedle electrodes to treat the target tissue at different depths during a movement of the at least two microneedle electrodes within the movement range; wherein the movement of the at least two microneedle electrodes within the movement ranges means that the at least two microneedle electrodes are operable to move inwards from the human body surface, or the at least two microneedle electrodes are operable to penetrate into the human body at the penetration depth and then move along the direction from inside the human body to outside the human body (treatment is initiated in step 214 where RF energy is delivered to microneedle array 110 and the motor 108 may cycle between two or more penetration depths below the skin surface in a regular pattern and energy is supplied at each penetration depth; [0031], [0058], [0061], [0067]).
Concerning claim 2, Wootten et al. disclose wherein the sending the second control signal to the power supply module, to allow the power supply module to supply radio-frequency energy for the microneedle electrode during the movement of the microneedle electrode within the movement range comprises: sending the second control signal to the power supply module (122), to allow the power supply module (122) to supply one of a first electric polarity and a second electric polarity for at least one of the at least two microneedle electrodes (112) during the movement of the microneedle electrode (112) within the movement range, and allow the power supply module (122) to supply another one of the first electric polarity and the second electric polarity for remaining microneedle electrodes (112) of the at least two microneedle electrodes ([0031], [0034]).
Concerning claim 3, Wootten et al. disclose wherein the sending the first control signal to the linear driver (108), to allow the linear driver (108) to drive the microneedle electrode (112) to move along the length direction at the preset speed within the movement range comprises: sending the first control signal to the linear driver (108), to allow the linear driver (108) to drive the microneedle electrode (112) to move in an outward direction from a human body at a preset speed within the movement range ([0030], [0061], [0067]).
Concerning claim 4, Wootten et al. disclose wherein the sending the second control signal to the power supply module (122), to allow the power supply module (122) to supply radio-frequency energy for the microneedle electrode (112) during the movement of the microneedle electrode (112) within the movement range comprises: determining a preset operating power mode of the power supply module (122) according to a mapping table between a part to be treated and a preset power mode of the power supply module (122), wherein the preset power mode comprises an increasing power mode, a constant power mode and a decreasing power mode; and sending the second control signal to the power supply module (122), to allow the power supply module (122) to operate in the preset power mode and supply radio-frequency energy for the microneedle electrode (112) during the movement of the microneedle electrode (112) within the movement range ([0058]; Fig. 4).
Concerning claim 5, Wootten et al. disclose wherein before the sending the first control signal to the linear driver (108), to allow the linear driver (108) to drive the microneedle electrode (112) to move along the length direction at the preset speed within the movement range, the method further comprises: sending a third control signal to the linear driver (108) according to the penetration depth, to allow the linear driver (108) to drive the microneedle electrode (112) to penetrate into the human body until a needle tip of the microneedle electrode (112) reaches the penetration depth; and sending a fourth control signal to the power supply module (122), to allow the power supply module (122) to supply radio-frequency energy for at least part of the at least two microneedle electrodes (112) within a preset duration ([0032], [0058-0059], [0063]).
Concerning claim 6, Wootten et al. disclose the radio-frequency microneedle therapy instrument (100) further comprises a return electrode (remote ground electrode) arranged at a body surface, the return electrode (remote ground electrode) is electrically connected to the power supply module (122); and the sending the fourth control signal to the power supply module, to control the power supply module to supply radio-frequency energy for at least part of the at least two microneedle electrodes (112) within the preset duration comprises: sending the fourth control signal to the power supply module (122), to keep the power supply module in a unipolar mode within the preset duration to supply one of a first electric polarity and a second electric polarity for the at least two microneedle electrodes (remote ground electrode) and supply another one of the first electric polarity and the second electric polarity for the return electrode (remote ground electrode) ([0031]).
Concerning claim 8, Wootten et al. disclose wherein the determining the movement range of the microneedle electrode (112) in the length direction according to the penetration depth of the microneedle electrode (112) comprises: determining a minimum energy output depth of the microneedle electrode (112) according to the part to be treated; and determining the movement range of the microneedle electrode (112) in the length direction according to the penetration depth and the minimum energy output depth ([0021]).
Concerning claim 9, Wootten et al. disclose wherein the obtaining the penetration depth of the microneedle electrode (112) comprises: obtaining the penetration depth of the microneedle electrode (112) according to a mapping table (program selection step 202) between the part to be treated and a preset penetration depth of the microneedle electrode (112) ([0008-0009], [0062], [0066]).
Concerning claim 11, as illustrated in at least Fig. 1A-B, Wootten et al. disclose a radio-frequency microneedle therapy instrument (microneedling system 100; [0028]), comprising:
at least two microneedle electrodes movable along a length direction of the at least two microneedle electrodes (microneedle array 110 may comprise one or more microneedles configured to be applied to penetrate skin when driven by motor 108 that drives microneedles 112 in a linearly reciprocating motion; [0029-0030]);
a power supply module configured to supply radio-frequency energy for the at least two microneedle electrodes (interface 122 comprises power to the system 100 and/or the handpiece 102 for application of RF energy; [0044-0045]);
a linear motor configured to drive the at least two microneedle electrodes to move (motor 108 that drives microneedles 112 in a linearly reciprocating motion; [0030]); and
at least one processor, a memory, and a microneedle therapy control program stored in the memory and executable on the processor, wherein when executed by the at least one processor (one or more processors and/or memory comprise software for operating the system, including but not limited to controlling the motor 108, controlling the power supplied to the RF electrodes, controlling the signal generator generating ultrasound waves, and/or interpreting the output signals of the ultrasound transducer 120; [0045]), the micro needle therapy control program is configured to:
obtain a penetration depth of the at least two microneedle electrodes; determine a movement range of the at least two microneedle electrodes along the length direction according to the penetration depth of the at least two microneedle electrodes; send a first control signal to the linear motor, to allow the linear motor to drive the at least two microneedle electrodes to move along the length direction at a preset speed within the movement range (system updates operating parameters of the array, including penetration depth, in step 212, where motor 108 drives each of the microneedles 112 simultaneously in a linearly reciprocating motion such that the microneedles 112 are inserted a known depth into the skin when the motor 108 reciprocates the microneedle array 110 to cycle between two or more penetration depth in a regular pattern; [0030], [0061], [0067]) and send a second control signal to the power supply module, to allow the power supply module to supply the radio-frequency energy for the at least two microneedle electrodes, so as to treat the target tissue at different depths during a movement of the at least two microneedle electrodes within the movement range; wherein the movement of the at least two microneedle electrodes within the movement ranges means that the at least two microneedle electrodes are operable to move inwards from the human body surface, or the at least two microneedle electrodes are operable to penetrate into the human body at the penetration depth and then move along the direction from inside the human body to outside the human body (treatment is initiated in step 214 where RF energy is delivered to microneedle array 110 and the motor 108 may cycle between two or more penetration depths below the skin surface in a regular pattern, and energy is supplied at each penetration depth; [0031], [0058], [0061], [0067]).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wootten et al. (WO2020/086552, previously cited), as applied to claim 6, in further view of Lei (CN111529056, using US2023/0293221 as translation, , previously cited).
Concerning claim 7, while Wootten et al. disclose the method to control energy delivery in both monopolar and bipolar modes (see claims 2 & 6), Wootten et al. fail to specifically disclose wherein the fourth control signal is further configured to trigger the power supply module to be in a bipolar mode during a conversion duration, to supply one of the first electric polarity and the second electric polarity for at least one of a plurality of microneedle electrodes and supply another one of the first electric polarity and the second electric polarity for remaining microneedle electrodes of the plurality of the microneedle electrodes, the conversion duration is a part of the preset duration, and the unipolar mode and the bipolar mode are switched at least once within the preset duration. However, Lei et al. disclose a microneedle therapy control method comprising sending a control signal to the power supply module (10) from a controller (50), wherein the control signal is further configured to trigger the power supply module (10) to be in a bipolar mode during a conversion duration, to supply one of the first electric polarity and the second electric polarity for at least one of a plurality of microneedle electrodes (30) and supply another one of the first electric polarity and the second electric polarity for remaining microneedle electrodes of the plurality of the microneedle electrodes (30), the conversion duration is a part of the preset duration, and the unipolar mode and the bipolar mode are switched at least once within the preset duration. At the time the invention was effectively filed, it would have been obvious to one of ordinary skill in the art to modify the invention of Wootten et al. such that the fourth control signal is further configured to trigger the power supply module to be in a bipolar mode during a conversion duration, to supply one of the first electric polarity and the second electric polarity for at least one of a plurality of microneedle electrodes and supply another one of the first electric polarity and the second electric polarity for remaining microneedle electrodes of the plurality of the microneedle electrodes, the conversion duration is a part of the preset duration, and the unipolar mode and the bipolar mode are switched at least once within the preset duration in order to provide the benefit of the action area of the microneedle having better treatment effect in a width horizontal to the skin and a depth perpendicular to the skin, which is beneficial to improve the uniformity of energy output as taught by Lei et al. ([0012-0016], [0038], [0061-0062]; Fig. 1 & 5)
Response to Arguments
Applicant's arguments filed 1/7/2026 have been fully considered but they are not persuasive.
In response to Applicant’s arguments that Wootten fails to disclose treating tissue at various depths during one needle insertion, the Examiner respectfully disagrees. Par. [0061] of Wootten states:
“In some embodiments, the microneedling system 100 may penetrate the same area of interest repeatedly with microneedles 112 using different penetration depths to result in a three-dimensional array of volumes of coagulation 126 as shown in FIG. 3C. The remaining operating parameters may be the same or different for each penetration depth. In some embodiments, the microneedling system 100 may be configured to rapidly perform multiple penetrations at different depths before the operator substantially moves the handpiece 102 to a different area of skin. For instance, the motor 108 may cycle between two or more penetration depths in a regular pattern. In some embodiments, multiple passes may be made over the same treatment area with the penetration depth being different for each pass.”
While Wootten is silent as to if the movement range is entirely below the skin surface, Wootten clearly teaches a movement range comprising two penetration depths and treating tissue at those penetration depths, the movement of the needles comprising movement from exterior to the skin surface, movement penetrating to a first skin depth, movement withdrawing to the exterior of the skin surface, and movement penetrating to a second skin depth, where the “movement range” can be considered exterior to the skin to the deepest penetration depth and the target tissue is treated at the at least two different penetration depths.
In response to Applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, the teachings of Lei are not relied upon to teach the movement range.
The Examiner notes that the claim(s) fails to recite the movement range being entirely below the skin surface.
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 JAYMI E DELLA whose telephone number is (571)270-1429. The examiner can normally be reached on M-Th 6:00 am - 4:45 pm.
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/JAYMI E DELLA/Primary Examiner, Art Unit 3794
JAYMI E. DELLA
Primary Examiner
Art Unit 3794