DETAILED ACTION
Response to Arguments
Applicant argues that the prior art does not teach the amended limitation of “a control system configured to alternate between a first rate of the first exposure profile and a second rate of the second exposure profile that is different than the first rate”. The examiner respectfully disagrees. Onozawa discloses alternating image capture of a color image and an infrared image, wherein the color image is acquired when the infrared LED is off (Onozawa, para. 0062-0063, Fig. 3). Additionally, see Figs. 12 and/or 15, wherein the rate of capturing images with the light on/off is different.
Claims 15 and 19 are now objected to due to the combination of references utilized to reject these claims.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) was submitted on 08/19/2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
Claim 20 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 20 states “wherein the control system is configured to detect a pair of eyeglasses from a vehicle occupant and determine that the pair of eyeglass substantially block the at least one of infrared (IR) or near infrared (NIR) illumination, and in response, rely on the second image type for driver monitoring.” Applicant cites para. 0023 of the original field specification for support. However, the examiner does not see support for “determining that the eyeglasses substantially block IR/NIR illumination”. The last sentence of the para. 0023 states “For example, if a driver is wearing glasses that substantially blocks the IR/NIR illumination, the second mode of operation can be utilized to monitor the driver’s eyes.” Please clarify where there is support for a determination step.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Onozawa (US 20130002882) in view of Sugiyama (US 20180367745).
Regarding claim 1, Onozawa discloses a monitoring system comprising:
an imaging device including a first exposure profile and a second exposure profile; [See Onozawa [Fig. 1] Solid-state imaging element (10). Also, see 0062-0063, image capture of a color and an infrared image.]
an illumination source configured to emit at least one of infrared (IR) or near infrared (NIR) illumination; and [See Onozawa [Fig. 1] Infrared LED (70).]
a control system configured to alternate between a first rate of the first exposure profile and a second rate of the second exposure profile that is different than the first rate and [See Onozawa [0062-0063 and Fig. 3] Alternating image capture of a color image and an infrared image, wherein the color image is acquired when the infrared LED is OFF. Also, see Abstract, color image in synch with a non-emitting period and an infrared image in synch with an emitting period of the infrared LED. Also, see Fig. 15 and/or Fig. 12, the rate of capturing images with light off is different than with light on.]
Onozawa does not explicitly disclose
However, Sugiyama does disclose
[See Sugiyama [0087] Different exposure periods between the infrared pixels and the color pixels. Also, see 0091, with regard to the W pixel, makes the exposure period correspond to an IR irradiation period and 0092, with regard to RGB pixels, makes the exposure period correspond to an IR non-irradiation period. Also, see 0142, IR irradiation period is short and the IR non-irradiation period is long.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa to add the teachings of Sugiyama, in order to improve upon image quality [See Sugiyama [0142]].
Regarding claim 2, Onozawa (modified by Sugiyama) disclose the system of claim 1. Furthermore, Onozawa does not explicitly disclose
wherein the first exposure profile has a first exposure time for capturing the emission of illumination from the illumination from the illumination source and the second exposure profile has a second exposure time that is longer than the first exposure profile for capturing light in the visible spectrum from the ambient lighting.
However, Sugiyama does disclose
wherein the first exposure profile has a first exposure time for capturing the emission of illumination from the illumination from the illumination source and the second exposure profile has a second exposure time that is longer than the first exposure profile for capturing light in the visible spectrum from the ambient lighting. [See Sugiyama [0087] Different exposure periods between the infrared pixels and the color pixels. Also, see 0091, with regard to the W pixel, makes the exposure period correspond to an IR irradiation period and 0092, with regard to RGB pixels, makes the exposure period correspond to an IR non-irradiation period. Also, see 0142, IR irradiation period is short and the IR non-irradiation period is long.]
Applying the same motivation as applied in claim 1.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Onozawa (US 20130002882) in view of Sugiyama (US 20180367745) and in further view of Sharma et al. (herein after will be referred to as Sharma) (US Patent No. 11,606,517).
Regarding claim 3, Onozawa (modified by Sugiyama) disclose the system of claim 1. Furthermore, Onozawa does not explicitly disclose
wherein the control system is further configured to determine an intensity of the ambient lighting by detecting a quality characteristic in images captured during the second exposure profile.
However, Sharma does disclose
wherein the control system is further configured to determine an intensity of the ambient lighting by detecting a quality characteristic in images captured during the second exposure profile. [See Sharma [Col. 31 lines 31-35] Compare the intensity of the light in captured image to one or more intensity thresholds to determine ambient lighting conditions. Also, see [Col. 25 lines 20-30] color images.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Sugiyama) to add the teachings of Sharma, in order to adjust one or more settings of a camera based on ambient lighting conditions [See Sharma [Col. 31 lines 9-15]].
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Onozawa (US 20130002882) in view of Sugiyama (US 20180367745) in view of Sharma (US Patent No. 11,606,517) and in further view of Raag (US 20220308228).
Regarding claim 4, Onozawa (modified by Sugiyama and Sharma) disclose the system of claim 3. Furthermore, Onozawa does not explicitly disclose
wherein the control system is further configured to, upon a determination that the intensity of the ambient lighting is below a threshold, synchronize the imaging device and the illumination source to a second pattern that is different than the first pattern.
However, Sharma does disclose
wherein the control system is further configured to, upon a determination that the intensity of the ambient lighting is below a threshold, [See Sharma [Col. 31 lines 9-15] Adjust one or more settings of the camera based on ambient lighting conditions (daytime vs nighttime, Col. 31 line 22). Also, see Col. 31 lines 31-35, compare ambient intensity to threshold.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Sugiyam) to add the teachings of Sharma, in order to adjust one or more settings of a camera based on ambient lighting conditions [See Sharma [Col. 31 lines 9-15]].
Onozawa (modified by Sugiyama and Sharma) do not explicitly disclose
synchronize the imaging device and the illumination source to a second pattern that is different than the first pattern.
However, Raag does disclose
synchronize the imaging device and the illumination source to a second pattern that is different than the first pattern. [See Raag [0394] Infrared imaging with shorter exposure times at night and explains the disadvantages of using a visible camera at reduced light conditions. Also, see 0063, Infrared and visual imaging during daytime and Infrared during nighttime. Also, see 0068, active illumination for infrared sensor.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Sugiyama and Sharma) to add the teachings of Raag, in order to utilize infrared imaging with active illumination at nighttime due to the disadvantages of using a visible camera at nighttime.
Regarding claim 5, Onozawa (modified by Sugiyama, Sharma and Raag) disclose the system of claim 4. Furthermore, Onozawa does not explicitly disclose
wherein the second pattern includes only the first exposure profile.
However, Raag does disclose
wherein the second pattern includes only the first exposure profile. [See Raag [0394] Infrared imaging with shorter exposure times at night.]
Applying the same motivation as applied in claim 4.
Regarding claim 6, Onozawa (modified by Sugiyama, Sharma and Raag) disclose the system of claim 4. Furthermore, Onozawa discloses
wherein the control system is configured to alternate between the first exposure profile and the second exposure profile in accordance with the first pattern. [See Onozawa [0062-0063 and Fig. 3] Alternating image capture of a color image and an infrared image, wherein the color image is acquired when the infrared LED is OFF. Also, see Abstract, color image in synch with a non-emitting period and an infrared image in synch with an emitting period of the infrared LED.]
Onozawa does not explicitly disclose
wherein the control system is further configured to maintain only the second pattern until a determination that the intensity of the ambient lighting is above a threshold,
However, Raag does disclose
wherein the control system is further configured to maintain only the second pattern until a determination that the intensity of the ambient lighting is above a threshold, [See Raag [0394] Infrared imaging with shorter exposure times at night and explains the disadvantages of using a visible camera at reduced light conditions. Also, see 0063, Infrared and visual imaging during daytime.]
Applying the same motivation as applied in claim 4.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Onozawa (US 20130002882) in view of Sugiyama (US 20180367745) and in further view of Muth et al. (herein after will be referred to as Muth) (US Patent No. 5,788,357).
Regarding claim 7, Onozawa (modified by Sugiyama) disclose the system of claim 1. Furthermore, Onozawa does not explicitly disclose
further including an optical element fixed relative to the illumination source configured to collimate or diffract the at least one infrared (IR) or near infrared (NIR) illumination.
However, Muth does disclose
further including an optical element fixed relative to the illumination source configured to collimate or diffract the at least one infrared (IR) or near infrared (NIR) illumination. [See Muth [Fig. 6] Collimating optical element (90) receives light emitted by the light assembly and collimate it into a given direction.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Sugiyama) to add the teachings of Muth, in order to control the direction of light sources and improve upon imaging.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Onozawa (US 20130002882) in view of Sugiyama (US 20180367745) and in further view of Weller et al. (herein after will be referred to as Weller) (US 20180099612).
Regarding claim 8, Onozawa (modified by Sugiyama) disclose the system of claim 1. Furthermore, Onozawa does not explicitly disclose
wherein the imaging device is coupled to a rearview mirror assembly for a vehicle.
However, Weller does disclose
wherein the imaging device is coupled to a rearview mirror assembly for a vehicle. [See Weller [Figs. 1-2 and 0014]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Sugiyama) to add the teachings of Weller, in perform a simple substitution of camera housings.
Regarding claim 9, Onozawa (modified by Sugiyama and Weller) disclose the system of claim 8. Furthermore, Onozawa does not explicitly disclose
wherein the rearview mirror assembly includes an electro-optic device defining a front surface configured to face a vehicle occupant position and a display located on a side of the electro-optic device opposite the front surface.
However, Weller does disclose
wherein the rearview mirror assembly includes an electro-optic device defining a front surface configured to face a vehicle occupant position and a display located on a side of the electro-optic device opposite the front surface. [See Weller [Figs. 1-2 and 0014]
Applying the same motivation as applied in claim 8.
Claims 10-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Onozawa (US 20130002882) in view of Weller (US 20180099612) in view of Saenger et al. (herein after will be referred to as Saenger) (US 20180316859) and in further view of Noble (US 20240059220).
Regarding claim 10, Onozawa discloses a rearview mirror assembly comprising:
including a first exposure profile and a second exposure profile; [See Onozawa [Fig. 1] Solid-state imaging element (10). Also, see 0062-0063, image capture of a color and an infrared image.]
a control system configured to alternate between the first exposure profile and the second exposure profile in accordance with a first pattern, wherein the first exposure profile corresponds to the emission of illumination from the illumination source and the second exposure profile corresponds to ambient lighting without the emission of illumination form the illumination source, and [See Onozawa [0062-0063 and Fig. 3] Alternating image capture of a color image and an infrared image, wherein the color image is acquired when the infrared LED is OFF. Also, see Abstract, color image in synch with a non-emitting period and an infrared image in synch with an emitting period of the infrared LED.]
Onozawa does not explicitly disclose
an imaging device offset from the transmission element,
an illumination source aligned with the transmission element and configured to emit at least one of infrared (IR) or near infrared (NIR) illumination; and
a housing; a transmission element including a reflective state; a filter configured to selectively attenuate a transmission of infrared (IR) or near infrared (NIR) illumination or attenuate a transmission of ambient lighting based on an energization state; and a monitoring system at least partially located in the housing and comprising: an imaging device offset from the transmission element, aligned with the filter,
the energization state of the filter is synced with one of the first exposure profiles or the second exposure profiles.
However, Weller does disclose
an illumination source aligned with the transmission element and configured to emit at least one of infrared (IR) or near infrared (NIR) illumination; and [See Weller [0019-0021] light sources are disposed behind the electro-optic element/mirror. Also, see abstract, IR light source.]
a housing; a transmission element including a reflective state; a filter configured to attenuate a transmission of one or more wavelength spectrums; and a monitoring system at least partially located in the housing and comprising: an imaging device aligned with the filter and [See Weller [Figs. 1-3 and 0014, 0023, 0034] Rearview mirror housing including an electro-optic element functioning as a mirror or a display, electro-optic color filter and a microcontroller.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa to add the teachings of Weller, in perform a simple substitution of camera housings.
Onozawa (modified by Weller) do not explicitly disclose
an imaging device offset from the transmission element,
the energization state of the filter is synced with one of the first exposure profiles or the second exposure profiles.
However, Saenger does disclose
the energization state of the filter is synced with one of the first exposure profiles or the second exposure profiles. [See Saenger [0045] Filter is a liquid crystal structure. Also, see 0059, Liquid crystal structures are selectively activated between a first configuration and a second configuration. Also, see 0063, filters for operating in NIR mode while filtering visible light and visible mode while filtering infrared.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Weller) to add the teachings of Saenger, in order to improve upon image quality by controlling a transmission of entering light [See Saenger [0002]].
Onozawa (modified by Weller and Saenger)
an imaging device offset from the transmission element,
However, Noble does disclose
an imaging device offset from the transmission element, [See Noble [Fig. 1] Camera positioned adjacent to rearview mirror (108).]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Weller and Saenger) to add the teachings of Noble, in order to perform reorganization of parts and position the camera at a different location for a rearview mirror {For example, applicant’s published specification para. 0026 states that the camera can be located anywhere within vehicle, connected to the rearview mirror assembly, and located within the housing, i.e. engineering design choice).
Regarding claim 11, Onozawa (modified by Weller, Saenger and Noble) disclose the system of claim 10. Furthermore, Onozawa does not explicitly disclose
wherein the filter is configured to attenuate selected wavelengths from the ambient lighting outside of the illumination spectrum from the illumination source.
However, Saenger does disclose
wherein the filter is configured to attenuate selected wavelengths from the ambient lighting outside of the illumination spectrum from the illumination source. [See Saenger [0051] selectively limiting the transmission of light to the image sensor over one or more ranges of wavelengths. Also, see 0054, block some of the visible spectrum portion… the benefit to having independent control of the visible and near-infrared light.]
Applying the same motivation as applied in claim 11.
Regarding claim 12, Onozawa (modified by Weller, Saenger and Noble) disclose the system of claim 10. Furthermore, Onozawa does not explicitly disclose
wherein the filter includes a liquid crystal structure configured to switch between a first energization state, wherein an illumination spectrum from the illumination source is attenuated, and a second energization state, wherein selected wavelengths from the ambient lighting outside of the illumination spectrum from the illumination source is attenuated.
However, Saenger does disclose
wherein the filter includes a liquid crystal structure configured to switch between a first energization state, wherein an illumination spectrum from the illumination source is attenuated, and a second energization state, wherein selected wavelengths from the ambient lighting outside of the illumination spectrum from the illumination source is attenuated. [See Saenger [0045] Filter is a liquid crystal structure. Also, see 0059, Liquid crystal structures are selectively activated between a first configuration and a second configuration. Also, see 0063, filters for operating in NIR mode while filtering visible light and visible mode while filtering infrared.]
Applying the same motivation as applied in claim 10.
Regarding claim 13, Onozawa (modified by Weller, Saenger and Noble) disclose the system of claim 12. Furthermore, Onozawa does not explicitly disclose
wherein the control system is further configured to switch the filter to the first energization state when the imaging device is in the second exposure profile and switch the filter to the second energization state when the imaging device is in the first exposure profile.
However, Saenger does disclose
wherein the control system is further configured to switch the filter to the first energization state when the imaging device is in the second exposure profile and switch the filter to the second energization state when the imaging device is in the first exposure profile. [See Saenger [0003] Adjust the filter from the first configuration to the second configuration in response to an environmental lighting condition.]
Applying the same motivation as applied in claim 10.
Regarding claim 14, Onozawa (modified by Weller, Saenger and Noble) discloses the system of claim 13. Furthermore, Onozawa does not explicitly disclose
wherein the liquid crystal structure includes a chiral liquid crystal polymer disposed between a first substrate and a second substrate.
However, Saenger does disclose
wherein the liquid crystal structure includes a chiral liquid crystal polymer disposed between a first substrate and a second substrate. [See Saenger [0045] Filter is a liquid crystal structure which corresponds to a chiral liquid crystal polymer disposed between a first and second substrate.]
Applying the same motivation as applied in claim 10.
Regarding claim 16, Onozawa (modified by Weller, Saenger and Noble) disclose the assembly of claim 10. Furthermore, Onozawa discloses
wherein the first pattern includes alternating to the first exposure profile after each of the second exposure profiles. [See Onozawa [0062-0063 and Fig. 3] Alternating image capture of a color image and an infrared image, wherein the color image is acquired when the infrared LED is OFF. Also, see Abstract, color image in synch with a non-emitting period and an infrared image in synch with an emitting period of the infrared LED.]
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Onozawa (US 20130002882) in view of Weller (US 20180099612) in view of Sharma (US Patent No. 11,606,517) and in further view of Raag (US 20220308228).
Regarding claim 17, Onozawa discloses a rearview mirror assembly comprising:
an imaging device including a first exposure profile for generating a first image type and a second exposure profile for generating a second image type; [See Onozawa [Fig. 1] Solid-state imaging element (10). Also, see 0062-0063, image capture of a color and an infrared image.]
an illumination source configured to emit at least one of infrared (IR) or near infrared (NIR) illumination; [See Onozawa [Fig. 1] Infrared LED (70).]
a control system configured to alternate between the first exposure profile and the second exposure profile in accordance with a first pattern, wherein the first exposure profile corresponds to the emission of illumination from the illumination source and the second exposure profile corresponds to ambient lighting in the visible spectrum without the emission of illumination from the illumination source; and [See Onozawa [0062-0063 and Fig. 3] Alternating image capture of a color image and an infrared image, wherein the color image is acquired when the infrared LED is OFF. Also, see Abstract, color image in synch with a non-emitting period and an infrared image in synch with an emitting period of the infrared LED.]
Onozawa does not explicitly disclose
a housing: a display located within the housing; and a monitoring system at least partially located in the housing and comprising:
wherein the control system is further configured to detect a resolution of the second image type and, in response to the resolution being below a threshold, synchronize the imaging device and the illumination source to a second pattern that has fewer exposure profiles.
However, Weller does disclose
a housing: a display located within the housing; and a monitoring system at least partially located in the housing and comprising: [See Weller [Figs. 1-3 and 0014, 0023, 0034] Rearview mirror housing including an electro-optic element functioning as a mirror or a display, electro-optic color filter and a microcontroller.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa to add the teachings of Weller, in perform a simple substitution of camera housings.
Onozawa (modified by Weller) do not explicitly disclose
wherein the control system is further configured to detect a resolution of the second image type and, in response to the resolution being below a threshold, synchronize the imaging device and the illumination source to a second pattern that has fewer exposure profiles.
However, Sharma does disclose
wherein the control system is further configured to detect a resolution of the second image type and, in response to the resolution being below a threshold, [See Sharma [Col. 31 lines 9-15] Adjust one or more settings of the camera based on ambient lighting conditions (i.e. amount of lighting detail in an image) (daytime vs nighttime, Col. 31 line 22). Also, see Col. 31 lines 31-35, compare ambient intensity to threshold.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Weller) to add the teachings of Sharma, in order to adjust one or more settings of a camera based on ambient lighting conditions [See Sharma [Col. 31 lines 9-15]].
Onozawa (modified by Weller and Sharma) do not explicitly disclose
synchronize the imaging device and the illumination source to a second pattern that has fewer exposure profiles.
However, Raag does disclose
synchronize the imaging device and the illumination source to a second pattern that has fewer exposure profiles. [See Raag [0394] Infrared imaging with shorter exposure times at night and explains the disadvantages of using a visible camera at reduced light conditions. Also, see 0063, Infrared and visual imaging during daytime and Infrared during nighttime. Also, see 0068, active illumination for infrared sensor.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Weller and Sharma) to add the teachings of Raag, in order to utilize infrared imaging with active illumination at nighttime due to the disadvantages of using a visible camera at nighttime.
Regarding claim 18, Onozawa (modified by Weller, Sharma and Raag) disclose the assembly of claim 17. Furthermore, Onozawa does not explicitly disclose
wherein the display is configured to generate information related to the first image type and the second image type.
However, Weller does disclose
wherein the display is configured to generate information related to the first image type and the second image type. [See Weller [Figs. 1-3 and 0014, 0023, 0034] Rearview mirror with display.]
Applying the same motivation as applied in claim 17.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Onozawa (US 20130002882) in view of Weller (US 20180099612) in view of Sharma (US Patent No. 11,606,517) in view of Raag (US 20220308228) and in further view of Heo et al. (herein after will be referred to as Heo) (US 20190130579).
Regarding claim 20, Onozawa (modified by Weller, Sharma and Raag) disclose the assembly of claim 19. Furthermore, Onozawa does not explicitly disclose
wherein the control system is configured to detect a pair of eyeglasses from a vehicle occupant and determine that the pair of eyeglass substantially block the at least one of infrared (IR) or near infrared (NIR) illumination, and in response, rely on the second image type for driver monitoring.
However, Heo does disclose
wherein the control system is configured to detect a pair of eyeglasses from a vehicle occupant and determine that the pair of eyeglass substantially block the at least one of infrared (IR) or near infrared (NIR) illumination, and in response, rely on the second image type for driver monitoring. [See Heo [0043] Switching image modalities (i.e. infrared to visible) based on a predetermined condition. Also, see 0030, eye positions to be tracked even when glasses exists. Also, see 0033, Problems of IR rays include white spots appearing around eyes due to glasses. Also, see 0035.]
It would have been obvious to the person of ordinary skill in the art at the time of the effective filing date to modify the system by Onozawa (modified by Weller, Sharma and Raag) to add the teachings of Heo, in order to switch image modalities based on predetermined conditions such that imaging quality is improved. For example, see Heo [0033] Problems of IR rays include white spots appearing around eyes due to glasses.
Allowable Subject Matter
Claims 15 and 19 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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