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 .
Priority
For the purpose of prior art consideration, the effective filing date of the instant application is based on the application filed in Japan on January 20th, 2023. However, priority to this date is not perfected until an English translation of the certified copy of the instant application is filed.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-4, 6, 8-11, 13, 15-19 and 21-25 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Whether a Claim is to a Statutory Category
In the instant case, claims 1-4, 6 and 21-25 recite an apparatus/machine; claims 8-11 and 13 recite a method/process and claims 15-19 recite a non-transitory computer readable storage medium/machine that are performing a series of functions. Therefore, these claims fall within the four statutory categories of invention of a machine. Step 1 is satisfied.
Step2A – Prong 1: Does the Claim Recite a Judicial Exception
Exemplary claim 1 recites the following abstract concepts that are found to include an enumerated “abstract idea”:
An item information reading apparatus for reading information regarding items sold at a store, the reading apparatus comprising:
an antenna through which code information stored in a wireless tag attached to an item is wirelessly read;
a scanner configured to read code information from a symbol attached to an item;
a switch;
an interface connectable to an external device, which is either a point-of- sale (POS) terminal in the store or a server device for managing information regarding the items sold at the store; and
a processor configured to
in response to operation of the switch, determine whether code information of an item is read by the antenna or the scanner, and upon determining that the code information of the item is read by the antenna or the scanner, register the code information in a transmission buffer, and
cause the interface to transmit to the external device the code information registered in the transmission buffer, wherein
the processor is configured to prevent code information from being doubly registered in the transmission buffer when the code information read by the antenna and the code information read by the scanner are identical.
[Emphasis added to show the bolded abstract idea being executed by unbolded additional elements that do not meaningfully limit the abstract idea]
This apparatus claim is grouped within the "certain methods of organizing human activity” grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test because the claims involve a series of steps for following rules or instructions for reading information regarding items sold at a store by reading and scanning code information relating to said items, which is a process that is encompassed by the abstract idea of managing personal behavior. See e.g., MPEP 2106.04(a)(2)(II)(C) and Subject Matter Eligibility Example 36.
Although claim 1 (and similarly claims 8 and 15) now show the processor preventing code information from being doubly registered in the transmission buffer, said preventing step is well-understood, routing and conventional in the art as disclosed by Papageorgiou et al. (US 2016/0048596 A1) ¶ [0004] – stating filtering techniques in data management, such as removal of duplicate data, are conventional. Accordingly, claim 1 (and similarly claims 8 and 15) are found to recite abstract idea(s).
Step2A – Prong 2: Does the Claim Recite Additional Elements that Integrate the Judicial Exception into a Practical Application
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test, the additional elements of the claims such as item information reading apparatus, antenna, scanner, network interface, external device, processor and wireless tag merely use a computer as a tool to perform an abstract idea and/or generally link the use of a judicial exception to a particular technological environment. Specifically, the item information reading apparatus, antenna, scanner, network interface, external device, processor and wireless tag performs the steps or functions of following rules or instructions for reading information regarding items sold at a store. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer (or technical elements disclosed at a high level of generality and being used in their ordinary capacity such as item information reading apparatus, antenna, scanner, switch, interface, external device, point-of-sale terminal, server, processor, transmission buffer and wireless tag) performing functions of wireless reading, reading, managing information, determining, registering, transmitting and preventing that correspond to acts required to carry out the abstract idea (MPEP 2106.05(f) and (h)). As noted above, the preventing step is well understood, routine and conventional in the art as disclosed by Papageorgiou and therefore, does not improve the functioning of the claimed processor. Therefore, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
Step2B: Does the Claim Amount to Significantly More
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test, the additional elements of item information reading apparatus, antenna, scanner, switch, interface, external device, point-of-sale terminal, server, processor, transmission buffer and wireless tag being used to perform the steps of wireless reading, reading, managing information, determining, registering, transmitting and preventing amounts to no more than using a computer or processor to automate and/or implement the abstract idea of following rules or instructions for reading information regarding items sold at a store. As discussed above, taking the claim elements separately, item information reading apparatus, antenna, scanner, switch, interface, external device, point-of-sale terminal, server, processor, transmission buffer and wireless tag performs the steps or functions of managing personal behavior by following rules or instructions for reading information regarding items sold at a store. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of managing personal behavior by following rules or instructions for reading information regarding items sold at a store because said combination of elements remains disclosed at a high level of generality. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(l)(A)(f) & (h)). Therefore, the claims are not patent eligible.
Independent claim 8 describes a method to perform functions of reading, managing information, determining, registering, transmitting and preventing relating to following rules or instructions for reading information regarding items sold at a store without additional elements beyond technical elements disclosed at a high level of generality such as an item information reading apparatus, antenna, scanner, switch, external device, point-of-sale terminal, server and transmission buffer that provide significantly more than the abstract idea of managing personal behavior by following rules or instructions for reading information regarding items sold at a store as noted above regarding claim 1. Therefore, this independent claim is also not patent eligible.
Independent claim 15 describes a non-transitory computer readable medium to perform functions of executing, reading, managing information, determining, registering, transmitting and preventing relating to following rules or instructions for reading information regarding items sold at a store without additional elements beyond technical elements disclosed at a high level of generality such as a non-transitory computer readable medium, computer, antenna, scanner, switch, external device, point-of-sale terminal, server and transmission buffer that provide significantly more than the abstract idea of managing personal behavior for reading information regarding items sold at a store as noted above regarding claim 1. Therefore, this independent claim is also not patent eligible.
Dependent claims 2-4, 6, 9-11, 13, 16-19 and 21-23 further describes the abstract idea of managing personal behavior. Dependent claims 2-4, 6, 9-11, 13, 16-19 and 21-23 add determining, reading, specifying, start reading, displaying, selecting, controlling, transmitting, clearing, receiving, emitting and registering steps that are executed by an item information reading apparatus, processor, non-transitory computer readable medium, computer, antenna, scanner, switch, display device, transmission buffer, external device, interface, buzzer and as disclosed in independent claims 1, 8 and 15, however these additional steps remain disclosed at a high level of generality while being used in their ordinary capacity and do not amount to more than mere computer implementation of the abstract idea, which does not integrate the abstract idea into a practical application or provide significantly more than the abstract idea. Therefore, dependent claims 2-4, 6, 9-11, 13, 16-19 and 21-23 are also not patent eligible. Further, the dependency of these claims on ineligible independent claims 1, 8 and 15 also renders dependent claims 2-4, 6, 9-11, 13, 16-19 and 21-23 as not patent eligible.
Dependent claims 24-25 further describes the abstract idea of managing personal behavior. Dependent claims 24-25 add elements of a housing, grip, switch, pedestal and a pair of clamping parts for placing and holding a portable terminal with a display device to the information reading apparatus of independent claim 1. However, these elements do not resolve the fact that said information reading apparatus of independent claim 1 remains disclosed at a high level of generality while being used in their ordinary capacity and does not amount to more than mere computer implementation of the abstract idea, which does not integrate the abstract idea into a practical application or provide significantly more than the abstract idea. Therefore, dependent claims 24-25 are also not patent eligible. Further, the dependency of these claims on ineligible independent claim 1 also renders dependent claims 24-25 as not patent eligible.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-4, 6, 8-11, 13, 15-19, 21-22 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Schuessler (US 2006/0289645 A1) in view of Itagaki (JP 2007065992 A).
Regarding Claim 1, 8 and 15, modified Schuessler teaches:
An item information reading apparatus/ A method performed by an item information reading apparatus, the method/ A non-transitory computer-readable storage medium for causing a computer to execute a process for reading information regarding items sold at a store, (See Schuessler ¶ [0034] - the present invention can be implemented in a variety of environments, including warehouses, retail [regarding items sold at a store by example] … [0048] – reader module and scanner module may each include software, hardware, and/or firmware, or any combination thereof, for performing their respective read and scan functionalities stored on memory components, disc-based storage, magnetic storage devices, optical storage, etc. [non-transitory computer-readable storage medium by example] and [0050] – a hand-held multi-mode reader) the apparatus/ method/ process comprising:
an antenna through which code information stored in a wireless tag attached to an item is wirelessly read (See Schuessler ¶ [0050] – a hand-held multi-mode reader including an antenna and [0056] – reader operational configurations for obtaining data from tags);
a scanner configured to read code information from a symbol attached to an item (See Schuessler ¶ [0038] - if tag fails to respond to a read request, information about an item associated with tag (such as an identification number) is still recoverable from machine readable symbol, as well as information associated with the item that may be stored in a database (associated with the identification number) and [0050] – a hand-held multi-mode reader including a scanner control module and a scanner mechanism);
a switch (As the specification defines a switch as a trigger switch, see Schuessler ¶ [0053] – trigger mechanism);
an interface connectable to an external device, … for managing information regarding the items sold at the store (See Schuessler ¶ [0040] – the item with which tag is associated can be handled in essentially the same way whether the RFID tag was readable or not (e.g., whether or not machine readable symbol had to be uncovered and scanned due to a read failure) because the same data can be obtained either way (i.e., by scanning or reading)… retail applications [regarding the items sold at the store by example] might literally encode, in a UCC-compliant backup barcode, product identification and serialization using Application Identifiers “01” and “21” (respectively), whereas the EPC tag format, for a 64-bit tag, does not have the capacity to literally represent that data, and uses a different scheme that requires a lookup table [managing information by example] and [0049] – communication module to transmit data to an external entity); and
a processor (See Schuessler ¶ [0065] – readers and scanners coupled to a computer system that is used to control their operation) configured to
in response to operation of the switch, determine whether code information of an item is read by the antenna or the scanner, and upon determining that the code information of the item is read by the antenna or the scanner, register the code information in a transmission buffer (See Schuessler ¶ [0053] – trigger mechanism is a trigger-shaped switch, one or more buttons, or other mechanism that an operator of reader can use to initiate a read and/or scan of tag by reader. In another embodiment, a software command or other initiating event is used to initiate a read and/or scan of tag by reader, [0077] – when the scan is completed first, the multi-mode reader may be configured to buffer the decoded machine readable symbol data and continue attempting to read the tag data until a timeout. In other words, the reader would be programmed to “accept” read data immediately, but would not “accept” the machine readable symbol data until and unless the read timeout expired. The buffered data may be discarded if the tag is successfully read and [0083] - the converse may be true, and the multi-mode reader would be configured to buffer any data decoded from a tag read until after a scan timeout, but would “accept” machine readable symbol data immediately upon decoding it), and
cause the interface to transmit to the external device the code information registered in the transmission buffer (See Schuessler ¶ [0079] – the generated data is buffered…the generated data can be stored in a memory internal to the reader/scanner, or can be stored externally), wherein
… when the code information read by the antenna and the code information read by the scanner are identical (See Schuessler ¶ [0077] – the machine readable symbol contains the same data as that encoded in the tag)
While Schuessler teaches a handheld apparatus for reading item information encoded in RFID tags or machine readable symbols, buffering said read item information and storing said read information locally on the apparatus or on an external device (Schuessler ¶ [0049], [0050-0052], [0065], [0077] and [0079]), Schuessler does not explicitly teach said external device is either a point-of-sale (POS) terminal in the store or a server device or that the processor is configured to prevent code information from being doubly registered in the transmission buffer. This is taught by Itagaki (See Itagaki ¶ [0014] – RFID tag reader connected to a POS terminal, [0021] - a processed flag for identifying whether or not the processing has been performed for each RFID tag ID and JAN code data related thereto is stored. The driver sequentially reads JAN codes of unprocessed data from the temporary data storage buffer and supplies them to the controller 13 by the action of the RFID tag reader control program and [0026] - the data temporary storage buffer is searched with the ID extracted from one RFID tag data and it is determined whether or not the same ID is already stored. If the same ID has already been stored, the extracted ID and JAN code are discarded). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the RFID tag and machine readable symbol item information reading system of Schuessler that operates in a retail environment, the use of data transmission to point-of-sale terminals and the prevention of data double registration in a transmission buffer as taught by Itagaki to make data reading more efficient by reading said data in a batch (Itagaki ¶ [0003]), thereby increasing the efficiency of the item information reading system of Schuessler.
Regarding Claim 2, 9 and 16, modified Schuessler teaches:
The item information reading apparatus/ method/ non-transitory computer-readable storage medium according to claim 1, 8 and 15, wherein the processor is configured to determine a reading start timing of the antenna and a reading start timing of the scanner (See Schuessler ¶ [0069] – after a triggering event leading to a read attempt, an imaging scanner could start acquiring images of the machine readable symbol).
Regarding Claim 3, 10 and 17, modified Schuessler teaches:
The item information reading apparatus/ method/ non-transitory computer-readable storage medium according to claim 2, 9 and 16, wherein the processor is configured to
determine whether to cause the scanner to read the code information at the reading start timing of the antenna (See Schuessler ¶ [0067] – a scan functionality of a scanner device is enabled after determining that the read failed), or
determine whether to cause the antenna to read the code information at the reading start timing of the scanner (See Schuessler ¶ [0076] – the scan of the machine readable symbol is completed before completion of the read [by the antenna], and it is not necessary to complete the read [by the antenna]).
Regarding Claim 4 and 11, modified Schuessler teaches:
The item information reading apparatus/ method according to claim 1 and 8, wherein the processor is configured to specify a format of information to be read by the scanner. (See Schuessler ¶ [0039] – multiple types of machine readable code formats and [0052] – Scanner control module generates a control signal to activate scanning mechanism, to cause scanning mechanism to perform imaging of machine readable symbol).
Regarding Claim 18, modified Schuessler teaches:
The non-transitory computer-readable storage medium according to claim 1, 8 and 15, wherein
the antenna is caused to start reading the code information and the is caused scanner to start reading the code information when the switch is operated (See Schuessler ¶ [0051-0053] – reader control module using an antenna to read tags and scanner control module using a scanning mechanism to optically scan a machine readable symbol, both of which are initiated by a trigger mechanism).
Regarding Claim 6, 13 and 19, modified Schuessler teaches:
The item information reading apparatus/ method/ non-transitory computer-readable storage medium according to claim 1, 8 and 15, wherein:
the processor is configured to
cause a display device to display a menu for selecting (See Schuessler ¶ [0048] – reader includes a user interface, including a display or graphical user interface, for interacting with the reader as needed) one of an option in which the scanner is caused to start reading the code information when the switch is operated while the code information is being read by the antenna (See Schuessler ¶ [0053] – trigger switch [0055] – Dual-mode reader can be configured to attempt to both read tag and scan a machine readable symbol of tag whenever trigger mechanism is activated and [0069] - after a triggering event leading to a read attempt, an imaging scanner could start acquiring images of the machine readable symbol) and an option in which the antenna is caused to start reading the code information when the switch is operated while the code information is being read by the scanner (See Schuessler ¶ [0055] – Dual-mode reader can be configured to attempt to both read tag and scan a machine readable symbol of tag whenever trigger mechanism is activated and [0065] - a reader/scanner system can be configured to ensure that machine readable symbol is not fully scanned and decoded if the tag is successfully read), and
control the antenna and the scanner based on the selected one of the options (See Schuessler ¶ [0051-0053] – reader control module using an antenna to read tags and scanner control module using a scanning mechanism to optically scan a machine readable symbol, both of which are initiated by a trigger mechanism).
Regarding Claim 21, modified Schuessler teaches:
The item information reading apparatus according to claim 1, wherein the processor is configured to (See claim 1 above)
While Schuessler teaches a handheld apparatus for reading item information encoded in RFID tags or machine readable symbols, buffering said read item information and storing said read information locally on the apparatus or on an external device (Schuessler ¶ [0049], [0050-0052], [0065], [0077] and [0079]), Schuessler does not explicitly teach that clear[ing] the code information registered in the transmission buffer after the code information is transmitted to the external device. This is taught by Itagaki (See Itagaki ¶ [0031-0032] – the driver extracts the JAN code of the data taken out from the temporary data storage buffer and supplies this JAN code to the controller. Thereafter, the driver waits for a receipt confirmation instruction from the controller. If the receipt confirmation instruction is received, the driver again searches whether or not unprocessed data is stored in the temporary data storage buffer. When it is detected that the data is stored, the above processing is executed again, where, said above processing comprises: when it is detected that unprocessed data is stored, the driver takes out the unprocessed data with the earliest storage order from the data temporary storage buffer). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the RFID tag and machine readable symbol item information reading system of Schuessler that operates in a retail environment, the use of data clearing in a data transmission buffer as taught by Itagaki to make data reading more efficient by reading said data in a batch (Itagaki ¶ [0003]), thereby increasing the efficiency of the item information reading system of Schuessler.
Regarding Claim 22, modified Schuessler teaches:
The item information reading apparatus according to claim 1, wherein the processor is configured to:
determine whether a send command has been received from the external device (See Schuessler ¶ [0029] – A reader may be requested by an external application to address the population of tags), and
cause the interface to transmit the code information registered in the transmission buffer to the external device upon determining that the send command has been received (See Schuessler ¶ [0049] – communication module can be used to receive data from an external entity and to transmit data to the external entity and [0079] - the generated data is buffered… the generated data can be stored in a memory internal to the reader/scanner, or can be stored externally).
Regarding Claim 24, modified Schuessler teaches:
The item information reading apparatus according to claim 1, further comprising:
a housing; and
a grip connected to the housing and having the switch (See Schuessler ¶ [0050] – trigger switch (610), housing (612) of reader has a form-factor that is adapted to be held in the hand of a human operator [grip by definition] as shown in Fig. 6).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Schuessler (US 2006/0289645 A1) in view of Itagaki (JP 2007065992 A) and Mihara et al. (US 2009/0210310 A1).
Regarding Claim 23, modified Schuessler teaches:
The item information reading apparatus according to claim 1, further comprising:
… when the code information is registered in the transmission buffer (See claim 1 above and Schuessler ¶ [0079] - the generated data is buffered… the generated data can be stored in a memory internal to the reader/scanner, or can be stored externally).
While Schuessler teaches a handheld apparatus for reading item information encoded in RFID tags or machine readable symbols, buffering said read item information, storing said read information locally on the apparatus or on an external device and alerting an operator with audio indicators (Schuessler ¶ [0049], [0050-0052], [0064], [0065], [0077] and [0079]), Schuessler does not explicitly teach that said audio indicator is a buzzer, wherein the processor is configured to cause the buzzer to emit a sound. This is taught by Mihara (See Mihara ¶ [0049] – the alarm sound generating section generates a buzzer sound). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the RFID tag and machine readable symbol item information reading system of Schuessler that alerts operators with audio indicators, the use of a buzzer as a sound output device as taught by Mihara to improve the operation efficiency of the commodity registration (Mihara ¶ [0062]), thereby increasing the efficiency of the item information reading system of Schuessler.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Schuessler (US 2006/0289645 A1) in view of Itagaki (JP 2007065992 A) and Boyd et al. (US 2010/0025473 A1).
The item information reading apparatus according to claim 24, further comprising (See claim 24 above):
While Schuessler teaches a handheld apparatus for reading item information encoded in RFID tags or machine readable symbols and displaying information through a user interface accessible on a housing, such as a display (Schuessler ¶ [0048], [0050-0052], [0064] and [0065]), Schuessler does not explicitly teach a pedestal disposed on the grip and on which a portable terminal having a display device is placeable This is taught by Boyd (See Boyd ¶ [0038-0039] – to allow the barcode (beam target) to be scanned while also allowing the scan acknowledge to be visible on the display 30 … the handle 20 having a proximal end 50 for coupling to a device (e.g., computer 24) as shown in Figs. 2-3 and 10). Boyd further teaches a pair of clamping parts capable of holding the portable terminal on the pedestal (See Boyd ¶ [0050] – the mechanical coupling (38) can be configured to include one or more slots (38a) and mating protrusions (38b) and one or more latches (38c) and corresponding slots (38d) on opposing sides 79 of the proximal portion 50, wherein the element set of (38a, 38b) and (38c, 38d) form the pair of clamping parts by example as shown in Figs. 2 and 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include in the RFID tag and machine readable symbol item information reading apparatus of Schuessler that comprises a form factor that is meant to held in an operators hand and a display interface, the use of clamping parts to hold said display interface to said hand-held form factor as taught by Boyd to reduce user fatigue and forestall potential employee loss work time due to claims of carpal tunnel syndrome (CTS), thereby improving productivity (Boyd ¶ [0029]), thereby increasing the efficiency of the item information reading apparatus of Schuessler.
Response to Arguments
Applicant's arguments filed 12/08/2025 have been fully considered but they are not persuasive.
Rejection under 35 U.S.C. § 101:
The amendments to independent claims 1, 8 and 15 do not improve patent eligibility of the claimed invention of the instant application and the previous rejection under 35 U.S.C. § 101 in maintained.
Contrary to the applicant’s assertion that amended independent claims 1, 8 and 15 reflect a specific improvement to the functioning of an item information reading apparatus itself in the specific technological environment of a store by registering reading results in a transmission buffer and specifically preventing double registration when the information from the antenna and scanner is identical, said amendments do not improve the functioning of an item information reading apparatus. This is because said prevention of double registration of data into a transmission buffer, as currently limited by the amended claims is well understood, routine and conventional activity as described in the current rejection under 35 U.S.C. § 101. This leaves amended independent claims 1, 8 and 15 without any clear improvement to the underlying technology and said claims remain executed by technical elements disclosed at a high level of generality and in their ordinary capacity by merely applying well understood, routine and conventional activity to perform the functions required by said claims, which does not show integration into a practical application nor does it show significantly more than the abstract ideas discussed above in the current rejection under 35 U.S.C. § 101. Further, due to this high level of generality, said claims do not reflect a technological improvement to a technical problem, but rather only reflect improvement of the abstract idea. Any improvement of a claimed invention must be clearly reflected by said claims.
Dependent claims 2-4, 6, 9-11, 13, 16-19 and 21-25 also remain rejected as described above in the current rejection under 35 U.S.C. § 101.
The specification of an instant application is not read into the claims during examination.
Rejection under 35 U.S.C. § 103:
The amendments to independent claims 1, 8 and 15 as they are currently limited are no longer taught by the prior art combination of Schuessler and Billings. Billings is no longer relied on as a prior art reference. However, the amended independent claims are taught by the prior art combination of Schuessler and Itagaki previous rejection under 35 U.S.C. § 103 is maintained.
The examiner agrees with the applicant’s assertion that Schuessler and Billings fail to teach preventing double registration in a transmission buffer when codes read by an antenna and a scanner are identical, as required by amended claim 1 (and similarly claims 8 and 15). However, these claim features are taught by the combination of Schuessler and Itagaki as noted above in the current rejection under 35 U.S.C. § 103.
Dependent claims 2-4, 6, 9-11, 13 and 16-19 also remain rejected as described above in the current rejection under 35 U.S.C. § 103.
New dependent claims 21-25 are rejected for reasons described above in the current rejection under 35 U.S.C. § 103.
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 MATTHEW S WERONSKI whose telephone number is (571)272-5802. The examiner can normally be reached M-F 8 am - 5 pm EST.
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/MATTHEW S WERONSKI/Examiner, Art Unit 3627
/PETER LUDWIG/Primary Examiner, Art Unit 3627