DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This Office Action is responsive to the Applicant's communication filed 07 January 2026. In view of this communication and the amendment concurrently filed: claims 1-14 were previously pending; claims 15-20 were added by the amendment; and thus, claims 1-20 are now pending in the application.
Response to Arguments
The Applicant’s arguments, filed 07 January 2026, have been fully considered and are persuasive.
The Applicant’s argument (pages 1-2 of the Remarks) allege that the Yoneda reference does not disclose the newly added limitation of the independent claims, which recites that “no fan blade is provided” (or equivalent) on the outer radial surface of the rotor portion. Since Yoneda does disclose such fan blades (i.e. element 5 in figure 1), this argument is persuasive. However, the Iwai reference, previously cited, discloses alternative arrangements of fan blades, with blades provided either on the outer radial surface of the rotor portion or separately from the rotor portion. Thus, Yoneda in view of Iwai renders obvious the new limitations, and new grounds of rejection have been made in view of this combination.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d) or (f), 365(a) or (b), or 386(a), which papers have been placed of record in the file.
Disclosure
The specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4, 7-9, 11, 14-16, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoneda et al. (US 2014/0127049 A1), hereinafter referred to as “Yoneda”, in view of Iwai (US 2015/0295471 A1), hereinafter referred to as “Iwai”.
Regarding claim 1, Yoneda discloses an outer rotor type motor covered with a cover member [82] (fig. 1-2; ¶ 0021-0023), the motor comprising:
a motor substrate [11] (fig. 1; ¶ 0025);
a stator portion [3] provided on the motor substrate [11] (fig. 1; ¶ 0021, 0025);
a rotor portion [2] mounted with a rotational shaft [23] and configured to rotate about the stator portion [3] (fig. 1; ¶ 0021); and
a cover member [82] provided on an outside of the rotor portion [2] with respect to a radial direction of the rotor portion [2] and an axial direction of the rotational shaft [23] and arranged to be fixed (fig. 1; ¶ 0023),
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wherein a first opening portion [9] is formed on a central portion, in the radial direction, of a first portion of the cover member [82] opposing a part on which the rotational shaft [23] of the rotor portion [2] is mounted in the axial direction (fig. 1; ¶ 0023),
wherein the rotor portion [2] includes a cylindrical outer surface [21b] coaxial with the rotational shaft [23] (fig. 1; ¶ 0021), and
wherein an air is sucked inside of the cover member [82] from an outside of the cover member [82] through the first opening portion [9] by rotation of the rotor portion [2] (fig. 1; ¶ 0028), and the air sucked is discharged to the outside of the cover member [82] through a second opening portion [10] formed on a position away from the first opening portion [9] in the axial direction (fig. 1-2; ¶ 0028; the “intake port 9” is located at the top of the housing, while the “exhaust port 10” extends to the bottom of the housing).
Yoneda does not disclose that no fan blade is provided at a radially outer side of the cylindrical outer surface [21b] of the rotor portion [2].
Iwai discloses an outer rotor type motor [104/105] comprising a stator portion [3] and a rotor portion [2] mounted with a rotational shaft [1] and configured to rotate about the stator portion [3] (fig. 18-19; ¶ 0153-0157, 0159-0162), wherein the rotor portion [2] includes a cylindrical outer surface [2b] coaxial with the rotational shaft [1] and no fan blade [60] is provided at a radially outer side of the cylindrical outer surface [2b] of the rotor portion [2] (fig. 18; ¶ 0154-0155).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the fan blades of Yoneda separately from the rotor as taught by Iwai, in order to more effectively block radiant heat (¶ 0157 of Iwai).
Further, it has been held that making a component separable, in this case for the purpose of blocking radiant heat, instead of the integral structure disclosed in the prior art would have been a matter of obvious engineering choice. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 2, Yoneda, in view of Iwai, discloses a motor according to Claim 1, as stated above, wherein the second opening portion [10] is a gap space formed between the motor substrate [11] and the cover member [82] (fig. 1-2; ¶ 0023, 0028; the second opening portion is located axially above the substrate and axially below the cover member).
Regarding claim 4, Yoneda, in view of Iwai, discloses a motor according to Claim 1, as stated above, wherein an end portion of the rotational shaft [23] on a side of the first opening portion [9] is positioned inside of the cover member [82] with respect to the axial direction (fig. 1; ¶ 0021).
Regarding claim 7, Yoneda discloses an image forming apparatus for forming a toner image on a recording material (fig. 1-2; ¶ 0021-0023; neither the “image forming” language nor the recitation of its intended use imply any structure outside the motor structure recited in the body of the claim), the image forming apparatus comprising:
a main body frame [81] (fig. 1; ¶ 0023);
a motor substrate [11] (fig. 1; ¶ 0025);
a stator portion [3] provided on the motor substrate [11] (fig. 1; ¶ 0021, 0025);
a rotor portion [2] mounted with a rotational shaft [23] and configured to rotate about the stator portion [3] (fig. 1; ¶ 0021); and
a cover member [82] provided on an outside of the rotor portion [2] with respect to a radial direction of the rotor portion [2] and an axial direction of the rotational shaft [23] and arranged to be fixed (fig. 1; ¶ 0023),
wherein the motor substrate [11] is mounted on the main body frame [81] (fig. 1; ¶ 0023),
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wherein a first opening portion [9] is formed on a central portion, in the radial direction, of a first portion of the cover member [82] opposing a part on which the rotational shaft [23] of the rotor portion [2] is mounted in the axial direction (fig. 1; ¶ 0023),
wherein the rotor portion [2] includes a cylindrical outer surface [21b] coaxial with the rotational shaft [23] (fig. 1; ¶ 0021), and
wherein an air is sucked inside of the cover member [82] from an outside of the cover member [82] through the first opening portion [9] by rotation of the rotor portion [2] (fig. 1; ¶ 0028), and the air sucked is discharged to the outside of the cover member [82] through a second opening portion [10] formed on a position away from the first opening portion [9] in the axial direction (fig. 1-2; ¶ 0028; the “intake port 9” is located at the top of the housing, while the “exhaust port 10” extends to the bottom of the housing).
Yoneda does not disclose that no fan blade is provided at a radially outer side of the cylindrical outer surface [21b] of the rotor portion [2].
Iwai discloses an outer rotor type motor [104/105] comprising a stator portion [3] and a rotor portion [2] mounted with a rotational shaft [1] and configured to rotate about the stator portion [3] (fig. 18-19; ¶ 0153-0157, 0159-0162), wherein the rotor portion [2] includes a cylindrical outer surface [2b] coaxial with the rotational shaft [1] and no fan blade [60] is provided at a radially outer side of the cylindrical outer surface [2b] of the rotor portion [2] (fig. 18; ¶ 0154-0155).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the fan blades of Yoneda separately from the rotor as taught by Iwai, in order to more effectively block radiant heat (¶ 0157 of Iwai).
Further, it has been held that making a component separable, in this case for the purpose of blocking radiant heat, instead of the integral structure disclosed in the prior art would have been a matter of obvious engineering choice. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 8, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 7, as stated above, wherein the cover member [82] is mounted on the main body frame [81] and the second opening portion [10] is an opening formed on the main body frame [81] (fig. 1-2; ¶ 0023; the frame, element 6, is integrally formed with the outer cover, element 81).
Regarding claim 9, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 7, as stated above, wherein the second opening portion [10] is a gap space formed between the motor substrate [11] and the cover member [82] (fig. 1-2; ¶ 0023, 0028; the second opening portion is located axially above the substrate and axially below the cover member).
Regarding claim 11, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 7, as stated above, wherein an end portion of the rotational shaft [23] on a side of the first opening portion [9] is positioned inside of the cover member [82] with respect to the axial direction (fig. 1; ¶ 0021).
Regarding claim 14, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 7, as stated above, further comprising an outer cover [82] of the image forming apparatus configured to cover the main body frame [81], wherein the outer cover [82] forms the cover member [82] (fig. 1; ¶ 0023).
Regarding claim 15, Yoneda discloses an outer rotor type motor covered with a cover member [82] (fig. 1-2; ¶ 0021-0023), the motor comprising:
a motor substrate [11] (fig. 1; ¶ 0025);
a stator portion [3] provided on the motor substrate [11] (fig. 1; ¶ 0021, 0025);
a rotor portion [2] mounted with a rotational shaft [23] and configured to rotate about the stator portion [3] (fig. 1; ¶ 0021); and
a cover member [82] provided on an outside of the rotor portion [2] with respect to a radial direction of the rotor portion [2] and an axial direction of the rotational shaft [23] and arranged to be fixed (fig. 1; ¶ 0023),
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wherein a first opening portion [9] is formed on a central portion, in the radial direction, of a first portion of the cover member [82] opposing a part on which the rotational shaft [23] of the rotor portion [2] is mounted in the axial direction (fig. 1; ¶ 0023),
wherein the rotor portion [2] includes a cylindrical outer surface [21b] coaxial with the rotational shaft [23] (fig. 1; ¶ 0021), and
wherein an air is sucked inside of the cover member [82] from an outside of the cover member [82] through the first opening portion [9] by rotation of the rotor portion [2] (fig. 1; ¶ 0028), and the air sucked is discharged to the outside of the cover member [82] through a second opening portion [10] formed on a position away from the first opening portion [9] in the axial direction (fig. 1-2; ¶ 0028; the “intake port 9” is located at the top of the housing, while the “exhaust port 10” extends to the bottom of the housing).
Yoneda does not disclose that the cylindrical outer surface [21b] is free of radially outwardly projecting blades.
Iwai discloses an outer rotor type motor [104/105] comprising a stator portion [3] and a rotor portion [2] mounted with a rotational shaft [1] and configured to rotate about the stator portion [3] (fig. 18-19; ¶ 0153-0157, 0159-0162), wherein the rotor portion [2] includes a cylindrical outer surface [2b] coaxial with the rotational shaft [1] and the cylindrical outer surface [2b] is free of radially outwardly projecting blades [60] (fig. 18; ¶ 0154-0155).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the fan blades of Yoneda separately from the rotor as taught by Iwai, in order to more effectively block radiant heat (¶ 0157 of Iwai).
Further, it has been held that making a component separable, in this case for the purpose of blocking radiant heat, instead of the integral structure disclosed in the prior art would have been a matter of obvious engineering choice. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 16, Yoneda, in view of Iwai, discloses a motor according to Claim 15, as stated above, wherein the second opening portion [10] is a gap space formed between the motor substrate [11] and the cover member [82] (fig. 1-2; ¶ 0023, 0028; the second opening portion is located axially above the substrate and axially below the cover member).
Regarding claim 18, Yoneda, in view of Iwai, discloses a motor according to Claim 15, as stated above, wherein an end portion of the rotational shaft [23] on a side of the first opening portion [9] is positioned inside of the cover member [82] with respect to the axial direction (fig. 1; ¶ 0021).
Claim(s) 3, 10, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoneda and Iwai as applied to claims 1, 7, and 15, respectively, and further in view of Fukushima (US 2020/0177035 A1), hereinafter referred to as “Fukushima”.
Regarding claim 3, Yoneda, in view of Iwai, discloses a motor according to Claim 1, as stated above. Yoneda does not disclose that the second opening portion [10] is formed on the motor substrate [11].
Fukushima discloses a motor comprising a stator [11] mounted on a motor substrate [17] (fig. 2; ¶ 0023), a cover [30] having a first opening portion [33] (fig. 2; ¶ 0020, and a second opening portion [171], wherein the second opening portion [171] is formed on the motor substrate [17] (fig. 2, 6; ¶ 0069).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the second opening portion of Yoneda within the motor substrate as taught by Fukushima, in order to provide effective cooling of the electronic components mounted thereon (¶ 0093 of Fukushima).
Regarding claim 10, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 7, as stated above. Yoneda does not disclose that the second opening portion [10] is formed on the motor substrate [11].
Fukushima discloses a motor comprising a stator [11] mounted on a motor substrate [17] (fig. 2; ¶ 0023), a cover [30] having a first opening portion [33] (fig. 2; ¶ 0020, and a second opening portion [171], wherein the second opening portion [171] is formed on the motor substrate [17] (fig. 2, 6; ¶ 0069).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the second opening portion of Yoneda within the motor substrate as taught by Fukushima, in order to provide effective cooling of the electronic components mounted thereon (¶ 0093 of Fukushima).
Regarding claim 17, Yoneda, in view of Iwai, discloses a motor according to Claim 15, as stated above. Yoneda does not disclose that the second opening portion [10] is formed on the motor substrate [11].
Fukushima discloses a motor comprising a stator [11] mounted on a motor substrate [17] (fig. 2; ¶ 0023), a cover [30] having a first opening portion [33] (fig. 2; ¶ 0020, and a second opening portion [171], wherein the second opening portion [171] is formed on the motor substrate [17] (fig. 2, 6; ¶ 0069).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the second opening portion of Yoneda within the motor substrate as taught by Fukushima, in order to provide effective cooling of the electronic components mounted thereon (¶ 0093 of Fukushima).
Claim(s) 5, 12, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoneda and Iwai as applied to claims 1, 7, and 15, respectively, and further in view of Gödeke et al. (US 2011/0076167 A1), hereinafter referred to as “Godeke”.
Regarding claim 5, Yoneda, in view of Iwai, discloses a motor according to Claim 1, as stated above. Yoneda does not disclose that, as viewed in the axial direction, an area of the first opening portion [9] is 5% or more and 50% or less of an area of the rotor portion [2].
Godeke discloses a motor comprising a rotor portion [4c] and a cover member [11] having a first opening portion [4e] formed therein (fig. 11; ¶ 0005, 0079); wherein, as viewed in the axial direction, an area of the first opening portion [4e] is 5% or more and 50% or less of an area of the rotor portion [4c] (¶ 0005; a ratio, of the “area of the inlet opening” to the “area of the rotor magnet”, of “0.5” corresponds to the first opening portion area being 50% of the rotor portion area).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the first opening area of Yoneda having an area half that of the rotor portion as taught by Godeke, in order to provide the electric motor with an extremely simple construction, good sealing of the media being delivered thereto, as well as high performance and energy-efficiency (¶ 0002-0004 of Godeke).
Regarding claim 12, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 7, as stated above. Yoneda does not disclose that, as viewed in the axial direction, an area of the first opening portion [9] is 5% or more and 50% or less of an area of the rotor portion [2].
Godeke discloses a motor comprising a rotor portion [4c] and a cover member [11] having a first opening portion [4e] formed therein (fig. 11; ¶ 0005, 0079); wherein, as viewed in the axial direction, an area of the first opening portion [4e] is 5% or more and 50% or less of an area of the rotor portion [4c] (¶ 0005; a ratio, of the “area of the inlet opening” to the “area of the rotor magnet”, of “0.5” corresponds to the first opening portion area being 50% of the rotor portion area).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the first opening area of Yoneda having an area half that of the rotor portion as taught by Godeke, in order to provide the electric motor with an extremely simple construction, good sealing of the media being delivered thereto, as well as high performance and energy-efficiency (¶ 0002-0004 of Godeke).
Regarding claim 19, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 15, as stated above. Yoneda does not disclose that, as viewed in the axial direction, an area of the first opening portion [9] is 5% or more and 50% or less of an area of the rotor portion [2].
Godeke discloses a motor comprising a rotor portion [4c] and a cover member [11] having a first opening portion [4e] formed therein (fig. 11; ¶ 0005, 0079); wherein, as viewed in the axial direction, an area of the first opening portion [4e] is 5% or more and 50% or less of an area of the rotor portion [4c] (¶ 0005; a ratio, of the “area of the inlet opening” to the “area of the rotor magnet”, of “0.5” corresponds to the first opening portion area being 50% of the rotor portion area).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the first opening area of Yoneda having an area half that of the rotor portion as taught by Godeke, in order to provide the electric motor with an extremely simple construction, good sealing of the media being delivered thereto, as well as high performance and energy-efficiency (¶ 0002-0004 of Godeke).
Claim(s) 6, 13, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoneda and Iwai as applied to claims 1, 7, and 15, respectively, and further in view of Yan et al. (US 2022/0060087 A1), hereinafter referred to as “Yan”.
Regarding claim 6, Yoneda, in view of Iwai, discloses a motor according to Claim 1, as stated above.
Yoneda does not disclose that a helical rib toward the first opening portion [9] is provided in an inner surface of the first portion of the cover member [82].
Yan discloses a motor comprising a cover member [2-3] with a first opening portion [30] provided therein (fig. 1-2; ¶ 0140), wherein a helical rib [26] toward the first opening portion [30] is provided in an inner surface of the first portion of the cover member [2-3] (fig. 1-2; ¶ 0159-0160).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the cover member of Yoneda having a helical rib on its inner surface as taught by Yan, in order to guide airflow through the motor thereby reducing losses (¶ 0161 of Yan), i.e. improving efficiency.
Regarding claim 13, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 7, as stated above.
Yoneda does not disclose that a helical rib toward the first opening portion [9] is provided in an inner surface of the first portion of the cover member [82].
Yan discloses a motor comprising a cover member [2-3] with a first opening portion [30] provided therein (fig. 1-2; ¶ 0140), wherein a helical rib [26] toward the first opening portion [30] is provided in an inner surface of the first portion of the cover member [2-3] (fig. 1-2; ¶ 0159-0160).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the cover member of Yoneda having a helical rib on its inner surface as taught by Yan, in order to guide airflow through the motor thereby reducing losses (¶ 0161 of Yan), i.e. improving efficiency.
Regarding claim 20, Yoneda, in view of Iwai, discloses an image forming apparatus according to Claim 15, as stated above.
Yoneda does not disclose that a helical rib toward the first opening portion [9] is provided in an inner surface of the first portion of the cover member [82].
Yan discloses a motor comprising a cover member [2-3] with a first opening portion [30] provided therein (fig. 1-2; ¶ 0140), wherein a helical rib [26] toward the first opening portion [30] is provided in an inner surface of the first portion of the cover member [2-3] (fig. 1-2; ¶ 0159-0160).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the cover member of Yoneda having a helical rib on its inner surface as taught by Yan, in order to guide airflow through the motor thereby reducing losses (¶ 0161 of Yan), i.e. improving efficiency.
Citation of Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Prior art:
Hatakeyama et al. (US 2021/0091641 A1) discloses a motor comprising a cover member having helical ribs on its inner surface.
Hayamitsu (US 2019/0191948 A1) discloses a motor comprising helical ribs on its inner surface.
Kubota et al. (US 5,510,827) discloses an image forming apparatus for forming a toner image on a recording material comprising a motor provided with a cooling airflow.
Conclusion
Applicant's amendment necessitated any 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 extension fee 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 date of this final action.
This action is a final rejection and closes the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited to an appeal to the Patent Trial and Appeal Board, an amendment complying with the requirements set forth below, or a request for continued examination (RCE) to reopen prosecution where permitted.
General information on the Patent Trial and Appeal Board is available at: www.uspto.gov/patents/patent-trial-and-appeal-board/about-ptab/new-ptab. The information at this page includes guidance on time limited options that may assist the applicant contemplating appealing an examiner’s rejection. It also includes information on pro bono (free) legal services and advice available for those who are under-resourced and considering an appeal at: https://www.uspto.gov/patents/patent-trial-and-appeal-board/patent-trial-and-appeal-board-pro-bono-program-independent. The page is best reviewed promptly after applicant has received a final rejection or the claims have been twice rejected because some of the noted assistance must be requested within one month from the date of the latest rejection. See MPEP § 1204 for more information on filing a notice of appeal.
If applicant should desire to appeal any rejection made by the examiner, a Notice of Appeal must be filed within the period for reply. The Notice of Appeal must be accompanied by the fee required by 37 CFR 41.20(b)(1). The current fee amount is available at: www.uspto.gov/Fees.
If applicant should desire to file an after-final amendment, entry of the proposed amendment cannot be made as a matter of right unless it merely cancels claims or complies with a formal requirement made in a previous Office action. Amendments touching the merits of the application which otherwise might not be proper may be admitted upon a showing of good and sufficient reasons why they are necessary and why they were not presented earlier.
A reply under 37 CFR 1.113 to a final rejection must include cancellation of or appeal from the rejection of, each rejected claim. The filing of an amendment after final rejection, whether or not it is entered, does not stop the running of the statutory period for reply to the final rejection unless the examiner holds all of the claims to be in condition for allowance.
If applicant should desire to continue prosecution in a utility or plant application filed on or after May 29, 2000 and have the finality of this Office action withdrawn, an RCE under 37 CFR 1.114 may be filed within the period for reply. See MPEP § 706.07(h) for more information on the requirements for filing an RCE.
The application will become abandoned unless a Notice of Appeal, an after final replay that places the application in condition for allowance, or an RCE has been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Andrews whose telephone number is (571)270-7554. The examiner can normally be reached on Monday-Thursday, 8:30am-3:00pm.
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/Michael Andrews/
Primary Examiner, Art Unit 2834
Prosecution Insights