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 .
Claim Status
In Non-Final Office Actions, mailed 07/14/2025, Claims 2, 7-9, 11-12 and 14-16 is/were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species. Currently, within Claim Set, submitted 09/26/2025, Claim 2 is listed with Claim Status: (Original). Claim 2 is direct to Element 192 (second insertion portion). Element 192 is disclosed in Figure 11 (Species 5) and is not within elected Species 8 (See CTRS mailed 05/02/2025). Thus, Claim 2 was already withdrawn in the Non-Final and will not be examined herein within the Final. Additionally, within Claim Set, filed 09/26/2025, Claims 7-12 have no status modifiers. Based on the format, the Examiner is assuming that the Applicant has cancelled Claims 7-12, specifically resulting in the cancellation of Claim 10 which was examined in the prior Office Action. Under examination are Claims 1, 5-6, 13 & 18-22.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 1, 5-6, 13 & 18-22 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1 & 19-22
For the purpose of the discussion the Examiner will list out what elements are being interpreted to what claim limitation based on Pages 72-73 of the Specification:
attachment fixture is the invention as a whole including the belt
physical information acquisition device is Element 2
emission and entrance surface is Element 22
first attachment fixture is Element 18
second attachment fixture is Element 19
mounting portion is Element P comprising Elements 182 & B3
attachment portion is Element 181 or 12A?
attached portion is Element 23
insertion port is Element B4
insertion member is Element B1
locking body is Element B5
detachable portion is Element B2
Claim 1 is indefinite for the language “capable of attaching to a belt a physical information acquisition device”. The claim limitation is confusing as to if the attachment fixture is capable of attaching to a belt and a physical acquisition device or if the attachment fixture includes the physical acquisition device.
Claim 1 has been amended to: “capable of attaching to a belt”. Claim 1 is indefinite because “attachment fixture” is claimed with limitations directed to the belt (See line 13 stating “end portion of the belt”). The amendment is confusing because it is unclear whether the Applicant is claiming the belt or not. The Examiner is interpreting the belt as being claimed within the claim interpretation. Additionally claim limitation, “an attached portion to which the first attachment fixture member can be attached”, would have to mean the belt. A similar analysis is applied to the physical information acquisition device.
With respect to the belt and the physical information acquisition device, the Applicant on the record needs to clarify when the belt and physical information acquisition device in being claimed as part of the invention with respect to the independent claims. This would make the claim interpretation easier as currently the Examiner is left guessing and affects the claim interpretation and application of art. For example in Claim 1, the Applicant amended the claim to have claim limitations directed to the physical information acquisition device within the body of the claim. The preamble states that the attachment fixture is “capable of attaching” and it is assumed to include the physical information acquisition device. The further limitation within the body lead to the confusion as to if the device is part of the claim or not.
Claim 1 recites, “attachment portion”. It is not understood what exactly encompasses the attachment portion. The claimed “attachment portion” is confusing. There is no Element 12A within Figure 16(a) and 16(b) (although it exists in other non-elected Figures). Element 181 is a belt looped through Element 23 and best fits the interpretation of “attachment portion”. However, the claim limitation of “to which the physical information acquisition device can be attached” is confusing as the attachment portion is for attaching Element 21 (acquisition device body) to Element 18 (first attachment fixture). Further clarification is needed. For the purpose of examination, the Examiner is interpreting attachment portion to be Element 181. A similar analysis can be applied to Claims 19, 20 & 22.
Claim 1 recites, “mounting portion to be mounted to a waist part of the user”. The limitation implies a mounting portion that is used to mount (as in hook on to a already worn belt) on to a waist part of the user. The Examiner is interpreting the mounting portion to be Elements 182 and B3 as disclosed by Figure 16 with P
182
B
3
. The Examiner is confused as how Element 182 and B3 are used to mount. It makes more sense that Element P is mounted to Element 21, the acquisition device body. The reason for the confusion is that the Applicant has other non-elected embodiments that are mounting to a belt and care must be taken not to bring in other embodiments into the elected claims.
Regarding Claim 13
Claim 13 recites, “the first attachment fixture body” and “the second attachment fixture body”. The claim terminology appears to be a typo as the “attachment fixture body” was removed from Parent Claim 1. The Examiner is assuming that the “the first attachment fixture body” and “the second attachment fixture body” are first attachment fixture member and second attachment fixture member.
Regarding 1-2 & 19-22
The Claims recites, “insertion portion” and “insertion member”. The claim term “insertion member” is not described within the Specification or the Drawings as originally filed. It appears that the insertion portion and insertion member are the same claimed element. For the purposes of examination, the Examiner is interpreting the cited elements to be referring to the same claimed element of an insertion portion (Element B1).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5-6, 13 & 18-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schechtman (U.S. Patent 4,473,949 A) and further in view of Abou Ismail et al. (U.S. Patent Application 2019/0142313 A1).
Claim 1: Schechtman teaches –
An attachment fixture [numerical display belt means] (Figure 1, Element 11) capable of attaching to a belt [elongated belt] (Figure 1, Element 13) a physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) that measures physical information of a user [novelty-type belt means having a buckle that displays the size of the person's body] (Col. 1, Line 24-25), the attachment fixture comprising:
a first attachment fixture member [second end] (Figure 1, Element 17) and a second attachment fixture member [first end] (Figure 1, Element 15) [midportion] (Figure 1 & 2, Element 19),
wherein the first attachment fixture member [buckle means 21 may be attached to the second end 17 of the belt 13] (Col. 1, Line 59-60) and the second attachment fixture member [the first end 15 thereof inserted into and through the passageway means 41] (Col. 3, Line 7-8) each includes a mounting portion to be mounted to a waist part of the user [an elongated belt 13 for being secured about a body such as a person's waist] (Col. 1, Line 47-48), and
Examiner’s Note: The rejection relies on two mounting portions, which are on either side of Element 21 as shown in Figure 2. Additionally see 35 USC § 112 rejections above.
an attachment portion [buckle means] (Figure 1 & 2, Element 21) to which the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) can be attached [sensor means preferably includes a roller member 33 mounted on the buckle means 21] (Col. 2, Line 9-10),
Examiner’s Note: The attachment portion of the prior art is manufactured to attach or mount the physical information acquisition device.
the physical information acquisition device comprises
an attached portion [bar] (Figure 1 & 2, Element 27) to which the first attachment fixture member can be attached [buckle means 21 may be attached to the second end 17 of the belt 13] (Col. 1, Line 59-60), and
an insertion port [passageway means] (Figure 1 & 2, Element 41) to which the second attachment fixture member can be inserted [the first end 15 thereof inserted into and through the passageway means 41] (Col. 3, Line 7-8), and
wherein the second attachment fixture member [first end] (Figure 1, Element 15) [midportion] (Figure 1 & 2, Element 19) comprises an insertion member [first end] (Figure 1, Element 15) at one end portion of the belt (as shown in Figure 1),
configured to be insertable into the insertion port [the first end 15 thereof inserted into and through the passageway means 41] (Col. 3, Line 7-8),
the insertion port [passageway means] (Figure 1 & 2, Element 41) is provided with a locking body [securement means] (Figure 1, Element 23) that can engage the second attachment fixture member [buckle means 21 includes securement means 23 for securing the midportion 19 of the belt 13 relative to the second end 17 thereof about the body] (Col. 1, Line 56-59), and
the insertion member [first end] (Figure 1, Element 15) is provided with a detachable portion [apertures] (Figure 2, Element 29) that is detachable with respect to the locking body [plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 66-67).
Schechtman fails to teach a measurement wave including a millimeter wave or a microwave. However, Abou Ismail teaches –
by emitting a measurement wave including a millimeter wave or a microwave [microwaves are produced by an electrical circuit of the oscillator assembly] (Para 0060) from an emission and entrance surface [plastic covers] (Figure 11B, Element 1111) toward the user [patient] (Para 0059-0061) in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the physical information acquisition device measuring waist circumference of Schechtman to replace with the microwave glucose monitoring of Abou Ismail in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006).
Claim 5/1: Schechtman teaches wherein the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) has a plurality of planes [buckle means] (Figure 1 & 2, Element 21; since the physical acquisition device is mounted to the Element 21 and Planes 1-5 are labeled in attached Exhibit 1) including the emission and entrance surface (Plane 5 as labeled in attached Exhibit 1), and the insertion port opens [passageway means] (Figure 1 & 2, Element 41) in one plane (Plane 2 as labeled in attached Exhibit 1) adjacent to the emission and
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[AltContent: textbox (Exhibit 1 - Annotated Figures 1 & 2 of Schechtman)]entrance surface (Plane 5 as labeled in attached Exhibit 1).
Examiner’s Note: The insertion port opens to Plane 2 where the belt is inserted through Plane 2 in order to be inserted into Element 41. Additional note; not all planes are labeled in attached Exhibit 1.
Claim 6/5/1: Schechtman teaches wherein the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) has a plurality of attached portions [buckle means] (Figure 1 & 2, Element 21) [bar] (Figure 1 & 2, Element 27). Schechtman fails to teach that the attached portions are provided to face each other on two surfaces that are both different from the emission and entrance surface. However, Abou Ismail teaches the attached portions (Figure 11B, Element 1106) are provided to face each other on two surfaces (show in Figure 11B as being on opposite sides of Element 1109) that are both different from the emission and entrance surface [resonator unit strap] (Figure 11B, Element 1109)
Examiner’s Note: Figure 11D shows all the disclosed elements connected together.
Claim 13/1: Schechtman wherein the first attachment fixture body [second end] (Figure 1, Element 17) and the second attachment fixture body [first end] (Figure 1, Element 15) are separated at opposite ends of the physical information acquisition device (Element 41 is on one end of Element 21 and Element 27 is on the opposite end).
Examiner’s Note: See the pending 35 USC § 112 rejection above for the Claim Interpretation.
Claim 18/1: Schechtman teaches –
A waist belt [belt] (Figure 1, Element 13) comprising the attachment fixture according to claim 1 (See Rejection of Claim 1 and 35 USC § 112(b) rejection).
Claim 19: Schechtman teaches –
A method for attaching a physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) that measures physical information of a user [novelty-type belt means having a buckle that displays the size of the person's body] (Col. 1, Line 24-25), the method comprising:
attaching a first attachment fixture [second end] (Figure 1, Element 17) and a second attachment fixture [first end] (Figure 1, Element 15) [midportion] (Figure 1 & 2, Element 19),
each including a mounting portion that is mountable to a waist part of the user [an elongated belt 13 for being secured about a body such as a person's waist] (Col. 1, Line 47-48), and
Examiner’s Note: The rejection relies on two mounting portions, which are on either side of Element 21 as shown in Figure 2. Additionally see 35 USC § 112 rejections above.
an attachment portion [buckle means] (Figure 1 & 2, Element 21) to which the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) can be attached [sensor means preferably includes a roller member 33 mounted on the buckle means 21] (Col. 2, Line 9-10),
Examiner’s Note: The attachment portion of the prior art is manufactured to attach or mount the physical information acquisition device.
respectively to an attached portion [bar] (Figure 1 & 2, Element 27) and an insertion port [passageway means] (Figure 1 & 2, Element 41) provided in the physical information acquisition device (as shown in Figure 1); and
engaging a locking body [securement means] (Figure 1, Element 23), which is provided in the insertion port [passageway means] (Figure 1 & 2, Element 41) and is configured to lock (as shown in Figure 2) the second attachment fixture [buckle means 21 includes securement means 23 for securing the midportion 19 of the belt 13 relative to the second end 17 thereof about the body] (Col. 1, Line 56-59), to a detachable portion [apertures] (Figure 2, Element 29) included in an insertion member of the second attachment fixture [plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 66-67).
Schechtman fails to teach a measurement wave including a millimeter wave or a microwave. However, Abou Ismail teaches –
by emitting a measurement wave including a millimeter wave or a microwave [microwaves are produced by an electrical circuit of the oscillator assembly] (Para 0060) from an emission and entrance surface [plastic covers] (Figure 11B, Element 1111) toward the user [patient] (Para 0059-0061) in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the physical information acquisition device measuring waist circumference of Schechtman to replace with the microwave glucose monitoring of Abou Ismail in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006).
Claim 20: Schechtman teaches –
A physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) that measures physical information of a user [novelty-type belt means having a buckle that displays the size of the person's body] (Col. 1, Line 24-25),
the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) [buckle means] (Figure 1 & 2, Element 21) being attachable to a belt [belt] (Figure 1, Element 13) via a first attachment fixture [second end] (Figure 1, Element 17) and a second attachment fixture [first end] (Figure 1, Element 15) [midportion] (Figure 1 & 2, Element 19),
each including a mounting portion that is mountable to a waist part of the user [an elongated belt 13 for being secured about a body such as a person's waist] (Col. 1, Line 47-48) and
Examiner’s Note: The rejection relies on two mounting portions, which are on either side of Element 21 as shown in Figure 2. Additionally see 35 USC § 112 rejections above.
an attachment portion [buckle means] (Figure 1 & 2, Element 21) to which the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) can be attached [sensor means preferably includes a roller member 33 mounted on the buckle means 21] (Col. 2, Line 9-10),
Examiner’s Note: The attachment portion of the prior art is manufactured to attach or mount the physical information acquisition device.
the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) comprising:
an attached portion [bar] (Figure 1 & 2, Element 27) to which the first attachment fixture [second end] (Figure 1, Element 17) can be attached (as shown in Figure 1 & 2); and
an insertion port [passageway means] (Figure 1 & 2, Element 41) to which the second attachment fixture [first end] (Figure 1, Element 15) [midportion] (Figure 1 & 2, Element 19) can be attached (as shown in Figure 1 & 2),
wherein the attached portion [bar] (Figure 1 & 2, Element 27) and the insertion port [passageway means] (Figure 1 & 2, Element 41) are provided at opposite sides (Element 41 is on one end of Element 21 and Element 27 is on the opposite end) of the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8),
the insertion port [passageway means] (Figure 1 & 2, Element 41) is provided with a locking body [securement means] (Figure 1, Element 23) that can lock [buckle means 21 includes securement means 23 for securing the midportion 19 of the belt 13 relative to the second end 17 thereof about the body] (Col. 1, Line 56-59) the second attachment fixture [first end] (Figure 1, Element 15),
the locking body [securement means] (Figure 1, Element 23) being engageable with an insertion portion that the second attachment fixture has at an end of the belt [buckle means 21 includes securement means 23 for securing the midportion 19 of the belt 13 relative to the second end 17 thereof about the body] (Col. 1, Line 56-59), and
the locking body [securement means] (Figure 1, Element 23) is detachable with respect to a detachable portion [apertures] (Figure 2, Element 29) provided in the insertion portion [plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 66-67).
Schechtman fails to teach a measurement wave including a millimeter wave or a microwave. However, Abou Ismail teaches –
by emitting a measurement wave including a millimeter wave or a microwave [microwaves are produced by an electrical circuit of the oscillator assembly] (Para 0060) from an emission and entrance surface [plastic covers] (Figure 11B, Element 1111) toward the user [patient] (Para 0059-0061) in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the physical information acquisition device measuring waist circumference of Schechtman to replace with the microwave glucose monitoring of Abou Ismail in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006).
Claim 21/19: Schechtman teaches –
wherein the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) includes an opening [passageway means] (Figure 1 & 2, Element 41) in the thickness direction at one side of physical acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) [buckle means] (Figure 1 & 2, Element 21) as the attached portion [bar] (Figure 1, Element 27),
a first end [second end] (Figure 1 & 2, Element 17) of the belt [belt] (Figure 1 & 2, Element 13) is passed through the opening and doubled back on itself to form the first attachment fixture (as shown in Figure 1 & 2) to which the attached portion [bar] (Figure 1, Element 27) is attached [typical stitch 25 and bar 27 combination] (Col. 1, Line 61-62 and Figure 1 & 2, Element 25), and
the insertion member is present at a second end [first end] (Figure 1, Element 15) of the belt [belt] (Figure 1 & 2, Element 13) and
the insertion portion [passageway means] (Figure 1 & 2, Element 41) is inserted into the insertion port before the locking body [securement means] (Figure 1, Element 23) is engaged with the detachable portion [plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 66-67).
Claim 22: Schechtman teaches –
A physical information acquisition system (Figure 1 & 2), comprising:
a physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) [buckle means] (Figure 1 & 2, Element 21) that measures physical information of a user [novelty-type belt means having a buckle that displays the size of the person's body] (Col. 1, Line 24-25); and
a belt [belt] (Figure 1, Element 13) having first [first end] (Figure 1, Element 15) [midportion] (Figure 1 & 2, Element 19) and second ends [first end] (Figure 1, Element 15),
wherein the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) [buckle means] (Figure 1 & 2, Element 21) includes an opening [passageway means] (Figure 1 & 2, Element 41; includes an opening) in the thickness direction at one side [first end] (Figure 1, Element 15) [midportion] (Figure 1 & 2, Element 19) of physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) [buckle means] (Figure 1 & 2, Element 21) and
an insertion port [passageway means] (Figure 1 & 2, Element 41) at a second side [first end] (Figure 1, Element 15) of the physical information acquisition device [transducer means] (Figure 3, Element 31) [sensor means] (Col. 2, Line 7-8) [buckle means] (Figure 1 & 2, Element 21),
the first end [second end] (Figure 1, Element 17) of the belt [belt] (Figure 1, Element 13) passes through the opening (as shown in Figure 2, Element 27 is looped through an opening by Element 17) and is double back on the belt to form a loop (as shown in Figure 1 & 2) to which the physical information acquisition device is attached (as shown in Figure 1 & 2), and
a second end of the belt [belt] (Figure 1, Element 13) includes an insertion member [first end] (Figure 1, Element 15) configured to be inserted into and detachably engaged [plurality of spaced apart apertures 29 in the first end 15 of the belt 13] (Col. 1, Line 66-67) by the insertion port [passageway means] (Figure 1 & 2, Element 41).
Schechtman fails to teach a measurement wave including a millimeter wave or a microwave. However, Abou Ismail teaches –
by emitting a measurement wave including a millimeter wave or a microwave [microwaves are produced by an electrical circuit of the oscillator assembly] (Para 0060) from an emission and entrance surface [plastic covers] (Figure 11B, Element 1111) toward the user [patient] (Para 0059-0061) in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the physical information acquisition device measuring waist circumference of Schechtman to replace with the microwave glucose monitoring of Abou Ismail in order to provide a wearable glucose monitor that a diabetic can wear to automatically measure their blood glucose levels on a regular basis (Abstract and Para 0005-0006).
Response to Arguments
Applicant’s arguments, see Page 9, filed 09/26/2025, with respect to the Drawing Objections have been fully considered and are persuasive. The Objections of the Drawings has been withdrawn.
Applicant’s arguments, see Page 9, filed 09/26/2025, with respect to the Rejections under 35 USC § 112(b) from Non-Final Action (mailed 07/14/2025) have been fully considered and are persuasive. The Rejections under 35 USC § 112(b) of the Claims have been withdrawn. However as a result of the extensive amendment, new Rejections under 35 USC § 112(b) are pending above.
Applicant’s arguments with respect to claim(s) 1, 5-6, 13 & 18-22 have been considered but are moot because the new ground of rejection does not rely on the manner in which the reference(s) was/were applied in the prior rejection of record. The Applicant submitted significant amendments to the Claims and added new claims. As a result the base reference used within the rejection above was changed from Kim (KR 101795215 B1) to Schechtman (U.S. Patent 4,473,949 A). Additionally the amendments overcame the 35 USC § 102 rejections in the previous Office Action. The pending rejections herein are under 35 USC § 103. There are no pertinent arguments remaining. The rejection is deemed proper and is hereby maintained.
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 HELENE C BOR whose telephone number is (571)272-2947. The examiner can normally be reached Mon - Fri 10:30 - 6:30.
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/Helene Bor/Examiner, Art Unit 3797
/CHRISTOPHER KOHARSKI/Supervisory Patent Examiner, Art Unit 3797