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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “alignment members” in claim 17. “members” is a generic placeholder that is coupled with functions “alignment” and “configured to align the tracer panel with an upstream or downstream tracer panel”. Further, the generic placeholder is not preceded by a structural modifier.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Paragraph 0159 in specification discloses “Alternatively, or additionally, the alignment members 170 may be alignment projections 172 (e.g., tubes, bars, other projections, or the like) that extend from a portion of the tracer panel 100, that may butt up to portions of the structure 50 and/or adjacent alignment projections 172”. Therefore, the alignment members may have a structure having projections, tubes, bars, other projections.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 10 and 16 are objected to because of the following informalities:
“the an inlet connector” in line 4 of claim 10 should read -- the inlet connector--.
“HCT mastic” in claim 16 should read –HTM mastic--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites “the outlet connection”. There is insufficient antecedent basis for this limitation in the claim.
For examination purposes, “the outlet connection” in claim 10 is construed as – the outlet connector--.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-9, 11, 14 and 17 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Mackenzie (US Patent No. 9,010,407).
Regarding claim 1, Mackenzie discloses a tracer panel (one or two heat exchanger modules 46, Fig. 6) of a plurality of tracer panels (of three heat exchanger modules 46, Fig. 6 and can include any number of heat exchanger modules 46, col. 5, lines 48-53) in a tracer system (in a pipe system 16) for heating or cooling process fluid within a structure (to provide heat recovery from waste water in a waste water pipe 40) using tracer fluid within the tracer panel (using cold water circulating in the heat exchanger module 46), the tracer panel comprising:
two or more tracers spaced apart from each other (five individual straight pipe segments 73 in the one heat exchanger module 46, or two serpentine pipes 72 in the two modules 46);
an inlet header tracer (fitting 58 or an inlet manifold 42) operatively coupled to at least one of the two or more tracers (coupled to at least one of the straight pipe segments 73 or serpentine pipes 72) and having an inlet connector (connection between the fitting 58 and the pipe 73) configured to be operatively coupled to one or more adjacent tracer panels (to fluidly connect another adjacent heat exchanger module 46); and
an outlet header tracer (fitting 66 or an outlet manifold 44) operatively coupled to at least one of the two or more tracers (coupled to at least one of the straight pipe segments 73 or serpentine pipes 72) and having an outlet connector (connection between the fitting 66 and the pipe 73) configured to be operatively coupled to the one or more adjacent tracer panels (to fluidly connect another adjacent heat exchanger module 46);
wherein the tracer panel is at last partially curved to form a curved tracer panel (the one heat exchanger modules 46, Fig. 6 is curved) configured to be installed at least partially around a non-linear surface of the structure (to be installed partially around the waste water pipe 40).
Regarding claim 2, Mackenzie in claim 1 further discloses wherein the two or more tracers comprise two or more longitudinal tracers (the individual straight pipe segments 73 are longitudinal pipes parallel to an axis of the pipe 40), and wherein the tracer panel further comprises:
one or more intermediate serpentine header tracers (U joints 75);
wherein an intermediate serpentine header tracer of the one or more intermediate serpentine header tracers operatively couples ends of two longitudinal tracers of the two or more longitudinal tracers (a U joint 75 couples two ends of two adjacent straight pipe segments 73); and
wherein the one or more intermediate serpentine header tracers have one or more bends to form the curved tracer panel (the U joints 75 have U bend to form the heat exchanger modules 46 with the pipes 73).
Regarding claim 3, Mackenzie in claim 2 further discloses wherein the two or more longitudinal tracers have one or more bends (the tube wall of the straight pipe segments 73 is circular shown in Fig. 6 having one or more bends), and wherein the curved tracer panel is a longitudinal serpentine elbow panel (the heat exchanger module 46 is an elbow and curved shaped panel with longitudinal extending and straight pipe segments 73).
Regarding claim 4, Mackenzie in claim 1 further discloses wherein the two or more tracers comprise two or more longitudinal tracers (the two serpentine pipes 72 having straight pipes 73 are longitudinal pipes extending parallel to an axis of the pipe 40); wherein the inlet header tracer is an inlet header manifold (the inlet manifold 42) operatively coupled to first ends of the two or more longitudinal tracers (coupled to ends of two serpentine pipes 72 in the two heat exchanger modules 46); and wherein the outlet header tracer is an outlet header manifold (the outlet manifold 44) operatively coupled to second ends of the two or more longitudinal tracers (coupled to second ends of the two serpentine pipes 72 in the two heat exchanger modules 46).
Regarding claim 5, Mackenzie in claim 4 further discloses wherein the two or more longitudinal tracers have one or more bends (the serpentine pipes 72 have bends at the U joints 75), and wherein the curved tracer panel is a longitudinal parallel elbow tracer panel (the heat exchanger module 46 is an elbow and curved shaped panel with longitudinal extending and parallel straight pipe segments 73).
Regarding claim 6, Mackenzie in claim 1 further discloses wherein the two or more tracers comprise two or more transverse tracers (the two serpentine pipes 72 having U joints 75 are transverse pipes extending perpendicular to an axis of the pipe 40), wherein the two or more transverse tracers each have one or more bends that form the curved tracer panel (the U joints 75 have U bend to form the heat exchanger modules 46 with the pipes 73).
Regarding claim 7, Mackenzie in claim 6 further discloses wherein the inlet header tracer is an inlet header manifold (the inlet manifold 42) operatively coupled to first ends of the two or more transverse tracers (coupled to inlet ends of the two serpentine pipes 72), and wherein the outlet header tracer is an outlet header manifold (the outlet manifold 44) operatively coupled to second ends of the two or more transverse tracers (coupled to outlet ends of the two serpentine pipes 72).
Regarding claim 8, Mackenzie in claim 7 further discloses wherein the inlet header manifold or the outlet header manifold have one or more bends (the manifolds 42 and 44 are curved, see Fig. 5), and wherein the curved tracer panel is a transverse parallel elbow panel (the two heat exchanger modules 46 are an elbow and curved shaped panel with transverse extending U joints 75 and parallel straight pipe segments 73).
Regarding claim 9, Mackenzie in claim 6 further discloses wherein the two or more transverse tracers comprise three or more transverse tracers (a total of four U joints 75 in each of the two serpentine pipes 72), wherein the tracer panel further comprising:
one or more converging serpentine header tracers (an outlet manifold 44) operatively coupling converging ends of two transverse tracers (receiving and converging a heat exchanging fluid from outlet ends at fittings 66 of the two serpentine pipes 72); and
one or more diverging serpentine header tracers (an inlet manifold 42) operatively coupling diverging ends of two transverse tracers (receiving and diverging a heat exchanging fluid to inlet ends at fittings 58 of the two serpentine pipes 72);
wherein the one or more converging serpentine header tracers and the one or more diverging serpentine header tracers form a transverse serpentine elbow panel (the manifolds 42 and 44 form the two heat exchanger modules 46 having an elbow and curved shaped with the two serpentine pipes 72).
Regarding claim 11, Mackenzie in claim 1 further discloses wherein the two or more tracers (the individual pipes 73 or the two serpentine pipes 72) are operatively coupled to each other (the individual pipes 73 are coupled to each other by U bends 75; or the two serpentine pipes 72 are coupled to each other by an inlet manifold 42 and outlet manifold 44) or the inlet header tracer and the outlet header tracer (the two serpentine pipes 72 are also coupled to the inlet manifold 42 and outlet manifold 44) through tracer connectors (the U bends 75 to connect the individual pipes 73; or the fittings 58, 66 to connect the two serpentine pipes 72 to each other or to the inlet manifold 42 and outlet manifold 44).
Regarding claim 14, Mackenzie in claim 1 further discloses
two or more heat transfer elements (inner conductive member 78 and outer conductive member 80, Figs. 7 and 8) operatively coupled over the two or more tracers (over the individual pipes 73), wherein the two or more heat transfer elements are separate heat transfer elements (the members 78 and 80 are separate pieces, Fig. 8) each configured to be coupled over separate tracers of the two or more tracers (the members couple two separate pipes 73), and wherein the two or more heat transfer elements are configured to enhance heater transfer between the tracer fluid within tracer panel and the process fluid within the structure (the members 78 and 80 maximize contact area with the waste pipe 40 to increase conductive heat transfer, col. 6, lines 16-21).
Regarding claim 17, Mackenzie in claim 1 further discloses:
one or more stiffeners operatively coupling the two or more tracers (outer conductive member 80, Fig. 7), wherein the one or more stiffeners aid in resisting deformation of the tracer panel (outer conductive member 80 protects the pipes 73 from surroundings, which aid in resisting deformation of the pipes 73 in the tracer panel from external forces);
one or more flexible members operatively coupling the two or more tracers (inner conductive member 78, Fig. 7, in a strip or band structure), wherein the one or more flexible members are configured to allow installation of the tracer panel on structures having different curved surfaces (the inner conductive member 78 has inner surface 82, see Fig. 7, which allows installation of the heat exchanger module 46 onto different parts of the waste pipe 40. Noted that “different curved surfaces” does not require that the curved surfaces having different sizes);
one or more alignment members (rubber extrusions 108 having a bar shaped structure as interpreted) on the tracer panel (on the heat exchanger module 46) configured to align the tracer panel with an upstream or downstream tracer panel (“The rubber extrusions 108 … prevent the clamp 76 from slipping and to dampen vibration between the band clamps 106 and the thermally conductive shields 74”, col. 6, lines 61-65, which prevents slipping of the clamp 74 to keep alignment between heat exchanger modules 46);
one or more tracer bracing (clamps 106) operatively coupling the tracer panel (46) to the structure (40), wherein the one or more tracer bracing provides additional support between the tracer panel and the structure (the clamps 106 hold and support the heat exchanger module 46 onto the waste pipe 40).
Claim(s) 1, 10, 13 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kido (WO 2019/208124 A1).
Regarding claim 1, Kido (Figs. 13-16) discloses a tracer panel (a semi-circular panel, see C shaped circled portion in annotated figure below) of a plurality of tracer panels (of three fluid tube groups 605a-605c) in a tracer system (Fig. 13) for heating or cooling process fluid within a structure (heat medium within pipe 601) using tracer fluid within the tracer panel (working fluid in pipes 602), the tracer panel comprising:
two or more tracers spaced apart from each other (fluid pipes 602 spaced apart from each other);
an inlet header tracer (see annotated figure below) operatively coupled to at least one of the two or more tracers (coupled to one of the fluid pipes 602, see Fig. 13) and having an inlet connector (see annotated figure below) configured to be operatively coupled to one or more adjacent tracer panels (the inlet connector fluidly connects an adjacent semi-circular panel); and
an outlet header tracer (see annotated figure below) operatively coupled to at least one of the two or more tracers (coupled to one of the fluid pipes 602, see Fig. 13) and having an outlet connector configured to be operatively coupled to the one or more adjacent tracer panels (the outlet connector fluidly connects an adjacent semi-circular panel);
wherein the tracer panel is at last partially curved to form a curved tracer panel (the tracer panel is semi-circular panel) configured to be installed at least partially around a non-linear surface of the structure (to be installed partially around a cylindrical surface of the pipe 601).
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Regarding claim 10, Kido in claim 1 further discloses wherein the tracer panel is configured to be coupled with an upstream tracer panel and a downstream tracer panel to form the plurality of tracer panels (the semi-circular panel may be a part of pipe group 605b and connects an upstream fluid group 605a and a downstream fluid group 605b, Fig. 13), wherein the tracer panel is coupled to the upstream tracer panel through the an inlet connector (the semi-circular panel in the pipe group 605b connects the upstream fluid group 605a through the inlet connector in see annotated figure above) or the downstream tracer panel through the outlet connector using a jumper tube.
Regarding claim 13, Kido in claim 1 further discloses wherein the tracer fluid is steam (The heated working fluid in working fluid pipes 602 is heated and transforms to superheated steam, paragraph 0122 of the translation).
Regarding claim 18, Kido (Figs. 13-16) discloses a panel tracer system (Fig. 13) for heating or cooling process fluid within a structure (heat medium within pipe 601) using tracer fluid (working fluid in pipes 602), the panel tracer system comprising:
two or more tracer panels (fluid tube groups 605a-605c) operatively coupled in series (see Fig. 13), wherein the two or more tracer panels comprise:
two or more tracers spaced apart from each other (fluid pipes 602 spaced apart from each other);
an inlet header tracer (see annotated figure above) operatively coupled to at least one of the two or more tracers (coupled to one of the fluid pipes 602, see Fig. 13) and having an inlet connector (see annotated figure below) configured to be operatively coupled to one or more adjacent tracer panels (the inlet connector fluidly connects an adjacent semi-circular panel in another fluid tube group); and
an outlet header tracer (see annotated figure below) operatively coupled to at least one of the two or more tracers (coupled to one of the fluid pipes 602, see Fig. 13) and having an outlet connector configured to be operatively coupled to the one or more adjacent tracer panels (the outlet connector fluidly connects an adjacent semi-circular panel in another fluid tube group);
wherein the tracer panel is at last partially curved to form a curved tracer panel (the tracer panel is semi-circular panel) configured to be installed at least partially around a non-linear surface of the structure (to be installed partially around a cylindrical surface of the pipe 601).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mackenzie (US Patent No. 9,010,407) alone.
Regarding claim 12, Mackenzie in claim 11 fails to explicitly disclose wherein the tracer connectors comprise compression fittings, flared JIC fittings, butt welding, or socket welding.
Mackenzie further discloses “The inlet 52 may be fluidly coupled with the first preheat conduit 24 of the water supply system 12 via an adaptor, compression fitting, slip nut, welding, soldering, brazing, for example, and/or other suitable means” col. 5, lines 26-35. The compression fitting is provided to connect first preheat conduit 24 and the inlet 52.
Since the U bends 75 to connect the individual pipes 73; or the fittings 58, 66 (as the “the tracer connectors” claimed) in Mackenzie are also connectors of the individual pipes 73 or the serpentine pipes 72, the U bends 75 and the fittings 58, 66 may be modified to comprise compression fitting so that the individual pipes 73 or the serpentine pipes 72 may be coupled together.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided wherein the tracer connectors comprise compression fittings, flared JIC fittings, butt welding, or socket welding in Mackenzie in order to couple the fittings 58, 66, individual pipes 73, the serpentine pipes 72 and manifolds 42 and 44 together.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mackenzie (US Patent No. 9,010,407) in view of Kido (WO 2019/208124 A1).
Regarding claim 15, Mackenzie in claim 14 fails to disclose heat transfer material configured to be coupled between the two or more heat transfer elements and the two or more tracers and the structure, and wherein heat transfer material is configured to enhance heater transfer between the tracer fluid within tracer panel and the process fluid within the structure.
Kido discloses “the partial pipes 107a and 107b may be fixed to the heat transfer medium conduit 200 by using a highly thermally conductive adhesive at the contact point between the outer surface of the heat transfer medium conduit 200 and the surfaces of the partial pipes 107a and 107b that face the heat transfer medium conduit 200” (paragraph 0107 of the translation and Fig. 9).
Therefore, the thermally conductive adhesive may be provided at interfaces between grooves 90 and 94 of members 78, 80 and the pipes 73, and interfaces between the inner member 78 and the waste pipe 40.
As a result, the heat transfer material (thermally conductive adhesive) configured to be coupled between the two or more heat transfer elements (members 78, 80) and the two or more tracers (pipes 73) and the structure (waste pipe 40), and wherein heat transfer material is configured to enhance heater transfer between the tracer fluid within tracer panel and the process fluid within the structure (it is known in the art that the thermally conductive adhesive fills microscopic roughness and irregularities at the interfaces to increase conductive heater transfer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided heat transfer material configured to be coupled between the two or more heat transfer elements and the two or more tracers and the structure, and wherein heat transfer material is configured to enhance heater transfer between the tracer fluid within tracer panel and the process fluid within the structure in Mackenzie as taught by Kido in order to increase conduction heat transfer.
Regarding claim 16, Mackenzie as modified in claim 15 further discloses wherein the heat transfer material comprises HTC cement or HTM mastic (HTM mastic is understood as a thermally conductive filler between heat exchanging surfaces. The thermally conductive adhesive as taught by Kido meets the limitation).
Response to Arguments
Applicant’s arguments, see remarks, filed 7/6/2026, with respect to 112(b) rejection to claims 15 (now incorporated in claim 17) have been fully considered and are persuasive.
Applicant's arguments filed 7/6/2026 have been fully considered but they are not persuasive.
In response to applicant argument that Mackenzie lacks “process fluid within a structure” and “tracer fluid within a tracer panel”, it is noted that features upon which applicant relies (i.e., process fluid in a process pipe or vessel, and tracer fluid such as steam, hot oil, water/glycol mixture or other heat transfer fluid, in the context of the argument) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The waste water flowing in the waste pipe 40 in Mackenzie is the “process fluid” as claimed since it undergo heat exchange process or flowing process in the waste pipe 40 (structure as claimed), and the cold water flowing within the heat exchanger modules 46 is the “tracer fluid” as claimed as it flows within the heat exchanger modules (tracer panel as claimed).
Applicant further argues regarding claim 14 that members 78, 80 in Mackenzie are integral part of a thermally conductive shield 74 that encapsulate the entire serpentine pipe and not separate heat transfer element. It is noted that the members 78, 80 are in fact separate parts or discrete pieces that are being assembled with the serpentine pipe to form the shield 74, see Figs. 7 and 8. Claim14 also does not further specify the separation. Therefore, the members 78, 80 being separate parts meet the “separate” in claim 14.
Applicant’s arguments with respect to claim(s) 10, 13, 15, 16 and 18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument (the new reference Kido, WO 2019/208124 A1 are relied upon rejecting claims 10, 13, 15, 16 and 18).
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 FOR K LING whose telephone number is (571)272-8752. The examiner can normally be reached Monday through Friday, 10 am to 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jianying Atkisson can be reached at 571-270-7740. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.K.L/Examiner, Art Unit 3763
/JOEL M ATTEY/Primary Examiner, Art Unit 3763