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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-18, in the reply filed on 15 July 2025 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 15 July 2025.
Response to Amendment
Receipt is acknowledged of an amendment, filed 13 March 2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-20 are pending.
Specification and Drawings:
Amendments to the specification and drawings have not been submitted in the amendment filed 13 March 2026.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-6, and 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lytle et al. (US Patent Publ. No. 2016/0174977).
With respect to claim 1, Lytle et al. disclose a system for determining mechanical displacement in an endoscopic device (system configured to detect and determine degree of articulation of an end effector, figs. 1, 2, 8, [0167]) comprising a shaft connected to an end effector (shaft 110 connected to end effector 120, figs. 1, 8), the system comprising: a first component located in the end effector (staple cartridge 122, flexible firing bar 318 located in end effector, figs. 2, 8, [0167]); a first mechanical connector extending through the shaft and connected at a distal end of the first mechanical connector to the first component (plurality of teeth 354 extends through shaft 110, plurality of teeth include a distal end connected to flexible firing bar 318, Annotated figure 8), wherein movement of the first component imparts movement in at least a proximal end of the first mechanical connector (proximal end of plurality of teeth 354 is mechanically connected to and moves with flexible firing bar 318 and staple cartridge, fig. 8); and a first sensor located in the shaft and configured to detect movement of the first mechanical connector and generate a signal indicative thereof (linear encoding system 350 including signal generator 356 and signal receiver 358 detects movement of plurality of teeth by the change in the signal, determines degree of articulation of the end effector 120, and communicates to controller, [0169], [0170]), the generated signal being further indicative of the movement of the first component (the signal receiver 358 detects the change in signal and determines the degree of articulation of the end effector 120, [0169]). Lytle et al. disclose the plurality of teeth 354 are mechanically connected to the flexible firing bar 318 (fig. 8) and are mechanically connected to the linear encoding system 350 by passing the linear encoding system 350 and changing the signal received by the linear encoding system 350 as the teeth 354 pass the linear encoding system 354 ([0169]), and thus the plurality of teeth 354 are considered to be a mechanical connector.
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With respect to claim 2, Lytle et al. disclose a device controller configured to determine a pose of the first component based on the detected movement by the first sensor (a controller which detects the articulation angle of the end effector 120 based on feedback from the receiver 358, [0170]).
With respect to claim 3, Lytle et al. disclose the first sensor comprises a linear encoder (linear encoding system 350 including a signal generator 356 and a signal receiver 358, [0169]).
With respect to claim 5, Lytle et al. disclose the linear encoder is an optical encoder (linear encoding system 350 including a signal generator 356 and a signal receiver 358, the encoding system 350 can include an optic encoder, [0169], [0170]) wherein the first mechanical connector includes an optically encoded scale that is read by the optical encoder (the plurality of teeth 354 pass between the signal generator 356 and the signal receiver 358, and the receiver detects the change in signal, [0169]). Lytle et al. disclose that the receiver detects the change in signal in response to the passage of the profile of the plurality of teeth, and therefore the plurality of teeth is considered to be an optically encoded scale that is read by the optical encoder.
With respect to claim 6, Lytle et al. disclose the first mechanical connector (plurality of teeth 354) is connected to the end effector at a first location to measure a yaw motion of the end effector (yaw motion shown in figs. 1, 2).
With respect to claim 8, Lytle et al. disclose the first component comprises an upper jaw of the end effector (the staple cartridge 122 includes an anvil, not shown, [0139]).
With respect to claim 9, Lytle et al. disclose the first component comprises a lower jaw of the end effector (the staple cartridge 122, figs. 1, 2).
With respect to claim 10, Lytle et al. disclose the first mechanical connector comprises a steel wire (the firing member may be steel, the firing member is generally thin and elongated and is considered to be a wire, [0303]).
With respect to claim 11, Lytle et al. disclose the first sensor is configured to detect movement of the first mechanical connector by reading a scale located at a proximal end of the first mechanical connector (linear encoding system 350 including a signal generator 356 and a signal receiver 358, the plurality of teeth 354 pass between the signal generator 356 and the signal receiver 358, and the receiver detects the change in signal, [0169]). Lytle et al. disclose that the receiver detects the change in signal in response to the passage of the profile of the plurality of teeth, and the plurality of teeth includes a proximal end (Annotated figure 8), and therefore the plurality of teeth is considered to be a scale located at a proximal end of the first mechanical connector.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lytle et al. in view of Miyahara (US Patent Publ. No. 2021/0030490).
With respect to claim 4, Lytle et al. disclose the linear encoder is a magnetic linear encoder encoding system 350 may include magnetic encoder, [0171]).
Lytle et al. fail to disclose the first mechanical connector includes a magnetically encoded scale that is read by the magnetic linear encoder.
Miyahara disclose a wire displacement detection device in a medical manipulator including a magnetic linear encoder (magnetic sensor 14, fig. 2) and a magnetically encoded scale that is read by the magnetic linear encoder (linear scale member 12, 13, fig. 2).
It 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 to modify the Lytle et al. device to include a magnetically encoded scale that is read by the magnetic linear encoder as taught by Miyahara, as the selection of an art-recognized element suitable for the intended purpose of providing a scale readable by the encoder, especially since Lytle et al. and Miyahara disclose magnetic linear encoders to read a scale and thereby determine component movement. MPEP 2144.07
Claims 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Lytle et al. (US Patent Publ. No. 2016/0174977).
With respect to claim 12, in the embodiment of figure 8, Lytle et al. fail to disclose the scale includes a plurality of incremental markings and at least one reference marking.
In the embodiment of figure 44, Lytle et al. disclose a scale including a plurality of incremental markings and at least one reference marking (incremental markings 4151, any of which can be considered to be a reference marking, fig. 44) on a firing member 4150, to be sensed by a sensor ([0303]).
It 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 to modify the device of the embodiment of fig. 8 of Lytle et al. to include the markings, as taught by Lytle et al. in the embodiment of figure 44, as the selection of an art-recognized element suitable for the intended purpose of providing a scale readable by the encoder, especially since Lytle et al. and Miyahara disclose magnetic linear encoders to read a scale and thereby determine component movement. MPEP 2144.07
With respect to claim 13, Lytle et al. disclose a system for determining a pose of an end effector of an endoscopic device (system configured to detect and determine degree of articulation of an end effector, figs. 1, 2, 8, [0167]) comprising a shaft connected to the end effector (shaft 110 connected to end effector 120, figs. 1, 8), the system comprising: a component located in the end effector (staple cartridge 122, flexible firing bar 318 located in end effector, figs. 2, 8, [0167]); a first mechanical connector attached at a distal end of the first mechanical connector to the component at a first location on the component (plurality of teeth 354 include a distal end connected to flexible firing bar 318, Annotated figure 8), the first mechanical connector including a first scale at a proximal end of the first mechanical connector (the plurality of teeth 354 pass between the signal generator 356 and the signal receiver 358, and the receiver detects the change in signal, [0169]); a first sensor located in the shaft (linear encoding system 350 including signal generator 356 and signal receiver 358, fig. 8), the first sensor configured to read the first scale and generate a first signal (linear encoding system 350 including signal generator 356 and signal receiver 358 detects movement of plurality of teeth by the change in the signal, determines degree of articulation of the end effector 120, and communicates to controller, [0169], [0170]); and a device controller configured to determine a pose of the component based on the first signal (a controller which detects the articulation angle of the end effector 120 based on feedback from the receiver 358, [0170]); wherein movement of the component causes the first mechanical connector to move along an axis of the shaft (plurality of teeth 354 moves with flexible firing bar 318 and staple cartridge, fig. 8); the generated signal being further indicative of the movement of the first component (the signal receiver 358 detects the change in signal and determines the degree of articulation of the end effector 120, [0169]). Lytle et al. disclose the plurality of teeth 354 are mechanically connected to the flexible firing bar 318 (fig. 8) and are mechanically connected to the linear encoding system 350 by passing the linear encoding system 350 and changing the signal received by the linear encoding system 350 as the teeth 354 pass the linear encoding system 354 ([0169]), and thus the plurality of teeth 354 are considered to be a mechanical connector. Lytle et al. disclose that the receiver detects the change in signal in response to the passage of the profile of the plurality of teeth, and the plurality of teeth includes a proximal end (Annotated figure 8), and therefore the plurality of teeth is considered to be a scale located at a proximal end of the first mechanical connector.
Lytle et al., in the embodiment of figure 8, fail to disclose a second mechanical connector attached at a distal end of the second mechanical connector to the component at a second location on the component, the second mechanical connector including a second scale at a proximal end of the second mechanical connector; a second sensor located in the shaft, the second sensor configured to read the second scale and generate a second signal; and wherein the controller is configured to determine pose of the component based on the second signal.
In the embodiment of figures 34-41, Lytle et al. disclose a first row of detectable features 3356 and a second row of detectable features 3357 on a firing member 3353, and a first sensor 3368a to read the first row of features, and a second sensor 3368b to read the second row of features, and a controller to determine a pose of the end effector based on the first and second signals from the first and second sensors (fig. 37, [0289]), to provide a matrix of sensor readings corresponding to the firing member position ([0291]).
It 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 to modify the device of the embodiment of fig. 8 of Lytle et al. to include a second mechanical connector attached at a distal end of the second mechanical connector to the component at a second location on the component, the second mechanical connector including a second scale at a proximal end of the second mechanical connector; a second sensor located in the shaft, the second sensor configured to read the second scale and generate a second signal; and wherein the controller is configured to determine the pose of the component based on the second signal, as taught by Lytle et al. in the embodiment of figures 34-41, to provide a matrix of sensor readings.
With respect to claim 14, Lytle et al. disclose that the device controller is configured to determine if the end effector is at a home position based on the first signal (the controller detects the articulation angle of the end effector 120 based on feedback from the receiver 358, any detected angle may be considered to be a home position [0170]).
Lytle et al., in the embodiment of fig. 8, fail to disclose the device controller is configured to determine if the end effector is at a home position based on the second signal.
In the embodiment of figures 34-41, Lytle et al. disclose a first row of detectable features 3356 and a second row of detectable features 3357 on a firing member 3353, and a first sensor 3368a to read the first row of features, and a second sensor 3368b to read the second row of features, and a controller to determine a pose of the end effector based on the first and second signals from the first and second sensors (fig. 37, [0289]), to provide a matrix of sensor readings corresponding to the firing member position ([0291]).
It 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 to modify the device of the embodiment of fig. 8 of Lytle et al. to include the controller is configured to determine if the end effector is at a home position based on the second signal, as taught by Lytle et al. in the embodiment of figures 34-41, to provide a matrix of sensor readings.
With respect to claim 15, Lytle et al. disclose the first sensor comprises a magnetic encoder or an optical encoder (encoding system 350 may include optical or magnetic encoder, [0171]).
In the embodiment of figure 8, Lytle et al. fail to disclose a second sensor comprising a magnetic encoder or an optical encoder.
In the embodiment of figures 34-41, Lytle et al. disclose a first row of detectable features 3356 and a second row of detectable features 3357 on a firing member 3353, and a first sensor 3368a to read the first row of features, and a second sensor 3368b to read the second row of features, and a controller to determine a pose of the end effector based on the first and second signals from the first and second sensors (fig. 37, [0289]), to provide a matrix of sensor readings corresponding to the firing member position ([0291]).
It 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 to modify the device of the embodiment of fig. 8 of Lytle et al. to include a second sensor comprising a magnetic or optical encoder, as taught by Lytle et al. in the embodiment of figures 34-41, to provide a matrix of sensor readings.
With respect to claim 16, Lytle et al. disclose the component comprises an upper jaw (the staple cartridge 122 includes an anvil, not shown, [0139]) or lower jaw of the end effector (the staple cartridge 122, figs. 1, 2).
With respect to claim 17, Lytle et al. disclose the component comprises an articulation joint (articulation joint 130, fig. 2, [0144]).
With respect to claim 18, Lytle et al. disclose the first mechanical connector comprises steel wire (the firing member may be steel, the firing member is generally thin and elongated and is considered to be a wire, [0303]).
In the embodiment of figure 8, Lytle et al. fail to disclose a second mechanical connector comprising steel wire.
In the embodiment of figures 34-41, Lytle et al. disclose a first row of detectable features 3356 and a second row of detectable features 3357 on a firing member 3353, and a first sensor 3368a to read the first row of features, and a second sensor 3368b to read the second row of features, and a controller to determine a pose of the end effector based on the first and second signals from the first and second sensors (fig. 37, [0289]), to provide a matrix of sensor readings corresponding to the firing member position ([0291]).
It 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 to modify the device of the embodiment of fig. 8 of Lytle et al. to include a second sensor comprising steel wire, as taught by Lytle et al. in the embodiment of figures 34-41, to provide a matrix of sensor readings.
Response to Arguments
With respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) as being anticipated by Lytle et al. (US Patent Publ. No. 2016/0174977), applicant’s arguments have been fully considered but are not persuasive.
Applicant argues that the detection systems of Lytle et al. “do not monitor movement of an end-effector component directly”.
In response, Lytle et al. disclose the end effector component (staple cartridge 122, flexible firing bar 318 located in end effector, figs. 2, 8, [0167]) and the sensor (linear encoding system 350 including signal generator 356 and signal receiver 358 detects movement of plurality of teeth by the change in the signal, [0169], [0170]). Since the sensor monitors movement of the teeth, and the teeth are connected to the firing bar, then the sensor monitors movement of firing bar. Therefore, the detection systems of Lytle et al. are considered to monitor movement of an end effector component directly.
Applicant argues that claim 1 recites “a first mechanical connector connected at a distal end of the first mechanical connector to the first component and comprising a first scale at a proximal end of the first mechanical connector” and that Lytle et al. does not teach this limitation.
In response, claim 1 recites “a first mechanical connector extending through the shaft and connected at a distal end of the first mechanical connector to the first component”. Claim 1 does not recite “and comprising a first scale at a proximal end of the first mechanical connector” as argued by applicant.
Applicant argues that “the plurality of teeth 354 do not extend through the shaft” because the teeth are located at the proximal end portion 340 of the flexible firing bar near the firing rod coupling, not along the length of the shaft and not extending through the shaft, and that interpreting the teeth themselves as extending through the shaft is factually incorrect.
In response, Lytle et al. disclose in fig. 8 the teeth 354 in the shaft 110, and thus the teeth are located along the length of the shaft. As applicant notes, the teeth 354 are located proximally along the firing bar 318, near the firing rod 114. As clearly shown in figure 8, the teeth, the firing bar, and the firing rod are located along the length of the shaft 110. Further, the plurality of teeth 354 extend proximally and distally along the firing bar 318 and through the shaft 110 (fig. 8 and Annotated figure 8). Thus, the teeth themselves extend through the shaft.
Applicant further argues that the teeth 354 are not a mechanical connector under any reasonable interpretation. Applicant argues that the first mechanical connector is a distinct structure whose purpose is to mechanically link a first component to a sensor location. Applicant argues that, in Lytle et al., the teeth are merely surface features formed on the firing bar, that the teeth do not connect two components, and the teeth are not a linkage, filament, wire, tape, or tendon as described in applicant’s specification, and that the teeth are passive geometry used for signal deflection that do not serve to transmit motion of a component measured by a sensor.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the first mechanical connector is a distinct structure whose purpose is to mechanically link a first component to a sensor location, the teeth do not connect two components, the teeth are not a linkage, filament, wire, tape, or tendon as described in applicant’s specification) are not recited in the rejected claims. 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). Claim 1 does not recite that the first mechanical connector is a distinct structure whose purpose is to mechanically link a first component to a sensor location, that the mechanical connector connects two components, or that the mechanical connector is a linkage, filament, wire, tape, or tendon.
Lytle et al. disclose a first mechanical connector as claimed. Lytle et al. disclose a first mechanical connector (plurality of teeth 354 including a distal end connected to the flexible firing bar 318 and a proximal end connected to the flexible firing bar 318, Annotated figure 8), wherein movement of the first component imparts movement in at least a proximal end of the first mechanical connector (proximal end of plurality of teeth 354 is mechanically connected to and movement of the flexible firing bar 318 imparts movement to the plurality of teeth, fig. 8). Lytle et al. disclose the plurality of teeth 354 are mechanically connected to the flexible firing bar 318 (fig. 8) at two locations (proximal and distal) and are mechanically connected to the linear encoding system 350 by passing the linear encoding system 350 and changing the signal received by the linear encoding system 350 as the teeth 354 pass the linear encoding system 354 ([0169]), and thus the plurality of teeth 354 are considered to be a mechanical connector. Since the teeth 354 are connected to the firing bar 318, then the teeth 354 move when the firing bar 318 moves. Thus, the teeth 354 serve to transmit motion of a component (the firing bar) measured by a sensor (movement of the firing bar is measured by the sensor).
Applicant further argues that the teeth 354 are not connected to the firing bar because they are integral features of the firing bar itself. Applicant argues that a structure cannot simultaneously be a connector and be integrally formed with the component it is alleged to connect, that the claim requires a connector attached at a distal end to a first component, and that a unitary structure cannot satisfy this relationship.
Initially, it is noted that Lytle et al. does not disclose in the written description that the teeth 354 are “integral features” of the firing bar 318 itself, or that the teeth 354 and the firing bar 318 are “a unitary structure”. It appears that applicant has drawn this conclusion from the figures.
Nevertheless, Applicant is urging a narrower reading of “connected to” than is warranted. Lytle et al. disclose, in the figures and in the written description, that the teeth 354 are coupled/joined/linked to the firing bar 318, and are therefore considered to be “connected to” the firing bar.
Applicant further argues that Lytle et al. does not disclose “wherein movement of the first component imparts movement in at least a proximal end of the first mechanical connector”.
In response, since the teeth 354 are connected to the firing bar 318, then the teeth 354 move when the firing bar 318 moves. Thus, the teeth 354 serve to transmit motion of a component (the firing bar) measured by a sensor (movement of the firing bar is measured by the sensor).
Applicant argues that the uneven staggering of the firing bar portions are not longitudinal movement imparted from a component to a connector.
In response, as clearly disclosed by Lytle et al., the movement of firing bar portions is longitudinal movement along the length of the shaft and the cartridge. Since the teeth 354 are connected to the firing bar 318, then the teeth 354 move when the firing bar 318 moves. Thus, the longitudinal movement of the firing bar and the teeth 354 are considered to be longitudinal movement imparted from a component (the firing bar) to a connector (the teeth).
Applicant argues that the teeth do not move with the staple cartridge.
In response, Lytle et al. disclose that the teeth move with the firing bar. Applicant’s argument is inapposite since the claim requires “wherein movement of the first component imparts movement in at least a proximal end of the first mechanical connector”. Since the teeth 354 are connected to the firing bar 318, then the teeth 354 move when the firing bar 318 moves. Thus, movement of the first component (the firing bar) imparts movement in at least a proximal end of the first mechanical connector (the proximal end of the plurality of teeth, Annotated Figure 8).
Applicant argues that Lytle et al. does not disclose a first sensor located in the shaft because the linear encoding system 350 is located adjacent the proximal end portion of the firing bar, near the coupling to the firing rod and proximal to the articulation joint.
In response, Lytle et al. disclose in fig. 8, the linear encoding system 350, the signal generator 356, and the signal receiver 358 located in the shaft 110.
Applicant further argues that Lytle et al. does not disclose that the sensor detects movement of a first mechanical connector.
In response, since the sensor (linear encoding system 350 including signal generator 356 and signal receiver 358) detects movement of the plurality of teeth 354, and since the plurality of teeth is a mechanical connector, then the sensor is considered to detect movement of a first mechanical connector.
Further, since the sensor monitors movement of the teeth, and the teeth are connected to the firing bar, then the sensor monitors movement of firing bar, and the generated signal is indicative of movement of a first component.
Applicant argues that in Lytle et al. the plurality of teeth 354 cannot be considered a mechanical connector because the linear encoding system does not mechanically engage, couple to, or connect with the teeth.
In response, claim 1 does not recite that the mechanical connector mechanically engage, couple to or connect to a sensor. Claim 1 requires “a mechanical connector” that is “connected at a distal end of the first mechanical connector to the first component”. Claim 1 does not require that the mechanical connector is connected to any additional element at all, nor to the sensor.
Nevertheless, the plurality of teeth of Lytle et al. are a mechanical element. Applicant urges a narrower interpretation of “mechanical connector” than is warranted. Lytle et al. disclose the plurality of teeth 354 including a distal end connected to the flexible firing bar 318 and a proximal end connected to the flexible firing bar 318 (Annotated figure 8), both of which are mechanical connections. Lytle et al. further disclose the plurality of teeth 354 pass the linear encoding system, and by their passing obstruct the path of the signal. Thus, the plurality of teeth and the position of the plurality of teeth with respect to the other elements of the device is a mechanical connection. Thus, the plurality of teeth 354 are considered to be a mechanical connector that has mechanical connections with a plurality of elements.
Applicant argues that the plurality of teeth 354 cannot be considered a mechanical connector because a mechanical connector under its ordinary meaning “is a structure whose function is to mechanically link two components so that movement of one is transmitted to the other”, and that the teeth do not link any components, do not transmit motion, do not connect an end-effector component to a sensor, and do not serve as a linkage, filament, wire, tape, or tendon.
In response, insofar as the ordinary meaning of a mechanical connector could include the function of “movement of one transmitted to the other”, the movement of the firing bar 318 is transmitted to the plurality of teeth 354.
With respect to applicant’s remaining arguments on pages 11-12, these arguments are a summary of the arguments made on pages 1-10, which have been fully responded to above.
Accordingly, in view of all of the above, the rejection of claim 1 under 35 U.S.C. 102(a)(1) as being anticipated by Lytle et al. (US Patent Publ. No. 2016/0174977) is still deemed proper.
Applicant has submitted no specific arguments with respect to independent claim 13, other than that the same logic applies to claim 13 as is applied to claim 1. The arguments have been fully responded to above.
Applicant has provided no arguments pointing out errors with respect to the rejections of dependent claims 2-6, 8-12, and 14-18, and these rejections are still deemed proper.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 7, the prior art fails to disclose or teach the subject matter of claim 6, wherein the first mechanical connector is connected at the first location, the system further comprising: a second mechanical connector extending through the shaft and connected at a distal end of the second mechanical connector to the first component at the second location, wherein movement of the first component imparts movement in the second mechanical connector; and a second sensor located in the shaft and configured to detect movement of the second mechanical connector and generate a signal indicative thereof, the generated signal being further indicative of the pitch motion of the first component.
Conclusion
THIS ACTION IS MADE FINAL. 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 Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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/LINDA J. HODGE/Examiner, Art Unit 3731
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