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 .
Notice of Reply
This communication is responsive to the amendment(s) and/or argument(s) filed 6/9/26. The previous ground(s) of objection and/or rejection is/are withdrawn. The following new and/or reiterated ground(s) of rejection is/are set forth hereinbelow.
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:
“a secondary sensing mechanism” in claim 5; and
“separate sensing componentry” in claim 14.
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.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4 and 6-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Javey et al. (WO 2017/058806 A1, hereinafter Javey).
For claim 1, Javey discloses a measuring device configured to provide an indication of at least one sweat property (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) the measuring device including inter alia:
a sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H), the sensing device comprising:
an inlet (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H), the inlet being configured to allow sweat to enter the sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H); and
at least one sensor (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) disposed at least one of or at and adjacent to the inlet (especially Figs 5A-5G, 23A-24H), the at least one sensor being configured to sense a respective at least one sweat property (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]);
a secondary sensing mechanism (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) for sensing at least one of sweat volume and sweat rate (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]); and
a wearable device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Fig 3A) connected to the sensing device , the wearable device being configured to sense skin temperature (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]); and
wherein the sensing device is disposable and interchangeable with another sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 2, Javey discloses the measuring device of claim 1, wherein the at least one sensor comprises at least two sensors (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H) disposed at least one of at and adjacent to or near the inlet, the at least two sensors being configured to sense two sweat electrolytes respectively (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 3, Javey discloses the measuring device of claim 1, wherein the at least one sensor comprises at least five sensors (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H) disposed at least one of at and adjacent to the inlet, the sensors being configured to sense five respective sweat electrolytes (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 4, Javey discloses the measuring device of claim 3, wherein the sweat electrolytes include Sodium ion (Na+), potassium ion (K+), Chloride ion (CI-), Calcium ions (Ca++), and magnesium ions (Mg++) (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 6, Javey discloses the measuring device of claim 1, wherein the secondary sensing mechanism is disposed adjacent to the inlet (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 7, Javey discloses the measuring device of claim 1, wherein the secondary sensing mechanism includes a microfluidic channel (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 8, Javey discloses the measuring device of claim 7, wherein the microfluidic channel is disposed in a serpentine formation from the inlet to an outlet port (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 9, Javey discloses the measuring device of claim 8, wherein the secondary sensing mechanism further includes an electrical impedance sensor (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]).
For claim 10, Javey discloses the measuring device of claim 9, wherein the electrical impedance sensor has a body aligned with the microfluidic channel (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H), and two conductors connected to the body at an inlet end and to respective electric pads on the sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 11, Javey discloses the measuring device of claim 10, wherein the two conductors are formed such that they are at least one of spaced-apart and electrically isolated from conductors joining the at least one sensor to the electric pads (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 12, Javey discloses the measuring device of claim 11, wherein the two conductors are spaced-apart such that they are substantially parallel at the electric pads (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 13. (Currently Amended) The measuring device of claim 12, wherein the electric pads are positioned at least one of at and adjacent to an edge of the sensing device (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 14, Javey discloses the measuring device of claim 1, wherein the sensing device is formed from at least one of a laver and mask that has separate sensing componentry disposed thereon (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 15, Javey discloses the measuring device of claim 14, wherein the at least one of a layer and mask include at least one of:
a first layer having the inlet (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H);
a second layer having at least one opening in fluid communication with the inlet and including the at least one sensor for sensing the respective at least one sweat electrolyte (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H);
a third layer having at least one secondary electrode for sensing sweat volume and/or sweat rate (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H); and
a fourth layer having a microfluidic channel (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
For claim 16, Javey discloses the measuring device of claim 8, wherein the outlet port is a waste chamber and/or hydrophobic vent (Figs 1A-1D,3A-3F,5A-5G,15A-15D,16B,23A-24H) ([0043-0085,0109-0115]) (especially Figs 5A-5G, 23A-24H).
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 6/9/26, with respect to the objections being obviated by amendments have been fully considered and are persuasive. The objections of the claims have been withdrawn.
Applicant's arguments regarding the 102 rejection filed 6/9/26 have been fully considered but they are not persuasive, wherein Applicant argues the following:
Javey discloses a "wearable flexible integrated sensing array (FISA) for simultaneous and selective screening of a panel of biomarkers in sweat" that "bridges the existing technological gap between signal transduction (electrical signal generation by sensors), conditioning (e.g., amplification and filtering), processing (e.g., calibration and compensation), and wireless transmission in wearable biosensors by merging integrated circuit (IC) technologies. with flexible and conforming sensor technologies." Javey, paragraph [0052]. In Javey, "skin-conforming plastic-based sensors.. and IC components. are merged at high level of integration." Javey, paragraph [0076]. This merged, integrated configuration is fundamentally different from the architecture recited by amended claim 1, which requires a disposable sensing device that is interchangeable with another sensing device.
Amended independent claim 1 requires that the sensing device itself includes "a secondary sensing mechanism for sensing at least one of sweat volume and sweat rate" as part of the disposable and interchangeable sensing device. The present application discloses "a disposable component 10 which has an adhesive surface to adhere to the skin and which also contains a collection orifice 15, ion specific electrodes (20, 22) and calibrated microfluidic channel 25, together with an impedance sensor 35, and electrical connectors/pads to a wearable component." See Specification, page 15, lines 23-26. The present application also discloses "a non-disposable waterproof wearable component 100 containing processing system(s) to control data flow, data storage, calibration data, a skin temperature measurement module, a wireless communications module and a power source for operation." See Specification, page 15, lines 19-22. This clearly distinguishes between the disposable sensing device and the non-disposable wearable device.
Javey does not disclose a secondary sensing mechanism for sensing sweat volume and/or sweat rate. Javey's references to sweat rate are merely observations that are "visually observed" rather than measured by a dedicated sensing mechanism. See Javey, paragraph [0071] (noting that "the dilution effect caused by an increase in sweat rate which is visually observed as exercise continues"). Javey does not disclose any sensor or mechanism configured to measure sweat volume or sweat rate.
It is respectfully submitted that although Javey discusses sweat rate, the cited reference fails to disclose that the device actually sense or measure sweat rate or volume, in the same sensing device, where the sensing device is connected to a wearable device and the sensing device is interchangeable with the another sensing device, as required by amended independent claim 1.
While Javey mentions that "the devised sensor-FPCB interface allows for convenient replacement of the fresh sensor arrays for subsequent use," this refers to replacement of sensor arrays due to degraded enzyme activity for glucose and lactate sensors, not to a disposable sensing device that includes a secondary sensing mechanism for sensing sweat volume and/or sweat rate as required by amended claim 1. Javey, paragraph [0095].
Accordingly, Javey does not disclose a sensing device that is both (a) disposable and interchangeable with another sensing device, and (b) includes a secondary sensing mechanism for sensing at least one of sweat volume and sweat rate, as recited by amended claim 1.
The Examiner respectfully disagrees and in response notes the following:
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., “"a disposable component 10 which has an adhesive surface to adhere to the skin and which also contains a collection orifice 15, ion specific electrodes (20, 22) and calibrated microfluidic channel 25, together with an impedance sensor 35, and electrical connectors/pads to a wearable component.", and/or “that the device actually sense or measure sweat rate or volume, in the same sensing device”) 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). Although the related claim limitations at issue invoke means-plus-function limitations, the particular disclosed structure need not be necessarily present in the art to be equivalent while accomplishing the same function (see MPEP 2184).
In response to applicant's argument that Javey fails to disclose “the sensing device is disposable and interchangeable with another sensing device”, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case, Javey’s sensing device as set forth and cited hereinabove is fully capable of being disposed and interchanged with another sensing device. For example at least, Javey’s wearable biometric monitoring system is more than capable of being thrown away and replaced by another same system and/or may more than fairly and reasonably be explicitly, implicitly, and/or inherently considered to be “disposable” and “interchangeable” with another identical Javey system, particularly absent any claimed structural distinctions to the contrary which do not appear present. Stated in another way, as is well known to even a layperson in the art of wearable biometric monitors, a smart watch/wristband/headband/sweatband may be discarded and replaced with another, particularly if/when damaged or not functioning as expected. Further, given the 112(f) invocation, Javey may more than fairly and reasonably be considered at least the structural equivalent of the claimed invention as broadly as claimed.
In response to applicant's argument that Javey fails to disclose a secondary sensing mechanism for sensing sweat volume and/or sweat rate, the Examiner respectfully notes below.
Initially, the Examiner notes Javey explicitly states (emphasis added) the following:
[0046] As discussed elsewhere herein, the panel of target analytes and skin temperature may be selected based on their informative role in understanding an individual's physiological state. Measuring and analyzing certain analytes (e.g., sodium, potassium, glucose, lactate, skin temperature, heavy metals, pH, etc.) may then be used to detect and monitor various physiological conditions. For example, excessive loss of sodium and potassium in sweat could result in hyponatremia, hypokalemia, muscle cramps or dehydration. Sweat sodium and potassium could be useful biomarkers for electrolyte imbalance and Cystic Fibrosis diagnosis. Sweat glucose comes from blood glucose. Thus, glucose monitoring is desirable in managing diabetes, and several studies have reported that sweat glucose levels are correlated with blood glucose levels. As such, sweat glucose sensing may serve as a non-invasive way for blood glucose monitoring.
[0047] Sweat lactate analysis may be helpful for many potential clinical applications. For example, sweat lactate has been shown to potentially be a very useful early warning indicator of pressure ischemia. Sweat lactate may also be used to monitor physical performance since lactate is a product of anaerobic metabolism. If there is an adequate correlation between blood and sweat lactate levels, the detection of sweat lactate may offer a non-invasive way for blood lactate monitoring. There are also reports on using sweat lactate as a biomarker for panic disorder or Frey's syndrome. Skin temperature is clinically informative of a variety of diseases and skin injuries such as pressure ulcers. Skin temperature is an effective indicator of human sensations and provides significant clinical information about cardiovascular health, cognitive state and malignancy. Additionally, skin temperature measurements may be used to compensate for and to reduce or eliminate the influence of temperature variation on the chemical sensors' readings, optionally through a built-in signal processing functionality, as discussed elsewhere herein.
[0057] In particular, as illustrated in Fig. la, an example implementation of the FISA enables simultaneous and selective measurement of a panel of metabolites and electrolytes in human perspiration as well as the skin temperature (e.g., in the context of prolonged indoor and outdoor physical activities). The FISA may optionally include a mechanically flexible polyethylene terephthalate (PET) substrate. By fabricating the sensors on a mechanically flexible polyethylene terephthalate (PET) substrate, a stable sensor-skin contact is formed, while the FPCB technology is exploited to incorporate the critical signal conditioning, processing, and wireless transmission functionalities, optionally using readily available IC components (see, e.g., Fig. lb). As discussed elsewhere herein, the panel of target analytes and skin temperature may be selected based on their informative role in understanding an individual's physiological state. For example, excessive loss of sodium and potassium in sweat could result in hyponatremia, hypokalemia, muscle cramps or dehydration; sweat glucose is reported to be metabolically related to blood glucose; sweat lactate is a sensitive marker of pressure ischemia; and skin temperature is clinically informative of a variety of diseases and skin injuries such as pressure ulcers. Additionally, skin temperature measurements may be needed to compensate and eliminate (or at least reduce) the influence of temperature variation on the chemical sensors' readings through a built-in signal processing functionality.
[0071] Real-time physiological monitoring was performed on a subject during constant- load exercise on a cycle ergometer. In this example, the protocol involved a 3- minute ramp up, a 20-minute cycling at 150 W, and a 3-minute cool down. During the exercise, the heart rate (HR), oxygen consumption (VO.sub.2), and minute ventilation (VE) were measured using external monitoring instruments, and were found to increase proportionally with increasing power output (PO) as shown in Fig. 3c. Figure 3d illustrates the corresponding real-time measurements on the subject's forehead using a FISA. The skin temperature remains constant at 34 °C up to perspiration initiation at -320 s. The dip in temperature at this point indicates the beginning of perspiration and evaporative cooling. With continuation of perspiration process, skin temperature rises at -400 s because of muscle heat conductance to skin and then remains stable, while both sweat lactate and glucose decrease gradually (square brackets represent concentration). The decreases in sweat lactate and glucose are expected due to the dilution effect caused by an increase in sweat rate which is visually observed as exercise continues. However, lactate becomes relatively stable after 1100 seconds, indicating the stabilization of physiological responses to continuous, sub- maximal constant exercise power output. Sweat [Na.sup.+] increases and [K.sup.+] decreases in the beginning of perspiration, in line with the previous ex-situ studies from the collected sweat samples. Both [Na.sup.+] and [K.sup.+] stabilize as the cycling continues. By wearing FISA at different parts of the body, the site-specific variations in electrolytes and metabolites levels can also be monitored and studied simultaneously.
[0075] Figs. 14a-14d show ex-situ measurement of collected sweat samples using the FISA from a subject during stationary cycling at 150 W, including: the ex-situ results of [Na+] (Fig. 14a) and [K+] (Fig. 14c) from the collected sweat samples from the subject's forehead without water intake (-2.5% (w/w) dehydration); the ex-situ results of [Na+] (Fig. 14b) and [K+] (Fig. 14d) from the collected sweat samples of the subject's forehead with water intake (150 mL/5 min). These trends are likely caused by increased serum [Na.sup.+] and [K.sup.+] with dehydration and increased neural stimulation, a conclusion in agreement with previous ex-situ sweat analyses. Thus, sweat [Na.sup.+] can potentially serve as an important biomarker for dehydration monitoring. The disclosed wearable platform can enable new fundamental physiology studies and new trends could be observed upon further on-body evaluation. Thus, the wearable platform may be configured to determine, from sensor measurements, the likelihood or presence of wearer dehydration, hyponatremia, hypokalemia, muscle cramps, ischemia, and/or pressure ulcers, and may provide corresponding alerts and reports.
As evidentiarily demonstrated in part above, Javey is expressly concerned with monitoring sweat analyte(s) over time and correlating them with sweat rate and/or volume while, explicitly/implicitly/inherently, identifying pressure ischemia in the presence of sweat lactate monitoring leading to dehydration from excess sweat causing dehydration, reduced blood flow, and/or temperature changes. Javey’s analyte concentration monitoring may more than fairly and reasonably be considered top anticipated and/or constitute at least the structural equivalent of “a secondary sensing mechanism for sensing at least one of sweat volume and sweat rate”, especially as broadly as structurally claimed. The mere fact that Javey additionally mentions visual observing sweat rate while evaluating device performance does not preclude Javey’s analyte monitoring smart wearable from comprising at least “a secondary sensing mechanism for sensing at least one of sweat volume and sweat rate”, particularly in the presence of explicit sweat lactate monitoring that expressly correlates with sweat volume and sweat rate.
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 Jeffrey G. Hoekstra whose telephone number is (571)272-7232. The examiner can normally be reached Monday through Thursday from 5am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles A. Marmor II can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Jeffrey G. Hoekstra
Primary Examiner
Art Unit 3791
/JEFFREY G. HOEKSTRA/ Primary Examiner, Art Unit 3791
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