DETAILED ACTION
Remarks
Claims 1-19 have been examined and rejected. This Office action is responsive to the amendment filed on 06/17/2026, which has been entered in the above identified application.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 14 of U.S. Patent No. 9,881,337 B2 in view of Mullany (US 8,527,909 B1, published 09/03/2013). Although the claims at issue are not identical, they are not patentably distinct from each other because
18/738,129 (Instant Application)
US 9,881,337 B2
Claims 1, 10, 19): A method for providing seamless transitions between graphical images on a graphical user interface, the method comprising:
Claims 1) A method for providing seamless transitions between graphical images on a binary options interface, the method comprising: receiving
receiving, via a processor, a user-input on a touch-sensitive display of the graphical user interface, in which the user-input corresponds to a request for a transformation of a graphical image that is displayed on the graphical user interface and in which the graphical user interface is integrated into a mobile device, the graphical image, representative of a financial index including a plurality of bids and offers, associated with a binary options instrument;
receiving, via a processor, an user-input on a touch-sensitive display of the binary options interface, in which the user-input corresponds to a request for a transformation of a graphical image that is displayed on the binary options interface and in which the binary options interface is integrated into a mobile device with a display screen
detecting, via the processor, a perimeter of the graphical image; and
retrieving and caching a set of data points located outside the perimeter in advance of receiving the user-input;
Claim 14) in which generating the updated graphical image further comprises: detecting a perimeter of the graphical image; and retrieving data points within an area of the perimeter, in which at least a portion of the data points are used to generate the updated graphical image
caching a set of data points
generating, via the processor, in response to the user-input, an updated graphical image using the set of cached data points;
generating, via the processor, in response to the user-input, an updated graphical image comprising a second total number of strike levels that is different from the first total number of strike levels
displaying, via the processor, the updated graphical image to replace the graphical image on the graphical user interface, in which a continuous transition from the graphical image to the updated graphical image comprises a continuously displayed image in absence of a break in the graphical image.
displaying, via the processor, the updated graphical image comprising the second total number of strike levels to replace the graphical image comprising the first total number of strike levels on the binary options interface, in which a transition from the graphical image to the updated graphical image comprises a continuously displayed image
In the same field of endeavor, Mullany teaches: caching a set of data points (Mullany Figs. 1-30; abs.; col. 8 [line 46]; col. 23 [line 54]; col. 24 [line 19]; col. 24 [line 28]; col. 24 [line 42]; col. 24 [line 55]). It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated caching a set of data points as suggested in Mullany. Doing so would be desirable because various types of user input devices currently exist for performing various operations in a computing device. Such input devices include, as examples, keyboards, mice, trackballs, switches, touch screens, and other types of input devices. Some of the operations that can be accomplished with these user input devices include moving a cursor, selecting content displayed on a display screen, scrolling, panning, zooming, and other operations. (see Mullany col. 1 [line 23]). Increasingly, computer applications are receiving user input through a touch screen (also known as a "touchscreen" or a "touch-sensitive display"). This increase has been driven in part by the wide availability of relatively inexpensive portable personal computing devices such as tablet computers and mobile phones that incorporate touch screens into their form factors (see (see Mullany col. 1 [line 31]). Touch screens are becoming more popular for use as displays and as user input devices on electronic devices. Unfortunately, users are currently unable to interact with and manipulate certain types of data in meaningful and natural ways using touch gestures as input to a touch screen. More particularly, users are currently unable to interact with and manipulate data visualizations in meaningful and natural ways using touch gestures (see Mullany col. 1 [line 47]). Accordingly, there is a need for more efficient, user-friendly, and natural procedures for interacting with and manipulating data visualizations using touch gestures as input to a touch screen (see Mullany col. 1 [line 55]).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 13 of U.S. Patent No. 11,074,649 B2 in view of Mullany (US 8,527,909 B1, published 09/03/2013). Although the claims at issue are not identical, they are not patentably distinct from each other because
18/738,129 (Instant Application)
US 11,074,649 B2
Claims 1, 10, 19): A method for providing seamless transitions between graphical images on a graphical user interface, the method comprising:
Claim 1) A method for providing seamless transitions between graphical images on a binary options graphical user interface, the method comprising:
receiving, via a processor, a user-input on a touch-sensitive display of the graphical user interface, in which the user-input corresponds to a request for a transformation of a graphical image that is displayed on the graphical user interface and in which the graphical user interface is integrated into a mobile device, the graphical image, representative of a financial index including a plurality of bids and offers, associated with a binary options instrument;
receiving, via a processor, an user-input on a touch-sensitive display of the binary options graphical user interface, in which the user-input corresponds to a request for a transformation of a graphical image that is displayed on the binary options graphical user interface, in which the graphical image comprises a first price line and a first total number of strike lines corresponding to a first total number of strike levels;
detecting, via the processor, a perimeter of the graphical image; and
retrieving and caching a set of data points located outside the perimeter in advance of receiving the user-input;
Claim 13) detecting a perimeter of the graphical image; and retrieving data points within an area of the perimeter, in which at least a portion of the data points are used to generate the updated graphical image
caching a set of data points
generating, via the processor, in response to the user-input, an updated graphical image using the set of cached data points
generating, via the processor, in response to the user-input, an updated graphical image comprising a second price line and a second total number of strike lines corresponding to a second total number of strike levels that is different from but at least partially inclusive of the first total number of strike levels, the second price line being at least a portion of the first price line, and in response to receiving an indication of a trigger, retrieving, in advance of receiving the request for the transformation, data points that correspond to the updated graphical image;
displaying, via the processor, the updated graphical image to replace the graphical image on the graphical user interface, in which a continuous transition from the graphical image to the updated graphical image comprises a continuously displayed image in absence of a break in the graphical image
displaying, via the processor, the updated graphical image comprising the second price line and the second total number of strike lines to replace the graphical image comprising the first price line and the first total number of strike lines on the binary options graphical user interface relative to a two-dimensional price graph that plots the second price line with respect to time, wherein each strike line of the second number of strike lines is a linear line fixed horizontally across the price graph at a respective position along a vertical axis of the price graph, and one or more strike lines of the second number of strike lines is superimposed horizontally over the second price line in response to vertical movement of the second price line over time relative to the vertical axis, in which a transition from the graphical image to the updated graphical image comprises a continuously displayed image; and in which generating the updated graphical image further comprises: identifying at least two data points on the graphical image; generating a first graphical image by interpolating the at least two data points; displaying the first graphical image to replace the graphical image on the graphical user interface; retrieving actual data points that correspond to the requested transformation; and generating the updated graphical image to replace the first graphical image
In the same field of endeavor, Mullany teaches: caching a set of data points (Mullany Figs. 1-30; abs.; col. 8 [line 46]; col. 23 [line 54]; col. 24 [line 19]; col. 24 [line 28]; col. 24 [line 42]; col. 24 [line 55]). It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated caching a set of data points as suggested in Mullany. Doing so would be desirable because various types of user input devices currently exist for performing various operations in a computing device. Such input devices include, as examples, keyboards, mice, trackballs, switches, touch screens, and other types of input devices. Some of the operations that can be accomplished with these user input devices include moving a cursor, selecting content displayed on a display screen, scrolling, panning, zooming, and other operations. (see Mullany col. 1 [line 23]). Increasingly, computer applications are receiving user input through a touch screen (also known as a "touchscreen" or a "touch-sensitive display"). This increase has been driven in part by the wide availability of relatively inexpensive portable personal computing devices such as tablet computers and mobile phones that incorporate touch screens into their form factors (see (see Mullany col. 1 [line 31]). Touch screens are becoming more popular for use as displays and as user input devices on electronic devices. Unfortunately, users are currently unable to interact with and manipulate certain types of data in meaningful and natural ways using touch gestures as input to a touch screen. More particularly, users are currently unable to interact with and manipulate data visualizations in meaningful and natural ways using touch gestures (see Mullany col. 1 [line 47]). Accordingly, there is a need for more efficient, user-friendly, and natural procedures for interacting with and manipulating data visualizations using touch gestures as input to a touch screen (see Mullany col. 1 [line 55]).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 8, 10-14, and 17 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mullany (US 8,527,909 B1, published 09/03/2013) in view of Bestdirecttrading (“Trading Binary Options from the Chart Trader Window”, https://www.youtube.com/watch?v=PMdUrHufgOw, published 04/09/2012, 34 pages).
Regarding claim 1, Mullany teaches the claim comprising:
A method for providing seamless transitions between graphical images displayed on a graphical user interface, the method comprising (Mullany Figs. 1-2; abs. systems, methods, and devices for interpreting manual touch gestures as input to a touch screen for manipulating computer-generated data visualizations such as column charts, bar charts, and pie charts are provided):
receiving, via a processor, a user-input on a touch-sensitive display of the graphical user interface, in which the user-input corresponds to a request for a transformation of a graphical image that is displayed on the graphical user interface (Mullany Figs. 1-2; col. 5 [line 31], device 100 also includes a main memory for storing information and instructions to be executed by processor; col. 8 [line 61], a user may perform a pinch gesture to zoom out the vertical axis of a column chart; FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture to zoom out of a chart; col. 9 [line 3-35], in FIG. 2A, the GUI 240 displayed on the touch screen 212 includes a column chart displayed in a first display state for comparing values across year-based categories; col. 10 [line 37], a user may perform a spread gesture to zoom in the vertical axis of a column chart; col. 10 [line 46], in FIG. 3A, the GUI 340 displayed on the touch screen 312 includes a column chart displayed in a first display state for comparing values across year-based categories; col. 11 [line 40] – col. 12 [line 44], a user may perform a pinch gesture to zoom out the horizontal axis of a column chart; FIGS. 4A-B illustrate a GUI 440 displayed on a touch screen 412; col. 12 [line 56], the first display state corresponds when the contact points 543A and 543B of the pinch gesture 543 are relatively close together; col. 13 [line 50], a user may perform a drag, swipe, or flick gesture to pan across the horizontal axis of a column chart; FIGS. 6A-B illustrate a GUI 640 displayed on a touch screen 612 at various points during the performance of a drag, swipe, or flick gesture 643 to pan across the horizontal axis 642 of a column chart; col. 15 [line 19], a drag, swipe, or flick gesture to pan across the horizontal axis can be used to reveal currently unviewable chart values)
and in which the graphical user interface is integrated into a mobile device (Mullany Fig. 1; col. 5 [line 6], the device 100 can be a portable electronic device, including but not limited to a handheld computer, a tablet computer, a mobile phone, a media player, a personal digital assistant (PDA), or the like);
detecting, via the processor, a perimeter of the graphical image; and retrieving and caching a set of data points located outside the perimeter in advance of receiving the user-input (Mullany Figs. 1-30; abs. interpreting manual touch gestures as input to a touch screen for manipulating computer-generated data visualizations such as column charts, bar charts, and pie charts are provided; col. 8 [line 46], various manipulations of computer-generated data visualizations using touch gestures will now be described with reference to the example GUIs of FIGS. 2-29; col. 23 [line 54], executable software components 3050, 3051, and 3052 are loaded in main memory 106 of the electronic device 100; col. 24 [line 19], Hosted application 3052 may be downloaded over a data network (e.g., the Internet) by hosting application 3051 for execution. In one embodiment, hosted application 3052 includes browser scripting instructions (e.g., JavaScript instructions, Hypertext Markup Language (HTML) instructions, Extensible Hypertext Markup Language (XHTML) instructions, Cascading Style Sheet (CSS) instructions) for responding to touch events and updating the display of data visualizations through hosting application 3051; col. 24 [line 28], The hosting application 3051 provides an application programming interface (API) for communicating touch events communicated to it by operating system 3050 to hosted application 3052. In addition to any information conveyed to the hosting application 3051 by the operating system 3050 when a touch event occurs, a touch event communicated by the hosting application 3051 to the hosted application 3052 may indicate particular GUI elements to which the touch event was directed. Such GUI elements may correspond to chart elements displayed on the touch screen 112 such as columns, portions of stacked columns, bars, portions of stacked bars, legends, pie chart slices, category labels, sub-category labels, horizontal axes, vertical axes, and others; col. 24 [line 42], the hosted application 3052 processes the touch events by instructing the hosting application 3051 to update the display of chart GUI elements displayed on the touch screen 112 in accordance with the data visualization manipulations described above. In one embodiment, chart GUI elements are updated by the hosted application 3052 using drawing commands supported by the hosting application 3051; col. 24 [line 55], view manipulation of a data visualization can be accomplished without the need to carry out a request-response round trip over a data network from the device 100 to a server device on the data network and then back to the electronic device 100. In some embodiments of the invention, this round-trip-less view manipulation of the data visualization is accomplished locally at the electronic device, at least in part, by the hosted application 3052 responding to touch events that it receives notification of from the hosting application 3051 and updating the display of the data visualization by issuing drawing commands (e.g., HTML 5 Canvas, VML, or SVG commands) to the hosting application 3051 in response to receiving the notification of the touch events)
generating, via the processor, in response to the user-input, an updated graphical image using the set of cached data points; displaying, via the processor, the updated graphical image to replace the graphical image on the graphical user interface, in which a continuous transition from the graphical image to the updated graphical image comprises a continuously displayed image in absence of a break in the graphical image (Mullany Figs. 1-30; abs. interpreting manual touch gestures as input to a touch screen for manipulating computer-generated data visualizations such as column charts, bar charts, and pie charts are provided; col. 8 [line 46], various manipulations of computer-generated data visualizations using touch gestures will now be described with reference to the example GUIs of FIGS. 2-29; col. 9 [line 36], in FIG. 2B, the GUI 240 has transitioned to a second display state in response to the pinch gesture 243 to zoom out the vertical axis 241; in the second display state, the current maximum value and the current maximum displayed value of the vertical axis 241 has increased from 100 to 200 and the columns are drawn smaller (i.e., at least shorter in height) in accordance with the user's request to zoom out the vertical axis 241; col. 9 [line 49], the transition between the first display state and the second display state is animated such that the user can view the columns becoming smaller and the current maximum displayed value of the vertical axis increasing as the user performs the pinch gesture to zoom out the vertical axis; col. 10 [line 37], a user may perform a spread gesture to zoom in the vertical axis of a column chart; FIGS. 3A-B illustrate a GUI 340 displayed on a touch screen 312 at various points during the performance of a spread gesture to zoom; the user may zoom in the vertical axis of the chart to decrease the range of values represented by the vertical axis and to enlarge the display size of the columns of the chart; col. 10 [line 55], in FIG. 3B, the GUI 340 has transitioned to a second display state in response to the spread gesture 343 to zoom in the vertical axis 341; col. 11 [line 1], the transition between the first display state and the second display state is animated such that the user can view the columns becoming larger and the maximum displayed value of the vertical axis decreasing as the user performs the spread gesture; col. 12 [line 65] – col. 13 [line 9], the second display state corresponds to the location of contact points 543C and 543D, and the number of categories represented by the horizontal axis 442 has decreased from eight to four and the columns are drawn larger (i.e., at least wider in width) in accordance with the zoomed in horizontal axis 542; col. 13 [line 10], the transition between the first display state and the second display state is animated such that the user can view chart categories becoming unviewable and the columns becoming larger as the user performs the spread gesture to zoom in the horizontal axis; col. 14 [line 6], in FIG. 6B, the GUI 640 has transitioned to a second display state in response to a swipe, drag, or flick gesture 643 to pan across the horizontal axis 642; col. 14 [line 66], the transition between the first display state and the second display state is animated such that the user can view chart categories and corresponding chart value shifting along the horizontal axis as the user performs the drag, swipe, or flick gesture operation to pan across the horizontal axis; col. 15 [line 19], in FIG. 6B, the chart values for years 2007, 2008, 2009, and 20010 were made viewable within the GUI 640 viewing area by the right to left drag, swipe, or flick gesture 643 to pan across the horizontal axis 642; col. 24 [line 42], the hosted application 3052 processes the touch events by instructing the hosting application 3051 to update the display of chart GUI elements displayed on the touch screen 112 in accordance with the data visualization manipulations described above).
However, Mullany fails to expressly disclose the graphical image, representative of a financial index including a plurality of bids and offers, associated with a binary options instrument. In the same field of endeavor,
the graphical image, representative of a financial index including a plurality of bids and offers, associated with a binary options instrument (Bestdirecttrading p. 2 (00:00), in this video we will discuss how to trade the NADEX binary options from the chart; p. 3 (00:39), this will open up the chart; first I will go over what each of the fields means on this chart; then I will show you how to place a trade; p. 7 (02:27), along the right the right are the different strikes for the e-mini S&P 500 for the binaries; p. 8 (02:33), if you'd like to see more you can simply left click on the price pane and drag your mouse up or down to show more; p. 22 (03:25), if we change it to the 1400 you will see over on the chart the 1400 strike becomes bold; this will tell you which binary option you are trading; p. 23 (03:36), if we change it back to the 1394 we will see that become bold; p. 24 (04:06), we have the current bid and ask for the selected binary option that we have from this drop-down; as shown, headline bid and offer prices are displayed adjacent to each strike line; see pp. 2-34, user using an input device to interact with an interface generated by a computer via gestures)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the graphical image, representative of a financial index including a plurality of bids and offers, associated with a binary options instrument as suggested in Bestdirecttrading into Mullany. Doing so would be desirable because the systems of Bestdirecttrading and Mullany both endeavor to enhance user interactions with graphical images and improve user access to important information. Bestdirecttrading provides a simple, powerful, and flexible graphical image manipulation GUI for users to trade while viewing a desired graphical image (see Bestdirecttrading (03:03)). The system of Bestdirecttrading provides an easy to understand graphical image that enables desired manipulations to view desired information (see Bestdirecttrading see pp. 2-34), thereby better allowing the user to make informed trading decisions based the user’s preferred view of the data.
Regarding claim 10, claim 10 contains substantially similar limitations to those found in claim 1, the only difference being An apparatus for providing seamless transitions between graphical images displayed on a graphical user interface, the apparatus comprising: memory coupled to a processor configured to (Mullany Figs. 1-2; abs. systems, methods, and devices for interpreting manual touch gestures as input to a touch screen for manipulating computer-generated data visualizations such as column charts, bar charts, and pie charts are provided; col. 5 [line 31], device 100 also includes a main memory for storing information and instructions to be executed by processor). Consequently, claim 10 is rejected for the same reasons.
Regarding claim 19, claim 19 contains substantially similar limitations to those found in claim 1, the only difference being An article of manufacture comprising a non-transitory computer-readable medium that stores instructions which, when executed by a processor, direct the processor perform a method for providing seamless transitions between graphical images displayed on a graphical user interface, the method comprising (Mullany Figs. 1-2; abs. systems, methods, and devices for interpreting manual touch gestures as input to a touch screen for manipulating computer-generated data visualizations such as column charts, bar charts, and pie charts are provided; col. 5 [line 31], device 100 also includes a main memory for storing information and instructions to be executed by processor; such instructions, when stored in non-transitory storage media accessible to processor 104, render device 100 into a special-purpose machine that is customized to perform the operations specified in the instructions). Consequently, claim 19 is rejected for the same reasons.
Regarding claim 2, Mullany in view of Bestdirecttrading teaches all the limitations of claim 1, further comprising:
wherein the mobile device is a tablet device (Mullany Figs. 1-30; col. 5 [line 6], the device 100 can be a portable electronic device, including but not limited to a handheld computer, a tablet computer, a mobile phone, a media player, a personal digital assistant (PDA), or the like; col. 6 [line 18], device 100 may implement the techniques described herein)
Regarding claim 11, the claim contains substantially similar limitations to those found in claim 2. Consequently, the claim is rejected for the same reasons.
Regarding claim 3, Mullany in view of Bestdirecttrading teaches all the limitations of claim 1, further comprising:
wherein the user-input comprises a stretch-to-expand gesture and the transformation comprises a zoom-in scaling of the graphical image (Mullany Fig. 1-30; col. 8 [line 4], a "spread" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact moving the elements in contact with the touch screen surface farther apart while maintaining contact with the touch screen surface; col. 10 [line 37], a user may perform a spread gesture to zoom in the vertical axis of a column chart; FIGS. 3A-B illustrate a GUI 340 displayed on a touch screen 312 at various points during the performance of a spread gesture to zoom; the user may zoom in the vertical axis of the chart to decrease the range of values represented by the vertical axis and to enlarge the display size of the columns of the chart; col. 10 [line 46], in FIG. 3A, the GUI 340 displayed on the touch screen 312 includes a column chart displayed in a first display state for comparing values across year-based categories; col. 10 [line 55], in FIG. 3B, the GUI 340 has transitioned to a second display state in response to the spread gesture 343 to zoom in the vertical axis 341; col. 12 [line 46] – col. 13 [line 9], a user may perform a spread gesture to zoom in the horizontal axis of a column chart; FIGS. 5A-B illustrate a GUI 540 displayed on a touch screen 512 at various points during the performance of a spread gesture 543 to zoom in the horizontal axis 542 of a column chart)
Regarding claim 12, the claim contains substantially similar limitations to those found in claim 3. Consequently, the claim is rejected for the same reasons.
Regarding claim 4, Mullany in view of Bestdirecttrading teaches all the limitations of claim 1, further comprising:
wherein the user-input comprises a pinch-to-shrink gesture and the transformation comprises a zoom-out scaling of the graphical image (Mullany Fig. 1-30; col. 7 [line 64], a "pinch" touch gesture is one where the user simultaneously touches the surface of the touch screen at two points of contact bringing the elements in contact with the touch screen surface closer together while maintaining contact with the touch screen surface; col. 8 [line 61], a user may perform a pinch gesture to zoom out the vertical axis of a column chart; FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture 243 to zoom out the vertical axis 241 of a column chart; the user may zoom out the vertical axis of the chart to increase the range of values represented by the vertical axis and reduce the display size of the columns of the chart; col. 9 [line 3-35], in FIG. 2A, the GUI 240 displayed on the touch screen 212 includes a column chart displayed in a first display state for comparing values across year-based categories; col. 9 [line 36], In FIG. 2B, the GUI 240 has transitioned to a second display state in response to the pinch gesture 243 to zoom out the vertical axis 241; col. 9 [line 49], the transition between the first display state and the second display state is animated such that the user can view the columns becoming smaller and the current maximum displayed value of the vertical axis increasing as the user performs the pinch gesture to zoom out the vertical axis; col. 11 [line 40] – col. 12 [line 44], a user may perform a pinch gesture to zoom out the horizontal axis of a column chart. FIGS. 4A-B illustrate a GUI 440 displayed on a touch screen 412 at various points during the performance of a pinch gesture 443 to zoom out the horizontal axis 442 of a column chart, according to an embodiment of the invention; in FIG. 4A, the GUI 440 displayed on the touch screen 412 includes a column chart displayed in a first display state for comparing values across year-based categories; in FIG. 4B, the GUI 440 has transitioned to a second display state in response to a pinch gesture 443 to zoom out the horizontal axis 442)
Regarding claim 13, the claim contains substantially similar limitations to those found in claim 4. Consequently, the claim is rejected for the same reasons.
Regarding claim 5, Mullany in view of Bestdirecttrading teaches all the limitations of claim 1, further comprising:
wherein the transformation comprises scaling (Mullany Figs. 1-30; col. 8 [line 61], a user may perform a pinch gesture to zoom out the vertical axis of a column chart; FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture to zoom out of a chart; col. 9 [line 3-35], in FIG. 2A, the GUI 240 displayed on the touch screen 212 includes a column chart displayed in a first display state for comparing values across year-based categories; col. 9 [line 36], in FIG. 2B, the GUI 240 has transitioned to a second display state in response to the pinch gesture 243 to zoom out the vertical axis 241; in the second display state, the current maximum value and the current maximum displayed value of the vertical axis 241 has increased from 100 to 200 and the columns are drawn smaller (i.e., at least shorter in height) in accordance with the user's request to zoom out the vertical axis 241; col. 9 [line 49], the transition between the first display state and the second display state is animated such that the user can view the columns becoming smaller and the current maximum displayed value of the vertical axis increasing as the user performs the pinch gesture to zoom out the vertical axis; col. 10 [line 37], a user may perform a spread gesture to zoom in the vertical axis of a column chart; FIGS. 3A-B illustrate a GUI 340 displayed on a touch screen 312 at various points during the performance of a spread gesture to zoom; the user may zoom in the vertical axis of the chart to decrease the range of values represented by the vertical axis and to enlarge the display size of the columns of the chart; col. 10 [line 55], in FIG. 3B, the GUI 340 has transitioned to a second display state in response to the spread gesture 343 to zoom in the vertical axis 341; col. 11 [line 40] – col. 12 [line 44], a user may perform a pinch gesture to zoom out the horizontal axis of a column chart. FIGS. 4A-B illustrate a GUI 440 displayed on a touch screen 412 at various points during the performance of a pinch gesture 443 to zoom out the horizontal axis 442 of a column chart, according to an embodiment of the invention; in FIG. 4A, the GUI 440 displayed on the touch screen 412 includes a column chart displayed in a first display state for comparing values across year-based categories; in FIG. 4B, the GUI 440 has transitioned to a second display state in response to a pinch gesture 443 to zoom out the horizontal axis 442; col. 12 [line 46] – col. 13 [line 9], a user may perform a spread gesture to zoom in the horizontal axis of a column chart; FIGS. 5A-B illustrate a GUI 540 displayed on a touch screen 512 at various points during the performance of a spread gesture 543 to zoom in the horizontal axis 542 of a column chart)
Regarding claim 14, the claim contains substantially similar limitations to those found in claim 5. Consequently, the claim is rejected for the same reasons.
Regarding claim 8, Mullany in view of Bestdirecttrading teaches all the limitations of claim 1. Bestdirecttrading further teaches:
wherein the graphical user interface is a binary options trading interface that further displays strike levels, best bid and best offer indicators, and open position information, and wherein the graphical image includes a price graph aligned with the strike levels (Bestdirecttrading p. 2 (00:00), in this video we will discuss how to trade the NADEX binary options from the chart; p. 3 (00:39), this will open up the chart; first I will go over what each of the fields means on this chart; then I will show you how to place a trade; p. 7 (02:27), along the right the right are the different strikes for the e-mini S&P 500 for the binaries; p. 8 (02:33), if you'd like to see more you can simply left click on the price pane and drag your mouse up or down to show more; see pp. 9-18 (02:37-02:42), as the user scales the chart up and down, a second graphical image with strike lines is generated and displayed; p. 22 (03:25), if we change it to the 1400 you will see over on the chart the 1400 strike becomes bold; this will tell you which binary option you are trading; p. 23 (03:36), if we change it back to the 1394 we will see that become bold; p. 24 (04:06), we have the current bid and ask for the selected binary option that we have from this drop-down; as shown, headline bid and offer prices are displayed adjacent to each strike line; p. 25 (04:12), To the right of that we have the market adjustment. What this is is the market orders are really synthetic market orders in reality they are limit orders where the limit price is through the best bid or offer by some number of dollars; p. 26 (05:27), Underneath the market adjustment we have the order buttons. We have buy market and sell market, which will place a limit order based off of this market adjustment factor above. Or you can click on the buy ask, sell ask, buy bid, sell bid, based off of the current price; p. 27 (07:32), Now that we're filled in the market you'll see that I have a long one position and we'll see it over on the chart as well)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated wherein the graphical user interface is a binary options trading interface that further displays strike levels, best bid and best offer indicators, and open position information, and wherein the graphical image includes a price graph aligned with the strike levels as suggested in Bestdirecttrading into Mullany. Doing so would be desirable because the systems of Bestdirecttrading and Mullany both endeavor to enhance user interactions with graphical images and improve user access to important information. Bestdirecttrading provides a simple, powerful, and flexible graphical image manipulation GUI for users to trade while viewing a desired graphical image (see Bestdirecttrading (03:03)). The system of Bestdirecttrading provides an easy to understand graphical image that enables desired manipulations to view desired information (see Bestdirecttrading see pp. 2-34), thereby better allowing the user to make informed trading decisions based the user’s preferred view of the data.
Regarding claim 17, the claim contains substantially similar limitations to those found in claim 8. Consequently, the claim is rejected for the same reasons.
Claims 6, 7, 15, and 16 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mullany in view of Bestdirecttrading in further view of Yonts (US 6590577 B1, published 07/08/2003).
Regarding claim 6, Mullany in view of Bestdirecttrading teaches all the limitations of claim 1, further comprising:
wherein generating the updated graphical image comprises: identifying at least two first data points on the graphical image; retrieving at least two second data points that correspond to the requested transformation; and generating the updated graphical image from the at least two second data points Mullany Figs. 1-30; col. 8 [line 61], a user may perform a pinch gesture to zoom out the vertical axis of a column chart; FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture to zoom out of a chart; col. 9 [line 3-35], in FIG. 2A, the GUI 240 displayed on the touch screen 212 includes a column chart displayed in a first display state for comparing values across year-based categories; col. 9 [line 36], in FIG. 2B, the GUI 240 has transitioned to a second display state in response to the pinch gesture 243 to zoom out the vertical axis 241; in the second display state, the current maximum value and the current maximum displayed value of the vertical axis 241 has increased from 100 to 200 and the columns are drawn smaller (i.e., at least shorter in height) in accordance with the user's request to zoom out the vertical axis 241; col. 9 [line 49], the transition between the first display state and the second display state is animated such that the user can view the columns becoming smaller and the current maximum displayed value of the vertical axis increasing as the user performs the pinch gesture to zoom out the vertical axis; col. 10 [line 37], a user may perform a spread gesture to zoom in the vertical axis of a column chart; FIGS. 3A-B illustrate a GUI 340 displayed on a touch screen 312 at various points during the performance of a spread gesture to zoom; the user may zoom in the vertical axis of the chart to decrease the range of values represented by the vertical axis and to enlarge the display size of the columns of the chart; col. 10 [line 55], in FIG. 3B, the GUI 340 has transitioned to a second display state in response to the spread gesture 343 to zoom in the vertical axis 341; col. 11 [line 40] – col. 12 [line 44], a user may perform a pinch gesture to zoom out the horizontal axis of a column chart; FIGS. 4A-B illustrate a GUI 440 displayed on a touch screen 412 at various points during the performance of a pinch gesture 443 to zoom out the horizontal axis 442 of a column chart, according to an embodiment of the invention; in FIG. 4A, the GUI 440 displayed on the touch screen 412 includes a column chart displayed in a first display state for comparing values across year-based categories; in FIG. 4B, the GUI 440 has transitioned to a second display state in response to a pinch gesture 443 to zoom out the horizontal axis 442; col. 12 [line 46] – col. 13 [line 9], a user may perform a spread gesture to zoom in the horizontal axis of a column chart; FIGS. 5A-B illustrate a GUI 540 displayed on a touch screen 512 at various points during the performance of a spread gesture 543 to zoom in the horizontal axis 542 of a column chart)
However, Mullany in further view of Bestdirecttrading fails to expressly disclose identifying at least two first data points on the graphical image; interpolating the at least two first data points; retrieving at least two second data points that correspond to the requested transformation; and generating the updated graphical image from the at least two second data points. In the same field of endeavor, Yonts teaches:
identifying at least two first data points on the graphical image; interpolating the at least two first data points; retrieving at least two second data points that correspond to the requested transformation; and generating the updated graphical image from the at least two second data points (Yonts Figs. 1-4; col. 2 [line 64] – col. 3 [line 15], with reference to FIG. 2, a general algorithm initiates with a determination of a number of intermediate points that are to be used in generating the dynamic charts (step 200); the process then continues with a selection of a desired interpolation algorithm for interpolating between points (step 202); col. 3 [line 16], intermediate charts are generated (step 208); the dynamic display then occurs (step 210) by displaying the intermediate charts successively from the beginning chart through to the ending chart (displaying the first graphical image to replace the graphical image on the graphical user interface and generating an updated graphical image to replace the first graphical image); data is retrieved from memory for the ending static chart (two second data points corresponding to the requested transformation); col. 4 [line 21], an example with four intermediate steps between a beginning and ending static chart, FIG. 3a illustrates an initial static chart where two categories, `X` and `Y`, are plotted, while FIG. 3e illustrates a final static chart for categories `X` and `Y`; when the charts of FIGS. 3a-3e are displayed, one overlaying the previous, an animated view is created in which the value of `Y` grows from 20 to 40 (data points ‘X’, ‘Y’ on the x-axis their data point values on the y-axis, and the month are identified and interpolated to generate an intermediate image which is later replaced by actual values for the data points));
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated identifying at least two first data points on the graphical image; interpolating the at least two first data points; retrieving at least two second data points that correspond to the requested transformation; and generating the updated graphical image from the at least two second data points as suggested in Yonts into Mullany in view of Bestdirecttrading. Doing so would be desirable because a need exists for controlling how the chart data is viewed for assisting in interpreting trends during chart analysis (see Yonts col. 1 [line 44]). The present invention provides a beneficial, meaningful way to adjust the display of data variations among related, static charts to achieve more flexibility during displayed data transitioning. Through progressive displaying of intermediate charts, the impression of continuity and an intuitive understanding of chart relationships are given. Discrete steps in data collection are visualized in a chosen direction and with a chosen delay between displays to increase user control over the display. These and other advantages of the aspects of the present invention will be more fully understood in conjunction with the following detailed description and accompanying drawings (see Yonts col. 1 [line 60]). Using interpolation to display intermediate images avoids flicker/visual distraction (see Yonts col. 3 [line 16]) and makes the displays smooth (see Yonts col. 3 [line 38]). Thus, in the present invention, the ability to control dynamic displays of static chart data is achieved. Through this control, greater convenience results as users are able to adjust the dynamic display as desired. Further, analysis of trends is improved by allowing more distinct viewing of multiple chart data in the single dynamic display (see Yonts col. 6 [line 36]).
Regarding claim 15, the claim contains substantially similar limitations to those found in claim 6. Consequently, the claim is rejected for the same reasons.
Regarding claim 7, Mullany in view of Bestdirecttrading in further view of Yonts teaches all the limitations of claim 6, further comprising:
wherein receiving the user-input comprises: detecting finger pressure at a location on the touch-sensitive display corresponding to a position on the graphical image; and retrieving the at least two first data points within an area of the position defined in advance of receiving the user-input for the transformation, wherein at least a portion of the at least two first data points within the area of the position are used to generate the updated graphical image (Mullany Figs. 1-30; col. 8 [line 61], a user may perform a pinch gesture to zoom out the vertical axis of a column chart; FIGS. 2A-B illustrate a GUI 240 displayed on a touch screen 212 at various points during the performance of a pinch gesture 243 to zoom out the vertical axis 241 of a column chart; the user may zoom out the vertical axis of the chart to increase the range of values represented by the vertical axis and reduce the display size of the columns of the chart; col. 9 [line 3-35], in FIG. 2A, the GUI 240 displayed on the touch screen 212 includes a column chart displayed in a first display state for comparing values across year-based categories; col. 9 [line 36], In FIG. 2B, the GUI 240 has transitioned to a second display state in response to the pinch gesture 243 to zoom out the vertical axis 241; in the second display state, the current maximum value and the current maximum displayed value of the vertical axis 241 has increased from 100 to 200 and the columns are drawn smaller; col. 10 [line 37], a user may perform a spread gesture to zoom in the vertical axis of a column chart; FIGS. 3A-B illustrate a GUI 340 displayed on a touch screen 312 at various points during the performance of a spread gesture to zoom; the user may zoom in the vertical axis of the chart to decrease the range of values represented by the vertical axis and to enlarge the display size of the columns of the chart; col. 10 [line 55], in the second display state, the current maximum value and the current maximum displayed value of the vertical axis 341 has decreased from 200 to 100 and the columns are drawn larger; col. 11 [line 40] – col. 12 [line 44], a user may perform a pinch gesture to zoom out the horizontal axis of a column chart. FIGS. 4A-B illustrate a GUI 440 displayed on a touch screen 412 at various points during the performance of a pinch gesture 443 to zoom out the horizontal axis 442 of a column chart, according to an embodiment of the invention; in FIG. 4A, the GUI 440 displayed on the touch screen 412 includes a column chart displayed in a first display state for comparing values across year-based categories; in FIG. 4B, the GUI 440 has transitioned to a second display state in response to a pinch gesture 443 to zoom out the horizontal axis 442; col. 12 [line 46] – col. 13 [line 9], a user may perform a spread gesture to zoom in the horizontal axis of a column chart; FIGS. 5A-B illustrate a GUI 540 displayed on a touch screen 512 at various points during the performance of a spread gesture 543 to zoom in the horizontal axis 542 of a column chart; col. 13 [line 50], a user may perform a drag, swipe, or flick gesture to pan across the horizontal axis of a column chart. FIGS. 6A-B illustrate a GUI 640 displayed on a touch screen 612 at various points during the performance of a drag, swipe, or flick gesture 643 to pan across the horizontal axis 642 of a column chart; col. 13 [line 64], in FIG. 6A, the GUI 640 displayed on the touch screen 612 includes a column chart; col. 14 [line 6], in FIG. 6B, the GUI 640 has transitioned to a second display state in response to a swipe, drag, or flick gesture 643 to pan across the horizontal axis 642; col. 14 [line 31], if the direction of the drag, swipe, or flick gesture is generally right to left, the leftmost viewable category appears to move off the left edge of the GUI, the next leftmost viewable category appears to shift left to replace the leftmost viewable category that is now no longer viewable; the rightmost viewable category appears to shift left to take the space along the horizontal axis previously occupied by the next rightmost viewable category, and the space along the horizontal axis previously occupied by the rightmost viewable category is replaced by the previously unviewable category; col. 14 [line 49], if the direction of the drag, swipe, or flick gesture is generally left to right, the rightmost viewable category appears to move off the right edge of the GUI, the next rightmost viewable category appears to shift right to replace the rightmost viewable category that is now no longer viewable, and so on up to the leftmost viewable category; the leftmost viewable category appears to shift right to take the space along the horizontal axis previously occupied by the next leftmost viewable category, and the space along the horizontal axis previously occupied by the leftmost viewable category is replaced by the previously unviewable category)
Regarding claim 16, the claim contains substantially similar limitations to those found in claim 7. Consequently, the claim is rejected for the same reasons.
Claim 9 and 18 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mullany in view of Bestdirecttrading in further view of Rosenthal et al. (US 20110251942 A1, published 10/13/2011), hereinafter Rosenthal.
Regarding claim 9, Mullany in view of Bestdirecttrading teaches all the limitations of claim 1, further comprising:
centering, in response to a predefined gesture (Mullany Figs. 1-30; col. 13 [line 50], a user may perform a drag, swipe, or flick gesture to pan across the horizontal axis of a column chart. FIGS. 6A-B illustrate a GUI 640 displayed on a touch screen 612 at various points during the performance of a drag, swipe, or flick gesture 643 to pan across the horizontal axis 642 of a column chart; col. 13 [line 64], in FIG. 6A, the GUI 640 displayed on the touch screen 612 includes a column chart; col. 14 [line 6], in FIG. 6B, the GUI 640 has transitioned to a second display state in response to a swipe, drag, or flick gesture 643 to pan across the horizontal axis 642; col. 14 [line 31], if the direction of the drag, swipe, or flick gesture is generally right to left, the leftmost viewable category appears to move off the left edge of the GUI, the next leftmost viewable category appears to shift left to replace the leftmost viewable category that is now no longer viewable; the rightmost viewable category appears to shift left to take the space along the horizontal axis previously occupied by the next rightmost viewable category, and the space along the horizontal axis previously occupied by the rightmost viewable category is replaced by the previously unviewable category; col. 14 [line 49], if the direction of the drag, swipe, or flick gesture is generally left to right, the rightmost viewable category appears to move off the right edge of the GUI, the next rightmost viewable category appears to shift right to replace the rightmost viewable category that is now no longer viewable, and so on up to the leftmost viewable category; the leftmost viewable category appears to shift right to take the space along the horizontal axis previously occupied by the next leftmost viewable category, and the space along the horizontal axis previously occupied by the leftmost viewable category is replaced by the previously unviewable category; col. 14 [line 66], the transition between the first display state and the second display state is animated such that the user can view chart categories and corresponding chart value shifting along the horizontal axis as the user performs the drag, swipe, or flick gesture operation to pan across the horizontal axis)
Bestdirecttrading further teaches:
automatically centering the price graph within a vertical axis of the graphical user interface, in response to a predefined user gesture (Bestdirecttrading p. 8 (02:33), if you'd like to see more you can simply left click on the price pane and drag your mouse up or down to show more; pp. 9-18 (02:37-02:42), as the user scales the chart up and down, the price graphs is vertically centered within the GUI)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated centering the price graph within a vertical axis of the graphical user interface, in response to a user gesture as suggested in Bestdirecttrading into Mullany. Doing so would be desirable because the systems of Bestdirecttrading and Mullany both endeavor to enhance user interactions with graphical images and improve user access to important information. Bestdirecttrading provides a simple, powerful, and flexible graphical image manipulation GUI for users to trade while viewing a desired graphical image (see Bestdirecttrading (03:03)). The system of Bestdirecttrading provides an easy to understand graphical image that enables desired manipulations to view desired information (see Bestdirecttrading see pp. 2-34), thereby better allowing the user to make informed trading decisions based the user’s preferred view of the data.
However, Mullany in further view of Bestdirecttrading fails to expressly disclose automatically centering within a vertical axis of the graphical user interface based on a current value of the financial index, in response to a predefined user gesture. In the same field of endeavor, Rosenthal teaches:
automatically centering within a vertical axis of the graphical user interface based on a current value of the financial index, in response to a predefined user gesture (Rosenthal Figs. 1-4; [0092], the trading application 30 is used to trade electronic options; [0163], the ABV window 66 displays a buy column 67, a bid column 69, a dynamic price column 68, an ask column 71, a sell column 73, a quantity column 75, a re-center button; [0355], the plural order entry modes include a first order entry mode. In the first order entry mode, when a mouse cursor is outside the dynamic price column 68, the dynamic price column 68, will automatically and dynamically re-center to a current market trading price centered in the dynamic price column 68; [0356], If, at any time, the mouse cursor is moved out of the dynamic price column 68, the order entry mode is completed and the ABV window 66 will automatically dynamically and quickly re-center the dynamic price column 68 on the last traded price the next time the market price changes; see [0228], Exchange Traded Funds (ETF) trading; [0230], Most ETFs track an index);
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have incorporated identifying automatically centering within a vertical axis of the graphical user interface based on a current value of the financial index, in response to a predefined user gesture as suggested in Rosenthal into Mullany in view of Bestdirecttrading. Doing so would be desirable because this invention relates to providing electronic information via a graphical user interface over a computer network. More specifically, it relates to a method and system for electronic trading on a trading interface with a dynamic price (see Rosenthal [0002]). The trading of stocks, bonds and other financial instruments over computer networks such as the Internet has become a very common activity (see Rosenthal [0003]). Trading of stocks, bonds, etc. typically requires multiple types of associated electronic information. For example, to trade stocks electronically an electronic trader typically would like to know an asking price for a stock, a current bid price for a stock, a bid quantity, an asking quantity, current information about the company the trader is trading such as profit/loss information, a current corporate forecast, current corporate earnings, etc (see Rosenthal [0004]). For an electronic trader to be successful, the multiple types of associated electronic information has to be supplied in real-time to allow the electronic trader to make the appropriate decisions (see Rosenthal [0005]). There are however a number of problems with displaying information necessary for electronic trading (see Rosenthal [0006]). Another problem is that some current GUIs do not allow a user to subscribe to and receive real-time market data (see Rosenthal [0007]). There have been attempts to solve some of the problems with GUIs used for electronic trading (see Rosenthal [0011]). No previous attempt solves all of the problems associated with GUIs used for trading electronic options. Thus, it is desirable to solve some of the problems associated with problems associated with GUIs that provide electronic information for electronic options trading systems (see Rosenthal [0025]).
Regarding claim 18, the claim contains substantially similar limitations to those found in claim 9. Consequently, the claim is rejected for the same reasons.
Response to Arguments
The Examiner acknowledges the Applicant’s amendments to claim 1 and the addition of claims 2-19. Regarding independent claim 1, the Applicant alleges that Mullany as described in the previous Office action, does not explicitly teach amended claim 1. Examiner has therefore rejected independent claim 1 under 35 U.S.C § 103(a) as unpatentable over Mullany in view of Bestdirecttrading.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wasendorf (US 20060271467 A1) see Figs. 1-6 and [0032-0034].
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 JOHN T REPSHER III whose telephone number is (571)272-7487. The examiner can normally be reached Monday - Friday, 8AM-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Welch can be reached at (571) 272-7212. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN T REPSHER III/ Primary Examiner, Art Unit 2143
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