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 .
Information Disclosure Statement
The information disclosure statement submitted on 01/26/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
The Amendment filed on 01/26/2026 has been entered. Claims 1-49 are canceled. Claims 50-73 are added. Claims 50-73 remain pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 50, 52-56, 58-59, 61-65, 67-68 and 70-73 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 50, 59 and 68 recite the limitation "the graphic chart legend or axis-label". There is insufficient antecedent basis for this limitation in the claims.
Claims 52, 61 and 70 recite the limitation "the illustrative graphic chart axis" and “the controls”. There is insufficient antecedent basis for these limitations in the claims.
Claims 53, 62 and 71 recite the limitation "the illustrative graphic chart axis". There is insufficient antecedent basis for this limitation in the claims.
Claims 58 and 67 recite the limitation "the graphic chart legend or graphic chart axis-label". There is insufficient antecedent basis for this limitation in the claims.
Claims 54-56, 63-65 and 72-73 recite the limitation "the input control". There is insufficient antecedent basis for this limitation in the claims.
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.
Claims 50-54, 59-63 and 68-72 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maguire et al. (hereinafter Maguire), US 6529217 B1.
Regarding independent claim 50, Maguire teaches a method for populating spreadsheet graphic chart data from selected spreadsheet cells directly onto an illustrative example graphic chart to create a user graphic chart (Col 1, lines 56-67 The invention is a system and a method for graphically displaying data by creating a graph with the use of a graphical user interface (GUI) containing icons representing data fields, drop areas displayed on the surface of a graph template, and enhanced user feedback. The invention allows a user to drag and drop data fields within a graph template containing several drop areas. A user may drag icons indicating various fields, or categories of data, directly onto these drop areas. As data fields are dropped on the various drop areas, the data is automatically charted on the graphical display), including:
receiving user input selecting a graphic chart type and responsively causing display of the illustrative example graphic chart, comprising visual example elements of the selected graphic chart type, including an example graphic chart body with actual results of example data arranged according to the selected graphic chart type (Col 7, lines 45-67 and Col 8, lines 1-5 FIGS. 4A, 4B, and 4C display varying placements of the drop areas according to the style of graph template 300 selected. In FIG. 4A, the drop area layout for a column graph template 300 is displayed. When creating a column chart, the series drop area 302 is positioned to the right of the data drop area 314, while the category drop area 306 and the page drop area 310 are positioned below and above the data drop area respectively. In an exemplary embodiment, the column chart layout comprises the default graph template 300. However, a user may elect to create a different type of graph. In this case, the layout of the graph template 300 depends on what type of alternate graph is chosen. FIG. 4B displays a layout of the graph template 300 for a bar chart. When creating a bar chart, the series drop area 302 is again located to the right of the data drop area 314. Similarly, the page drop area 310 is again located above the data drop area 314. However, unlike the layout of the graph template 300 when creating a column chart, the category drop area 306 is located to the left of the data drop area 314 rather than beneath it. Finally, a user may opt to create a pie chart. FIG. 4C displays the layout of the graph template 300 in this event. Here not only are the layouts of the drop areas changed, but the shape of several of the drop areas vary as well. The data drop area is circular, rather than rectangular. This reflects the fact that a pie chart, unlike a column chart or a bar chart, is round. Examiner’s note: Examiner interprets the data drop area 314 as the claimed an example graphic chart body), further comprising input controls on the example graphic chart body and on or proximate to the example graphic chart body for at least one of an illustrative graphic chart legend and an illustrative graphic chart axis-label (Col 6, lines 33-53 Turning flow to FIG. 3A, a sample graph template 300 may be seen. The Product Family and Product Department icons 322 have been dropped in the category drop area 306. As a result, the data points 204 corresponding to these data fields 202 are displayed along the x-axis. Similarly, the Stores Sales data fields 202 has been dropped in the data drop area 314, resulting in the data points 204 comprising the Store Sales data field being graphically displayed in the data drop area 314. It may further be seen that the Time data field 202 has been dropped in the series drop area 302. The placement of the Time data field 202 in the series drop area 302 subdivides the data points 204 comprising the Store Sales data field graphically displayed in the data drop area. The series display 330 shows all possible values for the data field placed in the series drop area. In the instant example, data points 204 comprising the Time data field 202 may have one or two values: 1998 or 1997. In an exemplary embodiment, the series display 330 may also indicate a color for each type of data point 204 graphed in the data drop area 314. These colors indicate which series of data points is shown in the data drop area. Examiner’s note: Examiner interprets the category drop area 306 for dropping the Product Family and Product Department icons 322, the Stores Sales data fields 202 has been dropped in the data drop area 314 for dropping the Stores Sales data fields 202 and the series drop area 302 for Time data field 202 as the claimed input controls for at least one of an illustrative graphic chart legend and an illustrative graphic chart axis-label);
receiving further user input selecting first data cells in a spreadsheet with which to populate the graphic chart body and replacing the example graphic chart body and example data with actual results of data from the first data cells (Col 5, lines 57-67 and Col 6, lines 1-26 Dropping an icon 322 in the category drop area 306 of the graph template 300 of an exemplary embodiment places the data field 202 along the x-axis of the graph template. For example, placing the icon 322 corresponding to the Product Department data field 202 displayed in column A of FIG. 2 in the category drop area 306 of the graph template 300 would result in graphically displaying every data point 204 contained in column A along the x-axis of the graph template. Dropping an icon 322 in the page drop area 310 allows a user of an exemplary embodiment to filter data shown on the graph template 300 by the data field 202 corresponding to the icon placed in the page drop area. A user of an exemplary embodiment may then filter the data displayed on a fully completed graph by selecting entries corresponding to the data points 204 of the data field 202 present in the page drop area. Turning briefly back to FIG. 2, an example will be provided. FIG. 2 displays a data field 202 in column D labeled "Time." Presuming that the Time data field has two possible entries, 1997 and 1998, a user of an exemplary embodiment may desire to see only the sales information corresponding to a particular year. If a user desires to filter data in this manner, the user may drop the icon 322 corresponding to the Time data field 202 in the page drop area 310. A user may then be presented with the option to view a data graph on a graph template 300 corresponding only to 1997 sales, 1998 sales, or to the sales from both years. Essentially, this creates separate "pages" on the graph template 300, each with a different set of data corresponding to the selected entry of the data field 202 and the page drop area 310. Icons 322 placed in the data drop area 314 will be graphically displayed in the data portion of a completed graph 500. The data drop area 314 serves to receive icons 322 corresponding to data fields 202 that a user of an exemplary embodiment desires to graphically display. An exemplary graph will be discussed with respect to FIG. 5; Col 8, lines 33-42 FIG. 5 displays an exemplary graph window 500 containing an exemplary completed graph based on the data fields 202 shown in FIG. 2, and displayed on the graph template discussed with respect to FIG. 3. The graph template displayed in the exemplary graph window 500 is a column graph); and
receiving further user input selecting second data cells in the spreadsheet or user entered values to populate the graphic chart legend or axis-label and replacing the illustrative graphic chart legend or illustrative graphic chart axis-label with data from the second data cells (Col 6, lines 33-53 Turning flow to FIG. 3A, a sample graph template 300 may be seen. The Product Family and Product Department icons 322 have been dropped in the category drop area 306. As a result, the data points 204 corresponding to these data fields 202 are displayed along the x-axis. Similarly, the Stores Sales data fields 202 has been dropped in the data drop area 314, resulting in the data points 204 comprising the Store Sales data field being graphically displayed in the data drop area 314. It may further be seen that the Time data field 202 has been dropped in the series drop area 302. The placement of the Time data field 202 in the series drop area 302 subdivides the data points 204 comprising the Store Sales data field graphically displayed in the data drop area. The series display 330 shows all possible values for the data field placed in the series drop area. In the instant example, data points 204 comprising the Time data field 202 may have one or two values: 1998 or 1997. In an exemplary embodiment, the series display 330 may also indicate a color for each type of data point 204 graphed in the data drop area 314. These colors indicate which series of data points is shown in the data drop area).
Regarding dependent claim 51, Maguire teaches all the limitations as set forth in the rejection of claim 50 that is incorporated. Maguire further teaches wherein the selected graphic chart type visually represents data with symbols, diagrams or images to show data relationships, trends or compositions in an organized way with a graphic chart body that is a central area where the data is visualized using graphic chart elements comprising columns, bars, lines, points, or slices (Col 7, lines 47-48 In FIG. 4A, the drop area layout for a column column graph template 300 is displayed; Col 7, lines 57-58 FIG. 4B displays a layout of the graph template 300 for a bar char; Col7, lines 66-67 and Col 8, lines 1-5 Finally, a user may opt to create a pie chart. FIG. 4C displays the layout of the graph template 300 in this event. Here not only are the layouts of the drop areas changed, but the shape of several of the drop areas vary as well. The data drop area is circular, rather than rectangular. This reflects the fact that a pie chart, unlike a column chart or a bar chart, is round).
Regarding dependent claim 52, Maguire teaches all the limitations as set forth in the rejection of claim 50 that is incorporated. Maguire further teaches further including receiving a user selection of a combined input option, and receiving user further input selecting a contiguous or non-contiguous block of cells as input to the controls for the example graphic chart body and for the at least one of the illustrative graphic chart legend and the illustrative graphic chart axis (Col 4, lines 66-67 and Col 5, lines 1-13 FIG. 2 depicts a portion of a typical spreadsheet. The spreadsheet window 200 contains multiple data points 204. These data points 204 are organized into data fields 202, such as the "Time" data field, which occupies column D of the spreadsheet window 200. A user of an exemplary embodiment may select the range of data fields 202 that he desires to graphically display. Typically, this is done by highlighting or otherwise selecting the data fields 202 through the use of an input device such as a mouse 42. Once a range of data fields 202 are selected for graphical display, an exemplary embodiment can display a graph template. Turning now to FIG. 3, an example of a graph template 300 is shown. The graph template 300 contains a series drop area 302, a category drop area 306, a page drop area 310, a data drop area 314, and a field list 320; Col 6, lines 33-53 Turning flow to FIG. 3A, a sample graph template 300 may be seen. The Product Family and Product Department icons 322 have been dropped in the category drop area 306. As a result, the data points 204 corresponding to these data fields 202 are displayed along the x-axis. Similarly, the Stores Sales data fields 202 has been dropped in the data drop area 314, resulting in the data points 204 comprising the Store Sales data field being graphically displayed in the data drop area 314. It may further be seen that the Time data field 202 has been dropped in the series drop area 302. The placement of the Time data field 202 in the series drop area 302 subdivides the data points 204 comprising the Store Sales data field graphically displayed in the data drop area. The series display 330 shows all possible values for the data field placed in the series drop area. In the instant example, data points 204 comprising the Time data field 202 may have one or two values: 1998 or 1997. In an exemplary embodiment, the series display 330 may also indicate a color for each type of data point 204 graphed in the data drop area 314. These colors indicate which series of data points is shown in the data drop area).
Regarding dependent claim 53, Maguire teaches all the limitations as set forth in the rejection of claim 50 that is incorporated. Maguire further teaches receiving the further user input selecting second data cells in the spreadsheet or user entered values to populate both the illustrative graphic chart legend and the illustrative graphic chart axis (Col 6, lines 33-53 Turning flow to FIG. 3A, a sample graph template 300 may be seen. The Product Family and Product Department icons 322 have been dropped in the category drop area 306. As a result, the data points 204 corresponding to these data fields 202 are displayed along the x-axis. Similarly, the Stores Sales data fields 202 has been dropped in the data drop area 314, resulting in the data points 204 comprising the Store Sales data field being graphically displayed in the data drop area 314. It may further be seen that the Time data field 202 has been dropped in the series drop area 302. The placement of the Time data field 202 in the series drop area 302 subdivides the data points 204 comprising the Store Sales data field graphically displayed in the data drop area. The series display 330 shows all possible values for the data field placed in the series drop area. In the instant example, data points 204 comprising the Time data field 202 may have one or two values: 1998 or 1997. In an exemplary embodiment, the series display 330 may also indicate a color for each type of data point 204 graphed in the data drop area 314. These colors indicate which series of data points is shown in the data drop area).
Regarding dependent claim 54, Maguire teaches all the limitations as set forth in the rejection of claim 50 that is incorporated. Maguire further teaches further including receiving user input dragging and dropping the selected first data cells onto the input control on the example graphic chart body (Col 4, lines 66-67 and Col 5, lines 1-13 FIG. 2 depicts a portion of a typical spreadsheet. The spreadsheet window 200 contains multiple data points 204. These data points 204 are organized into data fields 202, such as the "Time" data field, which occupies column D of the spreadsheet window 200. A user of an exemplary embodiment may select the range of data fields 202 that he desires to graphically display. Typically, this is done by highlighting or otherwise selecting the data fields 202 through the use of an input device such as a mouse 42. Once a range of data fields 202 are selected for graphical display, an exemplary embodiment can display a graph template. Turning now to FIG. 3, an example of a graph template 300 is shown. The graph template 300 contains a series drop area 302, a category drop area 306, a page drop area 310, a data drop area 314, and a field list 320; Col 6, lines 33-53 Turning flow to FIG. 3A, a sample graph template 300 may be seen. The Product Family and Product Department icons 322 have been dropped in the category drop area 306. As a result, the data points 204 corresponding to these data fields 202 are displayed along the x-axis. Similarly, the Stores Sales data fields 202 has been dropped in the data drop area 314, resulting in the data points 204 comprising the Store Sales data field being graphically displayed in the data drop area 314. It may further be seen that the Time data field 202 has been dropped in the series drop area 302. The placement of the Time data field 202 in the series drop area 302 subdivides the data points 204 comprising the Store Sales data field graphically displayed in the data drop area. The series display 330 shows all possible values for the data field placed in the series drop area. In the instant example, data points 204 comprising the Time data field 202 may have one or two values: 1998 or 1997. In an exemplary embodiment, the series display 330 may also indicate a color for each type of data point 204 graphed in the data drop area 314. These colors indicate which series of data points is shown in the data drop area).
Regarding independent claim 59, it is a medium claim that corresponding to the method of claim 50. Therefore, it is rejected for the same reason as claim 50 above. Maguire further teaches a non-transitory computer readable medium including program instructions that, when executed on hardware resources, cause the hardware resources to implement a method of claim 50 (Fig. 1; Col 3, lines 55-67 and Col 4, lines 1-13).
Regarding dependent claim 60, it is a medium claim that corresponding to the method of claim 51. Therefore, it is rejected for the same reason as claim 51 above.
Regarding dependent claim 61, it is a medium claim that corresponding to the method of claim 52. Therefore, it is rejected for the same reason as claim 52 above.
Regarding dependent claim 62, it is a medium claim that corresponding to the method of claim 53. Therefore, it is rejected for the same reason as claim 53 above.
Regarding dependent claim 63, it is a medium claim that corresponding to the method of claim 54. Therefore, it is rejected for the same reason as claim 54 above.
Regarding independent claim 68, it is a system claim that corresponding to the method of claim 50. Therefore, it is rejected for the same reason as claim 50 above. Maguire further teaches a system including processing hardware coupled to memory, the memory impressed with computer instructions that, when executed, cause the hardware to carry out the method of claim 50 (Fig. 1; Col 3, lines 55-67 and Col 4, lines 1-13).
Regarding dependent claim 69, it is a system claim that corresponding to the method of claim 51. Therefore, it is rejected for the same reason as claim 51 above.
Regarding dependent claim 70, it is a system claim that corresponding to the method of claim 52. Therefore, it is rejected for the same reason as claim 52 above.
Regarding dependent claim 71, it is a system claim that corresponding to the method of claim 53. Therefore, it is rejected for the same reason as claim 53 above.
Regarding dependent claim 72, it is a system claim that corresponding to the method of claim 54. Therefore, it is rejected for the same reason as claim 54 above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 55, 64 and 73 are rejected under 35 U.S.C. 103 as being unpatentable over Maguire as applied in claims 50, 59 and 68, in view of Alvarez et al. (hereinafter Alvarez), US 5535324 A.
Regarding dependent claim 55, Maguire teaches all the limitations as set forth in the rejection of claim 50 that is incorporated. Maguire does not explicitly disclose further including receiving user input copying and pasting by regular spreadsheet copy-paste the selected first data cells onto the input control on the example graphic chart body.
However, in the same field of endeavor, Alvarez teaches further including receiving user input copying and pasting by regular spreadsheet copy-paste the selected first data cells onto the input control on the example graphic chart body (Col 7, lines 48-59 The dialog menu as shown in FIG. 7 allows the user to provide the appropriate interpretation for the data to be added if needed. This dialog menu is one which is known in the art and has been used on a typical Edit or Paste routine in previous editions of Microsoft Excel software. Choices can be made on the dialog menu by moving the mouse 23 such that the cursor 27 is over a particular choice, and "clicking" the left mouse button 25 while over the item to be chosen. Referring to FIG. 7, New Points 51 allows for new points to be added while New Series 53 allows for a new series to be added to an existing bar chart).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of providing a dialog menu allowing user to provide the appropriate interpretation for the data to be added to a graph as suggested in Alvarez into Maguire’s system because both of these systems are addressing plotting tabular data to graph or chart. This modification would have been motivated by the desire to provide users user interfaces for effectively and efficiently selecting new data from cells displayed on a computer's display screen in tabular chart form, and graphically plotting the selected data onto a second existing chart (Alvarez, Col 3, lines 35-40).
Regarding dependent claim 64, it is a medium claim that corresponding to the method of claim 55. Therefore, it is rejected for the same reason as claim 55 above.
Regarding dependent claim 73, it is a system claim that corresponding to the method of claim 55. Therefore, it is rejected for the same reason as claim 55 above.
Claims 56-58 and 65-67 are rejected under 35 U.S.C. 103 as being unpatentable over Maguire as applied in claims 50 and 59, in view of Rampson et al. (hereinafter Rampson), US 20090235152 A1.
Regarding dependent claim 56, Maguire teaches all the limitations as set forth in the rejection of claim 50 that is incorporated. Maguire does not explicitly disclose
further including receiving user input selecting a selector button on the input control on the example graphic chart body that prompts for selection of the first data cells.
However, in the same field of endeavor, Rampson teaches further including receiving user input selecting a selector button on the input control on the example graphic chart body that prompts for selection of the first data cells ([0041] Block 410 generally represents activating a tool that enables a user to select a particular cell within the spreadsheet. More specifically, block 410 may include presenting one or more tools by which the user may link or associate properties with a contents of the particular cell. Examples of such tools may include any mechanisms by which the users may select particular cells, for example, by indicating rows and columns of such cells).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of dynamically linking properties within a chart to referenced cells as suggested in Rampson into Maguire’s system because both of these systems are addressing linking visual properties of charts to cells within tables. This modification would have been motivated by the desire to provide users user interfaces to adjust or customize the visualizations of complexity of relationships between any number of different numerical data items (Rampson, [0001]).
Regarding dependent claim 57, Maguire teaches all the limitations as set forth in the rejection of claim 50 that is incorporated. Maguire does not explicitly disclose further including: receiving a user input that selects the graphic chart body within the user graphic chart after the populating; and responsively causing updating of the display to automatically take the user to the first data cells the first data cells located in different spreadsheet tab than the user graphic chart.
However, in the same field of endeavor, Rampson teaches receiving a user input that selects the graphic chart body within the user graphic chart after the populating; and responsively causing updating of the display to automatically take the user to the first data cells the first data cells located in different spreadsheet tab than the user graphic chart ([0039] Block 406 generally represents enabling a user to select one or more visual properties of a chart to link to the cell within the spreadsheet. In some implementations, block 406 may include enabling the user to explicitly enter values into the cell, with these values influencing the visual properties. In other implementations, block 406 may include enabling the user to create a formula that calculates a visual property of the chart. As examples of these latter implementations, block 406 may include enabling the user to create a formula that calculates labels or lengths of axes dynamically based upon the data represented within the chart).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of dynamically linking properties within a chart to referenced cells as suggested in Rampson into Maguire’s system because both of these systems are addressing linking visual properties of charts to cells within tables. This modification would have been motivated by the desire to provide users user interfaces to adjust or customize the visualizations of complexity of relationships between any number of different numerical data items (Rampson, [0001]).
Regarding dependent claim 58, Maguire teaches all the limitations as set forth in the rejection of claim 50 that is incorporated. Maguire does not explicitly disclose further including displaying a picklist of values for the graphic chart legend or graphic chart axis-label, receiving a user deselection of one or more values from the picklist, replacing the graphic chart legend or graphic chart axis-label with the values from the picklist that are not deselected, and retaining the deselected values for reselection.
However, in the same field of endeavor, Rampson teaches further including displaying a picklist of values for the graphic chart legend or graphic chart axis-label, receiving a user deselection of one or more values from the picklist, replacing the graphic chart legend or graphic chart axis-label with the values from the picklist that are not deselected, and retaining the deselected values for reselection ([0026] The linked-to cells (e.g., 208 or 212) may also specify Boolean properties. For example, dialog boxes that contain checkboxes, or other similar UI tools may link to these cells. These dialog boxes may enable users to specify whether axes in charts employ logarithmic scales, and to specify the base for such logarithmic scales; [0027] Referenced cells (e.g., 208 or 212) may specify options for display units as presented on the axes of a chart. By default, these display units may include the actual quantities being represented in the chart).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of dialog boxes enabling users to specify whether axes in charts employ logarithmic scales, and to specify the base for such logarithmic scales as suggested in Rampson into Maguire’s system because both of these systems are addressing linking visual properties of charts to cells within tables. This modification would have been motivated by the desire to provide users user interfaces to adjust or customize the visualizations of complexity of relationships between any number of different numerical data items (Rampson, [0001]).
Regarding dependent claim 65, it is a medium claim that corresponding to the method of claim 56. Therefore, it is rejected for the same reason as claim 56 above.
Regarding dependent claim 66, it is a medium claim that corresponding to the method of claim 57. Therefore, it is rejected for the same reason as claim 57 above.
Regarding dependent claim 67, it is a medium claim that corresponding to the method of claim 58. Therefore, it is rejected for the same reason as claim 58 above.
Response to Arguments
Applicant’s prior art arguments with respect to the pending claims have been considered but they are moot in view of the new ground(s) of rejections presented above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is required under 37 C.F.R. § 1.111(c) to consider these references fully when responding to this action.
Chandrasekaran et al. (US 20150317297 A1) discloses a system and method for managing data and data models that include many different aspects.
It is noted that any citation to specific pages, columns, lines, or figures in the prior art references and any interpretation of the references should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. In re Heck, 699 F.2d 1331, 1332-33, 216 U.S.P.Q. 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 U.S.P.Q. 275, 277 (C.C.P.A. 1968)).
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 AMY P HOANG whose telephone number is (469)295-9134. The examiner can normally be reached M-TH 8:30-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/AMY P HOANG/ Examiner, Art Unit 2143
/JENNIFER N WELCH/ Supervisory Patent Examiner, Art Unit 2143