DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 11 and 12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 11 has been amended to recite that the upright arms of the slidable element include the top surfaces of the receiver. The slidable element (pressure insert 7) is a separate component from the receiver (receiver 8) and thus the upright arms (arms 53 and 54) of the slidable element cannot include the top surface of the receiver. Accordingly claim 11 contains new matter. Claim 12 also contains new matter because it depends from claim 11.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6, 8-13, 19, and 21 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 1 recites “a bottom opening communicating with the bottom surface of the base portion through the bottom opening” (see lines 3-5 of the paragraph beginning with “a receiver”). It is unclear how the bottom opening communicates through with the bottom surface through itself. Claims 2-6, 8-13, 19, and 21 are rejected because they depend from claim 1.
Claims 11 and 12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 11 recites that the upright arms of the slidable element include the top surfaces of the receiver. The slidable element (pressure insert 7) is a separate component from the receiver (receiver 8) and thus it is unclear how the upright arms (arms 53 and 54) of the slidable element include the top surface of the receiver. Claim 12 is rejected because it depends from claim 11.
Claims 14-18 and 20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 14 recites “a bottom opening communicating with the bottom surface of the base portion through the bottom opening” (see lines 4-7 of the paragraph beginning with “the receiver comprising”). It is unclear how the bottom opening communicates through with the bottom surface through itself. Claims 15-18 and 20 are rejected because they depend from claim 14.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 8-10, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Boschert (US 2005/0277928 A1) in view of Jackson et al. (US 2011/0098755 A1).
Claim 1. Boschert discloses a pivotal bone anchor assembly for securing an elongate rod to a bone of a patient, the pivotal bone anchor assembly comprising:
a shank (bone screw 20) having an upper capture portion (head 23) and an anchor portion (bone-engaging end 24) extending distally from the upper capture portion for fixation to the bone of the patient;
a receiver (receiver 30) having a top surface (see Fig. 12 inset), a bottom surface (see Fig. 12 inset), a central bore (throughhole 34) extending along a vertical centerline axis of the receiver from the top surface to the bottom surface, a base portion (bottom portion 31) having the bottom surface with a bottom opening (see Fig. 12 inset) communicating with the bottom surface of the base portion through the bottom opening, and a pair of upstanding arms (legs 38) extending upwardly from the base portion to define a first open channel (saddle 39) extending transverse to the vertical centerline axis between a front face and an opposite back face of the receiver and configured to receive the elongate rod, and internal longitudinally extending guide surfaces (keying features 36 and “planar guide surfaces”, one of which is shown in Fig. 1 inset) aligned with the vertical centerline axis to define a longitudinal alignment channel communicating with the first open channel (see Fig. 1);
a slidable element (seat structure 40) having a center opening (through-hole 97) alignable with the vertical centerline axis of the receiver and a pair of upright arms (legs 43) defining a rod-receiving second open channel (pocket 47) extending transverse to the vertical centerline axis with opposed internal surfaces (see Fig. 5 inset) devoid of recesses (see Fig. 5), each of the pair of upright arms of the slidable element comprising at least one outer guide surface (see “curved exterior surfaces” and “flat surfaces” in Fig. 5 inset) extending to a cylindrical outer surface (see Fig. 5 inset) devoid of outwardly extending protrusions (see Fig. 5) and configured to fit within a lower region (region that receives retainer 50 as shown in Fig. 3) of the central bore of the receiver (as seat structure 40 is uploaded into receiver 30, the cylindrical surface of seat structure 40 fits within the identified lower region), the slidable element being uploadable into the central bore along the vertical centerline axis through the bottom opening of the base portion with the rod-receiving second open channel aligned with the first open channel and with at least one outer guide surface slidably positionable along the longitudinally extending guide surfaces so as to inhibit rotation between the receiver and the slidable element and provide guided longitudinal travel within the central bore of the receiver; and
a retaining element (retainer 50) comprising a top surface, a bottom surface, an external surface, and an internal surface (see Fig. 13), the retaining element being uploadable into the base portion of the receiver,
wherein the upper capture portion of the shank is configured for uploading into the lower portion of the central bore after the slidable element has been positioned within the receiver, with the upper capture portion of the shank being seated against the internal surface of the retaining element to secure the shank to the receiver (Figs. 1-13; paras. 0041-0057).
Claim 2. Boschert discloses wherein the outer guide surface of the slidable element further comprise opposite vertically-extending and parallel flat surfaces (see Fig. 5 inset) facing the front face and the back face of the receiver, respectively (Figs. 1-13; paras. 0041-0057).
Claim 3. Boschert discloses wherein the slidable element and retaining element are two separate parts and each non-pivotal with respect to the receiver when positioned within the central bore (Figs. 1-13; paras. 0041-0057).
Claim 4. Boschert discloses wherein the shank is a polyaxial screw with a threaded shank (threads 25) (Figs. 1-13; paras. 0041-0057).
Claim 6. Boschert discloses wherein the upper capture portion of the shank includes a partially spherical upper surface (see Fig. 3) engageable with a concave underside surface (seat 44) of the slidable element (Figs. 1-13; paras. 0041-0057).
Claim 8. Boschert discloses wherein the base portion is formed integrally with the receiver (see Fig. 12) (Figs. 1-13; paras. 0041-0057).
Claim 9. Boschert discloses wherein the longitudinally extending guide surface is further defined by a curved interior surface (keying features 36) of the central bore of the receiver (Figs. 1-13; paras. 0041-0057).
Claim 10. Boschert discloses wherein an outer surface of at least one upright arm of the slidable element further includes a curved exterior surface (see Fig. 5 inset) complementary with the curved interior surface of the longitudinally extending guide surface (Figs. 1-13; paras. 0041-0057).
Claim 19. Boschert discloses wherein the internal longitudinal extending guide surfaces comprise planar surface portions (see “planar guide surfaces”, one of which is shown in Fig. 1 inset) (Figs. 1-13; paras. 0041-0057).
[AltContent: textbox (Top Surface)][AltContent: textbox (Bottom Surface)][AltContent: textbox (Bottom Opening)]Claim 21. Boschert discloses wherein each of the pair of upright arms of the slidable element comprises a shoulder (see Fig. 5 inset) defined by an intersection of the at least one outer guide surface and the cylindrical outer surface (Figs. 1-13; paras. 0041-0057).
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[AltContent: connector][AltContent: textbox (Planar Guide Surface)]
[AltContent: textbox (Internal Surface)][AltContent: textbox (Cylindrical Outer Surface)][AltContent: textbox (Curved Exterior Surface)][AltContent: textbox (Flat Surface)][AltContent: textbox (Flat Surface)][AltContent: textbox (Shoulder)]
Boschert fails to disclose wherein the central bore includes a lower locking region adjacent the bottom opening with a first diameter, an upper expansion region above the lower locking region having a second diameter greater than the first diameter, wherein the retaining element is expandable, wherein the top surface of the retaining element is flat, wherein the retaining element includes a vertical slot or gap extending from the flat top surface entirely through the expandable retaining element to the bottom surface and from the internal surface to the external surface, wherein the retaining element is uploadable prior to uploading the upper capture portion of the shank and thereafter being translatable between the upper expansion region and the lower locking region of the central bore, wherein the upper capture portion of the shank is configured for uploading into the base portion after the expandable retaining element has been positioned within the receiver, with a loading motion of the upper capture portion causing the expandable retaining element to first translate into and expand within the upper expansion region, and to then contract around the upper capture portion of the shank and translate back down into the lower locking region (claim 1), and wherein the shank has an axial bore centered about a longitudinal axis and extending an entire length of the shank (claim 5).
Jackson teaches a pivotal bone anchor assembly comprising: a shank (shank 4) having an upper capture portion (upper portion 8) and an anchor portion (body 6), wherein the shank has an axial bore (bore 50) centered about a longitudinal axis and extending an entire length of the shank to receive a guide wire (see para. 0421); a receiver (receiver 10) having a central bore (see Fig. 7), wherein the central bore includes a lower locking region (cylindrical surface 96) adjacent a bottom opening (lower opening 106) with a first diameter, an upper expansion region (expansion chamber 95) above the lower locking region having a second diameter greater than the first diameter; an expandable retaining element (retainer 12), wherein the expandable retaining element includes a flat top surface (top surface 122), a bottom surface (bottom surface 124), and a vertical slot or gap (defined by end surfaces 134 and 135) extending from the flat top surface entirely through the expandable retaining element to the bottom surface and from an internal surface (inner surface 125) to an external surface (outer surface 130), wherein the retaining element is uploadable prior to uploading the upper capture portion of the shank (see Figs. 19-23) and thereafter being translatable between the upper expansion region and the lower locking region of the central bore (see Figs. 24-26), wherein the upper capture portion of the shank is configured for uploading into the base portion after the expandable retaining element has been positioned within the receiver (see Fig. 23), with a loading motion of the upper capture portion along the vertical centerline axis of the receiver causing the expandable retaining element to first translate into and expand within the upper expansion region and to then contract around the upper capture portion of the shank and translate back down into the lower locking region (see Figs. 23-26), wherein such a configuration allows for the insertion of the shank into bone prior to attaching the shank to the receiver (see Figs. 22-23) (Figs. 1-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pivotal bone anchor assembly of Boschert such that the central bore includes a lower locking region adjacent the bottom opening with a first diameter, an upper expansion region above the lower locking region having a second diameter greater than the first diameter, wherein the retaining element is expandable, wherein the top surface of the retaining element is flat, wherein the retaining element includes a vertical slot or gap extending from the flat top surface entirely through the expandable retaining element to the bottom surface and from the internal surface to the external surface, wherein the retaining element is uploadable prior to uploading the upper capture portion of the shank and thereafter being translatable between the upper expansion region and the lower locking region of the central bore, wherein the upper capture portion of the shank is configured for uploading into the base portion after the expandable retaining element has been positioned within the receiver, with a loading motion of the upper capture portion causing the expandable retaining element to first translate into and expand within the upper expansion region, and to then contract around the upper capture portion of the shank and translate back down into the lower locking region (claim 1), as suggested by Jackson, in order to allow for the insertion of the shank into bone prior to attaching the shank to the receiver, which would provide for better visibility when attaching the shank to the bone. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the pivotal bone anchor assembly of Boschert such that the shank has an axial bore centered about a longitudinal axis and extending an entire length of the shank (claim 5), as suggested by Jackson, in order to allow for insertion of the shank over a guide wire.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Boschert (US 2005/0277928 A1) in view of Jackson et al. (US 2011/0098755 A1) as applied to claim 1 above, and further in view of Justis et al. (US 2012/0109208 A1).
Boschert and Jackson fail to teach wherein the receiver further includes breakoff extensions extending upwardly from the pair of upstanding arms of the receiver (claim 13).
Justis teaches a bone anchor assembly comprising: a receiver (receiver 50) having a pair of upstanding arms (distal portions 70 and 72 of arms 66 and 68) and breakoff extensions (break-off portions 67 and 69) extending upwardly from the pair of upstanding arms, wherein the breakoff extensions are configured to engage with an extension tool (extension 14) configured to provide guidance for guiding an elongate rod into the receiver (see Fig. 7) (Figs. 1-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the pivotal bone anchor assembly of Boschert such that the receiver further includes breakoff extensions extending upwardly from the pair of upstanding arms of the receiver (claim 13), as suggested by Justis, in order to provide means to engage with an extension tool that can provide guidance for guiding the elongate rod into the receiver.
Claims 14-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Boschert (US 2005/0277928 A1) in view of Jackson et al. (US 2011/0098755 A1).
Claim 14. Boschert discloses a method of assembling a pivotal bone anchor assembly intended for securing an elongate rod to a bone of a patient, the method comprising:
uploading a slidable element (seat structure 40) into a central bore (throughhole 34) of a receiver (receiver 30) (as shown in Fig. 3, due to the internal structure of receiver 30, seat structure 40 cannot be downloaded into receiver 30 and therefore must necessarily be uploaded),
the receiver comprising a top surface (see Fig. 12 inset on pg. 8 above), a bottom surface (see Fig. 12 inset on pg. 8 above), the central bore extending along a vertical centerline axis of the receiver from the top surface to the bottom surface, a base portion (bottom portion 31) having the bottom surface with a bottom opening (see Fig. 12 inset on pg. 8 above) communicating with the bottom surface of the base portion through the bottom opening, and a pair of upstanding arms (legs 38) extending upwardly from the base portion to define a first open channel (saddle 39) extending transverse to the vertical centerline axis between a front face and an opposite back face of the receiver and configured to receive the elongate rod, and at least one pair of opposed internal longitudinally extending guide surfaces (keying features 36 and “planar guide surfaces”, one of which is shown in Fig. 1 inset on pg. 9 above) aligned with the vertical centerline axis (see Fig. 1),
the slidable element comprising a center opening (through-hole 97) alignable with the vertical centerline axis of the receiver and a pair of upright arms (legs 43) defining a second open channel (pocket 47) extending transverse to the vertical centerline axis with opposed internal surfaces (see Fig. 5 inset on pg. 9 above) devoid of recesses (see Fig. 5), each of the pair of upright arms of the slidable element comprising at least one outer guide surface (see “curved exterior surfaces” and “flat surfaces” in Fig. 5 inset on pg. 9 above) extending to a cylindrical outer surface (see Fig. 5 inset on pg. 5 above) without outwardly extending protrusions (see Fig. 5) and configured to fit within a lower region (region that receives retainer 50 as shown in Fig. 3) of the central bore of the receiver (as seat structure 40 is uploaded into receiver 30, the cylindrical surface of seat structure 40 fits within the identified lower region), the slidable element being uploadable into the central bore along the vertical centerline axis through the bottom opening of the base portion with the second open channel aligned with the first open channel, the at least one outer guide surface slidably positionable within the longitudinally extending guide surfaces so as to inhibit rotation between the receiver and the slidable element and provide guided longitudinal travel within the central bore of the receiver (see para. 0054); and
uploading a retaining element (retainer 50) into the base portion after uploading the slidable element (as shown in Fig. 3, due to the internal structure of receiver 30 and the structure of seat structure 40, seat structure 40 must necessarily be uploaded prior to retainer 50), the retaining element comprising a ring having a top surface, a bottom surface, an external surface, and an internal surface (see Fig. 13) (Figs. 1-13; paras. 0041-0057).
Claim 15. Boschert discloses wherein the retaining element is non-pivotal with respect to the receiver when positioned within the central bore (Figs. 1-13; paras. 0041-0057).
Claim 16. Boschert discloses uploading an upper capture portion (head 23) of a shank (bone screw 20) into the base portion of the central bore after the slidable element has been positioned within the receiver (as shown in Fig. 3, due to the internal structure of receiver 30 and the structure of seat structure 40, seat structure 40 must necessarily be uploaded prior to bone screw 20), the shank comprising the upper capture portion and an anchor portion (bone-engaging end 24) extending distally from the upper capture portion for fixation to the bone of the patient, with the upper capture portion of the shank being seated against an internal surface of the retaining element to secure the shank to the receiver (see Fig. 3) (Figs. 1-13; paras. 0041-0057).
Claim 17. Boschert discloses wherein the slidable element is configured to engage the upper capture portion of the shank (see Fig. 3) so as to lock the shank with respect to the receiver (Figs. 1-13; paras. 0041-0057).
Claim 18. Boschert discloses wherein the upper capture portion of the shank includes a partially spherical upper surface (see Fig. 3) engageable with a concave underside surface (seat 44) of the slidable element (Figs. 1-13; paras. 0041-0057).
Claim 20. Boschert discloses wherein the internal longitudinal extending guide surfaces comprise planar surface portions (see “planar guide surfaces”, one of which is shown in Fig. 1 inset) (Figs. 1-13; paras. 0041-0057).
Boschert fails to disclose wherein the central bore includes a lower locking region adjacent the bottom opening with a first diameter, an upper expansion region above the lower locking region having a second diameter greater than the first diameter, wherein the retaining element is expandable, wherein the ring is an open ring and the top surface is flat, and a vertical slot or gap extending entirely through the open ring from the flat top surface to the bottom surface of the retaining element and from the internal surface to the external surface, wherein the expandable retaining element is translatable between the upper expansion region and the lower locking region of the central bore (claim 14), wherein the expandable retaining element is non-pivotal with respect to the receiver when positioned within the lower locking region (claim 15), and uploading the upper capture portion of the shank into the base portion after the expandable retaining element has been positioned within the receiver, wherein a loading motion of the upper capture portion of the shank along the vertical centerline axis of the receiver causes the expandable retaining element to first translate into and expand within the upper expansion region, and to then contract around the upper capture portion of the shank and translate back down into the lower locking region (claim 16).
Jackson teaches a method of assembling a pivotal bone anchor assembly comprising: providing the bone anchor assembly, comprising: a shank (shank 4) having an upper capture portion (upper portion 8) and an anchor portion (body 6); a receiver (receiver 10) having a central bore (see Fig. 7), wherein the central bore includes a lower locking region (cylindrical surface 96) adjacent a bottom opening (lower opening 106) with a first diameter, an upper expansion region (expansion chamber 95) above the lower locking region having a second diameter greater than the first diameter; an expandable retaining element (retainer 12), wherein the expandable retaining element comprises an open ring having a flat top surface (top surface 122), a bottom surface (bottom surface 124), an external surface (outer surface 130), an internal surface (inner surface 125), and a vertical slot or gap (defined by end surfaces 134 and 135) extending entirely through the open ring from the flat top surface to the bottom surface of the retaining element and from the internal surface to the external surface, wherein the retaining element is translatable between the upper expansion region and the lower locking region of the central bore (see Figs. 24-26), wherein the expandable retaining element is non-pivotal with respect to the receiver when positioned within the lower locking region (see Fig. 26); and uploading the upper capture portion of the shank into a base portion (portion below arms 62) of the central bore after the expandable retaining element has been positioned within the receiver (see Fig. 23), wherein a loading motion of the upper capture portion along the vertical centerline axis of the receiver causes the expandable retaining element to first translate into and expand within the upper expansion region and to then contract around the upper capture portion of the shank and translate back down into the lower locking region (see Figs. 23-26), wherein such a configuration allows for the insertion of the shank into bone prior to attaching the shank to the receiver (see Figs. 22-23) (Figs. 1-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Boschert such that the central bore includes a lower locking region adjacent the bottom opening with a first diameter, an upper expansion region above the lower locking region having a second diameter greater than the first diameter, wherein the retaining element is expandable, wherein the ring is an open ring and the top surface is flat, and a vertical slot or gap extending entirely through the open ring from the flat top surface to the bottom surface of the retaining element and from the internal surface to the external surface, wherein the expandable retaining element is translatable between the upper expansion region and the lower locking region of the central bore (claim 14), wherein the expandable retaining element is non-pivotal with respect to the receiver when positioned within the lower locking region (claim 15), and uploading the upper capture portion of the shank into the base portion of the central bore after the expandable retaining element has been positioned within the receiver, wherein a loading motion of the upper capture portion of the shank along the vertical centerline axis of the receiver causes the expandable retaining element to first translate into and expand within the upper expansion region, and to then contract around the upper capture portion of the shank and translate back down into the lower locking region (claim 16), as suggested by Jackson, in order to allow for the insertion of the shank into bone prior to attaching the shank to the receiver, which would provide for better visibility when attaching the shank to the bone.
Response to Arguments
Applicant's arguments filed February 10, 2026 have been fully considered but they are not persuasive.
With regard to Boschert, it is noted that Applicant’s remarks regarding seat structure 140 (see pg. 10) rely on a different embodiment than that used in the rejection above.
With regard to Applicant’s remarks directed to seat structure 40 of Boschert (see pg. 11), the Examiner disagrees that Boschert fails to disclose opposed internal surfaces devoid of recesses because Boschert includes recessed portion 45 (see pg. 11 of Applicant’s remarks). It appears that Applicant is interpreting the internal surfaces as corresponding to ridges 49 (see pg. 11). The Examiner identified the internal surfaces as labeled in Fig. 5 inset on pg. 9 above. These identified internal surfaces do not have any recesses and thus satisfy the limitations of claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIANNA N HARVEY whose telephone number is (571)270-3815. The examiner can normally be reached Mon.-Fri. 8:00am-5:00pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at (571)272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JULIANNA N HARVEY/Primary Examiner, Art Unit 3773