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 .
Response to Arguments
Applicant’s arguments, see remarks, filed 3/9/2026, with respect to claim objection and rejection under 35 U.S.C 112(b) have been fully considered and are persuasive. The claim objection of claim 15 and claim rejections under 35 U.S.C. 112(b) of claims 1, 8, and 15 has been withdrawn.
Examiner’s Note: Applicant has deferred filing of the terminal disclaimer(s) until they are the only rejection remaining, thus examiner maintains the Double Patenting rejection accordingly.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “infrastructure device” in claims 8-14
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,229,281 in view of Hoke et al (US 6,7041,437).
See below a chart illustrative example of the overlap between a representative independent claim of the instant application and the patented application(s).
Instant Application: 18/813,241
U.S. Patent No 12,229,281
Claim 1: A method, comprising:
transmitting, by virtual private network (VPN) server to an infrastructure device while executing a primary VPN operating system, a request for a custom parameter file to enable the VPN server to provide VPN services;
authenticating, by the infrastructure device, the VPN server as an authorized recipient of the custom parameter file;
transmitting, by the infrastructure device to the VPN server, the custom parameter file based at least in part on authenticating the VPN server as the authorized recipient of the custom parameter file; and
configuring, by the VPN server, the primary VPN operating system to utilize the custom parameter file to enable the VPN server to provide the VPN services.
Claim 1: A method, comprising:
retrieving, by a device associated with a virtual private network (VPN) server from a read-only device, an initial operating system associated with the VPN server providing VPN services;
transmitting, by the device based at least in part on executing the initial operating system, a first request to an infrastructure device for a VPN operating system to enable the VPN server to provide the VPN services;
receiving, by the device from the infrastructure device based at least in part on transmitting the request, the VPN operating system; and
executing, by the device, the VPN operating system to provide the VPN services.
U.S. Patent No 12,229,281 teaches the instantly recited claims, but does not expressly disclose the use of custom parameter file and authentication of VPN server.
Prior art, Hoke et al discloses the use of configuration parameters to configure the different devices to appropriately handle communications, see for example [column 4 lines 45-48]; and authenticate different VPN units, see for example [column 14 lines 21-29].
It would have been obvious to one of ordinary skill in the art at to create the invention as claimed for the following reasons. 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 teachings of U.S. Patent No 12,229,281 by utilizing custom parameters, for the purpose of configuring the different devices, based upon the beneficial teachings provided by Hoke et al, see for example [column 4 lines 45-48]. These modifications would result in ease of use and increased security, both of which are obvious benefits to the skilled artisan. Additionally, the cited references are in the field of computer security, as is the current application, and thus, are in analogous arts.
The dependent claims are all taught by U.S. Patent No 12,101,281 or are only slight variants.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,757,843 in view of Hoke et al (US 6,7041,437).
See below a chart illustrative example of the overlap between a representative independent claim of the instant application and the patented application(s).
Instant Application: 18/813,241
U.S. Patent No 11,757,843
Claim 1: A method, comprising:
transmitting, by virtual private network (VPN) server to an infrastructure device while executing a primary VPN operating system, a request for a custom parameter file to enable the VPN server to provide VPN services;
authenticating, by the infrastructure device, the VPN server as an authorized recipient of the custom parameter file;
transmitting, by the infrastructure device to the VPN server, the custom parameter file based at least in part on authenticating the VPN server as the authorized recipient of the custom parameter file; and
configuring, by the VPN server, the primary VPN operating system to utilize the custom parameter file to enable the VPN server to provide the VPN services.
Claim 1: A method, comprising:
storing, by an infrastructure device in a read-only memory associated with a read-only device, an initial operating system to be utilized by a virtual private network (VPN) server in association with providing VPN services;
storing, by the infrastructure device in the read-only memory, authentication information associated with authenticating a requesting device as an authorized recipient of the initial operating system; and
configuring, by the infrastructure device, the read-only device to control access to the initial operating system based at least in part on utilizing the authentication information
U.S. Patent No 11,757,843 teaches the instantly recited claims, but does not expressly disclose the use of the custom parameter file.
Prior art, Hoke et al discloses the use of configuration parameters to configure the different devices to appropriately handle communications, see for example [column 4 lines 45-48].
It would have been obvious to one of ordinary skill in the art at to create the invention as claimed for the following reasons. 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 teachings of U.S. Patent No 11,757,843 by utilizing custom parameters, for the purpose of configuring the different devices, based upon the beneficial teachings provided by Hoke et al, see for example [column 4 lines 45-48]. These modifications would result in ease of use and increased security, both of which are obvious benefits to the skilled artisan. Additionally, the cited references are in the field of computer security, as is the current application, and thus, are in analogous arts.
The dependent claims are all taught by U.S. Patent No 11,757,843 or are only slight variants.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,641,342 in view of Hoke et al (US 6,7041,437).
See below a chart illustrative example of the overlap between a representative independent claim of the instant application and the patented application(s).
Instant Application: 18/813,241
U.S. Patent No 11,641,342
Claim 1: A method, comprising:
transmitting, by virtual private network (VPN) server to an infrastructure device while executing a primary VPN operating system, a request for a custom parameter file to enable the VPN server to provide VPN services;
authenticating, by the infrastructure device, the VPN server as an authorized recipient of the custom parameter file;
transmitting, by the infrastructure device to the VPN server, the custom parameter file based at least in part on authenticating the VPN server as the authorized recipient of the custom parameter file; and
configuring, by the VPN server, the primary VPN operating system to utilize the custom parameter file to enable the VPN server to provide the VPN services.
Claim 1: A method, comprising:
receiving, by a processor associated with a read-only device, an access request to access an initial operating system from a requesting device associated with a virtual private network (VPN) server, the initial operating system being stored on a read-only memory associated with the read-only device;
transmitting, by the processor to the requesting device based at least in part on receiving the access request, a request for authentication information associated with the VPN server; and
controlling, by the processor, access to the initial operating system by the requesting device based at least in part on a result of a comparison of the authentication information associated with the VPN server with authentication information stored in the read-only memory
U.S. Patent No 11,641,342 teaches the instantly recited claims, but does not expressly disclose the use of the custom parameter file.
Prior art, Hoke et al discloses the use of configuration parameters to configure the different devices to appropriately handle communications, see for example [column 4 lines 45-48].
It would have been obvious to one of ordinary skill in the art at to create the invention as claimed for the following reasons. 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 teachings of U.S. Patent No 11,641,342 by utilizing custom parameters, for the purpose of configuring the different devices, based upon the beneficial teachings provided by Hoke et al, see for example [column 4 lines 45-48]. These modifications would result in ease of use and increased security, both of which are obvious benefits to the skilled artisan. Additionally, the cited references are in the field of computer security, as is the current application, and thus, are in analogous arts.
The dependent claims are all taught by U.S. Patent No 11,641,342 or are only slight variants.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,463,412 in view of Hoke et al (US 6,7041,437).
See below a chart illustrative example of the overlap between a representative independent claim of the instant application and the patented application(s).
Instant Application: 18/813,241
U.S. Patent No 11,463,412
Claim 1: A method, comprising:
transmitting, by virtual private network (VPN) server to an infrastructure device while executing a primary VPN operating system, a request for a custom parameter file to enable the VPN server to provide VPN services;
authenticating, by the infrastructure device, the VPN server as an authorized recipient of the custom parameter file;
transmitting, by the infrastructure device to the VPN server, the custom parameter file based at least in part on authenticating the VPN server as the authorized recipient of the custom parameter file; and
configuring, by the VPN server, the primary VPN operating system to utilize the custom parameter file to enable the VPN server to provide the VPN services.
Claim 1: A method, comprising:
accessing, by a device associated with a virtual private network (VPN) server, an initial operating system stored on a read-only device, the initial operating system being associated with the VPN server providing VPN services;
receiving, by the device from the read-only device, a request for authentication information to authenticate the device as an authorized recipient of the initial operating system;
transmitting, by the device to the read-only device, the authentication information; and
receiving, by the device from the read-only device, the initial operating system based at least in part on transmitting the authentication information.
U.S. Patent No 11,463,412 teaches the instantly recited claims, but does not expressly disclose the use of the custom parameter file.
Prior art, Hoke et al discloses the use of configuration parameters to configure the different devices to appropriately handle communications, see for example [column 4 lines 45-48].
It would have been obvious to one of ordinary skill in the art at to create the invention as claimed for the following reasons. 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 teachings of U.S. Patent No 11,463,412 by utilizing custom parameters, for the purpose of configuring the different devices, based upon the beneficial teachings provided by Hoke et al, see for example [column 4 lines 45-48]. These modifications would result in ease of use and increased security, both of which are obvious benefits to the skilled artisan. Additionally, the cited references are in the field of computer security, as is the current application, and thus, are in analogous arts.
The dependent claims are all taught by U.S. Patent No 11,463,412 or are only slight variants.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the double patenting rejection(s) set forth in this Office action (i.e., file terminal disclaimer(s)).
The following is an examiner’s statement for the indication of allowable subject matter:
The prior art, Schultz et al (US 2017/0171156), discloses aggregating traffic over multiple VPN connections. A first Virtual Private Network (VPN) connection is established between a client device and a first VPN server via a first access network of the client device. A second Virtual Private Network (VPN) connection is established between the client device and a second VPN server via a second access network of the client device. Application traffic associated with a connection between an application server and a client application that corresponds to the client device is received. The application traffic associated with the connection between the application server and the client application is distributed between at least the first VPN and the second VPN.
The prior art, Chang (US 9,608,962), discloses Virtual private network (VPN)-related techniques. The techniques provide intuitive mechanisms by which a client device more efficiently establishes a VPN connection. In one example, a client device includes a memory, processor(s), and a VPN handler. The VPN handler is configured to monitor actions initiated by one or more applications executable by the programmable processor(s), and determine whether each of the initiated actions requires a VPN connection via which to transmit outbound data traffic corresponding to a respective application of the one or more applications. The VPN handler is further configured to, in response to a detection that at least one initiated action requires the VPN connection via which to transmit the outbound data traffic, automatically establish the VPN connection to couple the client device to an enterprise network, and transmit the outbound data traffic corresponding to the respective application, via the VPN.
The prior art, Zerrad et al (US 2020/0287910), discloses an identity broker receives a request for access by a client device to a service provided by a server. In response to the request, the identity broker determines an identity of the client device using a client certificate. The identity broker also determines whether the client device is in a secure state. If the client device is secure, the identity broker sends an authentication request to an identity provider. After the identity provider authenticates the client device, the identity broker passes the authentication to the server, which establishes a session with the client device to provide the service.
The prior art, Small et al (US 2014/0041022), discloses detecting an error condition associated with the communication session by a first endpoint. The endpoints are participating in the communication session. The notification of the error condition is sent to the second endpoint using a transport layer session. The communication session is provided with transport layer session. The communication proposing a response to the error condition is received from second endpoint. The error condition is provided with an attack on the communication session.
The prior art, Crank et al (US 2019/0043054), discloses a system that includes one or more memory devices storing instructions, and one or more processors configured to execute the instructions to perform steps of a method for providing network security. The system may receive customer credentials in association with an attempted transaction initiated by a user device that is connected to a local network. The system may receive network identification data associated with the local network and generate a network confidence score based on the network identification data and a historical local network footprint. The system may determine a security action based on the network confidence score.
The prior art, Cockerill et al (US 2018/0359244), discloses a method including receiving a request regarding access by a first computing device (e.g., a mobile device of a user) to a service; in response to the request, performing, by a second computing device (e.g., a device risk evaluation server, or a server of an identity provider), an evaluation of the first computing device; and performing, by the second computing device, an action (e.g., authorizing access to the service) based on the evaluation.
The prior art, Celiesius (US 11,297,039), discloses a method for providing a notification system in a virtual private network (VPN), the method comprising configuring a VPN server to receive, from a user device, an indication that data of interest is to be requested, the indication including domain information associated with a host device capable of providing the data of interest; and configuring the VPN server to transmit, based at least in part on the domain information, a notification indicating to the user device that the data of interest to be received from the host device potentially includes harmful content.
The prior art, Koutenaei et al (US 2016/0269403), discloses a method of authenticating a user comprising: receiving a request from the user to access an account via a first device associated with the user; acquiring biometric data from the user on a second device; and granting access to the account if the acquired biometric data matches biometric data stored in the second device.
The prior art, Teo (US 2016/0134594), discloses at least one server for processing a data packet from a first computing device to be transmitted to a second computing device is disclosed, in which the data packet includes a message encrypted using a first encryption key to form an encrypted message, identification data of the second computing device encrypted using a second encryption key to form encrypted identification data, and encrypted first and second encryption keys. The method comprises decrypting the encrypted second encryption key; encryption key; decrypting the encrypted identification data using the decrypted second encryption key; and transmitting the data packet based on the decrypted identification data, wherein the encrypted message and first encryption key are arranged to be undecryptable by the server to permit end-to-end encryption communication between the first and recipient info encryption key end-to-end encryption communication between the first and second computing devices.
The prior art, Glazemakers et al (US 2016/0099917), discloses that embodiments that allow multiple virtual private network connections to be created without the need for administrative privileges, and allow network traffic to be routed using a single virtual adapter instead of a dedicated virtual adapter for each virtual network connection.
The prior art, Kamath et al (US 9,304,941), discloses receiving a plaintext message (m), encrypting the plaintext message and generating a cipher text (c) and authentication data (t), storing the cipher text in a user data portion of a data storage device, and storing the authentication data in a meta data portion of the data storage device.
The prior art, Glazemakers et al (US 9,148,408), discloses protecting network devices from unauthorized access. Among other things, embodiments of the disclosure allow full access to application servers and other network devices that a client is allowed to access, while preventing all access (or even knowledge) of network devices the client is not allowed to access.
The prior art, Ylimartimo (US 2014/0040435), discloses a virtual private network is created between a home control network key and a home control network device. Both the home control network key and the home control network device determine their network paths to the Internet from the data transfer network to which they are connected. The determined network paths are stored in a home control network server on the Internet. When it is desired to form a virtual private network, the home control network server supplies the stored network paths to the home control network key and the home control network device. By using the received network paths, the home control network key and the home control network device create between them a virtual private network, to which the client device used by the person performing the remote-controlling and the actuators to be remote-controlled are also connected to implement the remote control.
The prior art, Le et al (US 2005/0102504), discloses a method of generating data packets to be transmitted with end-to-end security between a sender and a receiver in an IP network system, the method comprising the step of: providing information for an intermediate node, the intermediate node being located on a path between a sender and a receiver, in a part of a packet in clear text, the information supporting the intermediate node in processing the packet, wherein the part of the packet in which the information is provided is different from payload data.
The prior art, Hoke et al (US 6,701,437), discloses a computer system for processing communications in a virtual private network. The computer system operates in a selective mode, in which only communications transiting the virtual private network are processed according to specified virtual private network parameters, such as encryption, compression and authentication algorithms. Virtual private network communications passing between a public network and a private network are thus received and processed according to the algorithms, while other communications bypass the computer system.
However, none of the prior arts of record, either alone or in combination, discloses all the limitations of the independent claim, 1, 8, and 15, including, but not limited to: "transmitting, by virtual private network (VPN) server to an infrastructure device while the VPN Server is executing a primary VPN operating system, a request for a custom parameter file to enable the VPN server to provide VPN services; authenticating, by the infrastructure device, the VPN server as an authorized recipient of the custom parameter file; transmitting, by the infrastructure device to the VPN server, the custom parameter file based at least in part on authenticating the VPN server as the authorized recipient of the custom parameter file; and configuring, by the VPN server, the primary VPN operating system to utilize the custom parameter file to enable the VPN server to provide the VPN services.”
Therefore, independent claims 1, 8, and 15 are allowable over the prior arts of record. Likewise, the associated claims which depend from independent claims 1, 8, and 15 are allowable by virtue of their dependence on the independent claims.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakano (US 2022/0159045): a server system robust against a communication path failure. A first server system and a second server system are respectively installed on a first network and a second network provided by common carriers different from each other. Even when a failure occurs in the first network, communication through the second network can be maintained, and even when a failure occurs in the second network, communication through the first network can be maintained. Further, when a failure occurs in the dedicated line, operations can be performed within each of the first and second networks in a degeneracy mode.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENDALL DOLLY whose telephone number is (571)270-1948. The examiner can normally be reached Monday-Friday 7am-3pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shewaye Gelagay can be reached at (571)272-4219. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENDALL DOLLY/Primary Examiner, Art Unit 2436