DETAILED ACTION
Notice of Pre-AIA or AIA Status
In the present application, filed on or after March 16, 2013, claims 1-10 have been considered and examined under the first inventor to file provisions of the AIA .
Respond to Applicant’s Arguments/Remarks
Applicant’s arguments, see Remarks, filed 01/06/2026, with respect to the rejection(s) of claims 1-7, based solely on the limitations as amended, has been fully considered but are moot because the arguments do not apply to the new combination of references including prior art being used in the current rejection (see below for detail) under new grounds of rejection, necessitated by amendment.
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 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.
Claims 1-2 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Oren et al. (Oren – US 2020/0386605 A1) in view of McIntosh et al. (McIntosh – US 2013/0187785 A1).
As to claim 1, Oren discloses a work machine, comprising:
an attachment (Oren: Abstract, [0014]-[0015] and FIG. 5 the smart hook Blocks of the method S100 can be executed by or in conjunction with a “smart hook” carried by a crane at a construction site in order to access non-visual data from sensors integrated into the smart hook, to automatically identify objects (e.g., materials, tools, equipment) moved throughout the job site by the crane, and to generate records of lift events at the construction site);
a memory (Oren: [0014], [0023], [0026], [0031], [0035]-[0036], [0139]-[0140], and FIG. 5 the controller); and
a hardware processor coupled to the memory (Oren: [0014], [0023], [0026], [0031], [0035]-[0036], [0139]-[0140], and FIG. 5 the controller: while the smart hook is carried by a crane and manipulated by the crane and construction staff to move tools and materials within a construction site, a remote computer system or a controller integrated into the smart hook can execute Blocks of the method S100 to: access load, motion, optical, and/or geospatial location data from the smart hook; interpret types of these loads carried by the crane; and generate lift event records representing types, magnitudes, locations, and trajectories of these loads moving throughout the construction site over time) and configured to
specify a hazardous zone (Oren: [0010]-[0013], [0020]-[0022], [0082]-[0084], [0088]-[0089], [0092]-[0093], [0097]-[0098], and FIG. 1: the smart hook can select or calculate a buffer distance for an object carried by the smart hook based on: a type of this object; a dimension and weight of the object; and/or real-time orientation and motion characteristics of the object, such as its resonance amplitude, swing amplitude, pitch and roll angle, and/or yaw rate. The smart hook can then monitor the geospatial location of the smart hook and selectively trigger an alarm when the smart hook falls within this buffer distance of the georeferenced no-fly zone, thereby alerting a crane operator (and/or a site manager, nearby personnel) of increased non-compliance or risk) in which a degree of hazard increases when an object falls during an operation of the attachment to lift and move the object (Oren: [0072], [0089], [0093], [0098], and FIG. 1: if the geospatial location of the smart hook falls within the dynamic buffer distance of a georeferenced boundary of a no-fly zone near the construction site during this lift event, the smart hook can: trigger an alarm at a crane operator command center to prompt the crane operator to move the smart hook away from the no-fly zone; output an audible alarm or send a notification for possible falling material to personnel below; transmit a no-fly error to a site manager; and/or record a no-fly error to a lift event record for this lift event), and
visualize the specified hazardous zone (Oren: [0010]-[0013], [0017], [0021], [0072], [0076], [0084], [0089], [0125], and FIG. 4: if this shortest distance is less than the buffer distance, the smart hook can: activate an object location alarm; transmit a notification to the operator command center to prompt the crane operator to retract the smart hook from this nearest no-fly zone; output an audible and/or visual alarm to alert nearby personnel of the location event; and/or transmit a notification for the location event (e.g., as a possible non-compliance event) to a site manager, as shown in FIG. 4).
Oren does not explicitly disclose visualize the specified hazardous zone by causing a lighting device to illuminate the specified hazardous zone.
However, it has been known in the art of notifying dangerous zone to implement visualize the specified hazardous zone by causing a lighting device to illuminate the specified hazardous zone, as suggested by McIntosh, which discloses visualize the specified hazardous zone (McIntosh: [0003]: These individuals may sustain injuries if they are they are hit by a tool or other object that is dropped from the elevated work platform. This can be particularly dangerous in settings where individuals below are not wearing hard hats, [0020],-[0021], [0027]-[0030], and FIG. 1-3 ) by causing a lighting device (FIG. 1-3 the overhead hazard warning system 10) to illuminate the specified hazardous zone (McIntosh: [0003]: These individuals may sustain injuries if they are they are hit by a tool or other object that is dropped from the elevated work platform. This can be particularly dangerous in settings where individuals below are not wearing hard hats, [0020],-[0021], [0027]-[0030], and FIG. 1-3: An overhead hazard warning system for an elevated work platform comprises a projector coupled to the work platform and configured to project a pattern of light downwardly to produce a visual indication on a surface below the work platform, a range finder configured to produce an elevation signal representative of a height of the projector relative to the surface below the work platform, and a controller connected to receive the elevation signal and configured to control the projector based on the elevation signal.).
Therefore, in view of teachings by Oren and McIntosh, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the construction machine of Oren to include visualize the specified hazardous zone by causing a lighting device to illuminate the specified hazardous zone, as suggested by McIntosh. The motivation for this is to inform workers when they are in the immediate vicinity of, or underneath elevated work platform.
As to claim 2, Oren and McIntosh disclose the limitations of claim 1 further comprising the work machine according to claim 1,
wherein the hazardous zone is a zone having a high probability of coming into contact with the fallen object when the object falls (Oren: [0010]-[0013], [0020]-[0022], [0082]-[0084], [0088]-[0089], [0092]-[0093], [0097]-[0098], and FIG. 1: the smart hook can select or calculate a buffer distance for an object carried by the smart hook based on: a type of this object; a dimension and weight of the object; and/or real-time orientation and motion characteristics of the object, such as its resonance amplitude, swing amplitude, pitch and roll angle, and/or yaw rate. The smart hook can then monitor the geospatial location of the smart hook and selectively trigger an alarm when the smart hook falls within this buffer distance of the georeferenced no-fly zone, thereby alerting a crane operator (and/or a site manager, nearby personnel) of increased non-compliance or risk and McIntosh: [0003]: These individuals may sustain injuries if they are they are hit by a tool or other object that is dropped from the elevated work platform. This can be particularly dangerous in settings where individuals below are not wearing hard hats, [0020],-[0021], [0027]-[0030], and FIG. 1-3: An overhead hazard warning system for an elevated work platform comprises a projector coupled to the work platform and configured to project a pattern of light downwardly to produce a visual indication on a surface below the work platform, a range finder configured to produce an elevation signal representative of a height of the projector relative to the surface below the work platform, and a controller connected to receive the elevation signal and configured to control the projector based on the elevation signal.).
As to claim 8, Oren and McIntosh disclose the limitations of claim 1 further comprising the work machine according to claim 1, wherein the hardware processor is further configured to visualize the specified hazardous zone around the work machine in a work site (Oren: [0010]-[0013], [0017], [0021], [0072], [0076], [0084], [0089], [0125], and FIG. 4: if this shortest distance is less than the buffer distance, the smart hook can: activate an object location alarm; transmit a notification to the operator command center to prompt the crane operator to retract the smart hook from this nearest no-fly zone; output an audible and/or visual alarm to alert nearby personnel of the location event; and/or transmit a notification for the location event (e.g., as a possible non-compliance event) to a site manager, as shown in FIG. 4 and McIntosh: [0003]: These individuals may sustain injuries if they are they are hit by a tool or other object that is dropped from the elevated work platform. This can be particularly dangerous in settings where individuals below are not wearing hard hats, [0020],-[0021], [0027]-[0030], and FIG. 1-3: An overhead hazard warning system for an elevated work platform comprises a projector coupled to the work platform and configured to project a pattern of light downwardly to produce a visual indication on a surface below the work platform, a range finder configured to produce an elevation signal representative of a height of the projector relative to the surface below the work platform, and a controller connected to receive the elevation signal and configured to control the projector based on the elevation signal.).
As to claim 9, Oren and McIntosh disclose the limitations of claim 8 further comprising the work machine according to claim 8, wherein the hardware processor is further configured to visualize the specified hazardous zone on a surface of at least one of a ground or an object around the work machine in the work site (Oren: [0010]-[0013], [0017], [0021], [0072], [0076], [0084], [0089], [0125], and FIG. 4: if this shortest distance is less than the buffer distance, the smart hook can: activate an object location alarm; transmit a notification to the operator command center to prompt the crane operator to retract the smart hook from this nearest no-fly zone; output an audible and/or visual alarm to alert nearby personnel of the location event; and/or transmit a notification for the location event (e.g., as a possible non-compliance event) to a site manager, as shown in FIG. 4 and McIntosh: [0003]: These individuals may sustain injuries if they are they are hit by a tool or other object that is dropped from the elevated work platform. This can be particularly dangerous in settings where individuals below are not wearing hard hats, [0020],-[0021], [0027]-[0030], and FIG. 1-3: An overhead hazard warning system for an elevated work platform comprises a projector coupled to the work platform and configured to project a pattern of light downwardly to produce a visual indication on a surface below the work platform, a range finder configured to produce an elevation signal representative of a height of the projector relative to the surface below the work platform, and a controller connected to receive the elevation signal and configured to control the projector based on the elevation signal.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Oren et al. (Oren – US 2020/0386605 A1) in view of McIntosh et al. (McIntosh – US 2013/0187785 A1) and further in view of Matsushita (Matsushita – US 20220315396 A1).
As to claim 3, Oren and McIntosh disclose the limitations of claim 1 further comprising the work machine according to claim 1, wherein the memory retains image data indicating a bird's-eye-view image per work site (Oren: [0033] and FIG. 4: while sampling these sensors when in the active state, the smart hook can also stream these data—such as including images recorded by the optical sensor, geospatial locations and altitudes of the smart hook, accelerations detected by the motion sensor and a weight (above the tare value) measured by the weight sensor—to the remote computer system. The remote computer system can then publish data to a live construction site feed accessible via the manager portal described above. (Additionally or alternatively, the remote computer system can then transmit real-time construction-related notifications in the form of SMS messages to the site manager's mobile device.) (or via another online portal). The site manager or other operator may then access this live construction site feed to view a live “bird's-eye view” of the construction site and to monitor the current weight magnitude carried by the smart hook, current movement of the smart hook, the current altitude of the smart hook, and the current geospatial location of the smart hook), and
the hardware processor is further configured to:
upon receiving selection of a work site, display bird's-eye-view image data indicating the bird's-eye-view image of the selected work site on a display (Oren: [0033] and FIG. 4: while sampling these sensors when in the active state, the smart hook can also stream these data—such as including images recorded by the optical sensor, geospatial locations and altitudes of the smart hook, accelerations detected by the motion sensor and a weight (above the tare value) measured by the weight sensor—to the remote computer system. The remote computer system can then publish data to a live construction site feed accessible via the manager portal described above. (Additionally or alternatively, the remote computer system can then transmit real-time construction-related notifications in the form of SMS messages to the site manager's mobile device.) (or via another online portal). The site manager or other operator may then access this live construction site feed to view a live “bird's-eye view” of the construction site and to monitor the current weight magnitude carried by the smart hook, current movement of the smart hook, the current altitude of the smart hook, and the current geospatial location of the smart hook).
Oren and McIntosh does not explicitly disclose upon receiving setting of a range as the hazardous zone on the displayed bird's-eye-view image, specify the set range as the hazardous zone.
However, it has been known in the art of heavy working machine to implement upon receiving setting of a range as the hazardous zone on the displayed bird's-eye-view image, specify the set range as the hazardous zone, as suggested by Matsushita, which disclose upon receiving setting of a range as the hazardous zone on the displayed bird's-eye-view image, specify the set range as the hazardous zone (Matsushita: Abstract, [0037], [0063]-[0065], [0078]-[0079], [0092]-[0103], FIG. 2 the input device 621, and FIG. 9: When the periphery detection device 634 detects an object within an alarm range W that is included in the entirety of the detection range F and that is narrower than the detection range F, the periphery monitoring processing unit 611 executes alarm control to alarm a worker that operates the crane 1, in a mode different from display of an object within the display range E, for example, by displaying the alarm range W in a highlighted manner, such as displaying in color. Here, the periphery monitoring processing unit 611 that executes alarm control to alarm the worker by displaying the alarm range W in a highlighted manner, such as displaying in color, functions as an “alarm”…The alarm range W can be arbitrarily set, for example, from the input unit 621).
Therefore, in view of teachings by Oren, McIntosh, and Matsushita, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the construction machine of Oren and McIntosh to include upon receiving setting of a range as the hazardous zone on the displayed bird's-eye-view image, specify the set range as the hazardous zone, as suggested by Matsushita. The motivation for this is to selectively a monitoring range surrounding a construction machine based on an input of an operator.
Claims 4-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Oren et al. (Oren – US 2020/0386605 A1) in view of McIntosh et al. (McIntosh – US 2013/0187785 A1) and further in view of Nishizawa et al. (Nishizawa – US 2020/0048871 A1).
As to claim 4, Oren and McIntosh discloses the limitations of claim 1 further comprising the work machine according to claim 1,
wherein the hardware processor is further configured to specify a range as the hazardous zone based on characteristics of the object (Oren: [0010]-[0013], [0017]-[0022], [0034]-[0037], [0043]-[0045], [0082]-[0084], and FIG. 2: The smart hook can similarly interface with the remote computer system to: access or load georeferenced “no-fly” (or “keep-out”) zones within and around the construction site; monitor locations of objects carried by the smart hook during lift events; define offset (or “buffer”) distances from these no-fly zones for these objects based on types of these objects; and selectively issue alarms and serve notifications—such as to a crane operator, a site manager, and/or personnel nearby—in real time when these objects come within their buffer distances of these no-fly zones) except for the claimed limitations of information regarding terrain of a work site of the work machine.
However, it has been known in the art of heavy working machine to implement information regarding terrain of a work site of the work machine, as suggested by Nishizawa, which disclose information regarding terrain of a work site of the work machine (Nishizawa: [0029], [0043]-[0046], [0061]-[0062], [0073]-[0075], [0079]-0080], [0091]-[0098], FIG. 7, and FIG. 13-14: In the embodiment, with consideration given to information on terrain features around a working machine, proximity distances of the working machine to each obstacle around the working machine are classified into levels, and warning generation and control are performed in accordance with the levels).
Therefore, in view of teachings by Oren, McIntosh, and Nishizawa, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the construction machine of Oren and McIntosh to include information regarding terrain of a work site of the work machine, as suggested by Nishizawa. The motivation for this is to selectively configure a construction site around a work machine based on terrain information from a terrain database.
As to claim 5, Oren and McIntosh discloses the limitations of claim 1 further comprising the work machine according to claim 1, wherein the hardware processor is further configured to:
create a virtual space reproducing an environment in a vicinity of the work machine based on characteristics of the object (Oren: [0010]-[0013], [0017]-[0022], [0034]-[0037], [0043]-[0045], [0082]-[0084], and FIG. 2: The smart hook can similarly interface with the remote computer system to: access or load georeferenced “no-fly” (or “keep-out”) zones within and around the construction site; monitor locations of objects carried by the smart hook during lift events; define offset (or “buffer”) distances from these no-fly zones for these objects based on types of these objects; and selectively issue alarms and serve notifications—such as to a crane operator, a site manager, and/or personnel nearby—in real time when these objects come within their buffer distances of these no-fly zones), information regarding terrain of a work site of the work machine, and operation information indicating an operation state of the work machine (Oren: [0072], [0089], [0093], [0098], and FIG. 1: if the geospatial location of the smart hook falls within the dynamic buffer distance of a georeferenced boundary of a no-fly zone near the construction site during this lift event, the smart hook can: trigger an alarm at a crane operator command center to prompt the crane operator to move the smart hook away from the no-fly zone; output an audible alarm or send a notification for possible falling material to personnel below; transmit a no-fly error to a site manager; and/or record a no-fly error to a lift event record for this lift event), and
specify the hazardous zone through a simulation using the virtual space (Oren: [0010]-[0013], [0020]-[0022], [0082]-[0084], [0088]-[0089], [0092]-[0093], [0097]-[0098], [0130] and FIG. 1: For example, throughout the lift event, the smart hook can stream its geospatial location to the operator command center. Accordingly, the operator command center can: render the geospatial map of no-fly zones—within and around the construction site—within a graphical user interface; and update a location of a virtual representation of the smart hook and object within the graphical user interface based on this stream of geospatial locations received from the smart hook. The buffer duration can also: retrieve a buffer distance for the object received from the smart hook or locally calculate this buffer distance based on object orientation and position data received from the smart hook during this lift event; verify that the geospatial location of the smart hook is offset from all no-fly zones by more than the current buffer distance; and highlight—within the graphical user interface—any no-fly zone region that falls within this buffer distance of the current geospatial location of the smart hook and issue an audible or visual alarm for the crane operator accordingly. Upon viewing this graphical user interface, the crane operator may adjust the trajectory of the smart hook in order to move the smart hook further from this no-fly zone. Upon confirming this change in position of the smart hook relative to the no-fly zone, the operator command center can clear this alarm), except for the claimed limitations of information regarding terrain of a work site of the work machine.
However, it has been known in the art of heavy working machine to implement information regarding terrain of a work site of the work machine, as suggested by Nishizawa, which disclose information regarding terrain of a work site of the work machine (Nishizawa: [0029], [0043]-[0046], [0061]-[0062], [0073]-[0075], [0079]-0080], [0091]-[0098], FIG. 7, and FIG. 13-14: In the embodiment, with consideration given to information on terrain features around a working machine, proximity distances of the working machine to each obstacle around the working machine are classified into levels, and warning generation and control are performed in accordance with the levels).
Therefore, in view of teachings by Oren, McIntosh, and Nishizawa, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the construction machine of Oren and McIntosh to include information regarding terrain of a work site of the work machine, as suggested by Nishizawa. The motivation for this is to selectively configure a construction site around a work machine based on terrain information from a terrain database.
As to claim 7, Oren and McIntosh discloses the limitations of claim 1 further comprising the work machine according to claim 1,
wherein the work machine is an excavator, and
wherein the hardware processor is further configured to:
when an operation mode of the excavator is a normal operation mode, set a zone having a high probability of coming into contact with the attachment of the excavator during a rotating operation of the excavator as a first zone (Oren: [0010]-[0013], [0020]-[0022], [0082]-[0084], [0088]-[0089], [0092]-[0093], [0097]-[0098], and FIG. 1: In one implementation, the remote computer system maintains a geospatial map of no-fly zones (e.g., 2D or 3D georeferenced “keep-out” volumes or virtual barriers) for avoidance by objects carried by the crane and smart hook during operation, as described below. More specifically, the remote computer system can maintain a geospatial map that defines a working volume in which the crane is permitted to move objects into and within the construction site. A virtual boundary around this working volume can thus define a no-fly zone);
when the operation mode of the excavator is a crane mode, set a zone having a high probability of coming into contact with the fallen object during an operation of moving the object lifted by the attachment as a second zone (Oren: [0020]-[0022], [0082]-[0084], [0088]-[0089], [0092]-[0093], [0097]-[0098], and FIG. 1: after automatically identifying a type of an object lifted by the smart hook as described above, the smart hook (or the remote computer system) can retrieve a buffer distance for the type of the object, such as including: a fixed offset distance from a no-fly boundary based on the type of the object; or a parametric model for calculating an offset distance for the object based on the type, weight, length, and/or motion of the object. The smart hook (or the remote computer system) can: assign (and update) a buffer distance for a particular object carried by the smart hook event based on data collected by sensors in the smart hook during a lift event; monitor the geospatial location of the smart hook and the object during this lift event;); and
switch a range of the hazardous zone between the first zone and the second zone according to the operation mode of the excavator (Oren: [0010]-[0013], [0020]-[0022], [0082]-[0084], [0088]-[0089], [0092]-[0093], [0097]-[0098], and FIG. 1: the smart hook can select or calculate a buffer distance for an object carried by the smart hook based on: a type of this object; a dimension and weight of the object; and/or real-time orientation and motion characteristics of the object, such as its resonance amplitude, swing amplitude, pitch and roll angle, and/or yaw rate. The smart hook can then monitor the geospatial location of the smart hook and selectively trigger an alarm when the smart hook falls within this buffer distance of the georeferenced no-fly zone, thereby alerting a crane operator (and/or a site manager, nearby personnel) of increased non-compliance or risk), except for the claimed limitations of wherein the work machine is an excavator.
However, it has been known in the art of heavy working machine to implement wherein the work machine is an excavator, as suggested by Nishizawa, which disclose wherein the work machine is an excavator (Nishizawa: [0029], [0043]-[0046], [0061]-[0062], [0073]-[0075], [0079]-0080], [0091]-[0098], FIG. 1, FIG. 7, and FIG. 13-14: In the embodiment, with consideration given to information on terrain features around a working machine, proximity distances of the working machine to each obstacle around the working machine are classified into levels, and warning generation and control are performed in accordance with the levels).
Therefore, in view of teachings by Oren, McIntosh, and Nishizawa, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the construction machine of Oren and McIntosh to include wherein the work machine is an excavator, as suggested by Nishizawa. The motivation for this is to selectively configure a construction site around an excavator working machine based on terrain information from a terrain database.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not teach the combination of the limitations including wherein the memory stores a learned model which has learned a relationship between a combination of the object and a work site and a zone having a high probability of coming into contact with the fallen object from a data set in which image data of the object, image data of the work site of the work machine, and image data indicating a state of the work site after the object falls are associated with one another, and the hardware processor is further configured to: input image data including an image of the object and an image of the work site to the learned model; and specify a zone output from the learned model as the hazardous zone, as presented in claim 6. Although many of the limitations of the claims can be individually found in the prior art, there is no reasonable combination of references sufficient to teach the invention as claimed in claim 6.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: claim 10 is allowable because prior art fails to teach or suggest the claimed invention in combination. While most of individual limitation, having components and functions, are generically and separately known in the art, the combination of all of the components and their interactions are not sufficiently taught in the prior art in the claimed manner, and the Examiner can find no motivation to combine or modify the references of record without the use of impermissible hindsight including a work machine, comprising: an attachment; a memory; and a hardware processor coupled to the memory and configured to specify a hazardous zone in which a degree of hazard increases when an object falls during an operation of the attachment to lift and move the object, and visualize the specified hazardous zone, wherein the memory stores a learned model which has learned a relationship between a combination of the object and a work site and a zone having a high probability of coming into contact with the fallen object from a data set in which image data of the object, image data of the work site of the work machine, and image data indicating a state of the work site after the object falls are associated with one another, and the hardware processor is further configured to input image data including an image of the object and an image of the work site to the learned model; and specify a zone output from the learned model as the hazardous zone.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Kamon, US 10,254,767 B1, discloses determining position or orientation relative to marker.
Mouton et al., US 2016/0280393 A1, discloses method and a device for marking the ground for an aircraft in flight, and an aircraft including the device.
Ohtomo et al., US 9,020,666 B2, discloses taking-off and landing target instrument and automatic taking-off and landing system.
Conclusion
All claims are drawn to the same invention claimed in the application prior to the entry of the submission under 37 CFR 1.114 and could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. 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 extension fee 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 QUANG PHAM whose telephone number is (571)-270-3668. The examiner can normally be reached 09:00 AM - 05:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, QUAN-ZHEN WANG can be reached at (571)-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/QUANG PHAM/Primary Examiner, Art Unit 2685