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 .
1. This office action, in response to the request for continued examination (RCE) and the amendment filed 4/14/2026, is a final office action.
Continued Examination Under 37 CFR 1.114
2. A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/14/2026 has been entered.
Response to Arguments
3. Independent claims 1, 11 and 23 have been amended. The previous limitation of “hardware state information” has been replaced with the limitation of “state information pertaining to hardware” in the claims. This new limitation is substantially the same as the previously recited limitation. Dehos et al (WO 2012/013218 A1) discloses these limitations for the reasons stated in the previous rejections of the claims. Dehos discloses a method to mitigate a non-linear effect in a communication system as stated in the abstract. Dehos discloses a set of parameters describing the non-linear effect is estimated at the receiving side and the estimated values are sent to the transmitter on a return channel. The transmitter uses those estimated values to predistort the signal upstream from the stage where the non-linear effect has occurred as stated in the abstract. Page 9, line 23 to page 10, line 6 discloses the non-linear characteristics are estimated as a list of parameters. The list of parameters define the function describing the non-linear effect induced by all of the components located between the predistortion means 313 and the non-linearity estimation means 337. Page 7, lines 8-22 discloses the LNA, mixer, A/D and downconverter are not shown but are present in figure 3. The list of parameters define the function describing the non-linear effect induced by all of these components. Therefore, the list of parameters will be the state information pertaining to hardware as recited in the claim.
Applicant states Dehos does not teach determining or providing hardware state information for individual hardware components as stated on page 8 of the remarks. The examiner disagrees that the limitations recited in the claims are not taught. Page 9, line 23 to page 10, line 6 of Dehos discloses the non-linear characteristics are estimated as a list of parameters. The list of parameters define the function describing the non-linear effect induced by all of the components located between the predistortion means 313 and the non-linearity estimation means 337. Page 7, lines 8-22 discloses the LNA, mixer, A/D and downconverter are not shown but are present in figure 3. The list of parameters define the function describing the non-linear effect induced by all of these hardware components. This is state information pertaining to hardware. The list of parameters will indicate the state of at least one of one or more hardware components of the transmitter or one or more hardware components of the receiver since the list of parameters will provide information regarding the state of the components that induce the non-linear effect that has been determined. The components are in the state that induces the corresponding non-linear effect determined by the receiver based on the received signal. The list of parameters is sent to the transmitter and provided to the predistortion means as stated on page 9, lines 23-25. The instant claims and the specification as originally filed does not provide an explicit definition of the term “state information pertaining to hardware”. Paragraphs 0025 and 0026 state that hardware state information (HSI) comprises information related to the hardware impairments in the RF chains of the transmitter 102 and receiver 202. Dehos discloses the set of parameters related to the hardware impairments that include imperfections due to power amplifier nonlinearities as stated above and in the previous rejections of the claims. Imperfections due to power amplifier nonlinearities are determined and sent to the transmitter since the list of parameters define the function describing the non-linear effect induced by all of the components located between the predistortion means 313 and the non-linearity estimation means 337 as stated in Dehos. The state of all the components located between these two elements will be state information pertaining to hardware and enables the transmitter to compensate for distortion caused by at least one or more hardware components of the transmitter or one or more hardware components of the receiver. All of the components will be one or more of the components.
Applicant states Dehos estimates parameters of a non-linear function describing an overall nonlinear effect across one or more stages and sends those parameters to derive a predistortion function (the inverse of) applied to the transmit signal and this is fundamentally different from the claimed HSI, which is tied to one or more hardware components of the transmitter and/or one or more hardware components of the receiver and is provided to enable compensation for distortion caused by those specific components not just an aggregate non-linear transfer function. Dehos does not disclose identifying or indicating which hardware components are in a particular state nor does it disclose hardware component-specific information such as amplifier bias state, gain settings or oscillator parameters, it only provides parameters of an abstract nonlinear mapping. Applicant further states Dehos discloses estimating parameters of a combined nonlinear transfer function across a chain (e.g., PA + LNA), sent for predistortion of the overall effect and not information tied to at least one or more hardware components as stated on page 9 of the remarks. The examiner disagrees. Dehos discloses a set of parameters describing the non-linear effect is estimated at the receiving side and the estimated values are sent to the transmitter on a return channel. The transmitter uses those estimated values to predistort the signal upstream from the stage where the non-linear effect has occurred as stated in the abstract. Page 9, line 23 to page 10, line 6 discloses the non-linear characteristics are estimated as a list of parameters. The list of parameters define the function describing the non-linear effect induced by all of the components located between the predistortion means 313 and the non-linearity estimation means 337. Page 7, lines 8-22 discloses the LNA, mixer, A/D and downconverter are not shown but are present in figure 3. The list of parameters define the function describing the non-linear effect induced by all of these components. Since the list of parameters define the function describing the non-linear effect, the nonlinear effect induced by all of the components will be a nonlinear effect induced by one or more hardware components. Therefore, the list of parameters will be the state information pertaining to hardware as recited in the claim.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., hardware component specific information such as amplifier bias state, gain settings or oscillator parameters) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Page 9, line 23 to page 10, line 6 of Dehos discloses the non-linear characteristics are estimated as a list of parameters. The list of parameters define the function describing the non-linear effect induced by all of the components located between the predistortion means 313 and the non-linearity estimation means 337. Page 7, lines 8-22 discloses the LNA, mixer, A/D and downconverter are not shown but are present in figure 3. The list of parameters define the function describing the non-linear effect induced by all of these components. Since the list of parameters define the function describing the non-linear effect, the nonlinear effect induced by all of the components will be a nonlinear effect induced by one or more hardware components
Independent claims 11 and 23 are rejected for the reasons stated above, the rejections stated in the previous office action and stated below.
The dependent claims are rejected for the reasons stated in the previous office action and stated below.
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims 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 even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claims 1, 2, 6, 11, 12, 16, 17, 19, 20 and 23 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Dehos et al (WO 2012/013218 A1).
Regarding claims 1 and 23, Dehos discloses a method performed by a receiver for hardware impairment compensation (Abstract: a set of parameters describing the nonlinear effect is estimated at the receiving side and the estimated values are sent to the transmitter on the return side. The transmitter then uses these estimated values to predistort the signal upstream of the stages where the nonlinear effect has occurred.) and a network node (Page 5, lines 14-27: a communication comprising a transmitter at a source terminal, a transmission channel and a receiver at a destination terminal. The term “terminal” should be understood here in its broadest sense and may encompass either a base station or a relay station.), the method comprising:
receiving a transmitted signal transmitted by a transmitter (Figure 3);
determining state information pertaining to hardware based on the received signal (Page 13, lines 19-27: as the receiver knows these symbols, it can estimate how they are distorted. Whereas channel estimation accounts for the linear response of the transmission channel, the non-linear estimation accounts for non-linear distortion of the transmitted signal. Page 1, lines 13-29: some components comprised in a communication system, either at the transmitter side, such as the power amplifier or at the receiver side, such as the low noise amplifier (LNA), may exhibit non-linear characteristics.); and
providing to the transmitter information indicating the state information pertaining to hardware (Page 9, lines 23-29: the non-linear characteristics are estimated as a list of parameters which is sent in digital form to the transmitter and provided to the predistortion means.),
wherein the state information pertaining to hardware comprises information that enables the transmitter to compensate for distortion caused by at least one of one or more hardware components of the transmitter or one or more hardware components of the receiver (Page 9, lines 23-29: It should be understood that if g is a function describing the non-linear effect, the list of parameters may define g or its inverse called the predistortion function used for predistorting the signal.).
Regarding claim 2, Dehos discloses wherein the information indicating the state information pertaining to hardware comprises information that enables the transmitter to determine coefficients for a pre-distortion function that is used to compensate for the distortion (Page 17, line 10 to page 18, line 6: more generally, it will be understood that the amplitude predistortion applied at the transmitter side can account for any non-linear effects affecting the amplitude of the signal downstream (i.e., not only the power amplifier). Similarly, phase compensation may be combined with phase predistortion to remove non-linear effects affecting the phase of the signal downstream. The complex coefficients are used to multiply the amplified signal so as the rectify the phase distortion introduced by the power amplifier.).
Regarding claim 6, Dehos discloses wherein the one or more hardware components of the transmitter comprises: a power amplifier; a filter; a digital-to-analog converter; or an oscillator (Page 17, line 10 to page 18, line 6: more generally, it will be understood that the amplitude predistortion applied at the transmitter side can account for any non-linear effects affecting the amplitude of the signal downstream (i.e., not only the power amplifier). Figure 1: DAC 120, oscillator 135 and filter are shown in the transmitter.).
Regarding claim 11, Dehos discloses a method performed by a transmitter (Abstract: a set of parameters describing the nonlinear effect is estimated at the receiving side and the estimated values are sent to the transmitter on the return side. The transmitter then uses these estimated values to predistort the signal upstream of the stages where the nonlinear effect has occurred.), the method comprising:
transmitting a signal to a receiver configured to receive the signal (Abstract: a set of parameters describing the nonlinear effect is estimated at the receiving side and the estimated values are sent to the transmitter on the return side. The transmitter then uses these estimated values to predistort the signal upstream of the stages where the nonlinear effect has occurred.);
receiving from the receiver information indicating state information pertaining to hardware determined by the receiver based on the received signal (Abstract: a set of parameters describing the nonlinear effect is estimated at the receiving side and the estimated values are sent to the transmitter on the return side. The transmitter then uses these estimated values to predistort the signal upstream of the stages where the nonlinear effect has occurred.);
and using the information indicating the state information pertaining to hardware to compensate for distortion caused by at least one of one or more hardware components of the transmitter or one or more hardware components of the receiver (Abstract: a set of parameters describing the nonlinear effect is estimated at the receiving side and the estimated values are sent to the transmitter on the return side. The transmitter then uses these estimated values to predistort the signal upstream of the stages where the nonlinear effect has occurred. Page 17, line 10 to page 18, line 6: more generally, it will be understood that the amplitude predistortion applied at the transmitter side can account for any non-linear effects affecting the amplitude of the signal downstream (i.e., not only the power amplifier).).
Regarding claim 12, Dehos discloses wherein using the information indicating the state information pertaining to hardware to compensate for the distortion comprises using the information indicating the state information pertaining to hardware to determine coefficients for a pre-distortion function that is used by the transmitter to compensate for the distortion (Page 17, line 10 to page 18, line 6: more generally, it will be understood that the amplitude predistortion applied at the transmitter side can account for any non-linear effects affecting the amplitude of the signal downstream (i.e., not only the power amplifier). Similarly, phase compensation may be combined with phase predistortion to remove non-linear effects affecting the phase of the signal downstream. The complex coefficients are used to multiply the amplified signal so as the rectify the phase distortion introduced by the power amplifier.).
Regarding claim 16, Dehos discloses after using the information indicating the state information pertaining to hardware to determine the coefficients for the pre-distortion function, applying the pre-distortion function with the determined coefficients to a baseband signal to produce a pre-distorted signal (Page 17, line 10 to page 18, line 6: more generally, it will be understood that the amplitude predistortion applied at the transmitter side can account for any non-linear effects affecting the amplitude of the signal downstream (i.ie., not only the power amplifier). Similarly, phase compensation may be combined with phase predistortion to remove non-linear effects affecting the phase of the signal downstream. The complex coefficients are used to multiply the amplified signal so as the rectify the phase distortion introduced by the power amplifier.).
Regarding claim 17, Dehos discloses wherein the pre-distorted signal is a digital signal and the method further comprises: converting the pre-distorted signal to an analog signal; using the analog signal and a modulator to produce a modulated signal; amplifying the modulated signal using a power amplifier, thereby producing an amplified signal; and transmitting the amplified signal (Figure 1 is the transmitter and comprises the DAC 120, modulators and filters shown. Page 9, lines 23-29: the non-linear characteristics are estimated as a list of parameters which is sent in digital form to the transmitter and provided to the predistortion means. Page 17, line 10 to page 18, line 6: more generally, it will be understood that the amplitude predistortion applied at the transmitter side can account for any non-linear effects affecting the amplitude of the signal downstream (i.e., not only the power amplifier).).
Regarding claim 19, Dehos discloses triggering the receiver to provide the information indicating the state information pertaining to hardware to the transmitter (The feedback signal to the transmitter is trigger by receiving the signal from the transmitter and processing that signal as shown in figure 3.).
Regarding claim 20, Dehos discloses wherein the triggering is performed as a result of a change in a working condition of the transmitter (The feedback signal to the transmitter is trigger by receiving the signal from the transmitter and processing that received signal as shown in figure 3. The feedback signal will be used to update the predistortion means. This will change the previous working conditions of the predistortion means to the updated working conditions.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
5. Claims 3-5, 7-10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Dehos et al (WO 2012/013218 A1) in view of McCormick et al (US 11,671,123).
Regarding claims 3 and 13, Dehos discloses the method stated above. Dehos discloses parameters are determined that correspond to the distortion caused by the hardware components and uses those parameters to compensate for that distortion in the predistorter. Dehos does not recite that a model is used to carry out these functions.
McCormick discloses the communication system shown in figures 4 and 10. The transmitter includes a predistortion actuator 402 and a plurality of power amplifiers for transmitting a signal to a receiver. The receiver 430 receives the transmitted signal. The received signal is processed and a feedback signal is provided back to the transmitter via a feedback data link 416. The feedback signal is utilized by the transmitter to update the predistortion activator as shown in the figures. McCormick further discloses the predistortion actuator can be configured to generate the output signal by applying a correction to the carrier-modulated input signal that cancels out nonlinearities. The predistortion actuator can include a behavioral model or generalized memory functions (GMF) model. The predistortion actuator can include a plurality of look-up table values that can include parameters of the behavioral model or GMF model as stated in column 2, lines 1-20. Column 2, lines 21-30 discloses the system can further include an adaptation engine electronically coupled to the predistortion actuator and a receiver configured to receive the output signal and to generate a feedback signal based on the output signal. The adaptation engine is configured to update the predistortion actuator based on the feedback to yield an updated predistortion actuator. The adaption engine can be configured to use a combination of direct learning and indirect learning to improve the predistortion actuator in column 2, lines 31-40. The nonlinearities can be associated with the phase antenna array, the power amplifiers and the coupling between the antenna elements as stated in column 2, lines 48-54. Therefore, McCormick discloses the feedback information providing these updates comprise model parameters and enable the transmitter to determine the model parameters. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of using a model and model parameters to update the predistortion means based on a feedback signal from a receiver of McCormick into the predistortion system of Dehos. The behavioral model or GMF model being utilized will allow for more accurate updates to take place in the predistortion means and improve function of the communication system.
Regarding claims 4 and 14, the combination discloses the information enabling the transmitter to determine the model parameters, and the information enabling the transmitter to determine the model parameters comprises information pertaining to the received signal (Dehos: Page 9, lines 23-29: the non-linear characteristics are estimated as a list of parameters which is sent in digital form to the transmitter and provided to the predistortion means. Page 9, lines 23-29: It should be understood that if g is a function describing the non-linear effect, the list of parameters may define g or its inverse called the predistortion function used for predistorting the signal. McCormick: Column 2, lines 1-30: the predistortion actuator can be configured to generate the output signal by applying a correction to the carrier-modulated input signal that cancels out nonlinearities. The predistortion actuator can include a behavioral model or generalized memory functions (GMF) model. The predistortion actuator can include a plurality of look-up table values that can include parameters of the behavioral model or GMF model. The system can further include an adaptation engine electronically coupled to the predistortion actuator and a receiver configured to receive the output signal and to generate a feedback signal based on the output signal. The adaptation engine is configured to update the predistortion actuator based on the feedback to yield an updated predistortion actuator.).
Regarding claims 5 and 15, the combination discloses wherein information pertaining to the received signal comprises at least one of: information indicating a phase shift between the transmitted signal and the received signal, or information indicating an amplitude change between the transmitted signal the received signal (Dehos: Page 17, line 10 to page 18, line 6: more generally, it will be understood that the amplitude predistortion applied at the transmitter side can account for any non-linear effects affecting the amplitude of the signal downstream (i.ie., not only the power amplifier). Similarly, phase compensation may be combined with phase predistortion to remove non-linear effects affecting the phase of the signal downstream. The complex coefficients are used to multiply the amplified signal so as the rectify the phase distortion introduced by the power amplifier. McCormick: Column 2, lines 1-30: the predistortion actuator can be configured to generate the output signal by applying a correction to the carrier-modulated input signal that cancels out nonlinearities. The predistortion actuator can include a behavioral model or generalized memory functions (GMF) model. The predistortion actuator can include a plurality of look-up table values that can include parameters of the behavioral model or GMF model. The system can further include an adaptation engine electronically coupled to the predistortion actuator and a receiver configured to receive the output signal and to generate a feedback signal based on the output signal. The adaptation engine is configured to update the predistortion actuator based on the feedback to yield an updated predistortion actuator.).
Regarding claim 7, Dehos discloses the method stated above. Dehos discloses parameters are determined that correspond to the distortion caused by the hardware components and uses those parameters to compensate for that distortion in the predistorter. Dehos does not recite that a model is used to carry out these functions.
McCormick discloses the communication system shown in figures 4 and 10. The transmitter includes a predistortion actuator 402 and a plurality of power amplifiers for transmitting a signal to a receiver. The receiver 430 receives the transmitted signal. The received signal is processed and a feedback signal is provided back to the transmitter via a feedback data link 416. The feedback signal is utilized by the transmitter to update the predistortion activator as shown in the figures. McCormick further discloses the predistortion actuator can be configured to generate the output signal by applying a correction to the carrier-modulated input signal that cancels out nonlinearities. The predistortion actuator can include a behavioral model or generalized memory functions (GMF) model. The predistortion actuator can include a plurality of look-up table values that can include parameters of the behavioral model or GMF model as stated in column 2, lines 1-20. Column 2, lines 21-30 discloses the system can further include an adaptation engine electronically coupled to the predistortion actuator and a receiver configured to receive the output signal and to generate a feedback signal based on the output signal. The adaptation engine is configured to update the predistortion actuator based on the feedback to yield an updated predistortion actuator. The adaption engine can be configured to use a combination of direct learning and indirect learning to improve the predistortion actuator in column 2, lines 31-40. The nonlinearities can be associated with the phase antenna array, the power amplifiers and the coupling between the antenna elements as stated in column 2, lines 48-54. Therefore, McCormick discloses the feedback information providing these updates comprise model parameters and enable the transmitter to determine the model parameters. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of using a model and model parameters to update the predistortion means based on a feedback signal from a receiver of McCormick into the predistortion system of Dehos. The behavioral model or GMF model being utilized will allow for more accurate updates to take place in the predistortion means and improve function of the communication system.
Regarding claim 8, the combination discloses wherein the signal transmitted by the transmitter is a reference signal known to the receiver prior to the transmission (Dehos: Page 13, lines 19-27: as the receiver knows these symbols, it can estimate how they are distorted. Whereas channel estimation accounts for the linear response of the transmission channel, the non-linear estimation accounts for non-linear distortion of the transmitted signal. Page 1, lines 13-29: some components comprised in a communication system, either at the transmitter side, such as the power amplifier or at the receiver side, such as the low noise amplifier (LNA), may exhibit non-linear characteristics.).
Regarding claim 9, the combination discloses determining the parameter values of the parametrized model comprises: applying the model to the received signal to produce a model output signal; and using the received signal and the model output signal to determine the parameter values of the parametrized model (McCormick: Column 2, lines 1-30: the predistortion actuator can be configured to generate the output signal by applying a correction to the carrier-modulated input signal that cancels out nonlinearities. The predistortion actuator can include a behavioral model or generalized memory functions (GMF) model. The predistortion actuator can include a plurality of look-up table values that can include parameters of the behavioral model or GMF model. The system can further include an adaptation engine electronically coupled to the predistortion actuator and a receiver configured to receive the output signal and to generate a feedback signal based on the output signal. The adaptation engine is configured to update the predistortion actuator based on the feedback to yield an updated predistortion actuator.).
Regarding claim 10, the combination discloses wherein using the received signal and the model output signal to determine the parameter values of the parametrized model comprises determining parameter values of the parametrized model that minimize a difference metric between the received signal and the model output signal produced by the parametrized model (Dehos: Page 17, line 10 to page 18, line 6: more generally, it will be understood that the amplitude predistortion applied at the transmitter side can account for any non-linear effects affecting the amplitude of the signal downstream (i.e., not only the power amplifier). Similarly, phase compensation may be combined with phase predistortion to remove non-linear effects affecting the phase of the signal downstream. The complex coefficients are used to multiply the amplified signal so as the rectify the phase distortion introduced by the power amplifier. McCormick: Column 2, lines 1-30: the predistortion actuator can be configured to generate the output signal by applying a correction to the carrier-modulated input signal that cancels out nonlinearities. The predistortion actuator can include a behavioral model or generalized memory functions (GMF) model. The predistortion actuator can include a plurality of look-up table values that can include parameters of the behavioral model or GMF model. The system can further include an adaptation engine electronically coupled to the predistortion actuator and a receiver configured to receive the output signal and to generate a feedback signal based on the output signal. The adaptation engine is configured to update the predistortion actuator based on the feedback to yield an updated predistortion actuator.).
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims 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 even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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 KEVIN M. BURD whose telephone number is (571)272-3008. The examiner can normally be reached 9:30 - 5:00.
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/KEVIN M BURD/Primary Examiner, Art Unit 2632 5/5/2026
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