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 .
Application Status
Present office action is in response to the amendment filed 06/24/2026. Claims 1, 7, and 8 are amended. Claims 2-3 are cancelled. Claims 10-11 are added. Claims 1 and 4-11 are currently pending in the application.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1 and 4-11 are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more.
In regard to independent claim 7 analyzed as representative of the claimed subject matter:
Step 1: Statutory Category?
Independent Claim 7 recites “A computer implemented method comprising:”. Independent Claim 7 falls within the “process” category of 35 U.S.C. § 101.
Step 2A – Prong 1: Judicial Exception Recited?
The Independent Claim 7/Revised 2019 Guidance Table below identifies in italics the specific claim limitations found to recite an abstract idea, in bold the additional (non-abstract) claim limitations that are generic computer components and underline limitations representing extra or post-solution activity.
Independent Claim 7
Revised 2019 Guidance
A behavior support method executed in a behavior support device that supports behavior change of a subject, the behavior support method comprising:
A process (method) is a statutory
subject matter class. See 35 U.S.C.
§ 101 (“Whoever invents or
discovers any new and useful
process, machine, manufacture, or
composition of matter, or any new
and useful improvement thereof,
may obtain a patent therefor, subject
to the conditions and requirements of
this title.”).
The “behavior support device” is an additional non-abstract limitation.
[L1a] based on a storage unit comprising a computer-readable storage medium storing a frame that defines a plurality of behavior change techniques, each behavior change technique being associated with a respective predetermined vector quantifying its action on one or more behavior change factors of a plurality of behavior change factors, wherein the predetermined vector comprises numerical values representing intensity of action on each behavior change factor, and wherein the predetermined vector is absent personal information of the subject and a plurality of message groups, each of which is linked to a behavior change technique of the plurality of behavior change techniques, and each message group includes one or more messages,
The “storage unit comprising a computer-readable storage medium” and “frame” are additional non-abstract limitations.
“Storing a frame that defines a plurality of behavior change techniques …” is an additional element that adds insignificant extra-solution activity to the judicial exception, e.g., mere data gathering. See January 2019 Memorandum, 84 Fed. Reg. 55, n. 31.
Alternatively, “storing … a plurality of behavior change techniques …”” could be performed as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion) and a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)” to the extent that a person could memorize or write down information.
[L1b] selecting from among the plurality of behavior change techniques that, according to the frame, act only on a single respective behavior change factor, the selected techniques together covering all of the plurality of behavior change factors;
The “frame” is an additional non-abstract limitation.
“Selecting from among the plurality of behavior change techniques that act only on a specific behavior change factor a plurality of behavior change techniques …”” could be performed as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion) and a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)” to the extent that a person could visually, and/or verbally, and/or in writing select/filter information.
[L2] extracting a message from each of the message groups associated with the selected behavior change techniques, and
“Extracting a message from each of one or more message groups of a plurality of respective message groups…” could be performed as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion) and a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)” to the extent that a person could extract information through observation of presented information.
[L3a] generating a message set including the extracted message
“Generating a message set …” could be performed alternatively as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion) and a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)” to the extent that a person could generate a message set verbally and/or in writing.
[L3b] wherein the messages are extracted by: preferentially choosing high-impact messages from each of the one or more message groups based on historical response data;
“Preferentially choosing high-impact messages from each of the one or more message groups” could be performed alternatively as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion) and a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)” to the extent that a person could choose/filter high-impact messages as part on evaluation, judgment, opinion.
[L3c] maintaining a predefined probability of random selection to avoid bias;
“Maintaining a predefined probability of random selection” could be performed alternatively as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion), a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”, and mathematical concepts to the extent that a person could maintain a predefined probability of random selection as part on evaluation, judgment, opinion and/or using a particular formula (see originally filed specification, ¶ 34).
[L3d] performing control so that the message in the message set is output to the subject in one or more batches
“[O]utput … the message in the message set… to the subject …” is an additional element that adds insignificant extra-solution activity to the judicial exception, e.g., data output/presentation. See January 2019 Memorandum, 84 Fed. Reg. 55, n. 31.
Alternatively, ““output … the message in the message set… to the subject in one or more batches” could be performed alternatively as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion) and a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)” to the extent that a person could provide/output the message verbally and/or in writing.
[L3e] setting a target area in the coordinate system and the coordinates of the subject;
“setting a target area in the coordinate system and the coordinates of the subject;” could be performed alternatively as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion), a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)”, and mathematical concepts to the extent that a person could set a target area in the coordinate system and the coordinates of the subject (see originally filed specification, ¶¶ 45, 46, 48-53, 45-57, 59, 65 49).
[L3f] acquiring response information to the output message from the subject;
“acquiring response information to the output message from the subject …” is an additional element that adds insignificant extra-solution activity to the judicial exception, e.g., data gathering. See January 2019 Memorandum, 84 Fed. Reg. 55, n. 31.
[L3g] extracting a behavior change factor responded to by the subject from whom the response information has been acquired among the plurality of behavior change factors based on the response information
“extracting a behavior change factor responded to by the subject …” is an additional element that adds insignificant extra-solution activity to the judicial exception, e.g., data gathering. See January 2019 Memorandum, 84 Fed. Reg. 55, n. 31.
Alternatively, “extracting a behavior change factor responded to by the subject …” could be performed alternatively as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion) and a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions)” to the extent that a person could read a response and mentally extract information as a result of evaluation/opinion/judgement.
[L3h] generating, for the subject from whom the response information has been acquired, a second message set based on the current coordinates of the subject and the target area.
“generating, for the subject from whom the response information has been acquired, a second message set based on the current coordinates of the subject and the target area;” could be performed alternatively as a mental process, i.e., concept performed in the human mind or using pencil and paper (including an observation, evaluation, judgment, opinion), a “[c]ertain method[] of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions) to the extent that a person could generate a message verbally and/pr in writing as a result of evaluation/opinion/judgement.
The claimed invention relates to behavioral science. See originally filed Specification, ¶ 3. By definition, behavioral science studies human behavior through systematic experimentation to understand, predict, and influence actions. It is apparent that, other than reciting the “behavior support device”, “storage unit comprising a computer-readable storage medium” and “frame” are additional non-abstract limitations noted in the Independent Claim 7/Revised 2019 Guidance Table above, nothing in the claim precludes the steps from practically being performed by a human as a certain method of organizing human activity. . . managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions), in the mind, and/or using pen and paper. The mere nominal recitation of the “behavior support device”, “storage unit comprising a computer-readable storage medium” and “frame” and automation of a manual process does not take the claim out of the certain method of organizing human activity and mental processes groupings. Accordingly, the claim recites an abstract idea under Step 2A: Prong 1. (Step 2A – Prong 1: YES).
Step 2A – Prong 2: Integrated into a Practical Application?
The body of the claim, as noted in the Independent Claim 7/Revised 2019 Guidance Table above, recites the additional limitations of the “behavior support device”, “storage unit comprising a computer-readable storage medium” and “frame”. The originally filed Specification provides supporting exemplary descriptions of generic computer components: at least pages: ¶ 17: FIG. 1 is a table illustrating a frame in which behavior change factors are associated with behavior change techniques in a matrix form; ¶ 34: a reinforcement learning method such as the Epsilon-Greedy method may be used to extract a message from each message group …; ¶ 68: The behavior support device 10 is an information processing device that provides the terminal 20 with a message using a nudge based on a behavior change factor that encourages behavior change of a subject; ¶ 69: The terminal 20 is a terminal used by a subject for behavior change, and it is sufficient that the terminal 20 is, for example, various information devices such as a smartphone, a mobile phone, a tablet, and a personal computer. The terminal 20 is something that can use a function for receiving messages such as short messages and e-mails, for example, various social network services (SNSs) such as LINE (registered trademark); ¶ 70: each device in the behavior support system 1 (e.g., each of the behavior support device 10 and the terminal 20) has a processor 11 such as a CPU (Central Processing Unit) corresponding to an arithmetic unit, a storage device 12, a communication device 13, and an input/output device 14. These components are connected to each other via a bus so as to be able to transmit and receive data; ¶ 71: … a CPU (Central Processing Unit), and is a control unit that performs control related to the execution of a program stored in the storage device 12, and the operation and processing of data. The processor 11 receives various input data from the input/output device 14 and/or the communication device 13, and outputs (e.g., displays) an operation result of the input data to the input/output device 14, stores it in the storage device 12, or transmits it via the communication device 13; ¶ 72: The storage device 12 is at least one of a memory, an HDD (Hard Disk Drive), and an SSD (Solid State Drive). The storage device 12 of the behavior support device 10 may store a behavior support program executed by the processor 11. The storage device 12 may be referred to as a “storage unit” or the like; ¶ 77: The behavior support program can be stored in a storage medium. The storage medium on which the program is stored may be a non-transitory computer readable medium. The non-transitory storage medium is not particularly limited, but may be, for example, a storage medium such as a USB memory or a CD-ROM. The storage unit 103 can be implemented using the storage device 12. The lack of details about the “behavior support device”, “storage unit comprising a computer-readable storage medium” and “frame” indicates that the above-mentioned additional elements are generic, or part of generic computer elements performing or being used in performing the generic functions claimed. The claim does not change the way in which each of the recited “behavior support device”, “storage unit comprising a computer-readable storage medium” and “frame” performs its tasks, the claim simply uses each component for its ordinary purpose to carry out the abstract idea of supporting behavior change of a subject. See Intellectual Ventures I LLC v. Erie Indem. Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017) (“The claimed mobile interface is so lacking in implementation details that it amounts to merely a generic component (software, hardware, or firmware) that permits the performance of the abstract idea, i.e., to retrieve the user-specific resources.”). The claim does not recite (i) an improvement to the functionality of a computer or other technology or technical field (see MPEP § 2106.05(a)); (ii) a “particular machine” to apply or use the judicial exception (see MPEP § 2106.05(b)); (iii) a particular transformation of an article to a different thing or state (see MPEP § 2106.05(c)); or (iv) any other meaningful limitation (see MPEP § 2106.05(e)). See 84 Fed. Reg. at 55. The claimed invention merely implements the abstract idea using instructions executed on generic computer components, as shown in bold above, and as supported in the above noted pertinent portions of the originally filed Specification. The instant claim merely uses a programmed computer as a tool to perform an abstract idea. See MPEP § 2106.05(f). The additional limitations noted above, [[L1a] “storing a plurality of message groups…” (i.e., data gathering), and [L3d] “[O]utput … the message in the message set… to the subject in one or more batches” (i.e., output/presentation), [L3f] “acquiring response information …” (i.e., data gathering), and [L3g] “extracting a behavior change factor …” (i.e., data gathering) reflect the type of extra-solution activity (i.e., activities in addition to the judicial exception) the courts have determined insufficient to transform judicially excepted subject matter into a patent-eligible application when they are claimed in a merely generic manner. See MPEP § 2106.05(g); see, e.g., CyberSource Corp. v. Retail Decisions, Inc., 654 F.3d 1366, 1370 (Fed. Cir. 2011) (“We have held that mere ‘[data-gathering] step[s] cannot make an otherwise nonstatutory claim statutory.”’ (alterations in original) (quoting In re Grams, 888 F.2d 835, 840 (Fed. Cir. 1989))); see also Elec. Power, 830 F.3d at 1354 (“[W]e have recognized that merely presenting the results of abstract processes of collecting and analyzing information, without more (such as identifying a particular tool for presentation), is abstract as an ancillary part of such collection and analysis.”). The instant claim as a whole merely uses computer instructions to implement the abstract idea on a computer or, alternatively, merely uses a computer as a tool to perform the abstract idea. The claim limitations amount to merely indicating a field of use or technological environment (a computer) in which to apply a judicial exception and, as such, cannot integrate the judicial exception into a practical application. See MPEP § 2106.05(h). Hence, as per MPEP §§ 2106.05(a)–(c), (e)–(h), the additional elements in claim 7, namely the “behavior support device”, “storage unit comprising a computer-readable storage medium” and “frame” do not, either individually or in combination, integrate the abstract idea into a practical application. Because the abstract idea is not integrated into a practical application, the claim is directed to the judicial exception. (Step 2A, Prong 2: NO).
Step 2B: Claim provides an Inventive Concept?
As discussed with respect to Step 2A Prong Two, the additional element in the claim amounts to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in Step 2B, i.e., mere instructions to apply an exception using generic computer components cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The fact that the Specification does not further describe the “behavior support device”, “storage unit comprising a computer-readable storage medium” and “frame”, indicates that the additional element is sufficiently well-known that the specification does not need to describe the particulars of such additional element to satisfy 35 U.S.C. § 112(a). See MPEP 2106.05(d), as modified by the USPTO Berkheimer Memorandum. Hence, the additional elements are generic, well-understood, routine, and conventional computing elements. Taking the claim elements separately, the function performed by the computer at each step of the process is purely conventional. Using a computer for storing, selecting, extracting, generating, choosing, maintaining, outputting, setting, extracting, and generating data amounts to electronic data query and retrieval—one of the most basic functions of a computer. All of these computer functions are generic, routine, conventional computer activities that are performed only for their conventional uses. See Elec. Power Grp. LLC v. Alstom S.A., 830 F.3d 1350, 1353 (Fed. Cir. 2016). See also In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1303, 1316 (Fed. Cir. 2011) (“Absent a possible narrower construction of the terms ‘processing,’ ‘receiving,’ and ‘storing,’ . . . those functions can be achieved by any general purpose computer without special programming.”). None of these activities is used in some unconventional manner nor does any produce some unexpected result. Applicant does not contend it invented any of these activities. In short, each step does no more than require a generic computer to perform generic computer functions. As to the data operated upon, “even if a process of collecting and analyzing information is ‘limited to particular content’ or a particular ‘source,’ that limitation does not make the collection and analysis other than abstract.” SAP America, Inc. v. InvestPic LLC, 898 F.3d 1161, 1168 (Fed. Cir. 2018) (citation omitted).
Considered as an ordered combination, the computer components of representative claim 7 add nothing that is not already present when the steps are considered separately. The sequence of storing, selecting, extracting, generating, choosing, maintaining, outputting, setting, extracting, and generating data is equally generic and conventional. See Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 715 (Fed. Cir. 2014) (sequence of receiving, selecting, offering for exchange, display, allowing access, and receiving payment recited an abstraction), Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., 876 F.3d 1372, 1378 (Fed. Cir. 2017) (sequence of data retrieval, analysis, modification, generation, display, and transmission), Two-Way Media Ltd. v. Comcast Cable Communications, LLC, 874 F.3d 1329, 1339 (Fed. Cir. 2017) (sequence of processing, routing, controlling, and monitoring), Miller Mendel, Inc. v. City of Anna, Texas, 107 F.4th 1345, 1351 (Fed. Cir. 2024) (sequence of receiving, storing, transmitting, determining, selecting, and generating information). The ordering of the steps is therefore ordinary and conventional.
Hence, the additional elements are generic, well-known, and conventional computing elements. The use of the additional elements either alone or in combination amounts to no more than mere instructions to apply the judicial exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept, and thus the claims are patent ineligible. (Step 2B: NO).
In regard to independent Claim 1:
Independent claim 1 recites “a behavior support system, which falls within the “machine” category of 35 U.S.C. § 101. The claim recites a behavior support system that supports behavior change of a subject, the behavior support system comprising generic computer elements performing steps similar to those of representative independent Claim 7. As a result, independent claim 1 is rejected similarly to representative independent Claim 7.
In regard to independent Claim 8:
Independent claim 8 is a computer-readable non-transitory storage medium, which falls within the “manufacture” category of 35 U.S.C. § 101. The claim recites a computer-readable non-transitory storage medium storing program that a computer which supports behavior change of a subject is caused to execute, the behavior support program causing the computer to execute steps similar to those of representative independent Claim 7. As a result, independent claim 8 is rejected similarly to representative independent Claim 7.
In regard to the dependent claims:
Dependent claims 4-6 and 9-11 include all the limitations of independent claim 1 from which they depend and as such recite the same abstract idea(s) noted above for claim 1. None of the additional claim activities is used in some unconventional manner nor does any produce some unexpected result. An invocation to use known technology in the manner it is intended to be used for its ordinary purpose is both generic and conventional. As per MPEP §§ 2106.05(a)–(c), (e)–(h), none of the limitations of claims 4-6 and 9-11 integrates the judicial exception into a practical application. While dependent claims 4-6 and 9-11 may have a narrower scope than independent Claim 1, no claim contains an “inventive concept” that transforms the corresponding claim into a patent-eligible application of the otherwise ineligible abstract idea(s). Therefore, dependent claims 4-6 and 9-11 are not drawn to patent eligible subject matter as they are directed to (an) abstract idea(s) without significantly more.
Response to Arguments
Claim Rejection - 35 USC § 101
Applicant makes a number of “improvement assertions”: “the claims, as amended, are understood to be patent eligible because the combination of steps recited in the claims integrates the recited judicial exception into a practical application that provides a specific, tangible improvement to behavior support systems” (page 9); ” Taken together, these features represent a concrete improvement to the operation of the behavior support system itself, not merely the use of generic computing components”, that “the claims define a specialized dynamic feedback protocol that improves the responsiveness and adaptability of the system” and that the claim “features represent a concrete improvement to the operation of the behavior support system itself, not merely the use of generic computing components” . Applicant’s arguments have been fully considered but they are not persuasive as shown below.
To determine whether the invention provides an improvement in a technical field, the MPEP, as revised in the Advance Notice, explains that “first the specification should be evaluated to determine if the disclosure provides sufficient details such that one of ordinary skill in the art would recognize the claimed invention as providing an improvement in the functioning of a computer, or an improvement to other technology or a technical field.” Advance Notice 2 (citing Ex parte Desjardins, Appeal No. 2024-000567 (PTAB Appeals Rev. Panel Sept. 26, 2025) (precedential)) (underlining omitted). The MPEP notes that the invention should not be found to improve technology or a technical field “if the specification explicitly sets forth an improvement only in a conclusory manner (i.e., a bare assertion of an improvement without the detail necessary to be apparent to a person of ordinary skill in the art).” Id. (underlining and strikethrough omitted). “If the specification sets forth an improvement in technology or a technical field, the claim must be evaluated to ensure that the claim itself reflects the disclosed improvement.” Id. (underlining omitted). The Specification does not describe how the claimed method improves “behavior support systems”, “operation of the behavior support system itself”, or “responsiveness and adaptability of the system”. It is also not clear from the specification that a person having ordinary skill in the art would have found it apparent that the claimed invention provides Applicant’s asserted improvement.
Applicant then argues that “the Office Action overgeneralizes the claims by
characterizing them as merely being directed to a manual process of organizing human activity or a mental process”. However, the rejection addresses each of the claim limitation individually and as a whole. Applicant’s argument is unavailing. As noted in the rejections above, taking the claim elements separately, the function performed by the computer at each step of the process is purely conventional. Using a computer for storing, selecting, extracting, generating, choosing, maintaining, outputting, setting, extracting, and generating data amounts to electronic data query and retrieval—one of the most basic functions of a computer. All of these computer functions are generic, routine, conventional computer activities that are performed only for their conventional uses. See Elec. Power Grp. LLC v. Alstom S.A., 830 F.3d 1350, 1353 (Fed. Cir. 2016). See also In re Katz Interactive Call Processing Patent Litig., 639 F.3d 1303, 1316 (Fed. Cir. 2011) (“Absent a possible narrower construction of the terms ‘processing,’ ‘receiving,’ and ‘storing,’ . . . those functions can be achieved by any general purpose computer without special programming.”). None of these activities is used in some unconventional manner nor does any produce some unexpected result. Applicant does not contend it invented any of these activities. In short, each step does no more than require a generic computer to perform generic computer functions. As to the data operated upon, “even if a process of collecting and analyzing information is ‘limited to particular content’ or a particular ‘source,’ that limitation does not make the collection and analysis other than abstract.” SAP America, Inc. v. InvestPic LLC, 898 F.3d 1161, 1168 (Fed. Cir. 2018) (citation omitted). Considered as an ordered combination, the computer components of representative claim 7 add nothing that is not already present when the steps are considered separately. The sequence of storing, selecting, extracting, generating, choosing, maintaining, outputting, setting, extracting, and generating data is equally generic and conventional. See Ultramercial, Inc. v. Hulu, LLC, 772 F.3d 709, 715 (Fed. Cir. 2014) (sequence of receiving, selecting, offering for exchange, display, allowing access, and receiving payment recited an abstraction), Inventor Holdings, LLC v. Bed Bath & Beyond, Inc., 876 F.3d 1372, 1378 (Fed. Cir. 2017) (sequence of data retrieval, analysis, modification, generation, display, and transmission), Two-Way Media Ltd. v. Comcast Cable Communications, LLC, 874 F.3d 1329, 1339 (Fed. Cir. 2017) (sequence of processing, routing, controlling, and monitoring), Miller Mendel, Inc. v. City of Anna, Texas, 107 F.4th 1345, 1351 (Fed. Cir. 2024) (sequence of receiving, storing, transmitting, determining, selecting, and generating information). The ordering of the steps is therefore ordinary and conventional.
While Applicant further argues that claim “operations define a particular technique for constructing and dynamically adapting data outputs based on continuous multidimensional coordinate tracking, rather than a fundamental method of organizing human activity. Accordingly, the claims are not directed to an abstract idea”, there are no technical details claim to support Applicant’s arguments.
In view of the foregoing, the Examiner maintains that each of Applicant’s pending claims 1 and 4-11 considered as a whole, is directed to a patent-ineligible abstract idea that is not integrated into a practical application, and does not include an inventive concept.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/EDDY SAINT-VIL/Primary Examiner, Art Unit 3715
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