DETAILED ACTION
Status of Claims
This action is in reply to the response received on 18 June 2026.
Claims 1, 11, and 18 are amended.
Claims 1-20 are pending and have been examined.
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 .
Information Disclosure Statement
The Information Disclosure Statement filed on 13 May 2026, has been considered. An initialed copy of the Forms 1449 is enclosed herewith.
Allowable Subject Matter
Claims 1-20 recite allowable subject matter and would be allowable if the claims were re-written, amended, or a Terminal Disclaimer filed, to overcome the Double Patenting rejection indicated in the Office Action below.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of US Patent No. 12,131,371, hereinafter referred to as ‘371.
It is noted that in the amended claims of the instant claims, the feature of parameterizing the processed image is the same as the claims of patent ‘371 of the feature of calculating, based on the processed image the user body measurement data.
Instant Claim 1
Claim 1 of Patent ‘371
A method comprising:
A method comprising:
acquiring anatomical data of a user using a personalized shopping assistant application on a mobile computing device, wherein, the mobile computing device is configured to capture anatomical data by:
displaying markings on a display of a mobile computing device to guide a user to allow an accurate scan of a part of a user’s body with respect to a reference object;
displaying markings on a display of the mobile computing device to guide the user to stand appropriately to allow an accurate scan of a part of a user's body with respect to a reference object;
obtaining an image of the part of the user’s body using a 3D scanner on an imaging module attached to or integrated with a back portion of the mobile computing device, wherein the 3D scanner is configured to scan the part of the user’s body;
automatically obtaining an image of the part of the user's body using a 3D scanner on an imaging module attached to or integrated with a back portion of the mobile computing device, wherein the 3D scanner is configured to scan the part of the user's body, and
wherein the image includes multidimensional geometrical data of the scanned part of the user's body;
processing the image to automatically identify one or more features of the part of the user’s body; and
processing the image to automatically identify one or more features of the part of the user's body using machine vision; and
parameterizing the processed image
to generate user body measurement data;
calculating, based on the processed image and with respect to the reference object and the mobile computing device,
user body measurement data of the part of the user's body;
generating a personalized user shopping avatar based on generating a model of the part of the user’s body, wherein the personalized user shopping avatar comprises user body measurement data calculated from the processed image;
generating, based on the user body measurement data, a personalized user shopping avatar based on generating a model of the part of the user's body, wherein the personalized user shopping avatar comprises the user body measurement data and user behavior data;
accessing, using the personalized shopping assistant application, product data from one or more product data sources;
generating at least one product recommendation based on matching one or more products from one or more product data sources to the personalized user shopping avatar;
generating at least one product recommendation based on matching one or more products from the one or more product data sources to the personalized user shopping avatar;
interactively presenting, on the display of the mobile computing device and using the personalized shopping assistant application, one or more matched products worn on the personalized user shopping avatar;
interactively presenting, on the display of the mobile computing device and using the personalized shopping assistant application, one or more matched products worn on the personalized user shopping avatar;
transmitting a prompt to a remote computing device associated with a sales associate at a point of sale to provide feedback in connection with the one or more matched products worn on the personalized user shopping avatar;
receiving, from a remote computing device, feedback relating to the one or more matched products worn on the personalized user shopping avatar; and
receiving, from the remote computing device associated with the sales associate, feedback relating to the one or more matched products worn on the personalized user shopping avatar; and
upon receiving the feedback, automatically generating an updated interactive presentation of the personalized user shopping avatar and one or more modified product recommendations in accordance with the feedback.
upon receiving the feedback, automatically generating an updated interactive presentation of the personalized user shopping avatar and one or more modified product recommendations in accordance with the feedback.
Instant Claim 2
Claim 1 of Patent ‘371
wherein processing the image comprises determining multidimensional geometrical data of the scanned part of the user’s body.
wherein the image includes multidimensional geometrical data of the scanned part of the user's body;
Claim 3 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 of US Patent No. 12,131,371, hereinafter referred to as ‘371, in view of Fonte, T., et al. (PGP No. US 2015/0055086 A1).
Instant Claim 3
Claim 1 of Patent ‘371
wherein processing the image includes using a machine learning engine to automatically recognize one or more body features.
processing the image to automatically identify one or more features of the part of the user's body using machine vision;
Patent ‘371 does not disclose:
the image includes using a machine learning engine, but Fonte does teach the feature (Fonte, see: paragraph [0031] teaching “automatically from image data, may be used to provide further information to customize products” and “learning algorithms that enable a product design to be altered to suit a particular user”; and paragraph [0052] teaching “a learning machine or predictor or prognostication machine” and “the user provided image data…to determine user preferences for custom eyewear properties”; and paragraph [0053] teaching “In accordance with another embodiment, a system and method are disclosed for learning from a body of data”).
This step of Fonte is applicable to the method of ‘371, as they both share characteristics and capabilities, namely, they are directed to displaying products that are wearable on a user’s digital model. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of ‘371, to include the features of wherein processing the image includes using a machine learning engine to automatically recognize one or more body features, as taught by Fonte.
Instant Claim 4
Claim 1 of Patent ‘371
wherein the feedback is received in response to transmitting a prompt to the remote computing device at a point of sale, and wherein the prompt includes an indication to provide feedback in connection with the one or more matched products worn on the personalized user shopping avatar.
transmitting a prompt to a remote computing device associated with a sales associate at a point of sale to provide feedback in connection with the one or more matched products worn on the personalized user shopping avatar;
Instant Claim 5
Claim 20 of Patent ‘371
wherein obtaining the image includes using a depth sensor of the imaging module to enable structured light used to provide a 3D scan of the part of the user’s body.
further comprising a depth sensor configured to provide 3D data that enables enhanced generation of a user anatomical profile for the model of the part of the user anatomy.
Instant Claim 6
Claim 18 of Patent ‘371
further comprising interactively presenting modifications to at least one product recommendation based on the feedback.
generate an updated interactive presentation of the personalized user shopping avatar and a modified personalized product offering in accordance with the feedback.
Instant Claim 7
Claim 8 of Patent ‘371
further comprising providing a product matching feedback from a social network.
further comprising providing a product matching feedback from a social network.
Instant Claim 8
Claims 2, 3, 16 of Patent ‘371
wherein generating the personalized user shopping avatar includes accessing user history data and user preference data and wherein the personalized user shopping avatar includes a predicted user preference based on user history data and user preference data.
further comprising accessing user history data,
further comprising accessing user preference data
further comprising modifying the personalized user shopping avatar in accordance with changes in one or more of user anatomical information, user anatomy data, user behavior, user history, user preferences, and social feedback.
Instant Claim 9
Claim 9 of Patent ‘371
generating a virtual simulation of one or more products based on the personalized user shopping avatar and based on additional personalized shopping avatars of other users sharing common features with the personalized user shopping avatar.
generating a virtual simulation of one or more products based on the personalized user shopping avatar and based on additional personalized shopping avatars of other users sharing common features with the personalized user shopping avatar.
Instant Claim 10
Claim 10 of Patent ‘371
modifying the personalized user shopping avatar in accordance with changes in one or more of user anatomical information, user anatomy data, user behavior, user history, user preferences, and social feedback.
modifying the personalized user shopping avatar in accordance with changes in one or more of user anatomical information, user anatomy data, user behavior, user history, user preferences, and social feedback.
Instant Claim 11
Claim 15 of Patent ‘371
A platform for personalized shopping, comprising:
A platform for personalized shopping, comprising:
a cloud-based server including a profile module, a product module, and a product matching module; and
a cloud based server including a profile module configured to generate a personalized shopping avatar based at least partially on anatomical profile data for multiple users, a product module configured to consolidate product data for multiple products, and a product matching module configured to match one or more products to one or more shopping avatars; and.
a personalized shopping assistant application running on a mobile computing device, wherein the mobile computing device includes an imaging module attached to or integrated with a back portion of the mobile computing device, wherein the imaging module includes a 3D scanner configured to scan at least a part of a user’s body and obtain image capture data and to enable anatomical profile data capture of a user to be used by the profile module to generate a personalized shopping avatar for the user;
a personalized shopping assistant application running on a mobile computing device, wherein the mobile computing device includes an imaging module attached to or integrated with a back portion of the mobile computing device, wherein the imaging module includes a 3D scanner configured to scan at least a part of a user's body and to enable anatomical profile data capture of a user to be used by the profile module to generate a personalized shopping avatar for the user;
wherein the mobile computing device is communicatively connected to the cloud-based server to communication image capture data to the cloud-based server;
wherein the mobile computing device is communicatively connected to the cloud based server; wherein image capture data and anatomical profile data are communicated to the cloud based server;
wherein the profile module is configured to generate a personalized shopping avatar based at least partially on image capture data from the mobile computing device by:
wherein the personalized shopping assistant application is configured to capture anatomical profile data of the user by:
displaying markings on a display of the mobile user's body with respect to a reference object;
automatically obtaining an image of the part of the user's body when the part is within the markings using the 3D scanner to scan the part of the user's body, wherein the image includes multidimensional anatomical data of the scanned part of the user's body;
processing the image capture data to automatically identify one or more features of the part of the user’s body; and
processing the image using machine vision to automatically identify one or more features of the part of the user's body;
calculating, based on the processed image and with respect to the reference object and the mobile computing device, user body measurement data of the part of the user's body; and
generating the personalized shopping avatar, wherein the personalized shopping avatar comprises a model of the part of the user’s body and user body measurement data calculated from the processed image capture data;
generating the personalized shopping avatar based on generating a model of the part of the user's body, wherein the personalized shopping avatar comprises the user body measurement data and user behavior data;
wherein the product matching module is configured to match one or more products to the personalized shopping avatar by:
wherein the product matching module is configured to match one or more products to the personalized shopping avatar by:
matching one or more products from consolidated product data to the personalized shopping avatar, and interactively presenting, on a display of the mobile computing device and using the personalized shopping assistant application, one or more matched products worn on the personalized shopping avatar;
matching one or more products from the consolidated product data to the user body measurement data and the user behavior data of the personalized shopping avatar, and wherein the personalized shopping assistant application is further configured to: the personalized shopping assistant application, one or more matched products worn on the personalized shopping avatar;
interactively presenting, on the display of the mobile computing device and using transmitting a prompt to a remote computing device associated with a sales associate at a point of sale to provide feedback in connection with the one or more matched products worn on the personalized shopping avatar;
receiving feedback relating to the one or more matched products worn on the personalized shopping avatar; and
receiving, from the remote computing device, feedback relating to the one or more matched products worn on the personalized shopping avatar; and
upon receiving the feedback, generating an updated interactive presentation of the personalized shopping avatar and one or more modified product recommendations in accordance with the feedback.
upon receiving the feedback, generating an updated interactive presentation of the personalized shopping avatar and one or more modified product recommendations in accordance with the feedback
Instant Claim 12
Claim 16 of Patent ‘371
wherein the personalized shopping assistant application further includes a personalized product ordering module configured to generate personalized product recommendations tailored to the personalized shopping avatar.
wherein the personalized shopping assistant application further includes a personalized product ordering module configured to generate personalized product recommendations.
Instant Claim 13
Claim 15 of Patent ‘371
wherein the personalized shopping assistant application is configured to capture anatomical profile data of the user by:
wherein the personalized shopping assistant application is configured to capture anatomical profile data of the user by:
displaying markings on a display of the mobile computing device to guide the user to stand appropriately to allow an accurate scan of a part of a user’s body with respect to a reference object; and.
displaying markings on a display of the mobile
automatically obtaining an image of the part of the user’s body when the part is within the markings using the 3D scanner to scan the part of the user’s body
automatically obtaining an image of the part of the user's body when the part is within the markings using the 3D scanner to scan the part of the user's body, wherein the image includes multidimensional anatomical data of the scanned part of the user's body;
Regarding claim 14, claim 14 is directed to a platform. Claim 14 recites limitations that are parallel in nature to those addressed above for claim 3 which is directed towards a method. Claim 14 is therefore rejected for the same reasons as set forth above for claim 3.
Instant Claim 15
Claim 15 of Patent ‘371
transmitting a prompt to a remote computing device at a point of sale, and wherein the prompt includes an indication to provide feedback in connection with the one or more matched products worn on the personalized shopping avatar for the user.
transmitting a prompt to a remote computing device associated with a sales associate at a point of sale to provide feedback in connection with the one or more matched products worn on the personalized shopping avatar;
Instant Claim 16
Claims 20 and 21 of Patent ‘371
wherein the personalized shopping assistant application further includes a social shopping module and a personalized product fitting module.
wherein the personalized shopping assistant application further includes a social shopping module
wherein the personalized shopping assistant application further includes a personalized product fitting module.
Instant Claim 17
Claims 15 of Patent ‘371
wherein calculating, based on the processed image capture data and with respect to a reference object and the mobile computing device, user body measurement data of the part of the user’s body.
calculating, based on the processed image and with respect to the reference object and the mobile
Regarding claim 18, claim 18 is directed to a mobile device. Claim 18 recites limitations that are similar in nature to those addressed above for claim 1 which is directed towards a method. Claim 18 also recites the feature of a touch screen, which is found in claim 22 of patent 371. Claim 18 is therefore rejected for the same reasons as set forth above for claim 1.
Instant Claim 19
Claim 23 of Patent ‘371
further comprising registers adapted to analyze one or more user history data and user preference data, and wherein the processor is further configured to receive additional the one or more user history data and user preference data to cause a modification to the personalized user shopping avatar
further comprising registers adapted to analyze one or more user history data and user preference data, and wherein the software application running on the mobile device is further configured to receive additional the one or more user history data and user preference data to cause a modification to the personalized user shopping avatar.
Instant Claim 20
Claim 24 of Patent ‘371
further comprising a depth sensor configured to provide 3D data that enables enhanced generation of a user anatomical profile for the model of the part of the user anatomy.
further comprising a depth sensor configured to provide 3D data that enables enhanced generation of a user anatomical profile for the model of the part of the user anatomy.
Reasons for Allowable Subject Matter
Eligibility considerations:
In light of the amendments to the claims, the claims recite eligible subject matter under 35 U.S.C. 101. Specifically, the claims now recite the features of:
displaying markings on a display of a mobile computing device to guide a user to allow an accurate scan of a part of a user's body with respect to a reference object; obtaining an image of the part of the user's body using a 3D scanner on an imaging module attached to or integrated with a back portion of the mobile computing device, wherein the 3D scanner is configured to scan the part of the user's body; processing the image to automatically identify one or more features of the part of the user's body; parameterizing the processed image to generate user body measurement data; and generating a personalized user shopping avatar based on generating a model of the part of the user's body, wherein the personalized user shopping avatar comprises the user body measurement data calculated from the processed image; generating at least one product recommendation based on matching one or more products from one or more product data sources to the personalized user shopping avatar; interactively presenting, on the display of the mobile computing device and using the personalized shopping assistant application, one or more matched products worn on the personalized user shopping avatar; receiving, from a remote computing device, feedback relating to the one or more matched products worn on the personalized user shopping avatar; and upon receiving the feedback, automatically generating an updated interactive presentation of the personalized user shopping avatar and one or more modified product recommendations in accordance with the feedback.
The amended claims, when considered under Step 2A, Prong 2 of the eligibility analysis, are recited in a manner that would integrate the abstract idea into a practical application. The claimed additional elements, considered in combination, are more than just merely applying the abstract idea with a generic computer or computing components. The claimed features in combination with the additional elements are claimed in a way that is more than just generic computing or more than just general computing steps. For example, the user device is used to guide the user by providing displayed markings to ensure that the user is positioned correctly for an accurate body scan with respect to a reference object. The body scan is captured by an imaging module that is integrated or attached with the mobile computing device, where the image that is captured is processed and parameterized to calculate the user’s body measurements, where the body measurement data is then used to create the personalized user avatar, where the interactive user avatar is ultimately updated based on further input via a separate remote computing device. It is also noted that the 3D scanner of an imaging module attached or integrated with the back portion of the mobile computing device used to scan the user’s body, parameterizing and calculating the body measurement data, and ultimately providing the generated avatar of the user, is considered to be a particular machine. As stated in MPEP 2106.05(b), a particular machine must be more than just merely applying the abstract idea, and must achieve performance of a method to integrate the abstract idea into a practical application. In this case, the 3D scanner of an imaging module that is integrated to the back portion of the computing device, is doing more than just applying the abstract idea with a generic computing component and is achieving the performance of the method steps, ultimately providing a personalized user avatar that can be interacted with and further updated by receiving input from a separate computing device. Therefore, the claims now recite eligible subject matter and are at least eligible under Step 2A, Prong 2 of the eligibility analysis, and thus the 101 rejection is withdrawn.
Prior Art Considerations:
Upon review of the evidence at hand, it is concluded that the totality of evidence in combination, neither anticipates, reasonably teaches, nor renders obvious the below noted features of the Applicant’s invention.
Regarding the independent claims, the features are as follows:
parameterizing the processed image to generate user body measurement data; and
wherein the personalized user shopping avatar comprises the user body measurement data calculated from the processed image
The most apposite prior art of record includes Piana, A. (PGP No. US 2014/0108208 A1), in view of Spector, D., et al. (PGP No. US 2014/0270540 A1), and Fonte, T., et al. (PGP No. US 2015/0055086 A1), to teach a method for personalized shopping.
First the reference of Piana describes a method for providing a personalized shopping experience by scanning a shopper and producing an image of the shopper to create an exact replica of the shopper’s body, including front, side, and back portions of the shopper (Piana, paragraphs [0015] and [0022]). The generated replica is a personalized avatar of the shopper that is then used to identify one or more parts of the shopper’s body including the body size or shape of the shopper (Piana, paragraphs [0005], [0015], [0017]). The generated avatar of the shopper, including specific body measurements of the shopper, can be used to virtually try-on a plurality of products of specific retailers and brands, displaying the products on the personalized avatar that now has the product that matches the specific shopper’s shape and body size displayed to the user, where the shopper has the option to purchase the products that have been tried on (Piana, see: paragraphs [0015], [0021]-[0023]). Piana also describes a live chat feature that shoppers can use to receive input from the retailer, where the retailer can view the avatar and give the shopper feedback (Piana, see: paragraph [0022]-[0023]). The shopper can then receive feedback from the retailer that might include whether or not the product fit, or if the product fit too tightly or too loose, allowing for the retailer to provide suggestions on other products or different sizes (Piana, see: paragraph [0022]). Although Piana does disclose the method for a personalized shopping experience that includes the generation of an avatar for a user to try on products and feature the products on their own personalized avatar, Piana does not specifically disclose or describe parameterizing the processed image to generate user body measurement data, and wherein the personalized user shopping avatar comprises the user body measurement data calculated from the processed image.
Next, the reference of Spector is relied upon to teach features of capturing an image of a user that is instructed to position themselves with respect to a target object in order to capture the digital image in an accurate manner, where Spector further describes that the instructions include one or more sets of markers to indicate proper positioning of the user (Spector, see: paragraphs [0050] and [0057], as well as FIG. 13). The digital image is processed by using image recognition to recognize specific reference markers, indicating features of the user, such as shoulders or other parts of the body, and can capture measurements using computer vision technology (Spector, see: paragraphs [0054] and [0086]). Further, Spector describes that the features captured in the images that are identified, such as the user’s body parts, are measured and understanding the images in real world to generate the specific numeral values of the measurements of body parts (Spector, see: paragraphs [0054] and [0202]). Although Spector discusses the features of capturing images of the user using instructions of positioning the user, as well as measuring body parts that are recognized in the image processing, Spector does not specifically disclose or discuss the allowable features related to creating a shopping avatar based on the calculated body measurement data that was parameterized and calculated from the image, and does not teach the features of wherein the personalized user shopping avatar comprises the user body measurement data calculated from the processed image.
The reference of Fonte is relied upon to teach features of an imaging device of a computing system that is used to capture image data of a user, where the imaging device is integrated and found on the back portion of a user’s handheld device (Fonte, see: paragraph [0157] and FIG. 20). Although Fonte describes the integrated imaging device of a handheld device, Fonte does not specifically say that the imaging device is part of a 3D scanner, nor does the reference discuss the allowable features of parameterizing the processed image to generate user body measurement data, and wherein the personalized user shopping avatar comprises the user body measurement data calculated from the processed image
The Examiner further emphasizes the claims as a whole and hereby asserts that the totality of the evidence fails to set forth, either explicitly or implicitly, an appropriate rationale for further modification of the evidence at hand to arrive at the claimed invention. Moreover, the combination of features of independent claims, would not have been obvious to one of ordinary skill in the art because any combination of evidence at hand to reach the combination of features as claimed would require substantial reconstruction of Applicant’s claimed invention relying on improper hindsight bias and resulting in an inappropriate combination.
It is hereby asserted by the Examiner, that in light of the above and in further deliberation over all of the evidence at hand, that the claims recite allowable subject matter as the evidence at hand does not anticipate the claims and does not render obvious any further modification of the references to a person of ordinary skill in the art.
Examiner’s Comment
The Examiner notes that the non-patent literature (NPL) document, titled 3D Virtual Fitting Room With Realistic Cloth Simulation From Fashion3D, published on retail-innovation.com (2014), documented on PTO-892 form as reference U, and hereinafter referred to as ‘3D Virtual’, renders a website that describes an application that utilizes a life-size screen mirror that uses augmented reality technology to overlay a shopper’s image with a 3D rendering of a clothing product, such as clothes, accessories, etc. The reference 3D Virtual, further describes the technology as “cutting edge” with 3D photo imaging that is more realistic with a more realistic representation of the shopper virtually trying on the products. Although 3D Virtual describes such features, the reference does not disclose or teach the allowable features that are stated above, and does not remedy the deficiencies of the noted prior art.
Response to Arguments
With respect to the claim objection and in light of the Applicant’s amendments filed on 18 June 2026, the claim objection regarding claim 11 is now withdrawn.
With respect to the nonstatutory double patenting rejection, the Applicant’s remarks filed on 18 June 2026 are fully considered. The claims remain rejected as being unpatentable over the claims of US Patent No. 12,131,371 for reasons given in the Office Action above.
With respect to the rejections made under 35 USC § 101, the Applicant’s arguments filed on 18 June 2026, have been fully considered. In light of the Applicant’s amendments to the claims, as well as the arguments filed, the Examiner agrees that the claims are now eligible, and therefore the 101 rejection is withdrawn.
With respect to the rejections made under 35 USC § 103, the Applicant’s arguments filed on 18 June 2026 have been fully considered, and in light of the Applicant’s amendments to the independent claims, the claims now recite allowable subject, and therefore the 103 rejection is withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ASHLEY PRESTON whose telephone number is (571)272-4399. The examiner can normally be reached M-F 9-5.
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/ASHLEY D PRESTON/Primary Examiner, Art Unit 3688
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