DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This Office Action is in response to the application filed on 17 July 2026. Claims 1-20 are presently pending and are presented for examination.
Priority
Acknowledgement is made of applicant’s claim for foreign priority based on an application KR10-2024-0024307 filed in Republic of Korea on 20 February 2024.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome potential future rejections made using references falling between the filing date and the foreign priority date, because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216. No action is required by Applicant at this time.
Response to Amendments
In response to Applicant’s amendments dated 17 July 2026, Examiner withdraws the previous objections to the claims; maintains the previous objections to the drawings (please note that no amended drawings were received in the submission filed 7/17/2026); withdraws the previous 35 USC 112(b) rejections; and the previous prior art rejections have been updated to reflect newly added amendments.
Response to Arguments
Applicant's arguments, see Remarks, filed on 17 July 2026, have been fully considered but they are not persuasive.
Applicant argues, see Remarks, pg. 9, that US-20030034780-A1 (“Vacher”) does not teach nor suggest “a sub high-voltage battery configured to selectively supply power to the motor system configured to drive a motor configured to provide a driving force to drive the vehicle.” Examiner respectfully disagrees. Vacher discloses a hybrid vehicle (see Vacher, para. 0002) that has both an internal combustion engine and a traction motor to “provide a driving force to drive the vehicle” (see Vacher, para. 0003). Furthermore, Vacher discloses a “sub high-voltage battery” that supplies power to “the motor system” (see Vacher, paragraphs 0022, 0039, and 0062). Since the “sub high-voltage battery” is both “configured to selectively supply power to the motor system” and is “operatively connected to the main high-voltage battery,” the main high-voltage battery is a component of the “motor system.” For these reasons, examiner is unpersuaded and maintains the corresponding rejections.
In response to applicant's argument, see Remarks, pg. 9, that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the low voltage battery 18 of Vacher does not supply driving power to the motor” or in other words, the “sub high-voltage battery” supplies driving power to the motor 14a) are not recited in the rejected claim(s). Independent claim 1 recites: “a sub high-voltage battery configured to selectively supply power to the motor system…the sub high-voltage batter operatively connected to the main high-voltage battery…” and independent claims 8 and 15 recite analogous limitations. 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). For these reasons, examiner is unpersuaded and maintains the corresponding rejections.
In response to applicant's argument, see Remarks, pg. 10-11, that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “since a secondary high-voltage battery 20 is provided in addition to a main battery 11 to drive a motor 14a”) are not recited in the rejected claim(s). Additionally, the secondary battery is claimed and described in the original disclosure as a “sub high-voltage battery 20,” therefore it is not a “secondary high-voltage battery.” 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). For these reasons, examiner is unpersuaded and maintains the corresponding rejections.
The remaining arguments are essentially the same as those addressed above and/or below and are unpersuasive for at least the same reasons. Therefore, examiner is unpersuaded and maintains the corresponding rejections.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “13” has been used to designate both “BMC” (see FIG. 1) and “battery management system (BMS)” (see para. 0004). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “13A” has been used to designate both “BMC” (see FIG. 2 and FIG. 3) and “BMS” (see para. 0066). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-20030034780-A1, hereinafter “Vacher” (previously of record).
Regarding claim 8, and analogous claim 1, Vacher discloses A system for determining a degree of aging of a main high-voltage battery of a vehicle (Vacher, para. 0002: “It relates in particular, but not exclusively, to a method [i.e., A method] and a device [i.e., A system] for calculating the parameters of a power battery for a hybrid type vehicle [i.e., main high-voltage battery of a vehicle].”; para. 0041: “The value of the internal resistance [i.e., a degree of aging of a main high-voltage battery of a vehicle] is a parameter which enables a battery's state of aging to be determined, because over the last third of its lifetime, this resistance increases noticeably.”), the system comprising:
a motor system including a motor configured to provide a driving force to drive the vehicle (Vacher, para. 0003: “Let it be noted here that a hybrid motor vehicle comprises an internal combustion engine to drive the vehicle on the one hand and on the other hand, an electric motor [i.e., a motor system including a motor] powered by a battery. The internal combustion engine serves not only to propel the vehicle but also to turn an alternator which charges the power battery via a current rectifier. The decision to control the movement of the vehicle, either by the internal combustion engine, or by the electric motor [i.e., a motor system including a motor configured to provide a driving force to drive the vehicle], or by both at the same time, is usually made automatically according to the state of charge of the battery and the discharge power of the battery, among other things.”; para. 0047: “The invention thus generally relates to a method for determining at least one operating parameter of the power battery of a vehicle with an electric traction motor [i.e., a motor configured to provide a driving force to drive the vehicle].”);
the main high-voltage battery configured to selectively supply power to the motor system (Vacher, para. 0003: “Let it be noted here that a hybrid motor vehicle comprises an internal combustion engine to drive the vehicle on the one hand and on the other hand, an electric motor powered by a battery [i.e., the main high-voltage battery]. The internal combustion engine serves not only to propel the vehicle but also to turn an alternator which charges the power battery via a current rectifier. The decision to control the movement of the vehicle, either by the internal combustion engine, or by the electric motor, or by both at the same time, is usually made automatically according to the state of charge of the battery and the discharge power of the battery, among other things [i.e., configured to selectively supply power to the motor system].”);
a sub high-voltage battery configured to selectively supply power to the motor system (Vacher, FIG. 1: low voltage battery 18; para. 0022: “According to another feature of the invention, which can be used independently of the various features explained above, to measure the internal resistance of 6 the power battery, an auxiliary battery, usually having a lower voltage than the power battery and sometimes called a “slave” battery [i.e., sub high-voltage battery], is used and the power battery [i.e., the motor system (main high-voltage battery is a component of the motor system)] is charged via this “slave” battery [i.e., selectively supply power to the motor system]...”; para. 0039: “Thus, when the power battery [i.e., the motor system] supplies power to the electric traction motor [i.e., the motor system] so that the vehicle can overtake, the power available on discharge must be known over a period of a few seconds…”; para. 0062: “…the internal resistance of the battery is determined using an low voltage auxiliary battery [i.e., a sub high-voltage battery] connected to the power battery [i.e., the motor system] via a two-way DC/DC converter [i.e., selectively supply power to the motor system].”; Note: Since the sub high-voltage battery is both configured to selectively supply power to the motor system and is operatively connected to the main high-voltage battery, the main high-voltage battery is a component of the motor system.);
a battery management system (BMS) configured to determine a state of the main high-voltage battery based on a control signal (Vacher, para. 0008: “The invention is the result of the observation that the known method for calculating the charging capacity and discharge power [i.e., determine a state of the main high-voltage battery based on a control signal] and the methods for detecting states of overcharge and total discharge are not accurate enough for correct management of the battery [i.e., a battery management system] and propulsion of the vehicle.”); and
a controller configured to: receive the state of the main high-voltage battery (Vacher, FIG. 4a; para. 0081: “FIG. 4 a is a diagram showing the device for determining the internal resistance of battery 12, in which calculation and memory facilities 50 [i.e., a controller] are provided to make it possible, on the one hand, to calculate the internal resistance according to formula (5) described above, by means of inputs 501 and 502 receiving signals indicating the voltage value U and the current intensity I respectively [i.e., configured to: receive the state of the main high-voltage battery].”),
monitor a status of each of at least two battery cells of the main high-voltage battery while the vehicle is parked (Vacher, para. 0081: “FIG. 4 a is a diagram showing the device for determining the internal resistance of battery 12, in which calculation and memory facilities 50 are provided to make it possible, on the one hand, to calculate the internal resistance according to formula (5) described above, by means of inputs 501 and 502 receiving signals indicating the voltage value U and the current intensity I [i.e., monitor a status of each of at least two battery cells of the main high-voltage battery] respectively.”; para. 0043: “If the internal resistance is measured using the slave battery, for accuracy of measurement it is preferable, in the case of a hybrid vehicle, that the internal combustion engine be stopped and also that the electric traction motor not be supplied with power. In that case, then, the measurements are taken with the ignition switched off [i.e., while the vehicle is parked]. To achieve this, use can be made of the “auto-wake-up” function generally provided on such battery-powered vehicles, to determine the battery's self-discharge.”; para. 0044: “…when the auto-wake-up operates, besides the self-discharge calculation, the following operations are carried out: calculation of the battery's internal resistance and balancing of the charge in the battery cells [i.e., at least two battery cells of the main high-voltage battery] when they are highly charged but different from one another.”),
charge the main high-voltage battery for a first preset time by supplying a first current from the sub high-voltage battery (Vacher, para. 0022: “…to measure the internal resistance of the power battery, an auxiliary battery, usually having a lower voltage than the power battery and sometimes called a “slave” battery, is used and the power battery is charged via this “slave” battery by supplying to the slave battery two electric currents of intensities I2 and I1 respectively [i.e., charge the main high-voltage battery for a first preset time by supplying a first current from the sub high-voltage battery] and measuring the voltages U2 and U1 with these two currents at the terminals of the power battery.”),
determine a first degree of deterioration for each of the at least two battery cells charged for the first preset time due to the charging of the main high-voltage battery (Vacher, para. 0027: “The internal resistance on charge has the value R according to equation (5).
R
=
R
0
+
R
c
5
”),
discharge the main high-voltage battery for a second preset time by supplying a second current from the main high-voltage battery to the sub high-voltage battery (Vacher, para. 0022: “…to measure the internal resistance of the power battery, an auxiliary battery, usually having a lower voltage than the power battery and sometimes called a “slave” battery, is used and the power battery is charged via this “slave” battery by supplying to the slave battery two electric currents of intensities I2 and I1 respectively and measuring the voltages U2 and U1 with these two currents at the terminals of the power battery. The internal resistance, R, then has the value given by equation (4).
R
=
U
2
-
U
1
I
2
-
I
1
(
4
)
”); para. 0029: “In the same way, when discharging, the internal resistance R′ can be expressed by the formula given in equation (6).
R
'
=
R
0
'
+
R
d
(
6
)
”), and
determine a second degree of deterioration for each of the at least two battery cells discharged for the second preset time due to the discharging of the main high-voltage battery (Vacher, para. 0029: “In the same way, when discharging, the internal resistance R′ can be expressed by the formula given in equation (6).
R
'
=
R
0
'
+
R
d
(
6
)
”).
Regarding claim 15, Vacher discloses A vehicle (Vacher, para. 0002: “It relates in particular, but not exclusively, to a method and a device for calculating the parameters of a power battery for a hybrid type vehicle [i.e., A vehicle].”) comprising:
a motor configured to provide a driving force to drive the vehicle; a motor system including the motor and configured to drive the motor (Vacher, para. 0003: “Let it be noted here that a hybrid motor vehicle comprises an internal combustion engine to drive the vehicle on the one hand and on the other hand, an electric motor powered by a battery. The internal combustion engine serves not only to propel the vehicle but also to turn an alternator which charges the power battery via a current rectifier. The decision to control the movement of the vehicle, either by the internal combustion engine, or by the electric motor [i.e., a motor configured to provide a driving force to drive the vehicle], or by both at the same time, is usually made automatically [i.e., a motor system including the motor and configured to drive the motor] according to the state of charge of the battery and the discharge power of the battery, among other things.”);
a main high-voltage battery configured to selectively supply power to the motor system (Vacher, para. 0003: “Let it be noted here that a hybrid motor vehicle comprises an internal combustion engine to drive the vehicle on the one hand and on the other hand, an electric motor powered by a battery [i.e., main high-voltage battery]. The internal combustion engine serves not only to propel the vehicle but also to turn an alternator which charges the power battery via a current rectifier. The decision to control the movement of the vehicle, either by the internal combustion engine, or by the electric motor, or by both at the same time, is usually made automatically according to the state of charge of the battery and the discharge power of the battery, among other things [i.e., configured to selectively supply power to the motor system].”);
a sub high-voltage battery configured to selectively supply power to the motor system (Vacher, FIG. 1: low voltage battery 18; para. 0062: “…the internal resistance of the battery is determined using an low voltage auxiliary battery [i.e., a sub high-voltage battery] connected to the power battery via a two-way DC/DC converter.”); and
a controller configured to receive a state of the main high-voltage battery from a battery management system (BMS) (Vacher, FIG. 4a-4c; para. 0081: “FIG. 4a is a diagram showing the device for determining the internal resistance of battery 12, in which calculation and memory facilities 50 [i.e., a controller] are provided to make it possible, on the one hand, to calculate the internal resistance according to formula (5) described above, by means of inputs 501 and 502 receiving signals indicating the voltage value U and the current intensity I respectively [i.e., configured to receive a state of the main high-voltage battery from a battery management system (BMS)].”);
monitor a status of each of at least two battery cells of the main high-voltage battery while the vehicle is parked (Vacher, para. 0081: “FIG. 4a is a diagram showing the device for determining the internal resistance of battery 12, in which calculation and memory facilities 50 are provided to make it possible, on the one hand, to calculate the internal resistance according to formula (5) described above, by means of inputs 501 and 502 receiving signals indicating the voltage value U and the current intensity I [i.e., monitor a status of each of at least two battery cells of the main high-voltage battery] respectively.”; para. 0043: “If the internal resistance is measured using the slave battery, for accuracy of measurement it is preferable, in the case of a hybrid vehicle, that the internal combustion engine be stopped and also that the electric traction motor not be supplied with power. In that case, then, the measurements are taken with the ignition switched off [i.e., while the vehicle is parked]. To achieve this, use can be made of the “auto-wake-up” function generally provided on such battery-powered vehicles, to determine the battery's self-discharge.”; para. 0044: “when the auto-wake-up operates, besides the self-discharge calculation, the following operations are carried out: calculation of the battery's internal resistance and balancing of the charge in the battery cells [i.e., at least two battery cells of the main high-voltage battery] when they are highly charged but different from one another.”);
charge the main high-voltage battery for a first preset time by supplying a first current from the sub high-voltage battery operatively connected to the main high-voltage battery (Vacher, para. 0022: “…to measure the internal resistance of the power battery, an auxiliary battery, usually having a lower voltage than the power battery and sometimes called a “slave” battery, is used and the power battery is charged via this “slave” battery by supplying to the slave battery two electric currents of intensities I2 and I1 respectively [i.e., charge the main high-voltage battery for a first preset time by supplying a first current from the sub high-voltage battery operatively connected to the main high-voltage battery] and measuring the voltages U2 and U1 with these two currents at the terminals of the power battery.”);
determine a first degree of deterioration for each of the at least two battery cells charged for the first preset time due to the charging of the main high-voltage battery (Vacher, para. 0027: “The internal resistance on charge has the value R according to equation (5).
R
=
R
0
+
R
c
5
”);
discharge the main high-voltage battery for a second preset time by supplying a second current from the main high-voltage battery to the sub high-voltage battery (Vacher, para. 0022: “…to measure the internal resistance of the power battery, an auxiliary battery, usually having a lower voltage than the power battery and sometimes called a “slave” battery, is used and the power battery is charged via this “slave” battery by supplying to the slave battery [i.e., supplying a second current from the main high-voltage battery to the sub high-voltage battery] two electric currents of intensities I2 and I1 respectively and measuring the voltages U2 and U1 with these two currents at the terminals of the power battery. The internal resistance, R, then has the value given by equation (4).
R
=
U
2
-
U
1
I
2
-
I
1
(
4
)
”); para. 0029: “In the same way, when discharging [i.e., discharge the main high-voltage battery for a second preset time], the internal resistance R′ can be expressed by the formula given in equation (6).
R
'
=
R
0
'
+
R
d
(
6
)
”);
determine a second degree of deterioration for each of the at least two battery cells discharged for the second preset time due to the discharging of the main high-voltage battery (Vacher, para. 0029: “In the same way, when discharging, the internal resistance R′ [i.e., a second degree of deterioration] can be expressed by the formula given in equation (6).
R
'
=
R
0
'
+
R
d
(
6
)
”); and
determine a degree of aging of the main high-voltage battery based on the first and second degrees of deterioration (Vacher, para. 0041: “The value of the internal resistance [i.e., based on the first and second degrees of deterioration] is a parameter which enables a battery's state of aging to be determined [i.e., determine a degree of aging of the main high-voltage battery], because over the last third of its lifetime, this resistance increases noticeably. Therefore, the correction which must be made to this value makes it possible to improve the calculation of the state of aging.”; para. 0042: “The corrective expression can be adapted to the way aging is analyzed. In fact, the aging analysis carried out automatically in the vehicle consists of comparing the internal resistance with a threshold value, whereas the aging analysis which can be carried out in an after-sales department consists of comparing the internal resistance variation curve with a typical curve obtained empirically.”; para. 0093: “Ageing diagnostic unit 72 supplies an ageing signal based on R0, I, and driving conditions input signals.”).
Regarding claim 9, and analogous claims 2 and 16, Vacher discloses The system of claim 8,
wherein the controller is further configured to determine an internal resistance based on a variance in voltage due to the charging of the main high-voltage battery and the first current (Vacher, para. 0022: “…to measure the internal resistance of the power battery [i.e., determine an internal resistance], an auxiliary battery, usually having a lower voltage than the power battery and sometimes called a “slave” battery, is used and the power battery is charged via this “slave” battery by supplying to the slave battery two electric currents of intensities I2 and I1 respectively and measuring the voltages U2 and U1 with these two currents at the terminals of the power battery. The internal resistance, R, then has the value given by equation (4).
R
=
U
2
-
U
1
I
2
-
I
1
(
4
)
”; para. 0027: “The internal resistance on charge has the value R according to equation (5).
R
=
R
0
+
R
c
5
[i.e., based on a variance in voltage due to the charging of the main high-voltage battery and the first current]”).
Regarding claim 10, and analogous claims 3 and 17, Vacher discloses The system of claim 8,
wherein the controller is further configured to determine an internal resistance based on a variance in voltage due to the discharging of the main high-voltage battery and the second current (Vacher, para. 0022: “…to measure the internal resistance of the power battery [i.e., determine an internal resistance], an auxiliary battery, usually having a lower voltage than the power battery and sometimes called a “slave” battery, is used and the power battery is charged via this “slave” battery by supplying to the slave battery two electric currents of intensities I2 and I1 respectively and measuring the voltages U2 and U1 with these two currents at the terminals of the power battery. The internal resistance, R, then has the value given by equation (4).
R
=
U
2
-
U
1
I
2
-
I
1
(
4
)
”; para. 0029: “In the same way, when discharging, the internal resistance R′ can be expressed by the formula given in equation (6).
R
'
=
R
0
'
+
R
d
(
6
)
[i.e., based on a variance in voltage due to the discharging of the main high-voltage battery and the second current]”).
Regarding claim 11, and analogous claims 4 and 18, Vacher discloses The system of claim 8,
wherein the controller is further configured to store the first degree or the second degree of deterioration in a deterioration learning table for each section of cell voltage (Vacher, para. 0035: “A correction of the value of the internal resistance which depends on the parameter to be calculated can be provided. In that case, for each calculation to be carried out (overcharge, total discharge, charging capacity, discharge power) a table of the specific relationship between the internal resistance correction value and the state of charge and preferably the temperature is supplied [i.e., store the first degree or the second degree of deterioration in a deterioration learning table for each section of cell voltage].”; para. 0044: “…besides the self-discharge calculation, the following operations are carried out: calculation of the battery's internal resistance and balancing of the charge in the battery cells when they are highly charged but different from one another.”).
Regarding claim 12, and analogous claims 5 and 19, Vacher discloses The system of claim 8,
wherein the controller is further configured to store the first degree or the second degree of deterioration in a deterioration learning table for each section of a temperature of a battery cell (Vacher, para. 0035: “A correction of the value of the internal resistance which depends on the parameter to be calculated can be provided. In that case, for each calculation to be carried out (overcharge, total discharge, charging capacity, discharge power) a table of the specific relationship between the internal resistance correction value and the state of charge and preferably the temperature is supplied [i.e., store the first degree or the second degree of deterioration in a deterioration learning table for each section of a temperature of a battery cell].”; para. 0044: “…besides the self-discharge calculation, the following operations are carried out: calculation of the battery's internal resistance and balancing of the charge in the battery cells when they are highly charged but different from one another.”).
Regarding claim 13, and analogous claims 6 and 20, Vacher discloses The system of claim 8,
wherein the controller is further configured to store the first degree or the second degree of deterioration in a deterioration learning table for a section of cell voltage and a section of a temperature of a battery cell (Vacher, para. 0035: “A correction of the value of the internal resistance which depends on the parameter to be calculated can be provided. In that case, for each calculation to be carried out (overcharge, total discharge, charging capacity, discharge power) a table of the specific relationship between the internal resistance correction value and the state of charge and preferably the temperature is supplied [i.e., store the first degree or the second degree of deterioration in a deterioration learning table for a section of cell voltage and a section of a temperature of a battery cell].”; para. 0044: “…besides the self-discharge calculation, the following operations are carried out: calculation of the battery's internal resistance and balancing of the charge in the battery cells when they are highly charged but different from one another.”).
Regarding claim 14, and analogous claim 7, Vacher discloses The system of claim 11,
wherein the controller is further configured to update the deterioration learning table by determining a degree of deterioration of a corresponding section of the deterioration learning table whenever a preset condition is satisfied (Vacher, para. 0035: “A correction of the value of the internal resistance which depends on the parameter to be calculated can be provided [i.e., update the deterioration learning table by determining a degree of deterioration of a corresponding section of the deterioration learning table]. In that case, for each calculation to be carried out (overcharge, total discharge, charging capacity, discharge power) [i.e., a preset condition is satisfied] a table of the specific relationship between the internal resistance correction value and the state of charge and preferably the temperature is supplied.”; para. 0040: “In the same way, for the detection of total discharge, a correlation table is provided which gives, according to the temperature, the corrective expression to be applied to the internal resistance for the state of charge (e.g. 30%) corresponding to the threshold set for triggering the warning or starting charging as a priority [i.e., a preset condition is satisfied].”).
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 Leah N Miller whose telephone number is (703)756-1933. The examiner can normally be reached M-Th 8:30am - 5:30pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Leah N Miller/Examiner, Art Unit 3663 /ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
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