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 .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 4, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Qin (CN111418999) and Yoo (U.S. Pat. No. 12049394) in view of Yu (U.S. Pat. No. 12383055) in further view of Scholten (U.S. Pat. No. RE35805).
With respect to claim 1, Qin discloses a liftable desk (Fig. 1, lifting table) with dual pneumatic rods (Fig. 3, gas spring 1-4 and gas spring 1-5), comprising a first base (Fig. 1, lower fixing plate 3), a second base (upper fixing plate 2 with table frame), a lifting desktop (Paragraph 0043 “a tabletop of a suitable size is installed on the upper fixed plate 2”), a hollow telescopic support (telescopic housing 1), as well as a first pneumatic rod (gas spring 1-4) and a second pneumatic (gas spring 1-5) rod fixedly provided in the hollow telescopic support (telescopic housing 1), wherein two ends of the hollow telescopic support are respectively fixedly connected to the first base and the second base (Fig. 1, upper end of telescopic housing 1 is connected to upper fixing plate 2, lower end of first telescopic housing 1 is connected to lower fixing plate 3); wherein the first pneumatic rod (gas spring 1-4) and the second pneumatic rod (gas spring 1-5) are independent in the hollow telescopic support (gas springs 1-4 and 1-5 are two individual gas springs that do not share air/gas flow, and each have their own independent switch valve for controlling their respective extendable rod), and wherein the first pneumatic rod and the second pneumatic rod each include a push rod (extendable upper rod of gas spring 1-4 and gas spring 1-5 as shown in Fig. 3) and an air pressure release button at an end of the push rod (Paragraph 11, “the switch valve at the top of all gas springs”); the liftable desk with the dual pneumatic rods further comprises a second adjustment member (Fig. 1, gas spring switch assembly 4) for controlling the second pneumatic rod to extend and retract (Paragraph 0011, “This structure uses a unified pressing component to press the switch plate [4-3], which directly presses the switch valve of the gas spring to control the lifting and lowering of all gas springs”); one end of the push rod of the second pneumatic rod (gas spring 1-5) is fixedly connected to the desktop (Figs. 3 and 4 show the extendable rod of gas spring 1-5 is fixed to upper fixing plate 2 with table frame, upon which the tabletop is installed); wherein the hollow telescopic support (telescopic housing 1) comprises a first telescopic rod (first telescopic outer shell 1-1), a second telescopic rod (second telescopic outer shell 1-2), and a third telescopic rod (third telescopic outer shell 1-3) sequentially connected in an embedded manner (1-1, 1-2, 1-3 are slidably nested), the first pneumatic rod (gas spring 1-4) and the second pneumatic rod (gas spring 1-5) are fixedly provided in the second telescopic rod (1-4 and 1-5 are fixed within telescopic housing 1 and are therefore fixedly provided in the second telescopic outer shell 1-2 as seen in Figs. 3-4), the second telescopic rod is fixed with the first pneumatic rod and the second pneumatic rod (Paragraphs 0034-0035 and 0039-0040 describe the lifting/lowering of telescopic outer shells 1-2 and 1-3, the movement of 1-2 is directly related to the movement of the lower outer-cylinder portion of gas spring 1-5 and not the movement of the extendable rod portion of gas spring 1-5, therefore there is inherently a fixed point of connection between the gas-spring 1-5 and outer telescopic shell 1-2. Gas spring 1-4, which is fixed to gas spring 1-5 via connector 1-6 would therefore also form a fixed connection with outer telescopic shell 1-2. See the Response to Arguments section below for further detail), and, during extension and retraction of the first pneumatic rod (1-4) and the second pneumatic rod (1-5), the second telescopic rod (1-2) and the third telescopic rod (1-3) are driven to perform extension and retraction by the push rod of the first pneumatic rod and the push rod of the second pneumatic rod (Figs. 3 and 4 show push rods of 1-4 and 1-5 extend and retract to move 1-1, 1-2, and 1-3 relatively towards and away from each other); the second adjustment member is fixedly provided on the lifting desktop (Fig. 2, gas spring switch assembly 4 is attached to fixing plate 2 with table frame, upon which the tabletop is installed); a press-fit contact (Fig. 5, switch plate 4-3) is provided on the second base (upper fixing plate 2); an end of a connection rod (transmission strip 4-21) is connected to the press-fit contact (switch plate 4-3); and by pressing the second adjustment member (switch handle 4-1 of gas spring switch assembly 4), and the connection rod (4-21) is driven to control the press-fit contact to move down (Paragraph 0033 “Push the switch handle 4-1 inward. The transmission bar 4-21… pushes the downward pressure plate 4-22 to move towards the switch plate 4-3… so that the switch plate 4-3 moves downward along the switch plate guide post 4-4).
Qin fails to disclose the liftable desk with the dual pneumatic rods further comprises a first adjustment member for controlling the first pneumatic rod to extend and retract; one end of the first adjustment member abuts against a push rod of the first pneumatic rod.
Yoo discloses a multi-step height adjuster for a desk (Col. 17, line 65-Col. 18, line 1, “a multi-step height adjuster…applied to a desk…that may be adjusted in height”) comprises dual pneumatic rods (Fig. 11, left adjustment portion 300 and right/inverted adjustment portion 300 are “gas cylinder type” (Col. 12, lines 4-5”)) comprising a first adjustment member for controlling the first pneumatic rod to extend and retract (Col. 12, lines 13-44, “when an operation lever (not illustrated) connected to the controller 600 coupled to the first base tube 110 is pressed of raised… the spindle portion 200 and the cylinder 350 are raised… the first spindle portion 210 and the cylinder 350 are lowered”); and a second adjustment member for controlling the second pneumatic rod to extend and retract (Col. 10, lines 38-67, “when an operation lever (not illustrated) connected to the controller 600 is pressed or raised… the spindle portion 200 and the cylinder 350 are raised…the spindle portion 200 and the cylinder are lowered”; Col. 11, lines 8-10, “the second spindle 230 and the cylinder 350 are raised inside the second base tube 130 by the controller 600 installed in the second spindle 230”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the gas springs of Qin such that one gas spring is inverted and controlled by its own dedicated lever, such as taught by Yoo, with a reasonable expectation of success in order easily and quickly raise or lower the table to dedicated heights, such as a sitting desk height and a standing desk height, while maintaining the ability to further fine tune the table height based on user preference, and to further provide a hands-free method for raising the height of the table.
The combination further discloses one end of the first adjustment member abuts against a push rod of the first pneumatic rod (Qin, Paragraph 0011 describes a switch valve at the top of all gas springs 1-4 and 1-5, therefore the switch valve of gas spring 1-4, as modified by Yoo to be inverted and include an operation lever, would be pressed by the operation lever).
The combination fails to disclose the lifting desktop is connected to the second base in a flipping manner; wherein the lifting desktop comprises a first desktop and a second desktop, a flipping assembly is provided on the first desktop, the first desktop is connected in the flipping manner to the second base through the flipping assembly, and the second desktop is provided at one side of the first desktop.
Yu discloses a lifting desktop (Fig. 1, side tabletop 2 with turnover tabletop 3) is connected to a second base in a flipping manner (Figs. 2 and 6, turnover tabletop 3 is rotatably connected to crossbar 1 and second base 6); wherein the lifting desktop comprises a first desktop (turnover tabletop 3) and a second desktop (side tabletop 2), a flipping assembly (Fig. 3, angle adjuster 4) is provided on the first desktop (turnover tabletop 3), the first desktop is connected in the flipping manner to the second base through the flipping assembly (Yu, Fig. 3 and 5, turnover tabletop 3 is hinged to crossbar 1 via rotation joint 9), and the second desktop is provided at one side of the first desktop (side tabletop 2 is located at one side of turnover tabletop 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the table frame and table top of Qin in view of Yoo with a tabletop assembly that it is rotatably connected to a crossbar of the second base, such as taught by Yu, with a reasonable expectation of success in order to easily adjust the angle of the tabletop and to further provide better ergonomic support and comfort to a user.
The combination further discloses one end of the push rod of the second pneumatic rod (Qin, extendable rod of gas spring 1-5) is fixedly connected to the first desktop (Qin, Figs. 3 and 4 show the extendable rod of gas spring 1-5 is fixed to upper fixing plate 2 which, when modified by Yu, is connected to the turnover tabletop 3. Note that the claimed fixed connection between the second pneumatic rod 6 and the first desktop 31 of the instant application is an indirect connection via second base 2 and hinge 102).
The combination fails to disclose the press-fit contact is hinge to the second base; and an end of a connection rod is fixedly connected to the press-fit contact.
Scholten discloses an actuator (control actuator 10) having press-fit contact (Fig. 2, bearing bar 18) hinged to a second base is provided on the second base (bearing bar 18 is hinged to base plate 114 at fulcrum hook 20); an end of a connection rod is fixedly connected to the press-fit contact (right-side end of elongated handle portion 14 is fixed to bearing bar 18 at connector tang 42); and by pressing the second adjustment member (handle grasp 12), the connection rod is driven to control the press-fit contact to move down (Fig. 3 and 4 shows handle grasp 12 pulled down or pushed up to drive bearing bar 18 downward).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have replaced the gas spring switch assembly of Qin in view of Yoo in further view of Yu with a control actuator, such as taught by Scholten, with a reasonable expectation of success in order to allow a user to actuate the height control by pulling or pushing down on the handle portion (Scholten, Col. 2, lines 6-8) allowing for easier and more ergonomic handling of the lever.
With respect to claim 2, Qin and Yoo in view of Yu in further view of Scholten discloses the limitation set forth above. The combination (Qin) further discloses an end of the first telescopic rod is fixedly connected to the first base (Fig. 3, lower end of 1-1 is fixed to lower fixing plate 3); an end of the third telescopic rod is fixedly connected to the second base (Fig. 1, upper end of 1-3 is fixed to upper fixing plate 2); and when the push rod of the first pneumatic rod (push rod of 1-4) and the push rod of the second pneumatic rod (push rod of 1-5) telescopically move, the push rod of the first pneumatic rod and the push rod of the second pneumatic rod drive the second telescopic rod and the third telescopic rod to telescopically move (Figs. 3 and 4 show push rods of 1-4 and 1-5 extend and retract to move 1-1, 1-2, and 1-3 relatively towards and away from each other).
With respect to claim 4, Qin and Yoo in view of Yu in further view of Scholten discloses the limitation set forth above. The combination further discloses wherein the flipping assembly (Yu, angle adjuster 4) comprises a flip adjustment plate (Yu, Fig. 3, first adjusting handle 43), a flip connection rod (Yu, gas spring 42), and a flip hinge (Yu, rotation joint 9 with angle adjusting seat 10); the flip hinge is fixedly connected to the first desktop and the second base (upper fixing plate 2 of Qin has been modified to include the crossbar 1 and turnover tabletop of Yu, which has the rotation joint 9 with angle adjusting seat 10 is connected to the underside of turnover tabletop 3); the flip adjustment plate (Yu, first adjusting handle 43) is connected to a first end of the flip connection rod (Yu, first end of gas spring 42); and a second end of the flip connection rod is hinged to the second base (Yu, second end of gas spring 42 is hinged to upper fixing plate 2 of Qin via the crossbar 1).
With respect to claim 7, Qin and Yoo in view of Yu in further view of Scholten discloses the limitation set forth above. The combination (Yu) further discloses wherein a stop member (Fig. 1, blocking plate 32) is provided at an edge of the first desktop (turnover tabletop 3); and the stop member is fixedly connected to the first desktop (Col. 5, line37-40, “the blocking plate 32 is fixedly connected with the turnover tabletop 3 by bolts”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Qin (CN111418999), Yoo (U.S. Pat. No. 12049394), and Yu (U.S. Pat. No. 12383055) in view of Scholten (U.S. Pat. No. RE35805) in further view of Hale (U.S. Pat. No. 4220307).
With respect to claim 5, Qin and Yoo in view of Yu in further view of Scholten discloses the limitation set forth above except wherein an end of the first pneumatic rod adjacent to the first adjustment member is provided with a buffer spring; and the buffer spring comprises a first end abutting against the first pneumatic rod and a second end abutting against the first adjustment member.
Hale discloses an end of a first pneumatic rod (Fig. 2, ram tube 90) adjacent to a first adjustment member (actuating lever 68) is provided with a buffer spring (compression spring 164); and the buffer spring comprises a first end abutting against the first pneumatic rod (Fig. 3 shows bottom end of compression spring 164 presses against a u-shape channel portion of ram tube 90) and a second end abutting against the first adjustment member (Fig. 2 shows top end of compression spring 164 presses against actuating lever 68).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the inverted gas spring and operation lever assembly of Qin and Yoo in view of Yu in further view of Scholten to include a compression spring such that the spring is situated around the switch valve and between the gas spring and the operation lever, such as taught by Hale, with a reasonable expectation of success in order to bias the operation lever in the unused position thereby allowing the switch valve to remain in an elevated and unused position (Hale, Col. 5, lines 53-64) when not in use, further preventing accidental or unwanted lift or lowering of the telescopic column.
Response to Arguments
Applicant's arguments filed 6/25/2026 have been fully considered but they are not persuasive.
Regarding Claim 1:
The examiner notes that Independent Claim 1 has been amended to incorporate some of the limitations of claims 2 and 3 which were previously not dependent on each other, therefore claim 1 is a new set of limitations. However, Qin and Yoo in view of Yu in further view of Scholten discloses all the limitations of amended Independent Claim 1 as mapped in the rejection above.
On page 10 of the Remarks (6/25/2026), Applicant argues that the new limitation “the first pneumatic rod and the second pneumatic rod are independent in the hollow telescopic support; that the first pneumatic rod and the second pneumatic rod are fixedly provided in the second telescopic rod; that the second telescopic rod is fixed with the first pneumatic rod and the second pneumatic rod; that the second telescopic rod and the third telescopic rod are driven to perform extension and retraction by the push rods of the first and second pneumatic rods; and that one end of the push rod of the second pneumatic rod is fixedly connected to the first desktop” is not disclosed by the Qin (CN111418999) because:
1) Qin’s gas springs are connected via a gas spring connecting piece 1-6 and are therefore not “independent”,
2) The gas springs are not fixed with the second telescopic rod, and
3) The gas springs are actuated through a common switch rather than the claimed “independent rod relationship”.
In response to argument 1, gas springs 1-4 and 1-5 are two individual gas springs with separate air/gas flow, separate switch valves for operating the extension/retraction of the respective gas spring, and are capable of operating independently of each other. The claim language “the first and second pneumatic rod are independent in the hollow telescopic rod” does not preclude the two separate gas springs from also having a gas spring connecting piece 1-6. This connecting piece 1-6 is used to transfer a vertical upward motion of extending gas spring 1-4 to both the gas spring 1-5 and second outer telescopic shell 1-2 during the lifting of the table, in the same manner that the “fixed connection” between the first pneumatic rod 5 of the instant application and the second telescopic rod 42 allows for a transfer of vertical upward motion of extending pneumatic rod 5 to drive both the second pneumatic rod 6 and the second telescopic rod 42 during lift.
In response to argument 2, under further consideration of the Qin reference, it has been determined that Qin satisfies the limitation “the first pneumatic rod and the second pneumatic rod are fixedly provided in the second telescopic rod, the second telescopic rod is fixed with the first pneumatic rod and the second pneumatic rod” as claimed. Paragraphs 0034-0035 and 0039-0040 describe the lifting/lowering of telescopic outer shells 1-2 and 1-3, the movement of 1-2 is directly related to the movement of the lower outer-cylinder portion of gas spring 1-5 and not the movement of the extendable rod portion of gas spring 1-5 therefore there is inherently a fixed point of connection between the gas-spring 1-5 and second outer telescopic shell 1-2. During the lowering of the table, the switch valve of gas spring 1-5 is pressed, and “pressing down on the upper fixing plate 2 can lower the height of the second gas spring 1-5, and at the same time the third telescopic housing 1-3 descends and retracts into the second telescopic housing 1-2”. If the gas spring 1-5 were not fixed with second telescopic outer shell 1-2, the second shell 1-2 would not remain stationary during the retraction of gas spring 1-5 and the lowering of third shell 1-3. Further, “the first gas spring 1-4 begins to decrease in height and, under the action of the gas spring connector 1-6, drives the second gas spring 1-5 to descend together. At the same time, the second telescopic housing 1-2 descends and retracts into the first telescopic housing 1-1” therefore the lowering of the gas spring 1-4 directly causes the lowering of gas spring 1-5 and second shell 1-2. Similarly, during the lifting of the table, the extension of gas spring 1-4 drives the gas spring 1-6 and the second shell 1-2 upward at the same time (Paragraph 0040), therefore there is a fixed connection between the second shell 1-2 and the gas springs 1-5 and 1-6.
It is further noted that there is no structure associated with the fixed relationship between the second telescopic rod and the first/second pneumatic rods disclosed in the specification or the drawings of the instant application.
In response to argument 3, while the switch plate 4-3 of Qin operates both gas spring 1-4 and 1-5, these springs extend and retract independently as explained in the response to argument 1 above. Further, it is the combination of Qin and Yoo in view of Yu in further view of Scholten that teaches all the limitations of claim 1. By inverting the first gas spring 1-5 of Qin and providing a lever for the independent control of the gas spring, such as taught by Yoo, it is clear that the two gas springs operate independently.
Motivation to combine (Yoo):
One having ordinary skill in the art would have found it obvious to invert the lower gas spring of Qin such that it may be controlled by its own dedicated lever, such as taught by Yoo, to allow users to easily and quickly raise or lower the table to dedicated heights, such as a sitting desk height and a standing desk height, while maintaining the ability to further fine tune the table height based on user preference. Such an arrangement would further allow a user to raise the desk in a hands-free manner, allowing users with low hand/grip strength to operate the table.
Addressing the arguments made on pages 14-15 regarding the motivation to combine Qin and Yoo, the “intended functionality” of Qin’s table is stable, multi-stage height adjustment of the tabletop. The inversion of the lower gas spring and the inclusion of a dedicated lever for controlling this gas spring, such as taught by Yoo, would in no way prevent the table of Qin from functioning as intended. The gas spring assembly as modified would still provide short ranges of extension for each gas spring, providing stability, and the two separate levers for controlling the gas springs would provide the multi-stage height adjustment. Addressing the arguments made on pages 17-18 regarding the “principal of operation of Qin”, the gas springs as modified by Yoo would still be operated by the same principal of user-operated switched to control the height of the table. Applicant relies on Qin’s disclosure of a “common switch valve” as the principal of operation. However, Qin only discloses the common switch valve as a solution to the “traditional method of control by a wire rope handle” (Paragraph 0011). The inclusion of a second control lever does not negate this principal of operation. Through routine optimization, one of ordinary skill would find the two-lever system, as taught by Yoo, would offer a user better control of the height-adjustable table. See MPEP 2144.05 II(A).
On page 11, Applicant further argues that Yoo, Scholten, and Yu individually or in combination fails to disclose the independent pneumatic rods fixedly provided in a second telescoping rod. As explained above, Qin discloses the independent gas springs fixed with the second outer shell.
On page 12, Applicant argues that Quin and Yu would fail to disclose the amended limitation “one end of the push rod of the second pneumatic rod is fixedly connected to the first desktop”. The examiner notes that the instant application discloses the upper end of the push rod of the second pneumatic rod (6) is fixed to the flat plate-like structure on second base (2), upon which the first desktop (31) is connected via flip hinge 102. Therefore, by Applicant’s own admission, “fixedly connected” may be an indirect connection of two components (second pneumatic rod 6 and first desktop 31) via a third intermediate component (second base 2). Similarly, the combination of Qin and Yu teaches this structure.
Qin discloses “the top of the second gas spring 1-5 is also connected to the bottom surface of the upper fixed plate 2” (Paragraph 0031) as shown in Fig. 3. As shown in Figs. 1-2, upper fixed plate 2 is connected to a table frame, upon which a tabletop is installed (Paragraph 0043). The connection between the push rod of the gas spring 1-5 and the tabletop through an intermediate component (table frame) is identical to the structure of the claim except for the table top having first and second desktops.
Yu discloses a second base (Fig. 2, second base 6) which includes a flat plate-like structure connected to a series of support beams, including crossbar 1. Side tabletop 2 and turnover tabletop 3 are installed upon the second base 6. Therefore, replacing the frame/tabletop of Qin with the support beam frame/tabletops of Yu would still result in a fixed connection between the second gas spring of Qin and the first desktop of Yu.
Motivation to Combine (Yu):
One having ordinary skill in the art would find this modification obvious in order to provide a user with adjustability of the angle of the tabletop and better ergonomic support and comfort. It is further noted that replacing an assembly of table support beams and a table top with another would yield predictable results. See MPEP 2143 I(A).
Addressing the arguments made on pages 16 and 19 regarding the motivation to combine Qin and Yu, the “intended functionality” of Qin’s table is stable, multi-stage height adjustment of the tabletop. Replacing Qin’s frame/tabletop with Yu’s frame/tabletop would not prevent this functionality, it would simply further provide tabletop inclination adjustment. Similarly, the “principal of operation” of Qin’s table would be unaffected by the modified tabletop. Qin’s height-adjustment system would still be fully capable of user-operated, lever-controlled height adjustment.
Motivation to Combine (Scholten):
Addressing the arguments made on pages 16 and 18-19 regarding the motivation to combine Qin and Scholten, the “intended functionality” of Qin’s table is stable, multi-stage height adjustment of the tabletop. Replacing the switch assembly 4 of Qin with the actuator 10 of Scholten would not prevent the operation of the gas spring and would therefore not affect the height-adjustment functionality. One of ordinary skill would find it obvious to provide a bidirectional handle portion (Scholten, Col. 2, lines 6-8) allowing for easier and more ergonomic handling of the lever, especially for users who may lack hand/grip strength. Similarly, the “principal of operation” of Qin’s table would be unaffected by the modified handle/actuator. Qin’s height-adjustment system would still be fully capable of user-operated, lever-controlled height adjustment.
Identified Problem:
On pages 20-21, Applicant stated that the specific problems to be solved by the instant application are 1) the limited stroke of single pneumatic rod lifting systems, and 2) separate actuation structures for separate pneumatic rods.
Qin alone addresses problem 1, disclosing “the technical problem to be solved by the present invention is to provide a multi-stage lifting device that can use a gas spring with a small extension range to achieve lifting control of three or more stages, thereby increasing the height adjustment range of the lifting device without increasing the risk of malfunction” (Paragraph 0006). Yoo alone addresses problems 1 and 2, disclosing “An object of embodiments according to the present disclosure is to provide a multi-step height adjuster capable of increasing a stroke during extension by independently extending or reducing two or more adjustment portions” (Col. 2, lines 14-17).
Therefore, Qin and Yoo in view of Yu in further view of Scholten addresses the problems to be solved by the instant application and discloses all the limitations of Claim 1 as explained above and as mapped in the claim 1 rejection.
Regarding Claim 2:
On page 13, Applicant argues that the limitation of the first/second pneumatic rods fixed with the second telescopic rod is not disclosed by DE ‘542. Upon further consideration, this limitation is disclosed by Qin as explained above and as mapped in the Claim 1 rejection above, therefore the argument is moot.
Regarding Claim 5:
Hale is not relied upon for the limitation of the first/second pneumatic rods fixed with the second telescopic rod. This limitation is disclosed by Qin as explained above and as mapped in the Claim 1 rejection above
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 ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.I.A./Examiner, Art Unit 3637 /DANIEL J TROY/Supervisory Patent Examiner, Art Unit 3637
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