Detailed Action
Status of Claims
Claims 1-8, 10-22, 24-32 are currently pending and addressed below.
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 statements (IDS) submitted on 09/18/2025 has being considered by the examiner.
Claim Rejections- 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or
Non-obviousness.
Claim(s) 1-4, 7, 15-18, 21-22, 29-32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hepburn (US Pub No 20210332658) in view of Jamison (US Pub No 20210131246).
Hepburn discloses in claim 1. A downhole tool, comprising:
a whipstock assembly (Hepburn Fig 2; 200 deflector assembly [0024]), the whipstock assembly including a whipface (Hepburn Fig 2; 222 [0027] deflection surface) having a longitudinal opening extending therethrough (Hepburn Fig 2; 220 [0027] cavity that extends through the axial length of the deflector);
a packer assembly (Hepburn Fig 4; 402 liner assembly comprises packer assembly [0034] one or more packer assembly) coupled to the whipstock assembly (Hepburn Fig 4; packer assembly is connected to the whipstock assembly), the packer assembly including a packer element (Hepburn Fig 4; 416 [0034] multiple packers) configured to move between a radially retracted state and a radially expanded state (Hepburn Fig 4; 416 [0034] multiple packers expand to maintain position within the wellbore);
and further wherein the longitudinal opening is configured to engage with a main bore leg (Hepburn Fig 3 & Fig 10; 304) of a multilateral junction (Hepburn Fig 10; 502 [0054] multilateral wellbore) to produce hydrocarbons (Hepburn [0002] [0017]-[0018] hydrocarbon production from the well) through the whipstock assembly as the whipstock assembly, packer assembly unit remain coupled together (Hepburn Fig 12; Shows the completed downhole completion system with the whipstock and packer assembly units still coupled together).
Hepburn teaches a downhole tool comprising a whipstock assembly and a packer assembly as described above. Hepburn is silent as to how the packers (Fig 4; 416) are expanded and set to maintain position within the wellbore.
However, Jamison discloses a packer assembly used in a downhole tool which comprises: a downhole power unit (Jamison Fig 3a; 302 [0031]-[0032]) positioned between the whipstock assembly and the packer assembly coupled to the pack or assembly (Jamison Fig 3a; Power unit is positioned above the packer assembly), the downhole power unit configured to move the packer element between the radially retracted state (Jamison Fig 3a “radially retracted state”) and the radially expanded state (Jamison fig 3b “radially expanded state” [0031]-[0032] shuttle valve within 302 moves from the first position in Fig 3a to second position in 3b to allow fluid flow into the packer and expand).
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 packer assembly of Hepburn to include the downhole power unit of Jamison to actuate the packers from a radially retracted state to a radially expanded state since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the combination would result in the predictable result of actuate the packers from a radially retracted state to a radially expanded state.
Hepburn et al discloses in claim 2. The downhole tool as recited in Claim 1, further including a ported sub (Jamison Fig 3a; 312 ported entry) coupled to the downhole power unit (Jamison Fig 3a; 302), the ported sub configured to hydraulically connect activation fluid (Jamison Fig 3b; 332) to the downhole power unit (Jamison Fig 3b; shows the flow of activation fluid flows from uphole to the downhole power unit and to the port, 312, and expands the packer).
Hepburn et al discloses in claim 3. The downhole tool as recited in Claim 2, wherein the ported sub (Jamison Fig 3a; 312 ported entry) is configured to hydraulically connect activation fluid from an annulus of a wellbore to the downhole power unit (Jamison Fig 3a; [0031] Fluids stored in the packer (Jamison Fig 3b; 332) are transferred to the wellbore annulus (Jamison Fig 3a; Fluid flow path of 322) when the shuttle valve is switched to the first position).
Hepburn et al discloses in claim 4. The downhole tool as recited in Claim 2, wherein the downhole power unit has a pre-determined activation pressure (Jamison Fig 3b; 332 [0032] pressure differential between the inside and outside the packer pressurizes the packer seal to expand to the walls of the wellbore), the downhole power unit configured to initiate a setting sequence (Jamison Fig 3b; shows the flow of activation fluid flows from uphole to the downhole power unit and to the port, 312, and expands the packer. i.e. setting sequence) of the packer assembly after receiving activation fluid (Jamison Fig 3b; 332 activation fluid) having at least the pre- determined activation pressure from the ported sub (Jamison Fig 3b; 332 [0032] pressure differential between the inside and outside the packer pressurizes the packer seal to expand to the walls of the wellbore)
Hepburn et al discloses in claim 7. The downhole tool as recited in Claim 4, wherein the downhole power unit is configured to immediately initiate the setting sequence of the packer assembly after receiving the activation fluid having at least the pre-determined activation pressure from the ported sub (Jamison Fig 3b; shows the flow of activation fluid flows from uphole to the downhole power unit and to the port, 312, and expands the packer. i.e. setting sequence Fig 3b; 332 [0032] pressure differential between the inside and outside the packer pressurizes the packer seal to expand to the walls of the wellbore).
Hepburn discloses in claim 15. A well system, comprising:
a main wellbore (Hepburn Fig 4; 304) located in a subterranean formation (Hepburn Fig 1; 106 subterranean formation);
a lateral wellbore (Hepburn Fig 7; 502) extending from the main wellbore (Hepburn Fig 7; 502 extends from main wellbore 304);
and a downhole tool (Hepburn Fig 4; downhole tool 200) positioned proximate an intersection between the main wellbore and the lateral wellbore (Hepburn Fig 5 downhole tool is positioned at an intersection of the main wellbore and the lateral wellbore), the downhole tool including:
a whipstock assembly (Hepburn Fig 2; 200 deflector assembly [0024]), the whipstock assembly including a whipface (Hepburn Fig 2; 222 [0027] deflection surface) having a longitudinal opening extending therethrough (Hepburn Fig 2; 220 [0027] cavity that extends through the axial length of the deflector);
a packer assembly (Hepburn Fig 4; 402 liner assembly comprises packer assembly [0034] one or more packer assembly) coupled to the whipstock assembly (Hepburn Fig 4; packer assembly is connected to the whipstock assembly), the packer assembly including a packer element (Hepburn Fig 4; 416 [0034] multiple packers) configured to move between a radially retracted state and a radially expanded state (Hepburn Fig 4; 416 [0034] multiple packers expand to maintain position within the wellbore);
and further wherein the longitudinal opening is configured to engage with a main bore leg (Hepburn Fig 3 & Fig 10; 304) of a multilateral junction (Hepburn Fig 10; 502 [0054] multilateral wellbore) to produce hydrocarbons (Hepburn [0002] [0017]-[0018] hydrocarbon production from the well) through the whipstock assembly as the whipstock assembly, packer assembly unit remain coupled together (Hepburn Fig 12; Shows the completed downhole completion system with the whipstock and packer assembly units still coupled together).
Hepburn teaches a downhole tool comprising a whipstock assembly and a packer assembly as described above. Hepburn is silent as to how the packers (Fig 4; 416) are expanded and set to maintain position within the wellbore.
However, Jamison discloses a packer assembly used in a downhole tool which comprises: a downhole power unit (Jamison Fig 3a; 302 [0031]-[0032]) positioned between the whipstock assembly and the packer assembly coupled to the pack or assembly (Jamison Fig 3a; Power unit is positioned above the packer assembly), the downhole power unit configured to move the packer element between the radially retracted state (Jamison Fig 3a “radially retracted state”) and the radially expanded state (Jamison fig 3b “radially expanded state” [0031]-[0032] shuttle valve within 302 moves from the first position in Fig 3a to second position in 3b to allow fluid flow into the packer and expand).
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 packer assembly of Hepburn to include the downhole power unit of Jamison to actuate the packers from a radially retracted state to a radially expanded state since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the combination would result in the predictable result of actuate the packers from a radially retracted state to a radially expanded state.
Hepburn et al discloses in claim 16. The well system as recited in Claim 15, further including a ported sub (Jamison Fig 3a; 312 ported entry) coupled to the downhole power unit (Jamison Fig 3a; 302), the ported sub configured to hydraulically connect activation fluid (Jamison Fig 3b; 332) to the downhole power unit (Jamison Fig 3b; shows the flow of activation fluid flows from uphole to the downhole power unit and to the port, 312, and expands the packer).
Hepburn et al discloses in claim 17. The well system as recited in Claim 16, wherein the ported sub (Jamison Fig 3a; 312 ported entry) is configured to hydraulically connect activation fluid from an annulus of a wellbore to the downhole power unit (Jamison Fig 3a; [0031] Fluids stored in the packer (Jamison Fig 3b; 332) are transferred to the wellbore annulus (Jamison Fig 3a; Fluid flow path of 322) when the shuttle valve is switched to the first position).
Hepburn et al discloses in claim 18. The well system as recited in Claim 16, wherein the downhole power unit has a pre-determined activation pressure (Jamison Fig 3b; 332 [0032] pressure differential between the inside and outside the packer pressurizes the packer seal to expand to the walls of the wellbore), the downhole power unit configured to initiate a setting sequence of the packer assembly (Jamison Fig 3b; shows the flow of activation fluid flows from uphole to the downhole power unit and to the port, 312, and expands the packer. i.e. setting sequence) after receiving activation fluid having at least the pre-determined activation pressure from the ported sub (Jamison Fig 3b; 332 activation fluid) having at least the pre- determined activation pressure from the ported sub (Jamison Fig 3b; 332 [0032] pressure differential between the inside and outside the packer pressurizes the packer seal to expand to the walls of the wellbore).
Hepburn et al discloses in claim 21. The well system as recited in Claim 18, wherein the downhole power unit is configured to immediately initiate the setting sequence of the packer assembly after receiving the activation fluid having at least the pre-determined activation pressure from the ported sub (Jamison Fig 3b; shows the flow of activation fluid flows from uphole to the downhole power unit and to the port, 312, and expands the packer. i.e. setting sequence Fig 3b; 332 [0032] pressure differential between the inside and outside the packer pressurizes the packer seal to expand to the walls of the wellbore).
Hepburn discloses in claim 29. A method, comprising:
positioning a downhole tool (Hepburn Fig 4; downhole tool 200) proximate an intersection between a main wellbore (Hepburn Fig 4; 304) and where a lateral wellbore (Hepburn Fig 7; 502 extends from main wellbore 304) is to be located, the downhole tool including:
a whipstock assembly (Hepburn Fig 2; 200 deflector assembly [0024]), the whipstock assembly including a whip face (Hepburn Fig 2; 222 [0027] deflection surface) having a longitudinal opening extending therethrough (Hepburn Fig 2; 220 [0027] cavity that extends through the axial length of the deflector);
a packer assembly (Hepburn Fig 4; 402 liner assembly comprises packer assembly [0034] one or more packer assembly) coupled to the whipstock assembly (Hepburn Fig 4; packer assembly is connected to the whipstock assembly), the packer assembly including a packer element (Hepburn Fig 4; 416 [0034] multiple packers) configured to move between a radially retracted state and a radially expanded state (Hepburn Fig 4; 416 [0034] multiple packers expand to maintain position within the wellbore);
and further wherein the longitudinal opening is configured to engage with a main bore leg (Hepburn Fig 3 & Fig 10; 304) of a multilateral junction (Hepburn Fig 10; 502 [0054] multilateral wellbore) to produce hydrocarbons (Hepburn [0002] [0017]-[0018] hydrocarbon production from the well) through the whipstock assembly as the whipstock assembly, packer assembly unit remain coupled together (Hepburn Fig 12; Shows the completed downhole completion system with the whipstock and packer assembly units still coupled together).
and moving the packer element from the radially retracted state to the radially expanded state to fix the downhole tool within the main wellbore (Hepburn Fig 4; 416 [0034] multiple packers expand to maintain position within the wellbore).
Hepburn teaches a downhole tool comprising a whipstock assembly and a packer assembly as described above. Hepburn is silent as to how the packers (Fig 4; 416) are expanded and set to maintain position within the wellbore.
However, Jamison discloses a packer assembly used in a downhole tool which comprises: a downhole power unit (Jamison Fig 3a; 302 [0031]-[0032]) positioned between the whipstock assembly and the packer assembly coupled to the pack or assembly (Jamison Fig 3a; Power unit is positioned above the packer assembly), the downhole power unit configured to move the packer element between the radially retracted state (Jamison Fig 3a “radially retracted state”) and the radially expanded state (Jamison fig 3b “radially expanded state” [0031]-[0032] shuttle valve within 302 moves from the first position in Fig 3a to second position in 3b to allow fluid flow into the packer and expand).
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 packer assembly of Hepburn to include the downhole power unit of Jamison to actuate the packers from a radially retracted state to a radially expanded state since the claimed invention is merely a combination of old elements, and in the combination each element merely would have performed the same function as it did separately, and one of ordinary skill in the art would have recognized that the combination would result in the predictable result of actuate the packers from a radially retracted state to a radially expanded state.
Hepburn et al discloses in claim 30. The method as recited in Claim 29, wherein the downhole tool further includes a ported sub (Jamison Fig 3a; 312 ported entry) coupled to the downhole power unit (Jamison Fig 3a; 302), the ported sub configured to hydraulically connect activation fluid (Jamison Fig 3b; 332) to the downhole power unit (Jamison Fig 3b; shows the flow of activation fluid flows from uphole to the downhole power unit and to the port, 312, and expands the packer).
Hepburn et al discloses in claim 31. The method as recited in Claim 30, wherein the ported sub (Jamison Fig 3a; 312 ported entry) is configured to hydraulically connect activation fluid from an annulus of a wellbore to the downhole power unit (Jamison Fig 3a; [0031] Fluids stored in the packer (Jamison Fig 3b; 332) are transferred to the wellbore annulus (Jamison Fig 3a; Fluid flow path of 322 when the shuttle valve is switched to the first position).
Hepburn et al discloses in claim 32. The method as recited in Claim 30, wherein moving the packer element from the radially retracted state to the radially expanded state includes hydraulically connecting the activation fluid to the downhole power unit using the ported sub (Jamison Fig 3b; 332 moves from the pipe annulus to the ported sub, 312, the fluid flows through shuttle valve, 306, and into the packer 304 moving the packer from a radially retracted state to a radially expanded state).
Allowable Subject Matter
Claim 5-6, 8, 10-14, 19-20 and 24-28 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement of reasons for allowance:
Claims 5 & 19
Downhole tools comprising a whip face, packer and power unit are well known in the art of wellbore exploration and operations. Representative art which appears close to the claimed invention includes Hepburn (US Pub No 20210332658), Jamison (US Pub No 20210131246), Hosie (US Pub No 20040069496), Sonnier (US Pat 6684953), Maher (US Pub No 20230069763), Szescila (US Pat 4153109) and Wood (US Pub No 20150122493). This art, alone or in combination, discloses various structures related to a downhole tool comprising a whipstock, packers and a power unit utilizing various recited features including but not limited to, such as a whipstock assembly with a whip face, a packer assembly with packer elements, a downhole power unit for expanding the packers or retracting the packers. However, this art fails to disclose or fairly suggest the specifically combined structure and steps regarding the specific positional relationships and operations between each recited structure in operation such as, the downhole power unit has a pressure sensor, the pressure sensor configured to sense for at least the pre-determined activation pressure before initiating the setting sequence. It could be argued that the individual structure is generally known or easily conceived in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships and combinations, which require a greater effort than just cobbling together known structures. Furthermore, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner could find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application.
Claims 6 & 20
Downhole tools comprising a whip face, packer and power unit are well known in the art of wellbore exploration and operations. Representative art which appears close to the claimed invention includes Hepburn (US Pub No 20210332658), Jamison (US Pub No 20210131246), Hosie (US Pub No 20040069496), Sonnier (US Pat 6684953), Maher (US Pub No 20230069763), Szescila (US Pat 4153109) and Wood (US Pub No 20150122493). This art, alone or in combination, discloses various structures related to a downhole tool comprising a whipstock, packers and a power unit utilizing various recited features including but not limited to, such as a whipstock assembly with a whip face, a packer assembly with packer elements, a downhole power unit for expanding the packers or retracting the packers. However, this art fails to disclose or fairly suggest the specifically combined structure and steps regarding the specific positional relationships and operations between each recited structure in operation such as, the ported sub or the downhole power unit has a burst disc, the burst disc configured to burst upon receiving at least the pre-determined activation pressure before initiating the setting sequence. It could be argued that the individual structure is generally known or easily conceived in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships and combinations, which require a greater effort than just cobbling together known structures. Furthermore, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner could find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application.
Claims 8 & 22
Downhole tools comprising a whip face, packer and power unit are well known in the art of wellbore exploration and operations. Representative art which appears close to the claimed invention includes Hepburn (US Pub No 20210332658), Jamison (US Pub No 20210131246), Hosie (US Pub No 20040069496), Sonnier (US Pat 6684953), Maher (US Pub No 20230069763), Szescila (US Pat 4153109) and Wood (US Pub No 20150122493). This art, alone or in combination, discloses various structures related to a downhole tool comprising a whipstock, packers and a power unit utilizing various recited features including but not limited to, such as a whipstock assembly with a whip face, a packer assembly with packer elements, a downhole power unit for expanding the packers or retracting the packers. However, this art fails to disclose or fairly suggest the specifically combined structure and steps regarding the specific positional relationships and operations between each recited structure in operation such as, the downhole power unit is configured to start a pre-determined countdown to initiate the setting sequence of the packer assembly after receiving the activation fluid having at least the pre-determined activation pressure from the ported sub. It could be argued that the individual structure is generally known or easily conceived in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships and combinations, which require a greater effort than just cobbling together known structures. Furthermore, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner could find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application.
Claims 10-11 & 24-25
Downhole tools comprising a whip face, packer and power unit are well known in the art of wellbore exploration and operations. Representative art which appears close to the claimed invention includes Hepburn (US Pub No 20210332658), Jamison (US Pub No 20210131246), Hosie (US Pub No 20040069496), Sonnier (US Pat 6684953), Maher (US Pub No 20230069763), Szescila (US Pat 4153109) and Wood (US Pub No 20150122493). This art, alone or in combination, discloses various structures related to a downhole tool comprising a whipstock, packers and a power unit utilizing various recited features including but not limited to, such as a whipstock assembly with a whip face, a packer assembly with packer elements, a downhole power unit for expanding the packers or retracting the packers. However, this art fails to disclose or fairly suggest the specifically combined structure and steps regarding the specific positional relationships and operations between each recited structure in operation such as, a milling assembly removably coupled to the whipface. It could be argued that the individual structure is generally known or easily conceived in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships and combinations, which require a greater effort than just cobbling together known structures. Furthermore, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner could find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application.
Claims 12 & 27
Downhole tools comprising a whip face, packer and power unit are well known in the art of wellbore exploration and operations. Representative art which appears close to the claimed invention includes Hepburn (US Pub No 20210332658), Jamison (US Pub No 20210131246), Hosie (US Pub No 20040069496), Sonnier (US Pat 6684953), Maher (US Pub No 20230069763), Szescila (US Pat 4153109) and Wood (US Pub No 20150122493). This art, alone or in combination, discloses various structures related to a downhole tool comprising a whipstock, packers and a power unit utilizing various recited features including but not limited to, such as a whipstock assembly with a whip face, a packer assembly with packer elements, a downhole power unit for expanding the packers or retracting the packers. However, this art fails to disclose or fairly suggest the specifically combined structure and steps regarding the specific positional relationships and operations between each recited structure in operation such as, the packer assembly includes an inner mandrel, upper slips positioned about the inner mandrel, lower slips positioned about the inner mandrel, and the packer element positioned about the inner mandrel between the upper slips and the lower slips, wherein the inner mandrel is configured to axially slide to move the upper slips and lower slips toward one another to compress the packer element from its radially retracted state to its radially expanded state. It could be argued that the individual structure is generally known or easily conceived in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships and combinations, which require a greater effort than just cobbling together known structures. Furthermore, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner could find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application.
Claims 13-14 & 27-28
Downhole tools comprising a whip face, packer and power unit are well known in the art of wellbore exploration and operations. Representative art which appears close to the claimed invention includes Hepburn (US Pub No 20210332658), Jamison (US Pub No 20210131246), Hosie (US Pub No 20040069496), Sonnier (US Pat 6684953), Maher (US Pub No 20230069763), Szescila (US Pat 4153109) and Wood (US Pub No 20150122493). This art, alone or in combination, discloses various structures related to a downhole tool comprising a whipstock, packers and a power unit utilizing various recited features including but not limited to, such as a whipstock assembly with a whip face, a packer assembly with packer elements, a downhole power unit for expanding the packers or retracting the packers. However, this art fails to disclose or fairly suggest the specifically combined structure and steps regarding the specific positional relationships and operations between each recited structure in operation such as, the downhole power unit is configured to receive an activation signal along wired drill string. It could be argued that the individual structure is generally known or easily conceived in the art and thus, could just be assembled to disclose the claimed invention. However, the instant invention clearly and specifically recites structural relationships and combinations, which require a greater effort than just cobbling together known structures. Furthermore, the claimed structures are sufficiently detailed to be distinguishable when configured as claimed. The examiner could find no motivation to combine or modify the references which would define a fully functioning apparatus as claimed in the instant application.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s amendments and arguments, filed 01/26/2026, with respect to the rejection(s) of claim(s) 1-32 under 35 USC 102/103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection for claims 1-4, 7, 15-18, 21-22, 29-32 is made in view of Hepburn (US Pub No 20210332658) & Jamison (US Pub No 20210131246). Claim 5-6, 8, 10-14, 19-20 and 24-28 are indicated as containing allowable subject matter as discussed 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 Nicholas D Wlodarski whose telephone number is (571)272-3970. The examiner can normally be reached Monday - Friday 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached at (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS D WLODARSKI/ Examiner, Art Unit 3672
/Nicole Coy/ Supervisory Patent Examiner, Art Unit 3672