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 .
Response to Amendment
This action is in response to the remarks filed on 5/14/2026. The amendments filed on 5/14/2026 are entered.
Claim Rejections - 35 USC § 102
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.
Claims 1, 8, 12, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Labyed (U.S. Pub. No. 20210145409) hereinafter Labyed ‘409.
Regarding claim 1, Labyed ‘409 teaches:
An ultrasound diagnostic apparatus (abstract), comprising:
an ultrasound probe ([0020], handheld ultrasound probe; [0024], ultrasound transducer; [0059]; [0064], ultrasound transducer); and
processing circuitry configured to cause the ultrasound probe to perform a scan on a subject and to analyze results of the scan ([0017], image processor; [0020], scanning; [0059]-[0068], image processor and beamforming processing; [0070], image processor; [0071]-[0077], image processor),
wherein the processing circuitry is configured to
acquire, from the results of the scan, a plurality of tissue-property index values respectively indicating a plurality of different types of tissue-property parameters ([0015], tissue properties are measured; [0016], multiple parameters based on the ultrasound are used; [0022], multiple parameters are acquired; [0023]-[0024]; [0025], tissue properties or parameters are measured which form a plurality of tissue-property index values (quantitative measurements) based upon the tissue property parameters; [0026]-[0040], further describe acquisition and processing of tissue property index values based upon measured tissue property parameters; [0071]-[0075]),
acquire a plurality of first reliability index values respectively indicating reliabilities of the plurality of different types of tissue-property parameters ([0003]-[0005], quality indicators for the parameters measured; [0015]-[0019], quality indicators; [0040]-[0043], quality indicators; [0044], quality indicators provided form reliability index values that indicate and represent the quality of the measured tissue property parameter index values; [0045]-[0051], quality indicators are measured; [0058]; [0071]-[0076]),
calculate based on the plurality of tissue-property index values, a disease-state index value indicating a disease state of the subject ([0005], disease state; [0015], disease state; [0026], disease state of the liver of a patient; [0052]-[0057], disease spectrum analysis of the data of tissue properties provides for grading and disease diagnostics calculations that forms a disease state index value indicating the disease state of the subject; [0074], disease state); and
calculate, based on the plurality of first reliability index values, a second reliability index value indicating reliability of the disease-state index value ([0056], probability of a disease state; [0057], likelihood of each disease state for each parameter is given, which forms a second reliability index value that indicates the reliable of the disease state prediction and disease state index value; [0074]).
Regarding claim 8, Labyed ‘409 teaches all the limitations of claim 1. Labyed ‘409 further teaches:
wherein the processing circuitry is further configured to cause a display to display the disease-state index value and the second reliability index value ([0052]-[0057], disease spectrum analysis of the data of tissue properties provides for grading and disease diagnostics calculations that forms a disease state index value indicating the disease state of the subject; [0057], likelihood of each disease state for each parameter is given, which forms a second reliability index value that indicates the reliable of the disease state prediction and disease state index value; figures 2-5; see also [0050]-[0051]).
Regarding claim 12, Labyed ‘409 teaches all the limitations of claim 1. Labyed ‘409 further teaches:
wherein the processing circuitry is configured to calculate the second reliability index value represented by any one of a numerical value, a binary indicator, and a probability ([0056], probability of a disease state; [0057], likelihood of each disease state for each parameter is given, which forms a second reliability index value that indicates the reliable of the disease state prediction and disease state index value; [0074])
Regarding claim 16, Labyed ‘409 teaches:
A method (abstract), comprising:
causing an ultrasound probe to perform a scan on a subject ([0017], image processor; [0020], scanning with ultrasound probe; [0059]-[0068], image processor and beamforming processing; [0070], image processor; [0071]-[0077], image processor);
acquiring, from the results of the scan, a plurality of tissue-property index values respectively indicating a plurality of different types of tissue-property parameters ([0015], tissue properties are measured; [0016], multiple parameters based on the ultrasound are used; [0022], multiple parameters are acquired; [0023]-[0024]; [0025], tissue properties or parameters are measured which form a plurality of tissue-property index values (quantitative measurements) based upon the tissue property parameters; [0026]-[0040], further describe acquisition and processing of tissue property index values based upon measured tissue property parameters; [0071]-[0075]);
acquiring a plurality of first reliability index values respectively indicating reliabilities of the plurality of different types of tissue-property parameters ([0003]-[0005], quality indicators for the parameters measured; [0015]-[0019], quality indicators; [0040]-[0043], quality indicators; [0044], quality indicators provided form reliability index values that indicate and represent the quality of the measured tissue property parameter index values; [0045]-[0051], quality indicators are measured; [0058]; [0071]-[0076]);
calculating, based on the plurality of tissue-property index values, a disease-state index value indicating a disease state of the subject ([0005], disease state; [0015], disease state; [0026], disease state of the liver of a patient; [0052]-[0057], disease spectrum analysis of the data of tissue properties provides for grading and disease diagnostics calculations that forms a disease state index value indicating the disease state of the subject; [0074], disease state); and
calculating, based on the plurality of first reliability index values, a second reliability index value indicating reliability of the disease-state index value ([0056], probability of a disease state; [0057], likelihood of each disease state for each parameter is given, which forms a second reliability index value that indicates the reliable of the disease state prediction and disease state index value; [0074]).
Regarding claim 17, Labyed ‘409 teaches:
A storage non-transitory computer-readable recording medium non-transitorily stores storing a program that causes a computer (abstract) to execute:
causing an ultrasound probe to perform a scan on a subject ([0017], image processor; [0020], scanning with ultrasound probe; [0059]-[0068], image processor and beamforming processing; [0070], image processor; [0071]-[0077], image processor);
acquiring, from the results of the scan, a plurality of tissue-property index values respectively indicating a plurality of different types of tissue-property parameters ([0015], tissue properties are measured; [0016], multiple parameters based on the ultrasound are used; [0022], multiple parameters are acquired; [0023]-[0024]; [0025], tissue properties or parameters are measured which form a plurality of tissue-property index values (quantitative measurements) based upon the tissue property parameters; [0026]-[0040], further describe acquisition and processing of tissue property index values based upon measured tissue property parameters; [0071]-[0075]);
acquiring a plurality of first reliability index values respectively indicating reliabilities of the plurality of different types of tissue-property parameters ([0003]-[0005], quality indicators for the parameters measured; [0015]-[0019], quality indicators; [0040]-[0043], quality indicators; [0044], quality indicators provided form reliability index values that indicate and represent the quality of the measured tissue property parameter index values; [0045]-[0051], quality indicators are measured; [0058]; [0071]-[0076]);
calculating, based on the plurality of tissue-property index values, a disease-state index value indicating a disease state of the subject ([0005], disease state; [0015], disease state; [0026], disease state of the liver of a patient; [0052]-[0057], disease spectrum analysis of the data of tissue properties provides for grading and disease diagnostics calculations that forms a disease state index value indicating the disease state of the subject; [0074], disease state); and
calculating, based on the plurality of first reliability index values, a second reliability index value indicating reliability of the disease-state index value ([0056], probability of a disease state; [0057], likelihood of each disease state for each parameter is given, which forms a second reliability index value that indicates the reliable of the disease state prediction and disease state index value; [0074]).
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.
Claims 2-3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Labyed ‘409 as applied to claims 1 or 12 above, and further in view of Yoshikawa (U.S. Pub. No. 20150133782) hereinafter Yoshikawa.
Regarding claim 2, primary reference Labyed ‘409 teaches all of the limitations of claim 1. Primary reference Labyed ‘409 further fails to teach:
wherein the plurality of different types of tissue-property parameters include at least two selected from elasticity of a tissue, viscosity of a tissue, and attenuation of an ultrasonic wave
However, the analogous art of Yoshikawa of a tissue parameter measurement ultrasound imaging system (abstract) teaches:
wherein the plurality of different types of tissue-property parameters include at least two selected from elasticity of a tissue, viscosity of a tissue, and attenuation of an ultrasonic wave ([0044], elastic information indicative of elasticity and viscosity; [0050], “the elastic information of the tissue, namely, the physical properties of the tissue such as distortion, a shear wave velocity, a longitudinal wave velocity, a Young's modulus, the modulus of rigidity, the modulus of volume elasticity, a Poisson's ratio, and a viscosity coefficient are evaluated by the elastic evaluation unit 35 on the basis of the measured shear wave velocity.” This forms at least elasticity of a tissue and viscosity of a tissue as claimed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 to incorporate the tissue property parameters of elasticity and viscosity as taught by Yoshikawa because properties such as elasticity and viscosity indicate general physical properties related to deformation of materials (Yoshikawa, [0044]). This enables determinations about tissue state and disease diagnostics, leading to improved clinical interventions.
Regarding claim 3, the combined references of Labyed ‘409 and Yoshikawa teach all of the limitations of claim 2. Primary reference Labyed ‘409 further fails to teach:
wherein the processing circuitry is configured to acquire the first reliability index value regarding the elasticity and the viscosity based on at least one of an amplitude of a shear wave, a signal-to-noise (S/N) ratio, propagation accuracy of the shear wave, and a standard deviation of numerical value
However, the analogous art of Yoshikawa of a tissue parameter measurement ultrasound imaging system (abstract) teaches:
wherein the processing circuitry is configured to acquire the first reliability index value regarding the elasticity and the viscosity based on at least one of an amplitude of a shear wave, a signal-to-noise (S/N) ratio, propagation accuracy of the shear wave, and a standard deviation of numerical value ([0055]-[0056], standard deviation of the ROI is utilized to calculate the distance index which as in [0063]-[0065] is used to determine the reliability measurement of the regions of interest and all regions of interest as a whole; [0074]-[0076], standard deviation of the elastic evaluation values calculated in the ROIs and figure 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 and Yoshikawa to incorporate the tissue property parameters of elasticity and viscosity based upon standard deviation as taught by Yoshikawa because standard deviation serves as an index of the wavefront disorder (Yoshikawa, [0055]). This enables determinations about tissue state from the collected ultrasound data to a high degree of accuracy.
Regarding claim 13, primary reference Labyed ‘409 teaches all of the limitations of claim 12. Primary reference Labyed ‘409 further fails to teach:
wherein the processing circuitry is configured to calculate at least one of a mean value, a median value, and a standard deviation in a specified region for the disease-state index value
However, the analogous art of Yoshikawa of a tissue parameter measurement ultrasound imaging system (abstract) teaches:
wherein the processing circuitry is configured to calculate at least one of a mean value, a median value, and a standard deviation in a specified region for the disease-state index value ([0028], “a reliability index of a result of the elastic evaluation in a measurement region, and is a value indicating the reliability of a result of the elastic evaluation in each measurement region” which forms a numerical value; [0061]; [0063]; [0064], the “all ROIs” value is an average value (mean value) for a specified area of all regions of interest based upon the plurality of tissue property parameters calculated for each individual region of interest; [0065], reliability indices are determines for the plurality of region of interest elastic evaluation values which forms a plurality of tissue property parameters across the regions of interest of tissue; [0074], figure 14; [0075]-[0076]; Note in the combined prior art invention the reliability index would be further applied to the disease state index value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 to incorporate the mean value calculation across a region for an index as taught by Yoshikawa because mean value calculation provides a certainty across the entire region of interest (Yoshikawa, [0064]). This enables determinations about tissue state and disease diagnostics, leading to improved clinical interventions.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Labyed ‘409, in view of Yoshikawa as applied to claim 2 above, and further in view of Kanayama (U.S. Pub. No. 20170258438) hereinafter Kanayama, in further view of Suzuki et al. (U.S. Pub. No. 20100185090) hereinafter Suzuki.
Regarding claim 4, the combined references of Labyed ‘409 and Yoshikawa teach all of the limitations of claim 2. Primary reference Yoshikawa further fails to teach:
wherein the processing circuitry is configured to acquire the first reliability index value regarding the attenuation of the ultrasonic wave
However, the analogous art of Kanayama of a ultrasound diagnostic apparatus for analysis of tissue characterization (abstract) teaches:
wherein the processing circuitry is configured to acquire the first reliability index value regarding the attenuation of the ultrasonic wave ([0152]-[0154], attenuation constant reliability determination; [0159], “calculates the reliability for representative values representing a plurality of attenuation constants included in the measurement ROI”; [0162]-[0164]; [0175]-[0180], reliability of a representative value of attenuation)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 and Yoshikawa to incorporate the reliability regarding ultrasound wave attenuation as taught by Kanayama because it provides a user with an indication as to whether the ultrasound output data has sufficient reliability to provide useful diagnostic information of the attenuated signal (Kanayama, [0154]-[0156]). This leads to more accurate diagnostics and improved clinical outcomes.
Primary reference Labyed ‘409 further fails to teach:
based on at least one of accuracy of linear approximation of the reflected wave signal, multiple signals, and a structure
However, the analogous art of Suzuki of an ultrasound diagnostic apparatus with processing features for obtaining highly reliable measurements (abstract) teaches:
based on at least one of accuracy of linear approximation of the reflected wave signal, multiple signals, and a structure ([0180]; [0181], “The degree-of-reliability determining section 33d includes a minimum square calculating section 338 and an estimated error checking section 339. The minimum square calculating section 338 receives the output of the shape measured value calculating section 31, finds the maximum value of the magnitudes of positional displacements (i.e., the maximum displacement) of the respective measuring points (i.e., tissues under test), performs a minimum square computation using the depths of the respective measuring points and their maximum displacement, and then outputs a gradient by subjecting those minimum squares to linear approximation.”; [0182]-[0185]; see also [0118]-[0119]; [0122]-[0123]; [0143]-[0148]; [0155]-[0162]; [0163]-[0164]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409, Yoshikawa and Kanayama to incorporate the linear approximation of the signal for reliability determination as taught by Suzuki because it provides quantitative analysis of the estimated error for measured points of the linear function, leading to highly accurate reliability estimates of the measured acoustic line output data (Suzuki, [0180]-[0185]). This leads to higher certainty of output data, leading to better quality diagnostics.
Claims 5-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Labyed ‘409 as applied to claim 1 above, and further in view of Sasada et al. (U.S. Pub. No. 20220020147) hereinafter Sasada.
Regarding claim 5, primary reference Labyed ‘409 teaches all the limitations of claim 1. Primary reference Labyed ‘409 further fails to teach:
wherein the processing circuitry is further configured to calculate the second reliability index value within an area in tissue of the subject in which each of the plurality of first reliability index values is equal to or higher than a threshold, in a tissue of the subject
However, the analogous art of Sasada of an assessment derivation system for a region of interest in a medical image (abstract) teaches:
wherein the processing circuitry is further configured to calculate the second reliability index value within an area in tissue of the subject in which each of the plurality of first reliability index values is equal to or higher than a threshold, in a tissue of the subject ([0056], reliability related to a threshold for outputting the assessment value to the display device; [0061], threshold value for providing the tile assessment value (second reliability index value in the combined prior art invention); [0158]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 to incorporate the calculation of index values in an area higher than a threshold as taught by Sasada because it provides only regions wherein the reliability of the assessments can be reliable (Sasada, [0056]). This provides clinicians with higher quality output data and prevents misdiagnoses.
Regarding claim 6, primary reference Labyed ‘409 teaches all the limitations of claim 1. Primary reference Labyed ‘409 further fails to teach:
wherein the processing circuitry is further configured to calculate the second reliability index value within an area in tissue of the subject in which at least one of the plurality of first index values is equal to or higher than a threshold, in a tissue of the subject
However, the analogous art of Sasada of an assessment derivation system for a region of interest in a medical image (abstract) teaches:
wherein the processing circuitry is further configured to calculate the second reliability index value within an area in tissue of the subject in which at least one of the plurality of first index values is equal to or higher than a threshold, in a tissue of the subject ([0056], reliability related to a threshold for outputting the assessment value to the display device; [0061], threshold value for providing the tile assessment value (second reliability index value in the combined prior art invention); [0158]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 to incorporate the calculation of index values in an area higher than a threshold as taught by Sasada because it provides only regions wherein the reliability of the assessments can be reliable (Sasada, [0056]). This provides clinicians with higher quality output data and prevents misdiagnoses.
Regarding claim 10, primary reference Labyed ‘409 teaches all the limitations of claim 1. Primary reference Labyed ‘409 further fails to teach:
wherein the processing circuitry is further configured to:
extract, as a high reliability area, an area in tissue of the subject in which each of the first reliability index values calculated at each position within a region of interest is equal to or higher than a threshold,
generate a first two-dimensional color map indicating the disease-state index value at each position within the high reliability area,
generate a second two-dimensional color map indicating the second reliability index value at each position within the high reliability area, and
cause a display to display the first two-dimensional color map and the second two- dimensional color map.
However, the analogous art of Sasada of an assessment derivation system for a region of interest in a medical image (abstract) teaches:
wherein the processing circuitry is further configured to:
extract, as a high reliability area, an area in tissue of the subject in which each of the first reliability index values calculated at each position within a region of interest is equal to or higher than a threshold ([0056], reliability related to a threshold for outputting the assessment value to the display device; [0061], threshold value for providing the tile assessment value (second reliability index value in the combined prior art invention); [0158]),
generate a first two-dimensional color map indicating the disease-state index value at each position within the high reliability area ([0055]-[0059], tile assessment values including a reliability of the values; [0060]-[0065]; [0066], color of the tiles forms a first two-dimensional color map indicating the disease state at each region of interest in the image; [0067], tile assessments provided in different colors such as in heat maps indicating the physiological condition; [0112]),
generate a second two-dimensional color map indicating the second reliability index value at each position within the high reliability area ([0055]-[0059], tile assessment values including a reliability of the values; [0060]-[0065]; [0066], color transparency of the tiles forms a second two-dimensional color map indicating the disease state reliability at each region of interest in the image; [0067], tile assessments provided in different color transparencies such as in heat maps indicating the physiological condition measurement reliability; [0112]), and
cause a display to display the first two-dimensional color map and the second two- dimensional color map ([0055]-[0059], tile assessment values including a reliability of the values; [0060]-[0065]; [0066], color including the transparency of the tiles forms a first and second generated two-dimensional color map indicating the disease state at each region of interest in the image as well as the reliability; [0067], tile assessments provided in different colors and transparencies such as in heat maps indicating the physiological condition; [0112]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 to incorporate the generation of color map and transparency color map for assessment values as taught by Sasada because it provides clear visualization of the assessment data to a clinical user (Sasada, [0060]-[0066]). This leads to quicker and more reliable determination of patient disease state and condition.
Claims 11 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Labyed ‘409 as applied to claim 1 above, and further in view of Labyed (U.S. Pub. No. 20200205786) hereinafter Labyed ‘786.
Regarding claim 11, primary reference Labyed ‘409 teaches all of the limitations of claim 1. Primary reference Yoshikawa further fails to teach:
wherein the processing circuitry is further configured to calculate the disease state index value based on the plurality of tissue-property index values and any one of a regression model and a machine learning model based on statistical analysis
However, the analogous art of Labyed ‘786 of an ultrasound-based estimation of disease activity (abstract) teaches:
wherein the processing circuitry is further configured to calculate the disease state index value based on the plurality of tissue-property index values and any one of a regression model and a machine learning model based on statistical analysis ([0054]-[0055], machine learnt classifier estimates the tissue property; [0056]-[0063], tissue parameter determination; [0107]-[0109], tissue property and/or disease activity values are determined based upon the ultrasound signals and tissue property estimations are applied with a machine-learnt classifier which is a machine learning model based on statistical analysis).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 to incorporate the machine learning based tissue parameter estimation as taught by Labyed ‘786 because thousands of samples can be used to train the model to determine highly accurate estimations of tissue parameters (Labyed ‘786, [0054]-[0056]). This leads to faster, higher quality outputs on the same amounts of input data.
Regarding claim 14, the combined references of Labyed ‘409 and Labyed ‘786 teach all of the limitations of claim 11. Primary reference Yoshikawa further fails to teach:
wherein the regression model is a model calculated by logistic regression
However, the analogous art of Labyed ‘786 of an ultrasound-based estimation of disease activity (abstract) teaches:
wherein the regression model is a model calculated by logistic regression ([0090], logistic regression model is used; [0109], ‘the score is generated with a machine-learnt classifier or a logistic regression model. For example, the logistic regression model relates the scatter (e.g., acoustic backscatter coefficient) and two or more shear wave parameters (e.g., shear wave velocity and shear wave damping ratio) to the level of disease activity”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 and Labyed ‘786 to incorporate the logistic regression model as taught by Labyed ‘786 because the model relates the scatter (e.g., acoustic backscatter coefficient) and two or more shear wave parameters (e.g., shear wave velocity and shear wave damping ratio) to the level of disease activity (Labyed, [0109]). This leads to a disease-relevant index value for calculation of tissue parameters, leading to enhanced diagnostic analysis of the tissue region of interest.
Regarding claim 15, the combined references of Labyed ‘409 and Labyed ‘786 teach all of the limitations of claim 11. Primary reference Yoshikawa further fails to teach:
wherein the machine learning model is a model acquired by any one of support vector machine and a random forest
However, the analogous art of Labyed ‘786 of an ultrasound-based estimation of disease activity (abstract) teaches:
wherein the machine learning model is a model acquired by any one of support vector machine and a random forest ([0054], support vector machine; [0090]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tissue parameter reliability ultrasound characterization system of Labyed ‘409 and Labyed ‘786 to incorporate the machine learning support vector machine-based tissue parameter estimation as taught by Labyed ‘786 because thousands of samples can be used to train the model to determine highly accurate estimations of tissue parameters (Labyed ‘786, [0054]-[0056]). This leads to faster, higher quality outputs on the same amounts of input data.
Response to Arguments
Applicant’s arguments with respect to claims 1-6, 8, and 10-17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 SEAN A FRITH whose telephone number is (571)272-1292. The examiner can normally be reached M-Th 8:00-5:30 Second Fri 8:00-4:30.
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/SEAN A FRITH/Primary Examiner, Art Unit 3798
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