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
Applicant’s Amendments, filed 6/2/2026, to claims 1, 9, 17 acknowledged by Examiner. Additionally, applicant cancelled claims 5, 13.
Claims 1-4, 6-12, 14-17 are now pending.
Response to Arguments
Applicant's arguments filed 6/2/2026 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments against Thor in regards to the amended slidably coupling language in comparison to the 102 rejection of previous claims 1 and 9 (Remarks Pages 6-8), the arguments herein are found moot as the 102 rejection has been updated to the 103 rejection of Thor (Fig. 36-41) as modified by Thor (Fig. 44) as necessitated by the amendments.
In regards to Applicant’s arguments against the 103 rejection of Thor (Fig. 36-41) as modified by Thor (Fig. 44) (Remarks Pages 8-10), Examiner is not persuaded. As updated for clarity purposes in the updated rejection below (grounds of rejection not being altered), Thor (Fig. 36-41) provides a lateral coupling system with a first extension panel 376 and a second extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, first right set of panels 376 and 402), wherein the first extension panel 376 including one or more guides 386, 390 (Fig. 36-37, Col. 15 line 63 – Col. 16 line 8, the recesses 386/390 being guides therein) and the second extension panel 402 including one or more guide fasteners 412 coupled to the one or more guides 386, 390 (Fig. 36-41, Col. 15 line 63 – Col. 16 line 20, locking projection 412 being a guide therein for coupling to the guides 386/390 for length adjustment of the cervical collar). Thus the only difference between Thor (Fig. 36-41) is this coupling being instead a sliding coupling of guides and guide fasteners. Thor (Fig. 44) is noted to have an alternate posterior strap extension (Col. 17 lines 12-25, being for analogous length adjustment of the collar), wherein the analogous first extension panel 422 includes analogous one or more guides 428 (Fig. 44) and the analogous second extension panel 420 includes analogous one or more guide fasteners 430 slidably coupled to the one or more guides 428 (Col. 17 lines 12-25); wherein the panel 422 (Fig. 41) is noted as being an analogous first extension panel as it contains the analogous guides 428 being analogous to the guides/recesses of the Fig. 36-41 embodiment and the same for the panel 420 (Fig. 41) being noted as an analogous second extension panel because it has analogous guide fasteners 430 in function of coupling between the two being thus analogous to the guides 386, 390 and guide fastener 412 of the Fig. 36-41 embodiment. They are also analogous in function of enabling circumferential length changes in the collar as noted in the previous rejection. Thus one of ordinary skill would be easily led to modifying the guides and guide fasteners of Fig. 36-41 to be instead the guides and guide fasteners of Fig. 44 as an alternate form of lateral length adjustment.
In regards to Applicant’s arguments against the 103 rejection of Thor (Fig. 36-41) as modified by Wang (Remarks Pages 8-10), Examiner is not persuaded. The rejection is merely providing an analogous sliding coupling as provided by Wang wherein the sliding coupling having an analogous guide fastener in a sliding guide may be a cam latch structure for providing a locking in of the sliding coupling. The modification of record is merely modifying the guide fastener to be the cam latch as claimed for providing an improved coupling therein. In response to applicant's argument that Thor and Wang is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Wang is analogous art being toward the problem of sliding coupling between two panels therein.
Examiner’s Notes
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
Claim Objections
Claims 3, 6, 11, 14 objected to because of the following informalities:
Claim 3 recites “a first extension panel and a second extension panel” should be -the first extension panel and the second extension panel-.
Claim 6 recites “the second extension panel includes a guide fastener” should be - the second extension panel includes the one or more guide fasteners-.
Claim 11 recites “a first extension panel and a second extension panel” should be -the first extension panel and the second extension panel-.
Claim 14 recites “the second extension panel includes a guide fastener” should be - the second extension panel includes the one or more guide fasteners-.
Appropriate correction is required.
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 nonobviousness.
Claim(s) 1-4, 7-12, 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorgilsdottir et al (US 7981068 B2), henceforth Thor.
Regarding claim 1, Thor discloses a posterior collar assembly 370 (Fig. 36-41) for a cervical collar 100 (Fig. 1), comprising:
one or more cervical panels 398 (Fig. 36, Col. 15 lines 54-56, panels 398 correspond to rear head region including thus the cervical spine region); and
an attachment panel 372 including (i) a central support member 372 coupled to the one or more cervical panels 398 (Fig. 36-37),
(ii) a first extension member 376-1 (Fig. 36-37, the first extension member 376-1 being the right-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37),
wherein the first extension member 376-1 comprises a first extension panel 376 and a second extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, first right set of panels 376 and 402),
the first extension panel 376 including one or more guides 386, 390 (Fig. 36-37, Col. 15 line 63 – Col. 16 line 8, the recesses 386/390 being guides therein) and the second extension panel 402 including one or more guide fasteners 412 coupled to the one or more guides 386, 390 (Fig. 36-41, Col. 15 line 63 – Col. 16 line 20, locking projection 412 being a guide therein for coupling to the guides 386/390 for length adjustment of the cervical collar),
(iii) a second extension member 375-2 (Fig. 36-37, the second extension member 376-2 being the left-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37).
Thor (embodiment Fig. 36-41) is silent on wherein the first extension panel includes one or more guides and the second extension panel includes one or more guide fasteners slidably coupled to the one or more guides.
However, Thor (Fig. 44) teaches an alternate posterior strap extension (Col. 17 lines 12-25), wherein the analogous first extension panel 422 includes analogous one or more guides 428 (Fig. 44) and the analogous second extension panel 420 includes analogous one or more guide fasteners 430 slidably coupled to the one or more guides 428 (Col. 17 lines 12-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the one or more guides 386, 390 and one or more guide fasteners 412 of Thor (Fig. 36-41) to be respectively instead the analogous one or more guides 428 (Fig. 44) and analogous one or more guide fasteners 430 (Fig. 33) to be slidably coupled to each other as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling of the neck (Thor Col. 17 lines 12-25) (Examiner notes the modification herein is towards the respective guides and fasteners of the embodiments therein).
Regarding claim 2, Thor discloses the invention of claim 1 above.
Thor further discloses wherein the first extension member 376-1 is laterally adjustable in a first direction away from the central support member 372 and the second extension member 376-2 is laterally adjustable in a second direction away from the central support member 372 (Col. 15 line 63 – Col. 16 line 44, wherein each extension member 376 has a side connection piece 402 for laterally adjusting the length of the extension members 376 in two first and second directions being away from the central support member 372 through locking the side connection piece 402 into one of the holes 390/386 on each side) (Further as modified by Fig. 44, they are slidable in such lateral direction).
Regarding claim 3, Thor discloses the invention of claim 1 above.
Thor further discloses wherein the first extension member 376-1 comprises a first extension panel 376 and a second extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, first right set of panels 376 and 402),
the first extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the second extension panel 402 is moveably coupled to the first extension panel 376 to laterally move in a first direction away from the central support member 372 and in a second direction toward the central support member 372 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the second extension panel 402 into one of the holes 380/386 would either move the second extension panel 402 closer/toward the central support member 372 or away from the member 372) (Further as modified by Fig. 44, they are slidable in such lateral direction).
Regarding claim 4, Thor discloses the invention of claim 3 above.
Thor further discloses wherein the second extension member 376-1 comprises a third extension panel 376 and a fourth extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, second left set of panels 376 and 402),
the third extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the fourth extension panel 402 is moveably coupled to the third extension panel 376 to laterally move in the second direction away from the central support member 372 and in the first direction toward the central support member 372 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the fourth extension panel 402 into one of the holes 380/386 would either move the fourth extension panel 402 closer/toward the central support member 372 or away from the member 372).
Regarding claim 7, Thor discloses the invention of claim 3 above.
Thor further discloses wherein the first extension member 376-1 (right) and the second extension member 376-2 (left) are symmetrical and located on opposite lateral sides of the central support member 372 (Fig. 36-37, both extensions 376 are located on the opposites lateral sides of the central member 372 and are symmetrical therein).
Regarding claim 8, Thor discloses the invention of claim 1 above.
Thor further discloses being coupled to an anterior collar assembly 100 to form a cervical collar (Fig. 10-11).
Regarding claim 9, Thor discloses an attachment panel 372 (Fig. 36-41) for a cervical collar (Fig 10-11) comprising:
a central support member 372 coupled to the one or more cervical panels 398 (Fig. 36-37) configured for coupling to one or more cervical panels 398 of the cervical collar (Fig. 36, Col. 15 lines 54-56, panels 398 correspond to rear head region including thus the cervical spine region, member 372 is coupled to the panels 398 thus is “configured for coupling”),
a first extension member 376-1 (Fig. 36-37, the first extension member 376-1 being the right-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37),
wherein the first extension member 376-1 comprises a first extension panel 376 and a second extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, first right set of panels 376 and 402),
the first extension panel 376 including one or more guides 386, 390 (Fig. 36-37, Col. 15 line 63 – Col. 16 line 8, the recesses 386/390 being guides therein) and the second extension panel 402 including one or more guide fasteners 412 coupled to the one or more guides 386, 390 (Fig. 36-41, Col. 15 line 63 – Col. 16 line 20, locking projection 412 being a guide therein for coupling to the guides 386/390 for length adjustment of the cervical collar), and
a second extension member 375-2 (Fig. 36-37, the second extension member 376-2 being the left-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37).
Thor (embodiment Fig. 36-41) is silent on wherein the first extension panel includes one or more guides and the second extension panel includes one or more guide fasteners slidably coupled to the one or more guides.
However, Thor (Fig. 44) teaches an alternate posterior strap extension (Col. 17 lines 12-25), wherein the analogous first extension panel 422 includes analogous one or more guides 428 (Fig. 44) and the analogous second extension panel 420 includes analogous one or more guide fasteners 430 slidably coupled to the one or more guides 428 (Col. 17 lines 12-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the one or more guides 386, 390 and one or more guide fasteners 412 of Thor (Fig. 36-41) to be respectively instead the analogous one or more guides 428 (Fig. 44) and analogous one or more guide fasteners 430 (Fig. 33) to be slidably coupled to each other as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling of the neck (Thor Col. 17 lines 12-25) (Examiner notes the modification herein is towards the respective guides and fasteners of the embodiments therein).
Regarding claim 10, Thor discloses the invention of claim 9 above.
Thor further discloses wherein the first extension member 376-1 is laterally adjustable in a first direction away from the central support member 372 and the second extension member 376-2 is laterally adjustable in a second direction away from the central support member 372 (Col. 15 line 63 – Col. 16 line 44, wherein each extension member 376 has a side connection piece 402 for laterally adjusting the length of the extension members 376 in two first and second directions being away from the central support member 372 through locking the side connection piece 402 into one of the holes 390/386 on each side) (Further as modified by Fig. 44, they are slidable in such lateral direction).
Regarding claim 11, Thor discloses the invention of claim 9 above.
Thor further discloses wherein the first extension member 376-1 comprises a first extension panel 376 and a second extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, first right set of panels 376 and 402),
the first extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the second extension panel 402 is moveably coupled to the first extension panel 376 to laterally move in a first direction away from the central support member 372 and in a second direction toward the central support member 372 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the second extension panel 402 into one of the holes 380/386 would either move the second extension panel 402 closer/toward the central support member 372 or away from the member 372) (Further as modified by Fig. 44, they are slidable in such lateral direction).
Regarding claim 12, Thor discloses the invention of claim 11 above.
Thor further discloses wherein the second extension member 376-1 comprises a third extension panel 376 and a fourth extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, second left set of panels 376 and 402),
the third extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the fourth extension panel 402 is moveably coupled to the third extension panel 376 to laterally move in the second direction away from the central support member 372 and in the first direction toward the central support member 372 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the fourth extension panel 402 into one of the holes 380/386 would either move the fourth extension panel 402 closer/toward the central support member 372 or away from the member 372).
Regarding claim 15, Thor discloses a posterior collar assembly 370 (Fig. 36-41) for a cervical collar 100 (Fig. 1), comprising:
a cervical collar posterior panel 370 that comprises one or more cervical panels 398 (Fig. 36, Col. 15 lines 54-56, panels 398 correspond to rear head region including thus the cervical spine region) including a first cervical panel and a second cervical panel (Fig. 36, the right side of panel 398 being a first cervical panel and the left side of panel 398 being the second cervical panel); and
an attachment panel 372 including (i) a central support member 372 coupled to the one or more cervical panels 398 (Fig. 36-37),
(ii) a first extension member 376-1 (Fig. 36-37, the first extension member 376-1 being the right-side extension member 376 shown) coupled to the central support member 372 (Fig. 36-37), and
(iii) a second extension member 375-2 (Fig. 36-37, the second extension member 376-2 being the left-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37).
Thor (embodiment Fig. 36-41) is silent on the first extension member 376-1 including a first extension panel with at least one guide channel and a second extension panel with at least one guide fastener slidably coupled to the at least one guide channel.
Thor (embodiment Fig. 36-41) does disclose the first extension member 376 including a first extension panel 376 and a second extension panel 402 (Fig. 36-41).
Examiner further notes for clarity (no new grounds) that Thor (Fig. 36-41) does disclose the first extension panel 376 including one or more guides 386, 390 (Fig. 36-37, Col. 15 line 63 – Col. 16 line 8, the recesses 386/390 being guides therein) and the second extension panel 402 including one or more guide fasteners 412 coupled to the one or more guides 386, 390 (Fig. 36-41, Col. 15 line 63 – Col. 16 line 20, locking projection 412 being a guide therein for coupling to the guides 386/390 for length adjustment of the cervical collar).
However, Thor (Fig. 44) teaches an alternate posterior strap extension (Col. 17 lines 12-25), wherein the analogous first extension panel 422 includes at least one guide channel 428 (Fig. 44) and the second extension panel 420 includes at least one guide fastener 430 slidably coupled to the at least one guide channel 428 (Col. 17 lines 12-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the adjustable attachment between the first extension panel 376 and second extension panel 402 to be that as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling the neck (Thor Col. 17 lines 12-25).
Examiner further notes for clarity (no new grounds herein) that it would have also been obvious to one of ordinary skill in the art before the effective filing date to have modified the one or more guides 386, 390 and one or more guide fasteners 412 of Thor (Fig. 36-41) to be respectively instead the analogous one or more guides 428 (Fig. 44) and analogous one or more guide fasteners 430 (Fig. 33) to be slidably coupled to each other as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling of the neck (Thor Col. 17 lines 12-25) (Examiner notes the modification herein is towards the respective guides and fasteners of the embodiments therein).
Regarding claim 16, Thor discloses the invention of claim 15 above.
Thor further discloses wherein the second extension member 376-1 comprises a third extension panel 376 and a fourth extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, second left set of panels 376 and 402),
the third extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the fourth extension panel 402 is moveably coupled to the third extension panel 376 so that the third extension panel is able to laterally move away from or towards the central support member (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the fourth extension panel 402 into one of the holes 380/386 would either move the fourth extension panel 402 closer/toward the central support member 372 or away from the member 372).
Thor (embodiment Fig. 36-41) does disclose the first extension member 376 including a first extension panel 376 and a second extension panel 402 (Fig. 36-41).
Examiner further notes for clarity (no new grounds) that Thor (Fig. 36-41) does disclose the first extension panel 376 including one or more guides 386, 390 (Fig. 36-37, Col. 15 line 63 – Col. 16 line 8, the recesses 386/390 being guides therein) and the second extension panel 402 including one or more guide fasteners 412 coupled to the one or more guides 386, 390 (Fig. 36-41, Col. 15 line 63 – Col. 16 line 20, locking projection 412 being a guide therein for coupling to the guides 386/390 for length adjustment of the cervical collar).
Thor (embodiment Fig. 36-41) is silent on the second extension member 376-1 including the third extension panel with at least one guide channel and the fourth extension panel with at least one guide fastener slidably coupled to the at least one guide channel so that the third extension panel is able to laterally move away from or towards the central support member.
However, Thor (Fig. 44) teaches an alternate posterior strap extension (Col. 17 lines 12-25), wherein the analogous third extension panel 422 includes at least one guide channel 428 (Fig. 44) and the fourth extension panel 420 includes at least one guide fastener 430 slidably coupled to the at least one guide channel 428 so that the third extension panel is able to laterally move away from or towards the central support member (Col. 17 lines 12-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the adjustable attachment between the third extension panel 376 and fourth extension panel 402 to be that as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling the neck (Thor Col. 17 lines 12-25).
Examiner further notes for clarity (no new grounds herein) that it would have also been obvious to one of ordinary skill in the art before the effective filing date to have modified the one or more guides 386, 390 and one or more guide fasteners 412 of Thor (Fig. 36-41) to be respectively instead the analogous one or more guides 428 (Fig. 44) and analogous one or more guide fasteners 430 (Fig. 33) to be slidably coupled to each other as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling of the neck (Thor Col. 17 lines 12-25) (Examiner notes the modification herein is towards the respective guides and fasteners of the embodiments therein).
Regarding claim 17, Thor discloses the invention of claim 15 above.
Thor further discloses being coupled to an anterior collar assembly 100 to form a cervical collar (Fig. 10-11).
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorgilsdottir et al (US 7981068 B2), henceforth Thor, in view of Wang (US 20100152637 A1).
Regarding claim 6, Thor discloses the invention of claim 3 above.
Thor is silent on wherein the second extension panel includes a guide fastener operating as a cam latch that, when a lever of the guide fastener is depressed towards the first extension panel, the second extension panel is secured to avoid movement of the second extension panel in relation to the first extension panel.
However, Wang teaches, in a similar field of endeavor of orthotics, an analogous adjustment assembly (Fig. 2-4) comprising an analogous first extension panel 241 (Fig. 1-4) and an analogous second extension panel 243 (Fig. 1-4), the first extension panel 241 and second extension panel 243 being analogously slidably coupled therein (Fig. 2-4 and [0017]), wherein
the second extension panel 243 includes a guide fastener 261 operating as a cam latch 261 that, when a lever 26 of the guide fastener 261 is depressed towards the first extension panel 241, the second extension panel 243 is secured to avoid movement of the second extension panel 243 in relation to the first extension panel 241 (Fig. 1-4, [0017-0020] 261 is a “cam” having a lever 26, thus being a “cam latch” that locks the extensions together and avoids movement therein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the slidable attachment between the first and second extension panels 376/402 of Thor as modified to have the cam latch 261, lever 26, and related structures therein of Wang to be the guide fastener therein mating with the guides of Thor in order to provide an easily used unlockable and lockable movement adjustment system therein (Wang Fig. 1-4 and [0017-0020]).
Regarding claim 14, Thor discloses the invention of claim 11 above.
Thor is silent on wherein the second extension panel includes a guide fastener operating as a cam latch that, when a lever of the guide fastener is depressed towards the first extension panel, the second extension panel is secured to avoid movement of the second extension panel in relation to the first extension panel.
However, Wang teaches, in a similar field of endeavor of orthotics, an analogous adjustment assembly (Fig. 2-4) comprising an analogous first extension panel 241 (Fig. 1-4) and an analogous second extension panel 243 (Fig. 1-4), the first extension panel 241 and second extension panel 243 being analogously slidably coupled therein (Fig. 2-4 and [0017]), wherein
the second extension panel 243 includes a guide fastener 261 operating as a cam latch 261 that, when a lever 26 of the guide fastener 261 is depressed towards the first extension panel 241, the second extension panel 243 is secured to avoid movement of the second extension panel 243 in relation to the first extension panel 241 (Fig. 1-4, [0017-0020] 261 is a “cam” having a lever 26, thus being a “cam latch” that locks the extensions together and avoids movement therein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the slidable attachment of Thor as modified between the first and second extension panels 376/402 of Thor to have the cam latch 261, lever 26, and related structures therein of Wang to be the guide fastener therein mating with the guides of Thor in order to provide an easily used unlockable and lockable movement adjustment system therein (Wang Fig. 1-4 and [0017-0020]).
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 KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786