DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims and Other Notes
Claims 1–26 are pending.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2025/0273650 A1.
Drawings
The drawings were received on 07 May 2025. These drawings are acceptable.
Applicants' amendments have overcome the objections to the drawings.
Specification
Applicants' amendments have overcome the objections to the specification.
Claim Rejections - 35 USC § 112
Applicants' amendments have overcome the rejections of claims 1–20 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Double Patenting
Claims 1–7, 9–11, and 18–20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–15 of copending Application No. 19/200,946 (hereinafter application '946). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims 1–7, 9–11, and 18–20 are anticipated or rendered obvious by claims 1–15 of application '946.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 1, application '946 discloses a lithium-ion secondary battery comprising:
a positive electrode; a negative electrode; and an electrolyte solution (CL1/L1),
wherein the positive electrode comprises a positive electrode active material particle (CL1/L2),
wherein the positive electrode active material particle comprises magnesium, titanium, fluorine, and lithium cobaltate (CL1/L3–4),
wherein the positive electrode active material particle comprises a layered rock-salt crystal structure and a region comprising a rock-salt crystal structure and located on a surface side with respect to the layered rock-salt crystal structure (CL1/L5–8),
wherein a crystal orientation of the layered rock-salt crystal structure and a crystal orientation of the rock-salt crystal structure are aligned with each other (CL1/L9–10),
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure comprises magnesium, oxygen, titanium, and fluorine, at least some of the magnesium and at least some of the oxygen is in the form of magnesium oxide (CL1/L5–8), and
wherein, in the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure, at least some of the magnesium is bonded to at least some of the oxygen and at least some of the fluorine (CL10/L2–3).
Regarding claim 6, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure further comprises cobalt (CL13/L2–3), and
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure comprises a solid solution of cobalt oxide and magnesium oxide (CL13/L3–5).
Regarding claim 9, reference application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region between the layered rock-salt crystal structure and the rock-salt crystal structure (CL2/L5–8), and
wherein the region between the layered rock-salt crystal structure and the rock-salt crystal structure comprises an element selected from the group consisting of titanium, vanadium, manganese, iron, chromium, niobium, cobalt, zinc, zirconium, and nickel (CL2/L5–8).
Regarding claim 18, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a crack portion comprising magnesium (CL1/L11–12).
Regarding claim 2, application '946 discloses a lithium-ion secondary battery comprising:
a positive electrode; a negative electrode; and an electrolyte solution (CL1/L1),
wherein the positive electrode comprises a positive electrode active material particle (CL1/L2),
wherein the positive electrode active material particle comprises magnesium, titanium, fluorine, and lithium cobaltate (CL1/L3–4),
wherein the positive electrode active material particle comprises a layered rock-salt crystal structure and a region comprising a rock-salt crystal structure and located on a surface side with respect to the layered rock-salt crystal structure (CL1/L5–8),
wherein the surface side comprises magnesium oxide, titanium, and fluorine (CL1/L5–8), and
wherein a peak position of bonding energy with the fluorine is higher than or equal to 682 eV and lower than or equal to 685 eV when the positive electrode active material particle is measured by X-ray photoelectron spectroscopy (CL2/L12–13).
The instant application discloses a peak position of bonding energy with fluorine is higher than or equal to 682 eV and lower than or equal to 685 eV when the positive electrode active material particle is measured by X-ray photoelectron spectroscopy is indicative of fluorides other than MgF2, LiF, and CoF2 being present at a surface of the positive electrode active material particle. Application '946 discloses an uneven distribution of magnesium and fluorine at a surface of the positive electrode active material particle and suggest fluorides other than MgF2, LiF, and CoF2 being present at a surface of the positive electrode active material particle.
Regarding claim 4, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein a measurement range of the X-ray photoelectron spectroscopy is a range up to 5 nm in a depth direction (CL6/L2–4).
Regarding claim 10, reference application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region between the layered rock-salt crystal structure and the rock-salt crystal structure (CL2/L5–8), and
wherein the region between the layered rock-salt crystal structure and the rock-salt crystal structure comprises an element selected from the group consisting of titanium, vanadium, manganese, iron, chromium, niobium, cobalt, zinc, zirconium, and nickel (CL2/L5–8).
Regarding claim 19, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a crack portion comprising magnesium (CL1/L11–12).
Regarding claim 3, application '946 discloses a lithium-ion secondary battery comprising:
a positive electrode; a negative electrode; and an electrolyte solution (CL1/L1),
wherein the positive electrode comprises a positive electrode active material particle (CL1/L2) and a coating film covering the positive electrode active material particle (CL1/L11–12),
wherein the positive electrode active material particle comprises magnesium, titanium, fluorine, and lithium cobaltate (CL1/L3–4),
wherein the positive electrode active material particle comprises a layered rock-salt crystal structure and a rock-salt crystal structure being located between the layered rock-salt crystal structure and the coating film (CL1/L5–8),
wherein magnesium oxide, titanium, and fluorine exist between the layered rock-salt crystal structure and the coating film (CL1/L5–8), and
wherein a peak position of bonding energy with the fluorine is higher than or equal to 682 eV and lower than or equal to 685 eV when the positive electrode active material particle is measured by X-ray photoelectron spectroscopy (CL2/L12–13).
The instant application discloses a peak position of bonding energy with fluorine is higher than or equal to 682 eV and lower than or equal to 685 eV when the positive electrode active material particle is measured by X-ray photoelectron spectroscopy is indicative of fluorides other than MgF2, LiF, and CoF2 being present at a surface of the positive electrode active material particle. Application '946 discloses an uneven distribution of magnesium and fluorine at a surface of the positive electrode active material particle and suggest fluorides other than MgF2, LiF, and CoF2 being present at a surface of the positive electrode active material particle.
Regarding claim 5, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein a measurement range of the X-ray photoelectron spectroscopy is a range up to 5 nm in a depth direction (CL6/L2–4).
Regarding claim 7, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region being in contact with the coating film and comprising cobalt and oxygen (CL13/L2–6).
Regarding claim 11, reference application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region between the layered rock-salt crystal structure and the rock-salt crystal structure (CL2/L5–8), and
wherein the region between the layered rock-salt crystal structure and the rock-salt crystal structure comprises an element selected from the group consisting of titanium, vanadium, manganese, iron, chromium, niobium, cobalt, zinc, zirconium, and nickel (CL2/L5–8).
Regarding claim 20, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a crack portion comprising magnesium (CL1/L11–12).
Claims 1–11 and 18–20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–30 of copending Application No. 18/203,148 (US 2023/0343924 A1, hereinafter application '148). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims 1–11 and 18–20 are anticipated or rendered obvious by claims 1–30 of application '148.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 1, application '148 discloses a lithium-ion secondary battery comprising:
a positive electrode; a negative electrode; and an electrolyte solution (CL1/L1–6),
wherein the positive electrode comprises a positive electrode active material particle (CL1/L7–8),
wherein the positive electrode active material particle comprises magnesium, titanium, fluorine, and lithium cobaltate (CL1/L9–10),
wherein the positive electrode active material particle comprises a layered rock-salt crystal structure and a region comprising a rock-salt crystal structure and located on a surface side with respect to the layered rock-salt crystal structure (CL1/L11–14),
wherein a crystal orientation of the layered rock-salt crystal structure and a crystal orientation of the rock-salt crystal structure are aligned with each other (CL1/L9–10),
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure comprises magnesium, oxygen, titanium, and fluorine, at least some of the magnesium and at least some of the oxygen is in the form of magnesium oxide (CL1/L11–14), and
wherein, in the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure, at least some of the magnesium is bonded to at least some of the oxygen and at least some of the fluorine (CL1/L38–39).
Regarding claim 6, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure further comprises cobalt (CL1/L28–31), and
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure comprises a solid solution of cobalt oxide and magnesium oxide (CL1/L28–31).
Regarding claim 9, reference application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region between the layered rock-salt crystal structure and the rock-salt crystal structure (CL1/L15–17), and
wherein the region between the layered rock-salt crystal structure and the rock-salt crystal structure comprises an element selected from the group consisting of titanium, vanadium, manganese, iron, chromium, niobium, cobalt, zinc, zirconium, and nickel (CL1/L15–17).
Regarding claim 18, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a crack portion comprising magnesium (CL1/L25–26).
Regarding claim 2, application '148 discloses a lithium-ion secondary battery comprising:
a positive electrode; a negative electrode; and an electrolyte solution (CL1/L1–6),
wherein the positive electrode comprises a positive electrode active material particle (CL1/L7–8),
wherein the positive electrode active material particle comprises magnesium, titanium, fluorine, and lithium cobaltate (CL1/L9–10),
wherein the positive electrode active material particle comprises a layered rock-salt crystal structure and a region comprising a rock-salt crystal structure and located on a surface side with respect to the layered rock-salt crystal structure (CL1/L11–14),
wherein the surface side comprises magnesium oxide, titanium, and fluorine (CL1/L11–14), and
wherein a peak position of bonding energy with the fluorine is higher than or equal to 682 eV and lower than or equal to 685 eV when the positive electrode active material particle is measured by X-ray photoelectron spectroscopy (CL3/L38–39).
The instant application discloses a peak position of bonding energy with fluorine is higher than or equal to 682 eV and lower than or equal to 685 eV when the positive electrode active material particle is measured by X-ray photoelectron spectroscopy is indicative of fluorides other than MgF2, LiF, and CoF2 being present at a surface of the positive electrode active material particle. Application '148 discloses fluorides other than MgF2, LiF, and CoF2 being present at a surface of the positive electrode active material particle.
Regarding claim 4, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein a measurement range of the X-ray photoelectron spectroscopy is a range up to 5 nm in a depth direction (CL8/L2–4).
Regarding claim 10, reference application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region between the layered rock-salt crystal structure and the rock-salt crystal structure (CL1/L15–17), and
wherein the region between the layered rock-salt crystal structure and the rock-salt crystal structure comprises an element selected from the group consisting of titanium, vanadium, manganese, iron, chromium, niobium, cobalt, zinc, zirconium, and nickel (CL1/L15–17).
Regarding claim 19, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a crack portion comprising magnesium (CL1/L25–26).
Regarding claim 3, application '148 discloses a lithium-ion secondary battery comprising:
a positive electrode; a negative electrode; and an electrolyte solution (CL1/L1–6),
wherein the positive electrode comprises a positive electrode active material particle (CL1/L7–8) and a coating film covering the positive electrode active material particle (CL1/L25–26),
wherein the positive electrode active material particle comprises magnesium, titanium, fluorine, and lithium cobaltate (CL1/L9–10),
wherein the positive electrode active material particle comprises a layered rock-salt crystal structure and a rock-salt crystal structure being located between the layered rock-salt crystal structure and the coating film (CL1/L11–14),
wherein magnesium oxide, titanium, and fluorine exist between the layered rock-salt crystal structure and the coating film (CL1/L11–14), and
wherein a peak position of bonding energy with the fluorine is higher than or equal to 682 eV and lower than or equal to 685 eV when the positive electrode active material particle is measured by X-ray photoelectron spectroscopy (CL3/L38–39).
The instant application discloses a peak position of bonding energy with fluorine is higher than or equal to 682 eV and lower than or equal to 685 eV when the positive electrode active material particle is measured by X-ray photoelectron spectroscopy is indicative of fluorides other than MgF2, LiF, and CoF2 being present at a surface of the positive electrode active material particle. Application '148 discloses fluorides other than MgF2, LiF, and CoF2 being present at a surface of the positive electrode active material particle.
Regarding claim 5, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein a measurement range of the X-ray photoelectron spectroscopy is a range up to 5 nm in a depth direction (CL8/L2–4).
Regarding claim 7, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region being in contact with the coating film and comprising cobalt and oxygen (CL1/L28–31).
Regarding claim 8, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the coating film is selected from the group consisting of a coating film comprising carbon and a coating film comprising lithium or a decomposition product of the electrolyte solution (CL25–24).
Regarding claim 11, reference application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region between the layered rock-salt crystal structure and the rock-salt crystal structure (CL1/L15–17), and
wherein the region between the layered rock-salt crystal structure and the rock-salt crystal structure comprises an element selected from the group consisting of titanium, vanadium, manganese, iron, chromium, niobium, cobalt, zinc, zirconium, and nickel (CL1/L15–17).
Regarding claim 20, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a crack portion comprising magnesium (CL1/L25–26).
Claims 21–23 and 26 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–15 of copending Application No. 19/200,946 in view of Nakazawa et al. (US 2015/0364794 A1, hereinafter Nakazawa).
This is a provisional nonstatutory double patenting rejection.
Regarding claim 21, application '946 discloses a lithium-ion secondary battery comprising:
a positive electrode; a negative electrode; and an electrolyte solution (CL1/L1),
wherein the positive electrode comprises a positive electrode active material particle (CL1/L2),
wherein the positive electrode active material particle comprises magnesium, titanium, fluorine, and lithium cobaltate (CL1/L3–4),
wherein the positive electrode active material particle comprises a layered rock-salt crystal structure and a region comprising a rock-salt crystal structure and located on a surface side with respect to the layered rock-salt crystal structure (CL1/L5–8),
wherein a crystal orientation of the layered rock-salt crystal structure and a crystal orientation of the rock-salt crystal structure are aligned with each other (CL1/L9–10),
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure comprises magnesium, oxygen, titanium, and fluorine, at least some of the magnesium and at least some of the oxygen is in the form of magnesium oxide (CL1/L5–8), and
wherein, in the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure, at least some of the magnesium is bonded to at least some of the oxygen and at least some of the fluorine (CL10/L2–3).
Application '946 does not explicitly disclose:
wherein the negative electrode comprises silicon.
Nakazawa discloses a lithium-ion secondary battery comprising a negative electrode including silicon (see negative electrode, [0719]) to improve the capacity of the lithium-ion secondary battery (TABLE 1, [0719]). Application '946 and Nakazawa are analogous because they are directed to lithium-ion secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the negative electrode of application '946 with the silicon of Nakazawa in order to improve the capacity of the lithium-ion secondary battery.
Regarding claim 22, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure further comprises cobalt (CL13/L2–3), and
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure comprises a solid solution comprising cobalt oxide and magnesium oxide (CL13/L3–5).
Regarding claim 23, reference application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region between the layered rock-salt crystal structure and the rock-salt crystal structure (CL2/L5–8), and
wherein the region between the layered rock-salt crystal structure and the rock-salt crystal structure comprises an element selected from the group consisting of titanium, vanadium, manganese, iron, chromium, niobium, cobalt, zinc, zirconium, and nickel (CL2/L5–8).
Regarding claim 26, application '946 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a crack portion comprising magnesium (CL1/L11–12).
Claims 21–23 and 26 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1–30 of copending Application No. 18/203,148 (US 2023/0343924 A1) in view of Nakazawa (US 2015/0364794 A1).
This is a provisional nonstatutory double patenting rejection.
Regarding claim 21, application '148 discloses a lithium-ion secondary battery comprising:
a positive electrode; a negative electrode; and an electrolyte solution (CL1/L1–6),
wherein the positive electrode comprises a positive electrode active material particle (CL1/L7–8),
wherein the positive electrode active material particle comprises magnesium, titanium, fluorine, and lithium cobaltate (CL1/L9–10),
wherein the positive electrode active material particle comprises a layered rock-salt crystal structure and a region comprising a rock-salt crystal structure and located on a surface side with respect to the layered rock-salt crystal structure (CL1/L11–14),
wherein a crystal orientation of the layered rock-salt crystal structure and a crystal orientation of the rock-salt crystal structure are aligned with each other (CL1/L9–10),
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure comprises magnesium, oxygen, titanium, and fluorine, at least some of the magnesium and at least some of the oxygen is in the form of magnesium oxide (CL1/L11–14), and
wherein, in the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure, at least some of the magnesium is bonded to at least some of the oxygen and at least some of the fluorine (CL1/L38–39).
Application '148 does not explicitly disclose:
wherein the negative electrode comprises silicon.
Nakazawa discloses a lithium-ion secondary battery comprising a negative electrode including silicon (see negative electrode, [0719]) to improve the capacity of the lithium-ion secondary battery (TABLE 1, [0719]). Application '148 and Nakazawa are analogous because they are directed to lithium-ion secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the negative electrode of application '148 with the silicon of Nakazawa in order to improve the capacity of the lithium-ion secondary battery.
Regarding claim 22, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure further comprises cobalt (CL1/L28–31), and
wherein the region comprising the rock-salt crystal structure and located on the surface side with respect to the layered rock-salt crystal structure comprises a solid solution comprising cobalt oxide and magnesium oxide (CL1/L28–31).
Regarding claim 23, reference application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a region between the layered rock-salt crystal structure and the rock-salt crystal structure (CL1/L15–17), and
wherein the region between the layered rock-salt crystal structure and the rock-salt crystal structure comprises an element selected from the group consisting of titanium, vanadium, manganese, iron, chromium, niobium, cobalt, zinc, zirconium, and nickel (CL1/L15–17).
Regarding claim 26, application '148 discloses all the claim limitations as set forth above and further discloses a lithium-ion secondary battery:
wherein the positive electrode active material particle comprises a crack portion comprising magnesium (CL1/L25–26).
Allowable Subject Matter
Claims 12–17 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 a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Yanagihara et al. (WO 2016/017077 A1; see English language equivalent, US 2017/0207444 A1; hereinafter Yanagihara).
Yanagihara does not disclose, teach, or suggest the following distinguishing feature:
A lithium-ion secondary battery comprising a positive electrode active material particle including nickel and spinel crystal structure existing between a layered rock-salt crystal structure and a rock-salt crystal structure.
Response to Arguments
Applicant's arguments with respect to the double patenting rejections have been fully considered but they are not persuasive.
As filing a terminal disclaimer, or filing a showing that the claims subject to the rejection are patentably distinct from the reference application's claims, is necessary for further consideration of the rejection of the claims, such a filing should not be held in abeyance. Only compliance with objections or requirements as to form not necessary for further consideration of the claims may be held in abeyance until allowable subject matter is indicated. See MPEP 804 I.B.1.
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 P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725