DETAILED ACTION
Status of the Application
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 the Claims
This action is in response to the applicant’s filing on July 28, 2026. Claims 1, 2, 5, 7, 11, 12 and 15 have been amended, claims 3, 6, 8, 13, 16 and 18 have been canceled, and claims 21 – 26 have been added. Thus, claims 1, 2, 4, 5, 7, 9 – 12, 14, 15, 17 and 19 – 26 are pending and examined below.
Response to Arguments
Applicant’s arguments with respect to claims 1, 2, 4, 5, 7, 9 – 12, 14, 15, 17 and 19 – 26 have been considered but are moot because the arguments do not apply to the new combination of references used in the current rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 – 2, 7, 9 – 12, 17 and 19 – 26 are rejected under 35 U.S.C. 103 as being unpatentable over cited U.S. Patent No. 10,752,359 B2 to Beckman (herein after “Beckman patent") in view of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), [2016] OJ L 119/1 (herein after “Art. 9 GDPR”), AU 2021105304 A4 to Dabrowa (herein after “Dabrowa publication”) and AU 2015223112 A1 to Pillai et al. (herein after “Pillai et al. publication").
Note: Text written in bold typeface is claim language from the instant application.
Texts written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
As to claims 1, 11 and 24,
the Beckman patent discloses an aircraft (100, 502)(see FIG. 1 and Col. 3, lns 61 – 65), the aircraft (100, 502) comprising:
one or more electronic devices within a suite (see FIG. 2 and COL. 3, lns 30 – 31 for the lighting system 200 that includes ceiling light devices 202 and sidewall light devices 204 with the passenger cabin 120 of aircraft 100); and
a suite (120, 510)(see FIGS. 2 – 3 and Col. 4, lns 18 – 24 and Col. 6, lns 49 – 54); and
a suite management system (500) deployed within the suite (120, 510), the suite management system (500) comprising:
a controller (506)(see Col. 4, lns 38 – 43 for “[a] control system (not shown) . . . used to control the operation of lighting system 200“), the controller (506) configured to:
“[control] operation of lighting system 504 to create different light scenes at different periods of flight of aircraft 502. These different light scenes and the different periods of flight are paired to improve an overall well-being and flight experience of persons onboard aircraft 502 during the flight.” (See Col. 7, lns 34 – 39.)
The Beckman patent, however, does not specifically disclose the controller (506) configured to:
obtain consent from a passenger occupying the suite for sharing personal biological data;
obtain an expressed desire of time zone adaptation from the passenger;
obtain passenger preferences from the passenger;
obtain circadian data from the passenger;
analyze the circadian data and the expressed desire of time zone adaptation to identify one or more changes to the suite to align with the passenger preferences; and
responsive to identifying the one or more changes, automatically adjust the one or more electronic devices within the suite to align with the passenger preferences.
Under Art. 9 GDPR, biometric data (such as facial recognition, fingerprints, or iris scans used at airports) is classified as a "special category of personal data." The regulation specifies that: (1) Processing this data is strictly prohibited unless the individual provides explicit, freely given consent; and (2) Because non-compulsory travel benefits—like automated baggage drops, biometric lounge access, or expedited boarding—are strictly classified as convenience/comfort features rather than mandatory government border control, airlines and airport operators are legally blocked from sharing or utilizing this biological data unless the passenger explicitly opts in first.
The Dabrowa publication discloses “a computer-implemented method for modifying a health requirement of a subject, by receiving input data relating to the subject's current health, fatigue levels and/or characteristics of the subject's present circadian cycle to determine by a processor either one of desired health, fatigue level and/or circadian cycle based on the data and to determine by the processor a stimulus or stimuli interventions to modify the subject's current health, fatigue levels and/or present circadian cycle to achieve the desired health, fatigue levels and/or circadian cycle; or to determine a specific time with respect to the circadian cycle during which to apply the stimuli or interventions to achieve the health, fatigue level and/or circadian cycle; and outputting, by the processor, output data including data relating to the one or more stimuli and/or interventions and the corresponding application times.” (See Abstract.)(Emphasis added.)
According to the Dabrowa publication, “[a] specific application of the present invention may include aeroplane travel to eliminate jetlag for passengers and crew, or shiftwork interventions for airline staff. For example, sleep may be controlled through simple suggestions or autonomously controlling the cabin environment. A busy executive may arrive in LA at 8am. The present invention may be used to realize the subject's time zone and sleep history, providing advice on how to manage the cabin environment and the first day. Recommending interventions such as 'have a coffee' or 'light boost' (timed exactly) to speed fatigue recovery, the subject's alertness for the 9am meeting will be 85% vs. 40%. It is envisaged that the system of the invention can be fully automated within an aircraft. An automated system may manipulate the cabin environment to perfectly tailor it to the passengers' needs, seamlessly, without user input. Such a system may also be used to provide suggestions to the cabin crew and passengers during the flight relating to in-flight entertainment. Even when there is no time-zone difference, it is envisaged that passengers will "feel" significantly better after a flight. The system may allow them to choose when they want to be productive and alert, without the constraints of the "earth day." (See page 16.)(Emphasis added.)
Such disclosures teach and/or suggest a controller configured to: obtain consent from a passenger occupying the suite for sharing personal biological data, and obtain an expressed desire of time zone adaptation from the passenger.
Based on a reasonable expectation of success, it would have been obvious to one having ordinary skill in the art before the time the invention was filed to modify the Beckman patent so that the controller is configured to: obtain consent from a passenger occupying the suite for sharing personal biological data, and obtain an expressed desire of time zone adaptation from the passenger, as taught by Art. 9 GDPR and suggested by the Dabrowa publication, in order to provide a habitable environments, for instance homes, hotel or motels, offices, hospitals, or aircrafts for enhancing human habitation in such environments.
The modified Beckman patent discloses the invention substantially as claimed, except for
the controller (506) configured to:
obtain circadian data from the passenger;
analyze the circadian data and the expressed desire of time zone adaptation to identify one or more changes to the suite to align with the passenger preferences; and
responsive to identifying the one or more changes, automatically adjust the one or more electronic devices within the suite to align with the passenger preferences.
The Pillai publication, however, discloses “a new program, or execut[ing] an existing program with new or modified parameters, hence in effect constituting a new program. The control subsystem 202 or a portion of the environmental control system 1100 accordingly runs the new program with new parameters to provide environmental characteristics. Execution of the new program causes the various subsystems to provide the environmental characteristics or amenities in the habitable environment 100 (Figure 1) in accordance with the new operational parameters. To determine the dynamic adjustment to the at least one operational parameter of at least one of the active subsystems, the control subsystem 202 may evaluate or analyze the collected habitable space wellness data and/or the collected personal wellness data to provide dynamic feedback and personalized control of the environment of the habitable space 100 for the occupant. Generally, the control subsystem 202 may be operable to determine or predict operational parameters that are more optimally performing and tailored to specific occupants of the habitable space 100. Moreover, the control subsystem 202 may be operable to predict beneficial health outcomes for the occupant of the habitable space by evaluating the collected habitable space wellness data and/or the collected personal wellness data. For example, as discussed above the control subsystem 202 may control at least one of the illumination, temperature, and sound in the habitable space 100 to preserve a circadian rhythm for the occupant. In particular, the illumination subsystem 204 may provide lighting in the habitable space 100 with gradually adjusted color temperature and intensity. The illumination subsystem 204 may implement a dawn simulator to gradually increase light and sound levels, which are designed to awaken the body when it enters a light stage of sleep. Active sound may also be slowly increased in volume. Sounds may be those found in the natural environment or may be other sounds, such as music. Such may be realized in an integral unit, or via a dedicated bedside unit, which may provide for sounds as well as artificial lighting. The control subsystem 202 may initially operate the active subsystems to implement a standard or baseline circadian pattern that has a 24 hour cycle. Individuals may have a circadian clock that has a cycle that is more than or less than exactly 24 hours. For example, individuals may have circadian clocks that range from about 23 hours to about 25.5 hours. The control subsystem 202 may over time learn the length of an occupant's particular circadian clock by collecting personal wellness data for the occupant. For example, the control subsystem 202 may collect data from one or more body temperature sensors operable to sense the body temperature of the occupant. The control subsystem 202 may evaluate the collected body temperature data to determine the occupant's personal circadian clock. The control subsystem 202 may then dynamically adjust one or more operational parameters of the active subsystems, such as the illumination subsystem 204, to match the occupant's personal circadian clock.” (See Pages 98 and 99.)(Emphasis added.)
Such disclosure suggests a controller configured to: obtain circadian data from the passenger, analyze the circadian data and the expressed desire of time zone adaptation to identify one or more changes to the suite to align with the passenger preferences, and responsive to identifying the one or more changes, automatically adjust the one or more electronic devices within the suite to align with the passenger preferences.
Based on a reasonable expectation of success, it would have been obvious to one having ordinary skill in the art before the time the invention was filed to further modify the Beckman patent so that the controller is configured to: obtain circadian data from the passenger, analyze the circadian data and the expressed desire of time zone adaptation to identify one or more changes to the suite to align with the passenger preferences, and responsive to identifying the one or more changes, automatically adjust the one or more electronic devices within the suite to align with the passenger preferences, as suggested by the Pillai publication, in order to provide a habitable environments, for instance homes, hotel or motels, offices, hospitals, or aircrafts for enhancing human habitation in such environments.
As to claims 2 and 12,
the modified Beckman patent discloses the invention substantially as claimed, except for
the circadian data comprises at least one of a heart rate, body temperature, sleep patterns, blood oxygen saturation levels, a heart rate variability (HRV) of the passenger, respiratory rate, skin temperature gradient, electrodermal activity, cognitive load, gastrointestinal activity, hydration, mood and emotional state, movement, activity level, sleep quality, allergy and air quality, thermal comfort, blood glucose, AlC, posture, pressure points, vibration, or balance.
The Pillai publication, however, discloses “[c]ollecting personal wellness data from the at least one individual via one or more biometric sensors may include collecting personal wellness data via at least one of a temperature sensor operable to detect a temperature of the at least one individual, a scale operable to detect a weight of the at least one individual, a heart rate sensor operable to detect a heart rate of the at least one individual, a blood oxygen sensor operable to detect a level of blood oxygen of the at least one individual, a respiratory cycle sensor operable to detect at least one characteristic of a respiratory cycle of the at least one individual, an electroencephalography (EEG) sensor operable to detect at least one brainwave pattern of the at least one individual.” (See Pages 2 – 3.)(Emphasis added.)
Such disclosure suggests circadian data comprising at least one of a heart rate, body temperature, sleep patterns, oxygen saturation levels, or a heart rate variability (HRV) of the passenger.
Based on a reasonable expectation of success, it would have been obvious to one having ordinary skill in the art before the time the invention was filed to further modify the Beckman patent so that the circadian data comprises at least one of a heart rate, body temperature, sleep patterns, oxygen saturation levels, or a heart rate variability (HRV) of the passenger, as suggested by the Pillai publication, in order to establish a habitable environments, for instance homes, hotel or motels, offices, hospitals, or aircrafts for enhancing human habitation in such environments.
As to claims 7 and 17,
the modified Beckman patent discloses the invention substantially as claimed, except for
the one or more electronic devices comprising at least one of a light, a seat, a temperature control system, a flight attendant call system, or an in-flight entertainment system, an oxygen supply system, an air circulation system, a humidity control system, an air purifier, or an air filtration system.
The Pillai publication discloses that “the habitable environment 100 may include a number of artificial luminaires 142a-142e (collectively 142), which are controlled to produce desired output, for example by varying intensity and/or composition of wavelengths or color. Luminaires 142 may take a variety of forms, for example lamps (e.g., tabletop, floor standing) 142a, 142b, sconces 142c, 142d, and/or overhead lighting 142e. The luminaires 142 may employ a variety of illumination sources 144, for example incandescent lights, florescent lights, compact florescent lights, and light emitting diode (LED) lighting. The luminaires 142 may optionally include ballasts (e.g., electronic ballasts) and/or other electrical or electronic components required for operation. The luminaires 142 may also include various passive and/or active thermal management components to remove heat, thereby prolonging the operational life of the luminaires 142. Each luminaire 142 may include a plurality of individual illumination or light sources 144, respective ones or sets of the illumination sources 144 operable to emit light in a respective range of wavelengths. Some of the ranges may overlap, while other ranges may or may not overlap. The ones or sets of the illumination sources 144 may be individually operable to achieve any desired distribution of wavelengths at any given time. Each luminaire 142 may include one or more intensity adjustment circuits (e.g., dimmer circuits), which may take a large variety of forms depending on the type of illumination sources 144 employed.” (See Pages 29 and 30.) Such disclosure suggests the one or more electronic devices comprising at least one of a light, a seat, a temperature control system, a flight attendant call system, or an in-flight entertainment system.
Based on a reasonable expectation of success, it would have been obvious to one having ordinary skill in the art before the time the invention was filed to further modify and/or provide the Beckman patent with one or more electronic devices comprising at least one of a light, a seat, a temperature control system, a flight attendant call system, or an in-flight entertainment system, as suggested by the Pillai publication, in order to establish a habitable environments, for instance homes, hotel or motels, offices, hospitals, or aircrafts for enhancing human habitation in such environments.
As to claim 9 and 19,
the modified Beckman patent discloses the invention substantially as claimed, except for
the controller being at least one of electronically or communicatively coupled to an electrical system or a communication system in order to adjust the one or more electronic devices within the suite.
The Pillai publication discloses that “[t]he GUI will include one or more user selectable icons (e.g., scroll bars, tool bars, pull down menus, dialog boxes, keys, text) displayed for selection by the user. Selection may allow the user to adjust illumination, temperature, humidity, sound, or other aspects of the environment.” (See Page 69.) Such disclosure suggests the controller being at least one of electronically or communicatively coupled to an electrical system or a communication system in order to adjust the one or more electronic devices within the suite.
Based on a reasonable expectation of success, it would have been obvious to one having ordinary skill in the art before the time the invention was filed to further modify the Beckman patent so that the controller is at least one of electronically or communicatively coupled to an electrical system or a communication system in order to adjust the one or more electronic devices within the suite, as suggested by the Pillai publication, in order to establish a habitable environments, for instance homes, hotel or motels, offices, hospitals, or aircrafts for enhancing human habitation in such environments.
As to claims 10 and 20,
the Beckman patent, as modified by the Pillai publication, is considered to disclose the controller being configured to: analyze the circadian data to identify at least one of a suggestion, a reminder, or an alert send to the passenger; and responsive to identifying the at least one of the suggestion, the reminder, or the alert, automatically send the at least one of the suggestion, the reminder, or the alert to the passenger.
As to claims 21 and 23,
the modified Beckman patent discloses the invention substantially as claimed, except for
surveying, by the controller, the passenger at an end of a flight for passenger feedback; and
performing, by the controller, a post-flight analysis to review collected data and assess effectiveness of adjustments made during the flight.
The Beckman patent, however, discloses that “[it] is envisaged that output data from a system implemented in a hotel environment will assist with the hotel staff knowing what the user is doing in the room in order to schedule operational tasks, e.g. when to clean rooms, when the user is likely to checkout, whether the guest is sleeping. Monitoring and creating interventions for jetlag in guests across the hotel network seamlessly as guest moves from hotel to hotel is also envisaged. A biometric passport, as earlier described, may be issued to the user for an entire hotel chain with the user's history so that they can enter any hotel that is part of the chain and the system will remain operational. A user's sleep experience may be assessed and feedback provided to the guest and to the hotel. Health problems of the user may be detected in advance and such information provided to the hotel to pre address or prevent these problems. In addition, jetlag plans may be provided to customer when they check into the hotel, for example, via a smart device. The user's smart device may be configured to send information to the room in order for the user to control their environment.
Other outputs in a hotel environment may include suggestions for best times for the user to use the hotel services, suggestion for meal type and timing to avoid jetlag/shiftwork disorder (which could be sent directly to the hotel kitchen to meet or suggest these products to customers), instructions to control all objects in hotel rooms including, for example, a sleeper pod whose lighting is controllable and may be perfectly tailored to the user, or entertainment appliances for supplying targeted music, entertainment, services based on predicted or present physical state.”
Such disclosure suggests surveying, by the controller, the passenger at an end of a flight for passenger feedback, and performing, by the controller, a post-flight analysis to review collected data and assess effectiveness of adjustments made during the flight.
Based on a reasonable expectation of success, it would have been obvious to one having ordinary skill in the art before the time the invention was filed to further modify the Beckman patent to perform the steps of surveying, by the controller, the passenger at an end of a flight for passenger feedback, and performing, by the controller, a post-flight analysis to review collected data and assess effectiveness of adjustments made during the flight, as suggested by the Beckman patent, in order to establish a habitable environments, for instance homes, hotel or motels, offices, hospitals, or aircrafts for enhancing human habitation in such environments.
As to claim 22,
the modified Beckman patent discloses the invention substantially as claimed, except for
the controller being further configured to generate a circadian rhythm model for the passenger using at least one of pattern recognition or machine learning applied to the circadian data, and to use the circadian rhythm model to identify the one or more changes.
The Dabrowa publication discloses that “an algorithm may be used to calculate selected interventions optimising the subject's alertness based on predicted fatigue levels and future requirements (e.g. the method and/or instruction involves looking up the calendar and calculating times of important meetings and the alertness level required). The algorithm may be based on any available alertness model to define each user's specific alertness and predicted alertness from the aforementioned data.
For example, data related to fatigue may include but is not limited to random noise exposure, light exposure, heat exposure, humidity exposure, sleep environment, anxiety levels, sleep time, napping, sleep state, sleep quality, temperature, weather, noise levels, work environment, sleep disorders, physical condition, time zone, present time, circadian effects, workload, work type, work condition, fatigue, facial expression, yawn frequency, facial muscles, head movement, head tilt frequency, eye movement, eyelid movement, gaze, PERCLOS, AECS, fixation distance and fixation seconds ratio.
An example of an Alertness Model which could be implemented is that of the openly published science by Folkard/Akerstedt on the Three Process Model of Alertness, also known as the Sleep Wake Predictor. This model is exemplified in the graph shown in Fig. 2 and is a combination of (S-S') + C +0 which may be summed to predict alertness as a function of prior behaviours, work, sleep history and other available user data, where:
• S represents the homeostatic effect of time awake
• S' represents the recovery effect associated with sleep
• C represents the effect of 24-hour circadian rhythms
• 0 represents the sum of all other effects on alertness on the user throughout the day.
The values above may initially be estimated based on alertness models. Through the use of this method the aforementioned data will be statistically analysed to significantly change this basic model to one that is highly personalised to the user's body and environment. Data from all users of this system may be statistically analysed to further refine the model for predicting alertness. It is envisaged that this new alertness model will be based on significant data collected over many users, and over time, the aforementioned data will be statistically analysed for each individual user to create a personal predictive function for each component of the model. A personalised model of alertness for each individual is thereby created.” (See Pages 8 – 9.)(Emphasis added.)
Such disclosure suggests the controller being further configured to generate a circadian rhythm model for the passenger using at least one of pattern recognition or machine learning applied to the circadian data, and to use the circadian rhythm model to identify the one or more changes.
Based on a reasonable expectation of success, it would have been obvious to one having ordinary skill in the art before the time the invention was filed to further modify the Beckman patent so that the controller being further configured to generate a circadian rhythm model for the passenger using at least one of pattern recognition or machine learning applied to the circadian data, and to use the circadian rhythm model to identify the one or more changes, as taught by the Dabrowa publication, in order to establish a habitable environments, for instance homes, hotel or motels, offices, hospitals, or aircrafts for enhancing human habitation in such environments.
As to claim 25,
the Beckman patent, as modified by the Dabrowa publication and/or and the Pillai et al. publication, is considered to disclose the controller being further configured to inform a flight crew not to provide service during sleep of the passenger based on the circadian data.
As to claim 26,
the Beckman patent, as modified by the Dabrowa publication and/or and the Pillai et al. publication, is considered to disclose the controller being further configured to integrate with at least one of a cabin management system or a flight management system.
Claims 4 – 5 and 14 – 15 are rejected under 35 U.S.C. 103 as being unpatentable over the cited Beckman patent in view of Art. 9 GDPR, the Dabrowa publication, and the Pillai et al. publication, and further in view of U.S. Patent Application Publication No. 2020/0289321 A1 to Luo (herein after "Luo publication").
Note: Text written in bold typeface is claim language from the instant application.
Texts written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
As to claims 4 – 5 and 14 – 15,
the modified Beckman patent discloses the invention substantially as claimed, except for
the circadian data being obtained at least one sensor coupled to the at least one of the smartwatch, the fitness tracker, the activity tracker, or the phone of the passenger, and wherein the at least one sensor comprises at least one of a respiratory sensor, a heart rate sensor, a skin temperature sensor, a electrodermal activity sensor, a smart patch or ingestible sensor, an electroencephalogram (EEG) sensor, a voice analysis sensor, a facial expression sensor, a hydration tracking sensor, an oxygen saturation (SpO2) sensor, an environmental sensor, a continuous glucose monitoring (GCM) sensor, an Al C sensor, a posture sensor, a pressure point mapping sensor, an accelerometer sensor, or a gyroscope sensor.
Various detectors and markers are known for collecting circadian data and include biological markers, clinical devices, and consumer wearables. They are known for tracking physiological changes governed by the body’s master clock to assess sleep-wake cycles and circadian rhythm disorders. The Luo publication, for instance, discloses that “[i]nformation related to the circadian rhythm may be detected (e.g., via sensors)”. (See Abstract.) For instance, according to the Luo publication, circadian data may be obtained “via an Application Program Interfaces (APIs) of other wearable devices, software applications, and/or through hardware in a sleep mask. The system may include one or several of an 3-6 axis accelerometer, a gyroscope, an activity-monitoring actigraphy, an optical pulse sensor, a respiration sensor (e.g. a microphone inside the system or pulse oximetry by other wearables), and/or an electroencephalogram (EEG) sensors implemented in the sleep mask in contact of the forehead. The EEG may detect brainwaves during sleep, through which the system may analyze to determine the quality and/or stages of the sleep of the user. The system may include sensors like a range finder, a camera, or an electromyograghy (EMG) sensors in the cupped regions around the eye areas of the sleep mask to monitor eye movements during sleep. The system may include a microphone in the sleep mask to monitor sleep by monitoring the user's breathing patterns. The system may include an optical heart rate sensor deployed on the strap of a mask, for example, to monitor heart rate close to the temples to track the heart rate through photoplethysmography. The system may include a temperature sensor to track the body temperature which helps inform the system of the circadian phases during sleep. The system may use one or several of these sensors in combination to track the user's sleep and/or circadian phases in order to achieve a more effective circadian phase adjustment, without disrupting the user's sleep.” (See ¶61.)
Such disclosure teaches that circadian data is obtained via at least one sensor coupled to the at least one of the smartwatch, the fitness tracker, the activity tracker, or the phone of the passenger.
Based on a reasonable expectation of success, it would have been obvious to one having ordinary skill in the art before the time the invention was filed to further modify the Beckman patent so that circadian data is obtained via at least one sensor coupled to the at least one of the smartwatch, the fitness tracker, the activity tracker, or the phone of the passenger, as taught by the Luo publication, in order to facilitate treating circadian rhythm misalignment.
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.
Examiner's Note(s): The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. SEE MPEP 2141.02 [R-07.2015] VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS: A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123.
In addition, disclosures in a reference must be evaluated for what they would fairly teach one of ordinary skill in the art. See In re Snow, 471 F.2d 1400, 176 USPQ 328 (CCPA 1973) and In re Boe, 355 F.2d 961, 148 USPQ 507 (CCPA 1966). Specifically, in considering the teachings of a reference, it is proper to take into account not only the specific teachings of the reference, but also the inferences that one skilled in the art would reasonably have been expected to draw from the reference. See In re Preda, 401 F.2d 825, 159 USPQ 342 (CCPA 1968) and In re Shepard, 319 F.2d 194, 138 USPQ 148 (CCPA 1963). Likewise, it is proper to take into consideration not only the teachings of the prior art, but also the level of ordinary skill in the art. See In re Luck, 476 F.2d 650, 177 USPQ 523 (CCPA 1973). Specifically, those of ordinary skill in the art are presumed to have some knowledge of the art apart from what is expressly disclosed in the references. See In re Jacoby, 309 F.2d 513, 135 USPQ 317 (CCPA 1962).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY A. BUTLER whose telephone number is (313)446-6513. The examiner can normally be reached on weekdays, Monday through Friday, between 9 a.m. and 5 p.m. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anne M. Antonucci can be reached on weekdays, Monday through Friday, between 9 a.m. and 5 p.m. at (313) 446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Electronic Communications
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/RODNEY A BUTLER/Primary Examiner, Art Unit 3666
