DETAILED ACTION
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 21 and 23-32 and 35 are rejected under 35 U.S.C. 103 as being unpatentable over Forutanpour (US Pub. No. 2014/0221136; as cited in applicant’s IDS) in view of Panec (US Pat. No 5,975,983; as cited in applicant’s IDS) and in further view of Zoellner (US Pub. No. 2005/0170739 A1; as cited in applicant’s IDS).
Regarding claim 21, Forutanpour discloses a toy ball (Fig. 3, item 11 as seen in Fig. 18, items 127 and 129), comprising: a first petal comprising an elastic material (Fig. 3, item 11a, and par. [0058]; noting rubber may be used), the first petal including a rubber sheet configured as a first hemispherical shell (Fig. 18, item 129 and see Fig. 3, items 11a and par. [0058]; noting under Boston Scientific Scimed, Inc. v. Cordis Corp., 683 F.3d 1347 (Fed. Cir. 2011), combining side by side embodiments does not require a “leap of inventiveness”; and par. [0058]; making obvious that the petal can be created from a sheet, i.e. a solid continuous piece of material), a first edge portion having a first fitting surface (Fig. 18; noting the edge of rim on item 129), and a plurality of first magnetic members mounted and fixed inside the first edge portion (Fig. 17, items 111; noting this is obvious and par. [0088]; disclosing item 111 may be a magnet); a second petal comprising an elastic material (Fig. 18, item 127 and Fig. 3, item 11b, and par. [0058]; noting rubber may be used), the second petal including a sheet configured as a second hemispherical shell (Fig. 18, item 127 and see Fig. 3, item 11b, and par. [0058]; making obvious that the petal can be created from a sheet, i.e. a solid continuous piece of material), a second edge portion comprising a second fitting surface (Fig. 18; noting the edge on item 127), and a plurality of second magnetic members mounted and fixed inside the second edge portion (Fig. 17, items 111 and Fig. 16, items 93 making obvious corresponding magnets on the other half, see specifically par. [0088] disclosing magnets), wherein the first fitting surface is shaped to fit and contact the second fitting surface (Fig. 3, item 11), and a connecting member connecting the first petal to the second petal (Fig. 18, item 131), wherein the plurality of first magnetic members are elongated in shape (see par. [0086] and Fig. 16, item 91; clearly disclosing elongated magnets, and use of those over a circular magnet as shown in Fig. 17 would be a simple substitution of one element for another, or obvious under Boston Scientific) and arranged at along a middle position of the first fitting surface (Fig. 7, item 111; noting roughly the middle position; and specifically noting a “plurality” only requires two), and the plurality of second magnetic members are arranged at a middle position of the second fitting surface (Fig. 17, items 111 and Fig. 16, items 93 making obvious corresponding magnets of opposite polarity on the other half, see specifically par. [0088] disclosing magnets), wherein the plurality of first magnetic members mate with the plurality of second magnetic members to position the first petal and the second petal in a closed state and define a object-carrying cavity (Fig. 3, item 11, Fig. 17, and par. [0088]; noting this is obvious), wherein a magnetic attraction force between the plurality of first magnetic members and the plurality of second magnetic members is sufficient to cause the first edge portion and the second edge portion to contact each other to create the object carrying cavity (Fig. 3, item 11 and par. [0088]; noting this is obvious); and wherein the first petal and the second petal are configured to separate and release water stored in the water carrying cavity when the toy water ball hits a person of an object (Figs. 17, 18, and par. [0088]; noting this is functionally possible given the structure; the italicized language denoting functional language; also noting if not obvious based on Forutanpour alone, it would be obvious when looking at the teachings of Panec). It is noted that Forutanpour does not specifically disclose that the ball is toy water ball specifically used to carry water and that the petals are made of silicone. However, Forutanpour discloses that a reusable sports ball can carry other things (par. [0057]) and specifically indicates that the ball can impact another user (par. [0055]; noting the ball can be specifically used in “dodgeball”). In addition, Panec discloses a similar toy ball wherein the ball is toy water ball specifically used to carry water (Fig. 3) and that it is made of rubber or silicone (col. 2, lines 27-29). Thus, it would have bene obvious to one of ordinary skill in the art at the time of filing to modify Forutanpour to make the ball a toy water ball made out of silicone because doing so would be applying a known technique (making a toy ball out of compressible silicone, the toy ball being reusable and can carry water that can be released upon impact) to a known product (a reusable toy ball that is made of rubber and has two sides and two rims that can be closed by magnets) ready for improvement to yield predictable results (making the reusable toy ball from silicone, and specifically using the toy ball for holding water, the toy ball being flexible and compressible enough to impact a user and also allowing the impact to release water). Finally, it is noted that the combined Forutanpour and Panec do not specifically disclose that the first and second magnets are fixed inside the first and second edge portion away from the first and second fitting surface, respectively. However, Forutanpour clearly disclose the use of magnets to join two contacting portions with edges (par. [0088] and Fig. 17, items 111). In addition, Zoellner discloses a toy that uses magnets wherein the magnets are specifically positioned away from the fitting surface (Fig. 4). Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the combined Forutanpour and Panec to position the magnets away from the first and second fitting surface as taught and suggested by Zoellner because doing so would be use of a known technique (using a layer of material over the connecting magnet proximate a surface) to improve a similar product (a toy ball that has two sides connected by adjoining magnets proximate a surface) in the same way (using a layer of material over the connecting magnets in a toy ball that has two connected surfaces by adjoining magnets, the layer of material over the magnets minimizing the risk of injury to the user when the magnets are connected – see Zoellner: par. [0044]).
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Regarding claim 23, the combined Forutanpour, Panec, and Zoellner disclose that the connecting member is integrally formed with the first edge portion and the second edge portion (Forutanpour: Fig. 18, item 131; noting they are all connected or “integral”; and alternatively, “integrally formed” is merely a product-by-process, see MPEP 2113(II) stating “once a product appearing to be substantially identical is found a prior art rejection is made, the burden shifts to applicant to show an nonobvious difference”).
Regarding claim 24, the combined Forutanpour, Panec, and Zoellner disclose that the first petal, the second petal, and the connecting member are integrally formed by molding (Forutanpour: Fig. 18; noting they are all connected and thus “integral”; and alternatively, “integrally formed by molding” is merely a product-by-process, see MPEP 2113(II) stating “once a product appearing to be substantially identical is found a prior art rejection is made, the burden shifts to applicant to show an nonobvious difference”).
Regarding claim 25, the combined Forutanpour, Panec, and Zoellner disclose that the first hemispherical shell of the first petal is integrally formed with the first edge portion (Forutanpour: Figs. 3, item 11, Fig. 5, or 18; noting they are all connected and thus “integral”; and alternatively, “integrally formed” is merely a product-by-process, see MPEP 2113(II) stating “once a product appearing to be substantially identical is found a prior art rejection is made, the burden shifts to applicant to show an nonobvious difference”).
Regarding claim 26, the combined Forutanpour, Panec, and Zoellner disclose that the second hemispherical shell of the first petal is integrally formed with the second edge portion (Forutanpour: Figs. 3, item 11, Fig. 5, or 18; noting they are all connected and thus “integral”; and alternatively, “integrally formed” is merely a product-by-process, see MPEP 2113(II) stating “once a product appearing to be substantially identical is found a prior art rejection is made, the burden shifts to applicant to show an nonobvious difference”).
Regarding claim 27, the combined Forutanpour, Panec, and Zoellner disclose that each of the plurality of first magnetic members is shaped rectangular block, and each of the plurality of second magnetic member is shaped a rectangular block (Zoellner: Fig. 7, items 122-127). In the alternative, regarding using rectangular shaped magnets over that of circular as shown in Forutanpour: Fig. 17, item 111, it has been held that changes in shape are a matter of choice absent persuasive evidence that a person of skill in the art would find the shape significant. In re Daily, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)(see applicant’s spec, par. [0034]; giving no criticality to using rectangular shapes). Thus, it would have been obvious to one of ordinary skill in the art at the time of filing that the exact shape of the magnets would not be significant: that is, the magnets would allow the two halves to be attracted to each other regardless of their exact shape.
Regarding claim 28, the combined Forutanpour, Panec, and Zoellner disclose that the each of the plurality of first magnetic members is fixed in the first edge portion by integrally molding each first magnetic member in the first edge portion (Forutanpour: Fig. 17, item 111; noting they are connected so they are “integral”; and alternatively, “integrally molding” is merely a product-by-process, see MPEP 2113(II) stating “once a product appearing to be substantially identical is found a prior art rejection is made, the burden shifts to applicant to show an nonobvious difference”).
Regarding claim 29, the combined Forutanpour, Panec, and Zoellner disclose that the each of the plurality of second magnetic members is fixed in the second edge portion by integrally molding each second magnetic member in the second edge portion (Forutanpour: Fig. 17, item 111; noting they are connected so they are “integral”; and alternatively, “integrally molding” is merely a product-by-process, see MPEP 2113(II) stating “once a product appearing to be substantially identical is found a prior art rejection is made, the burden shifts to applicant to show an nonobvious difference”; noting duplication of the magnets and their positions with opposite polarity is obvious given the disclosure of par. [0088] and as shown in Fig. 16).
Regarding claim 30, the combined Forutanpour, Panec, and Zoellner disclose that the first fitting surface comprises a slope and the second fitting surface comprises a slope; and wherein the slope of the first fitting surface and the slope of the second fitting surface are tilted to each other (Forutanpour: Fig. 5 below and par. [0065]-[0066]; noting they are concave from inside-to-out, so the edges are sloped or titled out toward the middle and each other).
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Regarding claim 31, the combined Forutanpour, Panec, and Zoellner disclose that the first fitting surface and the second fitting surface are concavely arranged in a natural state (Forutanpour: Fig. 5 above and par. [0065]-[0066]; noting they are concave from inside-to-out; the Examiner taking the broadest reasonable interpretation of the limitation). In the alternative, regarding the exact shape of the first and second fitting surface, it has been held that changes in shape are a matter of choice absent persuasive evidence that a person of skill in the art would find the shape significant. In re Daily, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)(see applicant’s spec, par. [0031]; noting the fitting surfaces can actually be “flat, as long a seal” can be achieved). Thus, it would have been obvious to a person of ordinary skill in the art at the time of filing that the exact shape of the fitting surfaces would not be significant: that is, the surface would continue to seal regardless of its exact shape.
Regarding claim 32, the combined Forutanpour, Panec, and Zoellner disclose that the magnetic attraction force is sufficient to cause the first fitting surface and the second fitting surface to deform into the tight fit against each other and create a water seal (Forutanpour: Fig. 5 and 17 in combination with par. [0065]; noting under noting under Boston Scientific Scimed, Inc. v. Cordis Corp., 683 F.3d 1347 (Fed. Cir. 2011), combining side by side embodiments does not require a “leap of inventiveness”; the Examiner noting that the creation of a water seal is functionally possible given the combined structure and described in Forutanpour: par. [0065]).
Regarding claim 35, the combined Forutanpour, Panec, and Zoellner disclose that the plurality of first magnetic members are spaced apart from each other (Forutanpour: Fig. 17, item 111 and par. [0088]), and the plurality of second magnetic members are spaced apart from each other (Forutanpour: Fig. 17, item 111 and par. [0088]; noting duplication of the magnets and their positions with opposite polarity on the second petal are obvious given the disclosure of par. [0088] and as shown in Fig. 16).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Forutanpour (US Pub. No. 2014/0221136; as cited in applicant’s IDS) in view of Panec (US Pat. No.5,975,983; as cited in applicant’s IDS) in view of Zoellner (US Pub. No. 2005/0170739 A1; as cited in applicant’s IDS) and in further view of Mowbray et al. (herein “Mowbray”; US Pub. No. 2018/0229885 A1; as cited in applicant’s IDS).
Regarding claim 22, the combined Forutanpour, Panec, and Zoellner disclose the connecting member is configured as a sheet (Forutanpour: Fig. 18, noting it appears to be one solid piece of the material). In the alternative, Forutanpour discloses that the connecting member is some kind of folding hinge (Fig. 18, item 131). In addition Mowbray discloses a similar invention with connected petals wherein the connecting member is a sheet (Fig. 13, item 12 or alternatively, Fig. 18, item 6 and par. [0133]). Thus, it would have been obvious to one of ordinary skill in the art at the time of filing to modify the combined Forutanpour, Panec, and Zoellner to use a connecting member as a sheet as taught by Mowbray because doing so would be a simple substitution of one element (a sheet hinge or living hinge) for another (some type of folding hinge) to obtain predictable results (the continued ability to use a hinge to fasten two petals together, the hinge being in the form of a sheet or living hinge).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 21 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 51-52 of copending Application No. 17/549,920 (reference application) in view of in view of Forutanpour (US Pub. No. 2014/0221136). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 51-52 of the ‘920 application essentially claims slightly different functional language that is accomplished using the structure. However, the actual structure claimed between the two independent claims is essentially the same. In addition, Forutanpour makes obvious to use elongated magnets that are positioned along the middle (Fig. 16, item 91 and Fig. 17, reproduced above).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 21-32 and 35 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 32-45 and 47 of copending Application No. 17/549,920 in view of Forutanpour (US Pub. No. 2014/0221136). Claim 32 of the ‘920 application only claims one magnetic member. Claim 21 of the currently application claims a “plurality” of magnetic members. However, Forutanpour makes obvious that a plurality of magnetic members can be used around the edge portion (Fig. 17, items 111 and par. [0088]) and that are positioned along the middle (Fig. 16, item 91 and Fig. 17, reproduced above). Regarding the remainder of the claims, dependent claims 22-32 and 35 of the current application essentially claim the same subject matter as dependent claims 33-45 and 47 of the ‘920 application.
This is a provisional nonstatutory double patenting rejection.
Response to Arguments
Applicant's arguments filed 10/28/2025 have been fully considered but they are not generally persuasive.
103 Rejection
“wherein the first petal and the second petal are configured to separate and release water stored in the water carrying cavity when the toy water ball hits a person or an object”
Applicant argues that “The Examiner’s proposed modification would render Forutanpour unsatisfactory for its intended purpose” (see Remarks, page 8). Applicant goes on to argue that “Forutanpour never discloses that its sports ball containing any of these
items or other balls or sporting equipment would be used for playing a game such as dodgeball” (see Remarks, page 8). For the record, Forutanpour never really states if the outer ball (see for example, Fig. 3) is intended to be used with the other objects or balls inside, or with them removed (see entire specification; emphasis added). However, what is clear is that the ball in Forutanpour can still functionally be used with the other objects inside (see Figs. 1-3; emphasis added). Couple Forutanpour with the teachings of Panec that the ball is intended to be used with water inside, and the limitations of using a ball with water inside is obvious. Restated, there is nothing in Forutanpour that creates a “teaching away” (implicit or explicit) from using the ball with an object inside because Forutanpour is completely silent on the issue. Furthermore, the fact that Forutanpour shows a ball that can functionally be used with an object inside rebuts applicant’s argument of a teaching away.
Applicant goes on to argue that “One of ordinary skill in the art would have understood that Forutanpour’s sports ball containing the above-identified items could harm a target, particularly if such a sports ball were configured for impact” (see Remarks, page 8), The problem with this argument is that 1) Forutanpour shows a ball that may functionally be used with other objects inside (Figs. 1-3), 2) Forutanpour specifically states the invention can be used in “dodgeball” (par. [0055]), and 3) Forutanpour never specifically comments on whether the inside balls should be removed prior to using the outer ball. As such, applicant’s arguments are not compelling.
Applicant goes on to argue that “Furthermore, nothing in Forutanpour discloses or suggests that its sports ball is configured to separate and release water upon impact. Quite the contrary, Forutanpour expressly discloses the importance of preventing separation of the sides of its sports ball during use”. Respectfully submitted, the argument is illogical. Fig. 17 and pars. [0087]-[0088] specifically disclose an embodiment where the outer ball is connected by “magnets”. Using applicant’s own logic, if the outer ball was intended to not “separate”, how could a user open the ball to gain access to the inside ball? Rather, it is clear that the outer ball would separate with some force so that a user could gain access to the inner ball. The ability to open on impact would functionally depend on the velocity of the thrown ball, object hit, angle of and impact, location of impact, and the strength of the magnets. However, at some velocity, the magnetic force would be overcome and the two halves would separate. As such, this argument is also not compelling. Again, couple Forutanpour with Panec and the ability of the ball to separate and release water on impact is obvious.
Along the lines of Panec, applicant argues the use of Panec on page 9 of the Remarks. Applicant appears to argue a bodily incorporation of Panec and the claimed features. However, it has been held that "the question in a rejection for obviousness on a combination of references is what the secondary reference would teach one skilled in the art and not whether its structure could be bodily substituted in the basic reference structure.” In re Richman, 165 USPQ 509 (CCPA 1970). Panec, regardless of the exact structure, would make it obvious to a POSA that the ball could carry water and release water on impact. Respectfully submitted, the Examiner believes the ability to carry water and separate on impact is obvious at least in light of Forutanpour in view of Panec.
2. “wherein the plurality of first magnetic members are elongated in shape and arranged along a middle position of the first fitting surface”
Applicant goes on to argue that “Additionally, neither Forutanpour nor Panec discloses or suggests a ‘plurality of first magnetic members are elongated in shape and arranged along a middle position of the first fitting surface.’ Although Forutanpour discloses an embodiment in which “[m]ating faces... on each of the detachable sides... may have a plurality of magnets” (Forutanpour, (88), nothing in Forutanpour discloses or suggests that its magnets are “elongated in shape,” as recited in amended independent claim 21” (Remarks, page 10). Respectfully submitted, the Examiner disagrees.
First, a “plurality” of magnets only requires two. Forutanpour: Fig. 17 (above) makes obvious at least two magnets that can be considered “arranged along a middle position of the first fitting surface”. Turning to Forutanpour: Fig. 16, the figure clearly shows “elongated” magnets in the form of item 91 (see par. [0086] stating that they specifically may be “magnets”; noting “elongated” under merriam.webster.com simply means “stretched out”). The ability to use the “elongated” magnets of Fig. 16 would both obvious under Boston Scientific and would be a simple substitution of one element (elongated magnets of Fig. 16) for another (circular magnets of Fig. 17) to obtain predictable results (the continued ability to use magnets to connect two halves of a ball, the magnets being “elongated” in shape). Under the plain meaning of the word as defined above, it can also be argued that Zoellner: Fig. 5 shows “elongated” magnets (see Remarks, received 10/28/25, applicant arguing on page 10 that Zoellner does not disclose “elongated” because “the shape [from the top view] cannot be determined”, but noting “elongated” merely means “stretched out” and does not impose any restriction on the view taken to ascertain this stretched out state; restated applicant is importing some other limitation into what it means to be “elongated”).
The Examiner would also argue that using elongated magnets is merely a change in shape under In re Daily, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Restated, as per the Examiner’s remarks in the previous interview, the Examiner did not seen any criticality to the exact shape of the magnet. To rebut this, applicant argues that “An elongated magnet that extends “along a middle position” increases the area along the sealing edge of the toy water ball where a magnetic force is applied, thus enhancing the ability of the toy water ball to retain water, while also balancing the amount of magnetic material, thus reducing the weight of the water ball” (see Remarks, received 10/28/25). Respectfully submitted, this is purely applicant’s argument to criticality (emphasis added). No such criticality is found anywhere in the specification (see applicant’s spec, par. [0030] using the term “elongated”, but never discussing the above criticality). Applicant’s citation to par. [0030] in the Remarks discusses the number of magnets and using them spaced out from each other, not the criticality of the exact shape of the magnets (emphasis added).
Regarding the ability of the toy to separate and release water, that argument has been addressed above.
No other arguments are advanced. For claim 22, applicant simply incorporates the claim arguments above with no additional arguments.
The non-statutory double patenting rejection is still maintained.
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 MATTHEW BRIAN STANCZAK whose telephone number is (571)270-7831. The examiner can normally be reached on 8:30-10 and 1-3:30 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eugene Kim can be reached on (571)272-4463. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW B STANCZAK/
Examiner, Art Unit 3711
11/7/25
/EUGENE L KIM/Supervisory Patent Examiner, Art Unit 3711