Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments
The amendment filed 11th May 2026 has been entered. Claims 9-16 remain pending in the application. Applicant’s amendments to the claims have not overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 12th February 2026.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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 (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 following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9-10 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muzychka et al. (US 2024/0125286) in view of Amkraut et al. (US 2014/0234081) and Feuillerac et al. (US 2021/0188445).
Regarding claims 9-10, Muzychka et al. ‘286 (figures 1-15) a ducted structure comprising:
a telescopic duct/sleeve (66), a fixed duct/nacelle (64) and at least one duct driving device/actuator (46), wherein the telescopic duct/sleeve (66) is slidably connected with the fixed duct/nacelle (64), the fixed duct/nacelle (64) is configured to be fixedly connected with an aircraft body (fixed duct/nacelle is fixed in position) (Para 0054, 0062);
the at least one duct driving device/actuator (46) is able to drive the telescopic duct/sleeve (66) to move back and forth along a central axis direction of the telescopic duct/sleeve (66) (Para 0062; telescopic duct/sleeve (66) slides inside the fixed duct/nacelle (64));
the telescopic duct/sleeve (66) comprises a duct body/sleeve segments (68s) (Para 0062);
wherein each of the at least one duct driving device/actuator (46) is a motor (Para 0054);
but it is silent about the ducted structure wherein each of the at least one duct driving device is fixedly connected with the fixed duct and is connected with the telescopic duct; and
wherein each of the at least one duct driving device is a linear motor.
Amkraut et al. ‘081 (figures 1-5) teaches an engine (10) including a trailing edge fan nozzle assembly having a translating nozzle (50) mounted at the trailing end of cascade-type thrust reverser (80) wherein the translating nozzle (50) is selectively translated fore and aft by a plurality of linear nozzle actuators/duct driving devices (70) (Para 0038; linear nozzle actuators is fixed at the thrust reverser).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Muzychka et al. ‘286 to incorporate the teachings of Amkraut et al. ‘081 to configure the ducted structure wherein each of the at least one duct driving device is fixedly connected with the fixed duct and is connected with the telescopic duct; and
wherein each of the at least one duct driving device is a linear motor.
One of ordinary skill in art would recognize that doing so would directly connect the fixed duct and telescopic duct via actuator and efficiently translate the telescopic duct.
Modified Muzychka et al. ‘286 is silent about the ducted structure wherein
one end of the fixed duct is provided with a mounting groove, all of the at least one duct driving device is arranged in the mounting groove, an outer sidewall of the telescopic duct is able to slidably connected with an inner sidewall of the mounting groove, and the at least one duct driving device is able to drive the telescopic duct to move back and forth along in the mounting groove;
the telescopic duct comprises at least one protrusion, each of the at least one protrusion is fixedly connected with the duct body and protrudes from an outer sidewall of the duct body, the inner sidewall of the mounting groove is provided with at least one chute, each of the at least one protrusion is in fit with one of the at least one chute and is slidably connected with a corresponding one of the at least one chute;
each of the at least one protrusion comprises a first protrusion and a second protrusion, two ends of the first protrusion are fixedly connected with the duct body and the second protrusion, respectively, at least one end of the second protrusion protrudes from an outer side wall of the first protrusion; each of the at least one chute comprises a first chute and a second chute that communicate with each other, and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute.
Feuillerac et al. ‘445 (figures 4-5) teaches an assembly comprising first slideway element/protrusion (19) namely the suspension element of the duct support (15) inserted by longitudinal translation into the second slideway element/mounding groove (26) formed on the floor (4) to form a slideway wherein the duct support (15) is inserted, after mounting, by translation along the direction of the slideway into an aircraft fuselage portion, wherein the inner sidewall of the second slideway element/mounding groove (26) is provided with at least one chute, wherein first slideway element/protrusion (19) is in fit with the at least one chute and is slidably connected with the at least one chute (clearly shown in the figure below; floor is a fixed structure equivalent to the fixed duct where the second slideway element/mounting groove is formed; duct support is equivalent to the telescopic duct which comprises suspension element/first slideway);
wherein first slideway element/protrusion (19) comprises a first protrusion and a second protrusion (clearly shown in the figure below), wherein at least one end of the second protrusion protrudes from an outer side wall of the first protrusion, the at least one chute comprises a first chute and a second chute that communicate with each other (clearly shown in the figure below; first chute extends in the horizontal direction and second chute extends in the vertical direction), and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute (clearly seen in the figure below) (Para 0059, 0061).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Muzychka et al. ‘286 to incorporate the teachings of Feuillerac et al. ‘445 to configure the ducted structure wherein
one end of the fixed duct is provided with a mounting groove, all of the at least one duct driving device is arranged in the mounting groove, an outer sidewall of the telescopic duct is able to slidably connected with an inner sidewall of the mounting groove, and the at least one duct driving device is able to drive the telescopic duct to move back and forth along in the mounting groove (since telescopic duct is slidably connected with an inner sidewall of the mounting groove and at least one duct driving device is linear actuator, the at least one duct driving device is arranged in the mounting groove to slide the telescopic duct in the mounting groove);
the telescopic duct comprises at least one protrusion, each of the at least one protrusion is fixedly connected with the duct body and protrudes from an outer sidewall of the duct body, the inner sidewall of the mounting groove is provided with at least one chute, each of the at least one protrusion is in fit with one of the at least one chute and is slidably connected with a corresponding one of the at least one chute;
each of the at least one protrusion comprises a first protrusion and a second protrusion, two ends of the first protrusion are fixedly connected with the duct body and the second protrusion, respectively, at least one end of the second protrusion protrudes from an outer side wall of the first protrusion; each of the at least one chute comprises a first chute and a second chute that communicate with each other, and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute.
One of ordinary skill in art would recognize that doing so would establish a rigid connection by constricting protrusion within the mounting groove.
Regarding claims 15-16, Muzychka et al. ‘286 (figures 1-15) an aircraft (30), comprising:
an aircraft body/fuselage; and
a ducted structure comprising:
a telescopic duct/sleeve (66), a fixed duct/nacelle (64) and at least one duct driving device/actuator (46), wherein the telescopic duct/sleeve (66) is slidably connected with the fixed duct/nacelle (64), the fixed duct/nacelle (64) is configured to be fixedly connected with the aircraft body (fixed duct/nacelle is fixed in position) (Para 0054, 0062);
the at least one duct driving device/actuator (46) is able to drive the telescopic duct/sleeve (66) to move back and forth along a central axis direction of the telescopic duct/sleeve (66) (Para 0054, 0062);
the telescopic duct/sleeve (66) comprises a duct body/sleeve segments (68s) (Para 0062);
wherein the fixed duct/nacelle (64) is fixedly connected with the aircraft body (fixed duct/nacelle doesn’t move and is fixed in position);
wherein each of the at least one duct driving device/actuator (46) is a motor (Para 0054);
but it is silent about the ducted structure wherein each of the at least one duct driving device is fixedly connected with the fixed duct and is connected with the telescopic duct; and
wherein each of the at least one duct driving device is a linear motor.
Amkraut et al. ‘081 (figures 1-5) teaches an engine (10) including a trailing edge fan nozzle assembly having a translating nozzle (50) mounted at the trailing end of cascade-type thrust reverser (80) wherein the translating nozzle (50) is selectively translated fore and aft by a plurality of linear nozzle actuators/duct driving devices (70) (Para 0038; linear nozzle actuators is fixed at the thrust reverser).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Muzychka et al. ‘286 to incorporate the teachings of Amkraut et al. ‘081 to configure the ducted structure wherein each of the at least one duct driving device is fixedly connected with the fixed duct and is connected with the telescopic duct; and
wherein each of the at least one duct driving device is a linear motor.
One of ordinary skill in art would recognize that doing so would directly connect the fixed duct and telescopic duct via actuator and efficiently translate the telescopic duct.
Modified Muzychka et al. ‘286 is silent about the ducted structure wherein
one end of the fixed duct is provided with a mounting groove, all of the at least one duct driving device is arranged in the mounting groove, and an outer sidewall of the telescopic duct is able to slidably connected with an inner sidewall of the mounting groove, and the at least one duct driving device is able to drive the telescopic duct to move back in the mounting groove;
the telescopic duct comprises at least one protrusion, each of the at least one protrusion is fixedly connected with the duct body and protrudes from an outer sidewall of the duct body, the inner sidewall of the mounting groove is provided with at least one chute, each of the at least one protrusion is in fit with one of the at least one chute and is slidably connected with a corresponding one of the at least one chute;
each of the at least one protrusion comprises a first protrusion and a second protrusion, two ends of the first protrusion are fixedly connected with the duct body and the second protrusion, respectively, at least one end of the second protrusion protrudes from an outer side wall of the first protrusion each of the at least one chute comprises a first chute and a second chute that communicate with each other, and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute.
Feuillerac et al. ‘445 (figures 4-5) teaches an assembly comprising first slideway element/protrusion (19) namely the suspension element of the duct support (15) inserted by longitudinal translation into the second slideway element/mounding groove (26) formed on the floor (4) to form a slideway wherein the duct support (15) is inserted, after mounting, by translation along the direction of the slideway into an aircraft fuselage portion, wherein the inner sidewall of the second slideway element/mounding groove (26) is provided with at least one chute, wherein first slideway element/protrusion (19) is in fit with the at least one chute and is slidably connected with the at least one chute (clearly shown in the figure below; floor is a fixed structure equivalent to the fixed duct where the second slideway element/mounting groove is formed; duct support is equivalent to the telescopic duct which comprises suspension element/first slideway);
wherein first slideway element/protrusion (19) comprises a first protrusion and a second protrusion (clearly shown in the figure below), wherein at least one end of the second protrusion protrudes from an outer side wall of the first protrusion, the at least one chute comprises a first chute and a second chute that communicate with each other (clearly shown in the figure below; first chute extends in the horizontal direction and second chute extends in the vertical direction), and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute (clearly seen in the figure below) (Para 0059, 0061).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Muzychka et al. ‘286 to incorporate the teachings of Feuillerac et al. ‘445 to configure the ducted structure wherein
one end of the fixed duct is provided with a mounting groove, all of the at least one duct driving device is arranged in the mounting groove, and an outer sidewall of the telescopic duct is able to slidably connected with an inner sidewall of the mounting groove, and the at least one duct driving device is able to drive the telescopic duct to move back in the mounting groove (since telescopic duct is slidably connected with an inner sidewall of the mounting groove and at least one duct driving device is linear actuator, the at least one duct driving device is arranged in the mounting groove to slide the telescopic duct in the mounting groove);
the telescopic duct comprises at least one protrusion, each of the at least one protrusion is fixedly connected with the duct body and protrudes from an outer sidewall of the duct body, the inner sidewall of the mounting groove is provided with at least one chute, each of the at least one protrusion is in fit with one of the at least one chute and is slidably connected with a corresponding one of the at least one chute;
each of the at least one protrusion comprises a first protrusion and a second protrusion, two ends of the first protrusion are fixedly connected with the duct body and the second protrusion, respectively, at least one end of the second protrusion protrudes from an outer side wall of the first protrusion each of the at least one chute comprises a first chute and a second chute that communicate with each other, and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute.
One of ordinary skill in art would recognize that doing so would establish a rigid connection by constricting protrusion within the mounting groove.
Claim(s) 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schubeler (US 2025/0011001) in view of Muzychka et al. (US 2024/0125286), Amkraut et al. (US 2014/0234081) and Feuillerac et al. (US 2021/0188445).
Regarding claims 11-14, Schubeler ‘001 (figures 1-5) teaches a ducted fan, comprising:
a blade device/electric motor (16) and plurality of rotor blades (21s) (Para 0058-0059), and
a ducted structure comprising a duct/impeller housing (15) (Para 0058);
an aircraft body/fuselage (10) (Para 0054);
wherein the blade device/electric motor (16) and plurality of rotor blades (21s) is arranged in a ducted cavity/cavity surrounded by impeller housing (15) of the duct/impeller housing (Para 0058-0059)
a central body, wherein the central body comprises a first central body and a second central body (clearly shown in in the figure below), the blade device comprises a blade driving device/electric motor (16) and a rotor blade assembly/plurality of rotor blades (21s), the central body is at least partially arranged in the ducted cavity (clearly seen in the figure below), the first central body is fixedly connected with the duct/impeller housing (15) (first central body doesn’t move and is fixed in place), the second central body is rotatably connected with the first central body, the rotor blade assembly/ plurality of rotor blades (21s) is fixedly connected with the second central body (clearly seen in the figure below), the blade driving device/motor (16) is fixedly connected with the first central body and is connected with the second central body (clearly seen in the figure below), and the blade driving device/motor (16) is able to drive the second central body to rotate around a central axis (18) of the ducted cavity (Para 0058),
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but it is silent about the ducted fan comprising:
a ducted structure comprising
a telescopic duct, a fixed duct and at least one duct driving device, wherein the telescopic duct is slidably connected with the fixed duct, the fixed duct is configured to be fixedly connected with an aircraft body,
the at least one duct driving device is able to drive the telescopic duct to move back and forth along a central axis direction of the telescopic duct;
the telescopic duct comprises a duct body, and
wherein each of the at least one duct driving device is a motor.
Muzychka et al. ‘286 (figures 1-15) a ducted fan comprising:
a ducted structure comprising
a telescopic duct/sleeve (66), a fixed duct/nacelle (64) and at least one duct driving device/actuator (46), wherein the telescopic duct/sleeve (66) is slidably connected with the fixed duct/nacelle (64), the fixed duct/nacelle (64) is configured to be fixedly connected with an aircraft body (fixed duct/nacelle is fixed in position) (Para 0054, 0062);
the at least one duct/actuator (46) driving device is able to drive the telescopic duct/sleeve (66) to move back and forth along a central axis direction of the telescopic duct/sleeve (66); (Para 0054, 0062);
the telescopic duct/sleeve (66) comprises a duct body/sleeve segments (68s) (Para 0062); and
wherein each of the at least one duct driving device/actuator (46) is a motor (Para 0054);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Schubeler ‘001 to incorporate the teachings of Muzychka et al. ‘286 to configure the ducted fan comprising:
a ducted structure comprising
a telescopic duct, a fixed duct and at least one duct driving device, wherein the telescopic duct is slidably connected with the fixed duct, the fixed duct is configured to be fixedly connected with an aircraft body,
the at least one duct driving device is able to drive the telescopic duct to move back and forth along a central axis direction of the telescopic duct;
the telescopic duct comprises a duct body, and
wherein each of the at least one duct driving device is a motor.
One of ordinary skill in art would recognize that doing so would enhance aircraft’s aerodynamic by enabling to change the configuration of nozzle depending on different flight modes.
Modified Schubeler ‘001 is silent about the ducted structure wherein each of the at least one duct driving device is fixedly connected with the fixed duct and is connected with the telescopic duct; and
wherein each of the at least one duct driving device is a linear motor.
Amkraut et al. ‘081 (figures 1-5) teaches an engine (10) including a trailing edge fan nozzle assembly having a translating nozzle (50) mounted at the trailing end of cascade-type thrust reverser (80) wherein the translating nozzle (50) is selectively translated fore and aft by a plurality of linear nozzle actuators/duct driving devices (70) (Para 0038; linear nozzle actuators is fixed at the thrust reverser).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Schubeler ‘001 to incorporate the teachings of Amkraut et al. ‘081 to configure the ducted structure wherein each of the at least one duct driving device is fixedly connected with the fixed duct and is connected with the telescopic duct; and
wherein each of the at least one duct driving device is a linear motor.
One of ordinary skill in art would recognize that doing so would directly connect the fixed duct and telescopic duct via actuator and efficiently translate the telescopic duct.
Modified Schubeler ‘001 is silent about the ducted structure wherein
one end of the fixed duct is provided with a mounting groove, all of the at least one duct driving device is arranged in the mounting groove, an outer sidewall of the telescopic duct is able to slidably connected with an inner sidewall of the mounting groove, and the at least one duct driving device is able to drive the telescopic duct to move back and forth along in the mounting groove;
the telescopic duct comprises at least one protrusion, each of the at least one protrusion is fixedly connected with the duct body and protrudes from an outer sidewall of the duct body, the inner sidewall of the mounting groove is provided with at least one chute, each of the at least one protrusion is in fit with one of the at least one chute and is slidably connected with a corresponding one of the at least one chute;
each of the at least one protrusion comprises a first protrusion and a second protrusion, two ends of the first protrusion are fixedly connected with the duct body and the second protrusion, respectively, at least one end of the second protrusion protrudes from an outer side wall of the first protrusion; each of the at least one chute comprises a first chute and a second chute that communicate with each other, and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute.
Feuillerac et al. ‘445 (figures 4-5) teaches an assembly comprising first slideway element/protrusion (19) namely the suspension element of the duct support (15) inserted by longitudinal translation into the second slideway element/mounding groove (26) formed on the floor (4) to form a slideway wherein the duct support (15) is inserted, after mounting, by translation along the direction of the slideway into an aircraft fuselage portion, wherein the inner sidewall of the second slideway element/mounding groove (26) is provided with at least one chute, wherein first slideway element/protrusion (19) is in fit with the at least one chute and is slidably connected with the at least one chute (clearly shown in the figure below; floor is a fixed structure equivalent to the fixed duct where the second slideway element/mounting groove is formed; duct support is equivalent to the telescopic duct which comprises suspension element/first slideway);
wherein first slideway element/protrusion (19) comprises a first protrusion and a second protrusion (clearly shown in the figure below), wherein at least one end of the second protrusion protrudes from an outer side wall of the first protrusion, the at least one chute comprises a first chute and a second chute that communicate with each other (clearly shown in the figure below; first chute extends in the horizontal direction and second chute extends in the vertical direction), and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute (clearly seen in the figure below) (Para 0059, 0061).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Schubeler ‘001 to incorporate the teachings of Feuillerac et al. ‘445 to configure the ducted structure wherein
one end of the fixed duct is provided with a mounting groove, all of the at least one duct driving device is arranged in the mounting groove, an outer sidewall of the telescopic duct is able to slidably connected with an inner sidewall of the mounting groove, and the at least one duct driving device is able to drive the telescopic duct to move back and forth along in the mounting groove (since telescopic duct is slidably connected with an inner sidewall of the mounting groove and at least one duct driving device is linear actuator, the at least one duct driving device is arranged in the mounting groove to slide the telescopic duct in the mounting groove);
the telescopic duct comprises at least one protrusion, each of the at least one protrusion is fixedly connected with the duct body and protrudes from an outer sidewall of the duct body, the inner sidewall of the mounting groove is provided with at least one chute, each of the at least one protrusion is in fit with one of the at least one chute and is slidably connected with a corresponding one of the at least one chute;
each of the at least one protrusion comprises a first protrusion and a second protrusion, two ends of the first protrusion are fixedly connected with the duct body and the second protrusion, respectively, at least one end of the second protrusion protrudes from an outer side wall of the first protrusion; each of the at least one chute comprises a first chute and a second chute that communicate with each other, and the first chute communicates with the mounting groove; the first protrusion is in fit with the first chute and is slidably connected with the first chute; and the second protrusion is in fit with the second chute and is slidably connected with the second chute.
One of ordinary skill in art would recognize that doing so would establish a rigid connection by constricting protrusion within the mounting groove.
Response to Arguments
With respect to specification “The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length”. Currently, abstract has 165 words.
Applicant’s arguments, filed 11th May 2026, with respect to amended claim(s) 9, 11 and 15 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of as explained in the rejection above.
In response to applicant's argument regarding Feuillerac ‘445, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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 ASHESH DANGOL whose telephone number is (303)297-4455. The examiner can normally be reached Monday-Friday 0730-0530 MT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua J Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ASHESH DANGOL/Primary Examiner, Art Unit 3642
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