DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Status
Claims 1-13 and 15-26 are pending and are examined.
Claim Objections
Claim 15 is objected to because of the following informalities: “finite state machines” should be “finite state machine”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tom-Moy (US Pub 2005/0136408; previously cited).
Regarding Claim 1, Tom-Moy teaches an apparatus comprising an array of nanopore devices, wherein each nanopore device of the array comprises (See Abstract. Methods and systems for characterizing a polymer in a sample are provided. In the subject methods, a sample that includes a polymer labeled with at least one nanoparticle is contacted with a nanopore under conditions so that the polymer translocates through the nanopore.)
further comprising:
a film separating a cis compartment from a trans compartment, a nanopore provided in the film, wherein the nanopore is dimensioned for passing the one or more polymers from the cis compartment to the trans compartment ([0094] The nanopore device that is employed in the translocation step may be a device that includes a nanopore inserted into a thin film),
the cis compartment comprising one or more polymers ([0105] a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer),
electrodes arranged to apply an electric field between the cis compartment and the trans compartment ([0096] For example, in certain embodiments an electric field is applied across the pore using electrodes positioned in the first and second side of the pore.),
a measurement system configured and arranged to measure a transport property of the nanopore ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.); and
a finite state machine configured to control passage of the one or more polymers through the nanopore ([0032] A "processor" references any hardware and/or software combination that will perform the functions required of it. [0136] For example, a processor herein may be a programmable digital microprocessor such as available in the form of an electronic controller, mainframe, server or personal computer (desktop or portable. For example, such a stored algorithm may be configured to, or otherwise be capable of, directing a microprocessor to receive the output signal resulting from a given translocation protocol, e.g., directly or indirectly from a signal detector, and identify the nanoparticle label and/or the polymer or polymer subunit to which the label was bound. Programming may direct a processor to provide other relevant information about a nanoparticle or a polymer or polymer subunit such as translocation time, polymer size, nucleic acid sequencing information, and the like. The algorithm may also include steps or functions for generating a variety of current profile graphs and plots. The subject invention may also include a data set of known or reference values such as current profiles or the like stored on a computer readable medium to which an output obtained from the translocation of a nanoparticle labeled polymer according to the subject invention may be compared for use in identifying a given nanoparticle and/or polymer. The data may be stored or configured in a variety of arrangements known to those of skill in the art.).
Tom-Moy is silent to an array of nanopore devices.
Regarding an “array of nanopore devices”, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.). See MPEP 2144.04 VI. B.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have added an array of nanopore devices, as taught by Tom-Moy, to allow for simultaneous testing and analyses of multiple DNA samples.
Regarding Claim 2, Tom-Moy teaches the apparatus according to claim 1 wherein the finite state machine controls the nanopore device by means of voltage feedback ([0061] the detectable change in signal is due at least in part to the material of a subject nanoparticle label. Accordingly, the subject nanoparticle labels include a material that is able to elicit or produce a detectable change in the current, e.g., the ionic current and/or tunneling and/or resonant tunneling current and/or a change in a magnetic field or magnetic circuit, during translocations (e.g., voltage-driven translocations or the like) of the nanoparticle label through a nanopore.).
Regarding Claim 3, Tom-Moy teaches the apparatus according to claim 1, wherein the finite state machine is configured to control the nanopore device to perform an analysis based on the measured transport property ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.).
Regarding Claim 4, Tom-Moy teaches the apparatus according to claim 1, wherein the finite state machine is configured to control the nanopore device by controlling the electric field applied between the cis compartment and the trans compartment ([0093] Regardless of the particular labeling scheme employed, once labeled the nanoparticle labeled polymer is translocated through a nanopore. In many embodiments the nanoparticle labeled polymer is translocated during this step under an applied electric field).
Regarding Claim 5, Tom-Moy teaches the apparatus according to claim 1, wherein the transport property of the nanopore is one selected from the group consisting of current, conductance, resistance, capacitance, charge, concentration, an optical property and chemical structure ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.).
Regarding Claim 6, Tom-Moy teaches the apparatus according to claim 5, wherein the transport property is the current flowing across the nanopore ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.).
Regarding Claim 7, Tom-Moy teaches the apparatus according to claim 1 wherein the measurement system is configured to measure the current flowing across the nanopore through the electrodes ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.).
Regarding Claim 8, Tom-Moy teaches the apparatus according to claim 1, wherein the transport property of the nanopore is current and wherein the finite state machine is configured to detect obstruction of the nanopore based on the current flowing across the nanopore ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.).
Regarding Claim 9, Tom-Moy teaches the apparatus according to claim 1, wherein the finite state machine is configured to detect a current reduction having a magnitude and duration ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein. The examiner notes that the finite state machine would be capable of detecting a current reduction having a magnitude and duration).
Regarding Claim 10, Tom-Moy teaches the apparatus according to claim 1, wherein the finite state machine is configured to reverse a voltage to expel the one or more polymers from the nanopore back into the cis compartment ([0140] In certain embodiments, the system is further characterized in that it provides a user interface, where the user interface presents to a user the option of selecting amongst a plurality of different functions for evaluating a polymer according to the subject methods, for example choosing amongst one or more different, including multiple different, inputs such as voltage applied. The finite state machine would be capable of reversing a voltage to expel the one or more polymers from the nanopore back into the cis chamber).
Regarding Claim 11, Tom-Moy teaches the apparatus according to claim 1, wherein the one or more polymers are polynucleotides comprising a single-stranded segment, wherein the finite state machine is configured to control the nanopore device to draw the single-stranded segment of the polynucleotide through the nanopore by controlling the electric field ([0112] The subject methods find use in a variety of applications in which the detection/characterization of one or more polymers (e.g., single or double stranded nucleic acids).
Regarding Claim 12, Tom-Moy teaches the apparatus according to claim 1, wherein the one or more polymers are polynucleotides comprising a double-stranded segment, wherein the finite state machine is configured to detect the double-stranded segment of the polynucleotide based on the measured transport property ([0112] The subject methods find use in a variety of applications in which the detection/characterization of one or more polymers (e.g., single or double stranded nucleic acids).
Regarding Claim 13, Tom-Moy teaches the apparatus according to claim 1, wherein the transport property of the nanopore is current, and wherein the nanopore device further comprises a detection and actuation circuit configured to apply a voltage across the nanopore and to measure the current across the nanopore, the finite state machine being configured and arranged to control the detection and actuation circuit ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.).
Regarding Claim 15, Tom-Moy teaches the apparatus according to claim 1, further comprising a serial interface and addressable logic configured to multiplex data entering and exiting the finite state machines ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.).
Regarding Claim 16, Tom-Moy teaches the apparatus according to claim 1, wherein the finite state machine is implemented in a field programmable gate array ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.).
Regarding Claim 17, Tom-Moy teaches the apparatus according to claim 1, wherein the finite state machine is configured to react to events on the order of a microsecond ([0104] The given period of time that a single-nanoparticle label of the subject invention is examined or detected may vary, where a given period of time may range from tens of microseconds to tens of nanoseconds, where such is at least dependant on the particular translocation rate of a given polymer through the nanopore.).
Regarding Claim 18, Tom-Moy teaches the apparatus according to claim 1, wherein the one or more polymers are polynucleotides ([0026] polydeoxyribonucleotides (DNA), polyribonucleotides (RNA), other polynucleotides).
Regarding Claim 19, Tom-Moy teaches the apparatus according to claim 18, wherein the polynucleotide is DNA or RNA ([0022] RNA [0023] DNA [0065] For example, one nanoparticle label may be positioned at one end of a polymer such as at a first end of a single or double strand length of DNA and the other nanoparticle label at the other or second end of the polymer.).
Regarding Claim 20, Tom-Moy teaches the apparatus according to claim 1, wherein the film comprises a compound having a hydrophobic domain and a hydrophilic domain ([0094] the thin film into which the nanopore is inserted is a lipid bilayer fabricated from a wide variety of one or more different lipids, where suitable lipids include: phosphatidlycholine, phosphatidylserine, phosphatidylethanolamine. A phospholipid would have a hydrophobic domain (head) and a hydrophilic domain (tail)).
Regarding Claim 21, Tom-Moy teaches the apparatus according to claim 1, wherein the film comprises a phospholipid ([0094] the thin film into which the nanopore is inserted is a lipid bilayer fabricated from a wide variety of one or more different lipids, where suitable lipids include: phosphatidlycholine, phosphatidylserine, phosphatidylethanolamine).
Regarding Claim 22, Tom-Moy teaches an apparatus comprising an array of nanopore devices, wherein each nanopore device of the array comprises (See Abstract. Methods and systems for characterizing a polymer in a sample are provided. In the subject methods, a sample that includes a polymer labeled with at least one nanoparticle is contacted with a nanopore under conditions so that the polymer translocates through the nanopore.) further comprising:
a film separating a cis compartment from a trans compartment, the cis compartment comprising one or more polymers, a nanopore provided in the film, wherein the nanopore is dimensioned for passing the one or more polymers therethrough ([0094] The nanopore device that is employed in the translocation step may be a device that includes a nanopore inserted into a thin film),
electrodes arranged to apply an electric field between the cis compartment and the trans compartment ([0096] For example, in certain embodiments an electric field is applied across the pore using electrodes positioned in the first and second side of the pore.),
a measurement system configured and arranged to measure a transport property of the nanopore ([0105] The data points of a current signature or other analogous signature are derived from the observed or detected modulation or change in current (or magnetic field), e.g., the change in ionic, tunneling current, or resonance tunneling current through the nanopore (also referred to herein as a detector) from a first side of the nanopore, e.g., the cis side, to a second side, e.g., the trans side, upon occupancy of the nanopore by a nanoparticle labeled polymer. Suitable current measurement devices, as well as hardware and software necessary for generating the current signature from the detected changes in the current, including where necessary signal amplifiers and analog/digital converters, are well known in the art and thus will not be described in detail herein. Suitable magnetic field or circuit devices, as well as hardware and software necessary for generating the signature from the detected changes in the magnetic field, are also well known in the art and thus will not be described in detail herein.); and
a processor configured to control passage of the one or more polymers through the nanopore ([0032] A "processor" references any hardware and/or software combination that will perform the functions required of it. [0136] For example, a processor herein may be a programmable digital microprocessor such as available in the form of an electronic controller, mainframe, server or personal computer (desktop or portable. For example, such a stored algorithm may be configured to, or otherwise be capable of, directing a microprocessor to receive the output signal resulting from a given translocation protocol, e.g., directly or indirectly from a signal detector, and identify the nanoparticle label and/or the polymer or polymer subunit to which the label was bound. Programming may direct a processor to provide other relevant information about a nanoparticle or a polymer or polymer subunit such as translocation time, polymer size, nucleic acid sequencing information, and the like. The algorithm may also include steps or functions for generating a variety of current profile graphs and plots. The subject invention may also include a data set of known or reference values such as current profiles or the like stored on a computer readable medium to which an output obtained from the translocation of a nanoparticle labeled polymer according to the subject invention may be compared for use in identifying a given nanoparticle and/or polymer. The data may be stored or configured in a variety of arrangements known to those of skill in the art.).
Tom-May is silent to an array of nanopore devices.
Regarding an “array of nanopore devices”, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.). See MPEP 2144.04 VI. B.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have added an array of nanopore devices, as taught by Tom-Moy, to allow for simultaneous testing and analyses of multiple DNA samples.
Regarding Claim 23, Tom-Moy teaches the apparatus according to claim 22, wherein the transport property of the nanopore is one selected from the group consisting of current, conductance, resistance, capacitance, charge, concentration, an optical property and chemical structure ([0017] FIGS. 12A and 12B show exemplary embodiments of unlabeled DNA passing through tunneling current electrodes and the output signal produced thereby (FIG. 12A) and nanoparticle labeled DNA passing through tunneling current electrodes and the output signal produced thereby (FIG. 12B) according to a representative embodiment of the subject invention.).
Regarding Claim 24, Tom-Moy teaches the apparatus according to claim 22, wherein the transport property is the current flowing across the nanopore ([0017] FIGS. 12A and 12B show exemplary embodiments of unlabeled DNA passing through tunneling current electrodes and the output signal produced thereby (FIG. 12A) and nanoparticle labeled DNA passing through tunneling current electrodes and the output signal produced thereby (FIG. 12B) according to a representative embodiment of the subject invention.).
Regarding Claim 25, Tom-Moy teaches the apparatus according to claim 22, wherein the measurement system is configured to measure the current flowing across the nanopore through the electrodes ([0017] FIGS. 12A and 12B show exemplary embodiments of unlabeled DNA passing through tunneling current electrodes and the output signal produced thereby (FIG. 12A) and nanoparticle labeled DNA passing through tunneling current electrodes and the output signal produced thereby (FIG. 12B) according to a representative embodiment of the subject invention. [0059] As such, each portion or each labeled unit may be differentially detected as it is passed through a nanopore by observing, for example ionic, tunneling and resonance tunneling current. Accordingly, nanoparticle labels may be considered to be of different types if they provide different, distinct, detectable signals during translocation through a nanopore such that their signals are distinguishable from each other.).
Regarding Claim 26, Tom-Moy teaches the apparatus of claim 22, wherein the processor is configured to reverse a voltage to expel the one or more polymers from the nanopore back into the cis chamber ([0140] In certain embodiments, the system is further characterized in that it provides a user interface, where the user interface presents to a user the option of selecting amongst a plurality of different functions for evaluating a polymer according to the subject methods, for example choosing amongst one or more different, including multiple different, inputs such as voltage applied. The finite state machine would be capable of reversing a voltage to expel the one or more polymers from the nanopore back into the cis chamber).
Response to Arguments
Applicant's arguments filed 6/19/26 have been fully considered but they are not persuasive.
First, Applicant argues on page 7 that nowhere in the disclosure of Tom-Moy is an array of nanopore device. The prior art of Tom-Moy is silent to a plurality of nanopore devices and a plurality of finite state machines.
In response, the examiner notes the prior art of Moy teaches a nanopore device in the Abstract. Tom-Moy teaches a processor in [0031], [0032], and [0136]. A processor would meet the limitation of a finite state machine. Tom-Moy teaches [0136] More specifically, a computer readable medium may include stored programming embodying an algorithm for carrying out some or all of the subject methods, where such an algorithm is used to direct a processor or series of processors to execute the steps necessary to perform the task(s) required of it and as such the subject invention includes a computer-based system for carrying-out some or all of the subject methods. For example, such a stored algorithm may be configured to, or otherwise be capable of, directing a microprocessor to receive the output signal resulting from a given translocation protocol, e.g., directly or indirectly from a signal detector, and identify the nanoparticle label and/or the polymer or polymer subunit to which the label was bound. Therefore, the rejection is maintained.
Second, Applicant argues on page 8 that In Re Harza is narrowly applicable to the simple duplication of a single, structurally identical part within an otherwise-unchanged combination.
In response, the examiner notes that although claim 1 now claims “an array”, the array is not referenced again in any claim limitation. Each nanopore device in the array is duplicated in its entirety such that the structural elements are the same in each one. There is no difference between each of the nanopore devices and there are no specifics about the arrangement being different from one nanopore device to another nanopore device. Therefore, the rejection is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/JB/
/CHARLES CAPOZZI/Supervisory Patent Examiner, Art Unit 1798
