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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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` F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`12/593,347
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`09/28/2009
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`Jiro Onishi
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`091064
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`5372
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`38834
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`7590
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`10/12/2012
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`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`1250 CONNECTICUT AVENUE, NW
`SUITE 700
`WASHINGTON, DC 20036
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`YOO, REGINAM
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`1775
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`PAPER NUMBER
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` NOT *ICATION DATE
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`DELIVERY MODE
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`10/ 1 2/201 2
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`following e—mail address(es):
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`patentmail @ whda.c0m
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`PTOL—90A (Rev. 04/07)
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`12/593,347
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`Examiner
`REGINA M.YOO
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`ONISHI ET AL.
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`Art Unit
`1775
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
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`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)IZI Responsive to communication(s) filed on 27 July 2012.
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`2a)IZ| This action is FINAL.
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`2b)I:l This action is non-final.
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`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IZI Claim(s) 1 and 10-13 is/are pending in the application.
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`5a) Of the above claim(s) _ is/are withdrawn from consideration.
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`6)I:I Claim(s) _ is/are allowed.
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`7)|Zl Claim(s) 1and10- 13is/are rejected.
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`8)I:I Claim(s) _ is/are objected to.
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`9)I:l Claim(s) _ are subject to restriction and/or election requirement.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)|:| The drawing(s) filed on _ is/are: a)|:l accepted or b)I:l objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)|:l All
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`b)I:I Some * c)|:l None of:
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`1.I:I Certified copies of the priority documents have been received.
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`2.I:I Certified copies of the priority documents have been received in Application No. _
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) X Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/OS)
`Paper No(s)/Mai| Date 8/0_9/12.
`US. Patent and Trademark Office
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`4) D Interview Summary (PTO-413)
`Paper N°(5 )/Mai| Date. _
`5)I:I Notice of Informal Patent Application
`)6|:| Other:
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`PTOL-326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20121002A
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`Application/Control Number: 12/593,347
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`Page 2
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`Art Unit: 1775
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`FINAL ACTION
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`Response to Amendment
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`The amendment filed on 7/27/2012 has been received and claims 1 and 10-13
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`are pending.
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`1.
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`Claims 1 and 10-13 are objected to because of the following informalities:
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`Claim Objections
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`in line 7 of Claim 1, insert --one or more-- before “fine particle”;
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`in lines 11 and 13 of Claim 1, insert --one or more-- before “detoxifying”;
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`in line 14 of Claim 1, insert --detoxifying material sprayer-- after “each”;
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`in line 2 of Claims 10-11 and 13, insert --the-- before “at least one”;
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`in line 2 of Claim 12, insert --the-- before “at”.
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`Appropriate correction is required.
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`Claim Rejections - 35 USC § 1 12
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`2.
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`The following is a quotation of the second paragraph of 35 U.S.C. 112:
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`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
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`3.
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`Claims 10 and 12 are rejected under 35 U.S.C. 112, second paragraph, as being
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`indefinite for failing to particularly point out and distinctly claim the subject matter which
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`applicant regards as the invention.
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`Application/Control Number: 12/593,347
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`Page 3
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`Art Unit: 1775
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`4.
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`As to Claim 10, it is not clear what configuration the limitation “the pair
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`of...sprayers respectively disposed at both end parts of each of the one or more fine
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`particle capture filters” is attempting to disclose as there are multiple “end parts” of a
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`filter.
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`5.
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`Claim 12 recites the limitation "the plurality of fold lines" in line 4. There is
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`insufficient antecedent basis for this limitation in the claim.
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`Claim Rejections - 35 USC § 102
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`6.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
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`7.
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`Claims 1 and 10-13 are rejected under 35 U.S.C. 102(b) as being anticipated by
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`Schafka (6129285).
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`Schafka (‘295) discloses an apparatus (see Figure 2) comprising:
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`a sterile room (30) having an inlet opening (@ 44) and an outlet opening (36);
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`one or more fine particle capture filters (58) placed so as to cover the inlet
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`opening (@ 44);
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`a sterilizing material supplying part (54) for supplying, to the sterile room (30), a
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`material with some of the supplied material attaching to the one or more fine particle
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`capture filters (58); and
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`Application/Control Number: 12/593,347
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`Page 4
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`Art Unit: 1775
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`one or more detoxifying material supplying parts (52) for spraying a material
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`toward a surface of the one or more fine particle capture filters (58) capable of
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`detoxifying the material attached to the one or more fine particle capture filters (58), the
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`detoxifying material supplying parts (52) provided in the sterile room (30) so as to be
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`opposed to the surface of the one or more fine particle capture filters (58) (see Figure
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`2);
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`at least one of the detoxifying material supplying parts (52) including a pair of
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`detoxifying material sprayers each provided with a plurality of nozzles (52) for spraying
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`the material toward an entire surface of the one or more fine particle capture filters (58)
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`(see Figure 2); wherein,
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`the at least one of the detoxifying material supplying parts (52), provided in the
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`sterile room (30), includes the pair of detoxifying material sprayers (52) respectively
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`disposed at both end parts of each of the one or more fine particle capture filters (58)
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`(see Figure 2),
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`the at least one of the detoxifying material supplying parts (52) is provided in the
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`sterile room such that the pair of detoxifying material sprayers is capable of being
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`extended in a direction perpendicular to a plurality of fold lines of the one or more fine
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`particle capture filters (58) (see Col. 6 lines 4-10), and
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`each of the plurality of nozzles (52) of the pair of detoxifying material sprayers
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`included in at least one of the detoxifying material supply parts is capable of being
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`opened in such a direction that the detoxifying material is sprayed along a plurality of
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`fold lines of the one or more fine particle capture filters (58) (see Col. 6 lines 4-10).
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`Application/Control Number: 12/593,347
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`Page 5
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`Art Unit: 1775
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`Conclusion
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`8.
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`The prior art made of record and not relied upon is considered pertinent to
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`applicant's disclosure. The following references relate either to the field of the invention
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`or subject matter of the invention, but are not relied upon in the rejection of record:
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`20030089240.
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`9.
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to REGINA M. YOO whose telephone number is (571)272-
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`6690. The examiner can normally be reached on M-F 10:30 am - 7 pm.
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`Application/Control Number: 12/593,347
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`Page 6
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`Art Unit: 1775
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Michael Marcheschi can be reached on 571-272-1374. The fax phone
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`number for the organization where this application or proceeding is assigned is 571-
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`273-8300.
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`/REGINA M YOO/
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`Primary Examiner, Art Unit 1775
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