`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`15/582,794
`
`05/01/2017
`
`ARATA KISHI
`
`PIPMM-57489
`
`4480
`
`759°
`52°“
`PEARNE & GORDON LLP
`
`(“8’20”
`
`1801 EAST 9TH STREET
`SUITE 1200
`
`CLEVELAND, OH 44114-3108
`
`PATEL DEVANG R
`
`1735
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/18/2019
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`
`patdoeket@pearne.eom
`
`PTOL-90A (Rev. 04/07)
`
`
`
`0/7709 A0170” Summary
`
`Application No.
`15/582,794
`Examiner
`DEVANG R PATEL
`
`Applicant(s)
`KISHI et al.
`Art Unit
`1735
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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.
`-
`- 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).
`
`Status
`
`1). Responsive to communication(s) filed on 2/28/19.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) C] This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—10 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
`
`is/are: a)D accepted or b)l:] objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12):] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)D All
`
`b)I:l Some**
`
`c)C] None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`3.[:] Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) C] Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190312
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 2
`
`DETAILED ACTION
`
`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.
`
`Claim Rejections - 35 USC § 1 12
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) IN GENERAL—The specification shall contain a written description of the
`invention, and of the manner and process of making and using it, in such full, clear, concise,
`and exact terms as to enable any person skilled in the art to which it pertains, or with which it
`is most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor orjoint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the
`manner and process of making and using it, in such full, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with which it is most nearly
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor of carrying out his invention.
`
`1.
`
`Claims 1-10 are rejected under 35 U.S.C. 112ja) or 35 U.S.C. 112 (pre-AIA), first
`
`paragraph, as failing to comply with the written description requirement. The claim(s)
`
`contains subject matter which was not described in the specification in such a way as to
`
`reasonably convey to one skilled in the relevant art that the inventor or a joint inventor,
`
`or for pre-AIA the inventor(s), at the time the application was filed, had possession of
`
`the claimed invention.
`
`Regarding Claim 1, support cannot be found for the added limitation “wherein
`
`the solder material is pressed by a first pressure and deformed before a viscosity of the
`
`adhesive decreases by the heat” (lines 16-17). In the Remarks, Applicant points to
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 3
`
`paragraphs [0015], [0017], and [0046] of the original specification for support, which are
`
`cited below:
`
`
`
`
`[0015] Specifically, before a temperature of the connection
`
`material reaches a melting point of the solder material, after
`
`the solder material is pressed at a first pressure and is
`
`deformed,
`
`the pressure for pressing the solder material
`
`changes to a second pressure that is lower than the first
`
`pressure (first pressing process). After this,
`the solder
`
`
`material is pressed at the second pressure following the first
`
`pressing process (second pressing process).
`
`[0017]
`
`In addition,
`
`in the first pressing process, before the
`
`the adhesive starts to flow,
`
`viscosity of the adhesive largely deteriorates by heating and
`
`the first pressure which is lower
`
`a case where
`than that of the related art is applied. Therefore,
`the solder material is pushed out
`from a part between the
`
`
`electrodes to the periphery thereof in accordance with the flow
`0:
`the adhesive is avoided.
`
`
`
`
`
`[0046]
`
`
`
`In the first pressing process, before the temperature of
`
`the connection material reaches the melting point of the solder
`
`material, and after the solder material is pressed at
`
`the first
`
`pressure and is deformed,
`
`the pressure for pressing the solder
`
`material changes to the second pressure that is lower than
`
`the first pressure.
`
`Specifically, paragraph [0017] states applying a first pressure “before the
`
`viscosity of the adhesive largely deteriorates by heating”- this does not mean the
`
`viscosity does not decrease at all, but rather implies any large decrease of viscosity is
`
`m. In other words, there is some minimal decrease of viscosity by the heat.
`
`Examiner also notes that none of the above paragraphs suggests deforming the solder
`
`material at first pressure before a viscosity of the adhesive decreases by the heat as
`
`claimed. In fact, [0017] suggests avoiding pushing out of the solder (deforming). The
`
`description above only teaches applying a second pressure after the solder material is
`
`deformed and before reaching melting temperature of the solder material. However, this
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 4
`
`does not corroborate the recited feature of deforming solder material at first pressure
`
`without any decrease in viscosity of the adhesive by the heat. The subject matter was
`
`not reasonably described in the specification in such a way as to reasonably convey to
`
`one of ordinary skill in the art that the inventor(s), at the time the application was filed,
`
`had possession of the claimed feature. Therefore, the claim fails to comply with the
`
`written description requirement and constitutes new matter. Applicant is requested to
`
`cancel this new matter or provide sufficient support.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`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.
`
`2.
`
`Claims 1-10 are rejected under 35 U.S.C. 112jb) or 35 U.S.C. 112 (pre-AIA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint inventor, or for pre-AIA the
`
`applicant regards as the invention.
`
`With respect to claim 1, the added limitation “wherein the solder material is
`
`pressed by a first pressure and deformed before a viscosity of the adhesive decreases
`
`by the heat” (lines 16-17) is ambiguous. First, examiner notes that this particular step
`
`has Mbeen sufficiently described in original specification and constitutes new matter
`
`as explained above. Secondly, examiner notes that third process already requires
`
`applying heat to the adhesive within the connection material and consequently, this heat
`
`would inherently affect the viscosity of the adhesive. Therefore, it is unclear how
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 5
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`viscosity does not decrease at all (as Applicant is attempting to claim) with presence of
`
`applied heat? The specification does not provide adequate guidance concerning the
`
`claimed step and thus, one of ordinary skill in the art would not be able clearly
`
`determine scope of the claim. Hence, this limitation renders the claim indefinite. For
`
`purpose of examination and in accordance with broadest reasonable interpretation
`
`consistent with specification, this limitation is taken to mean: wherein the solder material
`
`is pressed by a first pressure. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`3.
`
`Claim(s) 1, 4 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by lgarashi (US 2012/0255766).
`
`a.
`
`Regarding claim 1, lgarashi discloses a connecting method of a circuit
`
`member (abstract), comprising:
`
`a first process of preparing a connection material containing an adhesive
`
`and a solder material that disperses in the adhesive [1] 0042];
`
`a second process of preparing a first circuit member having a first
`
`electrode and a second circuit member having a second electrode, and disposing
`
`the first circuit member and the second circuit member to cause the first
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 6
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`electrode and the second electrode to oppose each other via the connection
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`material [1] 0044-0045]; and
`
`a third process of compressing the first circuit member and the second
`
`circuit member while applying heat to the connection material,
`
`wherein the third process includes a first pressing process, wherein the
`
`solder material is pressed by a first pressure (P1), wherein the first pressing
`
`process further includes a process wherein a pressure applied to the solder
`
`material is decreased from the first pressure to a second pressure (lower than
`
`P1- see decreasing slope in fig. 1) that is lower than the first pressure before the
`
`solder material melts, and
`
`the third process further includes a second pressing process wherein the
`
`solder material is pressed at the second pressure (P2) while being heated at a
`
`temperature equal to a melting temperature of the solder material (T2) [fig. 1; 11
`
`0018-0022].
`
`b.
`
`As to claim 4, lgarashi discloses that the adhesive includes a
`
`thermosetting resin, of which many examples are given [1] 0035-0036], and
`
`wherein a temperature at which hardening reaction proceeds for at least one of
`
`the exemplary thermosetting resins is higher than the melting point of the solder
`
`material [1] 0032].
`
`c.
`
`As to claims 8-9, lgarashi also discloses several examples of solder
`
`material alloys, including a bismuth-indium alloy (Sn-Bi-ln), wherein an amount of
`
`bismuth contained in the bismuth-indium alloy is 57% by mass [1] 0032].
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 7
`
`Claim Rejections - 35 USC § 103
`
`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.
`
`4.
`
`Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`lgarashi as applied to claim 1 above, and in view of Katsurayama (US 2010/0059872) &
`
`Ide et al. (US 2010/0195292, hereafter “Ide”).
`
`d.
`
`As to claims 2-3, lgarashi does not mention the first pressure being about
`
`15-30 MPa and second pressure being equal to or lower than the 40% of the first
`
`pressure. However, such pressure range is known in the art. Katsurayama (also
`
`directed to connected structure using adhesive and solder material- abstract)
`
`teaches applying a predetermined bonding pressure which is typically adjusted to
`
`0 MPa or above and 20 MPa or less [1] 0154], which falls within claimed range.
`
`Similarly, Ide discloses bonding a first electrode of a first circuit member (circuit
`
`board 200- fig. 2C) to a second electrode of a second circuit member (chip),
`
`wherein metallic bond is made by imparting a low pressure in a range of 0.1 to 20
`
`MPa [1] 0061, 0073, 0090]. Ide further teaches such low-pressure application for
`
`flip-chip implementation allows a reduction in the deformation of the wiring or the
`
`like [1] 0061]. It is noted that second lower pressure of 0.3 MPa taught by lgarashi
`
`[Table 1] is encompassed within 0.1-20 MPa pressure (Ide) and 20 MPa or less
`
`(Katsurayama). An exemplary second pressure of 0.3 MPa would be equal to
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 8
`
`lower than 40% of exemplary first pressure (e.g. 20 MPa). The pressure ranges
`
`taught by prior art overlap with claimed ranges. In the case where the claimed
`
`ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case
`
`of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA
`
`1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Both
`
`Katsurayama and lde discloses adjusting bonding pressure between 0.1 to 20
`
`MPa and thus, it is art-recognized result effective variable. An artisan would have
`
`been also motivated to apply low pressure in a range of 0.1 to 20 MPa in
`
`connecting method of lgarashi because it would reduce deformation of the wiring
`
`or other structural features on the circuit members (lde). It would have been
`
`obvious to one of ordinary skill in the art to select any portion of the disclosed
`
`ranges from the ranges disclosed in the prior art reference, particularly in view of
`
`the fact that:
`
`“The normal desire of scientists or artisans to improve upon what is
`
`already generally known provides the motivation to determine where in a
`
`disclosed set of percentage ranges is the optimum combination of percentages”,
`
`In re Peterson 65 USPQ2d 1379 (CAFC 2003). Also In re Geisler 43 USPQ2d
`1365 (Fed. Cir. 1997); In re Woodruff, 16 USPQ2d 1934 (CCPA 1976); mi
`Malagari, 182 USPQ 549, 553 (CCPA 1974).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at
`
`the time of the invention to choose the instantly claimed pressure through
`
`process optimization in the combination of lgarashi, Katsurayama and lde, since
`
`it has been held that where the general conditions of a claim are disclosed in the
`
`prior art, discovering the optimum or workable ranges involves only routine skill in
`
`the art. See In re Boesch, 205 USPQ 215 (CCPA 1980). MPEP 2144.05.
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 9
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`5.
`
`Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Igarashi as applied to claim 1 above, and in view of Tong et al. (US 2003/0189260,
`
`“Tong”).
`
`e.
`
`As to claims 5-7, Igarashi discloses a gold plated bump on the circuit
`
`element (for example, semiconductor chip- 11 0021). Nonetheless, Tong (drawn
`
`to circuit member bonding structure and method) teaches it is known in prior art
`
`to form bumps of conductive pads (electrodes) of a carrier (circuit member) in the
`
`field of semiconductor packaging, wherein the bumps serve as medium of
`
`electrical connection between the chip and the carrier [Background- 11 0005].
`
`Therefore, it would have been obvious to a person of ordinary skill in the art
`
`before the effective filing date of the invention to provide a suitable bump material
`
`on at least one electrode in the connection method of Igarashi since such feature
`
`is conventional in the art and doing so would result in desired electrical
`
`connection between the circuit members (Tong). As an example, Tong teaches
`
`an electrode 222 (first conductive layer) made of titanium or chromium and a
`
`bump 224 (second layer) formed of copper, palladium or gold [fig. 2A, 11 0022].
`
`Gold has Vickers hardness of greater than 20 Hv while the solder material (e.g.
`
`Sn-Bi alloy- lgarashi- 1] 0032) has Vickers hardness of less than 20 Hv, which
`
`satisfied the recited values. Therefore, given teachings of Igarashi and Tong, one
`
`of ordinary skill in the art would have found it obvious to have gold bump on at
`
`least one electrode to form electrical connection between the circuit members in
`
`order to produce structure such as flip-chip assembly.
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 10
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`6.
`
`Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Igarashi
`
`(US 2012/0255766).
`
`f.
`
`As to claim 10, Igarashi discloses bismuth-indium alloy (Sn-Bi-ln), wherein
`
`the amount of bismuth contained in the bismuth-indium alloy is 57% by mass [1]
`
`0032], which is very close to claimed amount of 55% by mass. The claim would
`
`have been obvious since it has been held that a prima facie case of obviousness
`
`exists where the claimed ranges and prior art ranges do not overlap but are close
`
`enough that one skilled in the art would have expected them to have the same
`
`properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775,
`
`227 USPQ 773 (Fed. Cir. 1985), MPEP 2144.05.
`
`7.
`
`Claim 10 is additionally rejected under 35 U.S.C. 103 as being unpatentable over
`
`Igarashi as applied to claim 8 above, and in view of Kishi et al. (US 2016/0316554,
`
`“Kishi”).
`
`g.
`
`As to claim 10, Igarashi is silent as to the amount of bismuth being from
`
`51% by mass to 55% by mass in the bismuth-indium-alloy. However, Kishi (also
`
`drawn to connection structure of circuit members) teaches using solder material
`
`containing bismuth-indium alloy, wherein the amount of bismuth is 51% or 55%
`
`by mass bismuth [1] 0008, 0037-0039]. Kishi teaches that it is highly preferable to
`
`have 43-47% mass indium (i.e. 53-57% mass bismuth) for the bismuth-indium
`
`alloy from the viewpoint of improving electrical connection reliability [11 0040].
`
`Therefore, it would have been obvious to a person of ordinary skill in the art
`
`before the effective filing date of the invention to employ bismuth-indium alloy
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 11
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`having about 53-57% mass bismuth in the connecting method of |garashi in order
`
`to improve electrical connection reliability (Kishi).
`
`Response to Amendment and Arguments
`
`Applicant's arguments filed 2/28/19 have been fully considered but they are not
`
`persuasive for following reasons. Examiner also notes that new ground(s) of 112
`
`rejections have been set forth above in light of amendment(s).
`
`Applicant argues:
`
`However, the amended claim 1 requires pressing and deforming the solder material by a
`first pressure before a viscosity of the adhesive decreases by the heat, and decreasing the
`pressure applied to the solder material from the first pressure to the second pressure before the
`solder material melts.
`
`It means that in Igarashi, the viscosity of the adhesive has already been decreased by
`
`the heat when the solder is pressed by the first pressure and the pressure applied to the solder
`
`material is decreased from the first pressure to the second pressure at the same time or after the
`
`solder material melts. In fact, Fig. l of Igarashi shows that when the first pressure Pl is applied,
`
`the viscosity of the adhesive is decreasing
`
`In response, examiner contends that above added limitation is not supported by
`
`original specification and is also indefinite in scope. Specifically, the language in
`
`specification does not suggest that viscosity of the adhesive within the connection
`
`material does not decrease at all; it merely discloses that “large” decrease of viscosity is
`
`avoided. Moreover, the claimed third process and first pressing process applies heat to
`
`the adhesive while applying first pressure. Therefore, it is unclear how change is
`
`viscosity is completely prevented given that heat is being applied. Therefore, arguments
`
`based on this ambiguous feature are not convincing.
`
`Applicant also argues:
`
`
`
`Application/Control Number: 15/582,794
`Art Unit: 1735
`
`Page 12
`
`Also, Fig. l of Igarashi shows that when the pressure applied to the solder material is
`decreased from the first pressure Pl to the second pressure P2, the temperature is increased from
`Tl to T2 at which the solder material melts. Igarashi clearly describes "In the second heating and
`pressurizing step, a heating temperature is increased from Tl to T2 subsequent to the first
`heating and pressurizing step. Accordingly, the solder particles are heated to a temperature equal
`to or higher than a melting temperature Ts thereof, so that the solder particles are melted ..."
`(0020). Thus, the method disclosed in Igarashi does not satisfy the requirements of amended
`claim 1, which includes decreasing to a second pressure lower than the first pressure before the
`solder material melts.
`
`In response, examiner submits that Igarashi shows decreasing from the first
`
`pressure to a second pressure (lower than P1- see decreasing slope line in Fig. 1)
`
`before the solder material melts. While the pressure is decreasing, the temperature has
`
`n_ot yet reached melting temperature of the solder material. The melting temperature T2
`
`of solder material is reached only after lowering to P2 and therefore, the decrease to
`
`second pressure occurs before the solder material melts as claimed.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 2/28/19 is in compliance with
`
`the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is
`
`being considered by the examiner.
`
`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
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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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