UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/619,081
`
`06/09/2017
`
`LEI HUANG
`
`731156.621C1
`
`9983
`
`S eed IP Law Group LLP/Panas on1e
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`KAVLES KL RYAN C
`
`ART UNIT
`
`2412
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/10/2019
`
`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):
`US PTOeACtion @ SeedIP .Com
`
`pairlinkdktg @ seedip .eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Advisory/lotion
`Before [/79 Filing ofa” Appea/Bfief
`
`Application No.
`
`15/6191081
`Examiner
`RYAN C KAVLESKI
`
`Applicant(s)
`
`HUANG et al.
`Art Unit
`2412
`
`AIA (FITF) Status
`Yes
`
`-- 7'he MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`THE REPLY FILED 20 May 2019 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`N
`N Tl E
`F APPEAL FILED
`
`1.
`
`The reply was filed after a final rejection. No Notice of Appeal has been filed. To avoid abandonment of this application, applicant must timely file
`one of the following replies: (1) an amendment, affidavit, or other evidence, which places the application in condition for allowance;
`(2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or (3) a Request for Continued Examination (RCE) in compliance with
`37 CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply must be filed within one of
`the following time periods:
`months from the mailing date of the final rejection.
`a) C] The period for reply expires
`b)
`The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whichever is later.
`In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
`c) CI A prior Advisory Action was mailed more than 3 months after the mailing date of the final rejection in response to a first after-final reply filed
`within 2 months of the mailing date of the final rejection.The current period for reply expires
`months from the mailing date of
`[hepf/bfAdV/Sij/Ac/Ibfl or SIX MONTHS from the mailing date of the final rejection, whichever is earlier.
`ExammerNole: If box 1
`is checked, check either box (
`), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANTS FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL
`REJECTION. ONLY CHECK BOX (c) IN THE LIMITED SITUATION SET FORTH UNDER BOX (c). See MPEP 706.07( ).
`Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate
`extension fee have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The
`appropriate extension fee under 37 CFR 1 .17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally
`set in the final Office action; or (2) as set forth in (b) or (c) above, if checked. Any reply received by the Office later than three months after the
`mailing date of the final rejection, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`N Tl E
`F APPEAL
`
`. A brief in compliance with 37 CFR 41.37 must be filed within two months of the date of filing the Notice
`2. E] The Notice of Appeal was filed on
`of Appeal (37 CFR 41 .37(a)), or any extension thereof (37 CFR 41 .37(e)), to avoid dismissal of the appeal. Since a Notice of
`Appeal has been filed, any reply must be filed within the time period set forth in 37CFR 41 .37(
`).
`AMENDMENTS
`3.
`The proposed amendments filed after a final rejection, but prior to the date of filing a brief, will n_o_t be entered because
`a)
`They raise new issues that would require further consideration and/or search (see NOTE below);
`b) CI They raise the issue of new matter (see NOTE below);
`c)
`They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; and/or
`d) C] They present additional claims without canceling a corresponding number of finally rejected claims.
`NOTE: See Continuation Sheet (See 37CFR 1.116 and 41 .33(
`)).
`4. [:1 The amendments are not in compliance with 37CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. [:1 Applicants reply has overcome the following rejection(s):
`6. CI Newly proposed or amended claim(s)
`would be allowable if submitted in a separate, timely filed amendment canceling the non-allowable
`claim( ).
`For purposes of appeal, the proposed amendment(s):(a).will not be entered, or (b)I:Iwill be entered, and an explanation of how the
`new or amended claims would be rejected is provided below or appended.
`AFFIDAVIT R THER EVIDEN E
`
`7.
`
`8. C] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`9. I:I The affidavit or other evidence filed after final action, but before or on the date of filing a Notice of Appeal will n_o_t be entered because applicant
`failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier presented. See 37
`CFR 1.116( ).
`10. CI The affidavit or other evidence filed after the date of filing the Notice of Appeal, but prior to the date of filing a brief, will n_o_t be entered because
`the affidavit or other evidence failed to overcome a_|| rejections under appeal and/or appellant fails to provide a showing of good and sufficient
`reasons why it is necessary and was not earlier presented. See 37 CFR 41 .33(d)(
`).
`11. D The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
`RE
`E T F R RE
`N IDERATI N THER
`
`12.
`
`The request for reconsideration has been considered but does NOT place the application in condition for allowance because:
`See attached PTO413B.
`
`
`
`13. CI Note the attached Information D/lsc/osure Slalemen/(s). (PTO/SB/08) Paper No(
`14.
`Other: See attached PTO41SB and PT02323.
`STATUS OF CLAIMS
`15. The status of the claim(s) is (or will be) as follows:
`Claim(s) allowed:
`Claim(s) objected to:
`Claim(s) rejectedm.
`Claim(s) withdrawn from consideration:
`/R.C.K/
`Examiner, Art Unit 2412
`US. Patent and Trademark Office
`PTOL-303 (Rev. 08-2013)
`
`).
`
`/GEORGE C ATKINS/
`Primary Examiner, Art Unit 2412
`
`Advisory Action Before the Filing of an Appeal Brief
`
`Paper No. 20190605
`
`

`

`Continuation Sheet (PTOL-303)
`
`App"°at'°" N°' 15/619981
`
`Continuation of 3. NOTE: Claim language alters scope to specifically requiring encoding headers to
`generate a first codeword rather than encode the headers into a codeword as previously examined.
`Language does not put case in condition for allowance due to interpretation concerns as noted in
`PTO41BB.
`
`