`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313- 1450
`wwwnsptogov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`12/300,707
`
`01/09/2009
`
`Satoshi Okuda
`
`080458
`
`1836
`
`23850
`
`7590
`
`01/31/2014
`
`KRATZ,QUINTOS&HANSON,LLP
`1420 K Street, NW.
`4th Floor
`
`WASHINGTON, DC 20005
`
`LANDEROS, IGNACIO EMMANUEL
`ART UNIT
`PAPER NUMBER
`
`3744
`
`MAIL DATE
`
`01/31/2014
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 12/300,707 OKUDA ET AL.
`
`
`AIA (First Inventor to File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`IGNACIO E. LANDEROS [SENS 3744
`-- The MAILING DA TE of this communication appears on the cover sheet with 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 CFR1. 136( a).
`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.
`-
`- 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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 10/07/2013.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:l This action is non-final.
`2a)|Z| This action is FINAL.
`3)I:I 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 Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) 9-_17is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_9-17is/are rejected.
`
`8)|:I Claim(s)_ is/are objected to.
`* If any)claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`
`
`()
`
`are subject to restriction and/or election requirement.
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`:/'/\W¢W.LISI>I‘.0. ovI’ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`hit
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I 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)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l 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)
`
`3) D Interview Summary (PTO-413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20140120
`
`

`

`Application/Control Number: 12/300,707
`
`Page 2
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`Art Unit: 3744
`
`DETAILED ACTION
`
`This Action is in response to the amendment filed on 10/07/2013. Claims 1-8
`
`remain cancelled; claims 13-17 have been added to the prosecution; and claims 9-17
`
`are currently pending, all as amended directly or indirectly.
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 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 of this title, 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 negatived by the manner in which the invention was made.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459
`
`(1966), that are applied for establishing a background for determining obviousness
`
`under 35 U.S.C. 103(a) are summarized as follows:
`
`1.
`2.
`3.
`4.
`
`Determining the scope and contents of the prior art.
`Ascertaining the differences between the prior art and the claims at issue.
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence present in the application indicating
`obviousness or nonobviousness.
`
`Claims 9-17 are rejected under 35 U.S.C. 103(a) as being unpatentable over Tamaoki
`
`et al (JP 2002-333255 herein referred to as “Tamaoki”),
`
`in view of Case et al. (US Pat.
`
`No. 3,257,820, herein referred to as “Case”), and further, in view of Patel et al. (US Pub.
`
`No. 2003/0147216, herein referred to as “Patel”).
`
`

`

`Application/Control Number: 12/300,707
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`Page 3
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`Art Unit: 3744
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`Regarding claim 9, Tamaoki discloses a refrigeration apparatus comprising:
`
`a refrigerant circuit (Para [0017], Lines 1-3) comprising at least a compressor
`
`(17) (Figure 7), and an evaporator (20) (Fig. 5);
`
`an insulating box body (i.e. outermost walls of refrigerator seen in figs. 4-7)
`
`having a storage chamber (15) (Fig. 6) cooled to a low temperature by the evaporator
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`(i.e. ultra low temperature) (Para [0009], Lines 5-7);
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`a door (8) (fig. 4) openably closing an opening of the storage chamber (implicit);
`
`and
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`a mechanical chamber (i.e. machine house 14) (Fig. 7) which is constituted by
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`the side of the insulating box body, and in which the compressor (17)
`
`(Fig. 7)
`
`is
`
`installed.
`
`Tamaoki fails to explicitly disclose a panel openably closing an opening of the
`
`mechanical chamber (14), a measurement hole to be in communication with the storage
`
`chamber (15), and a plug closing the measurement hole, wherein the plug is configured
`
`to be inserted into and removed from the measurement hold in a state wherein the door
`
`is closed and the panel is open.
`
`Case, however, discloses a cold storage container comprising a mechanical
`
`chamber (chamber between walls 11 and 15 is analogous to Tamaoki’s mechanical
`
`chamber because it
`
`is a chamber that encloses the equipment used to generate
`
`refrigeration/cooling for the storage compartment; see Case col. 3,
`
`lns. 5-11 & fig. 1)
`
`that includes a panel (21) (fig. 1) which openably closes an opening (top opening) of the
`
`mechanical chamber, a measurement hole (60) (fig. 1) communicating with the inside of
`
`

`

`Application/Control Number: 12/300,707
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`Page 4
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`Art Unit: 3744
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`the storage chamber (i.e. between walls 11 and 16), wherein the measurement hole
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`(60) is in a side wall (wall 11) (fig. 1) of an insulating box body (20) (fig. 1) on a side of
`
`the mechanical chamber, a plug (i.e. ring seen around the temperature sensor (52) wire
`
`(between controller 51 and temperature sensor 52) or, alternatively, removable block
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`61) (fig. 1) which closes the measurement hole (col. 3,
`
`lns. 35-41) in an insulating
`
`manner, wherein the plug (61) is configured to be inserted into and removed from the
`
`measurement hole (60) in a state wherein the door is closed and the panel is open (i.e.
`
`the plug can be inserted or removed from the measurement hole while any door or
`
`panel is open or closed, inherently).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the Tamaoki mechanical chamber (14) to include a
`
`measuring hole communicating with the inside of the storage chamber and a plug for
`
`closing the measurement hole, as taught by Case,
`
`in order to create a refrigerating
`
`apparatus that reduces human error by controlling the temperature using temperature
`
`sensors which communicate with the mechanical equipment inside of the mechanical
`
`chamber via the measurement hole, as well as further insulating the storage chamber
`
`from the mechanical parts inside of the mechanical chamber by providing a plug to
`
`close the measurement hole.
`
`Tamaoki, as modified,
`
`fails to disclose that
`
`the mechanical chamber
`
`(14)
`
`comprises a lower and an upper mechanical chamber, wherein the compressor is
`
`installed in the lower mechanical chamber.
`
`

`

`Application/Control Number: 12/300,707
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`Page 5
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`Art Unit: 3744
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`Patel, however, discloses a chamber,
`
`that includes an upper chamber and a
`
`lower chamber (divided by shelf 22 — see fig. 1), wherein the mechanical equipment
`
`(such as 18b, 12b) is installed in the lower chamber.
`
`Therefore, it would have been obvious to a person having ordinary skill in the art
`
`at the time the invention was made to modify the mechanical chamber (14) of Tamaoki
`
`to comprise an upper and lower mechanical chamber, wherein the compressor
`
`(analogous to the mechanical equipment 18b, 12b of Patel) is installed in the lower
`
`mechanical chamber, as taught by Patel,
`
`for the purpose of thermally isolating the
`
`mechanical equipment from computer/controls equipment, as well as to provide support
`
`(as taught by shelf 22 of Patel - see fig. 1) for the computer/controls equipment (i.e.
`
`computer equipment seen on the upper half of the machine chamber in fig. 4 of
`
`Tamaoki).
`
`Regarding claims 10 and 13, Tamaoki discloses a refrigeration apparatus
`
`comprising:
`
`a high-temperature-side refrigerant circuit and a low-temperature-side refrigerant
`
`circuit
`
`(see abstract;
`
`low temperature circuit and high temperature circuit) each
`
`comprising at least an independent refrigerant closed circuit (implied from compressors
`
`17, 18) (fig. 2) in which a refrigerant discharged from a compressor is condensed and
`
`then evaporated to exert a cooling function (implied from a vapor-compression system),
`
`an evaporator of the high-temperature-side refrigerant circuit and a condenser of the
`
`low-temperature-side refrigerant circuit constituting a cascade heat exchanger (i.e. an
`
`implied feature stated as cascade-connecting, see Abstract), an evaporator of the low-
`
`

`

`Application/Control Number: 12/300,707
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`Page 6
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`Art Unit: 3744
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`temperature-side refrigerant circuit being configured to cool a storage chamber (inside
`
`of freezer 1) constituted in an insulated box body (1)
`
`(fig. 2) to a low temperature
`
`(Abstract; u/tralow—temperature),
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`the refrigeration apparatus further comprising:
`
`a door (8) (fig. 4) openably closing an opening of the storage chamber; and
`
`a mechanical chamber (14) (fig. 2) which is abutting a side (i.e. element 14 as
`
`seen in fig. 2 below the storage body or as alternatively seen in a horizontal orientation
`
`in figs. 4, 5 and 8) of the insulating box body (1) and in which the compressor (17, 18) is
`
`installed.
`
`Tamaoki fails to disclose a panel openably closing an opening of the mechanical
`
`chamber (14), a measurement hole penetrating through a side wall of the insulating box
`
`body and communicating with an inside of the storage chamber (inside of element 1) on
`
`the side wall of the insulating box body (1) on a side of the mechanical chamber (14), a
`
`plug closing the measurement hole.
`
`Case, however, discloses a cold storage container comprising a mechanical
`
`chamber (chamber between walls 11 and 15 is analogous to Tamaoki’s mechanical
`
`chamber because it
`
`is a chamber that encloses the equipment used to generate
`
`refrigeration/cooling for the storage compartment; see Case col. 3,
`
`lns. 5-11 & fig. 1)
`
`that includes a panel (21) (fig. 1) which openably closes an opening (top opening) of the
`
`mechanical chamber, a measurement hole (hole in which conduit [connecting elements
`
`51 and 52 together] extends through) (fig. 1) communicating with the inside of the
`
`storage chamber (i.e. between walls 11 and 16), wherein the measurement hole is in a
`
`

`

`Application/Control Number: 12/300,707
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`Page 7
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`Art Unit: 3744
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`side wall
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`(wall 11)
`
`(fig. 1) of an insulating box body (20)
`
`(fig. 1) on a side of the
`
`mechanical chamber, a plug (61) (fig. 1) which closes the measurement hole (col. 3, lns.
`
`35-41) in an insulating manner, a detachable partition plate (ring 60) which divides an
`
`inside of the mechanical chamber into upper and lower chambers (i.e. anything above
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`the insulation body side of ring 60 is the upper chamber portion and anything below the
`
`bottom of ring 60 is the lower chamber), wherein the measurement hole is constituted at
`
`the upper chamber (above ring 60) above the detachable partition plate (ring 60),
`
`wherein the panel (21) is disposed above the upper chamber (as noted above), wherein
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`the opening of the mechanical chamber (opening of door panel 21) corresponds to an
`
`opening of the upper chamber, and wherein the plug is configured to be inserted into
`
`and removed from the measurement hole in a state wherein the panel is open (i.e. the
`
`plug can be inserted or removed from the measurement hole while any door is open or
`
`closed, inherently).
`
`Therefore it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the Tamaoki mechanical chamber (14) to include a
`
`panel, a measuring hole communicating with the inside of the storage chamber and a
`
`plug for closing the measurement hole, as taught by Case,
`
`in order to create a
`
`refrigerating apparatus that reduces human error by controlling the temperature using
`
`temperature sensors which communicate with the mechanical equipment inside of the
`
`mechanical chamber via the measurement hole, as well as further insulating the storage
`
`chamber from the mechanical parts inside of the mechanical chamber by providing a
`
`plug to close the measurement hole.
`
`

`

`Application/Control Number: 12/300,707
`
`Page 8
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`Art Unit: 3744
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`Tamaoki, as modified,
`
`fails to disclose that
`
`the mechanical chamber
`
`(14)
`
`comprises a lower mechanical chamber and an upper mechanical chamber; and a
`
`partition plate covering a top of the lower mechanical chamber, and extending from a
`
`first wall having the measurement hole to a second wall, wherein the compressor is
`
`installed in the lower mechanical chamber, and wherein the measurement hole
`
`penetrates to the storage chamber on a side of the upper mechanical chamber.
`
`Patel, however, discloses a chamber (see fig. 2) comprising a lower chamber
`
`and an upper chamber (chambers divided by shelf 22); and a partition plate (22)
`
`covering a top of the lower chamber (lower compartment enclosing 12b and 18b), and
`
`extending from a first wall to a second wall (i.e. shelf 22 extends from left to right in fig.
`
`1 and 2).
`
`Therefore, it would have been obvious to a person having ordinary skill in the art
`
`at the time the invention was made to modify the mechanical chamber (14) of Tamaoki
`
`to comprise an upper and lower mechanical chamber, wherein the compressor
`
`(analogous to the mechanical equipment 18b, 12b of Patel) is installed in the lower
`
`mechanical chamber, as taught by Patel, for the purpose of thermally isolating the
`
`mechanical equipment from computer/controls equipment, as well as to provide support
`
`(as taught by shelf 22 of Patel - see fig. 1) for the computer/controls equipment (i.e.
`
`computer equipment seen at
`
`the upper half of the machine chamber in fig. 4 of
`
`Tamaoki). The modification results in that the measurement hole penetrates through a
`
`side of the upper mechanical chamber since Case teaches that its measurement hole
`
`penetrates in the vicinity of an uppermost portion of its mechanical chamber (see fig.
`
`1
`
`

`

`Application/Control Number: 12/300,707
`
`Page 9
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`Art Unit: 3744
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`of Case) and also because Tamaoki illustrates the computer/controls equipment to be
`
`located at the upper half of the machine chamber (see fig. 4 of Tamaoki).
`
`Regarding claims 11, 14 and 16, Tamaoki discloses the insulating box body is
`
`formed of composite constitution of vacuum insulating panels (5) (fig. 2) and a foam
`
`insulating material (6) (fig. 2).
`
`Regarding claims 12, 15 and 17, Tamaoki, as modified above, discloses the
`
`claimed invention,
`
`including that
`
`the insulating box body is formed of composite
`
`constitution of vacuum insulating panels (5) (fig. 2) and a foam insulating material (6)
`
`(fig. 2), and that the vacuum insulating panels (5) are arranged in a front, rear and side
`
`walls of the insulating box body (see fig. 2). Tamaoki fails to disclose that the vacuum
`
`insulating panels (5) are comprised in each wall other than the side wall of the insulating
`
`box body on the side of the mechanical chamber.
`
`Case, however, discloses that its insulating box body (10) (see fig. 1) is formed
`
`foam insulating material in all of its walls including the wall of the insulating box body on
`
`the side of the mechanical chamber (between walls 11 and 16) with no vacuum
`
`insulating panels (col. 2,
`
`lns. 23-39),
`
`i.e., the all of the container is made of various
`
`disclosed foam insulating materials, none of which are vacuum insulated panels.
`
`Therefore it would have been obvious to a person having ordinary skill in the art at the
`
`time the invention was made to modify the side wall of the insulating box body on the
`
`side of the mechanical chamber (wall adjacent to mechanical chamber 14) of Tamaoki
`
`to not include a vacuum insulated panel, as taught by Case, for the purpose of saving in
`
`manufacturing costs by minimizing the number of walls having vacuum insulated
`
`

`

`Application/Control Number: 12/300,707
`
`Page 10
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`Art Unit: 3744
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`panels. The modification results in that all of the insulating box body walls of Tamaoki
`
`comprise both vacuum insulating panels and foam insulating material, except for the
`
`wall abutting the mechanical chamber - which would only comprise foam insulating
`
`material. Vacuum panels in said wall adjacent to the mechanical chamber would require
`
`all mechanical and electrical connections to equipment of the mechanical chamber to be
`
`routed around the vacuum insulating panels or complex seals throughout said vacuum
`
`insulating panel enabling the connection to be fed through the panels. Thus the
`
`modification is advantageous in that the construction of the insulating box body would
`
`be reduced in complexity since connections can be fed right through a foam insulating
`
`material without any complex seals. It would still, however, be advantageous to maintain
`
`vacuum insulating panels in the remaining walls for the purpose of providing the
`
`insulating box body with superior insulating properties.
`
`Response to Arguments
`
`Applicant’s arguments with respect to claims 9-17 have been considered but are
`
`moot
`
`in view of newly founded prior art Patel
`
`(US Pub. No. 2003/0147216), which
`
`teaches a chamber that includes an upper and lower chamber and a partition plate that
`
`extends from wall to wall and covering an upper portion of the lower chamber (see fig.
`
`1
`
`and 2).
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action.
`
`Accordingly, THIS ACTION IS MADE FINAL.
`
`See MPEP
`
`

`

`Application/Control Number: 12/300,707
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`Page 11
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`Art Unit: 3744
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(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
`
`extension fee 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 date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to IGNACIO E. LANDEROS whose telephone number is
`
`(571)270-1875. The examiner can normally be reached on Monday-Friday from 9am-
`
`5pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Judy Swann can be reached on (571) 272-7075. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval
`
`(PAIR) system.
`
`Status information for published
`
`applications may be obtained from either Private PAIR or Public PAIR.
`
`Status
`
`information for unpublished applications is available through Private PAIR only.
`
`For
`
`more information about the PAIR system, see http://pair-direct.uspto.gov. Should you
`
`have questions on access to the Private PAIR system, contact the Electronic Business
`
`

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`Application/Control Number: 12/300,707
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`Page 12
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`Art Unit: 3744
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`Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance from a USPTO
`
`Customer Service Representative or access to the automated information system, call
`
`800-786-9199 (IN USA OR CANADA) or 571 -272—1 000.
`
`/|. E. L./
`
`/JOHN PETTITT/
`
`Examiner, Art Unit 3744
`
`Primary Examiner, Art Unit 3744
`
`