`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`
`
`
`
`14/238,783
`
`02/13/2014
`
`Tsutomu Kojitani
`
`737156.406USPC
`
`3945
`
`Seed Intellectual Property Law Group PLLC
`701 Fifth Avenue, Suite 5400
`Seattle, WA 98104
`
`
`
`W SONaRENEEI
`
`ART UNIT
`
`2853
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`08/03/2015
`
`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):
`
`patentinfo @ seedip.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/238,783 KOJITANI ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`RENEE I. WILSON first“ 2853
`
`-- 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 3 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)IXI Responsive to communication(s) filed on 03/30/2015.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)|:| This action is non-final.
`a)IXl 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)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`5)|XI Claim(s) 1-15is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s)_ is/are allowed.
`
`7)IZ| Claim(s
`1-4 6-10 12 and 13 is/are rejected.
`)
`8)IZ| Claim(s) 5,11 and 15is/are objected to.
`
`9)|:l Claim((s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, 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
`htt
`://www.usoto. ov/ atents/init events,"
`h/‘index.
`
`
`
`‘3 , or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I 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:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)|:l All
`1.|:| Certified copies of the priority documents have been received.
`2.|:| Certified copies of the priority documents have been received in Application No.
`3.|:I 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 (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) E InformatIon DIscIosure 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 20150727
`
`

`

`Application/Control Number: 14/238,783
`
`Page 2
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`Art Unit: 2853
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`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`Information Disclosure Statement
`
`The IDS filed on 07/08/2015 has been acknowledged and a signed copy of PTO-
`
`1449 is attached herein.
`
`Claim Rejections - 35 USC § 102
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`The following is a quotation of the appropriate paragraphs of pre-AIA 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 —
`
`(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.
`
`Claims 1-3 are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by
`
`Talach et al. (US 7591430).
`
`Regarding Claim 1:
`
`Talach et al. teaches a terminal unit comprising: a casing (Figure 1
`
`element 16) having an upper surface (Figure 1 element 18) with a display (Figure
`
`

`

`Application/Control Number: 14/238,783
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`Page 3
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`Art Unit: 2853
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`1 element24) disposed thereon [co/. 2 lines 13-15]; a printer head (Figure 1
`
`element 36) provided inside the casing (Figure 1 element 16) which, in operation,
`
`prints on recording paper pulled out of a recording paper roll (Figure 1 element
`
`38) [co/. 2 lines 57-59]; and a recording paper roll housing (disclosed as a
`
`compartment) provided, in the casing (Figure 1 element 16), wherein the display
`
`(Figure 1 element24), the printer head (Figure 1 element 36), and the recording
`
`paper roll housing (disclosed as a compartment) overlap in an orthogonal
`
`direction to the upper surface [co/. 2 lines 57-67, 00/. 3 lines 5-8].
`
`Regarding Claim 2:
`
`Talach et al. teaches the terminal unit according to claim 1, wherein the
`
`upper surface (Figure 1 element 18), a surface of the printer head (Figure 1
`
`element 36) facing the upper surface (Figure 1 element 18), and an imaginary
`
`central axis of the recording paper roll (Figure 1 element 38) are parallel to each
`
`other [col. 3 lines 5-22].
`
`Regarding Claim 3:
`
`Talach et al. teaches the terminal unit according to claim 3, wherein the
`
`printer head (Figure 1 element 36) and the recording paper roll housing
`
`(disclosed as a compartment) are closer to one end side of the casing (Figure 1
`
`element 16) than another end side of the casing (Figure 1 element 16) [co/. 3
`
`lines 5-9].
`
`

`

`Application/Control Number: 14/238,783
`
`Page 4
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`Art Unit: 2853
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`Claim Rejections - 35 USC § 103
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`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 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 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 4, 6-10, 12-14 are rejected under pre-AIA 35 U.S.C. 103(a) as being
`
`unpatentable over Talach et al. (US 7591430) in view of Matsui et al. (US
`
`2005/0162497).
`
`

`

`Application/Control Number: 14/238,783
`
`Page 5
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`Art Unit: 2853
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`Regarding Claim 4:
`
`Talach et al. teaches the terminal unit according to claim 1, wherein the
`
`casing (Figure 1 element 16) further comprises a paper cover (Figure 1 element
`
`40) can be opened and closed for mounting or dismounting of the recording
`
`paper roll (Figure 13 element 38), the paper cover (Figure 1 element40) includes
`
`at least a part of the recording paper roll housing (disclosed as a compartment)
`
`and holds the recording paper roll (Figure 1 element 38), and the printer head
`
`(Figure 1 element 36) are provided opposite from each other across the
`
`recording paper roll housing (Figure 1 element 16) [co/. 2 lines 59-62].
`
`The difference between prior art Talach et al. and the instant claim is that
`
`Talach et al. does not expressly teach a paper cover attached with cover hinges,
`
`and the cover hinges and the printer head are provided opposite from each other
`
`across the recording paper roll housing.
`
`However, Matsui et al. teaches a paper cover (Figure 1 element25)
`
`attached with cover hinges (disclosed as a hinge projection), and the cover
`
`hinges (disclosed as a hinge projection) and the printer head (Figure 3 element
`
`19) are provided opposite from each other across the recording paper roll
`
`housing (Figure 1 element 3) [paragraphs 52-53 and 106].
`
`Therefore, it would have been obvious to one of ordinary skill in the art at
`
`the time the invention was made to modify the paper cover of Talach et al. by
`
`having a cover hinge attached to the cover door as taught by Matsui et al.
`
`

`

`Application/Control Number: 14/238,783
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`Page 6
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`Art Unit: 2853
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`because providing a cover hinge on the cover door allows for access and
`
`removal of the paper roll.
`
`Regarding claim 6:
`
`Talach et al. teaches the terminal unit according to claim 1, further
`
`comprising: a paper cover (Figure 1 element 40) that can be opened and closed
`
`for mounting or dismounting of the recording paper roll (Figure 1 element42)
`
`[co/. 2 lines 59-61]; a paper ejection port (Figure 1 element 42) for ejecting
`
`recording paper (Figure 1 element 38), which is pulled out of the recording paper
`
`roll (Figure 1 element 38), from the recording paper roll housing (disclosed as
`
`compartment) [co/. 2 line 67, 00/. 3 lines 1-4]; and a cutter (disclosed as a dual-
`
`tear bar) for cutting the recording paper (Figure 1 element 38) which is pulled out,
`
`wherein the cutter (disclosed as a dual tear bar) is disposed inside between the
`
`printer head (Figure 1 element 36) and the paper ejection port (Figure 1 element
`
`42) near the upper surface [col. 2 line 67, 00/. 3 lines 1-4, figures 2 and 3].
`
`The difference between prior art Talach et al. and the instant claim is that
`
`Talach et al. does not expressly teach a paper cover attached with cover hinges.
`
`However, Matsui et al. teaches a paper cover (Figure 1 element25)
`
`attached with cover hinges (disclosed as a hinge projection), and the cover
`
`hinges (disclosed as a hinge projection) and the printer head (Figure 3 element
`
`19) are provided opposite from each other across the recording paper roll
`
`housing (Figure 1 element 3) [paragraphs 52-53 and 106].
`
`

`

`Application/Control Number: 14/238,783
`
`Page 7
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`Art Unit: 2853
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`Therefore, it would have been obvious to one of ordinary skill in the art at
`
`the time the invention was made to modify the paper cover of Talach et al. by
`
`having a cover hinge attached to the cover door as taught by Matsui et al.
`
`because providing a cover hinge on the cover door allows for access and
`
`removal of the paper roll.
`
`Regarding Claim 7:
`
`Talach et al. as modified by Matsui et al. teaches the terminal unit
`
`according to claim 6, Matsui et al. also teaches wherein the paper cover (Figure
`
`1 element25) includes at least a part of the ejection port (Figure 1 element 32)
`
`remotely from the cover hinges (disclosed as hinge projection) [paragraph 54].
`
`Regarding Claim 8:
`
`Talach et al. as modified by Matsui et al. teaches the terminal unit
`
`according to claim 6, Matsui et al. also teaches wherein a pair of first guides
`
`(Figure 7 element 17), which are provided at an interval substantially equal to a
`
`width of the recording paper roll (Figure 7 element2) at an end of the paper
`
`cover (Figure 7 element25) opposite from an end of the paper cover (Figure 7
`
`element 25) where the cover hinges (disclosed as hinge projection) are located,
`
`constitute at least a part of the paper ejection port (Figure 7 element 32)
`
`[paragraph 55].
`
`Regarding Claim 9:
`
`Talach et al. as modified by Matsui et al. teaches the terminal unit
`
`according to claim 6, Matsui et al. also teaches further comprising a sensor
`
`

`

`Application/Control Number: 14/238,783
`
`Page 8
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`Art Unit: 2853
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`(Figure 1 element 37) which detects the recording paper (Figure 1 element2)
`
`pulled out of the recording paper roll (Figure 1 element 2) and ejected from the
`
`recording paper roll housing (Figure 1 element 3) to the paper ejection port
`
`(Figure 1 element 32), wherein the paper cover (Figure 1 element25) is provided
`
`with a second guide (Figure 1 element 18), which is positioned at an end of the
`
`paper cover (Figure 1 element25) opposite from an end of the paper cover
`
`(Figure 1 element 25) where the cover hinges (disclosed as hinge projection) are
`
`located, the second guide (Figure 1 element 18) and the sensor (Figure 1
`
`element 37) are provided opposite from each other across an ejection path of the
`
`recording paper (Figure 1 element 3), and the second guide (Figure 1 element
`
`18) faces the sensor (Figure 1 element 37) when the paper cover (Figure 1
`
`element 25) is closed [paragraph 57].
`
`Regarding Claim 10:
`
`Talach et al. teaches the terminal unit according to claim 1, wherein the
`
`casing further comprises: a paper cover (Figure 1 element 40) attached to the
`
`casing (Figure 1 element 16) such that the paper cover (Figure 1 element 40)
`
`can be opened and closed for mounting or dismounting of the recording paper
`
`roll (Figure 1 element 38) [co/. 2 lines 59-61]; and a paper ejection port (Figure 1
`
`element 42) for ejecting recording paper, which is pulled out of the recording
`
`paper roll (Figure 1 element 38), from the recording paper roll housing (disclosed
`
`as compartment), wherein the paper cover (Figure 1 element 40) constitutes a
`
`part of each of the recording paper roll housing (disclosed as compartment) and
`
`

`

`Application/Control Number: 14/238,783
`
`Page 9
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`Art Unit: 2853
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`the paper ejection port (Figure 1 element42), is disposed at an end of the paper
`
`cover (Figure 1 element 40) opposite from an end of the paper cover (Figure 1
`
`element 40) where the paper constitutes at least part of the paper ejection port
`
`(Figure 1 element 42) [co/. 2 line 67, 00/. 3 lines 1-4, figures 2 and 3].
`
`The difference between the prior art Talach et al. and the instant claim is
`
`that Talach et al. does not expressly teach a paper cover attached to the casing
`
`with cover hinges such that the paper cover can be opened and closed for
`
`mounting or dismounting of the recording paper roll nd the paper ejection port,
`
`and the cover hinges are disposed at an end of the paper cover opposite from an
`
`end of the paper cover where the paper constitutes at least part of the paper
`
`ejection port.
`
`However, Matsui et al. teaches a paper cover (Figure 1 element25)
`
`attached to the casing (Figure 1 element 1) with cover hinges (disclosed as hinge
`
`projection) such that the paper cover (Figure 1 element25) can be opened and
`
`closed for mounting or dismounting of the recording paper roll (Figure 1 element
`
`2) and the paper ejection port (Figure 1 element 32), and the cover hinges
`
`(disclosed as hinge projection) are disposed at an end of the paper cover (Figure
`
`1 element25) opposite from an end of the paper cover (Figure 1 element25)
`
`where the paper constitutes at least part of the paper ejection port (Figure 1
`
`element 32) [paragraph 54].
`
`Therefore, it would have been obvious to one of ordinary skill in the art at
`
`the time the invention was made to modify the paper cover of Talach et al. by
`
`

`

`Application/Control Number: 14/238,783
`
`Page 10
`
`Art Unit: 2853
`
`having a cover hinge attached to the cover door as taught by Matsui et al.
`
`because providing a cover hinge on the cover door allows for access and
`
`removal of the paper roll.
`
`Regarding Claim 12:
`
`Talach et al. as modified by Matsui et al. teaches the terminal unit
`
`according to claim 10, Talach et al. also teaches further comprising a cutter
`
`(disclosed as a dual-tear bar) for cutting the recording paper (Figure 1 element
`
`38) which is pulled out, wherein the cutter (disclosed as a dual tear bar) is
`
`disposed inside the casing (Figure 1 element 16) between the printer head
`
`(Figure 1 element 36) and the paper ejection port (Figure 1 element42) near the
`
`upper case (Figure 1 element 18) [co/. 2 line 67, 00/. 3 lines 1-4, figure].
`
`Regarding Claim 13:
`
`Talach et al. as modified by Matsui et al. teaches the terminal unit
`
`according to claim 12, Matsui et al. also teaches wherein a pair of first guides
`
`(Figure 7 element 17) provided at an interval substantially equal to a width of the
`
`recording paper roll (Figure 7 element 2) constitute at least a part of the paper
`
`ejection port (Figure 7 element 32) [paragraph 55].
`
`Regarding Claim 14:
`
`Talach et al. as modified by Matsui et al. teaches the terminal unit
`
`according to claim 12, Matsui et al. also teaches further comprising a sensor
`
`(Figure 1 element 37) which detects the recording paper (Figure 1 element2)
`
`pulled out of the recording paper roll (Figure 1 element 2) and ejected from the
`
`

`

`Application/Control Number: 14/238,783
`
`Page 11
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`Art Unit: 2853
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`recording paper roll housing (Figure 1 element 3) to the paper ejection port
`
`(Figure 1 element 32), wherein the paper cover (Figure 1 e/ement25) is provided
`
`with a second guide (Figure 1 element 18), and the second guide (Figure 1
`
`element 18) and the sensor (Figure 1 element 37) are provided opposite from
`
`each other across an ejection path of the recording paper (Figure 1 e/ement2)
`
`[paragraph 57].
`
`Allowable Subject Matter
`
`Claims 5, 11 and 15 are objected to as being dependent upon a rejected base
`
`claim, but would be allowable if rewritten in independent form including all of the
`
`limitations of the base claim and any intervening claims.
`
`Regarding Claims 5 and 11 :
`
`The cited prior art of the record does not teach or fairly suggest a terminal
`
`unit comprising, along with the other claimed features, further comprising a
`
`paper holder which constitutes a part of the recording paper roll housing part
`
`and holds the recording paper roll inside the casing, wherein the paper holder
`
`is attached to the paper cover such that, when the paper cover is opened, the
`
`paper holder is opened around holder hinges, which are disposed at an end
`
`of the side where the cover hinge parts are located, in the direction away from
`
`the paper cover.
`
`

`

`Application/Control Number: 14/238,783
`
`Page 12
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`Art Unit: 2853
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`Regarding Claim 15:
`
`The cited prior art of the record does not teach or fairly suggest a terminal
`
`unit comprising, along with the other claimed features, wherein the casing
`
`further comprises: a paper ejection port for ejecting recording paper, which is
`
`pulled out of the recording paper roll, from the housing part; and a window
`
`part for viewing the recording paper roll in the housing part, and the window
`
`part) is provided on a surface of the casing which intersects both of a paper
`
`ejection surface, where the paper ejection port is provided, and the display
`
`surface.
`
`Response to Arguments
`
`Applicant’s arguments with respect to claim 1 have been considered but are
`
`moot because the arguments do not apply to any of the references being used in the
`
`current rejection.
`
`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: 14/238,783
`
`Page 13
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`Art Unit: 2853
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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 RENEE l. WILSON whose telephone number is
`
`(571)270-7896. The examiner can normally be reached on 10:00 A.M.-6:30 PM.
`
`Monday- Friday.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Stephen Meier can be reached on (571 )272—2149. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571 -273-8300.
`
`

`

`Application/Control Number: 14/238,783
`
`Page 14
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`Art Unit: 2853
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`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 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.
`
`/RENEE | WILSON/
`
`Examiner, Art Unit 2853
`
`/Manish S Shah/
`
`Primary Examiner, Art Unit 2853
`
`