www.uspto.gov
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`15/432,508
`
`02/14/2017
`
`Takayuki KOBAYASHI
`
`08279.1777USD1
`
`3092
`
`53148
`
`759°
`
`04’1””
`
`HAMRE, SCHUMANN, MUELLER & LARSON RC.
`45 South Seventh Street
`Suite 2700
`
`MINNEAPOLIS, MN 55402-1683
`
`KARIM' ZIAUL
`
`PAPER NUMBER
`
`ART UNIT
`2119
`
`NOTIFICATION DATE
`
`DELIVERY MODE
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`04/ 1 1/2019
`
`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
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`following e—mail address(es):
`PTOMail@hsml.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0,7709 A0170” Summary
`
`Application No.
`15/432,508
`Examiner
`ZIAUL KARIM
`
`Applicant(s)
`KOBAYASHI et al.
`Art Unit
`AIA (FITF) Status
`2119
`No
`
`- 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
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`1). Responsive to communication(s) filed on 02/26/2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`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.
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`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)
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`7 and 10—13 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 7 and 10—13 is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
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`6 7
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`8
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`
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
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`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
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`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:
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`a). All
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`b)I:J Some**
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`c)C] None of the:
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`1.. Certified copies of the priority documents have been received.
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`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)
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`1)
`
`Notice of References Cited (PTO-892)
`
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`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-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190329
`
`

`

`Application/Control Number: 15/432,508
`Art Unit: 2119
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`2.
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`3.
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`4.
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`Claims 7 and 10-13 are pending.
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`Claims 1-6 and 8-9 are cancelled.
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`Examiner decided to withdraw 101 rejection because applicant’s amendment to
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`the claims overcome the rejections.
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`Response to Arguments
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`5.
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`Applicant's arguments filed 02/26/2019 have been fully considered but they are
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`not persuasive. Applicant’s argument on page 7, “Ehlers does not disclose that the
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`control unit controls the room temperature to be the temperature within a temperature
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`range that is lower by a predetermined temperature than the upper-limit temperature
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`and that is higher by a predetermined temperature than the lower-limit temperature, as
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`required by claim 7”. Examiner respectfully disagree because FIG. 40 when HVAC is
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`auto mode HVAC will run between the temperature of 58-85 degree. When temperature
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`goes below lower limit that is 58 it will turn heat ON and when temperature rise above
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`85 degree which is the upper limit it turn the cooling system. Therefore Ehlers teaches
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`claim limitations.
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`6.
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`Furthermore USPGPUB 2010/0085144 and USPGPUB 2010/0289643 teaches
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`claim limitations.
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`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
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`Page 3
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`Claim Rejections - 35 USC § 102
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`7.
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
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`102 that form the basis for the rejections under this section made in this Office action:
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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.
`
`8.
`
`Claim(s) 7 and 10-13 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being
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`anticipated by Ehlers et al. USPGPUB 2008/0217419 (hereinafter “Ehlers”).
`
`As to claim 7, Ehlers teaches a household electric appliance (paragraph 0055
`
`“controls the central HVAC system”) comprising: a receiving unit that receives a
`
`setting signal to set a predetermined air- conditioning operation with an upper-limit
`
`temperature and a lower-limit temperature of a room temperature set (paragraph 0100
`
`“thermostat 4.18 within the control panel 4.10. The virtual thermostat 4.18
`
`contains an information section or display 4.20 and a plurality of thermostat
`
`buttons 4.22. The display section 4.20 includes information related to the actual
`
`or real time conditions at the site” and paragraph 0101-0103 and FIG. 4C, 1A-2B,
`
`0008-0010); a drive unit that drives an object to be driven to regulate the room
`
`temperature (paragraph 0086 “multi-speed fan. This fan is designed to operate a
`
`several speeds depending on its design and operates at a low speed setting when
`
`the heating process is active and at a high speed when the cooling process is
`
`active” and paragraph 0087-0088); and a control unit that controls an action of the
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`drive unit (paragraph 0010-0011 “controller is programmed to operate an
`
`

`

`Application/Control Number: 15/432,508
`Art Unit: 2119
`
`Page 4
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`environmental system within the dwelling with at least two different set points for
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`temperature and humidity” and paragraph 0088-0091, FIG. 1A-23, 4A-4C), wherein
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`the control unit, in the case of reception of the setting signal to set the predetermined
`
`air-conditioning operation, controls the drive unit to perform the predetermined air-
`
`conditioning operation so that the room temperature will be the temperature within a
`
`temperature range that is lower by a predetermined temperature than the upper-limit
`
`temperature and that is higher by a predetermined temperature than the lower-limit
`
`temperature, in the predetermined air-conditioning operation (paragraph 0100 “heating
`
`and cooling set points are set to 58.degree. F. and 85.degree. F. ” paragraph
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`0101-0111, FIG. 4A-40), the household electric appliance further comprises a detecting
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`unit that detects the room temperature within a room in which the appliance is installed
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`and transmits results of the detection to the control unit (paragraph 0011-0012 and
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`0241-0256 “sense the temperature inside a site 1.04 and based on occupant
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`designated setting, activate the heating and/or air conditioning system or
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`systems to maintain a comfort level based on the occupants designated level of
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`comfort” and FIG. 1-4C), the control unit, in the case of detection by the detecting unit,
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`in the predetermined air- conditioning operation, that the room temperature is higher
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`than the upper-limit temperature, causes the drive unit to perform a cooling operation so
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`that the room temperature will be a first setting temperature that is lower by the
`
`predetermined temperature than the upper-limit temperature (paragraph 0311-0321
`
`and FIG. 1-4C “heating and cooling set points are set to 58.degree. and
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`85.degree., respectively”), and the control unit, in the case of detection by the
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`detecting unit, in the predetermined air- conditioning operation, that the room
`
`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
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`Page 5
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`temperature is lower than the lower-limit temperature, causes the drive unit to perform a
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`heating operation so that the room temperature will be a second setting temperature
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`that is higher by the predetermined temperature than the lower-limit temperature
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`(paragraph 0088-01 10, 031 1-0321 and FIG. 4A-4H and 1A-1C).
`
`As to claim 8, cancelled.
`
`A8 to claim 9, Cancelled.
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`As to claim 10, Ehlers teaches a household electric appliance (paragraph 0055
`
`“controls the central HVAC system”) comprising: a receiving unit that receives a
`
`setting signal to set a predetermined air-conditioning operation with an upper-limit
`
`temperature and a lower-limit temperature of a room temperature set (paragraph 0100
`
`“thermostat 4.18 within the control panel 4.10. The virtual thermostat 4.18
`
`contains an information section or display 4.20 and a plurality of thermostat
`
`buttons 4.22. The display section 4.20 includes information related to the actual
`
`or real time conditions at the site” and paragraph 0101-0103 and FIG. 4C, 1A-2B,
`
`0008-0010); a drive unit that drives an object to be driven to regulate the room
`
`temperature (paragraph 0086 “multi-speed fan. This fan is designed to operate a
`
`several speeds depending on its design and operates at a low speed setting when
`
`the heating process is active and at a high speed when the cooling process is
`
`active” and paragraph 0087-0088); a control unit that controls an action of the drive
`
`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
`
`Page 6
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`unit (paragraph 0010-0011 “controller is programmed to operate an environmental
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`system within the dwelling with at least two different set points for temperature
`
`and humidity” and paragraph 0088-0091, FIG. 1A-ZB, 4A-4C); and a detecting unit
`
`that detects the room temperature within a room in which the appliance is installed and
`
`transmits results of the detection to the control unit, wherein the control unit, in the case
`
`of reception of the setting signal to set the predetermined air- conditioning operation,
`
`controls the drive unit to perform the predetermined air-conditioning operation so that
`
`the room temperature will be the temperature within a temperature range that is lower
`
`by a predetermined temperature than the upper-limit temperature and that is higher by a
`
`predetermined temperature than the lower-limit temperature, in the predetermined air-
`
`conditioning operation (paragraph 0100 “heating and cooling set points are set to
`
`58.degree. F. and 85.degree. F. ” paragraph 0101 -01 11, FIG. 4A-40), and wherein
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`the control unit, in the predetermined air-conditioning operation, controls the drive unit
`
`so that the room temperature will be a first setting temperature that is lower by the
`
`predetermined temperature than the upper-limit temperature when an operation mode
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`of the appliance based on the setting signal is a cooling operation (paragraph 0311-
`
`0321 and FIG. 1-4C “heating and cooling set points are set to 58.degree. and
`
`85.degree., respectively”), and controls the drive unit so that the room temperature will
`
`be a second setting temperature that is higher by the predetermined temperature than
`
`the lower-limit temperature when the operation mode of the appliance based on the
`
`setting signal is a heating operation (paragraph 0088-0110 and FIG. 4A-4H and 1A-1 C).
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`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
`
`Page 7
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`As to claim 11, Ehlers teaches wherein the control unit, in the case of the
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`predetermined air-conditioning operation being set based on the setting signal during
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`the operation of the appliance, controls so that the operation mode in which the
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`appliance is operating will be continued and, as to the setting temperature, the
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`operation will be performed according to the upper-limit temperature and the lower-limit
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`temperature set with respect to the predetermined air- conditioning operation
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`(paragraph 0088-0110 and FIG. 4A-4H and 1A-1C).
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`As to claim 12, Ehlers teaches wherein the receiving unit receives the setting
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`signal to set the predetermined air- conditioning operation from a mobile terminal
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`(paragraph 0050-0052 and 0056).
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`As to claim 13, Ehlers teaches a household electric system comprising: the
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`household electric appliance of claim 12; and the mobile terminal that transmits the
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`setting signal to set the predetermined air- conditioning operation (paragraph 0056-
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`0058).
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`It is noted that any citations to specific, pages, columns, lines, or figures in
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`the prior art references and any interpretation of the reference should not be
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`considered to be limiting in any way. A reference is relevant for all it contains and
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`may be relied upon for all that it would have reasonably suggested to one having
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`ordinary skill in the art. See MPEP 2123.
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`

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`Application/Control Number: 15/432,508
`Art Unit: 2119
`
`Page 8
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`Conclusion
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`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(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 mailing date of this final action.
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`9.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to ZIAUL KARIM whose telephone number is (571 )270-
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`3279. The examiner can normally be reached on Monday-Thursday 8:00-4:00 PM EST.
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`lf attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Mohammad All can be reached on 571 272 4105. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`