www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/426,715
`
`07/29/2021
`
`David SLAGLEY
`
`25040-5941 (81361549)
`
`2349
`
`ver
`
`wl
`
`PKO.
`
`Eversheds Sutherland (US) LLP KO
`999 Peachtree Street NE
`Suite 2300
`Atlanta, GA 30309
`
`CARROLL, JEREMY W
`
`3754
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/14/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
`
`patentdocket @ eversheds-sutherland.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Applicant(s)
`Application No.
`SLAGLEYetal.
`17/426,715
`Advisory Action
`
`Before the Filing ofan Appeal Brief|Examiner Art Unit AIA (FITF) Status
`
`JEREMY W CARROLL
`3754
`Yes
`
`--The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`THE REPLYFILED 26 January 2023 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`NO NOTICE
`OF APPEAL FILED
`
`1.
`
`The reply wasfiled after a final rejection. No Notice of Appeal has been filed. To avoid abandonmentofthis application, applicant musttimely file
`one ofthe 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 befiled within one of
`the following time periods:
`The period for reply expires 3 months from the mailing date ofthe final rejection.
`a)
`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, whicheveris 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) Ola prior Advisory Action was mailed more than 3 monthsafter the mailing date of the final rejection in responsetoafirst 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
`the priorAdvisory Action or SIX MONTHS from the mailing date of the final rejection, whichever is earlier.
`Examiner Note: \f box 1
`is checked, check either box (a), (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(f).
`Extensionsof time may be obtained under 37 CFR 1.136(a). The date on whichthe petition under 37 CFR 1.136(a) and the appropriate
`extension fee have beenfiled is the date for purposes of determining the period of extension and the corresponding amountof 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
`setin the final Office action; or (2) as setforth in (b) or (c) above, if checked. Any reply received by the Office later than three monthsafter the
`mailing date of the final rejection, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`NOTICE OF APPEAL
`. A brief in compliance with 37 CFR 41.37 must befiled within two monthsofthe date offiling the Notice
`2. (] The Notice of Appeal wasfiled 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 beenfiled, any reply mustbefiled within the time period set forth in 37CFR 41.37(a).
`AMENDMENTS
`3. LJ The proposed amendmentsfiled after a final rejection, but prior to the date offiling a brief, will not be entered because
`a) 3 They raise new issues that would require further consideration and/or search (see NOTEbelow);
`b) OG They raise the issue of new matter (see NOTEbelow);
`Cc) | They are not deemedto place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; and/or
`d) 3 They present additional claims without canceling a corresponding numberoffinally rejected claims.
`NOTE:
`(See 37 CFR 1.116 and 41.33(a)).
`4. (.] The amendments are notin compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. Applicant's reply has overcomethefollowing rejection(s):
`6.0 Newly proposed or amended claim(s)
`would be allowable if submitted in a separate, timely filed amendment canceling the non-allowable
`claim(s).
`7. CJ For purposesof appeal, the proposed amendment(s):(a) L_] will not be entered, or (b) (| will be entered, and an explanation of how the
`new or amended claims would be rejected is provided below or appended.
`AFFIDAVIT OR OTHER EVIDENCE
`8.LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`9. [] Theaffidavit or other evidencefiled afterfinal action, but before or on the date offiling a Notice of Appealwill not be entered because applicant
`failed to provide a showing of good and sufficient reasons whythe affidavit or other evidence is necessary and wasnot earlier presented. See 37
`CFR 1.116(e).
`10. CJ The affidavit or other evidencefiled after the date of filing the Notice of Appeal, but prior to the date offiling a brief, will not be entered because
`the affidavit or other evidencefailed to overcome all rejections under appeal and/or appellant fails to provide a showing of good and sufficient
`reasons why it is necessary and wasnotearlier presented. See 37 CFR 41.33(d)(1).
`11. C] The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
`REQUEST FOR RECONSIDERATION/OTHER
`
`12.
`
`The request for reconsideration has been considered but does NOTplace the application in condition for allowance because:
`See Continuation Sheet.
`13. CJ Note the attached Information Disc/osure Statemeniks). (PTO/SB/08) Paper No(s).
`14. C) Other:
`;
`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) rejected:1-14.
`Claim(s) withdrawn from consideration:
`
`/Jeremy Carroll/
`Primary Examiner, Art Unit 3754
`U.S. Patent and Trademark Office
`PTOL-303 (Rev. 08-2013)
`
`Advisory Action Beforethe Filing of an Appeal Brief
`
`Paper No. 20230209
`
`

`

`Continuation Sheet (PTOL-303)
`
`Application No. 17/426,715
`
`Continuation of REQUEST FOR RECONSIDERATION/OTHER 12. The request for reconsideration has
`been considered but does NOTplacethe application in condition for allowance because: The applicants
`arguments on pages 5-7 are not persuasive specifically:
`The applicant argues "how canthe valve cover beboth the flow control body 24 and the supplemental
`circuit inlets 62, 64, 66, 68?" The valve cover is cited in the rejection on 11/02/2022 as element 24
`whereas "exiting the valve cover"is cited as being 62, 64, 66, 68.
`The applicants argument that "the on/off switches 41 are positioned upstream of the supplementalcircuit
`inlets 62, 64, 66, 68 of the flow control body..." is not persuasive as 41 are are on/off valves, see
`paragraph 30 and there is no recitation of "upstream"in claim 1.
`
`Regarding applicants 103 arguments: Applicant's argumentsfail to comply with 37 CFR 1.111(b) because
`they amount to a general allegation that the claims define a patentable invention without specifically
`pointing out how the language of the claims patentably distinguishes them from the references.
`
`