Ex Parte Kluesing et alDownload PDFPatent Trial and Appeal BoardNov 15, 201714109733 (P.T.A.B. Nov. 15, 2017) Copy Citation United States Patent and Trademark Office UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O.Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 14/109,733 12/17/2013 Daniel Kluesing 085118-523322_P243US 1 1040 78189 7590 11/17/2017 Dropbox c/o Polsinelli PC Three Embarcadero Center, Suite 2400 San Francisco, CA 94111 EXAMINER NAGHDALI, KHALIL ART UNIT PAPER NUMBER 2438 NOTIFICATION DATE DELIVERY MODE 11/17/2017 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): DropboxM ail @ Polsinelli. com adrury@polsinelli.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte DANIEL KLUESING and LARS FJELDSOE-NIELSEN Appeal 2017-003634 Application 14/109,7331 Technology Center 2400 Before ERIC S. FRAHM, LARRY J. HUME, and JAMES W. DEJMEK, Administrative Patent Judges. HUME, Administrative Patent Judge. DECISION ON APPEAL This is a decision on appeal under 35 U.S.C. § 134(a) of the Final Rejection of claims 1—20, which are all claims pending in the application. We have jurisdiction under 35 U.S.C. § 6(b). We AFFIRM. 1 According to Appellants, the real party in interest is Dropbox, Inc. App. Br. 3. Appeal 2017-003634 Application 14/109,733 STATEMENT OF THE CASE2 The Invention Appellants' disclosed embodiments and claimed invention relate "to content management systems, and more specifically pertain[] to creating limited-functionality accounts for content management systems." Spec. 11. Exemplary Claim Claim 1, reproduced below, is representative of the subject matter on appeal (emphases and formatting added to contested limitations): 1. A computer-implemented method comprising: detecting a predetermined event in an electronic device; and automatically creating, in response to the detection of the predetermined event, a limited functionality user account, for a synchronized content management system, linked to the electronic device based on a unique identifier of the electronic device, wherein the limited functionality user account enables interactions with the synchronized content management system without authenticating with login credentials, the limited-functionality user account having one or more restrictions for interacting with the synchronized content management system that are determined based on a type of identifier associated with the unique identifier, 2 Our decision relies upon Appellants' Appeal Brief ("App. Br.," filed Sept. 26, 2016); Reply Brief ("Reply Br.," filed Jan. 4, 2017); Examiner's Answer ("Ans.," mailed Nov. 4, 2016); Final Office Action ("Final Act.," mailed Apr. 7, 2016); and the original Specification ("Spec.," filed Dec. 17, 2013). 2 Appeal 2017-003634 Application 14/109,733 wherein the limited-functionality user account allows content to be uploaded to the synchronized content management system without login credentials. Prior Art The Examiner relies upon the following prior art as evidence in rejecting the claims on appeal: Chen US 2012/0324002 A1 Dec. 20, 2012 Akella et al. ("Akella") US 2013/0219176 A1 Aug. 22, 2013 Sundaram et al. ("Sundaram") US 8,762,512 B1 June 24, 2014 Rejections on Appeal Rl. Claims 14, 15, and 20 stand rejected under 35 U.S.C. § 112(a) as lacking written description support. Final Act. 3.3 R2. Claims 1—9, 11—14, and 16—19 stand rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Akella and Sundaram. Final Act. 5. R3. Claims 10, 15, and 20 stand rejected under 35 U.S.C. § 103 as being unpatentable over the combination of Akella, Sundaram, and Chen. Final Act. 19. 3 "The applicant acknowledges the rejection of claims 1, 6—11, 14, 15, 19, and 20 under 35 U.S.C. 112[(a)] and partially cure[s] the rejection (claims 1, 6—11, and 19 are amended that cure the rejection) and does not cure the rejection by amending the claims (claims 14-15 and 20) appropriately. The Examiner maintains the rejection of claims 14-15 and 20 under 35 U.S.C. 112[(a)]." Final Act. 3 ("Response to Arsuments'j. 3 Appeal 2017-003634 Application 14/109,733 CLAIM GROUPING We summarily affirm Rejection R1 of claims 14, 15, and 20 under 35 U.S.C. § 112(a), infra. Based on Appellants' arguments (App. Br. 4—18), we decide the appeal of obviousness Rejection R2 of claims 1, 6—9, 11—14, and 16—19 on the basis of representative claim 1. We address Rejection R2 of each of separately argued claims 2—5, infra. Remaining claims 10, 15, and 20 in Rejection R3, not argued separately or with specificity, stand or fall with the respective independent claim from which they depend.4 ISSUES AND ANALYSIS In reaching this decision, we consider all evidence presented and all arguments actually made by Appellants. We do not consider arguments Appellants could have made but chose not to make in the Briefs, and we deem any such arguments waived. 37 C.F.R. § 41.37(c)(l)(iv). We disagree with Appellants' arguments with respect to claims 1—20 and, unless otherwise noted, we incorporate by reference herein and adopt as our own: (1) the findings and reasons set forth by the Examiner in the action from which this appeal is taken, and (2) the reasons and rebuttals set forth in the Examiner's Answer in response to Appellants' arguments. We highlight 4 "Notwithstanding any other provision of this paragraph, the failure of appellant to separately argue claims which appellant has grouped together shall constitute a waiver of any argument that the Board must consider the patentability of any grouped claim separately." 37 C.F.R. § 41.37(c)(l)(iv). In addition, when Appellants do not separately argue the patentability of dependent claims, the claims stand or fall with the claims from which they depend. In re King, 801 F.2d 1324, 1325 (Fed. Cir. 1986). 4 Appeal 2017-003634 Application 14/109,733 and address specific findings and arguments regarding claims 1—4 for emphasis as follows. 1. $ 112(a) Written Description Rejection R1 of Claims 14, 15, and 20 Issue 1 Did the Examiner err in finding claims 14, 15, and 20 lack written description support for the recitation of a (or the) "two-way synchronized content management system?" Analysis Appellants do not address or even acknowledge the outstanding written description Rejection R1 of claims 14, 15, and 20 in the Appeal Brief, notwithstanding previous amendment by Appellants to claims 1, 6—11, and 19 to overcome the rejection. See Final Act. 3. Accordingly, we summarily affirm the Examiner's written description Rejection R1 of claims 14, 15, and 20.5 2. $ 103 Rejection R2 of Claims E 6—9, 11—14, and 16—19 Issue 2 Appellants argue (App. Br. 4—13; Reply Br. 3—15) the Examiner's rejection of claim 1 under 35 U.S.C. § 103 as being obvious over the combination of Akella and Sundaram is in error. These contentions present us with the following issue: 5 In the event of further prosecution, we invite the Examiner's attention to the recitation of"the two-way synchronized content management system" in claim 14, depending from claim 11 (emphasis added), which appears to lack antecedent basis under 35 U.S.C. § 112(b). 5 Appeal 2017-003634 Application 14/109,733 Did the Examiner err in finding the cited prior art combination teaches or suggests "[a] computer-implemented method" that includes, inter alia, the step of "automatically creating ... a limited functionality user account. . . linked to the electronic device based on a unique identifier of the electronic device," wherein "the limited functionality user account enables interactions with the synchronized content management system without authenticating with login credentials," and wherein "the limited-functionality user account allows content to be uploaded to the synchronized content management system without login credentials," as recited in claim 1 (emphasis added)? Analysis Our Decision in this Appeal turns, at least in pertinent part, on the construction of the phrase "login credentials." We note, while Appellants do not argue any specific definition of the phrase, the Specification distinguishes between "user credentials," "unique identifiers," and "security tokens," among other elements, i.e., "[c]ontent management system 106 can also include authenticator module 126, which can verify user credentials, unique identifiers (e.g. phone numbers, hardware identifiers, MAC addresses, etc) security tokens, API calls, specific client devices, and so forth, to ensure only authorized clients and users can access files." Spec. 136 (emphases added). Thus, we find "user credentials" to be equivalent to the recited "login credentials," and further find unique hardware identifiers and security tokens are different from user or login credentials. Appellants contend, "Akella unambiguously provides that users must authenticate with credentials in order to use the Averail customer account." 6 Appeal 2017-003634 Application 14/109,733 App. Br. 6 (citing Akella, Figs. 25A-B, 26, and 27; 49, 50, 59, 70, 73, and 339). Appellants further allege: In Akella, the user uses the Averail customer account to log in and authenticate with login credentials to the system, and obtain a particular identity configured to implement specific policies .... Akella unambiguously provides that users must authenticate with credentials in order to use the Averail customer account. App. Br. 6 (citing Akella, Figs. 25A, 25B, 26, 27; ff 49, 50, 59, 70, 73, and 339). With respect to the teachings and suggestions of Sundaram, Appellants similarly contend: The cited portion of Sundaram provides in full: "The SSO system can allow a user 101, 171 to login to a corresponding local Enterprise network 103, 104 using a single set of credentials and have access, according to access policies, to the cloud services 132 provided by the clouds 150, 155 without having to individually login to each cloud service 132." (Emphasis added) As illustrated above, the cited portion of Sundaram discloses a single sign-on system (SSO system) that requires a user to log in with login credentials in order to obtain access to the user's account. First, Appellant notes that the cited portion of Sundaram merely describes a mechanism to log in to a system, and fails to disclose or suggest uploading content using an account or any other interactions using an account. Moreover, Appellant notes that Sundaram actually teaches the exact opposite of claim 1, as it clearly requires the user to log in with a set of credentials to even use the system or access the account. App. Br. 7 (citing Sundaram, col. 4,11. 6—32) (emphases added). 7 Appeal 2017-003634 Application 14/109,733 Appellants allege "the combination of Akella and Sundaram fails to disclose or suggest these features of claim 1 and, actually teaches away from these features," in further response to the Examiner's reliance upon: (1) Akella as teaching or suggesting " nable[ing] interactions with the synchronized content management system without authenticating with login credentials" (Final Act. 10, citing Akella 1266), and (2) Sundaram as teaching or suggesting "allow[ing] content to be uploaded to the synchronized content management system without login credentials" (Final Act. 11, citing Sundaram, col. 4,11. 6—32). App. Br 6. The Examiner cites to Akella's use, in an embodiment (Akella Fig. 25; 1266), of Security Assertion Markup Fanguage (SAME) tokens teaching or suggesting uploading of content "without login credentials," as claimed (Final Act. 10; see also Ans. 3), and relies upon an embodiment in Sundaram (col. 4,11. 6—32) as teaching or suggesting that authentication with login credentials is not required to carry out the variously claimed functionality of claim 1, i.e., by use of similar SAME techniques. Final Act. 11; see also Ans. 3. "A reference may be said to teach away when a person of ordinary skill, upon reading the reference, would be discouraged from following the path set out in the reference, or would be led in a direction divergent from the path that was taken by the applicant." Ricoh Co., Ltd. v. Quanta Computer, Inc., 550 F.3d 1325, 1332 (Fed. Cir. 2008) (citations omitted). A reference does not teach away if it merely expresses a general preference for an alternative invention from amongst options available to the ordinarily skilled artisan, and the reference does not discredit or discourage 8 Appeal 2017-003634 Application 14/109,733 investigation into the invention claimed. In re Fulton, 391 F.3d 1195, 1201 (Fed. Cir. 2004). We find one of ordinary skill in the art would have understood Akella's and Sundaram's disclosed single-sign on (SSO) techniques are merely alternative embodiments to the use of Appellants' unclaimed but disclosed use of "security tokens." We further note Appellants have differentiated the use of login credentials from alternative embodiment such as found in Akella and Sundaram in which SAML tokens and cookies are used. See Spec. 136; and see Akella Fig. 25A, event 9 ("credentials could be usemame/password or [alternatively] SAML token + Cookies") (emphasis added); 1266 ("The Proxy QA then authenticates with SharePoint using credentials comprising either user name and password or a Security Assertion Markup Language (SAML) token received from an identity provider") (emphasis added). The Examiner makes further findings regarding the recitation in claim 1 of "automatically creating, in response to the detection of the predetermined event, a limited functionality user account, for a synchronized content management system, linked to the electronic device based on a unique identifier of the electronic device." Final Act. 6 (citing Akella H 58, 69, 144, 239, and 241). We agree with the Examiner's findings, and do not find Appellants' arguments (App. Br. 12—13) to be persuasive. We are not persuaded because Akella "discloses restriction on access to iCloud from Averail mobile application which is based on [the] type of the identifier associated with the unique identifier (mobile phone)." Ans. 4 (citing Akella 1121). 9 Appeal 2017-003634 Application 14/109,733 Therefore, based upon the findings above, on this record, we are not persuaded of error in the Examiner's reliance on the cited prior art combination to teach or suggest the disputed limitations of claim 1, such that we sustain the Examiner's obviousness rejection of independent claim 1, and grouped claims 6—9, 11—14, and 16—19 which fall therewith. See Claim Grouping, supra. 3. $103 Rejection R2 of Claim 2 Issue 3 Appellants argue (App. Br. 13—15; Reply Br. 15—18) the Examiner's rejection of claim 2 under 35 U.S.C. § 103 as being obvious over the combination of Akella and Sundaram is in error. These contentions present us with the following issue: Did the Examiner err in finding the cited prior art combination teaches or suggests the computer-implemented method of claim 1, further including the steps of "receiving user data identifying a user of the electronic device, the user data comprising login credentials" and "converting the limited functionality user account to a full-functionality user account," as recited in claim 2? Analysis Appellants generally contend the combination of Akella and Sundaram "fail to even address these features of claim 2," and particularly allege Akella, cited by the Examiner in the rejection, is deficient in its teachings. App. Br. 13. "Akella still fails to disclose converting either the User Principal identity for an account or the account associated with the User Principal identity from a limited-functionality user account to full- 10 Appeal 2017-003634 Application 14/109,733 functionality, or otherwise modifying an account's functionality in any manner. At most, Akella discloses applying an identity to a user account, irrespective of any conversions of the functional characteristics of the user account." App. Br. 14. In the Final Action, the Examiner finds Akella teaches or suggests the "user first initiate[s] or triggers] access to Averail as [an] Averail Customer, upon initiation according to User Identity in Averail Customer Account, it becomes ... [a] User principal (full-functionality).... 'The identity model includes the user's Averail identity and credentials, the user's associated device(s) unique identifier(s), and user identity and credentials for each federated storage domain (user data identifying a user of the electronic device).'" Final Act. 12, citing Akella, Figs. 1, 2A, 25A; || 263—265; quoting Akella | 59. In response to Appellants' arguments cited above, the Examiner finds Akella at paragraph 69 discloses: Averail uses a customer account owner to create an Averail customer account and then creates user or user principal within that Averail account, as shown in FIG. 1 as devices such as Tablet, Smart Phone, ... are identified as account owners based on unique identifier of the electronic devices, then creates an Averail customer account (based on electronic device identifier) then for full functionality account creates user principal account which is disclosed in detail in FIG. 2A—FIG. 2D and associated text. Ans. 3^4. We agree with Examiner's findings quoted above that Akella teaches or at least suggests the recited "converting the limited functionality user account to a full-functionality user account." We further agree with the 11 Appeal 2017-003634 Application 14/109,733 Examiner's findings that Akella teaches or suggests the contested "receiving" step by Akella's disclosed identity model and its associated identity and credentials. Therefore, based upon the findings above, on this record, we are not persuaded of error in the Examiner's reliance on the cited prior art combination to teach or suggest the disputed limitations of claim 2 or in the legal conclusion of obviousness, and we sustain the Examiner's obviousness rejection of dependent claim 2. 4. $103 Rejection R2 of Claim 3 Issue 4 Appellants argue (App. Br. 15—16; Reply Br. 18—20) the Examiner's rejection of claim 3 under 35 U.S.C. § 103 as being obvious over the combination of Akella and Sundaram is in error. These contentions present us with the following issue: Did the Examiner err in finding the cited prior art combination teaches or suggests the computer-implemented method of claim 1, further including the steps of "receiving, from the electronic device, login credentials associated with an existing full functionality user account, wherein the existing full-functionality user account does not have one or more restrictions of the limited-functionality user account," and "merging the limited-functionality user account into the existing full-functionality user account, thereby removing the one or more restrictions," as recited in claim 3? 12 Appeal 2017-003634 Application 14/109,733 Analysis Similar to the rejection of claim 1, Appellants contend Akella does not teach or suggest both a limited functionality user account and a full- functionality user account, and further alleges "nowhere does Akella even suggest merging a limited-functionality user account into an existing full- fimctionality user account and thereby removing the one or more restrictions associated with the limited functionality user account." App. Br. 15. We find the above-quoted argument to be substantially the same as for dependent claim 2, with the exception that claim 3 also requires, after merging of the accounts, "removing the one or more restrictions [of the limited-functionality account]." In response, the Examiner finds paragraph 72 of Akella discloses: a user principal's identity where each user is represented with an Apple ID that is also associated with device as part of iOS initial ID, Averail enables a user principal to associate an Apple ID with a federated Averail identity for access iCloud which merge the limited-functionality to full-functionality where by direct path there is no access from mobile to iCloud. Ans. 4—5. We note Appellants have not cited to a definition of either "full- fimctionality' or "limited-functionality" in the Specification that would preclude the Examiner's broader reading, as quoted above.6 Id. 6 Any special meaning assigned to a term "must be sufficiently clear in the specification that any departure from common usage would be so understood by a person of experience in the field of the invention." Multiform Desiccants Inc. v. Medzam Ltd., 133 F.3d 1473, 1477 (Fed. Cir. 1998); see also Helmsderfer v. Bobrick Washroom Equip., Inc., 527 F.3d 1379, 1381 (Fed. Cir. 2008) ("A patentee may act as its own lexicographer and assign to 13 Appeal 2017-003634 Application 14/109,733 Therefore, based upon the findings above, on this record, we are not persuaded of error in the Examiner's reliance on the cited prior art combination to teach or suggest the disputed limitations of claim 3 or in the legal conclusion of obviousness, such that we sustain the Examiner's obviousness rejection of dependent claim 3. 5. $103 Rejection R2 of Claim 4 Issue 5 Appellants argue (App. Br. 16—17; Reply Br. 20-22) the Examiner's rejection of claim 4 under 35 U.S.C. § 103 as being obvious over the combination of Akella and Sundaram is in error. These contentions present us with the following issue: Did the Examiner err in finding the cited prior art combination teaches or suggests the computer-implemented method of claim 1, wherein "the type of identifier associated with the unique identifier is one of a hardware identifier associated with the electronic device, a media access control (MAC) address, or a phone number associated with the electronic device," and "at least one of a restriction type or restriction number of the one or more restrictions is different when the type of identifier is the phone number than when the type of identifier is the hardware identifier or the media access control address," as recited in claim 4 (emphases added)? a term a unique definition that is different from its ordinary and customary meaning; however, a patentee must clearly express that intent in the written description."). 14 Appeal 2017-003634 Application 14/109,733 Analysis Appellants contend the portions of Akella cited by the Examiner (i.e., paragraphs 338 and 339) "merely disclose a unique identifier for a device and querying a device for a device name, iOS and build version, model name and number, capacity and space available, and network information." App. Br. 16—17. Appellants further contend "[n]owhere do these paragraphs suggest that the restriction type or number of the one or more restrictions is different when the type of identifier is the phone number than when the type of identifier is the hardware identifier or the media access control address .... merely querying relevant device information is irrespective of the type or number of restrictions for that device." App. Br. 17. In response, the Examiner finds Akella Figure 21 (item 2200) and paragraph 241 disclose multiple, different policies implemented depending upon a hierarchical policy flowchart, e.g., phone or device policies implemented in Fig. 21, step 2200, contrasted to "Additional User/Group Policies" in Fig. 21, step 2300. Consistent with the Examiner's findings (Ans. 5), we find "Additional Phone/Device Policies" in step 2200 teaches or at least suggests different types of restrictions when the type of identifier is the phone number than when the type of identifier is the hardware identifier, under the broadest reasonable interpretation of the disputed claim limitation. Furthermore, although we disagree with the Examiner's specific finding regarding the recited MAC address (claim 4) reading on the Macintosh computer platform disclosed in Akella paragraph 369 (see Final 15 Appeal 2017-003634 Application 14/109,733 Act. 14; and see Ans. 5),7 we conclude, as a matter of claim construction, this error is inconsequential to our ultimate determination of obviousness because of the alternative language recited in the claim, i.e., "the type of identifier ... is one of a hardware identifier ... a media access control (MAC) address, or a phone number." Claim 4 (emphasis added to alternative language). We agree with the Examiner that Akella teaches or at least suggests the type of identifier is a hardware identifier. Final Act. 14, citing Akella 1338 ("The identity component of an embodiment includes unique device identifiers for each of the one or more mobile devices). Therefore, based upon the findings above, on this record, we are not persuaded of error in the Examiner's reliance on the cited prior art combination to teach or suggest the disputed limitations of claim 4 or in the legal conclusion of obviousness, such that we sustain the Examiner's obviousness rejection of dependent claim 4. 6. $103 Rejection R2 of Claim 5 Issue 6 Appellants argue (App. Br. 17—18; Reply Br. 23—24) the Examiner's rejection of claim 5 under 35 U.S.C. § 103 as being obvious over the combination of Akella and Sundaram is in error. These contentions present us with the following issue: Did the Examiner err in finding the cited prior art combination teaches or suggests the computer-implemented method of claim 1, wherein "the 7 Appellants rebut the Examiner's findings in this regard. See Reply Br. 21-22. 16 Appeal 2017-003634 Application 14/109,733 limited-functionality user account is created without login credentials and is not associated with any login credentials at the synchronized content management system," as recited in claim 5? Analysis Appellants argue the Examiner's citation (Final Act. 14—15) to data plan and control plane communications paths has "no relation to whether a user account is created or associated with login credentials . . . [and it] is unclear why or how the references to a control plan and data plane for network communications is considered relevant by the Examiner." App. Br. 17-18. While we appreciate Appellants' argument, we note Akella Figure 3 (an "ACXS implemented control plane") and paragraph 62 teaches "direct access 360 and operations on the content from mobile device itself happens directly between the Averail application on mobile device and storage domain services." In agreement with the Examiner, we find this teaches or at least suggests a limited functionality user account that "is not associated with any login credentials at the synchronized content management system." We further reiterate our analysis with respect to Issue 2 in connection with Rejection R2 of claim 1, supra, in which we find the combination of Akella and Sundaram teaches or suggests "the limited-functionality user account is created without login credentials." Therefore, based upon the findings above, on this record, we are not persuaded of error in the Examiner's reliance on the cited prior art combination to teach or suggest the disputed limitations of claim 5 or in the 17 Appeal 2017-003634 Application 14/109,733 Examiner's legal conclusion of obviousness, such that we sustain the Examiner's obviousness rejection of dependent claim 5. 7. Rejection R3 of Claims 10, 15, and 20 In view of the lack of any substantive or separate arguments directed to obviousness Rejection R3 of claims 10, 15, and 20 under § 103 (see App. Br. 18), we sustain the Examiner's rejection of these claims. Arguments not made are waived.8 REPLY BRIEF To the extent Appellants may advance new arguments in the Reply Brief (Reply Br. 2—24) not in response to a shift in the Examiner's position in the Answer, we note arguments raised in a Reply Brief that were not raised in the Appeal Brief or are not responsive to arguments raised in the Examiner’s Answer will not be considered except for good cause (see 37 C.F.R. § 41.41(b)(2)), which Appellants have not shown. CONCLUSIONS (1) The Examiner did not err with respect to written description Rejection R1 of claims 14, 15, and 20 under 35 U.S.C. § 112(a), and we summarily sustain the rejection. (2) The Examiner did not err with respect to obviousness Rejections R2 and R3 of claims 1—20 under 35 U.S.C. § 103 over the cited prior art combinations of record, and we sustain the rejections. 8 Appellants merely argue, "for at least the reasons mentioned above with respect to claims 1,11, and 16, each of these dependent claims is also patentable over the cited prior art." App. Br. 18. 18 Appeal 2017-003634 Application 14/109,733 DECISION We summarily affirm the Examiner’s decision rejecting claims 14, 15, and 20 under 35 U.S.C. § 112(a). We affirm the Examiner's decision rejecting claims 1—20 under 35 U.S.C. § 103. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(l)(iv). See 37 C.F.R. § 41.50(f). AFFIRMED 19 Copy with citationCopy as parenthetical citation