Level 3 Communications, LLCDownload PDFPatent Trials and Appeals BoardAug 4, 202014456823 - (D) (P.T.A.B. Aug. 4, 2020) 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. 14/456,823 08/11/2014 Cecil Sunder 0466-US-U1 5224 83579 7590 08/04/2020 LEVEL 3 COMMUNICATIONS, LLC Attn: Patent Docketing 1025 Eldorado Blvd. Broomfield, CO 80021 EXAMINER BYRD, UCHE SOWANDE ART UNIT PAPER NUMBER 3624 NOTIFICATION DATE DELIVERY MODE 08/04/2020 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): patent.docketing@centurylink.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte CECIL SUNDER, OPHIR RAHMANI, TARA RISSER, and DERICK K. ZINES Appeal 2019-005667 Application 14/456,823 Technology Center 3600 Before CAROLYN D. THOMAS, ADAM J. PYONIN, and PHILLIP A. BENNETT, Administrative Patent Judges. BENNETT, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1, 5–16, 21, and 22. Claims 2–4, 17– 20, 23, and 24 are cancelled. A telephonic oral hearing took place on July 7, 2020, and a copy of the transcript will be placed in the file in due course. We have jurisdiction under 35 U.S.C. § 6(b). 1 We use the word “Appellant” to refer to “applicant” as defined in 37 C.F.R. § 1.42(a). Appellant identifies the real party in interest as Level 3 Communications, LLC. Appeal Br. 3. Appeal 2019-005667 Application 14/456,823 2 We affirm. CLAIMED SUBJECT MATTER The claims are directed to systems and methods for quality order tracking. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A method for increasing order quality comprising: receiving an order for a product using at least one computing device; extracting information corresponding to critical order attributes from the order using the at least one computing device, the critical order attributes including technical data for provisioning the product; evaluating the information automatically using the at least one computing device according to a set of critical-to-quality rules relating at least to the technical data for provisioning the product; determining that the information is insufficient to meet the set of critical-to-quality rules; sending an electronic message to a separate computing device, the electronic message including an electronic link to permit correction of the information; receiving a response to the electronic message; extracting corrected information from the response using the at least one computing device; prior to releasing the order to provision the product, validating the corrected information automatically using the at least one computing device according to the set of critical-to- quality rules; and releasing, by the at least one computing device, the order to provision the product only when the corrected information satisfies the critical-to-quality rules. Appeal Br. 23 (Claims Appendix). Appeal 2019-005667 Application 14/456,823 3 REFERENCES The prior art relied upon by the Examiner is: Name Reference Date Race US 8,548,842 B1 Oct. 1, 2013 Enright US 2006/0106473 A1 May 18, 2006 Heinze US 2007/0226211 A1 Sept. 27, 2007 Gibson US 2010/0113072 A1 May 6, 2010 REJECTIONS Claims 1, 5–16, 21, and 22 stand rejected under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter. Final Act. 3–6. Claims 1, 5, 6, 21, and 22 stand rejected under 35 U.S.C. § 103 as being unpatentable over Enright, Race, and Gibson. Final Act. 7–21. Claims 7–16 stand rejected under 35 U.S.C. § 103 as being unpatentable over Enright, Race, Gibson, and Heinze. Final Act. 21–28. REJECTION UNDER 35 U.S.C. § 101 Standard for Patent Eligibility In issues involving subject matter eligibility, our inquiry focuses on whether the claims satisfy the two-step test set forth by the Supreme Court in Alice Corp. v. CLS Bank International, 573 U.S. 208 (2014). The Court instructs us to “first determine whether the claims at issue are directed to a patent-ineligible concept,” id. at 218, and, in this case, the inquiry centers on whether the claims are directed to an abstract idea. If the initial threshold is met, we then move to the second step, in which we “consider the elements of each claim both individually and ‘as an ordered combination’ to determine whether the additional elements ‘transform the nature of the claim’ into a Appeal 2019-005667 Application 14/456,823 4 patent-eligible application.” Id. at 217–18 (quoting Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 79, 78 (2012)). The Court describes the second step as a search for “an ‘“inventive concept”’—i.e., an element or combination of elements that is ‘sufficient to ensure that the patent in practice amounts to significantly more than a patent upon the [ineligible concept] itself.’” Id. (quoting Mayo, 566 U.S. at 72–73). The USPTO has published revised guidance on the application of § 101 consistent with Alice and subsequent Federal Circuit decisions. USPTO, 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019) (“Guidance”), updated by USPTO, October 2019 Update: Subject Matter Eligibility (available at https://www.uspto.gov/sites/ default/files/documents/peg_oct_2019_update.pdf) (“October 2019 Guidance Update”). Under the Guidance, we first look to whether the claim recites: (1) any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human activity such as a fundamental economic practice, or mental processes) (referred to Step 2A, prong 1 in the Guidance); and (2) additional elements that integrate the judicial exception into a practical application (see MPEP § 2106.05(a)–(c), (e)–(h)) (referred to Step 2A, prong 2 in the Guidance). See Guidance, 84 Fed. Reg. at 52–55. Only if a claim (1) recites a judicial exception and (2) does not integrate that exception into a practical application, do we then move to Step 2B of the Guidance. There, we look to whether the claim: (3) adds a specific limitation beyond the judicial exception that is not “well-understood, routine, conventional” in the field (see MPEP § 2106.05(d)); or Appeal 2019-005667 Application 14/456,823 5 (4) simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. See Guidance, 84 Fed. Reg. at 56. Examiner’s Findings and Conclusions2 The Examiner rejects claim 1 as being directed to a judicial exception without significantly more under the Guidance. Final Act. 3–6; Ans. 4–6. Under Step 2A, prong 1, the Examiner determines claim 1 recites a judicial exception. Ans. 4–5. The Examiner determines that the claims “are directed towards . . . increasing order quality” (Final Act. 3), which the Examiner characterizes as “methods related to commercial interactions relating behaviors and business relations, as well as, managing personal behavior or relationships or interactions between people” (Ans. 5) under the Guidance. Under Step 2A, prong 2, the Examiner determines the claims “are comprised of generic computer elements to perform an existing business process” (Ans. 5–6) and that the additional limitations “recite mere instructions to implement the abstract idea on a computer and uses the computer as a tool to perform the abstract idea without reciting any improvements to a technology, technological process or computer-related technology.” Ans. 6. 2 The Final Office Action was mailed prior to the Guidance. The Final Office Action applied the case-law-based approach from previous eligibility guidance in rejecting the claims under § 101. The Appeal Brief, Examiner’s Answer and Reply Brief were filed subsequent to the issuance of the Guidance. The Examiner’s Answer updated the rejection to incorporate the procedure set forth in the Guidance, and we refer primarily to the arguments as updated by those findings and conclusions in the Answer. Appeal 2019-005667 Application 14/456,823 6 Under Step 2B, the Examiner determines the additional claim elements are well-understood, routine and conventional. Ans. 5 (citing MPEP § 2106.05(d)). The Examiner finds “the claims . . . amount to nothing more than requiring a generic computer system.” Ans. 5 (citing Spec. ¶ 52). Appellant’s Contentions Appellant presents several arguments for eligibility. Appellant first argues “Appellant[] do[es] not concede that claim 1 is directed to organizing human activity or any other judicial exception.” Appeal Br. 12. Appellant argues that “claim 1 is directed to ‘a specific asserted improvement in computer capabilities,’” and asserts the claim compares favorably to Example 42 of the 2019 Guidance. Appeal Br. 12–13. Appellant further asserts that the functions recited in claim 1 integrate any recited judicial exception into a practical application because the claims “are directed to a specific improvement in efficient managing and programming computer systems to process and correct technical order information.” Reply Br. 3. Revised Guidance, Step 2A, Prong 1 The Judicial Exception Applying the Guidance, we are not persuaded the Examiner has erred in determining that the claims recite a judicial exception to patent eligible subject matter.3 The Guidance identifies three judicially-excepted groupings: (1) mathematical concepts, (2) certain methods of organizing human activity such as fundamental economic practices and commercial 3 Throughout this opinion, we give the claim limitations the broadest reasonable interpretation consistent with the Specification. See In re Morris, 127 F.3d 1048, 1054 (Fed. Cir. 1997). Appeal 2019-005667 Application 14/456,823 7 interactions (including . . . advertising, marketing or sales activities or behaviors; business relations), and (3) mental processes. We focus our analysis on the second grouping—certain methods of organizing human activity.4 We conclude the limitations of claim 1 recite a process of increasing order quality by checking the accuracy of order information prior to fulfilling the order, which is a commercial practice falling within the category of certain methods of organizing human activity under the Guidance. For example, claim 1 recites (1) “receiving . . . an order for a product,” and (2) “extracting information from the order,” (3) “evaluating the information,” (4) “determining that the information is insufficient,” (5) “sending [a] . . . message . . . to permit correction of the information,” (6) “receiving a response to the . . . message,” (7) “extracting corrected information from the response,” (8) “prior to releasing the order . . . validating the corrected information,” and (9) “releasing . . . the order to provision the product.” Appeal Br. 23 (Claims Appendix). These limitations all recite steps that would take place in connection with ordering a product from a supplier. For example, limitations (1)-(3) which generally recite receiving and evaluating order information, are typical of any ordering process. 4 Appellant’s arguments against the § 101 rejection are made to the claims generally. We treat claim 1 as representative. 37 C.F.R. § 41.37(c)(1)(iv) (2018) (“When multiple claims subject to the same ground of rejection are argued as a group or subgroup by Appellant, the Board may select a single claim from the group or subgroup and may decide the appeal as to the ground of rejection with respect to the group or subgroup on the basis of the selected claim alone.”). Appeal 2019-005667 Application 14/456,823 8 Limitations (4)–(9), which recite identifying insufficient ordering information, obtaining and verifying corrected information from the customer, and fulfilling the customer order also are operations typical of product ordering processes. We conclude the claimed process of increasing order quality, as set forth in claim 1, recites a judicial exception of a commercial interaction, which is a certain method of organizing human activity under the Guidance . . . , and therefore recites a commercial interaction of sales activity (a certain method of organizing human activity) under the Guidance.5 Revised Guidance, Step 2A, Prong 2 Integration of the Judicial Exception into a Practical Application Having determined that claim 1 recites a judicial exception, our analysis under the Guidance turns now to determining whether claim 1 recites any additional elements that integrate the judicial exception into a practical application. See Guidance, 84 Fed. Reg. at 54–55 (citing MPEP § 2106.05(a)–(c), (e)–(h)). Under the Guidance, limitations that are indicative of “integration into a practical application” include: 1. Improvements to the functioning of a computer, or to any other technology or technical field — see MPEP § 2106.05(a); 2. Applying the judicial exception with, or by use of, a particular machine — see MPEP § 2106.05(b); 5 Several of these limitations can also reasonably be characterized as a mental processes because they could be performed by a person in their mind with the aid of pen and paper. See October 2019 Guidance Update at 9 (“A claim that encompasses a human performing the step(s) mentally with the aid of a pen and paper recites a mental process”) (emphasis omitted). Appeal 2019-005667 Application 14/456,823 9 3. Effecting a transformation or reduction of a particular article to a different state or thing — see MPEP § 2106.05(c); and 4. Applying or using the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception — see MPEP § 2106.05(e). In contrast, limitations that are not indicative of “integration into a practical application” include: 1. Adding the words “apply it” (or an equivalent) with the judicial exception, or merely include instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea — see MPEP § 2106.05(f); 2. Adding insignificant extra-solution activity to the judicial exception — see MPEP § 2106.05(g); and 3. Generally linking the use of the judicial exception to a particular technological environment or field of use — see MPEP § 2106.05(h). See Guidance, 84 Fed. Reg. at 54–55 (“Prong 2”). As shown above, most of the claim limitations in claim 1 recite abstract ideas. Additional to those abstract limitations, claim 1 recites that various steps are performed “using at least one computing device.” Appeal Br. 23 (Claims Appendix). The mere recitation of a non-specific and generic computer is insufficient to integrate the recited judicial exception into a practical application. See MPEP 2106.05(f) (explaining that it is not indicative of integration into a practical application where the claims Appeal 2019-005667 Application 14/456,823 10 “merely include instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea”). Claim 1 additionally recites (a) the extracted order information includes “corresponding to critical order attributes . . . the critical order attributes including technical data for provisioning the product,” (b) that the information is evaluated “automatically . . . according to a set of critical-to- quality rules relating to at least the technical data,” (c) determining that the information is insufficient “to meet the set of critical-to-quality rules,” (d) “sending an electronic message to a separate computing device, the electronic message including an electronic link to permit correction of the information,” (e) “receiving a response to the electronic message,” (f) corrected information is validated “automatically . . . according to the set of critical-to-quality rules,” and (g) that the order is released “only when the corrected information satisfies the critical-to-quality rules.” These limitations do not integrate the abstract idea into a practical application because we do not discern in these limitations any improvements to the functioning of a computer, or to any other technology or technical field. MPEP § 2106.05(a). Limitation (a), which characterizes the specific information extracted from the order, merely confines the judicial exception to a specific environment and field of use. That is, the limitation specifies the type of order information that is extracted, but it does so in the context of implementing the abstract process of improving order quality. Generally linking the use of the judicial exception to a particular technological environment or field of use, however, is not indicative of integration into a practical application. MPEP § 2106.05(h). Limitations (b) and (c), which recite that an evaluation and determination of insufficiency of the extracted Appeal 2019-005667 Application 14/456,823 11 data is performed “automatically” and according to “a set of critical-to- quality rules,” similarly confine the judicial exception a particular environment or field of use. Although the evaluation is performed “automatically,” and according to “a set of critical-to-quality rules” there is no significant disclosure regarding how the evaluation occurs or how those rules are defined. See Spec. ¶ 37 (“An operation 210 automatically validates the information in the order relating to the critical attributes using the critical-to-quality rules. In one implementation, the critical-to-quality rules include one or more pass/fall rules.”); see also Spec., Fig. 2. These limitations also can be reasonably characterized as extra-solution activity, insufficient to integrate the abstract idea into a practical application. MPEP § 2106.05(f) (identifying “[s]electing a particular data source or type of data” as an example of extra-solution activity) (emphasis omitted). Limitations (d) and (e), which recite sending a notification message that the order information is insufficient and then receiving a response, do not integrate the judicial exception into a practical application because they also are extra-solution activity. Specifically, they recite data gathering operations which are used to carry out the order improvement process. MPEP § 2106.05(g) (“An example of pre-solution activity is a step of gathering data for use in a claimed process.”). Limitation (f), which recites that the corrected information is validated “automatically,” and according to the “critical-to-quality rules,” is also both a field of use (MPEP § 2106.05(h)) and extra-solution activity (MPEP § 2106.05(g)) for the same reasons as limitations (b) and (c) above. Limitation (g), which recites that the order is released “only when the corrected information satisfies the critical-to-quality rules,” is also a field of use limitation because it merely confines the Appeal 2019-005667 Application 14/456,823 12 fulfillment of the customer order (the judicial exception) to a specific scenario—when the corrected information is satisfactory. As we noted above, Appellant argues that “claim 1 is directed to ‘a specific asserted improvement in computer capabilities,’” and asserts the claim compares favorably to Example 42 of the 2019 Guidance. Appeal Br. 12–13. We disagree. Example 426 describes a scenario in which a claim integrates a judicial exception into a practical application because “the additional elements recite a specific improvement . . . by allowing remote users to share information in real time in a standardized format regardless of the format in which the information was input.” Thus, the integration of the judicial exception was based on a technical improvement to how information could be standardized when input in a non-standardized way. Claim 1 provides no similar improvement to how data is stored, converted, or output. Rather, the process recited in claim 1 merely invokes a computer as a tool for carrying out the process of increasing order quality by checking ordering information for errors. We also do not find persuasive Appellant’s argument that the functions recited in claim 1 integrate any recited judicial exception into a practical application because the claims “are directed to a specific improvement in efficient managing and programming computer systems to process and correct technical order information.” Reply Br. 3. Appellant does not explain how the claimed process improves how the computer 6 We note the Guidance states that “[t]he examples below are hypothetical and only intended to be illustrative of the claim analysis under the 2019 PEG.” Appeal 2019-005667 Application 14/456,823 13 operates, as opposed to improving the business process of ensuring accurate order information. In sum, whether viewed individually or as an ordered combination, the additional elements recited in claim 1 focus on improving the accuracy of order information to ensure delivery of an accurately configured product. Thus, purported improvement identified by Appellant is not to efficient managing and programming computer systems, but instead to order improvement, and, therefore, is not an improvement to technology. The recited process, at best, affects an improvement to the abstract idea itself. It is well-established, however, that improvements in the abstract idea are insufficient to confer eligibility on an otherwise ineligible claim. SAP Am. Inc. v. InvestPic, LLC, 898 F.3d 1161, 1168 (Fed. Cir. 2018). We conclude claim 1 is directed to a judicial exception under step 2A, prong 2, of the Guidance. The Inventive Concept – Step 2B Having determined the claim is directed to a judicial exception, we proceed to evaluating whether claim 1 adds a specific limitation beyond the judicial exception that is not “well-understood, routine, conventional” in the field (see MPEP § 2106.05(d)) or simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. See Guidance, 84 Fed. Reg. at 56. Our review of the Examiner’s rejection under Step 2B is guided by the Berkheimer Memorandum, which sets forth what fact finding requirements are applicable to rejections under § 101. Consistent with the Berkheimer Memorandum, we agree with the Examiner that claim 1 does not add Appeal 2019-005667 Application 14/456,823 14 specific limitations beyond what is well-understood, routine, and conventional. Our analysis focuses largely on the same limitations addressed in Step 2A, prong 2, above. The Examiner finds that the additional limitations are generic computer components and the remaining limitations are recited a high level of generality. Final Act. 4–5 (citing MPEP § 2106.05(d)(ii)). We agree. We first note that Appellant does not contest the Examiner’s findings and analysis under Step 2B. See, e.g., Appeal Br. 14 (concluding section 101 arguments at Step 2A, prong 2), Reply Br. 3 (same). Moreover, consistent with the Berkheimer Memorandum, the Examiner cited MPEP § 2106.05(d) as evidence of the well-understood, routine, and conventional nature of the additional limitations. Because the Examiner correctly concluded claim 1 is directed to a judicial exception, and because Appellant does not identify any error in the Examiner’s determination under step 2B of the Guidance, we sustain the rejection of representative claim 1 under 35 U.S.C. § 101, as well as of the remaining claims. REJECTIONS UNDER 35 U.S.C. § 103 The Examiner rejects claim 1 as obvious over the combined teachings of Enright, Race, and Gibson.7 Relevant here, the Examiner finds that Enright teaches a method of improving order quality including extracting and evaluating order information to determine that the order information is 7 Appellant argues the rejections under § 103 as a group, with claim 1 being representative. Our decision with respect to claim 1, therefore, is dispositive as to the remaining claims. Appeal 2019-005667 Application 14/456,823 15 insufficient to meet a set of critical-to-quality rules, and correcting the order information. Final Act. 7–8. The Examiner further finds that Race generally teaches validating order information, and releasing a product only when the information has been automatically validated according to the critical-to- quality rules. Final Act. 8–13. The Examiner finds that Enright and Race do not teach sending an electronic message with a link to permit correction of order information, but that Gibson teaches receiving and responding to text messages in order to permit updating an order. Final Act. 13–15. Appellant presents several arguments against the rejection, which we address in turn. First, Appellant argues the Examiner erred in finding Enright teaches “extracting information corresponding to critical order attributes from the order using the at least one computing device, the critical order attributes including technical data for provisioning the product.” Appeal Br. 15–16; Reply Br. 4–5. Second, Appellant argues the Examiner erred in finding the Race and Enright collectively teach “releasing, by the at least one computing device, the order to provision the product only when the corrected information satisfies the critical-to-quality rules.” Appeal Br. 16– 17, Reply Br. 7–8. Third, Appellant argues the Examiner erred in finding Gibson and Enright teach “sending an electronic message to a separate computing device, the electronic message including an electronic link to permit correction of the information.” Id. Appellant’s first argument is not persuasive because, as the Examiner explains, Enright describes extracting information, which contains information that consist of attribute data, which is processed for vendors that is used in ordering; Enright at 0360 discloses processing information base on its attributes. The definition of Appeal 2019-005667 Application 14/456,823 16 provisioning is the action of providing or supplying something for use, which is what Enright is disclosing that attribute data is being processed for uses by the vendors which coincides with the Applicant's spec[ification] at 0023, "critical order attributes necessary to complete the order may be missing or inadequate." Regarding, "technical data for provisioning the product", Enright at 0315 teaches the XML data is used for order processing. XML Data is technical data which is used in the MES Backbone system for creating products for order. (Enright at 0009, 0121, and 0210). Therefore, Enright teaches technical data for provisioning the product. Ans. 7. Appellant’s argument is not commensurate with the broad scope of the argued limitation. We also do not find persuasive Appellant’s second argument that the prior art fails to teach “releasing, by the at least one computing device, the order to provision the product only when the corrected information satisfies the critical-to-quality rules.” Appellant asserts that Race cannot teach this limitation because it does not deal with “corrected information.” However, the Examiner relies on Enright, and not Race as providing the recited “corrected information.” Thus, Appellant argues the references separately, when the rejection is based on their combined teachings. Appellant’s third argument is not persuasive for similar reasons. Appellant argues that Gibson is deficient because it does not teach any corrected information. However, as the Examiner explains: Enright at 0105, 0209 teaches corrected information for ordering and Enright at 0006, 0163, 0201 quality and quality control. Then, Gibson at 0108, 0147–0150, 0159 describes receiving and responding to text messages of several devices for permitting the updating of an order. Gibson, also teaches extracting data in response to the user's interaction with the link in the message so that the order update can be executed. Therefore Enright in view of Gibson teaches this limitation and Appeal 2019-005667 Application 14/456,823 17 it would have been obvious to combine the ordering of Enright with the communication of quality control and corrected information of Gibson. Ans. 10. Because we do not find Appellant’s arguments persuasive of Examiner error, we sustain the rejection of claim 1 under 35 U.S.C. § 103. CONCLUSION We affirm the Examiner’s rejections. More specifically, We affirm the rejection of claims 1, 5–16, 21, and 22 under 35 U.S.C. § 101 as being directed to patent-ineligible subject matter. We affirm the rejection of claims 1, 5, 6, 21, and 22 under 35 U.S.C. § 103 as being unpatentable over Enright, Race, and Gibson. We affirm the rejection of claims 7–16 under 35 U.S.C. § 103 as being unpatentable over Enright, Race, Gibson, and Heinze. DECISION SUMMARY Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1, 5–16, 21, 22 101 Eligibility 1, 5–16, 21, 22 1, 5, 6, 21, 22 103 Enright, Race, Gibson 1, 5, 6, 21, 22 7–16 103 Enright, Race, Gibson, Heinze 7–16 Overall Outcome 1, 5–16, 21, 22 Appeal 2019-005667 Application 14/456,823 18 TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED Copy with citationCopy as parenthetical citation