Siemens AktiengesellschaftDownload PDFPatent Trials and Appeals BoardJul 24, 20202019003024 (P.T.A.B. Jul. 24, 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. 14/761,075 07/15/2015 Derrick Southerland 2012P26822WOUS 2467 28524 7590 07/24/2020 SIEMENS CORPORATION INTELLECTUAL PROPERTY DEPARTMENT 3501 Quadrangle Blvd Ste 230 Orlando, FL 32817 EXAMINER JOHANSEN, JOHN E ART UNIT PAPER NUMBER 2127 NOTIFICATION DATE DELIVERY MODE 07/24/2020 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): ipdadmin.us@siemens.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte DERRICK SOUTHERLAND, YI DONG, RYAN KINGSLEY, and JAMES W. CORNETT Appeal 2019-003024 Application 14/761,075 Technology Center 2100 Before JOSEPH L. DIXON, MAHSHID D. SAADAT, and BRIAN D. RANGE, Administrative Patent Judges. SAADAT, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), Appellant1 appeals from the Examiner’s decision to reject claims 1–4, 6–17, and 19, which are all the claims pending in this application. We have jurisdiction under 35 U.S.C. § 6(b). We affirm. 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 Siemens Aktiengesellschaft. Appeal Br. 1. Appeal 2019-003024 Application 14/761,075 2 STATEMENT OF THE CASE Introduction Appellant’s disclosure relates to “simulating a programmable logic controller (PLC)” and “a graphic user interface for the user to configure a sequence of changes in input values.” Spec ¶¶ 1, 5. Claim 1, reproduced below, is illustrative of the claimed subject matter: 1. A method for automated input simulation in simulating a programmable logic controller (PLC), the PLC being connected with sensors and actuators which communicate with or are field devices for controlling an industrial machine or process, the method comprising: generating, on a display, a graphical user interface with sensor and set point input options including a sensor measurement relating to the PLC being simulated; receiving, with a processor, a sequence of set points, sensor readings, or set points and sensor readings from the input options of the graphical user interface including a value of the sensor measurement of the PLC being simulated, the sequence including timing; simulating, with the processor, operation of the programmable logic controller as a function of the sequence, the operation simulated in real-time; and displaying, on the display, an indication of the operation m real-time during the simulating. Appeal Br. 8 (Claims App.). References The prior art relied upon by the Examiner is: Name Reference Date Rule US 2005/0256591 A1 Nov. 17, 2005 Breidford US 7,544,506 B2 June 9, 2009 Wang US 2012/0022849 A1 Jan. 26, 2012 Appeal 2019-003024 Application 14/761,075 3 Son et al., Automatic simulation model generation for simulation- based, real-time shop floor control, University of Arizona, Computers in Industry 45 (2001) 291-308, pp. 291–308. Stefanovic et al., A LabVIEW-Based Remote Laboratory Experiments for Control Engineering Education, University of Kragujevac, Serbia, received 21 October 2008; accepted 2 February 2009, pp. 1–14. Rejections 1. Claims 1–4, 6–17, and 19 stand rejected under 35 U.S.C. § 101 as directed to a judicial exception to patentable subject matter without significantly more. Final Act. 6–10. 2. Claims 1, 2, 4, 6, 7, 9–12, 14–17, and 19 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Wang, Breidford, and Son. Final Act. 11–20. 3. Claims 3 and 8 stand rejected under 35 U.S.C. § 103(a) as unpatentable over Wang, Breidford, Son, and Rule. Final Act. 20–23. 4. Claim 13 stands rejected under 35 U.S.C. § 103(a) as unpatentable over Wang, Breidford, Son, and Stefanovic. Final Act. 23–25. OPINION 35 U.S.C. § 101 REJECTION Legal Principles An invention is patent-eligible if it claims a “new and useful process, machine, manufacture, or composition of matter.” 35 U.S.C. § 101. However, the Supreme Court has long interpreted 35 U.S.C. § 101 to include implicit exceptions: “[l]aws of nature, natural phenomena, and abstract Appeal 2019-003024 Application 14/761,075 4 ideas” are not patentable. E.g., Alice Corp. v. CLS Bank Int’l, 573 U.S. 208, 216 (2014). In determining whether a claim falls within an excluded category, we are guided by the Supreme Court’s two-step framework, described in Mayo and Alice. Alice, 573 U.S. at 217–18 (citing Mayo Collaborative Servs. v. Prometheus Labs., Inc., 566 U.S. 66, 75–77 (2012)). In accordance with that framework, we first determine what concept the claim is “directed to.” See Alice, 573 U.S. at 219 (“On their face, the claims before us are drawn to the concept of intermediated settlement, i.e., the use of a third party to mitigate settlement risk.”); see also Bilski v. Kappos, 561 U.S. 593, 611 (2010) (“Claims 1 and 4 in petitioners’ application explain the basic concept of hedging, or protecting against risk.”). Concepts determined to be abstract ideas, and thus patent ineligible, include certain methods of organizing human activity, such as fundamental economic practices (Alice, 573 U.S. at 219–20; Bilski, 561 U.S. at 611); mathematical formulas (Parker v. Flook, 437 U.S. 584, 594–95 (1978)); and mental processes (Gottschalk v. Benson, 409 U.S. 63, 67 (1972)). Concepts determined to be patent eligible include physical and chemical processes, such as “molding rubber products” (Diamond v. Diehr, 450 U.S. 175, 191 (1981)); “tanning, dyeing, making water-proof cloth, vulcanizing India rubber, smelting ores” (id. at 182 n.7 (quoting Corning v. Burden, 56 U.S. 252, 267–68 (1853))); and manufacturing flour (Benson, 409 U.S. at 69 (citing Cochrane v. Deener, 94 U.S. 780, 785 (1876))). In Diehr, the claim at issue recited a mathematical formula, but the Supreme Court held that “a claim drawn to subject matter otherwise statutory does not become nonstatutory simply because it uses a Appeal 2019-003024 Application 14/761,075 5 mathematical formula.” Diehr, 450 U.S. at 187; see also id. at 191 (“We view respondents’ claims as nothing more than a process for molding rubber products and not as an attempt to patent a mathematical formula.”). Having said that, the Supreme Court also indicated that a claim “seeking patent protection for that formula in the abstract . . . is not accorded the protection of our patent laws, and this principle cannot be circumvented by attempting to limit the use of the formula to a particular technological environment.” Id. (citing Benson and Flook); see, e.g., id. at 187 (“It is now commonplace that an application of a law of nature or mathematical formula to a known structure or process may well be deserving of patent protection.”). If the claim is “directed to” an abstract idea, we turn to the second step of the Alice and Mayo framework, where “we must examine the elements of the claim to determine whether it contains an ‘inventive concept’ sufficient to ‘transform’ the claimed abstract idea into a patent- eligible application.” Alice, 573 U.S. at 221 (quotation marks omitted). “A claim that recites an abstract idea must include ‘additional features’ to ensure ‘that the [claim] is more than a drafting effort designed to monopolize the [abstract idea].’” Id. (quoting Mayo, 566 U.S. at 77). “[M]erely requir[ing] generic computer implementation[] fail[s] to transform that abstract idea into a patent-eligible invention.” Id. In January 2019, the U.S. Patent and Trademark Office (USPTO) published revised guidance on the application of § 101. 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50 (Jan. 7, 2019) (“2019 Revised Guidance”).2 “All USPTO personnel are, as a matter of 2 In response to received public comments, the Office issued further guidance on October 17, 2019, clarifying the 2019 Revised Guidance. Appeal 2019-003024 Application 14/761,075 6 internal agency management, expected to follow the guidance.” Id. at 51; see also October 2019 Update at 1. Consistent with the 2019 Revised Guidance and the October 2019 Update, 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) (“Step 2A, Prong One”); and (2) additional elements that integrate the judicial exception into a practical application (see MPEP § 2106.05(a)–(c), (e)–(h) (9th ed. Rev. 08.2017, Jan. 2018)) (“Step 2A, Prong Two”).3 2019 Revised 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 look, under Step 2B, 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 (4) simply appends well-understood, routine, conventional activities previously known to the industry, specified at a high level of generality, to the judicial exception. 2019 Revised Guidance, 84 Fed. Reg. at 52–56. USPTO, October 2019 Update: Subject Matter Eligibility (the “October 2019 Update”) (available at https://www.uspto.gov/sites/default/files/ documents/peg_oct_2019_update.pdf). 3 This evaluation is performed by (a) identifying whether there are any additional elements recited in the claim beyond the judicial exception, and (b) evaluating those additional elements individually and in combination to determine whether the claim as a whole integrates the exception into a practical application. See 2019 Revised Guidance - Section III(A)(2), 84 Fed. Reg. 54–55. Appeal 2019-003024 Application 14/761,075 7 Prong One of Step 2A The Examiner summarizes the claims as being directed to “collecting available information on the computer equipment and room, analyzing the model with CFD, and displaying the results of the model on a general purpose computer,” which are comparable to other abstract ideas identified by courts in Electric Power Group4 as “the collection, analysis, and display of available information in a particular field.” Final Act. 7. The Examiner finds that the claimed subject matter relates to “performing mathematical operations on a general purpose computer as well as organizing information through mathematical correlations.” Final Act. 8. Appellant argues that the claims are “directed to an improvement of technology” by reciting “a method for automated input simulation in simulating a PLC, the PLC being connected with sensors and actuators which communicate with or are field devices for controlling an industrial machine or process.” Appeal Br. 4 (citing Spec. ¶ 15). Under prong one of step 2A, we first look to whether the claim recites any judicial exceptions, including certain groupings of abstract ideas (i.e., mathematical concepts, certain methods of organizing human activities, or mental processes). 2019 Guidance, 84 Fed. Reg. at 52–54. To this end, treating independent claim 1 as representative, claim 1 recites: (1) “generating, on a display, a graphical user interface with sensor and set point input options including a sensor measurement relating to the PLC being simulated”; 4 Elec. Power Grp., LLC v. Alstom S.A., 830 F.3d 1350 (Fed. Cir. 2016). Appeal 2019-003024 Application 14/761,075 8 (2) “receiving, with a processor, a sequence of set points, sensor readings, or set points and sensor readings from the input options of the graphical user interface”; (3) “simulating, with the processor, operation of the programmable logic controller as a function of the sequence, the operation simulated in real-time”; and (4) “displaying, on the display, an indication of the operation m real-time during the simulating.” Claim 16 recites instructions that are stored on a non-transitory computer-readable storage medium, for performing functions similar to those recited in claim 1. These limitations are directed to collecting, analyzing, organizing information through mathematical relationships. For example, the limitation “receiving, . . . a sequence of set points . . . including a value of the sensor measurement of the PLC being simulated” is a data gathering step that may be performed by the human mind. The limitation “simulating, . . . , operation of the programmable logic controller as a function of the sequence, the operation simulated in real-time” is a calculation step involving mathematical relationships that may also be performed by the human mind. Mental processes are a category of activities that the Guidance recognizes as constituting an abstract idea. See 2019 Revised Guidance, 84 Fed. Reg. at 52. 5 Mathematical relationships are also a category of 5 If a method can be performed by human thought alone, or by a human using pen and paper, it is merely an abstract idea and is not patent eligible under § 101. CyberSource, 654 F.3d at 1372–73; see also Synopsys, Inc. v. Mentor Graphics Corp., 839 F.3d 1138, 1146–47 (Fed. Cir. 2016) (“While the Supreme Court has altered the § 101 analysis since CyberSource in cases Appeal 2019-003024 Application 14/761,075 9 activities that the 2019 Revised Guidance recognizes as constituting an abstract idea. See id. “Adding one abstract idea (math) to another abstract idea (encoding and decoding) does not render the claim non-abstract.” RecogniCorp, LLC v. Nintendo Co., 855 F.3d 1322, 1327 (Fed. Cir. 2017). Additionally, as acknowledged by Appellant, “claim 1 recites a method for automated input simulation in simulating a programmable logic controller (PLC)” (Reply Br. 3), which constitutes an “improvement” in automating the process of data collection/manipulation and is not a patentable improvement in computer technology. See OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015); Credit Acceptance Corp. v. Westlake Services, LLC, 859 F.3d 1044, 1055 (Fed. Cir. 2017). The “‘mere automation of manual processes using generic computers’ . . . ‘does not constitute a patentable improvement in computer technology.’” Trading Techs. Int’l, Inc. v. IBG LLC, 921 F.3d 1378, 1384 (Fed. Cir. 2019) (quoting Credit Acceptance, 859 F.3d at 1055). Thus, under prong one of step 2A, we determine the claims recite an abstract idea. Prong Two of Step 2A The Examiner makes the following findings: It is noted that the claimed embodiment does not improve the functioning of the computer, further the claimed embodiments like Mayo and Alice, we continue to ‘treat[ ] analyzing information by steps people go through in their minds, or by mathematical algorithms, without more, as essentially mental processes within the abstract-idea category’” (brackets in original) (quoting Elec. Power Grp., 830 F.3d at 1354); CyberSource, 654 F.3d at 1375 (“That purely mental processes can be unpatentable, even when performed by a computer, was precisely the holding of the Supreme Court in Gottschalk v. Benson.”). Appeal 2019-003024 Application 14/761,075 10 do not amount to a composition of matter. The claimed embodiments do not being performed on a particular machine, there are no specialized computer hardware or sensor inputs that are being utilized that would constitute a custom machine. Final Act. 9 (emphases added). Appellant argues “the claims recite novel and non-obvious steps/functions which clearly constitute(s) significantly more than the alleged abstract idea.” Appeal Br. 4. According to Appellant, the Specification provides support for the recited simulation by stating “Simulators allow the user to modify an input in order to determine a result in the output. This allows the user to simulate the action of physical inputs at a rate based on the user’s ability to enter a change. However, manual changing of the value of the input is time consuming.” Appeal Br. 5 (quoting Spec. ¶ 3). Under prong two of step 2A of the 2019 Revised Guidance, we determine whether the claim as whole integrates the recited abstract idea into a practical application of the abstract idea. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. To evaluate whether the claims integrate the abstract idea into a practical application, we identify whether there are any additional elements recited beyond the abstract idea, and evaluate those additional elements individually and in combination. Some exemplary considerations laid out by the Supreme Court and the Federal Circuit indicate that an additional element that integrates an abstract idea into a practical application can include (i) an improvement in the Appeal 2019-003024 Application 14/761,075 11 functioning of a computer or to another technological field, (ii) an application of the judicial exception with, or by use of, a particular machine, (iii) a transformation or reduction of a particular article to a different state or thing, or (iv) a use of the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment. See MPEP § 2106.05(a)–(c), (e)–(h). Reviewing the claim limitations as a whole, we determine claim 1 does not recite additional elements that integrate the abstract idea into a practical application. In particular, the claim limitations “programmable logic controller (PLC),” “display,” and “processor” merely link the recited abstract idea to the technological environment of sensors and computers. As to the aforementioned limitations, neither the claim nor the Specification indicates any improvements to the functionality of the recited components. Instead, as claimed, the recited components are used in their ordinary manner to implement the series of steps for displaying a graphical user interface, receiving sensor readings and simulating operation of the PLC based on sensor measurements and displaying the results. See also Ans. 3– 4. Thus, the usage of the recited components improve the underlying abstract idea rather than the underlying computer itself or another technology. Further, the claim limitations “generating, on a display, a graphical user interface with sensor and set point input options including a sensor measurement relating to the PLC being simulated” and “displaying, on the display, an indication of the operation in real-time during the simulating” functions of claim 1 merely presents converting data from the sequence of set points and sensor readings to another without altering the data itself, Appeal 2019-003024 Application 14/761,075 12 which does not provide significantly more than the underlying abstract idea. Courts have found such data gathering and presenting steps to be insignificant extra-solution activity. See, e.g., In re Bilski, 545 F.3d 943, 963 (Fed. Cir. 2008) (en banc), aff’d sub nom Bilski v. Kappos, 561 U.S. 593 (2010) (characterizing data gathering steps as insignificant extra-solution activity). Step 2B of the Guidance The Examiner further finds The claims are not adding a specific limitation other than what is well-understood, routine and conventional in the field, or adding unconventional steps that confine the claim to a particular useful application; specifically the claimed embodiments are just executing numerical methods on a general purpose computer without any special hardware configurations. Finally there are no other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment, for example linking the computational result to an apparatus which is then controlled by the output of the numerical simulation. Final Act. 9–10 (emphases added). Appellant argues the claims include specific limitations other than what is well-understood, routine, and conventional by automating the simulation, as described in paragraph 3 of the Specification. See Appeal Br. 5; Reply Br. 3–4. Under step 2B of the 2019 Revised Guidance, we analyze the claims to determine whether they provide an inventive concept (i.e., whether the additional elements amount to significantly more than the exception itself). Considerations that are evaluated with respect to step 2B include determining whether the claims as a whole add a specific limitation or Appeal 2019-003024 Application 14/761,075 13 combination of limitations that are not well-understood, routine, conventional activity in the field. We determine that claim 1 limitations “programmable logic controller (PLC),” “display,” and “processor,” as recited in claim 1, operate in a well- understood, routine, and conventional manner. For example, Appellant’s Specification describes that the recited programmable logic controller (PLC) could be a PLC that controls a cooling fan or a number of different PLCs may be simulated. Spec. ¶¶ 20, 23, 25. Appellant’s Specification provides examples of the disclosed display as “monitor, printer, or other display device” or “monitor, LCD, plasma, projector, printer, or other display device” for displaying indications of control signals. Spec. ¶¶ 58, 76. Appellant’s disclosure further describes the recited processor as “a computer or other device different than the PLC simulates operation of the PLC.” Spec. ¶ 46. Additional elements recited in other independent claim 16 include a computer readable storage medium and instructions executable by a processor, which are described as “user programs [that] are stored as STEP7 projects” and “a graphic processing memory, video random access memory, system memory, random access memory, cache memory, hard drive, optical media, magnetic media, flash drive, buffer, database, combinations thereof, or other now known or later developed memory device for storing data.” Spec. ¶ 73, 67. We find this description to be consistent with the well-understood, routine, conventional uses of the aforementioned claim limitations. Accordingly, we sustain the Examiner’s rejection of independent claims 1 and 16 under 35 U.S.C. § 101, and also claims 2–4, 6–15, 17, and Appeal 2019-003024 Application 14/761,075 14 19, for which Appellant does not make any additional arguments. See Appeal Br. 4–5. 35 U.S.C. § 103(a) REJECTION Claim 1 recites, inter alia: generating, on a display, a graphical user interface with sensor and set point input options including a sensor measurement relating to the PLC being simulated; Appeal Br. 8 (Claims App.). Claim 16 recites similar limitations. The Examiner finds the combination of Wang and Breidford teaches or suggests the aforementioned limitation of claim 1, where Wang discloses certain portion of the limitation, and where Breidford discloses other portion of the limitation. More specifically, as found by the Examiner, Wang discloses generating . . . with sensor and set point input options including a sensor measurement relating to the PLC being simulated; (In paragraph 0046 Wang teaches inputing a virtual sensor input, i.e. simulated sensor measurement “. . . The input/output model is one of plant models, which operates virtual facilities in response to a PLC output signal, detects the operation result by means of a virtual sensor, and transmits the detected result as a PLC input signal . . .”) Final Act. 11. As further found by the Examiner, Breidford discloses “a graphical user interface . . . including timing being displayed (In Fig. 23 Breidford teaches the use of set point options and the measurement from a temperature sensor as demonstrated in the plot).” Final Act. 12. As additionally found by the Examiner, One of ordinary skill in the art would have been motivated to make this modification in order to allow user the ability to tune thermal profiles and develop custom profiles as disclosed by Breidford in column 11 lines 59–63 Appeal 2019-003024 Application 14/761,075 15 “. . . the Thermal Cycler Graphic Interface allows the Scientist or Technician to develop and tune thermal profiles for assay development. Custom profiles can be developed for different heating and cooling requirements . . .” Final Act. 13. Appellant argues that “Wang and Breidford are not analogous art and are not from the same field of endeavor. Wang relates to the field of programmable logic controllers, whereas Breidford relates to an integrated heat exchange system on a microfluid card.” Appeal Br. 6. Appellant asserts Figures 9 and 10 of Breidford disclose “a controller, which can be for example a thermal control (see Breidford, col. 8, line 67)” and concludes “Breidford does not relate to any logic controller or PLC.” Appeal Br. 7; see also Reply Br. 4. We agree with the Examiner’s finding that Breidford’s disclosure of a Thermal Cycler Graphic Interface “allows the Scientist or Technician to develop and tune thermal profiles for assay development” and produce custom profiles for different sensor input or reading related to heating and cooling requirements. See Ans. 6 (citing Breidford 11:62–63). We also agree with the Examiner’s conclusion that Breidford discloses a controller for obtaining temperature/soak times that could be adjusted based on a required profile and used to simulate the process outcome. See Ans. 6 (citing Breidford 9:59–10:25). Additionally, the Examiner properly explained that “Wang is relied upon to teach generating sensor and set point input options relating to the programmable logic controller (PLC) while Breidford is relied upon to teach a modified graphical user interface to display and receive different set points, including timing.” Ans. 5. That is, Breidford addresses the problem Appeal 2019-003024 Application 14/761,075 16 of presenting the sensor readings on a display, whereas Wang teaches the specific source of the readings as a PLC. Therefore, Appellant’s argument only addresses the references individually rather than the combination of references, as set forth by the Examiner. One cannot show non-obviousness by attacking references individually when the rejection is based on a combination of references. See In re Merck & Co., Inc., 800 F.2d 1091, 1097 (Fed. Cir. 1986); see also In re Keller, 642 F.2d 413, 425 (CCPA 1981). Thus, as found by the Examiner, it is the combination of Wang and Breidford, based on the specific teachings for addressing similar problems, that teaches or suggests the displaying limitation of claim 1. In fact, if a technique has been used to improve one device and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious unless its actual application is beyond his or her skill. See KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007). Accordingly, we sustain the Examiner’s rejection of independent claim 1. We also sustain the rejection of the remaining claims because they are not separately argued by Appellant. DECISION SUMMARY In summary: Claims Rejected 35 U.S.C. § Reference(s)/Basis Affirmed Reversed 1–4, 6–17, 19 101 Eligibility 1–4, 6–17, 19 1, 2, 4, 6, 7, 9–12, 14– 17, 19 103(a) Wang, Breidford, Son 1, 2, 4, 6, 7, 9–12, 14– 17, 19 3, 8 103(a) Wang, Breidford, Son, Rule 3, 8 Appeal 2019-003024 Application 14/761,075 17 13 103(a) Wang, Breidford, Son, Stefanovic 13 Overall Outcome 1–4, 6–17, 19 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