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`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
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONF {MATION NO.
`
`12/593,347
`
`09/28/2009
`
`Jiro Onishi
`
`091064
`
`5372
`
`38834
`
`7590
`
`10/12/2012
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`1250 CONNECTICUT AVENUE, NW
`SUITE 700
`WASHINGTON, DC 20036
`
`YOO, REGINAM
`
`1775
`
`PAPER NUMBER
`
`
`
`
`
` NOT *ICATION DATE
`
`DELIVERY MODE
`
`10/ 1 2/201 2
`
`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):
`
`patentmail @ whda.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`12/593,347
`
`Examiner
`REGINA M.YOO
`
`ONISHI ET AL.
`
`Art Unit
`1775
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)IZI Responsive to communication(s) filed on 27 July 2012.
`
`2a)IZ| This action is FINAL.
`
`2b)I:l This action is non-final.
`
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`
`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`5)IZI Claim(s) 1 and 10-13 is/are pending in the application.
`
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`
`6)I:I Claim(s) _ is/are allowed.
`
`7)|Zl Claim(s) 1and10- 13is/are rejected.
`
`8)I:I Claim(s) _ is/are objected to.
`
`9)I:l Claim(s) _ are subject to restriction and/or election requirement.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`
`11)|:| The drawing(s) filed on _ is/are: a)|:l accepted or b)I:l objected to by the Examiner.
`
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)|:l All
`
`b)I:I Some * c)|:l None of:
`
`1.I:I Certified copies of the priority documents have been received.
`
`2.I:I Certified copies of the priority documents have been received in Application No. _
`
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
`
`application from the International Bureau (PCT Rule 17.2(a)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) X Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/OS)
`Paper No(s)/Mai| Date 8/0_9/12.
`US. Patent and Trademark Office
`
`4) D Interview Summary (PTO-413)
`Paper N°(5 )/Mai| Date. _
`5)I:I Notice of Informal Patent Application
`)6|:| Other:
`
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20121002A
`
`
`
`

`

`Application/Control Number: 12/593,347
`
`Page 2
`
`Art Unit: 1775
`
`FINAL ACTION
`
`Response to Amendment
`
`The amendment filed on 7/27/2012 has been received and claims 1 and 10-13
`
`are pending.
`
`1.
`
`Claims 1 and 10-13 are objected to because of the following informalities:
`
`Claim Objections
`
`in line 7 of Claim 1, insert --one or more-- before “fine particle”;
`
`in lines 11 and 13 of Claim 1, insert --one or more-- before “detoxifying”;
`
`in line 14 of Claim 1, insert --detoxifying material sprayer-- after “each”;
`
`in line 2 of Claims 10-11 and 13, insert --the-- before “at least one”;
`
`in line 2 of Claim 12, insert --the-- before “at”.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 1 12
`
`2.
`
`The following is a quotation of the second paragraph of 35 U.S.C. 112:
`
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`3.
`
`Claims 10 and 12 are rejected under 35 U.S.C. 112, second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter which
`
`applicant regards as the invention.
`
`

`

`Application/Control Number: 12/593,347
`
`Page 3
`
`Art Unit: 1775
`
`4.
`
`As to Claim 10, it is not clear what configuration the limitation “the pair
`
`of...sprayers respectively disposed at both end parts of each of the one or more fine
`
`particle capture filters” is attempting to disclose as there are multiple “end parts” of a
`
`filter.
`
`5.
`
`Claim 12 recites the limitation "the plurality of fold lines" in line 4. There is
`
`insufficient antecedent basis for this limitation in the claim.
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
`
`7.
`
`Claims 1 and 10-13 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Schafka (6129285).
`
`Schafka (‘295) discloses an apparatus (see Figure 2) comprising:
`
`a sterile room (30) having an inlet opening (@ 44) and an outlet opening (36);
`
`one or more fine particle capture filters (58) placed so as to cover the inlet
`
`opening (@ 44);
`
`a sterilizing material supplying part (54) for supplying, to the sterile room (30), a
`
`material with some of the supplied material attaching to the one or more fine particle
`
`capture filters (58); and
`
`

`

`Application/Control Number: 12/593,347
`
`Page 4
`
`Art Unit: 1775
`
`one or more detoxifying material supplying parts (52) for spraying a material
`
`toward a surface of the one or more fine particle capture filters (58) capable of
`
`detoxifying the material attached to the one or more fine particle capture filters (58), the
`
`detoxifying material supplying parts (52) provided in the sterile room (30) so as to be
`
`opposed to the surface of the one or more fine particle capture filters (58) (see Figure
`
`2);
`
`at least one of the detoxifying material supplying parts (52) including a pair of
`
`detoxifying material sprayers each provided with a plurality of nozzles (52) for spraying
`
`the material toward an entire surface of the one or more fine particle capture filters (58)
`
`(see Figure 2); wherein,
`
`the at least one of the detoxifying material supplying parts (52), provided in the
`
`sterile room (30), includes the pair of detoxifying material sprayers (52) respectively
`
`disposed at both end parts of each of the one or more fine particle capture filters (58)
`
`(see Figure 2),
`
`the at least one of the detoxifying material supplying parts (52) is provided in the
`
`sterile room such that the pair of detoxifying material sprayers is capable of being
`
`extended in a direction perpendicular to a plurality of fold lines of the one or more fine
`
`particle capture filters (58) (see Col. 6 lines 4-10), and
`
`each of the plurality of nozzles (52) of the pair of detoxifying material sprayers
`
`included in at least one of the detoxifying material supply parts is capable of being
`
`opened in such a direction that the detoxifying material is sprayed along a plurality of
`
`fold lines of the one or more fine particle capture filters (58) (see Col. 6 lines 4-10).
`
`

`

`Application/Control Number: 12/593,347
`
`Page 5
`
`Art Unit: 1775
`
`Conclusion
`
`8.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure. The following references relate either to the field of the invention
`
`or subject matter of the invention, but are not relied upon in the rejection of record:
`
`20030089240.
`
`9.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
`
`CFR1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action.
`
`In the event a first reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortened statutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to REGINA M. YOO whose telephone number is (571)272-
`
`6690. The examiner can normally be reached on M-F 10:30 am - 7 pm.
`
`

`

`Application/Control Number: 12/593,347
`
`Page 6
`
`Art Unit: 1775
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Michael Marcheschi can be reached on 571-272-1374. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571-
`
`273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/REGINA M YOO/
`
`Primary Examiner, Art Unit 1775
`
`

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