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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`wwwusptogov
`
`
`
`
`
`14/155,847
`
`01/15/2014
`
`Mitsuaki ISHIKAWA
`
`2013—2080A
`
`6281
`
`52349
`7590
`”4’20”
`WENDEROTH,LND&pONACK LL12. —
`1030 15th Street, NW.
`GEHMAN, BRYON P
`Suite 400 East
`
`Washington, DC 20005 - 1503
`
`ART UNIT
`3728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/14/2015
`
`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):
`ddalecki @wenderoth.c0m
`e0a@ wenderoth.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/155,847 ISHIKAWA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`BRYON GEHMAN its“ 3728
`
`-- 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 2 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1. 136( a).
`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).
`
`In no event, however, may a reply be timely filed
`
`Status
`
`1)IZI Responsive to communication(s) filed on 12/12/14.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)|:l This action is non-final.
`2a)|:l This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
`
`4)|:| Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)IZI Claim(s) fl) is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`is/are allowed.
`6)I:I Claim(s)
`7)|:| Claim(s)_ is/are rejected.
`8)|:| Claim(s)_ is/are objected to.
`
`9)IXI Claim((s) 18-30 are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`
`
`I/'/\WII‘IN.USOIO. ovI’ atentS/init events/
`iindex.‘s orsend an inquiry to PPI-iieedback{®usgtc.00v.
`
`hit
`
`Application Papers
`
`10)I:l The specification is objected to by the Examiner.
`11)I:l The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I 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).
`
`Priority under 35 U.S.C. § 119
`
`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:l Some” c)I:l None of the:
`
`1.I:I Certified copies of the priority documents have been received.
`2.|:l Certified copies of the priority documents have been received in Application No.
`3.|:| 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)
`
`
`
`3) D Interview Summary (PTO-413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`4) I:I Other'
`2) I] InformatIon DIsclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date
`
`US. Patent and Trademark Office
`PTOL—326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20150108
`
`

`

`Application/Control Number: 14/155,847
`
`Page 2
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`Art Unit: 3728
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`2.
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`This application contains claims directed to the following patentably distinct
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`species A) Figures 1-10; B) Figures 11-14; C) Figures 15-20; D) Figures 21-25; E)
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`Figures 26-29; and F) Figure 30. The species are independent or distinct because the
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`various dividers and corresponding mating grooves at least of the various identified
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`species are presently seen to comprise possible different patentable inventions. In
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`addition, these species are not obvious variants of each other based on the current
`
`record.
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`Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or
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`a single grouping of patentably indistinct species, for prosecution on the merits to which
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`the claims shall be restricted if no generic claim is finally held to be allowable. Currently,
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`no claim is identified as generic.
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`There is a search and/or examination burden for the patentably distinct species
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`as set forth above because at least the following reason(s) apply: The various dividers
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`and corresponding mating grooves at least of the various identified species would
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`require individual attention that would determine the patentability of the claimed tray.
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`Applicant is advised that the reply to this requirement to be complete must
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`include (i) an election of a species to be examined even though the requirement
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`may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing
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`the elected species or grouping of patentably indistinct species, including any
`
`

`

`Application/Control Number: 14/155,847
`
`Page 3
`
`Art Unit: 3728
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`claims subsequently added. An argument that a claim is allowable or that all claims are
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`generic is considered nonresponsive unless accompanied by an election.
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`The election may be made with or without traverse. To preserve a right to
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`petition, the election must be made with traverse. If the reply does not distinctly and
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`specifically point out supposed errors in the election of species requirement, the election
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`shall be treated as an election without traverse. Traversal must be presented at the time
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`of election in order to be considered timely. Failure to timely traverse the requirement
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`will result in the loss of right to petition under 37 CFR 1.144. If claims are added after
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`the election, applicant must indicate which of these claims are readable on the elected
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`species or grouping of patentably indistinct species.
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`Should applicant traverse on the ground that the species, or groupings of
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`patentably indistinct species from which election is required, are not patentably distinct,
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`applicant should submit evidence or identify such evidence now of record showing them
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`to be obvious variants or clearly admit on the record that this is the case. In either
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`instance, if the examiner finds one of the species unpatentable over the prior art, the
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`evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35
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`U.S.C. 103(a) of the other species.
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`Upon the allowance of a generic claim, applicant will be entitled to consideration
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`of claims to additional species which depend from or otherwise require all the limitations
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`of an allowable generic claim as provided by 37 CFR 1.141.
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`

`

`Application/Control Number: 14/155,847
`
`Page 4
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`Art Unit: 3728
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`3.
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`A telephone call was made to Jeffrey Filipek on January 8, 2015 to request an
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`oral election to the above restriction requirement, but did not result in an election being
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`made.
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`4.
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`Applicant is reminded that upon the cancellation of claims to a non-elected
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`invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one
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`or more of the currently named inventors is no longer an inventor of at least one claim
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`remaining in the application. A request to correct inventorship under 37 CFR 1.48(a)
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`must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that
`
`identifies each inventor by his or her legal name and by the processing fee required
`
`under 37 CFR1.17(i).
`
`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to BRYON GEHMAN whose telephone number is
`
`(571 )272—4555. The examiner can normally be reached on Tuesday through Thursday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Mickey Yu can be reached on (571) 272-4562. The fax phone number for
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`the organization where this application or proceeding is assigned is 571 -273-8300.
`
`

`

`Application/Control Number: 14/155,847
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`Page 5
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`Art Unit: 3728
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`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 -272-1 000.
`
`/BRYON GEHMAN/
`Primary Examiner, Art Unit 3728
`
`Bryon P. Gehman
`Primary Examiner
`Art Unit 3728
`
`BPG
`
`