`“x
`‘\\f
`
`
`
`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
`www.uspto.gov
`
`
`
`
`
`14/236,247
`
`01/30/2014
`
`Shinichi Yasui
`
`20186.0036USWO
`
`8676
`
`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`PO. BOX 2902
`MINNEAPOLIS, MN 55402-0902
`
`SIEFKE, SAMUEL P
`
`ART UNIT
`
`1797
`
`PAPER NUIVIBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/19/2015
`
`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):
`PTOMail@hsml.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 14/236,247 YASUI, SHINICHI
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`1797SAM P. SIEFKE first“
`
`-- 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 g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) 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)I:I Responsive to communication(s) filed on
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`2a)I:| 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
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`3) D Interview Summary (PT0_413)
`1) E Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) E 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 20150514
`
`Disposition of Claims*
`5)|XI Claim(s) fins/are pending in the application.
`5a) Of the above claim(s) fl is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s M is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l Claim(s
`)
`* 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
`htt
`://www.usoto. ov/ atents/init events"
`h/index.‘s
`
`
`
`
`
`or send an inquiry to PPI-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I 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:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)I:I All
`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: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)
`
`
`
`

`

`Application/Control Number: 14/236,247
`
`Page 2
`
`Art Unit: 1797
`
`DETAILED ACTION
`
`The present application is being examined under the pre-AlA first to invent
`
`provisions.
`
`Election/Restrictions
`
`Claims 5-13 are withdrawn from further consideration pursuant to 37 CFR
`
`1.142(b) as being drawn to a nonelected Group II and Ill, there being no allowable
`
`generic or linking claim. Election was made without traverse in the reply filed on 5/7/15.
`
`Applicant appears to have made a typo in the election response by electing group II but
`
`specifically refers to claims 1-4. Examiner called the Applicant but Applicant’s
`
`representative could not be reached to clarify. Therefore, claims 1-4 are being
`
`examined.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre-AlA 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.
`
`Claims 1-4 are rejected under pre-AlA 35 U.S.C. 102b as being anticipated by JP
`
`2001 -281 199 (translated specification search attached and reference in rejection
`
`below).
`
`

`

`Application/Control Number: 14/236,247
`
`Page 3
`
`Art Unit: 1797
`
`JP199 discloses a biological information detection sensor feeding apparatus
`
`comprising:
`
`a body (1) case having a feeding opening (10) configured such that a biological
`
`information measurer (46) can be attached thereto;
`
`a storage section (3; sensor storage case located within the body)
`
`that stores a
`
`strip-shaped sensor feeding film (sensor packaging body 2) in the body case (1 O), the
`
`sensor feeding film including a biological information detection sensor (6), and
`
`a holding film and a covering film (package material 5, fig. 4 shows the top with
`
`barcode and bottom and the sensor therebetween) that sandwich the biological
`
`information detection sensor (6); and
`
`a feeding section (structural components that take the sensor in the film and
`
`open the film and then pass the sensor to the opening 10) that feeds the biological
`
`information detection sensor from the storage section to the feeding opening (fig 3),
`
`wherein: the feeding section (fig. 3) is configured to feed the biological
`
`information detection sensor to the feeding opening (10), and separate the holding film
`
`and the covering film from the sensor feeding film (para 36 includes a packing material
`
`cut unit 7 which is included in the feeding section for removal of the packaging) before
`
`feeding the biological information detection sensor to the feeding opening (10; fig. 3);
`
`and
`
`the feeding section is configured to load the biological information detection
`
`sensor (6) fed to the feeding opening (10), into the biological information measurer (45)
`
`attached to the feeding opening (fig. 1 and 8 specifically).
`
`

`

`Application/Control Number: 14/236,247
`
`Page 4
`
`Art Unit: 1797
`
`Regarding claim 2, the feeding section has a first winding mechanism that winds
`
`the covering film separated from the sensor feeding film, and a second winding
`
`mechanism that winds the holding film separated from the sensor feeding film; and each
`
`of the first winding mechanism and the second winding mechanism includes a clutch
`
`mechanism (para 36 includes a packing material cut unit 7 which is included in the
`
`feeding section for removal of the packaging; para 45).
`
`Regarding claim 3, the biological information measurer (45) includes a connector
`
`and the biological information detection sensor includes a connecting electrode (fig. 8);
`
`and the feeding section is configured to feed the biological information detection sensor
`
`to the sensor feeding opening such that the connecting electrode of the biological
`
`information detection sensor fed to the feeding opening is electrically connected with the
`
`connector of the biological information measurer attached to the feeding opening. The
`
`Applicant has not positively claims the biological information measurer in a positive
`
`limitation in claim 1.
`
`Regarding claim 4, the feeding opening includes a pair of rotatable sandwiching
`
`claws (fig. 8, ref. 8c and 8d rotate and feed the sensor to the opening 11 for the detector
`
`45); and the feeding section is configured to feed the biological information detection
`
`sensor to the feeding opening such that the biological information detection sensor is
`
`sandwiched by the pair of the sandwiching claws.
`
`

`

`Application/Control Number: 14/236,247
`
`Page 5
`
`Art Unit: 1797
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SAM P. SIEFKE whose telephone number is (571)272-
`
`1262. The examiner can normally be reached on Monday, Wednesday, Thursday and
`
`Friday 8am to 6:30pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Lyle Alexander can be reached on 571 -272—1 254. 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.
`
`/SAM P SIEFKE/
`
`Primary Examiner, Art Unit 1797
`
`