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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
`www.uspto.gov
`
`
`
`
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`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
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`PAPER NUIVIBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`12/17/2015
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`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)
`
`

`

`
`
`Applicant(s)
`Application No.
` 14/236,247 YASUI, SHINICHI
`
`Examiner
`Art Unit
`AIA (First Inventor to File)
`Office Action Summary
`
`SAM P. SIEFKE its“ 1797
`
`-- 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 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
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`Status
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`1)IZI Responsive to communication(s) filed on 9/14/15.
`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)|Z| 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.
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`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.
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`Disposition of Claims*
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`5)IZI Claim(s) fl is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
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`is/are allowed.
`6)I:I Claim(s)
`7)|Z| CIaim(s)_1-4is/are rejected.
`8)|:I Claim(s)_ is/are objected to.
`
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`are subject to restriction and/or election requirement.
`9)I:I Claim((s)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`hit
`:/'I’vaIW.usnI‘.0. ovI’ atentS/init events/
`
`
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`iindex.‘s or send an inquiry to PPI-iieedback{®usgtc.00v.
`
`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).
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`Priority under 35 U.S.C. § 119
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`12)I:| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`a)I:l All
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`b)|:l Some” c)I:l None of the:
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`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
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`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.
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`Attachment(s)
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`
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`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 20151210
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`

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`Application/Control Number: 14/236,247
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`Page 2
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`Art Unit: 1797
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`DETAILED ACTION
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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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`Claim Rejections - 35 USC § 102
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`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
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`102 that form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
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`Claims 1-4 are rejected under pre-AIA 35 U.S.C. 102b as being anticipated by JP
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`2004 130063 (herein after Lifescan).
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`Lifescan discloses a biological information detection sensor feeding apparatus
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`comprising:
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`a body case having a feeding opening configured such that a biological
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`information measurer can be attached thereto;
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`a storage section (cassette 102 has a roll as discussed in para 61 -62; fig. 6) that
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`stores a roll of a sensor feeding film in the body case (para 61-62), the roll of sensor
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`feeding film including a strip-shaped holding layer (recess tray 8,10), a strip shaped
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`covering layer (para 41, line 6), and a plurality of biological information detection
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`sensors (tester 4) sandwiched between the strip shaped holding and covering layers
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`(para 40-42; fig.
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`1 ; para 54-56); and
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`

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`Application/Control Number: 14/236,247
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`Page 3
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`Art Unit: 1797
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`a feeding section (cassette 102 has rollers 120 and 118 which feeds the sensors
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`in from the roll to a position for testing fig. 6, 7) has that feeds the plurality of biological
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`information detection sensors from the storage section to the feeding opening (fig. 7-8,
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`fig. 8, 180), wherein:
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`the feeding section is configured to feed the plurality of biological information
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`detection sensors to the feeding opening (fig.6-8, para 60-64), and separate the strip-
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`shaped and holding layers from each other holding film and the covering film from the
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`sensor feeding the plurality of biological information detection sensors to the feeding
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`opening (the bending around the rollers separate the sensor from the holding layer and
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`cover layer); and the feeding section is configured to load one of the plurality of
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`biological information detection sensors fed to the feeding opening (fig. 7-8; para 67-
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`70), into the biological information measurer attached to the feeding opening (180).
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`Regarding claim 2, see spool 120 and 118 for separating the holding layer from
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`the cover layer, and a clutch 152.
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`Regarding claim 3, the sensor includes a connector (the point to which the
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`sensor is connected to the pivot layer as seen in fig. 7), and the plurality of sensor
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`include an electrode (para 35).
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`Regarding claim 4, the feeding opening (180) includes a pair of rotatable
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`sandwiching claws (pins 164 which driving into the holds 166 are on each rotating drum
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`120 and 118).
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`

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`Application/Control Number: 14/236,247
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`Page 4
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`Art Unit: 1797
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`Response to Arguments
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`Applicant’s arguments with respect to claims 1-4 have been considered but are
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`moot because the arguments do not apply to any of the references being used in the
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`current rejection.
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in
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`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
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`§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
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`CFR1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHS from the mailing date of this action.
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`In the event a first reply is filed within
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`TWO MONTHS of the mailing date of this final action and the advisory action is not
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`mailed until after the end of the THREE-MONTH shortened statutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
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`the advisory action.
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`In no event, however, will the statutory period for reply expire later
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`than SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to SAM P. SIEFKE whose telephone number is (571 )272—
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`

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`Application/Control Number: 14/236,247
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`Page 5
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`Art Unit: 1797
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`1262. The examiner can normally be reached on Monday, Wednesday, Thursday and
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`Friday 8am to 6:30pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Lyle Alexander can be reached on 571-272—1254. The fax phone number
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`for the organization where this application or proceeding is assigned is 571 -273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/SAM P SIEFKE/
`
`Primary Examiner, Art Unit 1797
`
`