`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/695,361
`
`03/15/2022
`
`HIROSHI YAHATA
`
`P65860
`
`8800
`
`GREENBLUM & BERNSTEIN,P.L.C.
`1950 ROLAND CLARKE PLACE
`RESTON, VA 20191
`
`CENTRAL, DOCKET
`
`OPAP
`
`01/20/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
`
`gbpatent @ gbpatent.com
`greenblum.bernsteinplc @ gmail.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`In re Application of
`Hiroshi Yahata,et al.
`Application No. 17/695,361
`Filed: March 25, 2022
`For: METHOD FOR CONTROLLING
`
`FOOD PRINTER
`
`:
`:
`:
`
`DECISION ON PETITION
`
`This is a decision on the renewed requestto participate in the Patent Prosecution Highway (PPH)
`program andthe petition under 37 CFR 1.102(a), filed December 13, 2022, in responseto the
`decision mailed November 15, 2022, dismissing the original request to make the above-identified
`application special.
`
`The request and petition under 37 CFR 1.102(a) are GRANTED. It is noted that the PPH
`requestlists the relied upon OEE work productas the decision to grant a patent. However, a
`decision to grant a patent cannotbe the relied upon work productunless it wasa first action
`allowance. Therefore, the decision herein is based on the Notice ofReasons for Refusal.
`
`DISCUSSION
`
`A grantable request to participate in the PPH pilot program andpetition to make special require:
`
`1. The U.S. application for which participation in the Global/IP5 PPH pilot program is
`requested must have the sameearliest date, whetherthis is the priority date or filing date, as
`that of a corresponding national or regional application filed with another Global/IP5 PPH
`participating office or a corresponding PCTinternational application for which oneofthe
`Global/IP5 PPH participating offices was the International Searching Authority (ISA) or the
`International Preliminary Examining Authority (IPEA);
`
`2. Applicant must:
`a. Ensure all the claims in the U.S. application must sufficiently correspond or be
`amendedto sufficiently correspondto the allowable/patentable claim(s) in the
`corresponding Office of Earlier Examination (OEE) application and
`b. Submit a claims correspondencetable in English;
`
`3. Examination on the merits of the U.S. application has not begun;
`
`
`
`Application No. 17/695,361
`
`Page 2
`
`4. Applicant must submit:
`a. Documentation of prior office action:
`i.
`acopy of the office action(s) just prior to the “Decision to Grant a Patent”
`from each of the Global/IP5 PPHparticipating office application(s) containing
`the allowable/patentable claim(s) or
`ii.
`if the allowable/patentable claims(s) are from a “Notification of Reasons
`for Refusal” then the Notification of Reasons for Refusal or
`ui.
`if the Global/IP5 PPH participating office application is a first action
`allowance then no office action from the Global/IP5 PPH participating office
`is necessary should be indicated on the request/petition form or
`iv.
`the latest work productin the international phase of the OEE PCT
`application;
`b. An English language translation of the Global/IP5 PPH participating office action
`or work product from (4)(a)(i)-(41) or (iv) above; and
`
`5. Applicant must submit:
`a. An IDSlisting the documents cited by the Global/IP5 PPHparticipating office
`examiner in the Global/IP5 PPHparticipating office action or work product (unless
`already submitted in this application) and
`b. Copies of the documents except U.S. patents or U.S. patent application
`publications (unless already submitted in this application).
`
`The request to participate in the PPHpilot program and petition comply with the above
`requirements. Accordingly, the above-identified application has been accorded “special” status.
`
`Telephone inquiries concerning this decision should be directed to Schene Gray Paralegal
`Specialist whose telephone numberis (571) 272-2581.
`
`All other inquiries concerning the examination or status of the application are accessible in the
`PAIR system at bitp://portaluspic.gov.
`
`/JOANNE L BURKE/
`Lead Paralegal Specialist, OPET
`
`
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