www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/791,121
`
`07/06/2022
`
`Daisuke TAKANO
`
`083710-3661
`
`1098
`
`Rimon PC - Panasonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`MACFARLANE, EVAN H
`
`3724
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/26/2024
`
`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):
`USPTOmail @rimonlaw.com
`
`eofficeaction @appcoll.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/791,121
`TAKANO etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`EVAN H MACFARLANE
`3724
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 26 August 2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) 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 Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1-5 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)¥] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 6 July 2022 is/are:
`a)f¥j) accepted or b)C) 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)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240924
`
`

`

`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 2
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`Notice of Pre-AlA orAIA Status
`
`The presentapplication,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`DETAILED ACTION
`
`Response to Amendment
`
`1.
`
`The Amendmentfiled 26 August 2024 has been entered. Claims 1-5 are pending. Applicant's
`
`amendments have overcome each and every objection and rejection under 35 USC 112 previously set
`
`forth in the Non-Final Office Action mailed 30 May 2024.
`
`Priority
`
`2.
`
`3.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`Specification
`
`The specification is objected to as failing to provide proper antecedent basis for the claimed
`
`subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(0). Correction of the following is required:
`
`the specification should be amendedto provide an antecedentbasis for the “first lateral surface” of the
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`hair raising comb and the “secondlateral surface”of the hair raising comb as recitedin claim1,
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`including indicating each of these twosurfaces with a respective reference character in the drawings.
`
`4,
`
`The claims are objected to because of the following informalities:
`
`Claim Objections
`
`e
`
`Claim 1 introduces twoof “a flat surface”at lines 18 and 22. These twoflat s urfaces should be
`
`provided with unique names, suchas —afirst flat surface — and — a second flat surface -,
`
`respectively.
`
`e
`
`The preambles of claims 2-5 should be amended to correspond to the preamble of claim 1, such
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`as by reciting, “The attachment according toclaim 1”, rather than “The attachmentfor an
`
`

`

`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 3
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`electric hair-cutting device according to Claim 1”(noting that claim 1 does not use the language
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`“for an electric hair-cutting device”).
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b} CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a jointinventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`5.
`
`Claim(s) 3-5 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph,as being indefinite for failing to particularly point out and distinctly claim the subject
`
`matter which the inventor ora joint inventor (or for applications subject to pre-AlA35 U.S.C. 112, the
`
`applicant), regards as the invention.
`
`Claim 3 recites, “the attachment comprises at least one combination of the hair raising comb
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`and the two second combs, wherein the hair raising comb is arranged between the two second combs”.
`
`This recitation is indefinite for multiple reasons. First, itis unclear how many ‘combs’ are required when
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`there is more than one combination. Consider that the claim merely requires one hair raising comb and
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`two second combs — when there is more than one combination of combs as permitted by the claim,
`
`does the claim require additional combs? For example, when there is more than one combination, are
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`additional hair raising and/or additional second combs required? If so, does each additional combination
`
`also require one hair raising comb and two second combs? Claim 4, which dependson claim 3, appears
`
`to suggest that each combination must include a hair raising comb and two second combs(see the final
`
`twolines of claim 4), but claim 3 is not explicit regarding the requirements of any combination other
`
`than a first combination. Another reasonthat the recitationis indefinite is that in the event that more
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`than one combination is provided, and in the event that each additional combination also requires at
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`

`

`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 4
`
`least one additional hair raising comb and/or at least one additional second comb,it is unclear which
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`combs are referred toin the recitation “the hair raising comb is arranged between the two second
`
`combs”. Since providing multiple combinations arguably requires more than one hair raising comb and
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`more than two second combs, it is unclear which hair raising comb and which two second combsare
`
`referred to at the final line of claim 3. For examination purposes, the claim is considered satisfied by any
`
`of the potential interpretations set forth in this paragraph.
`
`Claim 4 recites, “the at least one combination requires two combinations” and alsorecites, “one
`
`of the two second combsin the first combination serves as one of the two second combsin the second
`
`combination”. This recitation is indefinite because the requirements of the two combinations are
`
`unclear. Must each combination include a hair raising comb and two second combs, oris only one of the
`
`combination required to include a hair raising comb and two second combs? Put another way, thereis
`
`insufficient antecedent basis for each of “the two second combsin the first combination” and “the two
`
`second combs in the second combination”. While claim 3 introduces a combination that includes two
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`second combs, the combination of claim 3 is not required to be either of the first and second
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`combinations introduced in claim 4. It is consistent with claim 4 for there to be three combinations of
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`combs — a combination as introduced in claim 3, along with the first and second combinations of claim 4.
`
`However, claim 4 implicitly suggests that each of the two combinations must have the requirements of
`
`the combination introduced in claim 3. Since claim 4 does not make clear what combsare required of
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`each combination, claim 4 is indefinite. For examination purposes, the claim is considered satisfied by
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`any of the potential interpretations set forth in this paragraph.
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`Claim 5 is indefinite because the structure of the claimed attachmentis defined by reference to
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`the reciprocating direction of the unclaimed blade part. Consider the image below, where each
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`rectangle representsa different blade part of a different hair-cutting device, and where the three blade
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`parts movein different mannersas indicated by the movement arrows. The arrangementof the claimed
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`

`

`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page5S
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`comb part as recited in claim5 varies depending on the particular unclaimed blade part with which the
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`claimed comb partis used. Thus, it cannot be determined whether or not “the comb part has two ends
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`in the linear reciprocating direction” in which the blade part is movable without knowing the details of
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`the particular hair-cutting device with which the claimed attachmentis used. Indeed,it is unclear how
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`claim 5 can even besatisfied if the attachment is used with a blade part whose movementis not a linear
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`reciprocation. For examination purposes, the claim is considered satisfied if the comb is usable with
`
`some conceivable hair cutting device that results in the claim being satisfied.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
`
`set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forthin section 102, if the differences between the claimed invention
`and the prior art are such that the claimed invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having ordinary skill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No.
`
`2018/0207818 Alto Wang et al.
`
`

`

`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 6
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`6.
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`Regarding claim 1, Wang discloses an attachment 50 configured to be detachably attached to an
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`electric hair-cutting device 10 (see Fig. 1, the Title, and paragraph 28; although note that the hair-cutting
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`device is not required by the claim but is instead introduced as an unclaimed structure with which the
`
`claimed attachmentis usable) comprising a blade part 23 (see Fig. 1),
`
`wherein
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`the attachment 50 comprises a comb part 70, and the comb part 70 is configured to be disposed
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`around the blade part 23 when the attachment SOis attached tothe electric hair-cutting device 10 (see
`
`Fig. 6; the blade part 23 is positioned within the attachment 50 in order to receive and cut hair),
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`the comb part 70 comprisesa first comb 730 (relative to Fig. 4, the ‘first comb’ is considered as
`
`the second comb from the right among the sevencombs 730) serving as a hair raising comb (due to
`
`including a hair-lifting portion 72A; see paragraph 63 andFigs. 4 and 6; hereinafter referred to as ‘hair
`
`raising comb 730’),
`
`the hair raising comb 730 has a first lateral surface and a second lateral surface (seeFig. 1,
`
`where thefirst and second lateral surfaces are the side facing surfaces of the hair raising comb that face
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`toward the combs 730 immediately to the left and right, respectively, of the hair raising comb),
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`the hair raising comb 730 has a first skin contact surface andafirst hair raising groove (see the
`
`annotated Fig. below;first, the skin contact surface is capable of contacting a user’s skin due to being an
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`exposed, outer surface of the attachment 50 — e.g., the first skin contact surface can be pressed against
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`a tip of a user’s nose,or alternatively the first skin contact surface can press against a user’s skin
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`depending on the angle at which the attachmentis held relative to the user’s skin and the force with
`
`which the attachmentis pressed toward the user’s skin; the groove of Wangis ‘hair raising’ due to being
`
`part of the hair lifting portion 72A per paragraph 63), the first skin contact surface includesa flat surface
`
`(see the annotated Fig. below; see also Fig. 4 showing that the skin contact surface, which faces outward
`
`away from the portion 74,is flat),
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`

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`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 7
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`the flat surface of the first skin contact surface extends along the first lateral surface to thefirst
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`hair raising groove (see Figs. 4 and 6),
`
`anotherhair raising comb 740(relative to Fig. 4, the another hair raising comb is considered as
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`the second comb from the right among the sevencombs 740;i.e., the another hair raising comb 740
`
`serves as a pair with the hair raising comb 730) has a second skin contact surface and a second hair
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`raising groove (see the annotated Fig. below; the second skin contact surface is configured to contact
`
`skin for the same reasons discussed above in regards tothe first skin contact surface),
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`the second skin contact surface extends along the second lateral surface to the second hair
`
`raising groove (see Figs. 4 and 6),
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`the first skin contact surface and the second skin contact surface are inclined toward a distalend
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`of the hair raising comb 730 in such a manner that the hair raising comb 730 is tapered toward thedistal
`
`end (see Fig. 6), and
`
`the first hair raising groove comprisesa first concave which protrudes inward and the second
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`hair raising groove comprises a second concave which protrudes inward (see the annotated Fig. below).
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`

`

`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 8
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`second
`Bair
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`secand skin
`comact surface
`
`raising sroave first fair raising Broove
`
`first: skin conmfact surface
`
`Wang, in the embodimentof Figs. 4 and 6, teaches that the hair raising comb 730 and the
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`another hair raising comb 740 do not join one another at their distal ends. Further, Wang,in the
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`embodiments of Figs. 4 and 6, does not explicitly illustrate the geometry of the second skin contact
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`surface (e.g., it cannot be determined with certainty that the second skin contact surface has the same
`
`geometryas thefirst skin contact surface, since in Fig. 4 the second skin contact surface faces
`
`downward). As a result, Wang, in the embodimentof Figs. 4 and 6,fails to disclose that the hair raising
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`comb includes the second skin contact surface and the secondhair raising groove, where the second
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`skin contact surface includes a flat surface and wherethe flat surface of the second skin contact surface
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`extends along the second lateral surface tothe second hair raising groove, all as required by claim 1.
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`7.
`
`First, regarding the geometry of the combs 740 of Wang,it would have been obvious to one of
`
`ordinary skill in the art to provide each of the combs 740 of Wang withthe same geometry as the combs
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`730 of Wang(albeit in a reverse orientation as can be seenin Fig. 4), including providing each of the
`
`

`

`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 9
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`second skin contact surfaces of the combs 740 with a flat surface that extends along the second lateral
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`surface of the respective comb 740 to the respective second hair raising groove. This modification is
`
`obvious because Wangalready teaches that the geometry of the combs 730is suitable for hair
`
`trimming, so one of ordinary skill in the art would be motivated to copy that geometry for the combs
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`740 that serve the same hair trimming function as the combs 730. Further, all available evidencein
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`Wang suggests that the combs 740 have the same geometry as the combs 730. For example, in both
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`Figs. 4 and 6, the combs 730 and 740 have the same geometryin all observable aspects of the combs
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`730 and 740. Since every observable geometry of the two groups of combs 730 and 740 matches, one of
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`ordinary skill in the art would be motivated to provide the two groups of combs 730 and 740 with
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`identical geometries (albeit in reverse orientations, as shown in Figs. 4 and 6 of Wang) sinceall available
`
`evidence suggests that this is already the case. Finally, this modification is obvious because a changein
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`form or shape is generally recognized as being within the level of ordinary skill in the art, absent any
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`showing of unexpected results. /n re Dailey et al., 149 USPQ 47. In regards to providing the combs 740 of
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`Wang with the same shape as the combs 730, there is are no unexpected results because the two
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`groups of combs 730 and 740 perform the samehair trimming function.
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`8.
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`Second, Wangin the embodimentof Fig. 11 teaches providing connecting portions 72C that
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`connect the distal end portions of the combs 730 with the distalend portions of the combs 740 (see
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`paragraph 73). Wang teachesthat providing connecting portions that connect the distal ends of the
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`combs 730 with the distal ends portions of the combs 740 is advantageous in order to enhance the
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`strength of the combs(see paragraph 73).
`
`Therefore, it would have been obvious to one of ordinary skill in the art to provide the
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`embodiment of Figs. 4 and 6 of Wang with connecting portions that connect the distal ends of the
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`combs 730 to the distal ends of the combs 740 as taught by the embodimentof Fig. 11 of Wang. This
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`modification is advantageous in order to enhancethe strength of the combs. Moreover, as a result of
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`

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`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 10
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`this modification, the hair raising comb 730 and the another hair raising comb 740 of Wang, as modified,
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`forma single hair raising comb (due to being connected at their distal ends by the connecting portion).
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`This single hair raising comb includes the first and second lateral surfaces, the first and second skin
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`contact surfaces, andthe first and secondhair raising grooves because the modification causes the hair
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`raising comb 730 cited above and the another hair raising comb 740 cited above to form a single hair
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`raising comb dueto being joined. Thus, Wang, as modified, includes the hair raising comb including the
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`second skin contact surface and the second hair raising groove.
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`9.
`
`Regarding claim 2, Wang, as modified, discloses that that the comb part 70 further includes at
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`least one second comb (the second comb being a combination of a comb 730 and acomb 740joined by
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`a connecting portion 72C as described in the modification of Wang as applied to claim 1 above, where
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`the second comb is a comb adjacentto the hair raising comb of claim 1) that has a third skin contact
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`surface and a fourth skin contact surface (surfaces correspondingto the first and second skin contact
`
`surfaces, respectively, as indicating in the annotated Fig. above), when the third skin contact surface
`
`comes into contact with the skin, the fourth skin contact surface raises hair (due to the fourth skin
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`contact surface be angled relative to the third skin contact surface and facing upward, awayfrom the
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`user’s skin—e.g., long hair is able to be contacted and raised by the fourth skin contact surface; see Fig.
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`6 of Wang), and when the fourth skin contact surface comesinto contact with the skin, the third skin
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`contactsurfaceraises hair (the same explanation provide aboveis applicable, albeit reversed).
`
`Regarding claim 3, Wang, as modified, discloses that the at least one second comb comprises
`
`two second combs(since the ‘first comb’ as identified in the rejection of claim 1 above is the second
`
`comb from the right among the seven combs shown in Fig. 4, the two second combsare the two combs
`
`on opposing sidesof the first comb relative to Fig. 4), the hair raising comb and the two second combs
`
`are provided side by side (see Fig. 4), and the attachment comprisesat least one combination of the hair
`
`raising comb and the two second combs(this feature only requires one combination, and therefore only
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`

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`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 11
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`requires one first comb and twosecond combs, such that the first comb and second combsalready
`
`discussedsatisfy this requirement), wherein the hair raising comb is arranged between the twosecond
`
`combs(see Fig. 4).
`
`Regarding claim 4, Wang discloses that the at least one combination comprises two
`
`combinations (see Fig. 4, where the right three combs formed by joining combs 730 with combs 740 as
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`discussedin the rejection of claim 1 above area first combination, and the next twoteeth tothe left of
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`the first combination, in conjunction with the left-most second comb of the first combination, form a
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`second combination; having a second comb be a member of both combination is permitted by claim 4,
`
`since this feature is required by the claim), the twocombinations are continuously provided side by side
`
`in the comb part 70 (see Fig. 4), the two combinationsinclude a first combination and a second
`
`combination (see the discussion of the combinations earlier in this paragraph), and one of the two
`
`second combsin the first combination serves as one of the two second combsin the second
`
`combination (see the discussion of this feature earlier in this paragraph).
`
`10.
`
`Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No.
`
`2018/0207818 Alto Wang etal. as applied to claim 2 above, and furtherin view of US Pat. No. Des.
`
`429,378 to Wu, as evidenced by US Pat. No. 3,421,213 to Pawlikwoski.
`
`Regarding claim 5, Wang, as modified, discloses that the blade part 23 is movable in a linear
`
`reciprocating direction (see Fig. 3 and paragraph 41, although no blade part is acomponentof the
`
`claimed device), the comb part 70 has two ends in the linear reciprocating direction (top and bottom
`
`endsrelative to Fig. 1),
`
`Wang, as modified, fails to disclose protection members that have skin contacting surfaces for
`
`defining a cutting range of hair during use and reinforce the comb part, and the protection members are
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`formed at the two ends of the comb part, and eachof the protection members has a contour shape
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`

`

`Application/Control Number: 17/791,121
`Art Unit: 3724
`
`Page 12
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`identical to a contour shape of the at least one second comb, and each of the protection members has a
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`thickness greater thana thickness of the at least one second comb,all as required by claim 5.
`
`Wu, though, teachesproviding an attachmentwith protection members (see the annotated Fig.
`
`below) that have skin contact surfaces (an upward facing surface of the upper protection member and a
`
`lower facing surface of the lower protection member)for defining a cutting range of hair during use (this
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`feature is satisfied because the protection members delimit the ends of the comb part — to the extent
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`the cutting range of hair is determined by the unclaimed hair-cutting device, then this feature is satisfied
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`so long as the hair-cutting device with which the attachmentis used has a cutting range corresponding
`
`to the distance between protection members) and reinforce comb part (see Figs. 1-2; e.g., the
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`protection membersprovide additional stiffness due to having greater thicknesses inthe vertical
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`direction of Fig. 2 than the other combsof the comb part), and the protection membersare formed at
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`two ends of the comb part (see Figs. 1 and 2), and eachof the protection members has a contour shape
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`identical to a contour shape of at least one second comb (see Fig. 1 — any of the combs between the
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`protection memberscan be considered as a ‘second comb), and has a thickness greater thana thickness
`
`of the at least one second comb (see Fig. 2 showing the protection membershaving a thickness that is
`
`greater thana thickness of the second comb). It is known in the art that providing protection members
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`at opposing ends of a comb part is advantageous in order to provide end guards that prevent tooth
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`breakage (see Pawlikwoski at col. 1, lines 65-68).
`
`

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`Application/Control Number: 17/791,121
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`
`Page 13
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`protection member
`
`protection member
`
`Therefore, it would have been obvious to one of ordinary skill in the art to provide the
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`attachment of Wang, as modified, with two protection that have skin contacting surfaces for defining a
`
`cutting range of hair during use and reinforce the comb part, and the protection members are formed at
`
`the two ends of the comb part, and each of the protection members has a contour shape identicaltoa
`
`contour shapeof the at least one second comb, and each of the protection members has a thickness
`
`greater thana thickness of the at least one second comb,in view of the teachings of Wu. This
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`modification is advantageous in order to provide end guards that prevent tooth breakage.
`
`Response to Arguments
`
`11.
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`Applicant’s arguments (see page 7 of the Remarksfiled 26 August 2024) against the rejection of
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`claims 1-5 under 35 USC 103 as being unpatentable over US Design Pat. No. D429,378 to Wuin view of
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`US Pub. No. 2008/0168662 to Mikula have been considered but are moot because the new ground of
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`

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`Application/Control Number: 17/791,121
`Art Unit: 3724
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`Page 14
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`rejection does not rely on any reference applied in the prior rejection of record for any teaching or
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`matter specifically challenged in the argument.
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`Conclusion
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`12.
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`Applicant's amendment necessitated the new ground(s) of rejection presentedin this Office
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`action. Accordingly, THIS ACTIONIS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortenedstatutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS ofthe mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however,will the statutory period for reply expire later than
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`SIX MONTHS from the date ofthis final action.
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to EVAN H MACFARLANE whose telephone number is (303)297-4242. The examiner
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`can normally be reached Monday-Friday, 7:30AM to 4:00PM MT.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www. uspto.gov/interviewpractice.
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`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Adam Eisemancan be reached on (571) 270-3818. The fax phone number for the organization where
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`this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of published or unpublished applications may be obtained from
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`Patent Center. Unpublished application information in Patent Center is available to registered users. To
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`

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`Application/Control Number: 17/791,121
`Art Unit: 3724
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`Page 15
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`file and managepatent submissions in Patent Center,visit: https://patentcenter.us pto. gov.Visit
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`https ://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
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`https ://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional
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`questions, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like
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`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
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`571-272-1000.
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`/EVAN H MACFARLANE/
`Examiner, Art Unit 3724
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`