`
`
`CERTIFICATE OF EFS FILING UNDER 37 CFR $1.8
`this correspondence is being electronically transmitted to the United States Patent and Trademark Office.
`| hereby certify that
`Commissionerfor Patents, via the EFS pursuant to 37 CFR §1.8 on the belowdate:
`
`Name: Tadashi Horie - Reg, No.40,437.00. Signature
`.
`
`
` Date, August13, 2015
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Appln. of: Akihiro MOCHIZUKI
`
`Appin. No.:
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`29/489,069
`
`Filed:
`
`For:
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`April 25, 2014
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`INCUBATOR
`
`
`
`Attorney Docket No.: 9353/1316 (D304506-01)
`
`Examiner: Anhdao Doan
`
`Art Unit:
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`2914
`
`Conf. No.: 4235
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`APPLICANTS COMMENTS UNDER37 C.F.R. 1.104(e)
`
`DearSirs:
`
`In the Notice of Allowance mailed July 17, 2015, the Examiner madethe following
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`statement:
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`“This application incorporates by reference Japanese Patent
`Application No, 2013-024981. All the material from the
`Japanese application which is essential to the claimed design is
`included in this application. It is understood that any materialin
`the Japanese application which is not present in this application
`forms no part ofthe claimed design.”
`
`First, the Examiner states that all of the material from 2013-024981 which ts essential
`
`to the claimed design is included in this application. The Examiner’s statementis inaccurate
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`becauseit is not the condition for claiming priority. For the purpose of claiming priority,
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`Applicants submit that the claimed design is adequately disclosed in the priority documents.
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`Further, the Examiner added that any material in 2013-024981 which is not present in
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`this application forms no part of the claimed design, This statement is untrue. Applicants
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`call the Examiner’s attention to MPEP 201.13 Il G, which discusses the effects of
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`“incorporation by reference” of a foreign priority application. The sectionstates, “An
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`applicant may incorporate by reference the foreign priority application by including, in the
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`U.S. application-as-filed, an explicit statement that such specifically enumerated foreign
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`priority application or applications are “hereby incorporated byreference. See 37 CFR
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`1.57(b) and MPEP§ 608.01(p).”
`
`

`

`U.S. Application No. 29/489,069
`
`Attorney Docket No. 9353/1316 (D304506-01)
`
`The section also states, “The inclusion of this statement of incorporation by reference
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`of the foreign priority application will permit an applicant to amend the U.S. application to
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`include subject matter from the foreign priority application(s), without
`raising the issue of new matter. Thus, the incorporation by reference statement canbe relied
`
`uponto permit the entering of a portion of the foreign priority application into the U.S.
`application when a portion of the foreign priority application has been inadvertently omitted
`from the U.S. application, or to permit the correction of translation errorin the U.S.
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`application where the foreign priority application is in a non-English language.”
`
`Please also note that the section of MPEP even encourages Applications to provide an
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`explicit “incorporation by reference” statementin the specification. Thesectionstates, “The
`purpose of 37 CFR 1.57(a) is to provide a safeguard for applicants when all or a portion of
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`the specification and/or drawing(s) is (are) inadvertently omitted from an application. For U.S.
`applicationsfiled on or after September 21, 2004, applicants are encouraged to provide an
`explicit incorporation by reference statementto the prior-filed foreign priority application(s)
`for which priority is claimed under 37 CFR 1.55 if applicants do not wish the incorporation
`
`by reference to be limited to inadvertently
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`omitted material pursuant to 37 CFR 1.57(a).
`
`
`
`August13,2015
`_
`Epson <7 rersgaeeene
`Tadashi Horie (Regf No. 40,437)
`Date
`
`Respectfully submitted,
`
`