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`UNITED STATES PATENT AND TRADEMARK OFFICE '
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 223 I 3-1450
`www.usplo.gov
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`11/126,338
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`7055
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`05/1 1/2005
`
`Hidenon’ Shimizu _
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`P2787]
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`3335
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`7590
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`05/22/2007
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`GREENBLUM&BERNSTEIN,F.L.C.
`1950 ROLAND CLARKE PLACE
`RESTON, VA 20191
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`CHUKWURAH, NATHANIEL c
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`ART UNIT
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`3721
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`05/22/2007
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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):
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`gbpatent@gbpatent.com
`pto@gbpatent.com
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`PTOL-90A (Rev. 04/07)
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`

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`
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`Application No.
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`-
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`Applicant(s)
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` I
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`Advisory Action
`Before the Filing of an Appeal Brief
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`‘
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`‘
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`. 11/126,338
`Examine,
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`Nathaniel C. Chukwurah
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`SHIMIZU ET AL.
`Art Unit
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`3721 -
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`--The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
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`THE REPLY FILED 30 April 2007 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
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`1. IE The reply was filed after a final rejection, but prior to or on the same day as filing a Notice of Appeal. To avoid abandonment of
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`this application, applicant must timely file one of the following replies: (1) an amendment, affidavit, or other evidence, which
`places the application in condition for allowance; (2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or (3)
`a Request for Continued Examination (RCE) in compliance with 37 CFR 1.114. The reply must be filed within one of the following
`time periods:
`‘
`a) E] The period for reply expires
`months from the mailing date of the final rejection.
`b) E The period for reply expires on: (1) the mailing date of this Advisory Action, or (2) the date set forth in the final rejection, whichever is later.
`no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
`Examiner Note: If box 1 is checked, check either box (a) or (b). ONLY CHECK BOX (b) WHEN THE FIRST REPLY WAS FILED WITHIN
`TWO MONTHS OF THE FINAL REJECTION. See MPEP 706.07(f).
`Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate extension fee
`have been filed is the date for purposes of determining the period of extension and the corresponding amount of the fee. The appropriate extension fee
`under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally set in the final Office action; or (2) as
`set forth in (b) above, it checked. Any reply received by the Office later than three months after the mailing date of the final rejection. evenif timely filed.
`may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`NOTICE OF APPEAL
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`In
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`. A brief in compliance with 37 CFR 41.37 must be filed within two months of the date of
`2. [j The Notice of Appeal was filed on
`filing the Notice of Appeal (37 CFR 41 .37(a)). or any extension thereof (37 CFR 41 .37(a)). to avoid dismissal of the appeal. Since
`a Notice of Appeal has been filed, any reply must be filed within the time period set forth in 37 CFR 41 .37(a).
`AMENDMENTS
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`3. E] The proposed amendment(s) filed after a final rejection, but prior to the date of filing a brief, will n_o_t be entered because
`(a)Ij They raise new issues that would require further consideration and/or search (see NOTE below);
`(b)I:] They raise the issue of new matter (see NOTE below);
`(c) IX] They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; and/or
`(d)I:I They present additional claims without canceling a corresponding number of finally rejected claims.
`NOTE: See Continuation Sheet. (See 37 CFR 1.116 and 41 .33(a)).
`4. [:1 The amendments are not in compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. E] Applicant's reply has overcome the following rejection(s):
`6. [j Newly proposed or amended claim(s)
`would be allowable if submitted in a separate, timely filed amendment canceling the
`non-allowable claim(s),
`7. X For purposes of appeal. the proposed amendment(s): a) [XI will not be entered. or b) I] will be entered and an explanation of
`how the new or amended claims would be rejected is provided below or appended.
`The status of the claim(s) is (or will be) as follows:
`Claim(s) allowed:
`Claim(s) objected to:
`Claim(s) rejected: 1-_12.
`Claim(s) withdrawn from consideration:
`AFFIDAVIT OR OTHER EVIDENCE
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`8. [I The affidavit or other evidence filed after a final action, but before or on the date of filing a Notice of Appeal will n_ot be entered
`because annlicant failed to nmvidp. a shnwinn of (mod and sufficient mast-mg whv the affidavit nr nthor nvidpnnn ie nnnoccnnl and
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`_-v
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`- continuation Sheet (PTO-303)
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`Application No. 11/126,338
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`Continuation of 3. NOTE:
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`it is known in the art to retighten fastener when torque is less than predetermined fastening torque.
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