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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
`wwwusptogov
`
`
`
`
`
`14/479,936
`
`09/08/2014
`
`Yuki MARUYAMA
`
`20249.0116USD1
`
`1924
`
`07’1““ —HAMRE, SCHUMANN,MUELLER&LARSONP.C. m
`7590
`53148
`45 South Seventh Street
`FAN, LYNN Y
`Suite 2700
`MINNEAPOLIS, MN 55402- 1683
`
`PAPER NUMBER
`
`ART UNIT
`1651
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/12/2016
`
`ELECTRONIC
`
`Please find below and/0r 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):
`PTOMail @hsml.com
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`
`Applicant(s)
`
`
`
`
` . . . . 14/479,936 MARUYAMA ET AL.
`
`
`Examiner-Initiated Interwew Summary
`_
`_
`Examiner
`Art UnIt
`
`Lynn Y. Fan
`
`1651
`
`All participants (applicant, applicant’s representative, PTO personnel):
`
`(1) AM-
`
`(2) R. Christine Yang.
`
`Date of Interview: 08 July 2016.
`
`(3)_-
`
`(4)
`
`.
`
`Type:
`
`I] Video Conference
`IZI Telephonic
`[I Personal [copy given to: I] applicant
`
`I] applicant’s representative]
`
`Exhibit shown or demonstration conducted:
`
`If Yes, brief description:
`
`[I Yes
`
`IXI No.
`
`Issues Discussed D101 D112 D102 D103 DOthers
`(For each of the checked b0x(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: M.
`
`Identification of prior art discussed: M.
`
`Substance of Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc...)
`
`AQg/icant’s request for entry into AFCP 2.0 is acknowledged, and the grogosed amendments have been fully
`considered. The after final amendment raises new issues, but would overcome all of the reiections in the most recent
`final Office action. A decision on determining allowabilitz could not be made Within the guidelines of the Qilot.
`
`Applicant recordation instructions:
`
`It is not necessary for applicant to provide a separate record of the substance of interview.
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of the
`substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`I] Attachment
`
`/Lynn Y Fan/
`
`Examiner, Art Unit 1651 US. Patent and Trademark Office
`
`PTOL-41sB (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20160708
`
`
`
`

`

`Advisory Action
`Before the Filing of an Appeal Brief
`
`Application No.
`14/479,936
`Examiner
`Lynn Y. Fan
`
`Applicant(s)
`MARUYAMA ET AL.
`Art Unit
`AIA (First Inventor to File) Status
`1651
`No
`
`--The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`THE REPLY FILED 01 July 2016 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`NO NOTICE OF APPEAL FILED
`
`1. XI The reply was filed after a final rejection. No Notice of Appeal has been filed. To avoid abandonment of 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 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply must be filed within one of the
`following time periods:
`The period for reply expires gmonths from the mailing date of the final rejection.
`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.
`A prior Advisory Action was mailed more than 3 months after the mailing date of the final rejection in response to a first after-final reply filed
`within 2 months of the mailing date of the final rejection. The current period for reply expires
`months from the mailing date of
`the prior Advisory Action or SIX MONTHS from the mailing date of the final rejection, whichever is earlier.
`Examiner Note: If box 1 is checked, check either box (
`), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANT‘S FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL
`REJECTION. ONLY CHECK BOX (c) IN THE LIMITED SITUATION SET FORTH UNDER BOX (c). 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) or (0) above, if checked. Any reply received by the Office later than three months after the mailing date of the
`final rejection, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`NOTICE OF APPEAL
`
`In
`
`. A brief in compliance with 37 CFR 41.37 must be filed within two months of the date of filing the
`2. [I The Notice of Appeal was filed on
`Notice of Appeal (37 CFR 41 .37(a)), or any extension thereof (37 CFR 41 .37(e)), 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( ).
`
`W 3
`
`. E The proposed amendments filed after a final rejection, but prior to the date of filing a brief, will n_ot be entered because
`a) IX 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);
`0)
`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 They present additional claims without canceling a corresponding number of finally rejected claims.
`NOTE: See Continuation Sheet. (See 37 CFR 1.1 16 and 41 .33( )).
`4. [I The amendments are not in compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. El Applicant’s reply has overcome the following rejection(s):
`would be allowable if submitted in a separate, timely filed amendment canceling the non-
`6. El Newly proposed or amended claim(s)
`allowable claim( ).
`7. E For purposes of appeal, the proposed amendment(s): (a) IE 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.
`AFFIDAVIT OR OTHER EVIDENCE
`
`8. [I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`9. I] The affidavit or other evidence filed after final action, but before or on the date of filing a Notice of Appeal will n_ot be entered because
`applicant failed to provide a showing of good and sufficient reasons why the affidavit or other evidence is necessary and was not earlier
`presented. See 37 CFR 1.116( ).
`10. [I The affidavit or other evidence filed after the date of filing the Notice of Appeal, but prior to the date of filing a brief, will n_ot be entered
`because the affidavit or other evidence failed to overcome a_H rejections under appeal and/or appellant fails to provide a showing of good and
`sufficient reasons why it is necessary and was not earlier presented. See 37 CFR 41 .33(d)(1).
`11. I] The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
`REQUEST FOR RECONSIDERATION/OTHER
`
`12. IX The request for reconsideration has been considered but does NOT place the application in condition for allowance because:
`Applicant‘s request for entry into AFCP 2.0 is acknowledged, and the proposed amendments have been fully considered. The after final
`amendment raises new issues, but would overcome all of the re'ections in the Office action filed on 4/21/2016. A decision on determining
`allowability could not be made within the guidelines of the pilot, since the updated search performed within the time authorized for the pilot
`program is not complete.
`
`
`
`Applicant argues that the cited references do not teach the claimed additive as recited in the amended claim 15. However, applicant‘s arguments
`are directed to limitations which have not been entered.
`
`13. El Note the attached Information Disclosure Statement(s). (PTO/SB/08) Paper No( ).
`14. X Other: PTO-2323 PTO-413B.
`A
`
`US. Patent and Trademark Office
`PTOL-303 (Rev. 08-2013)
`
`/Lynn Y Fan/
`Examiner, Art Unit 1651
`
`Advisory Action Before the Filing of an Appeal Brief
`
`Part of Paper No. 20160708
`
`

`

`Continuation Sheet (PTOL-303)
`
`Application No. 14/479,936
`
`Continuation of 3. NOTE: Amended claims exclude alanine as an additive. This limitation was not previously required and changes the
`scope of the claims. The claim amendments would require a new search as it does differentiate over the cited prior art.
`
`