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
`www.uspto.gov
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`14/479,936
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`09/08/2014
`
`Yuki MARUYAMA
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`20249.0116USD1
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`1924
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`HAMRE, SCHUMANN, MUELLER & LARSON P.C.
`PO. BOX 2902
`MINNEAPOLIS, MN 55402-0902
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`FAN, LYNN Y
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`PAPER NUIVIBER
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`ART UNIT
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`1651
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`NOTIFICATION DATE
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`DELIVERY MODE
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`06/ 10/2015
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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):
`PTOMail @hsml.c0m
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`PTOL—90A (Rev. 04/07)
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`

`

`
`
`Applicant(s)
`Application No.
` 14/479,936 MARUYAMA ET AL.
`
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`1651Lynn Y. Fan a?”
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from 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) MONTHS from 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`In no event, however, may a reply be timely filed
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`-
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`Status
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`1)I:I Responsive to communication(s) filed on
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)|XI Claim(s) 15—19is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)|:l Claim(s) _ is/are allowed.
`7)I:l Claim(s) _ is/are rejected.
`8)I:I Claim(s) _ is/are objected to.
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`15—19 are subject to restriction and/or election requirement.
`9)|XI Claim(s
`I
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events"
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`
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`h/index.‘s or send an inquiry to PF"I-Ifeedback{<‘buspto.qov.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some” c)I:I None of the:
`a)I:I All
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in this National Stage
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`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.
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`Attachment(s)
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`
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`3) D Interview Summary (PT0_413)
`1) D Notice of References Cited (PTO-892)
`Paper No(s)/Mai| Date.
`.
`.
`—
`4) I:I Other'
`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
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`Paper No(s)/Mai| Date .
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20150603
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`

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`Application/Control Number: 14/479,936
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`Page 2
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`Art Unit: 1651
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`DETAILED ACTION
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`The present application is being examined under the pre—AIA first to invent provisions.
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`Election/Restrictions
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`1.
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`Restriction to one of the following inventions is required under 35 U.S.C. 121:
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`Group 1.
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`Claims 15 and 17—19, drawn to an analysis device, classified in CPC class
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`G01, subclass G01N, group 33/92, for example.
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`Group II.
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`Claim 16, drawn to an analysis device, classified in CPC class B01,
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`subclass B01J, group 2219/00722, for example.
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`The inventions are distinct, each from the other because of the following reasons:
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`2.
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`The several inventions above are independent and distinct, each from the other. They
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`have acquired a separate status in the art as a separate subject for inventive effect and require
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`independent searches (as indicated by the different classification). The search for each of the
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`above inventions is not co—extensive particularly with regard to the literature search. Further, a
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`reference, which would anticipate the invention of one group would not necessarily anticipate or
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`even make obvious another group.
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`Because these inventions are distinct for the reasons given above and the search required
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`for one group is not required for the other groups, restriction for examination purposes as
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`indicated is proper.
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`3.
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`Applicant is advised that the reply to this requirement to be complete must include (i)
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`an election of an invention to be examined even though the requirement may be traversed (37
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`CFR 1.143) and (ii) identification of the claims encompassing the elected species, including
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`

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`Application/Control Number: 14/479,936
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`Page 3
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`Art Unit: 1651
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`any claims subsequently added. An argument that a claim is allowable or that all claims are
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`generic is considered nonresponsive unless accompanied by an election.
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`The election of an invention may be made with or without traverse. To reserve a right to
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`petition, the election must be made with traverse. If the reply does not distinctly and specifically
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`point out supposed errors in the restriction requirement, the election shall be treated as an
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`election without traverse. Traversal must be presented at the time of election in order to be
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`considered timely. Failure to timely traverse the requirement will result in the loss of right to
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`petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate
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`which of these claims are readable upon the elected invention.
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`Should applicant traverse on the ground that the inventions are not patentably distinct,
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`applicant should submit evidence or identify such evidence now of record showing the
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`inventions to be obvious variants or clearly admit on the record that this is the case. In either
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`instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence
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`or admission may be used in a rejection under 35 U.S.C. 103(a) of the other invention.
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`4.
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`Applicant is reminded that upon the cancellation of claims to a non—elected invention, the
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`inventorship must be amended in compliance with 37 CFR 1.48(b) if one or more of the
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`currently named inventors is no longer an inventor of at least one claim remaining in the
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`application. Any amendment of inventorship must be accompanied by a request under 37 CFR
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`1.48(b) and by the fee required under 37 CFR l.17(i).
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Lynn Y. Fan whose telephone number is (571)270—3541. The
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`examiner can normally be reached on M—Th 8am—5pm.
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`

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`Application/Control Number: 14/479,936
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`Page 4
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`Art Unit: 1651
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Robert Mondesi can be reached on (571)272—0956. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
`
`/ Lynn Y. Fan /
`Examiner, Art Unit 1651
`
`