`
`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 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`14/007,681
`
`
`
`
` FILING DATE
`
`09/26/2013
`
`RATNERPRESTIA
`P.O. BOX 980
`VALLEY FORGE, PA 19482-0980
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Masahiro Yamamoto
`
`MTS-3683US
`
`5830
`
`ABRAHAM,IBRAHIME A
`
`ART UNIT
`
`1756
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/11/2016
`
`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):
`ptocorrespondence @ratnerprestia.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`/RODNEY G. MCDONALD/
`Primary Examiner, Art Unit 1756
`U.S. Patent and Trademark Office
`PTOL-303 (Rev. 08-2013)
`
`/IBRAHIME A ABRAHAM/
`Examiner, Art Unit 1756
`
`Advisory Action Before the Filing of an Appeal Brief
`
`Part of Paper No. 20160129
`
`Advisory Action
`Before the Filing of an Appeal Brief
`
`Application No.
`14/007,681
`Examiner
`IBRAHIME A. ABRAHAM
`
`Applicant(s)
`YAMAMOTO, MASAHIRO
`Art Unit
`AIA(First Inventorto File) Status
`1756
`No
`
`In
`
`--The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`THE REPLY FILED 21 January 2016 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`NONOTICEOFAPPEALFILED
`1. X] Thereply wasfiled after a final rejection. No Notice of Appeal has beenfiled. To avoid abandonmentofthis application, applicant must timelyfile 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 RCEsare not permitted in design applications. The reply must be filed within one of the
`following time periods:
`a) XX] The period for reply expires 3months from the mailing date of thefinal rejection.
`b) | The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whicheveris later.
`no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
`Cc) | A prior Advisory Action was mailed more than 3 monthsafter the mailing date of the final rejection in response toa 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.
`ExaminerNote: |f box 1 is checked, check either box (a), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANT’S FIRST AFTER-FINAL REPLY WHICH WASFILED 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 amountof 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 (c) above, if checked. Any reply received by the Office later than three monthsafter 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
`. A brief in compliance with 37 CFR 41.37 must befiled within two months of the date offiling the
`2. L] The Notice of Appeal wasfiled 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 mustbe filed within the time period set forth in 37 CFR 41.37(a).
`AMENDMENTS
`3. Xx The proposed amendmentsfiled after a final rejection, but prior to the date offiling a brief, will not be entered because
`a) X Theyraise new issues that would require further consideration and/or search (see NOTEbelow);
`b) C Theyraise the issue of new matter (see NOTE below);
`Cc) X 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) C Theypresent additional claims without canceling a corresponding numberoffinally rejected claims.
`NOTE: See Continuation Sheet. (See 37 CFR 1.116 and 41.33(a)).
`4.(] The amendments arenotin compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. Cc Applicant's reply has overcomethe following rejection(s):
`6.C] Newly proposed or amended claim(s)
`would be allowable if submitted in a separate, timely filed amendment canceling the non-
`allowable claim(s).
`7. Xx For purposes of appeal, the proposed amendment(s): (a) KX] will not be entered, or (b) [] 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
`:
`s.LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`9. 1 Theaffidavit or other evidencefiled after final action, but before or on the dateoffiling a Notice of Appeal will not 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(e).
`10. CJ Theaffidavit or other evidencefiled after the date offiling the Notice of Appeal, but prior to the dateoffiling a brief, will not be entered
`becausetheaffidavit or other evidence failed to overcome all rejections under appeal and/or appellant fails to provide a showing of good and
`sufficient reasons whyit is necessary and was not earlier presented. See 37 CFR 41.33(d)(1).
`11. 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. J The request for reconsideration has been considered but does NOTplace the application in condition for allowance because:
`Please see office action dated 10/28/2015...
`
`13. [J Note the attached Information Disclosure Statement(s). (PTO/SB/08) Paper No(s).
`14. [J Other:
`.
`STATUS OF CLAIMS
`
`15. The status of the claim(s)is (or will be) as follows:
`Claim(s) allowed:
`Claim(s) objected to:
`Claim(s) rejected: 1-16.
`Claim(s) withdrawn from consideration:
`
`

`

`Continuation Sheet (PTOL-303)
`
`Application No. 14/007,681
`
`Continuation of 3. NOTE: Claim amendments would require further search and consideration..
`
`