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www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`
`15/352,739
`
`11/16/2016
`
`Taichi NAKAMURA
`
`PIPMM-56684
`
`7476
`
`759°
`52°“
`PEARNE & GORDON LLP
`
`01’2””
`
`1801 EAST 9TH STREET
`SUITE 1200
`
`CLEVELAND, OH 44114-3108
`
`P0LLEY~ CHRISTOPHER M
`
`1785
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/28/2019
`
`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):
`
`patdoeket@pearne.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Off/09 A0170” Summary
`
`Application No.
`15/352,739
`Examiner
`CHRISTOPHER M POLLEY
`
`Applicant(s)
`NAKAMURA et al.
`Art Unit
`AIA Status
`1785
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`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). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
`
`1). Responsive to communication(s) filed on 10/22/18.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s) fl is/are withdrawn from consideration.
`
`E] Claim(s) _ is/are allowed.
`
`Claim(s) 11—12 is/are rejected.
`
`Claim(s) fl is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`E] Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.usptogov/patents/init_event§/pph/index.'§p or send an inquiry to PPeredhagk@usptg.ggv.
`
`Application Papers
`
`10)D The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 11/16/16 is/are: a). accepted or b)[:] 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).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12). Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a). All
`
`b)l:] Some”
`
`c)l:I None of the:
`
`1.. Certified copies of the priority documents have been received.
`
`2.8 Certified copies of the priority documents have been received in Application No.
`
`31:] Copies of the certified copies of the priority documents have been received in this National Stage
`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.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20190122
`
`

`

`Application/Control Number: 15/352,739
`Art Unit: 1785
`
`Page 2
`
`DETAILED CORRESPONDENCE
`
`Election/Restrictions
`
`1.
`
`Applicant’s election of group II, claims 11-13 in the reply filed on 10/22/18 is acknowledged.
`
`Because applicant did not distinctly and specifically point out the supposed errors in the restriction
`
`requirement, the election has been treated as an election without traverse (M PEP § 818.01(a)).
`
`2.
`
`Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being
`
`drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made
`
`without traverse in the reply filed on 10/22/18.
`
`3.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
`
`Claim Rejections - 35 USC § 103
`
`set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forth in section 102, if the differences between the claimed invention
`and the prior art are such that the claimed invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having ordinary skill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`4.
`
`Claim 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Oribe et al (WO
`
`2013121733 which has been machine translated).
`
`a.
`
`Oribe et al disclose an air filter manufacturing method, wherein the air filter is prepared
`
`by first preparing a first nonwoven fabric layer, depositing a raw material resin and raw material
`
`of second fibers on said first nonwoven layer with a solvent to dissolve the raw material resin
`
`layer and a third nonwoven fabric layer. As seen in figure 3, the fibers of the first nonwoven are
`
`larger than the fibers of the second fibers. Also as seen in figure 3, the second layer has a first
`
`and a second region wherein the density of the fibers in the second region is lower than a
`
`

`

`Application/Control Number: 15/352,739
`Art Unit: 1785
`
`Page 3
`
`density of the fibers in the first region. However this reference is silent to the use of supplying
`
`an adhesive between the second nonwoven layer and the third nonwoven layer.
`
`It would have been obvious to one of ordinary skill in the art to have modified Oribe and
`
`supplied an adhesive between the second nonwoven fabric and the third nonwoven fabric
`
`because Oribe discloses the use of hot melt polymers and therefore one of ordinary skill in the
`
`art would use an adhesive between the second and third fabric layer as it would increase the
`
`adhesion between the two layers. By using an adhesive under heat and pressure the adhesive
`
`would be located between a portion of the first nonwoven fabric facing the second region and a
`
`portion of the third nonwoven fabric facing the second region.
`
`It should be noted that this claim does not limit the structure of the second nonwoven
`
`fabric to an alternating structure within a single layer as it is still open to a stacked structure.
`
`b.
`
`As to claim 12, the second nonwoven fabric is formed using an electrostatic spinning
`
`method.
`
`Allowable Subject Matter
`
`5.
`
`Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable
`
`if rewritten in independent form including all of the limitations of the base claim and any intervening
`
`claims.
`
`The prior art fails to teach an alternating structure of regions of high and low density.
`
`

`

`Application/Control Number: 15/352,739
`Art Unit: 1785
`
`Page 4
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to CHRISTOPHER M POLLEY whose telephone number is (571)270-5734. The
`
`examiner can normally be reached on Monday through Friday from 8am till 4:30 pm.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
`
`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Mark Ruthkosky can be reached on 5712721291. The fax phone number for the organization where this
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see http://pair-
`
`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
`
`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
`
`CANADA) or 571-272-1000.
`
`/CHRISTOPHER M POLLEY/
`
`Primary Examiner, Art Unit 1785
`
`

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