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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
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`15/352,739
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`11/16/2016
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`Taichi NAKAMURA
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`PIPMM-56684
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`7476
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`759°
`52°“
`PEARNE & GORDON LLP
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`01’2””
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`1801 EAST 9TH STREET
`SUITE 1200
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`CLEVELAND, OH 44114-3108
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`P0LLEY~ CHRISTOPHER M
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`1785
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`01/28/2019
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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
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`following e—mail address(es):
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`patdoeket@pearne.eom
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`PTOL-90A (Rev. 04/07)
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`
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`Off/09 A0170” Summary
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`Application No.
`15/352,739
`Examiner
`CHRISTOPHER M POLLEY
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`Applicant(s)
`NAKAMURA et al.
`Art Unit
`AIA Status
`1785
`Yes
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`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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). 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).
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`Status
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`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
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`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.
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`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.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s) fl is/are withdrawn from consideration.
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`E] Claim(s) _ is/are allowed.
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`Claim(s) 11—12 is/are rejected.
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`Claim(s) fl is/are objected to.
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`) ) ) )
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`6 7
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`8
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`
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`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
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.usptogov/patents/init_event§/pph/index.'§p or send an inquiry to PPeredhagk@usptg.ggv.
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`Application Papers
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`10)D The specification is objected to by the Examiner.
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`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).
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`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:
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`a). All
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`b)l:] Some”
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`c)l:I None of the:
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`1.. Certified copies of the priority documents have been received.
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`2.8 Certified copies of the priority documents have been received in Application No.
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`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)).
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`** 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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`1)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
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`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190122
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`
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`Application/Control Number: 15/352,739
`Art Unit: 1785
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`Page 2
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`DETAILED CORRESPONDENCE
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`Election/Restrictions
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`1.
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`Applicant’s election of group II, claims 11-13 in the reply filed on 10/22/18 is acknowledged.
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`Because applicant did not distinctly and specifically point out the supposed errors in the restriction
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`requirement, the election has been treated as an election without traverse (M PEP § 818.01(a)).
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`2.
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`Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being
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`drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made
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`without traverse in the reply filed on 10/22/18.
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`3.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`Claim Rejections - 35 USC § 103
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`set forth in this Office action:
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`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.
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`4.
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`Claim 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Oribe et al (WO
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`2013121733 which has been machine translated).
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`a.
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`Oribe et al disclose an air filter manufacturing method, wherein the air filter is prepared
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`by first preparing a first nonwoven fabric layer, depositing a raw material resin and raw material
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`of second fibers on said first nonwoven layer with a solvent to dissolve the raw material resin
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`layer and a third nonwoven fabric layer. As seen in figure 3, the fibers of the first nonwoven are
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`larger than the fibers of the second fibers. Also as seen in figure 3, the second layer has a first
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`and a second region wherein the density of the fibers in the second region is lower than a
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`Application/Control Number: 15/352,739
`Art Unit: 1785
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`Page 3
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`density of the fibers in the first region. However this reference is silent to the use of supplying
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`an adhesive between the second nonwoven layer and the third nonwoven layer.
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`It would have been obvious to one of ordinary skill in the art to have modified Oribe and
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`supplied an adhesive between the second nonwoven fabric and the third nonwoven fabric
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`because Oribe discloses the use of hot melt polymers and therefore one of ordinary skill in the
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`art would use an adhesive between the second and third fabric layer as it would increase the
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`adhesion between the two layers. By using an adhesive under heat and pressure the adhesive
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`would be located between a portion of the first nonwoven fabric facing the second region and a
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`portion of the third nonwoven fabric facing the second region.
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`It should be noted that this claim does not limit the structure of the second nonwoven
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`fabric to an alternating structure within a single layer as it is still open to a stacked structure.
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`b.
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`As to claim 12, the second nonwoven fabric is formed using an electrostatic spinning
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`method.
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`Allowable Subject Matter
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`5.
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`Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable
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`if rewritten in independent form including all of the limitations of the base claim and any intervening
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`claims.
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`The prior art fails to teach an alternating structure of regions of high and low density.
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`Application/Control Number: 15/352,739
`Art Unit: 1785
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`Page 4
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to CHRISTOPHER M POLLEY whose telephone number is (571)270-5734. The
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`examiner can normally be reached on Monday through Friday from 8am till 4:30 pm.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Mark Ruthkosky can be reached on 5712721291. The fax phone number for the organization where this
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`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 Application
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`Information Retrieval (PAIR) system. Status information for published applications may be obtained
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`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
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`through Private PAIR only. For more information about the PAIR system, see http://pair-
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`direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer
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`Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR
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`CANADA) or 571-272-1000.
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`/CHRISTOPHER M POLLEY/
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`Primary Examiner, Art Unit 1785
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`