`
`U.S. Pat. Appl. No. 15/699,091
`
`REMARKS
`
`Applicant initially expresses appreciation to the Examiner for the detailed Office Action
`
`provided. Applicant also expresses appreciation for the indication that claim 2 is allowed.
`
`Upon entry of the present paper, claims 1 and 3 will have been cancelled. Thus, claim 2
`
`(which is indicated to be allowed) will be the only claim pending in the present application, with
`
`claim 2 being in independent form.
`
`The cancellation of the claims is not an acquiescence in the propriety of the rejection, but
`
`rather, comprises a sincere effort by Applicant to obtain an early allowance.
`
`In this regard,
`
`Applicant expressly reserves the right to file one or more continuing applications directed to the
`
`subject matter of the previously presented claims, as well as any additional subject matter of the
`
`present application.
`
`Applicant briefly addresses the pending rejection and respectfully requests an allowance
`
`of the present application. Such action is submitted to be appropriate for at least the reasons
`
`provided below.
`
`35 U.S.C.
`
`103 Claim Re'ection
`
`Claims 1 and 3 are rejected under 35 U.S.C. § 103 as being unpatentable over U.S. Pat.
`
`Appl. Pub. No. 2014/0125696 to Newton et al. (hereinafter “NEWTON”) in view of U.S. Pat.
`
`Appl. Pub. No. 2013/0279883 to Ogawa et al. (hereinafter “OGAWA”).
`
`As discussed above, without acquiescing in the propriety of the rejection, claims 1 and 3
`
`are canceled by the present paper. Thus, it is submitted that the grounds of the rejection are
`
`moot, and it is requested that the rejection be withdrawn in the next Official communication.
`
`{P53367 04166750.DOC}
`4
`
`
`
`P53367.AO7
`
`U.S. Pat. Appl. No. 15/699,091
`
`Allowable Subject Matter
`
`Page 11 of the Final Office Action indicates that claim 2 is allowed. Applicant expresses
`
`appreciation for such indication and requests that
`
`it be maintained in the next Official
`
`communication.
`
`At least in View of the above, each and every pending claim of the present application
`
`(i.e., claim 2) is in condition for allowance. Thus, the Examiner is requested to Withdraw the
`
`outstanding rejection and to allow the present application.
`
`{P53367 04166750.DOC}
`5
`
`
`
`P53367.AO7
`
`U.S. Pat. Appl. No. 15/699,091
`
`CONCLUSION
`
`In view of the fact that none of the art of record, whether considered alone, or in any
`
`proper combination thereof, discloses or renders obvious the pending claims of the present
`
`application, and in further view of the above remarks, allowance of the present application is
`
`respectfully requested and submitted to be appropriate.
`
`Applicant notes that the status of the present application is after a final rejection and that
`
`once a final rejection has issued, an applicant does not have a right to amend an application.
`
`Nevertheless, pursuant
`
`to M.P.E.P. §7l4.l3, Applicant contends that entry of the present
`
`amendment is appropriate because the cancellation of claims avoids the rejections set forth in the
`
`last Official Action, resulting in the application being placed in condition for allowance. Further,
`
`the cancellation of claims does not present any new issues that would require any further
`
`consideration or search by the Examiner, and the amendment does not present any additional
`
`claims without canceling a like number of pending claims. Accordingly, entry of the present
`
`amendment is respectfully requested.
`
`Should an extension of time be necessary to maintain the pendency of this application,
`
`including any extensions of time required to place the application in condition for allowance by
`
`an Examiner's Amendment, the Commissioner is hereby authorized to charge any additional fee
`
`to Deposit Account No. 19—0089.
`
`{P53367 04166750.DOC}
`6
`
`
`
`P53367.A07
`
`U.S. Pat. Appl. No. 15/699,091
`
`If there should be any questions concerning this application, the Examiner is invited to
`
`contact the undersigned at the telephone number listed below.
`
`Respectfully Submitted,
`Hiroshi YAHATA et al.
`
`/James P. Bonnamy/
`Reg. No. 63,649
`James P. Bonnamy
`
`Bruce H. Bernstein
`
`Reg. No. 29027
`
`January 3, 2020
`GREENBLUM & BERNSTEIN, P.L.C.
`1950 Roland Clarke Place
`
`Reston, VA 20191
`
`(703) 716-1191
`
`{P53367 04166750.DOC}
`7
`
`
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