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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/217,774
`
`12/12/2018
`
`Yohei Muroya
`
`P181257US00
`
`4208
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`USYATINSKY, ALEXANDER
`
`ART UNIT
`1727
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/17/2021
`
`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):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`16/217,774
`Muroyaet al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ALEXANDER USYATINSKY
`1727
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 08/27/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-3 and 6-17 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Claim(s) 1-3 and 6-17 is/are allowed.
`(J Claim(s)___ is/are rejected.
`(1 Claim(s)__is/are objectedto.
`CJ) Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible 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.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)¥] The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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)1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) Copies of the certified copies of the priority documents have been receivedin 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210913
`
`

`

`Application/Control Number: 16/217,774
`Art Unit: 1727
`
`Page 2
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`DETAILED ACTION
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`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claims Status.
`
`2.
`
`This Office Action is responsive to the amendmentfiled on 08/27/2021. Claims 1 -
`
`9 were pending. Claims 4-5 have been cancelled. Claims 1, 3, 6-8 have been
`
`amended. Claims 10-17 have been added. Claims 1-3, 6-17 are now pending. Claims
`
`1-3,6-17 are presented for examination. Applicant's arguments have been considered.
`
`Response to Amendment
`
`3.
`
`The rejection of claims 1-9 under 35 U.S.C. § 112 (b) set forth in the Office
`
`Action of 05/27/2021 is withdrawn in response to the Amendmentsfiled on 08/27/2021.
`
`Specification
`
`4.
`
`A substitute specification the claims is required pursuant to 37 CFR 1.125(a)
`
`because the newly introducedlimitations intermediate layer and intermediate member
`
`are not present in description of Drawings and throughout instant Specification. The
`
`structural element recited in newly introducedlimitation are not a new matter and
`
`presented in Drawings and throughoutinstant Specification as “heat resisting layer” or
`
`“heat resistant member” i.e. not as instantly claimed.
`
`5.
`
`Applicant is invited to amend the instant Specification by replacing heat resistant
`
`on intermediate layer/member or adding the word “intermediate” to corresponding heat
`
`resistant layer or member such us “intermediate heat resistant layer”
`
`A substitute specification must not contain new matter. The substitute
`
`specification must be submitted with markings showing all the changes relative to the
`
`

`

`Application/Control Number: 16/217,774
`Art Unit: 1727
`
`Page 3
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`immediate prior version of the specification of record. The text of any added subject
`
`matter must be shown by underlining the addedtext. The text of any deleted matter
`
`must be shownbystrike-through except that double brackets placed before and after
`
`the deleted characters may be used to show deletion of five or fewer consecutive
`
`characters. The text of any deleted subject matter must be shownby being placed
`
`within double bracketsif strike-through cannot be easily perceived. An accompanying
`
`clean version (without markings) and a statementthat the substitute specification
`
`contains no new matter must also be supplied. Numbering the paragraphs of the
`
`specification of record is not considered a change that must be shown.
`
`Response to Arguments
`
`4.
`
`The provisional rejection of claim 1 on the ground of non-statutory Double
`
`Patenting set forth in the Office Action of 05/27/2021 is withdrawn in response to the
`
`Amendmentsfiled on 08/27/2021.
`
`Allowable Subject Matter
`
`6.
`
`Claims 1-3, 6-17 are allowed.
`
`Conclusion
`
`7.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst replyis filed within
`
`TWO MONTHS ofthe mailing date ofthis final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTH shortenedstatutory period, then the
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`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`

`

`Application/Control Number: 16/217,774
`Art Unit: 1727
`
`Page 4
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`extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
`
`the advisory action.
`
`In no event, however, will the statutory period for reply expire later
`
`than SIX MONTHS from the mailing date ofthis final action.
`
`8.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ALEXANDER USYATINSKY whosetelephone number
`
`is (571)270-7703. The examiner can normally be reached on IFP.
`
`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:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Barbara Gilliam can be reached on 5712721330. 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 https://ppair-
`
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`If you would like assistance from a USPTO Customer Service Representative or access
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`
`272-1000.
`
`

`

`Application/Control Number: 16/217,774
`Art Unit: 1727
`
`/Alexander Usyatinsky/
`Primary Examiner, Art Unit 1727
`
`Page 5
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`