www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/577,342
`
`09/20/2019
`
`Takashi KAMBARA
`
`HOKUP0395US
`
`2495
`
`MARKD. SARALINO (PAN)
`RENNER, OTTO, BOISSELLE & SKLAR, LLP
`1621 EUCLID AVENUE
`ISTH FLOOR
`
`CLEVELAND, OH 44115
`
`LE, TUNG X
`
`2844
`
`09/24/2020
`
`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):
`
`ipdocket @rennerotto.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/577,342
`Examiner
`TUNG X LE
`
`Applicant(s)
`KAMBARAetal.
`Art Unit
`AIA (FITF) Status
`2844
`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 2 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 RCE 9/4/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)(J This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on__; the restriction requirement and election have been incorporatedinto 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Disposition of Claims*
`1-5 and 7-13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CL) Claim(s)
`is/are allowed.
`02 Claim(s
`)
`is/are rejected.
`Claim(s) 1-5 and 7-13 is/are objected to.
`CL) Claim(s)
`are subjectto 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)) 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a)L) All
`1... 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 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)
`
`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 20200920
`
`

`

`Application/Control Number: 16/577,342
`Art Unit: 2844
`
`Page 2
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`DETAILED ACTION
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`The present application, filed on or afier March 16, 2013, is being examined underthefirst
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`inventor to file provisions of the AIA.
`
`This Office Action is in response to the Applicant’s request for continued examination
`
`(RCE)filed on September 04, 2020. In virtue ofthis filing:
`
`e Claim 6 is cancelled;
`
`e Claim 13 is newly added; and thus,
`
`e Claims 1-5 and 7-13 are now pending in the instant application.
`
`Continued Examination
`
`1.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), wasfiled in this application after final rejection. Since this application is
`
`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e)
`
`has been timely paid, the finality of the previous Office action has been withdrawn pursuant to
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`37 CFR 1.114. Applicant's submission filed on 09/04/2020 has been entered.
`
`2.
`
`This application is in condition for allowance except for the following formal matters:
`
`Quayle Action
`
`Claims 1, 7 and 12-13 are objected to because of the following informalities:
`
`Claim 1, in line 12, --wherein-- should be inserted after “the specification,”
`
`Claim 7, in line 12, --wherein-- should be inserted after “the specification,”
`
`Claim 12, in line 14, --wherein-- should be inserted after “the specification,”
`
`Claim 13, in line 13, --wherein-- should be inserted after “the specification,”
`
`Appropriate correction is required.
`
`3.
`
`Claims 2-5 and 8-11 are also objected as being dependent upon objected claims 1 and 7.
`
`

`

`Application/Control Number: 16/577,342
`Art Unit: 2844
`
`Page 3
`
`4.
`
`Prosecution on the merits is closed in accordance with the practice under Ex parte
`
`Quayle, 25 USPQ 74, 453 O.G. 213, (Comm’r Pat. 1935).
`
`A shortened statutory period for reply to this action is set to expire TWO (2) MONTHS
`
`from the mailing date of this letter. Extensions of time may be granted under 37 CFR 1.136 but
`
`in no case can any extension carry the date for reply to this Office action beyond the maximum
`
`period of SIX MONTHS setby statute (35 U.S.C. 133).
`
`Allowable Subject Matter
`
`5.
`
`Claims 1-5 and 7-13 would be allowable if corrected to overcomethe objection set forth
`
`above.
`
`Conclusion
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`6.
`
`The prior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`Prior art Xia et al. — US 5,872,429
`
`Prior art Mednik et al. — US 2015/0022168
`
`Prior art Trattler — US 2014/0292220
`
`Prior art Takata — US 2014/0042992
`
`7.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TUNG X LE whosetelephone numberis (571)272-6010. The
`
`examiner can normally be reached on Mondayto Friday from 10am to 6pm.
`
`Examinerinterviewsare available via telephone, in-person, and video conferencing using
`
`a USPTOsupplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`

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`Application/Control Number: 16/577,342
`Art Unit: 2844
`
`Page 4
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Amy C Johnson can be reached on 571-272-2238. The fax phone numberfor the
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`organization where this application or proceeding is assigned is 571-273-8300.
`
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`
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`
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`
`1000.
`
`/TUNG X LE/
`Primary Examiner, Art Unit 2844
`September 20, 2020
`
`