www.uspto.gov
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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
`
`16/930,458
`
`07/16/2020
`
`HIROKI KOBAYASHI
`
`PIPMM-63160
`
`6833
`
`resent
`
`ORI
`PEA
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`CLEVELAND,OH 44114-3108
`
`HESS, DOUGLAS A
`
`3651
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`07/29/2021
`
`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):
`
`patdocket@ pearne.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-10 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj] Claim(s)
`is/are allowed.
`Claim(s) 1-4 and 7-10 is/are rejected.
`Claim(s) 5-6 is/are objectedto.
`1) 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10)2) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 16 July 2020 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:
`c)() None ofthe:
`b)( Some**
`a) All
`1.2 Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.4 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 7/16/2020.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date _____
`Other: See Continuation Sheet
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210726
`
`Application No.
`Applicant(s)
`16/930,458
`KOBAYASHI etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`DOUGLAS A HESS
`3651
`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 31 August 2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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.
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 16/930,458
`
`Continuation of Attachment(s) 4) Other: WO 2015045018 drawing figure sheets 1 of 7, 3 of 7, 5 of 7
`
`

`

`Application/Control Number: 16/930,458
`Art Unit: 3651
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
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`underthe first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`2.
`(b) CONCLUSION.—Thespecification shall conclude with one or more claims particularly pointing
`out anddistinctly claiming the subject matter which the inventor or a joint inventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claimsparticularly pointing out and distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`3.
`
`Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C.
`
`112, the applicant), regards as the invention.
`
`Claim 9 recites the limitation "the feeder cart" in both lines 3 and 7. There is insufficient
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`antecedent basis for this limitation in the claim.
`
`Claim Rejections - 35 USC § 102
`
`4,
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`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction
`
`of the statutory basis for the rejection will not be considered a new groundofrejection if the
`
`

`

`Application/Control Number: 16/930,458
`Art Unit: 3651
`
`Page 3
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`prior art relied upon, and the rationale supporting the rejection, would be the same undereither
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`status.
`
`5.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, described in a printed publication, or in public use, on sale,
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`6.
`
`Claim(s) 1-4 and 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Fuji machine WO2015045018 (“Fuj7’).
`
`See the attached marked up drawing figure sheets 1 of 7, 3 of 7, and 5 of 7 of Fuji clearly
`
`depicting the claimed features.
`
`Allowable Subject Matter
`
`7.
`
`Claims 5 and 6 are objected to as being dependent upon a rejected base claim, but
`
`would be allowable if rewritten in independent form includingall of the limitations of the base
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`claim and any intervening claims.
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`Conclusion
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`8.
`
`Theprior art made of record and notrelied upon is considered pertinent to
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`applicant's disclosure.
`
`

`

`Application/Control Number: 16/930,458
`Art Unit: 3651
`
`Page 4
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`9.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DOUGLASA HESS whosetelephone numberis (571)272-6915.
`
`The examiner can normally be reached on M-TH 8-6.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Gene Crawford can be reached on 571-272-6911. The fax phone numberfor the
`
`organization wherethis application or proceedingis 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
`
`maybe 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-my.uspto.gov/pair/PrivatePair. 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.
`
`/DOUGLASA HESS/
`Primary Examiner, Art Unit 3651
`
`DAH
`July 26, 2021
`
`