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
`
`17/071,470
`
`10/15/2020
`
`Kiyofumi ABE
`
`2020-2596A
`
`4AT8
`
`DS
`Lind&
`Wenderoth,
`Wenderoth, Lind & Ponack, L.L.P.
`1025 Connecticut Avenue, NW
`Suite 500
`Washington, DC 20036
`
`MAHMUD, FARHAN
`
`2483
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/22/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
`eoa@ wenderoth.com
`kmiller@wenderoth.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Applicant(s)
`Application No.
`ABE etal.
`17/071,470
`Advisory Action
`
`
`Before the Filing ofan Appeal Brief|Examiner Art Unit AIA (FITF) Status
`FARHAN MAHMUD
`2483
`Yes
`
`--The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`THE REPLYFILED 16 October 2023 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`NO NOTICE
`OF APPEAL FILED
`
`Primary Examiner, Art Unit 2483 U.S. Patent and Trademark Office
`
`1.
`
`The reply wasfiled after a final rejection. No Notice of Appeal has been filed. To avoid abandonmentofthis application, applicant musttimely file
`one ofthe following replies: (1) an amendment, affidavit, or other evidence, which places the application in condition for allowance;
`(2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or (3) a Request for Continued Examination (RCE) in compliance with
`37 CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply must befiled within one of
`the following time periods:
`The period for reply expires 3 months from the mailing date ofthe final rejection.
`a)
`b) () The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whicheveris later.
`In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
`c) Ola prior Advisory Action was mailed more than 3 monthsafter the mailing date of the final rejection in responsetoafirst after-final reply filed
`within 2 months of the mailing date of the final rejection. The current period for reply expires
`months from the mailing date of
`the priorAdvisory Action or SIX MONTHS from the mailing date of the final rejection, whichever is earlier.
`Examiner Note: \f box 1
`is checked, check either box (a), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANTS FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL
`REJECTION. ONLY CHECK BOX(c) IN THE LIMITED SITUATION SET FORTH UNDER BOX(c). See MPEP 706.07(f).
`Extensionsof time may be obtained under 37 CFR 1.136(a). The date on whichthe petition under 37 CFR 1.136(a) and the appropriate
`extension fee have beenfiled is the date for purposes of determining the period of extension and the corresponding amountof the fee. The
`appropriate extension fee under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally
`setin the final Office action; or (2) as setforth in (b) or (c) above, if checked. Any reply received by the Office later than three monthsafter the
`mailing date of the final rejection, even if timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`NOTICE OF APPEAL
`. A brief in compliance with 37 CFR 41.37 must befiled within two monthsofthe date offiling the Notice
`2. (] The Notice of Appeal wasfiled on
`of Appeal (37 CFR 41.37(a)), or any extension thereof (37 CFR 41.37(e)), to avoid dismissal of the appeal. Since a Notice of
`Appeal has beenfiled, any reply mustbefiled within the time period set forth in 37CFR 41.37(a).
`AMENDMENTS
`3.
`The proposed amendmentsfiled after a final rejection, but prior to the date offiling a brief, will not be entered because
`a)
`They raise new issues that would require further consideration and/or search (see NOTEbelow);
`b) OG They raise the issue of new matter (see NOTEbelow);
`Cc)
`They are not deemedto place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; and/or
`d) 3 They present additional claims without canceling a corresponding numberoffinally rejected claims.
`NOTE: Would require further time to search and consider (See 37 CFR 1.116 and 41.33(a)).
`4. (] The amendments are notin compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. Applicant's reply has overcomethefollowing rejection(s):
`6.0 Newly proposed or amended claim(s)
`would be allowable if submitted in a separate, timely filed amendment canceling the non-allowable
`claim(s).
`7. (J For purposesof appeal, the proposed amendment(s):(a)L_]will not be entered, or (b){_] will be entered, and an explanation of how the
`new or amended claims would be rejected is provided below or appended.
`AFFIDAVIT OR OTHER EVIDENCE
`8.LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`9. [] Theaffidavit or other evidencefiled afterfinal action, but before or on the date offiling a Notice of Appealwill not be entered because applicant
`failed to provide a showing of good and sufficient reasons whythe affidavit or other evidence is necessary and wasnot earlier presented. See 37
`CFR 1.116(e).
`10. C The affidavit or other evidencefiled after the date of filing the Notice of Appeal, but prior to the date offiling a brief, will not be entered because
`the affidavit or other evidencefailed to overcome all rejections under appeal and/or appellant fails to provide a showing of good and sufficient
`reasons why it is necessary and wasnotearlier presented. See 37 CFR 41.33(d)(1).
`11.) The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
`REQUEST FOR RECONSIDERATION/OTHER
`
`12.
`
`The request for reconsideration has been considered but does NOTplace the application in condition for allowance because:
`Drawnto claims which are not being entered.
`13. (Note the attached Information Disclosure Statemeniks). (PTO/SB/08) Paper No(s).
`14.
`Other: Note the attached AFCP 2.0 Decision (PTO-2323).
`STATUS OF CLAIMS
`15. The status of the claim(s) is (or will be) as follows:
`Claim(s) allowed:
`Claim(s) objected to:
`Claim(s) rejected:23-24.
`Claim(s) withdrawn from consideration:
`/FARHAN MAHMUD/
`
`PTOL-303 (Rev. 08-2013)
`
`Advisory Action Beforethe Filing of an Appeal Brief
`
`Paper No. 20231117
`
`