www.uspto.gov
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/755,998
`
`05/13/2022
`
`Koji ITO
`
`66196
`
`6423
`
`mss
`
`ORI
`PEA
`PEARNE & GORDON LLP
`1801 EAST 9TH STREET
`SUITE 1200
`CLEVELAND,OH 44114-3108
`
`TRIBU, VAN THANH
`
`2687
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`09/05/2024
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`17/755,998
`Examiner
`VAN T TRIEU
`
`Applicant(s)
`ITO et al.
`Art Unit
`2687
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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
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`
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`1) Responsive to communication(s) filed on 06/04/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)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 incorporated into this action.
`4)(2) 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*
` -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.
`Claim(s) 1-13 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] 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)(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)[¥) 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) All
`1.¥) Certified copies of the priority documents have been received.
`2.2) 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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240830
`
`

`

`Application/Control Number: 17/755,998
`Art Unit: 2687
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`underthefirst inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 112
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) INGENERAL.—Thespecification shall contain a written
`description of the invention, and of the manner and process of making and
`using it,
`in such full, clear, concise, and exact terms as to enable any
`person skilled in the art to which it pertains, or with which it is most nearly
`connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor orjoint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention,
`and of the manner and process of making and usingit, in such full, clear,
`concise, and exact terms as to enable any person skilled in the art to
`which it pertains, or with which it is most nearly connected, to make and
`use the same, and shall set forth the best mode contemplated by the
`inventor of carrying out his invention.
`
`1.
`
`Claims 1-13 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first
`
`paragraph, becausethe claim purports to invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C.
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`112, sixth paragraph, but fails to recite a combination of elements as required by that
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`statutory provision and thus cannotrely on the specification to provide the structure,
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`material or acts to support the claimed function. As such, the claim recites a function
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`that has no limits and covers every conceivable means for achieving the stated function,
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`while the specification discloses at most only those means knownto the inventor.
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`

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`Application/Control Number: 17/755,998
`Art Unit: 2687
`
`Page 3
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`Accordingly, the disclosure is not commensurate with the scopeof the claim. The
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`claims including language of the “detection unit’, “input unit” and “output unit” that are in
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`means plus function format. The phrase “unit” or “module”is/are the generic place
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`holder. Upon reviewing of the Specification, there is no sufficient structure for the
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`detection unit, the input unit and the output unit. Therefore, a correction is required.
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`2.
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`Claims 1 and 10 arerecites the limitation "the detection units" in claim 1, line
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`13, and in claim 10, line 22. There is insufficient antecedent basis for this limitation in
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`the claim. Since only a detection unit was claimed in claims 1 and 10.
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`Conclusion
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`3.
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`Claims 1-13 are allowed over the prior arts. However, they arestill rejected un
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`the 112 Rejections as above.
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`4.
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`Anyinquiry concerning this communication or earlier communications from
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`examiner should be directed to primary examinercraft is Van Trieu whose telephone
`
`numberis (571) 2722972. The examiner can normally be reached on Mon-Fri from 8:00
`
`AM to 3:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the
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`examiner's supervisor, Mr. Kuntz Curtis can be reached on (571) 272-7499.
`
`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.
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`

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`Application/Control Number: 17/755,998
`Art Unit: 2687
`
`Page 4
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`For more information about the PAIR system, see hittp://pair- direct.uspto.gov. Should
`
`you have questions on accessto the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free).
`
`If you would like assistance froma
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786- 9199 (IN USA OR CANADA)or 571-272-1000.
`
`/VAN T TRIEU/
`
`Primary Examiner, Art Unit 2687
`
`08/30/2024
`
`