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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
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`17/785,331
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`06/14/2022
`
`Masato KINOSHITA
`
`083710-3650
`
`9094
`
`Rimon PC - Panasonic Corporation
`8300 Greensboro Dr.
`Suite 500
`McLean, VA 22102
`
`GREENLUND,JOSEPH A
`
`3752
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`10/23/2024
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOmail @rimonlaw.com
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`eofficeaction @appcoll.com
`
`PTOL-90A (Rev. 04/07)
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`

`

`
`
`Application Papers
`10)( The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 06/14/2022 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.@) 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)
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`Notice of References Cited (PTO-892)
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`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
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`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
`
`Part of Paper No./Mail Date 20241018
`
`Application No.
`Applicant(s)
`17/785,331
`KINOSHITAetal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`JOSEPH A GREENLUND
`3752
`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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`1) Responsive to communication(s) filed on 10/16/2024.
`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*
`1-6 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 1-2,4 and 6 is/are withdrawn from consideration.
`[] Claim(s)__ is/are allowed.
`Claim(s) 3and5is/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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
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`

`

`Application/Control Number: 17/785,331
`Art Unit: 3752
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`Page 2
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`Notice of Pre-AlA orAIA Status
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`The presentapplication,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
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`Status of Claims
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`Currently claims 1-6 are pending, claims 1-2, 4, and 6 are withdrawn, and claim 6 is new.
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`Election/Restrictions
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`Claims 1-2,4, and 6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as
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`being drawn to a nonelected invention, there being no allowable generic orlinking claim. Election was
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`made without traverse inthe reply filed on 10/16/2024.
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`Applicant’s election without traverse of invention II (claims 3 and 5) in the replyfiled on
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`10/16/2024 is acknowledged.
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`Claim Rejections - 35 USC § 103
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`Inthe event the determination of the status of the application as subject to AIA 35 U.S.C. 102
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`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis (i.e., changing from AIA to pre-AlA) for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same
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`under either status.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forthin section 102, if the differences between the claimed invention
`and the prior art are such that the claimed invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having ordinary skill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
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`Claim(s) 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakagawa (U.S.
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`2006/0201016) in view of Ishihara (U.S. 2018/0290119).
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`

`

`Application/Control Number: 17/785,331
`Art Unit: 3752
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`Page 3
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`With respect to claim 3, Nakagawa discloses an electrostatic spraying device comprising an
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`atomizer that electrostatically atomizes a composition for electrostatic spraying, the composition
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`containing a solvent for dispersion (water), wherein the atomizer includes: an atomization electrode
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`(41); a counter electrode (42) having an opening (figures 4 and 9, paragraph 0043, being ring shaped);
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`and a scattering suppressor(the bottom wall of 31, takenafter 42, which acts to prevents the mist from
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`“scattering” anywhereoutside the nozzle till it exits the inner nozzle 31) disposed on an opposite side to
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`the atomization electrode with respect to the counter electrode (as seenin figure 1, where the outlet of
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`31 is after 41) and disposed ata position lower than the opening (being in a lower wall positioned lower
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`then the electrode 42, and the opening therein). Nakagawafails to disclose the composition contains a
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`conductive regulator or a microcapsule.
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`Ishihara, discloses a microcapsule (abstract) with a cosmetic composition to give attachment to
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`hair and unlikely to damage the hair (paragraphs 0011 and 0012) with a noted conductive regulator (the
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`noted acids, paragraph 0032, noted adjusting a conductivity of the solvent(water) paragraph 0047), and
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`notes that such spraying/discharge occurs with electrostatic atomization of the liquid (paragraph 0086).
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`It would have been obvious to one having ordinary skill in the art before the effective filing date
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`of the claimed invention to utilize the microcapsule and conductive regulator(acid) or Ishihara into the
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`system of Nakagawa, allowing the electrostatic spray system of Nakagawa to utilize a cosmetic
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`composition with the hair that would be unlikely to damage the hair, utilize a known composition to
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`assist in cosmetic use with one’s hair.
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`With respect to claim 5, Nakagawa as modified discloses the conductive regulatoris acidic (as
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`taught by Ishihara).
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`Conclusion
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`

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`Application/Control Number: 17/785,331
`Art Unit: 3752
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`Page 4
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to JOSEPH A GREENLUND whose telephone number is (571)272-0397. The examiner
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`can normally be reached M-F 9am-5pm EST.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Arthur Hall can be reached on 571-270-1814. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
`
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`
`/JOSEPH A GREENLUND/
`Primary Examiner, Art Unit 3752
`
`