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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`__
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`TL
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 223 13-1450
`WWww.Uspto.gov
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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATIONNO.
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`29/276,806
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`02/06/2007
`
`Yasutoshi Okamoto
`
`3133U.005
`
`9665
`
`MCI
`
`LAN
`
`MCHALE & SLAVIN, P.A.
`2855 PGA BLVD
`PALM BEACH GARDENS,FL 33410
`
`"mee
`
`(ener
`
`‘
`
`PALASIK, PATRICLA ANN
`
`2915
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`07/23/2007
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time periodfor reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`

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`Office Action Summary
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`Application No.
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`—
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`29/276,806
`Examiner
`
`Patricia Palasik
`
`,
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`Applicant(s)
`
`OKAMOTOET AL.
`Art Unit
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`2915 pS
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`-- The MAILING DATEof this communication appears on the cover sheet with the correspondenceaddress--
`Period for Reply
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`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, 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 be timely filed
`after SIX (6) MONTHSfrom the mailing date of this communication.
`If NO period forreply is specified above, the maximumstatutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended periodfor reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three monthsafter the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)L] Responsive to communication(s) filed on
`2a)[_] This action is FINAL.
`.
`2b)X] This action is non-final.
`3)C) Sincethis application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`Priority under 35 U.S.C. § 119
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`12)X] Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)_JAll »)-] Some * c)X] Noneof:
`1.] Certified copies of the priority documents have beenreceived.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof 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.
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`
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`4) Claim(s) the claimed design is/are pendingin the application.
`4a) Of the above claim(s)
`is/are withdrawn from consideration.
`5)L] Claim(s)
`is/are allowed.
`6)X] Claim(s) the claimed designis/are rejected.
`7)0J Claim(s)__is/are objected to.
`8)L) Claim(s)
`are subject to restriction and/or election requirement.
`Application Papers
`9) The specification is objected to by the Examiner.
`10)J The drawing(s)filed on 06 February 2007is/are: a) acceptedor b)X] 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).
`11)L] The oath or declaration is objected to.by the Examiner. Note the attached Office Action or form PTO-152.
`
`Attachment(s)
`1) IX} Notice of References Cited (PTO-892)
`2) ] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) [1] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`4) J interview Summary (PTO-413)
`Paper No(s)/Mail Date. ____
`5) L] Notice of informa! Patent Application
`6) CT Other:
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`Office Action Summary
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`Part of Paper No./Mail Date 20070627
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`

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`Application/Control Number: 29/276,806
`Art Unit: 2915
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`Page 2
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`This application has been examinedwith the following effect set forth herein under.
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 112
`The claim is rejected under 35 U.S.C. 112,first and second paragraphs,as the claimed
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`invention is not described in suchfull, clear, concise and exact terms as to enable any
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`personskilled in the art to make and use the same,andfails to particularly point out and
`distinctly claim the subject matter which applicant regards as the invention.
`The onusis on the applicant to set forth a clear and consistent disclosure. In this
`regard, the claim is indefinite and nonenabling due to the manneror method in which
`applicant has chosen to present the disclosure. This manner or method has resulted ina
`drawing disclosure that exhibits blurred images that inhibit a ready understanding of all
`surfacesclaimed.It is difficult to understand the metes and bounds shownin Figs. 1 and 7.
`For example, because of the complex nature of the claimed design, surfaces exhibited
`therein disclose several instances where crowded line representation could serveto inhibit
`a ready understanding of the claimed design. The scale to which a drawing is made must
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`be large enough to show the mechanism without crowding when the drawing is reducedin
`size to two-thirds in reproduction. The drawing is required to be larger with crispline
`weights sothe lines do not bleed together and that double lines show as doublelines, not a
`heavy blackline. Also, the transparent shadingis inconsistent in Figs. 1 and 7, and must be
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`made consistent..
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`

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`Application/Control Number: 29/276,806
`Art Unit: 2915
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`Page 3
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`Furthermore, the exact shape and appearanceof the design cannot be determined
`due tothe solid black depiction of numerous surfaces thereof. Specifically, numerous
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`surfaces of the design are shownsolid black in each of the views of the drawing, which
`prohibits a Clear understanding of the configuration and details thereof. See arrows and
`circled areas. Solid black shading can only be disclosedin the drawingif it actually depicts
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`the color black. Also, it cannot be determined whether the surface of the design defines
`raised or recessed surfaces, and if so, what the spatial relationship is between those
`surfaces. Therefore, the exact surface configuration of the machining center cannot be
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`understood even.after an extensive examination from view to view.
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`|
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`Fig. 1
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`Fig. 7
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`
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`The design of an article consists of the visual characteristics or aspect displayed by
`the article.
`It is the appearance presented bythe article, which creates an impression
`through the eye upon the mind of the observer. After reviewing this disclosure, at best,
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`the observer would havea very difficult time understanding these visual characteristics.
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`The necessity for good drawing disclosure in a design patent application cannot
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`be overemphasized. As the drawing disclosure constitutes the claim, it is of utmost
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`Application/Control Number: 29/276,806
`Art Unit: 2915
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`Page 4
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`importancethatit is so well executed both asto clarity of showing and completeness
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`that nothing regarding the design sought to be patentedis left to conjecture. An
`insufficient drawing may be fatal to validity (35 U.S.C. 112,first paragraph). Moreover,
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`an insufficient drawing may have a negative effect with respect to the effectivefiling
`date of a continuing application.
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`Hence,if the scope of protection sought by the claim cannot be ascertained due to
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`the lack of clarity of the appearance and shape/configuration of the claimed design in the
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`drawing or the absenceof descriptive language in the specification the claim must be
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`rejected under 35 U.S.C. first and second paragraphs. Thatis, because of the ambiguities
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`in the disclosure the scope of protection sought by the claim cannot be determined and
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`therefore fails to particularly point out and distinctly claim the subject matter applicant
`regards as the invention. Furthermore, such ambiguities in the disclosure fail to enable
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`a designerof ordinary skill in the art to reproduce the shape and appearanceof the
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`claimed design.
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`Applicant must provide a new drawing disclosure absent the visual obstructions now
`presentin the disclosure. A corrected drawing disclosure is required in reply to the Office
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`action to avoid abandonmentof the application. Any amended replacement-drawing sheet
`should includeall of the figures appearing on the immediate prior version of the sheet, even
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`if only one figure is being amended. Thefigure or figure number of an amended drawing
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`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate
`figure must be removed from the replacement sheet, and where necessary, the remaining
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`figures must be renumbered and appropriate changes madeto the brief description of the
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`Application/Control Number: 29/276,806
`Art Unit: 2915
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`- Page5
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`several views of the drawings for consistency. Additional replacement sheets may be
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`necessary to show the renumbering of the remaining figures. The replacement sheet(s)
`should be labeled “Replacement Sheet” in the page header(as per 37 CFR 1.84(c)) SO as
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`not to obstruct any portion of the drawing figures.
`If the changes are not accepted by the
`examiner, the applicant will be notified and informed of any required corrective actionin the
`next Office action.
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`If a drawing is canceled, a replacement sheet of drawings must be submittedwithout
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`the figure (see 37 CFR 1.121(d). If the canceled drawing figure was the only drawing on the
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`sheet, then only a marked-up copyof the drawing sheet including an annotation showing
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`-
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`that the drawing has been cancelled is required. The marked-up (annotated) copy must be
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`clearly labeled as ‘Annotated Sheet’ and mustbe presented in the amendment or remarks
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`section of the amendment document which explains the changes to the drawings (see
`37 CFR 1.121(d)(1)). The brief description of the drawings should also be amendedto .
`reflect this change.
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`Whenpreparing a new drawing disclosurein compliance with the requirement
`therefor, care must be exercised to avoid introduction of anything which could be
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`construed to be new matter prohibited by 35 U.S.C. 132 and 37 CFR 1.121. Applicant
`mustbe careful when amending the drawing disclosureall in an effort to not add
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`anything which cannotfind antecedentbasis in the original disclosure.
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`In view thereof and as set forth herein above, the claim is rejected under 35 U.S.C.
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`112, first and second paragraphs, as the claimedinvention is not described in suchfull,
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`clear, concise and exact terms as to enable any personskilled in the art to make and use
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`Application/Contro! Number: 29/276,806
`Art Unit: 2915
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`Page 6
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`the same, andfails to particularly point out and distinctly claim the subject matter which
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`applicant regards as the invention, all as set forth herein above.
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`Specification
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`For consistency, the Figure 1 description must be amendedto read:
`Fig. 1 is a front view of an automiatic tablet packing machine
`Becauseof a spelling error, the Fig. 2 description must be amendedto read:
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`Fig. 2 is a rear view thereof;
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`- For proper form (37 CFR 1.153), the claim must be amended to read: Weclaim:
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`The ornamental design for an automatic tablet packing machine as shown.
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner
`should bedirected to Patricia Palasik whose telephone numberis 571-272-2638. The
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`examinercan normally be reached Monday-Thursday, from 7:00 to 5:30.
`If attempts to reach the examiner by telephone are unsuccessful, examiner
`Antoine D. Davis can be reached at 571-272-2636 or the examiner's supervisor,
`Gary Watson, can be reached on 571-272-2647. The fax phone numberfor the
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`organization wherethis application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 29/276 ,806
`Art Unit: 2915
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`Page 7
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`you have questions on accessto the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197(toll-free).
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`ok
`Wednesday, June 27, 2007
`
`
`ff
`i fLf
`i Hen D.
`Davis
`
`Primary Examiner
`Art Unit 2915
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`