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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
`
`29/658,45 1
`
`07/31/2018
`
`Naoki Yoshimura
`
`D160090US01
`
`6779
`
`WESTERMAN,HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE7500
`TYSONS, VA 22182
`
`HO, CATHERINE
`
`2924
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/18/2020
`
`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):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`29/658 451
`Examiner
`CATHERINE HO
`
`Applicant(s)
`Yoshimuraetal.
`Art Unit
`AIA (FITF) Status
`2924
`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 2 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)C) Responsive to communication(s) filed on
`CJ 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)0) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on__; the restriction requirement and election have been incorporatedinto this action.
`4\™| 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 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Claim(s)
`is/are allowed.
`€)
`)
`) 0 Claim(s
`)
`is/are rejected.
`Claim(s) 1 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.
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 07/31/2018 is/are: a)(] accepted or b)M 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)X None ofthe:
`b)L) Some**
`a) All
`1... Certified copies of the priority documents have been received.
`2.{¥} Certified copies of the priority documents have beenreceived in Application No. 29588350.
`3.4) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 07/31/2018.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200213
`
`

`

`Application/Control Number: 29/658,451
`Art Unit: 2924
`
`QUAYLE
`
`Page 2
`
`The present application, filed on or after March 16, 2013, is being examined under the first inventor to
`file provisions of the AIA.
`
`This application contains the following embodiments:
`Embodiment1 - Figs. 1-9
`Embodiment2 - Figs. 10-17
`Multiple embodiments of a single inventive concept may beincluded in the same design application only
`if they are patentably indistinct. See in re Rubinfield, 270 F.2d 391, 123 USPQ 210 (CCPA 1959).
`Embodimentsthat are patentably distinct from one another do not constitute a single inventive concept
`and thus may not be included in the same design application. See in re Platner, 155 USPQ 222 (Comm'r
`Pat. 1967).
`
`The above-identified embodiments are considered by the examiner to present overall appearances that
`are basically the same. Furthermore, the differences between the appearances of the embodiments are
`considered minor and patentably indistinct, or are shown to be obvious in view of analogous prior art
`cited. Specifically, the difference between Embodiment1 and 2 is surface treatment. Embodiment 1
`showsthe four panels and central diamond area to havea flat surface. In Embodiment 2, these same
`areas are shownwith a reflective surface which, when viewed as a whole, are considered patentably
`indistinct. Accordingly, they are deemed to be obvious variations and are being retained and examined
`in the same application.
`
`This application is in condition for allowance except for the following formal matters:
`1. Drawing Objection
`2. Specification Objection
`
`Prosecution on the merits is closed in accordance with the practice under Ex parte Quayle, 25 USPQ 74,
`453 0.G. 213, (Comm’r Pat. 1935). A shortened statutory period for reply to this action is set to expire
`TWO MONTHSfrom the mailing date of this letter.
`
`Incorporation by Reference
`This application incorporates by reference Japanese Design Patent Application No. 2016-013505, 2016-
`013506, and 2016-013507 filed on June 27, 2016. All the material from the Japanese design patent
`application which is essential to the claimed designis included in this application. Amendmentsof the
`claim may be based on the contentof the incorporated material. However, with or without a specific
`amendment,it is understood that any material in the Japanese Design Patent Application which is not
`presentin this application forms no part of the claimed design.
`
`Examiner’s Understanding
`The examiner understands the oblique shade lines on the front and back of the guitar headstock to
`represent a reflective surface. The following office action is based on this understanding.
`
`

`

`Application/Control Number: 29/658,451
`Art Unit: 2924
`
`Drawing Objections
`Sectional View
`
`Page 3
`
`The sectional view labels seen in FIG. 1 and 10 is objected to for clarity. The ends of the broken line
`should be designated by Arabic or Roman numerals corresponding to the view number of the sectional
`view, and should have arrowsto indicate the direction of sight. 37 CFR 1.84(h)(3). In addition, please
`amend figure descriptions in the specification accordingly. Applicant must relabel the sections in FIG. 1
`
`and 10. Please see annotated sketch below.
`
`

`

`Application/Control Number: 29/658,451
`Art Unit: 2924
`
`Page 4
`
`Please refer to 37CFR 1.84 and MPEP 1503.02 for additional guidance.
`Corrected drawing sheets are required in reply to the Office action to avoid abandonmentof the
`application. If applicant's response to the requirementsset forth aboveis incomplete or includes new
`matter, the examiner may hold the response non-compliant.
`
`Replacement Drawings
`A responseis required in reply to the Office action to avoid abandonment ofthe application. If corrected
`drawings are submitted in response to this Office action, they must be in compliance with 37 CFR
`Z.124(e. Any amended replacement drawing sheet should include all of the figures appearing on the
`immediate prior version of the sheet, even if only one figure is being amended. The figure or figure
`number of an amended drawing 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 figures must be renumbered and appropriate changes made to the brief description of the
`several views of the drawings for consistency. Additional replacement sheets may be necessary to show
`the renumbering of the remaining figures. If all the figures on a drawing sheet are canceled, a
`replacement sheetis not required. A marked-up copy of the drawing sheet(labeled as “Annotated
`Sheet”) including an annotation showing thatall the figures on that drawing sheet have been canceled
`must be presented in the amendmentor remarks section that explains the change to the drawings. Each
`drawing sheet submitted after the filing date of an application must be labeled in the top margin as
`either "Replacement Sheet" or "New Sheet" pursuant to 37 GFR L.224id) . If the changes are not
`accepted by the examiner, the applicant will be notified and informed of any required corrective action
`in the next Office action.
`
`When preparing new or replacement drawings, any amendmentto the claim must meet the written
`description requirement of 35 USC 112(a). That is, it must be apparent that applicant was in
`possession of the amendeddesignat the time offiling. This pertains to the addition or removal of
`parts of the design, as well as the conversionof solid lines to broken lines and vice versa. See 35 USC
`132 and 37 CFR 1.121(f) for new matter.
`
`Specification Objection
`Figure Descriptions
`In accord with the drawing objection above, Figures 1-5, 9, 10-14, and 18 should be amendedfor clarity
`and consistency:
`-- FIGURE1 is a front elevational view of a solar battery module showingthe first embodiment
`of our new design.--
`-- FIGURE2 is an enlarged partial front elevational view thereof, taken along line 2-2 of
`FIGURE1. --
`
`-- FIGURE3 is an enlarged partial front elevational view thereof, taken along line 3-3 of
`FIGURE1. --
`
`-- FIGURE 4 is an enlarged partial front elevational view thereof, taken along line 4-4 of
`FIGURE1. --
`
`-- FIGURE 5 is an enlarged partial front elevational view thereof, taken alongline 5-5 of
`FIGURE1. --
`
`-- FIGURE9 is an enlarged view of the 9-9 portion in FIGURE1. --
`
`

`

`Application/Control Number: 29/658,451
`Art Unit: 2924
`
`Page 5
`
`-- FIGURE 10 is a front elevational view of a solar battery module showing the second
`embodimentof our new design. --
`-- FIGURE 11 is an enlargedpartial front elevational view thereof, taken along line 11-11 of
`FIGURE 10.--
`
`-- FIGURE 12 is an enlargedpartial front elevational view thereof, taken along line 12-12 of
`FIGURE10.--
`
`-- FIGURE 13 is an enlargedpartial front elevational view thereof, taken along line 13-13 of
`FIGURE10.--
`
`-- FIGURE 14 is an enlargedpartial front elevational view thereof, taken along line 14-14 of
`FIGURE 10.--
`
`-- FIGURE 18 is an enlarged view of the 9-9 portion in FIGURE1. --
`
`Broken line statement
`
`The specification is objectionable because the broken line description does not describe all broken lines
`used. There are different dash-dot-dash lines used. There are no dot-dot-dash broken lines shown in the
`
`figure drawings. Each different broken line style used needs to be explicitly stated. See In re Blum 153
`USPQ 177 (1967). Therefore, for clarity, the broken line statement “The evenly-spaced broken lines
`illustrate unclaimed environmental structure, the dot-dot-dash brokenlines represent the imaginary
`cross-section lines, and the dash-dot-dash brokenlinesillustrate a boundary of the claimed design.”
`Should be amendedto read:
`
`-- Evenly-spaced broken lines show unclaimed environmental structure. The dash-dot-dash
`broken lines is included to show boundaries that form no part of
`the claimed design. All
`broken line portions of the figure drawings form no part of the claimed design. --
`
`Contact
`
`Any inquiry concerning this communication or earlier communications from the examiner should be directed to
`CATHERINE HO whosetelephone number is (408)918-7609. The examiner can normally be reached on Monday-
`Thursday, 8am-5pm MST.
`Examiner interviewsare available via telephone, in-person, and video conferencing using a USPTO supplied web-
`based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated
`
`Interview Request (AIR) at htto://www.uspta gov finterviewnracticg.
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Stout can be
`reached on (408)918-7558. The fax phone number for the organization where this application or proceeding is
`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 may be 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 htta://pair-direct.uspta.gov. 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 fram a USPTO Customer Service Representative or access to the automated information system, call
`800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`/CATHERINE HO/
`Examiner, Art Unit 2924
`
`/MARY ANN CALABRESE/
`Primary Examiner, Art Unit 2913
`
`