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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
`
`29/837,772
`
`05/09/2022
`
`Toshio Horiki
`
`D220015US00
`
`1821
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`YU, LAURA
`
`2924
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/27/2023
`
`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):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`29/837 ,772
`Examiner
`LAURA H YU
`
`Applicant(s)
`Horiki et al.
`Art Unit
`2924
`
`AIA (FITF) Status
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 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
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) 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\() 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*
`11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C} Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`“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)C2 The specification is objected to by the Examiner.
`11)C) The drawing(s) filed on
`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:
`cc) None ofthe:
`b)J Some**
`a)) All
`1.4 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.2.) 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 5/9/2022.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231106
`
`

`

`Application /Control Number: 29/837,772
`Art Unit: 2924
`
`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, is being examined underthefirst
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`inventor to file provisions of the AIA.
`
`Cross Reference to Related Applications
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`Acknowledgment is made of applicant’s claim for foreign priority based on an application filed
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`from Japanese Design Application No. 2021-028095, filed on December 21, 2021.
`
`All the material from Japanese Design Application No. 2021 -028095, which is essential to the
`
`claimed design is includedin this application. Amendmentsof the claim may be based on the content of
`
`the incorporated material. However, with or without a specific amendment, it is understood that any
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`material in Japanese Design Application No. 2021 -028095, whichis not presentin this application forms
`
`no part of the claimed design.
`
`Claim Rejections - 35 USC § 112(b)
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—Thespecification shall conclude with one or more claims
`particularly pointing out and distinctly claiming the subject matter which the
`inventor or a joint inventor regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the applicant regards as his invention.
`
`The claim is rejected under 35 U.S.C. 112(b), as indefinite in that thetitle, as set forth in the
`
`claim, fails to identify an article of manufacture and the drawing disclosure does not inherently identify the
`
`article in which the design is embodied. Ex parte Strijland, 26 USPQ2d 1259, 1263 (Bd. Pat. App. & Int.
`
`1992). Ex parte Root, 7 USPQ 311 (Com’r Pats 1930). The title of a design must designate the name of
`
`the article in which the design is embodiedor applied to. In addition, the title must correspond with the
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`claim. See MPEP § 1503.01 and 37 CFR 1.153 or MPEP § 2920. 04(a) and 37 CFR 1.1067.
`
`

`

`Application /Control Number: 29/837,772
`Art Unit: 2924
`
`Page 3
`
`Thetitle “Educational Tool for Programming’is not descriptive of the actualarticle or its intended
`
`use and doesnotparticularly point out and distinctly claim the subject matter which the inventor regards
`
`as the invention, nor canthis information be understood from the drawings and specification.
`
`To overcomethis rejection, clarification in the Applicant’s response or remarks of an explanation
`
`of what the claimed design is or the use for the claimed design is requested.
`
`Claim Rejections - 35 USC § 102(a)(2)
`
`The claim is rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Patent D975787, to
`
`Peng, which wasfiled on September 16, 2021.
`
`Because the patent names another inventor and has an earlier effectively filed date, it constitutes
`
`prior art under 35 U.S.C. 102(a)(2).
`
` CLAIMED DESIGN
`
`D975787
`
`This provisional rejection under 35 U.S.C. 102(a)(2) might be overcomeby:(1) a showing under
`
`37 CFR 1.130(a) that the disclosure in the reference was obtained directly or indirectly from the inventor
`
`of this application and is thus notprior art under 35 U.S.C. 102(b)(2)(A); (2) perfecting a claim to priority
`
`under 35 U.S.C. 119 that antedates the referencebyfiling a certified priority documentin the application
`
`that satisfies the enablement and description requirements of 35 U.S.C. 112(a); (3) perfecting the benefit
`
`claim under 35 U.S.C. 120 byfiling an application data sheet under 37 CFR 1.76 which contains a
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`specific reference to a prior application in accordance with 37 CFR 1.78 and establishing that the prior
`
`

`

`Application /Control Number: 29/837,772
`Art Unit: 2924
`
`Page 4
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`application satisfies the enablement and description requirements of 35 U.S.C. 112(a); (4) a showing
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`under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (5) providing a
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`statement pursuant to 35 U.S.C. 102(b)(2)(C) that the subject matter disclosed and the claimed invention,
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`not later than the effectivefiling date of the claimed invention, were owned by the same person or subject
`
`to an obligation of assignment to the same personor subject to a joint research agreement.
`
`This rejection may notbe overcomebythefiling of a terminal disclaimer. See In re Bartfeld, 925
`
`F.2d 1450, 17 USPQ2d 1885 (Fed. Cir. 1991).
`
`Conclusion
`
`The claim is rejected under 35 U.S.C. 112(b), and 35 U.S.C. 102(a)(2) as set forth above.
`
`The references not relied upon are cited as cumulative priorart.
`
`ContactInformation
`
`Anyinquiry concerning this communication or earlier communications from the examiner should
`
`be directed to LAURA H YU whosetelephone number is (408)918-7627. The examiner can normally be
`
`reached 0800-1800 PST
`
`Examinerinterviews are 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 http://www.uspto.gov/interviewpractice.
`
`lf 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 wherethis
`
`application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be obtained from
`
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`https://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional questions,
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`

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`Application /Control Number: 29/837,772
`Art Unit: 2924
`
`Page 5
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`contactthe Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance
`
`from a USPTO CustomerService Representative, call 800-786-9199 (INUSA OR CANADA)or 571-272-
`
`1000.
`
`/LHY/
`Design Examiner
`Art Unit 2924
`
`/Garth Rademaket/
`Supervisory Patent Examiner, Art Unit 2922
`Date: November 20, 2023
`
`