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`EXHIBIT Q
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`U.S. Patent No. 8,485,565 Office Action
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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`13/227,63 8
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`26096
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` F ING DATE
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`09/08/2011
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`7590
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`04/26/2013
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`CARLsON,GAsKEY&oms,p.c.
`400 WEST MAPLE ROAD
`SUITE 350
`BIRMINGHAM, MI 48009
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`Cheong Choon Ng
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`67467—001 PUS 1
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`5903
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`HURLEY, SHAUN R
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`3765
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`PAPER NUMBER
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`NOT *ICATION DATE
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`DELIVERY MODE
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`04/26/2013
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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):
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`ptodocket@cgolaw.c0m
`cgolaw@yah00.c0m
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`PTOL—90A (Rev. 04/07)
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`Applicant(s)
`Application No.
` 13/227,638 NG, CHEONG CHOON
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`
`AIA (First Inventorto File)
`Art Unit
`Examiner
`Office Action Summary
`
`
`Shaun R. Hurley a?” 3765
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS 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 under the provisions of 37 CFR 1.136(a).
`In no event however may a reply be timely filed
`after SIX () MONTHS from 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) MONTHS from 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`-
`-
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`Status
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`1)IXI Responsive to communication(s) filed on 14 March 2013.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2b)lX| This action is non-final.
`a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
`5)|XI CIaim(s)fl1is/are pending in the application.
`5a) Of the above claim(s) fl! is/are withdrawn from consideration.
`6)|XI CIaim(s)1-_18is/are allowed.
`7)I:l CIaim(s)
`is/are rejected.
`8)I:I CIaim(s)
`is/are objected to.
`9)|:l CIaim(s)
`are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
`htt
`://www.usoto. ov/ atents/init events"
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`h/index.‘s or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
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`Application Papers
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`10)IXI The specification is objected to by the Examiner.
`11)|Z| The drawing(s) filed on 08 Sthember 2011 is/are: a)I:I accepted or b)IXI 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`Priority under 35 U.S.C. § 119
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
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`b)I:I Some * c)I:I None of the:
`a)I:I AII
`1.I:I Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`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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`Interim copies:
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`a)|:l AII
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`b)I:I Some
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`c)I:I None of the:
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`Interim copies of the priority documents have been received.
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`Attachment(s)
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`1) E Notice of References Cited (PTO-892)
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`3) I] Interview Summary (PTO-413)
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`Paper NOISIIMa” Date —
`PTO/SB/08
`t
`St t
`I
`D'
`t'
`f
`2 IXI I
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`4) I:I Other:
`a emen (s)(
`Isc osure
`n orma Ion
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`Paper No(s)/Mai| Date 03/09/12.
`US. Patent and Trademark Office
`PTOL-326 (Rev. 03-13)
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`Part of Paper No./Mai| Date 20130422
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`Office Action Summary
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`Application/Control Number: 13/227,638
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`Page 2
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`Art Unit: 3765
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`DETAILED ACTION
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`Election/Restrictions
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`1.
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`Applicant’s election of Group 1, claims l—18 in the reply filed on 14 March 2013 is
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`acknowledged. Because applicant did not distinctly and specifically point out the supposed
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`errors in the restriction requirement, the election has been treated as an election without traverse
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`(MPEP § 818.03(a)).
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`Claims 19—24 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 or linking claim.
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`Drawings
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`2.
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`The drawings are objected to because in the specification, detail 18 is referred to as a clip.
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`Figure 3 contains detail number 18, but no clip is illustrated.
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`Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to
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`the Office action to avoid abandonment of the application. Any amended replacement drawing
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`sheet should include all of the figures appearing on the immediate prior version of the sheet,
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`even if only one figure is being amended. The figure 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
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`must be removed from the replacement sheet, and where necessary, the remaining figures must
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`be renumbered and appropriate changes made to the brief description of the several views of the
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`drawings for consistency. Additional replacement sheets may be necessary to show the
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`renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an
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`application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet”
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`pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will
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`Application/Control Number: 13/227,638
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`Page 3
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`Art Unit: 3765
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`be notified and informed of any required corrective action in the next Office action. The
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`objection to the drawings will not be held in abeyance.
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`Specification
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`3.
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`The disclosure is objected to because of the following informalities:
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`In paragraph 43, the phrase “elastic bands 52, 54, 58” is incorrect.
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`Appropriate correction is required.
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`Allowable Subject Matter
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`Claims 1—18 are allowed.
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`The following is an examiner’s statement of reasons for allowance:
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`Claims 1 and 12, as well as their respective dependent claims, are found to be allowable
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`4.
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`5.
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`because the prior art of record neither teaches nor reasonably suggests the recitations found
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`therein, including pins haVing a top flared portion and opening in the front, as well as the method
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`of using the pin bars/base to stretch, capture, and pull elastic bands.
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`Any comments considered necessary by applicant must be submitted no later than the
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`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
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`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
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`Allowance.”
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`Conclusion
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`6.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. See of Record.
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`Application/Control Number: 13/227,638
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`Page 4
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`Art Unit: 3765
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`7.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Shaun R. Hurley Whose telephone number is (571)272—4986. The
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`examiner can normally be reached on Mon — Fri, 8:00 am — 4:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Shelley M. Self can be reached on (571) 272—4524. The fax phone number for the
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`organization Where this application or proceeding is assigned is 571—273—8300.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866—217—9197 (toll—free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
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`information system, call 800—786—9199 (IN USA OR CANADA) or 571—272—1000.
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`Shaun R Hurley
`Primary Examiner
`Art Unit 3765
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`SRH
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`22 April 2013
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`/Shaun R Hurley/
`Primary Examiner, Art Unit 3765
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`