`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`Po. Box I450
`Alexandria. Virginia 223134450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION N0.
`
`11/463,215
`
`08/08/2006
`
`David F. MACNEIL
`
`31700.000107
`
`6563
`
`MOMKUS MCCLUSKEY MONROE MARSH & SPYRATOS, LLC
`3051 OAK GROVE ROAD
`SUITE 220
`DOWNERS GROVE, IL 60515-1181
`'
`
`MORROW, JASON S
`PAPER NUMBER
`
`A” ”N”
`3612 '
`
`MAIL DATE
`
`1 1/27/2007
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`MDDNM(RwoMM)
`
`MaCNeHEXMbH2017
`
`YHaV.MaCNeHHZIPR202001139
`Page 1
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 1
`
`

`

`Application No.
`
`Applicant(s)
`
`Office Action Summary
`
`11/463,215
`
`Examiner
`
`MACNEIL, DAVID F.
`
`A" Unit
`
`3612 -
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`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 CF R 1.136(a).
`In no event however, may a reply be timely filed
`after SIX (6) 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).
`
`Status
`
`1)[:] Responsive to communication(s) filed on
`
`2a). This action is FINAL.
`
`2b)[:] This action is non-final.
`
`3)|:] 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.
`
`
`
`Disposition of Claims
`
`MEI Claim(s) M is/are pending in the application.
`
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`
`5)IX Claim(s) M is/are allowed.
`
`6)XI Claim(s) 25 and 26 is/are rejected.
`
`DZ] Claim(s) 2_7 is/are objected to.
`
`)8 [:1 Claim(s)
`
`are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)IZ The specification is objected to by the Examiner
`10)IZ The drawing(s) filed on 08 August 2006 is/are: a)XI accepted or b)E] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be heldIn 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)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`2)|:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)I:I All b)|:| Some * c)|:] None of:
`
`LC] Certified copies of the priority documents have been received.
`2:] Certified copies of the priority documents have been received in Application No.
`
`31:] Copies of the certified copies of the priority documents have been received in 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) El Notice of References Cited (PTO-892)
`2) El Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) D Information Disclosure Statement(s) (PTO/SB/OB)
`Paper No(s)/Mail Date
`.
`
`4) El Interview Summary (PTO-413)
`Paper N°(S)/Mall Date‘ _
`5) [I Notice 0f Informal Patent Application
`6) E] Other:
`
`[Pisiegagifgzgensaéfiggre
`
`Office Action Summary
`'
`
`Part of Paper NoMfiIFinflel 255N115 2017
`Yita V. MacNeiI IP, IPR2020-01139
`
`Page 2
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 2
`
`

`

`Application/Control Number:
`l 1/463,215
`Art Unit: 3612
`
`Page 2
`
`'
`
`DETAILED ACTION
`
`Specification
`
`1.
`
`The abstract of the disclosure is objected to because it is not on a separate sheet. Please
`
`resubmit the abstract on a separate sheet by itself. Correction is required. See MPEP
`
`§ 608.0l(b).
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of 35 USC. 103(a) which forms the basis for all
`x.
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`'
`
`3.
`
`Claims 25 and 26 are rejected under 35 USC. 103(a) as being unpatentable over
`
`Wheaton (US Patent Number 3,288,] 87).
`
`Re claim 25, Wheaton discloses a removable vehicle floor tray which may be removably
`
`installed into a vehicle foot well, comprising a floor (10) substantially occupying a horizontal
`
`plane, and a plurality of sidewalls (12) including a first longitudinally oriented upstanding
`
`sidewall extending from the floor to a top margin of the first sidewall and a second substantially
`
`transversely oriented upstanding sidewall extending from the floor to a top margin of the second
`
`sidewall, the sidewalls joined at an angle to each other, the top margin of the first sidewall being
`
`continuouswith a top margin of the second sidewall, all of said top margins being
`
`MaCNeil Exhibit 2017
`
`Yita V. MaCNeil IP, |PR2020-01139
`
`Page 3
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 3
`
`

`

`Application/Control Number:
`11/463,215
`Art Unit: 3612
`
`Page 3
`
`substantially located in a an inclined plane which tilts forwardly and upwardly relative to said
`
`horizontal plane, the inclined plane being entirely vertically spaced from the floor.
`
`Re claim 26, the sidewalls of the tray further include a third upstanding sidewall (as seen
`
`in figure 2) which extends from the floor to a top margin and a fourth upstanding sidewall (as
`
`seen in figure 1) which extends from the floor to a top margin, the top margins of the third and
`
`fourth sidewalls being continuous with the top margins of the first and second sidewalls and
`
`being substantially coplanar therewith.
`
`Wheaton does not disclose, the floor being at least five inches below a nearest one of the
`
`top margins at the deepest part of the floor.
`
`The examiner takes Official Notice that the variation in the sizes of floor mats is old and
`
`well known in the art.
`
`It would have been obvious to one having ordinary skill in the art at the time the
`
`invention was made to modify a floor tray, such as that disclosed by Wheaton, to have the floor
`
`be at least five inches below a nearest one of the top margins at the deepest part of the floor,
`
`since it has been held that where the general conditions of a claim are disclosed in the prior art,
`
`discovering the optimum or workable ranges involves only routine skill in the art. See In re
`
`Aller, 105 US PQ 233, 235 (CCPA 1955).
`
`4.
`
`Claims 21-24 are allowed.
`
`Allowable Subject Matter
`
`MaCNeil Exhibit 2017
`
`Yita V. MaCNeil IP, |PR2020-01139
`
`Page 4
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 4
`
`

`

`Application/Control Number:
`l 1/463,215
`Art Unit: 3612
`
`’
`
`Page 4
`
`5.
`
`Claim 27 is objected to as being dependent upon a rejected base claim, but would be
`
`allowable if rewritten in independent form including all of the limitations of the base claim and
`
`any intervening claims.
`
`Conclusion
`
`6.
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this
`
`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
`
`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action. In the event a first reply is filed within TWO
`
`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
`
`the end ofthe THREE-MONTH shortened statutory period, then the shortened statutory period
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(a) will be calculated from the mailing date of the advisory action.
`In no event,
`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
`
`final action.
`
`7.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Jason S. Morrow whose telephone number is (571) 272-6663.
`
`The examiner can normally be reached on Monday-Friday, 8:00a.m.-4:30p.m..
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Glenn Dayoan can be reached on (571) 272-6659. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273—8300.
`
`MaCNeil Exhibit 2017
`
`Yita V. MaCNeil IP, |PR2020-01139
`
`Page 5
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 5
`
`

`

`Application/Control Number:
`11/463,215
`Art Unit: 3612
`
`'
`
`Page 5
`
`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 http://pair-direct.uspto.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 from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800—786-9199 (IN USA OR CANADA) or 571—272-1000.
`
`Jason S. Morrow
`
`Primary Examiner
`Art Unit 3612
`
`November 25, 2007
`
`MaCNeil Exhibit 2017
`
`Yita V. MaCNeil IP, |PR2020-01139
`
`Page 6
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 6
`
`

`

`Notice of References Cited Examiner
`
`Application/Control No.
`
`‘
`
`11/463215
`
`Applicant(s)/Patent Under
`Reexamination
`MACNEIL. DAVID F.
`Art Unit
`
`3612
`
`Page 1 0“
`
`Jason S. Morrow
`u.s. PATENT DOCUMENTS
`
`Document Number
`Country Code-Number-Kind Code
`
`‘
`
`Date
`MM-YYYY
`
`A
`
`US—3,288,187
`
`11-1966
`
`WHEATON SHERMAN M
`
`.
`.
`Classrfication
`
`cccccccccccc
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`
`MM-YYYY
`
`'A copy of this reference is not being furnished with this Office action. (See MPEP § 707t05(a)t)
`Dates in MM-YYYY format are publication dates Classifications may be US or foreign.
`
`US. Patent and Trademark Office
`PTO-892 (Rev. 01—2001)
`
`Notice of References Cited
`
`Part of Paper No. 20071125
`MacNeiI Exhibit 2017
`
`Yita v. MacNeiI IP, |PR2020-01139
`
`Page 7
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 7
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BIB DATA SHEET
`
`Page 1 of 1
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria. Virginia 223l3-l450
`www.uspt0.gov
`
`CONFIRMATION NO. 6568
`
`GROUP ART UNIT ATTORNEg DOCKET
`31700.000107
`
`SERIAL NUMBER
`11/463,215
`
`F'L'Ngfilg 371(C)
`08/08/2006
`
`RULE
`
`APPLICANTS
`David F. MACNEIL, Hinsdale, IL;
`
`*1: CONTINUING DATA *************************
`
`This application is a DIV of 10/976,441 10/29/2004
`
`** FOREIGN APPLICATIONS ******************i******
`
`** IF REQUIRED, FOREIGN FILING LICENSE GRANT D ** **
`08/25/2006
`
`Foreign Priority claimed
`
`’
`
`35 use 119(a-d) conditions met
`Verified and
`Acknowledged
`
`'
`
`Allowance
`CI Met afie’
`
`nine 5
`
`'
`
`SHEETS
`
`TOTAL
`
`INDEPENDENT
`
`DRAWINGS
`
`CLAIMS
`
`CLAIMS
`
`1 2
`
`29
`
`6
`
`
`
`ADDRESS
`MOMKUS
`3051 OAK GROVE ROAD
`SUITE 220
`DOWNERS GROVE, IL 60515-1181
`UNITED STATES
`
`
`
`FILING FEE FEES: Authority has been given in Paper
`RECEIVED No._______ to charge/credit DEPOSIT ACCOUNT
`for following:
`
`CI 1.18 Fees (Issue)
`
`C] Other
`
`CI Credit
`
`BIB (Rev. 05/07),
`
`MacNeiI Exhibit 2017
`
`Yita v. MacNeiI IP, |PR2020-01139
`
`Page 8
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 8
`
`

`

`Application/Control No.
`
`Index Of Claims
`
`11463215
`
`Applicant(s)lPatent Under
`Reexamination
`
`MACNEIL, DAVID F.
`
`Examiner
`
`Morrow. Jason S
`
`
`
`Cancelled Appeal Non-Elected
`
`
`
`Objected
`
`
`
`
`Restricted
`
`Interference
`
`[I Claims renumbered in the same order as presented by applicant
`
`E] CPA
`
`E] T.D.
`
`El R.1.47
`
`CLAIM
`
`DATE
`
`_W 02/19/2007___-__-_
`—_———_--__—
`—————_-_-_-
`__——___-_—_
`—————-_—--_
`————_—-—-__
`—-——____—-_
`|
`
`_L—L (.0CD
`
`US. Patent and Trademark Office
`
`Part of Paper No.
`
`: 20071125
`
`MacNeiI Exhibit 2017
`
`Yita v. MacNeiI IP, |PR2020-01139
`
`Page 9
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 9
`
`

`

`Search Notes
`
`11463215
`
`MACNEIL
`
`Application/Control No.
`.
`
`Applicant(s)lPatent Under
`Reexamination
`
`Examiner
`
`Morrow, Jason S
`
`SEARCHED
`
`
`
`Class «mm
`97 23
`5/29/07
`/JM/
`'
`_
`5/29/07
`IJM/
`166.167.169.138
`5/29/07
`215.216
`5/29/07
`
`/JM/
`/JM/
`
`296.D12,428,
`15
`
`Search Update--a|l subs previously searched
`
`11/25/07
`
`/JM/
`
`
`
`
`
`SEARCH NOTES
`
`
`
`Search Notes mm
`'
`
`
`EAST--USPAT,USPGPUB.EPO.JPO.DERWENT.IBM-
`5/29/07
`/JM/
`
`TDB,FPRS,USOCR--see search histo
`
`
`EAST--USPAT.USPGPUB,EPO,JPO.DERWENT,|BM—
`TDB,FPRS.USOCR—-see search histo
`
`
`
`11/25/07 ‘
`
`/JM/
`
`
`
`
`
`INTERFERENCE SEARCH
`
`US Patent and Trademark Office
`
`Part 0Mg§N§if Eemlfifi 2017
`
`Yita V. MaCNeiI IP. |PR2020-01139
`
`Page 10
`
`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 10
`
`