`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`HD
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/463,215
`
`08/08/2006
`
`David F. MACNEIL
`
`31700.000107
`
`6568
`
`MOMKUS MCCLUSKEY MONROE MARSH & SPYRATOS, LLC
`3051 OAK GROVE ROAD
`SUITE 220
`DOWNERS GROVE,IL 60515-1181
`
`MORROW,JASON S
`
`3612 -
`
`11/27/2007
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time periodforreply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`MacNeil Exhibit 2017
`
`Yita v. MacNeil IP, ieeeage
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`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 1
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`
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`Application No.
`
`Applicant(s)
`
`Office Action Summary
`
`11/463,215
`Examiner
`
`MACNEIL, DAVID F.
`Art Unit
`
`3612 Se
`
`-- 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 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) 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).
`Anyreply 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).
`
`Status
`
`1)L] Responsive to communication(s) filed on
`2a)[X] This action is FINAL.
`2b)L_] This action is non-final.
`3)L) Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)X] Claim(s) 21-27 is/are pending in the application.
`4a) Of the aboveclaim(s)
`is/are withdrawn from consideration.
`5) Claim(s) 21-24 is/are allowed.
`6)X] Claim(s) 25 and 26is/are rejected.
`7) Claim(s) 27 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)X] The drawing(s) filed on 08 August 2006is/are: a)X] 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).
`Replacementdrawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`11)(_] 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)L_] Acknowledgmentis madeof a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)LJAll
`b)L_] Some * c)L] Noneof:
`1.0) Certified copies of the priority documents have beenreceived.
`2.1] Certified copies of the priority documents have been received in Application No.
`3.) Copiesofthe 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) x Notice of References Cited (PTO-892)
`2) LJ Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) L] information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date_st.
`PTOL-326(Rev.08-06).
`
`4) F] Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __
`5) _] Notice of Informal Patent Application
`6) CJ Other:
`Office Action Summary
`:
`
`Part of Paper noMarbled Zoenitis 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 2
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`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 2
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`
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`Application/Control Number:
`11/463,215
`Art Unit: 3612
`
`Page 2
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`DETAILED ACTION
`
`Specification
`
`1.
`
`The abstract of the disclosure is objected to becauseit is not on a separate sheet. Please
`
`resubmit the abstract on a separate sheet by itself. Correction is required. See MPEP
`
`§ 608.01(b).
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of 35 U.S.C. 103(a) which formsthe basis forall
`
`obviousnessrejections set forth in this Office action:
`
`(a) A patent may not be obtained thoughthe invention is not identically disclosed or described as set forth in
`section 102 ofthis title, if the differences between the subject matter sought to be patented andthe prior art are
`such that the subject matter as a whole would have been obviousat the time the invention was madeto a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`mannerin which the invention was made.
`,
`
`3.
`
`Claims 25 and 26 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Wheaton (US Patent Number3,288,187).
`
`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
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`sidewall extending from the floor to a top margin ofthe first sidewall and a second substantially
`transversely oriented upstanding sidewall extending from thefloor to a top margin of the second
`
`sidewall, the sidewalls joined at an angle to each other, the top margin ofthefirst sidewall being
`
`continuouswith a top margin of the second sidewall, all of said top margins being
`
`MacNeil Exhibit 2017
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`Yita v. MacNeil IP, IPR2020-01139
`Page 3
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`MacNeil Exhibit 2017
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`
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`Application/Control Number:
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`Art Unit: 3612
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`Page 3
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`substantially located in a an inclined plane whichtilts 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 marginsof the third and
`
`fourth sidewalls being continuouswith the top marginsofthe first and second sidewalls and
`
`being substantially coplanar therewith.
`
`Wheatondoesnotdisclose, the floor being at least five inches below a nearest one of the
`
`top marginsat the deepest part ofthe floor.
`
`The examiner takes Official Notice that the variation in the sizes of floor mats is old and
`
`well knownin theart.
`
`It would have been obvious to one having ordinary skill in the art at the timethe
`
`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 priorart,
`
`discovering the optimum or workable ranges involves only routine skill in the art. See /n re
`
`Aller, 105 US PQ 233, 235 (CCPA 1955).
`
`4,
`
`Claims 21-24 are allowed.
`
`Allowable Subject Matter
`
`MacNeil Exhibit 2017
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`Yita v. MacNeil IP, IPR2020-01139
`Page 4
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`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 4
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`
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`Application/Control Number:
`11/463,215
`Art Unit: 3612
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`Page 4
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`
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`5. Claim 27 is objected to as being dependent uponarejected base claim, but would be
`
`allowable if rewritten in independent form includingall of the limitations of the base claim and
`
`any intervening claims.
`
`Conclusion
`
`6.
`
`Applicant's amendmentnecessitated 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 shortenedstatutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the event a first reply is filed within TWO
`
`MONTHSofthe mailing date ofthis final action and the advisory action is not mailed until after
`
`the end ofthe THREE-MONTHshortenedstatutory 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 MONTHSfrom the date ofthis
`final action.
`
`7.
`Anyinquiry concerning this communication or earlier communications from the
`examinershould be directed to Jason S. Morrow whose telephone number1s (571) 272-6663.
`
`The examinercan 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 numberfor the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`MacNeil Exhibit 2017
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`Yita v. MacNeil IP, IPR2020-01139
`Page 5
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`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 5
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`
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`Application/Control Number:
`11/463,215
`Art Unit: 3612
`
`Page 5
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`Information regarding the status of an application may beobtained from the Patent —
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may beobtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applicationsis 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 CustomerService Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`November 25, 2007
`
`Jason S. Morrow
`Primary Examiner
`Art Unit 3612
`
`fé
`7 7
`//
` 4
`iN
`PRIMARY PATENT EXAMINER
`f ee?
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`MacNeil Exhibit 2017
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`Yita v. MacNeil IP, IPR2020-01139
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`MacNeil Exhibit 2017
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`
`
`Notice of References Cited Examiner
`
`
`Application/Control No.
`
`‘
`
`11/463,215
`
`Jason S. Morrow
`U.S. PATENT DOCUMENTS
`
`Document Number
`Country Code-Number-Kind Code
`
`‘Date
`MN-YYYY
`
`Applicant(s)/Patent Under
`Reexamination
`MACNEIL, DAVID F.
`Art Unit
`3612
`
`Page 1 of 1
`
`ae
`Classification
`
`
`
`
`
`
`
`
`A|US-3,288,187 11-1966 WHEATON SHERMAN M 220/571
`
`
`
`
`
`Document Number
`Country Code-Number-Kind Code
`
`MM-YYYY
`
`.
`Classification
`
`*A copyof this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYYformatare publication dates. Classifications may be US orforeign.
`
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20071125
`MacNeil Exhibit 2017
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`Yita v. MacNeil IP, IPR2020-01139
`Page 7
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`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
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`
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`
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`12illi a — ail
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Page 1 of 1
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`BIB DATA SHEET
`
`SERIAL NUMBER
`11/463,215
`
`FILINGAge 371(c)
`08/08/2006
`
`RULE
`
`APPLICANTS
`David F. MACNEIL, Hinsdale, IL;
`
`** CONTINUING DATA ****tterineiieiiie
`This application is a DIV of 10/976,441 10/29/2004
`
`ak FOREIGN APPLICATIONS RRRRREREEREREREERERREREEE
`** IF REQUIRED, FOREIGNFILING LICENSE GRANTED ** **
`08/25/2006
`
`CONFIRMATION NO. 6568
`
`GROUPART UNIT ATTORNEY DOCKET
`31700.000107
`
`CL) Credit
`
`SHEETS
`OC) Metafter DRAWINGS|CLAIMS
`
`Verified and
`Acknowledged
`“Sigh
`nitials
`'
`12
`29
`
`ADDRESS
`MOMKUS
`3051 OAK GROVE ROAD
`SUITE 220
`DOWNERS GROVE, IL 60515-1181
`UNITED STATES
`
`
`
`to charge/credit DEPOSIT ACCOUNT
`for following:
`
`LJ 1.18 Fees (Issue)
`
`CL) Other
`
`BIB (Rev. 05/07).
`
`MacNeil Exhibit 2017
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`Yita v. MacNeil IP, IPR2020-01139
`Page 8
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`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
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`
`
`Index of Claims
`
`Application/Contro! No.
`
`11463215
`
`Examiner
`
`Morrow, Jason S
`
`Applicant(s)/Patent Under
`Reexamination
`MACNEIL, DAVID F.
`
`Art Unit
`
`3612
`
`Restricted
`
`Interference
`
`Objected
`
`
`
`Non-ElectedCancelled Appeal
`
`
`
`02/19/2007
`11/25/2007
`1|=[-
`PC
`JCUTST
`poA
`pC
`
`Nowo
`
`=
`
`
`
`=a}oNENMTNTNTNTMTMLM]a]a-af|[--a}o“IBINO/H,R)_WIN]]H1/O]OlalNID!a!alawl)Mm;,=!oO
`
`
`
`U.S. Patent and Trademark Office
`
`Part of Paper No.
`
`: 20071125
`
`MacNeil Exhibit 2017
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`Yita v. MacNeil IP, IPR2020-01139
`Page 9
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`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
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`
`
`Application/Control No.
`
`Search Notes
`
`11463215
`
`Examiner
`
`Morrow, Jason S
`
`SEARCHED
`
`Applicant(s)/Patent Under
`Reexamination
`MACNEIL
`
`Art Unit
`
`3612
`
`
`
`
`
`
`
`
`/JM/
`5/29/07
`215,216
`
`296,D12,428,|Search Update--all subs previously searched 11/25/07 ISM/
`
`
`
`15
`
`|Class[|Subclass|Sate|Examiner_|
`
`JoCCCCCCSSearchNotes|Sate|Examiner_|
`EAST--USPAT,USPGPUB,EPO,JPO, DERWENT ,IBM-
`5/29/07
`ISM/
`
`SEARCH NOTES
`
`TDB,FPRS,USOCR--see search histo
`
`U.S. Patent and TrademarkOffice
`
`Part offareNnait RAB 2017
`
`Yita v. MacNeil IP, IPR2020-01139
`Page 10
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`MacNeil Exhibit 2017
`Yita v. MacNeil IP, IPR2020-01139
`Page 10
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`