`Response dated June 22, 2015
`Notice to Omitted Items dated April 21, 2015
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`REMARKS
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`The specification has been amended to correct certain informalities. Namely, brief
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`descriptions of FIG. 3 (A) and FIG. 3 (B) have been added to the specification to address the
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`issue on page 1 of the Notice. Applicants respectfully submit that the amendments to the
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`Specification do not add new matter to the application.
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`Further, Applicants respectfully request consideration of the presently filed declaration
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`reflecting the name “Won m SEO” of the inventor, as listed in the Application Data Sheet
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`submitted on April 3, 2015 and in the Filing Receipt mailed on April 21, 2015, and as required
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`on page 3 of the Notice.
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`If the Examiner believes, for any reason, that personal communication will expedite
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`prosecution of this application, the Examiner is invited to telephone the undersigned at the
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`number provided.
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`Prompt and favorable consideration of this Amendment is respectfully requested.
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`Respectfully submitted,
`
`/benjamin c. rothermel/
`
`Benjamin C. Rothermel
`Reg. No. 61,893
`
`Date: June 22,2015
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`CUSTOMER NUMBER: 58027
`
`H.C. Park & Associates, PLC
`1894 Preston White Drive
`
`Reston, VA 20191
`Tel: 703-288-5105
`Fax: 703-288-5139
`BCR/mkc
`
`Attachments: 1) Substitute Specification, Marked-up Copy
`2) Substitute Specification, Clean Copy
`3) Notice of Omitted Items
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`AddIESS. COMMISSIONER FOR PATENTS
`PO Box 1450
`Alexandria, ViJgLnia 22313-1450
`wwwusptogov
`
`
`
`
`F ING OR 371 (C) DATE
`
`
`
`APPLICATION NUMBER
`
`FIRST NAMED APPLICANT
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`ATTY. DOCKET NO./TITLE
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`14/678,557
`
`04/03/2015
`
`Shiro SAKAI
`
`P4639USC1
`CONFIRMATION NO. 5952
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`58027
`
`H.C. PARK & ASSOCIATES, PLC
`1894 PRESTON WHITE DRIVE
`RESTON, VA 20191
`
`FORMALITIES LETTER
`
`lllllllllIIIHIIIIIIIIIIIIIIIIIIIIIILIIIIIIIIILsIIIIIIIIIIIIIIIIIIIIIIIII
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`Date Mailed: 04/21/2015
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`NOTICE OF OMITTED |TEM(S) IN A NONPROVISIONAL APPLICATION
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`FILED UNDER 37 CFR1.53(b)
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`A filing date has been accorded to the above-identified nonprovisional application papers; however, the following
`item(s) appear to have been omitted from the application:
`
`' Figure(s) 3 described in the specification.
`
`Applicant must reply to this notice within the time period set forth in this notice to avoid abandonment of
`this application. Applicant must select one of the three following options and the reply must comply with the
`requirements set forth in the selected option and any other requirements set forth in this notice. The reply should
`also indicate which option applicant has selected.
`
`I. Petition for date of deposit: Should applicant contend that the above-noted omitted item(s) was in fact
`deposited in the US. Patent and Trademark Office (USPTO) with the nonprovisional application papers, a copy of
`this Notice and a petition (and the petition fee set forth in 37 CFR 1.17(f) with evidence of such deposit must be
`filed within TWO MONTHS of the date of this Notice. The petition fee will be refunded if it is determined that the
`item(s) was received by the USPTO. THIS TWO MONTH PERIOD IS EXTENDABLE UNDER 37 CFR 1.136(a)
`or (b).
`
`ll. Petition for later filing date: Should applicant desire to supply the omitted item(s) and accept the date that
`such omitted item(s) was filed in the USPTO as the filing date of the above-identified application, a copy of this
`Notice, the omitted item(s), and a petition under 37 CFR 1.182 with the petition fee set forth in 37 CFR 1.17(f)
`requesting the later filing date must be filed within TWO MONTHS of the date of this Notice. THIS TWO MONTH
`PERIOD IS EXTENDABLE UNDER 37 CFR 1.136(a) or (b).
`Applicant is advised that generally the filing fee required for an application is the filing fee in effect on the filing
`date accorded the application and that payment of the requisite basic filing fee on a date later than the filing date
`of the application requires payment of a surcharge (37 CFR 1.16(f)). To avoid processing delays and payment
`of a surcharge, applicant should submit any balance due for the requisite filing fee based on the later filing date
`being requested when submitting the omitted item(s) and the petition (and petition fee) requesting the later filing
`date.
`
`Ill. Acceptance of application as deposited: Applicant may accept the application as deposited in the USPTO
`by filing an appropriate amendment as set forth in either (A) or (B) below within TWO MONTHS of the date of this
`Notice. THIS TWO MONTH PERIOD IS EXTENDABLE UNDER 37 CFR 1.136(a) or (b) . The application will
`maintain a filing date as of the date of deposit of the application papers in the USPTO, and original application
`papers (i.e., the original disclosure of the invention) will include only those application papers present in the
`USPTO on the date of deposit. A petition is not required for this option.
`page 1 of 4
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`
`
`(A) If applicant wants to accept the application as deposited without adding the subject matter that was in the
`omitted item (e.g., a missing page or figure), applicant is required to submit one or more of the following items
`without adding any new matter (see 35 U.S.C. 132(a)):
`1. For a missing page of the specification,
`a) a substitute specification including claims that amends the specification to renumber the pages
`consecutively and cancels any incomplete sentences, and
`b) a statement that the substitute specification includes no new matter, in compliance with 37 CFR
`1.121(b)(3) and 1.125;
`2. For a missing figure of the drawings,
`a) replacement drawing sheets in compliance with 37 CFR 1.121 (d) to renumber the drawing figures
`consecutively (if necessary),
`b) a substitute specification excluding claims that amends the specification to cancel any references to any
`omitted drawing(s) and corrects the references in the specification to the drawing figures to correspond
`with any relabeled drawing figures, and
`c) a statement that the substitute specification includes no new matter, in compliance with 37 CFR
`1.121(b)(3) and 1.125;
`3. For a missing page of the claim listing only, a replacement claim listing with the claims renumbered
`consecutively or, if amendment to the claims is also necessary, then a complete claim listing in compliance
`with 37 CFR1.121(c);
`4. For a missing or unreadable compact disc,
`a) a substitute specification (excluding the claims) deleting the reference to the compact disc and the files
`contained on the compact disc, and
`b) a statement that the substitute specification includes no new matter, in compliance with 37 CFR
`1.121(b)(3) and 1.125; and
`5. For a missing or unreadable file submitted on a compact disc,
`a) a substitute specification (excluding the claims) deleting the reference to the missing or unreadable file,
`and a statement that the substitute specification includes no new matter, in compliance with 37 CFR
`1.121(b)(3) and 1.125; and
`b) a replacement transmittal letter listing all of the files except the missing or unreadable file in compliance
`with 37 CFR 1.52(e)(3)(ii).
`(B) Alternatively, if applicant wants to accept the application as deposited but wishes to add the subject matter in
`the omitted item (e.g., a missing page or figure) by relying on an incorporation by reference under 37 CFR 1.57 or
`other portions of the original disclosure, applicant is required to submit one or more of the following items without
`adding any new matter (see 35 U.S.C. 132(a)):
`1.To add the subject matter in a missing page of specification,
`a) a substitute specification excluding claims and
`b) a statement that the substitute specification includes no new matter, in compliance with 37 CFR
`1.121(b)(3) and 1.125;
`2. To add a missing figure of the drawings, new and replacement drawing sheets in compliance with 37 CFR
`1.121(d);
`3. To add the subject matter in a missing page of the claim listing, a complete claim listing in compliance with 37
`CFR 1.121 (c) (e.g., a claim in the missing page should be submitted as a new claim);
`4. To add the subject matter in a missing or unreadable compact disc,
`a) a replacement compact disc and a duplicate copy of the compact disc, in compliance with 37 CFR 1.52(e);
`and
`
`b) a statement that the replacement compact disc contains no new matter in compliance with 37 CFR
`1.52(e)(4); and,
`5. To add the subject matter in a missing or unreadable file submitted on a compact disc,
`a) a replacement compact disc that contains all of the files listed in the specification including the missing or
`unreadable file and a duplicate copy of the compact disc, in compliance with 37 CFR 1.52(e); and
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`page 2 of 4
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`
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`b) a statement that the replacement compact disc contains no new matter in compliance with 37 CFR
`1.52(e)(4).
`
`lf applicant is relying on an incorporation by reference under 37 CFR 1.57 to add the omitted subject matter, then
`applicant must also comply with the requirements of 37 CFR 1.57.
`
`Applicant is cautioned that correction of the above items may cause the specification and drawings page count to
`exceed 100 pages. If the specification and drawings exceed 100 pages, applicant will need to submit the required
`application size fee.
`
`' Surcharge as set forth in 37 CFR 1.16(f) must be submitted.
`The surcharge is due for any one of:
`' late submission of the basic filing fee, search fee, or examination fee,
`' late submission of inventor's oath or declaration,
`' filing an application that does not contain at least one claim on filing, or
`' submission of an application filed by reference to a previously filed application.
`
`SUMMARY OF FEES DUE:
`
`The fee(s) required within TWO MONTHS from the date of this Notice to avoid abandonment is/are itemized
`below. No entity status discount is in effect. If applicant is qualified for small entity status, a written assertion of
`small entity status must be submitted to establish small entity status. (See 37 CFR 1.27). If applicant is qualified
`for micro entity status, an acceptable Certification of Micro Entity Status must be submitted to establish micro
`entity status. (See 37 CFR 1.29 and forms PTO/SB/15A and 158.)
`' $140 surcharge.
`' $( 0) previous unapplied payment amount.
`. $140 TOTAL FEE BALANCE DUE.
`
`Items Required To Avoid Processing Delays:
`
`Applicant is notified that the above-identified application contains the deficiencies noted below. No period for
`reply is set forth in this notice for correction of these deficiencies. However, if a deficiency relates to the inventor's
`oath or declaration, the applicant must file an oath or declaration in compliance with 37 CFR 1.63, or a substitute
`statement in compliance with 37 CFR 1.64, executed by or with respect to each actual inventor no later than the
`expiration of the time period set in the "Notice of Allowability" to avoid abandonment. See 37 CFR 1.53(f).
`
`' A properly executed inventor's oath or declaration has not been received for the following inventor(s):
`Won Chul SEO
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`page 3 of 4
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`
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`Replies must be received in the USPTO within the set time period or must include a proper Certificate of Mailing
`or Transmission under 37 CFR 1.8 with a mailing or transmission date within the set time period. For more
`information and a suggested format, see Form PTO/SB/92 and MPEP 512.
`
`Replies should be mailed to:
`
`Mail Stop Missing Parts
`Commissioner for Patents
`PO. Box 1450
`Alexandria VA 22313-1450
`
`Registered users of EFS-Web may alternatively submit their reply to this notice via EFS-Web, including a copy
`of this Notice and selecting the document description "Applicant response to Pre-Exam Formalities Notice".
`https://sportal.uspto.gov/authenticate/AuthenticateUserLocalEPF.html
`
`For more information about EFS-Web please call the USPTO Electronic Business Center at 1-866-21 7-9197 or
`visit our website at http://www.uspto.gov/ebc.
`
`If you are not using EFS—Web to submit your reply, you must include a copy of this notice.
`
`/cma/
`
`
`
`Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
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`page 4 of 4
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`