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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`
`16/100,669
`
`08/10/2018
`
`Yoshitaka KOCHIDOMARI
`
`06664720004
`
`6814
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
`
`DOLAK. JAMES M
`
`PAPER NUMBER
`
`ART UNIT
`
`3618
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`NOTIFICATION DATE
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`DELIVERY MODE
`
`09/19/2019
`
`ELECTRONIC
`
`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.
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`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
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`following e—mail address(es):
`e-offiee @ sternekessler. com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`16/100,669
`Examiner
`JAMES M DOLAK
`
`Applicant(s)
`KOCHIDOMARI etal.
`Art Unit
`AIA (FITF) Status
`3618
`No
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 2 MONTHS 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 (6) MONTHS from the mailing
`date of this communication.
`|f 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
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`1). Responsive to communication(s) filed on 8/10/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
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`2b)
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`This action is non-final.
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`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
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`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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
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`5)
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`Claim(s) fl is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s) _ is/are allowed.
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`C] Claim(s) _ is/are rejected.
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`[j Claim(s)
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`is/are objected to.
`
`) ) ) )
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`6 7
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`8
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`
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`Claim(s) E are subject to restriction and/or election requirement
`9
`* If any claims have been determined aflowabie. 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
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11)[:] The drawing(s) filed on
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`is/are: a)D accepted or b)l:] 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:
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`a)D All
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`b)I:J Some**
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`c)C] None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3.[:] 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)
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`1) C] Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other' Restriction re uirement-
`.
`g
`.
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20190916
`
`

`

`Application/Control Number: 16/100,669
`Art Unit: 3618
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`Election/Restrictions
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`2.
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`Restriction to one of the following patently distinct species is required under 35
`
`U.S.C. 121:
`
`I. Species I — directed to the embodiment of Fig.1-3 (Vehicle V1 of the first
`
`embodiment);
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`ll. Species ll — directed to the embodiment of Fig.4&5 (Vehicle V2 of the
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`second embodiment);
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`III (a). Species III (a)— directed to the embodiment of Fig.6 (Vehicle V3 of the
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`third embodiment equipped with electric transaxle ET2);
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`Ill (b). Species Ill (b) — directed to the embodiment of Fig.7 (Vehicle V3 of
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`the third embodiment equipped with electric transaxle ET2a);
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`III (C). Species III (C) — directed to the embodiment of Fig.8 (Vehicle V3 of the
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`third embodiment equipped with electric transaxle ET2b);
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`IV (a). Species IV (a) — directed to the embodiment of Fig.9 (Vehicle V4 of
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`the fourth embodiment equipped with electric transaxle ET2b);
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`IV (b). Species IV (b) — directed to the embodiment of Fig.10 (Vehicle V4 of
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`the fourth embodiment equipped with electric transaxle ET2c)
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`V. Species V — directed to the embodiment of Fig.11-15 (Vehicle V5 of the
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`fifth embodiment);
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`

`

`Application/Control Number: 16/100,669
`Art Unit: 3618
`
`Page 3
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`VI. Species VI — directed to the embodiment of Fig.16-20 (Vehicle V6
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`equipped with a central engine-transmission assembly 220 of the sixth
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`embodiment).
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`3.
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`The species are independent or distinct because species l-Vl are each directed
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`to vehicle assemblies featuring different elements. The related inventions are distinct if:
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`(1) the inventions as claimed are either not capable of use together or can have a
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`materially different design, mode of operation, function, or effect; (2) the inventions do
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`not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are
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`not obvious variants. See MPEP § 806.050).
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`In the instant case, the inventions as
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`claimed are not capable of use together and are materially different in design.
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`Furthermore, the inventions as claimed do not encompass overlapping subject matter
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`and there is nothing of record to show them to be obvious variants.
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`Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or
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`a single grouping of patentably indistinct species, for prosecution on the merits to which
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`the claims shall be restricted if no generic claim is finally held to be allowable.
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`Currently, no claims appear to be generic, however Applicant is urged to further
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`review the claims to determine which claims pertain to each embodiment.
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`4.
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`There is a search and/or examination burden for the patentably distinct species
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`as set forth above because at least the following reason(s) apply: the species of
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`patentably distinct inventions require a different field of search (e.g., searching different
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`classes/subclasses or electronic resources, or employing different search strategies or
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`search queries).
`
`

`

`Application/Control Number: 16/100,669
`Art Unit: 3618
`
`Page 4
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`5.
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`Restriction for examination purposes as indicated is proper because all these
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`inventions listed in this action are independent or distinct for the reasons given above
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`fl there would be a serious search and/or examination burden if restriction were not
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`required because one or more of the following reasons apply:
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`a.
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`the inventions have acquired a separate status in the art in view of their
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`different classification;
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`b.
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`the inventions have acquired a separate status in the art due to their
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`recognized divergent subject matter;
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`c.
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`the inventions require a different field of search (for example, searching
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`different classes/subclasses or electronic resources, or employing different
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`search queries);
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`d.
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`the prior art applicable to one invention would not likely be applicable to
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`another invention;
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`e.
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`the inventions are likely to raise different non-prior art issues under 35
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`U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
`
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`Applicant is advised that the reply to this requirement to be complete must
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`include (i) an election of an invention (l-VI) to be examined even though the
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`requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims
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`encompassing the elected invention, currently no claims appear to be generic
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`however Applicant is urged to review the claims and determine if any may be
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`genefic.
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`The election of an invention may be made with or without traverse. To reserve a
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`right to petition, the election must be made with traverse. If the reply does not distinctly
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`

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`Application/Control Number: 16/100,669
`Art Unit: 3618
`
`Page 5
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`and specifically point out supposed errors in the restriction requirement, the election
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`shall be treated as an election without traverse. Traversal must be presented at the time
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`of election in order to be considered timely. Failure to timely traverse the requirement
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`will result in the loss of right to petition under 37 CFR 1.144. If claims are added after
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`the election, applicant must indicate which of these claims are readable upon the
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`elected invention.
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`Should applicant traverse on the ground that the inventions are not patentably
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`distinct, applicant should submit evidence or identify such evidence now of record
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`showing the inventions to be obvious variants or clearly admit on the record that this is
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`the case. In either instance, if the examiner finds one of the inventions unpatentable
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`over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C.
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`103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JAMES M DOLAK whose telephone number is
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`(571)270-7757. The examiner can normally be reached on 9-530 EST Monday-Friday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, J ALLEN SHRIVER can be reached on 303-297-4337. The fax phone
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`number for the organization where this application or proceeding is assigned is 571 -
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`273-8300.
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`

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`Application/Control Number: 16/100,669
`Art Unit: 3618
`
`Page 6
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`Information regarding the status of an application may be obtained from the
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`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.
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`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
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`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1 000.
`
`/JAMES M DOLAK/
`
`Primary Examiner, Art Unit 3618
`
`