UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/182,206
`
`11/06/2018
`
`W. Lynn Frazier
`
`P-123706.7(UTI)(CIP3)
`
`3976
`
`Jackson Walker LLP
`112 E Pecan
`Suite 2400
`San Antonio TX 78205
`
`RO, YONG-SUK
`
`3676
`
`PAPERNUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/18/2019
`
`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.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`
`SanAntonioIPDocket @jw.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`16/182,206
`Examiner
`YONG-SUK (PHILIP) R0
`
`Applicant(s)
`Frazier, W. Lynn
`Art Unit
`AIA (FITF) Status
`3676
`Yes
`
`- 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 g 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.
`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 11/6/2018.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`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.
`
`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.
`
`Disposition of Claims*
`5)
`Claim(s)
`
`1—39 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`E] Claim(s)
`
`is/are allowed.
`
`Claim(s) & is/are rejected.
`
`[:1 Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`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 11/6/2018 is/are: a)l:] 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).
`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:
`
`a)I:I All
`
`b)D Some**
`
`c)D None of the:
`
`1.[:] Certified copies of the priority documents have been received.
`
`2.[:] Certified copies of the priority documents have been received in Application No.
`
`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)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20191015
`
`

`

`Application/Control Number: 16/182,206
`Art Unit: 3676
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Specification
`
`The abstract of the disclosure is objected to because it is a single run-on
`
`sentence. Correction is required. See MPEP § 608.01 (b).
`
`Drawings
`
`The drawings are objected to because Fig 2 has two horizontal lines at bottom
`
`and one horizontal line near reference number 13, and Fig 3 has reference number 10
`
`with two lines and includes hand drawn lines and hand written reference numbers and
`
`circle 30 is not complete and reference number 2125 is not in specification, and Fig.
`
`3E1 needs to be hatched, and Fig 3F1 has hand drawn lines, hand written words and
`
`reference numbers, and Fig 3F2 has hand drawn lines, hand written reference number,
`
`and Figs. 3G and 3H are not clear (they must be drawn with black and white line
`
`drawings with proper hatching) and have hand drawn lines, hand written reference
`
`numbers, Fig. 4C has hand drawn arrow near reference number 206, Fig. 5 has missing
`
`reference number for a ball at bottom, and Figs. 10A-10E have hand drawn elements,
`
`lines, arrows.
`
`Applicant’s cooperation is requested in correcting any possible drawing
`
`errors in all figures.
`
`

`

`Application/Control Number: 16/182,206
`Art Unit: 3676
`
`Page 3
`
`Corrected drawing sheets in compliance with 37 CFR 1.121 (d) are required in
`
`reply to the Office action to avoid abandonment of the application. Any amended
`
`replacement drawing sheet should include all of the figures appearing on the immediate
`
`prior version of the sheet, even if only one figure is being amended. The figure or figure
`
`number of an amended drawing should not be labeled as “amended.” If a drawing figure
`
`is to be canceled, the appropriate figure must be removed from the replacement sheet,
`
`and where necessary, the remaining figures must be renumbered and appropriate
`
`changes made to the brief description of the several views of the drawings for
`
`consistency. Additional replacement sheets may be necessary to show the renumbering
`
`of the remaining figures. Each drawing sheet submitted after the filing date of an
`
`application must be labeled in the top margin as either “Replacement Sheet” or “New
`
`Sheet” pursuant to 37 CFR 1.121 (d).
`
`If the changes are not accepted by the examiner,
`
`the applicant will be notified and informed of any required corrective action in the next
`
`Office action. The objection to the drawings will not be held in abeyance.
`
`Claim Rejections - 35 USC § 1 12
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claim 1-39 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the
`
`

`

`Application/Control Number: 16/182,206
`Art Unit: 3676
`
`Page 4
`
`subject matter which the inventor or a joint inventor, or for pre-AlA the applicant regards
`
`as the invention.
`
`Claims 1 and 40 recite “the first ring’s post-set configuration” and “the second
`
`ring’s post-set configuration” lack antecedent basis.
`
`Claim 8 recites “the post-set ring’s separation space”, “the first ring’s post-set
`
`gap” and “the second ring’s post-set gap” lack antecedent basis.
`
`Claims 1, 4, 9, 28, 29, 34-38, and 40 recites “when”. The use of the term "when"
`
`renders the claim indefinite because "when" indicates that the respective limitation is not
`
`required. Therefore, it is unable to determine the metes and bounds of the claim.
`
`Claims 19, 37 and 39 uses the term "its” that is a non-descriptive term and not
`
`acceptable claim terminology.
`
`Claims 2-7 and 9-35 rejected as being respectively dependent on claims 1 and 8.
`
`Applicant’s cooperation is requested in correcting any possible 112 errors
`
`in all claims.
`
`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure. See Notice of reference Cited.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to YONG-SUK (PHILIP) RO whose telephone number is
`
`(571)270-5466. The examiner can normally be reached on Monday-Friday 8:00-4:30.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`

`

`Application/Control Number: 16/182,206
`Art Unit: 3676
`
`Page 5
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Waseem Moorad can be reached on 571 -270-3436. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`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.
`
`YONG-SUK (PHILIP) RO
`
`Primary Examiner
`Art Unit 3676
`
`/YONG-SUK RO/
`
`Primary Examiner, Art Unit 3676
`
`

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