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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/218,735
`
`12/13/2018
`
`Tomas Schwarz
`
`4387.004000X
`
`2767
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`GILBERT, SAMUEL G
`
`ART UNIT
`
`3791
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/30/2020
`
`ELECTRONIC
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`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
`following e-mail address(es):
`e-office @ sternekessler.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)) 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)0) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)X None ofthe:
`b)L) Some**
`a)L) All
`1... Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1.) 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) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`Other: initialled ADS
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20200427
`
`Application No.
`Applicant(s)
`16/218,735
`Schwarzetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`SAMUEL G GILBERT
`3791
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 2 MONTHS 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 betimely filed after SIX (6) MONTHSfrom 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) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 3/30/2020.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)(J This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on__; the restriction requirement and election have been incorporatedinto 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`)
`)
`
`Disposition of Claims*
`32-60 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Claim(s) 32-60 is/are allowed.
`OO Claim(s
`)____ is/are rejected.
`OO Claim(s)__is/are objectedto.
`CL) Claim(s)
`are subjectto restriction and/or election requirement
`* If any claims have been determined allowable, you maybeeligible 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 PPHfeedback@uspto.gov.
`
`

`

`Application/Control Number: 16/218,735
`Art Unit: 3791
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
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`under the first inventor to file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`A requestfor continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), wasfiled in this application after allowance or after an Office
`
`action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since
`
`this application is eligible for continued examination under 37 CFR 1.114, and the fee
`
`set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has
`
`been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on 3/30/2020
`
`has been entered.
`
`Specification
`
`The disclosure is objected to because of the following informalities: paragraphs
`
`[0001] through [0006] are not consistent with the Application Data Sheetfiled 3/30/2020.
`
`Appropriate correction is required.
`
`Allowable Subject Matter
`
`Claims 32-60 are allowed.
`
`

`

`Application/Control Number: 16/218,735
`Art Unit: 3791
`
`Page 3
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`Conclusion
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`This application is in condition for allowance exceptfor the following formal
`
`matters: the specification paragraphs [0001] through [0005] are not consistent with the
`
`Application Data Sheetfiled 3/30/2020.
`
`Prosecution on the merits is closed in accordance with the practice under Ex
`
`parte Quayle, 25 USPQ 74, 453 OG 213 (Comm’r Pat. 1935).
`
`Since this application has been granted special status under the accelerated
`
`examination program, a shortened statutory period for reply to this action is set to expire
`
`TWO (2) MONTHSfrom the mailing date of this letter. Extensions of this time period
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`may be granted under 37 CFR 1.136(a). However, filing a petition for extension of time
`
`will result in the application being taken out of the accelerated examination program.
`
`The objective of the accelerated examination program is to complete the
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`examination of an application within twelve months from the filing date of the
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`application. To meet that objective, any reply mustbefiled electronically via EFS-Web
`
`so that the paperswill be expeditiously processed and considered. If the reply is not
`
`filed electronically via EFS-Web, the final disposition of the application may occur later
`
`than twelve months from the filing of the application.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to SAMUEL G GILBERT whosetelephone number is
`
`(571)272-4725. The examiner can normally be reached on MaxiFlex; M-F 8-5.
`
`

`

`Application/Control Number: 16/218,735
`Art Unit: 3791
`
`Page 4
`
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`
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`
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`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Charles Marmor can be reached on 571-272-4730. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
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`
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`
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`to the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-
`
`272-1000.
`
`/SAMUEL G GILBERT/
`Primary Examiner, Art Unit 3791
`
`