`
`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
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`29/479,173
`
`01/13/2014
`
`Jiirgen KOCH
`
`3485.0010000
`
`6758
`
`STERNE, KESSLER, GOLDSTEIN & FOX PLLC. Le
`
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`CAVANNA, MARK
`
`ART UNIT
`
`2914
`
`MAIL DATE
`
`05/15/2015
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`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.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`29/479,173
`KOCH ETAL.
`
`Office Action Summary
`Examiner
`Art Unit
`AIA (First Inventor to File)
`
`
`2914MARK CAVANNA vee.
`-- 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 2MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`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, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`1) Responsive to communication(s) filed on
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon___
`2a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4)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*
`5) Claim(s) 7 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)L] Claim(s)___is/are allowed.
`7)L1 Claim(s
`is/are rejected.
`)_
`
`8)L] Claim(s)
`is/are objected to.
`9)K] Claim(s) 7 are subject to restriction and/or election requirement.
`* If any claims have been determined allowable, 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
`hito-//Awww.usoto.gov/oatenis/init events/
`
`
` nvindex.isp or send an inquiry to PPHfeecback@uspto.aoy.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`
`11) The drawing(s) filed on
`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).
`
` Attachment(s)
`
`Priority under 35 U.S.C. § 119
`12)L] Acknowledgment is made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)LJ All
`b)[] Some** c)L] None ofthe:
`1.) Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] 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.
`
`3) TC Interview Summary (PTO-413)
`1) Xx] Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`;
`,
`4 O Oth
`2) CT] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mail Date ther )
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20150502
`
`

`

`Application/Control Number: 29/479,173
`Art Unit: 2914
`
`Page 2
`
`Restriction Requirement
`
`The present application, filed on or after March 16, 2013, is being examined
`underthe first inventor to file provisions of the AIA
`
`This application discloses the following embodiments:
`
`Embodiment 1 - Figs. 1-5
`Embodiment 2 - Figs. 6-10
`
`Multiple embodiments of a single inventive concept may beincluded in the same
`design application only if they are patentably indistinct. See In re Rubinfield, 270 F.2d
`391, 123 USPQ 210 (CCPA 1959). Embodiments that are patentably distinct from one
`another do not constitute a single inventive concept and thus maynotbeincluded in the
`same design application. See /n re Platner, 155 USPQ 222 (Comm'Pat. 1967). The
`changein design of the GAS BURNER creates patentably distinct designs.
`
`Becauseof the differences identified, the embodiments are considered to either
`have overall appearancesthat are not basically the same, or if they are basically the
`same, the differences are not minor and patentably indistinct or are not shown to be
`obvious in view of analogous prior art.
`
`The above embodiments divide into the following patentably distinct groups of
`designs:
`
`Group |: Embodiment1
`Group II: Embodiment 2
`
`Restriction is required under 35 U.S.C. 121 to one of the patentably distinct
`groups of designs.
`
`A reply to this requirement must include an election of a single group for
`prosecution on the merits, even if this requirementis traversed, 37 CFR 1.143. Any
`reply that does notinclude election of a single group will be held nonresponsive.
`Applicant is also requested to direct cancelation of all drawing figures and the
`corresponding descriptions which are directed to nonelected groups.
`
`Should applicant traverse this requirement on the groundsthat the groups are
`not patentably distinct, applicant should present evidenceor identify such evidence now
`of record showing the groupsto be obvious variations of one another.
`If the groups are
`determined not to be patentably distinct and they remain in this application, any
`rejection of one group overprior art will apply equally to all other groups. See Ex parte
`Appeal No. 315-40, 152 USPQ 71 (Bd. App. 1965). No argumentasserting patentability
`based on the differences between the groups will be considered once the groups have
`been determined to comprise a single inventive concept.
`
`

`

`Application/Control Number: 29/479,173
`Art Unit: 2914
`
`Page 3
`
`In view of the above requirement, action on the merits is deferred pending
`compliance with the requirement in accordance with Ex parte Heckman, 135 USPQ 229
`(P.O. Super. Exam. 1960).
`
`Applicant is remained to provide a marked-up copy of the drawing sheet
`including annotations showing the cancellation of the non-elected groups(s).
`
`Conclusion
`
`Restriction is required. The references cited are considered pertinent to the
`claimed design but are not applied.
`
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`
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`
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`
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`customer assistance.
`
`Patentability Contacts
`
`Inquiries concerning the PATENTABILITY ONLYofthe application may be
`directed to the Examiner, MARK CAVANNA whosetelephone numberis (571)272-
`2579. The examiner can normally be reached on Mondays through Friday from 9:00
`a.m. to 5:00 p.m.
`If attempts to reach the examiner by telephone are unsuccessful, the
`examiner's supervisor, Celia Murphy, whose telephone numberis (571)-272-2654 can
`be reached on Mondaysthrough Fridays from 9 a.m. to 5:00 p.m. The fax phone
`numberfor the examiner where this application is assigned is 571-273-2579.
`
`

`

`Application/Control Number: 29/479,173
`Art Unit: 2914
`
`Page 4
`
`Official correspondences or amendments maybe faxed to 571-273-8300.
`
`/MAC/
`Mark A. Cavanna
`Examiner, Art Unit 2914
`
`/T. Chase Nelson/
`Primary Examiner, Art Unit 2914
`
`