`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`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
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON, DC 20005
`
`CAVANNA, MARK
`
`2914
`
`DATE MAILED: 08/05/2015
`
`01/13/2014
`291479,173
`TITLE OF INVENTION: GAS BURNER
`
`Jiirgen KOCH
`
`3485.0010000
`
`6758
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`$280
`
`$0
`
`$0
`
`$280
`
`11/05/2015
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT BE EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLYTO THIS NOTICE:
`
`I. Review the ENTITY STATUSshownabove.If the ENTITY STATUSis shown as SMALL or MICRO,verify whether entitlement to that
`entity status still applies.
`If the ENTITY STATUSis the same as shown above, pay the TOTAL FEE(S) DUE shown above.
`If the ENTITY STATUSis changed from that shown above, on PART B - FEE(S) TRANSMITTAL,complete section number5 titled
`"Change in Entity Status (from status indicated above)".
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amountof small entity
`fees.
`
`II. PART B - FEE(S) TRANSMITTAL,orits equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE(if required). If you are charging the fee(s) to your deposit account, section "4b"
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`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalentof Part B.
`
`IH. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advisedto the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenancefees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 02/11)
`
`Page | of 3
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (571)-273-2885
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE(if required). Blocks 1
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS"for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any changeof address)
`
`26111
`
`7590
`
`08/05/2015
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON, DC 20005
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`apers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(Depositor's name)
`(Signature)
`
`(ate)
`
`APPLICATION NO.
`
`FILING DATE
`
`01/13/2014
`29/479 ,173
`TITLE OF INVENTION: GAS BURNER
`
`
`
`
`
` FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`Jiirgen KOCH
`
`3485.0010000
`
`6758
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`$280
`
`$0
`
`$0
`
`$280
`
`11/05/2015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`CAVANNA, MARK
`
`2914
`
`DO7-407000
`
`
`
`
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`LI Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LI "Fee Address" indication (or "Fee Address” Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`2. For printing on the patent front page,list
`(1) The namesofup to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) The nameofa single firm (having as a member a
`2
`registered attorney or agent) and the namesof up to
`2 registered patent attorneys or agents. If nonameis
`listed, no namewill be printed.
`
`
`
`43
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`LV individual LJ Corporation or other private group entity (J Government
`
`4a. The following fee(s) are submitted:
`L] Issue Fee
`_] Publication Fee (No small entity discount permitted)
`LL] Advance Order - # of Copies
`
`
`
`4b. Paymentof Fee(s): (Please first reapply any previously paid issue fee shown above)
`LIA checkis enclosed.
`Lj Paymentby credit card. Form PTO-2038 is attached.
`[I The directoris hereby authorized to charge the required fee(s), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy ofthis form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`Lj Applicantcertifying micro entity status. See 37 CFR 1.29
`
` Lj Applicant changing to regular undiscounted fee status.
`
`Lj Applicant asserting small entity status. See 37 CFR 1.27
`
`
`NOTE: Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill not be accepted at the risk of application abandonment.
`
`NOTE:If the application was previously under micro entity status, checking this box will be taken
`to be a notification ofloss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification ofloss of entitlement to small or micro
`entity status, as applicable.
`
`NOTE: This form mustbe signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 14 for signature requirements and certifications.
`
`Authorized Signature
`
`
`
`Date
`
`Typed or printed name
`
`
`
`Registration No.
`
`
`
`PTOL-85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB 0651-0033
`
`USS. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`FIRST NAMED INVENTOR
`
`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
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`29/479,173
`
`01/13/2014
`
`Jiirgen KOCH
`
`3485.0010000
`
`6758
`
`26111
`
`7590
`
`08/05/2015
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`CAVANNA, MARK
`
`2914
`
`DATE MAILED: 08/05/2015
`
`Determination of Patent Term Extension or Adjustment under 35 U.S.C. 154 (b)
`
`Design patents have a term measured from the issue date of the patent and the term remains the same length
`regardless of the time that the application for the design patent was pending. Since the above-identified application is
`an application for a design patent, the patentis not eligible for Patent Term Extension or Adjustment under 35 U.S.C.
`154(b).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
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`1320.5(b).
`
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`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication
`of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a
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`enforcement agency,if the USPTO becomesawareof a violation or potential violation of law or regulation.
`
`

`

`
`
`Notice of Allowability
`For
`i
`icati
`A Design Application
`
`Application No.
`29/479,178
`Examiner
`MARK CAVANNA
`
`Yes
`
`Applicant(s)
`KOCH ETAL
`Art Unit
`AIA (First Inventorto File)
`2914
`Status
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENT RIGHTS. This application is subject to withdrawal from issue at the
`initiative of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`1. K] This communication is responsive to amendments received 07/09/2015.
`LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon
`2. J An election was madeby the applicant in response to a restriction requirementset forth during the interview on___;
`the restriction requirement and election have been incorporated into this action.
`
`3. KJ The claim is allowed.
`
`4.2 Acceptable drawings:
`(a) (] The drawingsfiledon___ are accepted by the Examiner.
`(b) (J Drawing Figures
`filedon____ and drawing Figures
`filedon____ are accepted by the Examiner.
`
`5. 1 The claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f) is acknowledged.
`
`Certified copies:
`a) CJ All
`b)[]Some *c)[JNone ofthe:
`1. [1 Certified copies of the priority documents have been received.
`2. C1 Certified copies of the priority documents have beenreceived in Application No.
`3. [1] Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`“ Certified copies not received:
`
` U.S. Patent and Trademark Office
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE?”of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`6. K] CORRECTED DRAWINGS(as “replacement sheets”) must be submitted.
`
`XJ
`
`including changes required by the attached Examiner’s Amendment / Commentor in the Office action of
`
`.
`Paper No./Mail Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`Attachment(s)
`
`1. [J] Notice of References Cited (PTO-892)
`2. Information Disclosure Statements (PTO/SB/08),
`Paper No./Receipt Date
`3. FJ Interview Summary (PTO-413),
`Paper No./Mail Date
`.
`
`NOTE:
`
`4. K] Examiner's Amendment/Comment
`5. (J Examiner's Statement of Reasonsfor Allowance
`
`6. J] Other OAA.
`
`PTOL-37D (Rev. 05-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20150725
`
`

`

`Application/Control Number: 29/479,173
`Art Unit: 2914
`
`Page 2
`
`Examiner’s Amendment
`
`An examiner’s amendmentto the record appears below. Should the changes
`and/or additions be unacceptable to applicant, an amendment maybefiled as provided
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`submitted no later than the paymentof the issue fee.
`
`The present application, filed on or after March 16, 2013, is being examined
`underthe first inventor to file provisions of the AIA.
`
`Restriction Requirement Response
`
`Applicant’s election of Group 1
`
`in the reply filed on 07/09/2015 is acknowledged.
`
`This application contains the following patentably distinct groups of designs:
`
`Group |: Embodiment1
`Group II: Embodiment 2
`
`Restriction was required under 35 U.S.C. 121 to one of the patentably distinct
`groups of designs.
`
`In the responseto the written restriction requirement issued 05/15/2015,
`applicant has elected to prosecute the design of Group I.
`
`Group II has been withdrawn from further consideration by the examiner, 37
`CFR 1.142(b), as being a nonelected design. The examiner has provided a marked-up
`copy of the drawing sheets including an annotation showing the cancellation of the non-
`elected drawings of group 2. The figure descriptions corresponding to the canceled
`drawings of Group II have also been cancelled.
`
`Corrected Drawing Must Be Submitted
`
`The lines used to depict the GAS BURNER are jagged, rough andpixilated.
`Some of the lines are also gray and not black. See examples below. Required
`Correction. Applicant must redraw the figures so every line is sharp and clean,
`separate and distinct, uniformly thick, smooth, well defined and black. All drawing lines
`must be strong enough and of good enough quality to be adequately reproduced, 37
`CFR 1.84(L). A complete set of corrected replacement drawings is required.
`
`

`

`Application/Control Number: 29/479,173
`Art Unit: 2914
`
`Page 3
`
`
`
`A complete set of corrected drawing sheets are required in reply to the Office
`action to avoid abandonmentof the application. Any amended replacement drawing
`sheet should include all of the figures appearing on the immediate prior version of the
`sheet, evenif only one figure is being amended. The figure or figure numberof 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
`madeto 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.
`If all the figures on a drawing sheet are canceled, a replacement
`sheet is not required. A marked-up copy of the drawing sheet (labeled as “Annotated
`Sheet”) including an annotation showing thatall the figures on that drawing sheet have
`been canceled must be presented in the amendment or remarks section that explains
`the change to the drawings. 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 applicantwill be notified and informed of any required corrective action in the next
`Office action.
`
`Whenpreparing new drawings in compliance with the requirement therefor, care
`mustbe exercised to avoid introduction of anything which could be construed to be new
`matter prohibited by 35 U.S.C. 132 and 37 CFR 1.121.
`
`Examiner’s Notes
`
`The examiner understandsthe circular areas around the perimeter of the GAS
`BURNER seenin figs. 1, 2 and 5 are gasorifices and their exact internal configuration
`is de minimis in the understanding of the ornamentality of the claimed design.
`
`The examiner also understands the exact depth of the circular area seenin fig. 4
`to be de minimis in the understanding of the ornamentality of the claimed design. The
`exact depth of the circular areais limited to a minimal possible range due to the location
`of gas orifices and the inner upper surface of the GAS BURNER.
`
`

`

`Application/Control Number: 29/479,173
`Art Unit: 2914
`
`Page 4
`
`Additionally, the examiner understandsthe spatial relationship of the small
`internal element seen within the circular area of fig. 5 to be de minimis in the
`understanding of the claimed design due toits relative small size and location, and also
`as it is an interior element of the design. See below.
`
`
`
`Conclusion
`
`The claimed design is patentable over the referencescited.
`
`ContactInformation
`
`Anyinquiry concerning this communication or earlier communications from the
`examiner should be directed to MARK CAVANNA whosetelephone numberis
`(571)272-2579. The examiner can normally be reached on Mondaythrough Friday from
`approximately 9:00 AM to 5:00 PM and at various other times throughout the week and
`weekend.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner's
`supervisor, Celia Murphy, can be reached on (571)-272-2654.
`
`The fax phone numberfor the organization where this application or proceeding
`is assigned is 571-273-8300.
`
`Application Information
`
`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://portal.uspto.gov/external/portal.
`
`

`

`Application/Control Number: 29/479,173
`Art Unit: 2914
`
`Page 5
`
`Should you have questions on accessto the Private PAIR system, contact the
`Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`/MAC/
`Mark A. Cavanna
`Examiner
`
`/T. Chase Nelson/
`Primary Examiner, Art Unit 2914
`
`