`
`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
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`APPLICATION NO.
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`
`
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` FILING DATE
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`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
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`CONFIRMATIONNO.
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`29/544,312
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`11/02/2015
`
`Jody Akana
`
`2607.4870003(P16718USC3)
`
`5467
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`STERNE, KESSLER, GOLDSTEIN & FOX PLLC. Le
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`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`BUI, DANIEL
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`ART UNIT
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`2912
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`MAIL DATE
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`09/19/2016
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL-90A (Rev. 04/07)
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`

`

`
`Application No.
`Applicant(s)
`
` 29/544,312 AKANA ETAL.
`Office Action Summary
`Examiner
`Art Unit
`AIA (First Inventorto File)
`
`
`2912DANIEL BUI Na
`-- 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 underthe 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).
`Anyreply 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 betimely filed
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`Status
`1)L] Responsive to communication(s) filed on
`LJ A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiledon__
`2a)L] This action is FINAL.
`2b) This action is non-final.
`3)L] Anelection was made bythe applicant in responsetoarestriction requirementset forth during the interview on
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`___} the restriction requirement and election have been incorporated into this action.
`4)X] Since this application is in condition for allowance exceptfor formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
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` Attachment(s)
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`Disposition of Claims*
`5)KX] 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)L] Claim(s)__ is/are rejected.
`8)X] Claim(s) 7 is/are objectedto.
`
`9)L] Claim(s)
`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
`J/Ayww. usoto.cov/patenis/init events/
`
`
`
`nit
`/index.iso or send an inquiry to PPHicedback@uspte. dov.
`
`Application Papers
`10)KX] The specification is objected to by the Examiner.
`
`11)L] The drawing(s)filed on
`is/are: a)L_] 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:
`a)L] 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 receivedin 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) CT] Interview Summary (PTO-413)
`1) XxX] Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`.
`.
`4 Ol Other:
`2) X Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`
`Paper No(s)/Mail Date 11/04/2015. ther )
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
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`Part of Paper No./Mail Date 20160916
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`

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`Application/Control Number: 29/544,312
`Art Unit: 2912
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`Page 2
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`The present application is being examined underthe pre-AIAfirst to invent provisions.
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`QUAYLE ACTION
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`Applicants’ Preliminary Amendments to the Specification and to the Drawings received
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`November 04, 2015 are acknowledged.
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`Claim to Priority
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`The claim to priority as being -“a continuation of and claimspriority to U.S. Design Application
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`No. 29/481,729, filed February 10, 2014, which is a continuation of and claimspriority to U.S.
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`Design Application No. 29/431,841”- is objected to because applicants’ have not fully complied
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`with one or more conditions set forth in 35 U.S.C. 120 to receive the benefit of the earlierfiling
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`date. Thelater-filed application must contain only subject matter disclosed in the prior
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`application according to the description requirement of 35 U.S.C. 112,first paragraph.
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`Applicants have graphically described a design that they were not in possession ofat the time the
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`parent case wasfiled. Specifically applicants have introduced an end portion (A) that has no
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`antecedent basis, and was not described in applications 29/481,729 and 29/431,841. Since
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`the end portion (A) would have been new in applications 29/481,729 and 29/431.841,
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`the
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`claim to priority as a continuation is improper.
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`*
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`

`

`Application/Control Number: 29/544,312
`Art Unit: 2912
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`Page 3
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`To overcomethis objection, this application is required:
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`A. Submission of a new oath or declaration along with the surcharge set forth in 37 CFR 1.16(f);
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`B. The application be redesignated as a continuation-in-part application rather than a
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`continuation application, along with a continuation-in-part caution (such as “Reference to this
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`design application as a continuation-in-part under 35 U.S.C. 120 is acknowledged. However,
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`unless the filing date of the earlier application is actually needed, such as to avoid intervening
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`prior art, the entitlement to priority in this CIP application will not be considered. See Jn re
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`Corba, 212 USPQ 825 (Comm’r Pat. 1981)’”), and
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`C. Amendingthe specification as noted by the Examiner, above.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to Daniel D. Bui whose telephone numberis 571-272-2618. The examiner
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`can normally be reached on Mondayto Friday from 10:00 AM to 6:30 PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Ian
`
`Simmons, can be reached on 571-272-2658. The fax phone numberfor the organization where
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`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).
`
`/Daniel Bui/
`
`Primary Examiner
`
`Art Unit 2912
`
`