www.uspto.gov
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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
`
`29/689,358
`
`04/29/2019
`
`Jody Akana
`
`2607.8550004(P25033USC4)
`
`1066
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`DAVIS, ANTOINE D
`
`ART UNIT
`
`2917
`
`PAPER NUMBER
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`06/28/2019
`
`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):
`
`Apple-eOA @sternekessler.com
`e-office @ sternekessler.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Application No.
`Applicant(s)
`29/689 358
`Akana et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ANTOINE D DAVIS
`2917
`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 3 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
`CA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)JThis action is non-final.
`3)C) An election was made by the applicant in responseto 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 Exparfe Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`6 7
`
`Disposition of Claims*
`one is/are pending in the application.
`5)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`[) Claim(s)__is/are allowed.
`Claim(s) one is/are rejected.
`() Claim(s) _ is/are objectedto.
`8)
`9) ( Claim(s)
`are subject to 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11) The drawing(s)filed on 04/29/2019 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)() Acknowledgmentis made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`c)1) None of the:
`b)( Some**
`a)Q All
`1.1) 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 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.
`
`Attachment(s)
`
`1) [[] Notice of References Cited (PTO-892)
`
`2) (Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(7) Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20190617
`
`

`

`Application/Control Number: 29/689,358
`Art Unit: 2917
`
`Page 2
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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.
`
`This application has been examined with the following effect set forth herein
`
`under.
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`The following order or arrangement should be observedin framing a design
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`patent specification, see 37 C.F.R. 1.154:
`
`(1)
`
`Preamble, stating name of the applicant, title of the design, and a brief
`
`description of the nature and intended use of the article in which the design is
`
`embodied.
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`(2)|Cross-reference to related applications.
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`(3)|Statement regarding federally sponsored research or development.
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`(4)—Description of the figure or figures of the drawing.
`
`(5)
`
`(6)
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`Feature description.
`
` Asingle claim.
`
`Applicant should note that there is no reference to an “appendix”in the
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`specification. Thus, the statement, “The attached...reference thereto.” Must be
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`cancelled in the next office action.
`
`Further, the cross-reference to related applications must be updated showing the
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`current statuses.
`
`The claim is rejected under 35 U.S.C. 102(a) as clearly anticipated by D745,421
`
`because the invention was knownor usedbyothers in this country, or patented or
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`

`

`Application/Control Number: 29/689,358
`Art Unit: 2917
`
`Page 3
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`describedin a printed publication in this or a foreign country before the invention thereof
`
`by the applicant for patent.
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`The shape and appearance of the Welsh planer shown in D387,070is identical in
`
`all material respects to that of the claimed design, Hupp v. Siroflex of America Inc., 122
`
`F.3d 1456, 43 USPQ2d 1887 (Fed. Cir. 1997).
`
`Assetforth above, The claim is rejected under 35 U.S.C. 102(a) as clearly
`
`anticipated by D745,421.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ANTOINE D DAVIS whosetelephone number is
`
`(571)272-2636.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, susan E. Krakower, can be reached on 571-272-4496. The fax phone
`
`number for the organization where this application or proceeding is assigned is 703-
`
`872-9306.
`
`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.
`
`

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`Application/Control Number: 29/689,358
`Art Unit: 2917
`
`Page 4
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`Should you have questions on accessto the Private PAIR system, contact the
`
`Electronic Business Center (EBC) at 866-217-9197(toll-free).
`
`/Antoine D Davis/
`Primary Examiner, Art Unit 2917
`
`Monday, June 17, 2019
`
`