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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
`
`29/759,917
`
`11/25/2020
`
`Derek Michael UNDERHILL
`
`054985-000162-010
`
`1044
`
`Jones Day
`250 Vesey Street
`New York, NY 10281-1047
`
`NEMETH,CHRISTY M
`
`2922
`
`12/30/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
`
`japarker @jonesday.com
`ncgeorge@jonesday.com
`wtokmakidis @jonesday.com
`
`PTOL-90A (Rev. 04/07)
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`
`
`
`
`Disposition of Claims*
`11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`(J) Claim(s)__ is/are allowed.
`(J Claim(s)__ is/are rejected.
`(0 Claim(s) _ is/are objected to.
`O 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 12/20/2022 is/are: a)[v) 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)1.) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)O) None ofthe:
`b)() Some**
`a)D 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.
`3.2.) 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)
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`1)
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`Notice of References Cited (PTO-892)
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`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)
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`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
`
`Part of Paper No./Mail Date 20221227
`
`Application No.
`Applicant(s)
`29/759,917
`UNDERHILL etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHRISTY M NEMETH
`2922
`Yes
`
`
`
`-- 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 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
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`1) Responsive to communication(s) filed on 12/20/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)() This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Application/Control Number: 29/759,917
`Art Unit: 2922
`
`Page 2
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`QUAYLE ACTION
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined underthefirst
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`inventorto file provisions of the AIA.
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`Continued Prosecution Application (CPA)
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`The requestfiled on 12/20/2022 for a Continued Prosecution Application (CPA) under 37 CFR
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`1.53(d) based on parent Application No. 29/759,917 is acceptable and a CPAhas been established. An
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`action on the CPA follows.
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`The amendmentfiled on 12/20/2022 has been reviewed and is acknowledged by the examiner.
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`Amendment
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`This application has been carefully examined and is in condition for allowance except for the
`
`Application Status
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`following formal matters:
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`Objection to the Specification - Figure Descriptions
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`The description of Fig. 7 is objectionable because its description as a “rear plan view”is
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`inaccurate in view of the description of Fig. 6 as a “top plan view”. To the examiner’s best understanding,
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`Fig. 7 is a bottom plan view. Therefore, the description of Fig. 7 must be amendedto read as follows:
`
`Fig. 7 is a bottom plan view thereof.
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`Objection to the Specification - Descriptive Statement
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`In order to properly describe the nature and purpose of the broken lines in the drawings, as per
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`MPEP §1503.02dID, a broken line statement must be includedin the specification. It is critical that said
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`description of the broken lines in the specification explicitly identifies their purpose so that the scope of
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`the claim is clear; for example, environmental structure or subject matter, surface indicia, a claim
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`boundary, or portions of the article that form no part of the design to be patented. Based on applicant’s
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`disclosure, the following statement is suggested:
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`The broken lines in the drawings are for the purposeofillustrating portions of the article
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`that form no part of the claimed design.
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`
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`Application/Control Number: 29/759,917
`Art Unit: 2922
`
`Page 3
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`The claimed design is patentable over the referencescited.
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`Conclusion
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`Prosecution on the merits is closed in accordance with the practice under Ex parte Quayle, 1935
`
`C.D. 11, 453 O.G. 213.
`
`A shortenedstatutory period for reply to this action is set to expire TWO MONTHSfrom the
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`mailing date ofthisletter.
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`Any inquiry concerning this communication or earlier communications from the examiner should
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`be directed to CHRISTY NEMETHwhosetelephone numberis (571)270-3009. The examiner can
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`normally be reached on MONDAY-FRIDAY, 8:00AM-4:30PM, EST. Examiner interviews are available
`
`via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool.
`
`To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR)
`
`at http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Manpreet Matharu can be reached on 571-272-8601. The fax phone numberfor the organization where
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`this application or proceeding is assigned is 571-273-8300.
`
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`
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`contact the Electronic Business Center (EBC) at 866-217-9197 (toll free). If you would like assistance
`
`from a USPTO CustomerService representative, call 800-786-9199 Gin USA or Canada), or 571-272-
`
`1000.
`
`/CHRISTY NEMETH/
`
`Primary Examiner, Art Unit 2922
`
`
