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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
`
`29/864,570
`
`06/06/2022
`
`Rory T. McDonnell
`
`258017
`
`5518
`
`Shumaker, Loop & Kendrick, LLP
`1000 Jackson Street
`Toledo, OH 43604-5573
`
`YENCHESKY, RICHARD EDWIN
`
`ART UNIT
`
`2911
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/21/2023
`
`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):
`
`cgolupski@ shumaker.com
`dmiller@shumaker.com
`
`tlopez@ shumaker.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`29/864,570
`McDonnell et al.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`RICHARD E YENCHESKY
`2911
`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
`
`
`
`1)C Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)C) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on__; the restriction requirement and election have been incorporatedinto 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.
`
`Disposition of Claims*
`11 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`) ©) Claim(s)
`is/are allowed.
`) 0 Claim(s
`)
`is/are rejected.
`Claim(s) 1 is/are objectedto.
`C] Claim(s)
`are subjectto 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)C2 The specification is objected to by the Examiner.
`11)M The drawing(s) filed on 10/30/2023 is/are: a)(] accepted or b)M 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)Z None ofthe:
`b)() Some**
`a)C All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived 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) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20231115
`
`

`

`Application/Control Number: 29/864,570
`Art Unit: 2911
`
`Page 2
`
`Examiner’s Comment
`The amendment, received 10/30/2023, has been considered and acknowledged by the
`examiner. Due to the amendment,the claim rejection under 35 USC 112(a) and (b) has been
`overcome.
`
`Ex Parte Quayle Action
`This application is in condition for allowance except for the following formal matters:
`
`Drawing Objection
`The broken lines in FIG. 11, which were added in the amendmentto the drawing disclosure,
`have inconsistent line width and poor line quality that need to be corrected. There are a few
`portions of the design that still need to be converted to broken line. There are also existing
`lines of poor line quality that need to be addressed. See the annotated images below:
`
`INCONSISTENT AND POOR
`
`LINE OUALITY
`
`INCONSISTENT AND POGR
`
`LINEQUALITY
`
`BeGRa)
`Frey
`
`sah
`
`f
`
`; AE:a yy THIS PORTION NEEDS TO BE
`
`CONVERTED TO BROKEN LINE
`
`i
`iy
`
`22 ff em SCOR LINE QUALITY
`2
`
`

`

`Application/Control Number: 29/864,570
`Art Unit: 2911
`
`Page 3
`
`
`+i]f
`~ H
`_*
`PPencONSISTENT AND FOOR
`ys—AS
`
`‘'
`
`‘
`
`oa
`
`:
`
`~
`
`
`
`
`aaa
`
`a
`
`LINE QUALITY
`
`
`
`INCONSISTENT AND POOR
`
`LINE QUALITY
`
`The drawings must be correctedto illustrate the design in clean, smooth lines and the broken
`lines shown clearly with sufficient breaks between line segments. Correction is required, 37 CFR
`1.84.
`
`Conclusion
`Prosecution on the merits is closed in accordance with the practice under Ex parte Quayle, 25
`USPQ 74, 453 0.G. 213, (Comm’r Pat. 1935).
`
`A shortened statutory period for reply to this action is set to expire TWO (2) MONTHS from the
`mailing date of this letter. Extensions of time may be granted under 37 CFR 1.136 but in no case
`can any extension carry the date for reply to this Office action beyond the maximum period of
`SIX MONTHS set by statute (35 U.S.C. 133).
`
`Contact Information
`Any inquiry concerning this communication or earlier communications from the examiner
`should be directed to RICHARD E YENCHESKY whosetelephone number is (571)272-6580. The
`examiner can normally be reached Mon-Fri 8:30-5:00.
`
`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
`
`

`

`Application/Control Number: 29/864,570
`Art Unit: 2911
`
`Page 4
`
`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,
`George Bugg can be reached on 571-272-2998. The fax phone number for the organization
`wherethis application or proceeding is assigned is 571-273-8300.
`
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`
`/R.E.Y./
`Examiner, Art Unit 2911
`
`/KEVIN K RUDZINSKI/
`Primary Examiner, Art Unit 2911
`
`