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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
`
`29/864,950
`
`06/29/2022
`
`Aytek Oztas
`
`P22033US1A
`
`2125
`
`BRIDGESTONE AMERICAS, INC.
`10 EAST FIRESTONE BLVD.
`AKRON, OH 44317
`
`KIRSCHBAUM, GEORGE D
`
`ART UNIT
`
`2922
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/3 1/2023
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`ELECTRONIC
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`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):
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`iplawpat @bfusa.com
`
`PTOL-90A (Rev. 04/07)
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`
`
`
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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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`() Claim(s)__ is/are allowed.
`(1) Claim(s)___ is/are rejected.
`C) Claim(s)
`is/are objected to.
`Claim(s) 1 are subjectto restriction and/or election requirement
`S)
`* If any claims have been‘determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program ata
`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)C) The drawing(s) filed on
`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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`cc) None ofthe:
`b)J Some**
`a)) All
`1.4 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)
`
`1)
`
`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 20230826
`
`Application No.
`Applicant(s)
`29/864 ,950
`Oztasetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`GEORGED KIRSCHBAUM
`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
`
`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 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: 29/864,950
`Art Unit: 2922
`
`Page 2
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`Restriction/Election Requirement
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`This written restriction was necessitated when attempts to reach attorney for applicant via phone were
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`unsuccessful.
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`This application discloses the following embodiments:
`
`- Figs. 1-9: Drawn to a Tire
`Embodiment 1
`Embodiment 2 - Figs. 10-18: Drawn to Tire with much less scope than Embodiment1
`Embodiment 3 - Figs. 19-23: Drawn to a Tire w/ pebble ejectors in the center sipes
`Embodiment 4 - Figs. 24-18: Drawn to Tire w/ pebble ejectors in the center sipes and with much
`less scope than Embodiment 3
`
`Multiple embodiments of a single inventive concept maybeincluded in the same design application only if
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`they are patentably indistinct. See /n re Rubinfield, 270 F.2d 391, 123 USPQ 210 (CCPA 1959).
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`Embodiments that are patentably distinct from one another do not constitute a single inventive concept
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`and thus may not be included in the same design application. See /n re Platner, 155 USPQ 222
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`(Comm'r Pat. 1967). The differing configurations create(s) patentably distinct designs.
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`Becauseof the differencesidentified, the embodiments are considered to either have overall
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`appearancesthat are not basically the same, or if they are basically the same, the differences are not
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`minor and patentably indistinct or are not shown to be obviousin view of analogousprior art.
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`The above embodiments divide into the following patentably distinct groups of designs:
`
`Group I: Embodiment 1+3
`GroupIl: Embodiment 2+4
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`Restriction is required under 35 U.S.C. 121 to one of the patentably distinct groups of designs.
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`A reply to this requirement must include an election of a single group for prosecution on the merits, even
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`if this requirementis traversed, 37 CFR 1.143. Any reply that does not include election of a single group
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`will be held nonresponsive. Applicant is also requested to direct cancellation of all drawing figures and
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`the corresponding descriptions which are directed to nonelected groups.
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`Should applicant traverse this requirement on the groundsthat the groups are not patentably distinct,
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`applicant should present evidenceor identify such evidence now of record showing the groupsto be
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`obvious variations of one another.
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`If the groups are determined not to be patentably distinct and they
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`remain in this application, any rejection of one group over prior art will apply equally to all other groups.
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`See Ex parte Appeal No. 315-40, 152 USPQ 71 (Bd. App. 1965). No argument asserting patentability
`
`
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`Application/Control Number: 29/864,950
`Art Unit: 2922
`
`Page 3
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`based on the differences between the groups will be considered once the groups have been determined
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`to comprise a single inventive concept.
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`In view of the above requirement, action on the merits is deferred pending compliance with the
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`requirementin accordance with Ex parte Heckman, 135 USPQ 229 (P.O. Super. Exam. 1960).
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`Conclusion
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`A restriction requirementis in effect. Election is required to avoid abandonment.
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`The references are cited as pertinent to the claimed design, but no determination as to patentability has
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`been made pending a responsetothis restriction requirement.
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`Any inquiry concerning this communication or earlier communications from the examiner should be
`
`directed to GEORGE D KIRSCHBAUM whosetelephone number is (571)272-4232. The examiner can
`
`normally be reached on 9:30am-6:30pm.If attempts to reach the examiner by telephone are
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`unsuccessful, the examiner’s supervisor, Garth Rademaker can be reached on (303) 297-4274. The fax
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`phone number for the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
`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
`
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`
`you have questions on accessto the Private PAIR system, contact the Electronic Business Center (EBC)
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`at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative
`
`or access to the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-
`
`1000.
`
`August 26, 2023
`
`/GEORGE D. KIRSCHBAUM/
`PRIMARY EXAMINER, ART UNIT 2922
`
`
