www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`35/513,346
`
`07/14/2021
`
`Inhee PARK
`
`5021
`
`neem
`
`om
`FIRSTLAW P.C.
`60, Mabang-ro, Seocho-gu,
`Seoul, 06775
`KOREA, REPUBLIC OF
`
`VOYTEK,JOHN A
`
`ART UNIT
`2916
`
`MAIL DATE
`
`11/29/2022
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`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.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`35/513,346
`Examiner
`JOHN A VOYTEK
`
`Applicant(s)
`PARK etal.
`Art Unit
`2916
`
`AIA (FITF) Status
`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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) The specification is objected to by the Examiner.
`11) The drawing(s)filed on 14 January 2022 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)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 20221121
`
`

`

`Application/Control Number: 35/513,346
`Art Unit: 2916
`
`Page 2
`
`EX PARTE QUAYLE ACTION
`
`The presentapplication, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`This application is in condition for allowance except for the following formal matters:
`
`Objection to the Specification
`
`The specification is objected to as follows:
`
`e
`
`[4 circumferential
`
`grooves are partitioning
`
`the pattern into 5 tracks and lateral
`
`qrooves are
`
`partitioning the pattern into the blocks; additional shallow cuts are used in geometry of
`
`each block.] should be deleted becauseit is extraneous information which adds no new
`
`information to the claimed design. No description, other than a reference to the drawing, is
`
`ordinarily required in a nonprovisional international design application. Hague Rule 7(5)(a), 37
`
`CFR 1.1024 and 1.1067, MPEP 2920.04(a)II.
`
`e
`
`The formal claim is objected to as the line [Application for overall protection for industrial
`
`design(s) as shown and described.] should be deleted, asit is redundant and may confuse the
`
`scopeofthe claim.
`
`Aninternational design application designating the United States must include a specification as
`
`prescribed by 35 U.S.C. 112 and preferably include a brief description of the reproduction pursuant to
`
`Rule 7(5)(a) describing the view or views of the reproductions. (37 CFR 1.1024)
`
`International Bureau pursuant to Rule 3 of the Common Regulations under the Hague Agreement does
`
`NOTentitle such representative to represent the applicant before the USPTO. Furthermore, an applicant
`
`that is a juristic entity must be represented by a patent attorney or agent registered to practice before the
`
`USPTO. Additional information regarding interviews is set forth below.
`
`Discussion of the Merits of the Case
`
`All discussions between the applicant and the examiner regarding the merits of a pending application will
`
`be considered an interview and are to be made of record. See MPEP 713. The examiner will not discuss
`
`the merits of the application with applicant’ s representative if the representative is not registered to
`
`practice before the USPTO. Appointment as applicant’ s representative before the International Bureau
`
`pursuantto Rule 3 of the Common Regulations under the Hague Agreement does NOTentitle such
`
`representative to represent the applicant before the USPTO. Furthermore, an applicantthatis a juristic
`
`entity must be represented by a patent attorney or agent registered to practice before the
`
`USPTO. Additional information regarding interviewsis set forth below.
`
`

`

`Application/Control Number: 35/513,346
`Art Unit: 2916
`
`Telephonic Interviews
`
`Page 3
`
`A telephonic or in person interview may only be conducted with an attorney or agent registered to practice
`
`before the USPTO (“registered practitioner’) or with a pro se applicant (an applicant who is the inventor
`
`and whois not represented by a registered practitioner).
`
`The registered practitioner may either be of record or not of record. To become “of record”, a power of
`
`attorney (POA) in accordance with 37 CFR 1.32 mustbefiled in the application. Form PTO/AIA/80
`
`“Power of Attorney to Prosecute Applications Before the USPTO’, may be used for this purpose:
`
`https://www.uspto.gov/patent/forms/forms-patent-applications-filed-or-after-september-16-2012
`
`See MPEP 402.02(a) for further information. Interviews may also be conducted with a registered
`
`practitioner not of record provided the registered practitioner can show authorization to conduct an
`
`interview by completing, signing andfiling an “Applicant Initiated Interview Request Form” (PTOL-413A)
`
`(available at the USPTO web page indicated above). See MPEP 405. For acceptable ways to submit
`
`forms to the USPTO, see “When Responding to Official USPTO Correspondence” below.
`
`If a pro se applicant or registered practitioner located outside of the United States wishes to communicate
`
`by telephone, it is suggested that such person email the examiner at john.voytek@uspto.gov to arrange a
`
`time and date for the telephone interview. Please include proposed days and times for the proposedcall.
`
`The email should also be used to determine whowill initiate the telephone call.
`
`Email Communications
`
`The merits of the application will not be discussed via email (or other electronic medium) unless
`
`appropriate authorization for internet communication is filed in the application. Form PTO/SB/439
`
`“Authorization for Internet Communications in a Patent Application or Request to Withdraw Authorization
`
`for Internet Communications” may be used to provide such authorization and is available at the USPTO
`
`web page indicated above. The authorization may not be sent by email to the USPTO. For acceptable
`
`waysto submit the authorization form to the USPTO, see “When Respondingto Official USPTO
`
`Correspondence” below. See MPEP 502.03II for further information
`
`When Responding to Official USPTO Correspondence
`
`When responding to an official correspondence issued by the USPTO, including refusals, Ex Parte
`
`Quayle, Notice of Allowances, or Notice of Abandonments, please note the following:
`
`The USPTOtransacts businessin writing. Applicants may submit replies to Office actions only by:
`
`e Online via the USPTO's Electronic Filing System-Web (EFS-Web) (Registered eFilers only)
`
`e=https:/Awww.uspto.gov/patents-application-process/applying-online/efs-web-guidance-
`
`and-resources
`
`e Mail: Commissioner For Patents, P.O. Box 1450, Alexandria, VA, 22313-1450
`
`

`

`Application/Control Number: 35/513,346
`Art Unit: 2916
`
`Page 4
`
`e
`
`Facsimile to the USPTO's Official Fax Number (571-273-8300)
`
`e Hand-carry to USPTO's Alexandria, Virginia Customer Service Window
`
`https :/Awww.uspto.gov/patents-maintaining-patent/responding-office-actions
`
`Conclusion
`
`Prosecution on the merits is closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11,
`
`453 O.G. 213.
`
`The references are cited as pertinent prior art. Applicant may view and obtain copiesof the cited
`
`references byvisiting http:/Avww.uspto.gov/pattt/index.html and pressing the “Patent Number Search”
`
`button.
`
`A shortened statutory period for reply to this action is set to expire TWO MONTHS from the mailing date
`
`of this letter.
`
`Any inquiry concerning this communication or earlier communications from the examiner should be
`
`directed to examiner, John Voytek, whose telephone numberis (571) 270-3757. The examiner can
`
`normally be reached on 8:00 am - 5:00 pm ET Monday- Friday.
`
`If attempts to reach the examiner by
`
`telephone are unsuccessful, the examiner’s Supervisor, Lakiya G. Rogers, can be reached at (571) 270-
`
`7145. The official fax phone number for the organization where this application or proceeding is assigned
`
`is (671) 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 accessto the Private PAIR system, contact the Electronic Business Center (EBC)
`
`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.
`
`/JOHN A VOYTEK/
`Primary Examiner, Art Unit 2916
`11/21/2022
`
`