`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www .uspto.gov
`
`APPLICATION NO.
`
`13/533,074
`
`
`
`
` FILING DATE
`
`06/26/2012
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Kevin L. Corcoran
`
`ELL-125
`
`6054
`
`Morland C. Fischer
`Suite 1300
`2030 MainStreet
`IvineCA 92614
`
`CHOI, STEPHEN
`
`3724
`
`02/26/2015
`
`PAPER
`
`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.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
`
`
`
` . sa: . 13/533,074 CORCORAN, KEVIN L.
`
`Examiner-Initiated Interview Summary
`_
`_
`Examiner
`Art Unit
`
`Stephen Choi
`
`3724
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`(1) StephenChoi.
`
`(2) Morland Fischer.
`
`Date of Interview: 20 February 2015.
`
`(3)__.
`
`(4)
`
`.
`
`Type:
`
`[] Video Conference
`[X] Telephonic
`[-] Personal [copy given to:[] applicant
`
`[J] applicant’s representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`[] Yes
`
`[IX] No.
`
`[J101 [1112 102 [103 [Others
`Issues Discussed
`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: 73.
`
`Identification of prior art discussed: Hagmann.
`
`Substanceof Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied referencesetc...)
`
`The examiner advised that the proposed changefiled 2/17/15 under AFCP 2.0 does not overcome the rejection over
`Hagmann. Specifically, Hagmann teaches the newly recited steps of "placing the cutting edge which projects from the
`first face of the flat outside borderof said first die against the sheet material" and "applying a force to the opposite face
`of the flat outside borderof said first die after said cutting edge has first been placed against the sheet material" as
`amended (e,g., via the elastic layer 39 or at a point when the cutting edge emergesfrom the elastic layer and placed
`against the sheet material._in addition, the claim as amended does not preclude having a step of applying a force
`(e.g., initial force) to push the cutting edge out from the elastic layer to cut the sheet material by additional continuing
`force (i.e., cutting force) US 2,150,016, 2,421,809 are additonally discovered.
`
`
`
`
`
`Applicant recordation instructions:
`
`It is not necessary for applicant to provide a separate record of the substanceofinterview.
`
`Examinerrecordation instructions: Examiners must summarize the substanceof any interview of record. A complete and proper recordation of
`the substance of an interview should include the itemslisted in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argumentor issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcomeofthe interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`x] Attachment
`
`/Stephen Choi/
`Primary Examiner, Art Unit 3724
`
`U.S. Patent and Trademark Office
`
`
`
`PTOL-413B (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20150220
`
`

`

`Continuation Sheet (PTOL-413B)
`
`Application No. 13533074
`
`Attachement:PTOL 303 and PTO 2323
`
`

`

`
`
`--The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`THE REPLY FILED 17 February 2015 FAILS TO PLACE THIS APPLICATION IN CONDITION FOR ALLOWANCE.
`NONOTICEOFAPPEALFILED
`1. XJ Thereply wasfiled after a final rejection. No Notice of Appeal has beenfiled. To avoid abandonmentofthis application, applicant musttimelyfile
`one of the following replies: (1) an amendment, affidavit, or other evidence, which places the application in condition for allowance;
`(2) a Notice of Appeal (with appeal fee) in compliance with 37 CFR 41.31; or (3) a Request for Continued Examination (RCE) in compliance with
`37 CFR 1.114 if this is a utility or plant application. Note that RCEs are not permitted in design applications. The reply mustbefiled within one of
`the following time periods:
`a) XX The period for reply expires 3months from the mailing date of the final rejection.
`b) Cc The period for reply expires on: (1) the mailing date of this Advisory Action; or (2) the date set forth in the final rejection, whicheveris later.
`In no event, however,will the statutory period for reply expire later than SIX MONTHS from the mailing date of the final rejection.
`Cc) Cc A prior Advisory Action was mailed more than 3 monthsafter the mailing date of the final rejection in responsetoafirst after-final reply filed
`within 2 monthsof the mailing date of the final rejection. The current period for reply expires
`months from the mailing date of
`the prior Advisory Action or SIX MONTHS from the mailing date of the final rejection, whicheveris earlier.
`ExaminerNote: |f box 1
`is checked, check either box (a), (b) or (c). ONLY CHECK BOX (b) WHEN THIS ADVISORY ACTION IS THE
`FIRST RESPONSE TO APPLICANT’S FIRST AFTER-FINAL REPLY WHICH WAS FILED WITHIN TWO MONTHS OF THE FINAL
`REJECTION. ONLY CHECK BOX (c) IN THE LIMITED SITUATION SET FORTH UNDER BOX(c). See MPEP 706.07(f).
`Extensions of time may be obtained under 37 CFR 1.136(a). The date on which the petition under 37 CFR 1.136(a) and the appropriate
`extension fee have beenfiled is the date for purposes of determining the period of extension and the corresponding amountof the fee. The
`appropriate extension fee under 37 CFR 1.17(a) is calculated from: (1) the expiration date of the shortened statutory period for reply originally
`set in the final Office action; or (2) as set forth in (b) or (c) above, if checked. Any reply received by the Office later than three months after the
`mailing date of the final rejection, evenif timely filed, may reduce any earned patent term adjustment. See 37 CFR 1.704(b).
`NOTICE OF APPEAL
`. Abrief in compliance with 37 CFR 41.37 mustbefiled within two monthsof the dateoffiling the
`2. L] TheNotice of Appeal wasfiled on
`Notice of Appeal (37 CFR 41.37(a)), or any extension thereof (37 CFR 41.37(e)), to avoid dismissal of the appeal. Since a Notice of
`Appeal has been filed, any reply must befiled within the time period set forth in 37 CFR 41.37(a).
`AMENDMENTS
`3. X The proposed amendmentsfiled after a final rejection, but prior to the date offiling a brief, will not be entered because
`a) Xx They raise new issues that would require further consideration and/or search (see NOTE below);
`b) Cc Theyraise the issue of new matter (see NOTE below);
`Cc) Xx They are not deemed to place the application in better form for appeal by materially reducing or simplifying the issues for
`appeal; and/or
`d) CJ They present additional claims without canceling a corresponding numberof finally rejected claims.
`NOTE:SeeContinuationSheet. (See 37 CFR 1.116 and 41.33(a)).
`4.[] The amendments are notin compliance with 37 CFR 1.121. See attached Notice of Non-Compliant Amendment (PTOL-324).
`5. Xx] Applicant's reply has overcomethefollowing rejection(s): See Continuation Sheet.
`6. CL] Newly proposed or amended claim(s)
`would be allowable if submitted in a separate, timely filed amendment canceling the non-
`allowable claim(s).
`7. X For purposesof appeal, the proposed amendment(s): (a) Bi) will not be entered, or (b) (] will be entered, and an explanation of how the
`new or amendedclaims would be rejected is provided below or appended.
`AFFIDAVIT OR OTHER EVIDENCE
`:
`8. LIA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`9. Theaffidavit or other evidencefiled after final action, but before or on the date offiling a Notice of Appeal will not be entered because
`applicant failed to provide a showing of good and sufficient reasons whythe affidavit or other evidence is necessary and was not earlier
`presented. See 37 CFR 1.116(e).
`10. DJ The affidavit or other evidencefiled after the date offiling the Notice of Appeal, but prior to the date offiling a brief, will not be entered
`becausethe affidavit or other evidence failed to overcomeall rejections under appeal and/or appellant fails to provide a showing of good
`and sufficient reasons whyit is necessary and was not earlier presented. See 37 CFR 41.33(d)(1).
`11. DJ The affidavit or other evidence is entered. An explanation of the status of the claims after entry is below or attached.
`REQUEST FOR RECONSIDERATION/OTHER
`12. DJ The request for reconsideration has been considered but does NOTplacethe application in condition for allowance because:
`
`U.S. Patent and Trademark Office
`PTOL-303 (Rev. 08-2013)
`
`/Stephen Choi/
`Primary Examiner, Art Unit 3724
`
`Advisory Action Before the Filing of an Appeal Brief
`
`Part of Paper No. 20150220
`
`Advisory Action
`Before the Filing of an Appeal Brief
`
`Application No.
`13/533,074
`Examiner
`Stephen Choi
`
`Applicant(s)
`CORCORAN, KEVIN L.
`Art Unit
`AIA(First Inventorto File) Status
`3724
`No
`
`13. [J Note the attached Information Disclosure Statement(s). (PTO/SB/08) Paper No(s).
`14. KJ Other: attachment:PTO 2323 and PTO413B.
`
`STATUSOFCLAIMS
`15. The status of the claim(s)is (or will be) as follows:
`Claim(s) allowed:
`Claim(s) objected to:
`Claim(s) rejected: 13-16.
`Claim(s) withdrawn from consideration: 1-5.
`
`

`

`Continuation Sheet (PTOL-303)
`
`Application No. 13/533,074
`
`Continuation of 3. NOTE: The newly amended claim 13 does not place the application in condition for allowance (see interview summary)
`
`Continuation of 5. Applicant's reply has overcome the following rejection(s):
`under 112, 2nd paragrph of the previous Office action.
`
`the proposed change to claim 13 will overcome the rejection
`
`