`
`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.
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`14/652,384
`
`
`
`
` FILING DATE
`
`06/15/2015
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`Helmut PAUSER
`
`70102US004
`
`7971
`
`3M INNOVATIVE PROPERTIES COMPANYPoeve
`3M| TESCOPoPXAMINERIVI
`
`
`PO BOX 33427
`D ABREU, MICHAEL JOSEPH
`ST. PAUL, MN 55133-3427
`
`ART UNIT
`
`PAPER NUMBER
`
`3762
`
`NOTIFICATION DATE
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`DELIVERY MODE
`
`09/09/2016
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`LegalUSDocketing @mmm.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 14/652,384 PAUSER, HELMUT
`Examiner
`Art Unit
`AIA (First Inventor toFile)
`Office Action Summary
`
`3762MICHAEL D ABREU No
`
`-- 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 3 MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from 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) MONTHS from 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).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`1) Responsive to communication(s) filed on15June2015.
`L] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filedon___
`2a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)L] An election was made bythe applicant in responseto a restriction requirementset forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`4)L] Sincethis application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordancewith the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Disposition of Claims*
`5) Claim(s) 1-75 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`6)L] Claim(s)
`is/are allowed.
`7) Claim(s) 1-75 is/are rejected.
`8)L] Claim(s)___ is/are objectedto.
`
`9)L] Claim(s)
`are subjectto restriction and/or election requirement.
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`hito-//Awww.usoto.gov/oatenis/init events/
`
`
` nvindex.isp or send an inquiry to PPHfeecback@uspto.aoy.
`
`Application Papers
`10) The specification is objected to by the Examiner.
`
`11) 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)L] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a)LJ All
`b)[] Some** c)L] None ofthe:
`1.) Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] 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)
`3) TC Interview Summary (PTO-413)
`1) X Notice of References Cited (PTO-892)
`Paper No(s)/Mail Date.
`.
`.
`4) O Other
`—_
`2) X Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date 71/5/15.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20160906
`
`

`

`Application/Control Number: 14/652,384
`Art Unit: 3762
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`Page 2
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`1.
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`The present application is being examined underthe pre-AlA first to invent
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`DETAILED ACTION
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`provisions.
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`Claim Rejections - 35 USC § 102
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`2.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
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`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on Sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`3.
`
`Claims 1-15 are rejected under 35 U.S.C. 102(b) as being anticipated by Mabille
`
`(USP# 4,492,575; hereinafter “Mabille"). Mabille discloses a powderjet device for
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`dispensing a dental material comprising: a nozzle head for receiving a discharge nozzle;
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`a housing comprising a valve portion adapted to receive a valve member and a
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`chamberportion comprising at least a first chamberfor storing a powder material,
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`wherein the chamber portion comprises a proximal end located adjacent the valve
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`portion, a distal end located farther away from the valve portion (e.g. Col 3, line 67 — Col
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`4, line 10) and a fluid channel opening adjacentthe distal end into the first chamber,
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`and a valve member movably disposed within the valve portion (e.g. Pinch Valve #12)
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`wherein the valve member comprises a fluid supply passage andafirst and secondfluid
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`path branching off from the fluid supply passage wherein the valve memberis movable
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`betweenthe a first and second position; wherein the first position both first and second
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`

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`Application/Control Number: 14/652,384
`Art Unit: 3762
`
`Page 3
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`fluid paths are open and in a secondposition atleastthefirst fluid path is closed (e.g.
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`Col 4, lines 19-58).
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MICHAEL D ABREU whosetelephone numberis
`
`(571)270-3816. The examiner can normally be reached on Monday- Friday, 0600-
`
`1630 EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Christopher Koharski can be reached on (571)272-7230. The fax phone
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`numberfor the organization where this application or proceeding is assignedis 571 -
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`273-8300.
`
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`

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`Application/Control Number: 14/652,384
`Art Unit: 3762
`
`Page 4
`
`/MICHAEL D ABREU/
`Examiner, Art Unit 3762
`
`