`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`17/310,765
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`08/23/2021
`
`Danielle R. Truckenmiller
`
`81723US004/800.81723US01
`
`8187
`
`7590
`200642
`MRG/Solventum
`
`11/27/2024
`
`c/o Mueting Raasch Group
`111 WASHINGTONAVE. S., SUITE 700
`MINNEAPOLIS, MN 55401
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`EXAMINER
`
`CLEVELAND, TIMOTHY C
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`ART UNIT
`1774
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/27/2024
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`ELECTRONIC
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`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):
`
`IPDocketing @ Solventum.com
`ptodocketing @mrgs.com
`
`PTOL-90A (Rev. 04/07)
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`
`
`
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`Disposition of Claims*
`1-9 and 11-22 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) _ is/are withdrawn from consideration.
`Claim(s) 21 is/are allowed.
`Claim(s) 1-9,11-20 and 22 is/are rejected.
`[) Claim(s)__ 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
`is/are: a)C] 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:
`—_c)LJ None ofthe:
`b)LJ Some**
`a)D) All
`1.) 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)
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`1)
`
`Notice of References Cited (PTO-892)
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`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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mail Date 20241122
`
`Application No.
`Applicant(s)
`17/310, 765
`Truckenmiller et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`TIMOTHY C CLEVELAND
`1774
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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
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`1)™@) Responsive to communication(s)filed on 26 September 2024.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)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)(2) 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: 17/310,765
`Art Unit: 1774
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA orAIA Status
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`1.
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`The presentapplication,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
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`Election/Restrictions
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`2.
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`Applicant's election with traverse of Group | inthe reply filed on 26 September 2024is
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`acknowledged. The traversal is on the ground(s) that the groups have unity of invention as Andren etal.
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`did not disclose wherein the array of display elements are planar. This is found persuasive and the
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`restriction mailed 26 September 2024 is hereby withdrawn.
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`Claim Rejections - 35 USC § 112
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`3.
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`The following is a quotation of 35 U.S.C. 112(b):
`(b} CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a jointinventor regards as the
`invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`4,
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`Claims 1-9, 11-20 and 22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
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`paragraph,as being indefinite forfailing to particularly point out and distinctly claim the subject matter
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`which the inventor or a joint inventor (or for applications subject to pre-AlA 35 U.S.C. 112, the
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`applicant), regards as the invention.
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`5.
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`In regardto claim 1, the limitation of "a major side portion comprising[...] a top portion”in lines
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`3-4 appears to require that the top portion is an element of the major side portion.
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`It is noted that the
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`specification in [0030] and at least figure 1A depicts the major side portion 102 and the top portion 104
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`as different elements of the housing. Therefore,it is unclear how to interpret the above limitation in
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`light of the disclosure.
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`
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`Application/Control Number: 17/310,765
`Art Unit: 1774
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`Page 3
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`6.
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`In regardto claim 12,it is noted that the claim recites “a display” while “a display” was
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`previously recitedin claim 1. Therefore,it is unclear whether the limitations are referring to the same
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`or different structures.
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`7.
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`Claim 12 recites the limitation "each well" in line 7. There is insufficient antecedent basis for
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`this limitation in the claim. Itis noted that claim 1 recites “a well”
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`|”
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`and it unclear whether the limitation
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`of “each well”
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`|”
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`further modifies or is in addition to the structure of “a wel
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`|
`
`uy
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`8.
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`Claim 12 recites the limitation "outer wells" in line 9. There is insufficient antecedent basis for
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`this limitation in the claim. It is noted that claim 1 recites “a well”
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`|”
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`and it unclear whether the limitation
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`of “outer wells” further modifies or is in addition to the structure of “a well.”
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`9.
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`Claim 12 recites the limitation “inner wells" in line 9. There is insufficient antecedent basis for
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`this limitation in the claim. It is noted that claim 1 recites “a well”
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`|”
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`and it unclear whether the limitation
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`of “inner wells” further modifies or is in addition to the structure of “a well.”
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`10.
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`In regardto claim 15,it is noted that the claim recites “a heating element” while “a heating
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`element” was previously recitedin claim 1. Therefore, it is unclear whether the limitations are referring
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`tothe same or different structures.
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`11.
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`In regardto claim 19,it is noted that the claim recites “a first outer well of the electronic device
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`of claim1” while “a well” was previously recited in claim 1. Therefore,it is unclear whether the
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`limitations are referring to the same or different structures.
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`12.
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`Claim 22 recites the limitation "each well" in line 13. There is insufficient antecedent basis for
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`this limitation in the claim.
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`13.
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`Claim 22 recites the limitation "outer wells" in lines 13-14. Thereis insufficient antecedent basis
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`for this limitation in the claim.
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`14.
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`Claim 22 recites the limitation “inner wells" in line 14. There is insufficient antecedent basis for
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`this limitation in the claim.
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`
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`Application/Control Number: 17/310,765
`Art Unit: 1774
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`Page 4
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`Allowable Subject Matter
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`15.
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`Claims 1-9 and 11-20 and 22 would be allowable if rewritten or amended to overcome the
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`rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), 2nd paragraph,set forthin this Office
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`action.
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`16.
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`Claim 21 is allowed.
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`17.
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`The following is a statement of reasonsfor the indication of allowable subject matter: the prior
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`art does not teach, suggest or render obvious the claimed housing and display structure in combination
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`with the elements of a well, heating element, excitation source and color sensor of claim 1 nor the
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`controller programmedas recited in claims 21 and 22. The closest prior art of record was determined to
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`be Hansenetal. (US 2020/0369223) which discloses a vehicle interior component having a display and
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`Howell et al. (US 2017/0113225) which discloses a biochemical reaction system. One of ordinaryskill in
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`the art would not have been motivated to have combined the teachings of the aboveprior art to arrive
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`at the claimed device.
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`Conclusion
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`18.
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to TIMOTHY C CLEVELAND whose telephone number is (571)270-5041. The examiner
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`can normally be reached M-F 9:00-5:30.
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`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use
`
`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Walter Griffin can be reached on (571) 272-1447. The fax phone number for the organization where this
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`application or proceeding is assigned is 571-273-8300.
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`
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`Application/Control Number: 17/310,765
`Art Unit: 1774
`
`Page5S
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`
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`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
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`571-272-1000.
`
`/TIMOTHY C CLEVELAND/
`Primary Examiner, Art Unit 1774
`
`