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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
`
`29/741,850
`
`07/16/2020
`
`GUIDO HITSCHMANN
`
`83082US002
`
`1037
`
`3M INNOVATIVE PROPERTIES COMPANY
`PO BOX 33427
`ST. PAUL, MN 55133-3427
`
`FORD III, GILBERT BENTLEY
`
`2912
`
`12/06/2021
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C] Claim(s)
`is/are allowed.
`Claim(s) 1 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`C] Claim(s
`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 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)M The drawing(s) filed on 7/16/2020 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)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
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 9/29/2020,9/27/2021,
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211124
`
`Application No.
`Applicant(s)
`29/741 ,850
`HITSCHMANN etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`GILBERT B FORD
`2912
`Yes
`
`
`
`-- The MAILING DATEofthis 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 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)¥)This action is non-final.
`3)0) 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: 29/741 ,850
`
`Art Unit: 2912
`
`Page 2
`
`The presentapplication, filed on orafter March 16,2013, isbeing examined underthe first inventor to file provisions ofthe AIA.
`
`This application is in condition for allowance except for the following formal matters:
`
`Detailed Office Action
`
`Specification
`
`A. A preamble, if included, should state the name of the applicant, the title of the design, anda
`
`brief description of the nature and intended use of the article in which the design is embodied (37
`
`CFR 1.154 ). Therefore, the Preamble must be amendedto thefollowing:
`
`--Be it knownthat we, Guido Hitschmann, Benjamin Vollmann, Richard Jacobson, and
`
`Daniel Dawidowski, have invented a new,original and ornamental design for a Medical
`
`Dressing as setforth in the following specification. —
`
`B. For clarity, in order to properly identify the purpose of the broken lines, as required by MPEP
`
`1503.02. Ill, the brokenline description must be amended to read:
`
`--The surface shading and brokenlines in the drawingsillustrate portions of the Medical
`
`Dressing and form no part of the claimed design.--
`
`C. For proper form (37 CFR 1.153), the claim must be amendedby the examiner to read:
`
`-- Weclaim,
`
`The ornamental design for a Medical Dressing, as shown and described.
`
`--
`
`Claim Rejections - 35 USC § 112
`
`The claim is rejected under_35 U.S.C. 112(a) and (b) (or pre-AIA 35 U.S.C. 112, first and second
`
`paragraphs), as the claimedinvention is not described in such full, clear, concise and exact terms asto
`
`enable any person skilled in the art to make and use the same, andfails to particularly point out and
`
`distinctly claim the subject matter which applicant regards as the invention.
`
`The claim is indefinite and nonenabling because the exact scopeof the design cannot be determined. In
`
`particular:
`
`

`

`Application/Control Number: 29/741 ,850
`
`Art Unit: 2912
`
`Page 3
`
`The front edgeisillustrated inconsistently between the top and bottom sides of the dressing in
`
`Figs. 2 and 3.
`
`Inthe annotated drawings below, Fig. 2 has beenflipped and placed overFig. 3
`
`where they should both line up if they are drawn consistently. However, as shownin the
`
`annotated drawing (marked by two arrows), the top, left, outer edge of Fig. 2 extends further than
`
`the top,left, outer edge of Fig. 3.
`
`It is open to conjecture whichof the illustrations is drawn
`
`correctly.
`
`
`
`Annotated Fig. 2 and 3
`
`In order to overcome this rejection, applicant should consistentlyillustrate the front edge of the top and
`
`bottom sides of the Mecical Dressing throughout the drawings. Applicant may also overcome this
`
`rejection by placing the unknown elements into brokenlines, and thus disclaiming them. Additionally,
`
`these brokenlines should be translated to the rest of the drawing disclosure.
`
`If applicant chooses to do
`
`so, then applicant must amend the specification to include an appropriate broken line statementfollowing
`
`the figure descriptions, and prior to the claim.
`
`Applicant is advised thatall of the preceding issues must be addressed to overcome this rejection,
`
`without the introduction of anything that was not shownin the original disclosure(i.e., new matter
`
`prohibited by 35 U.S.C. 132 and 37 CFR 1.121 ), either by the addition or removal of features of the
`
`claimed design.
`
`New matter is anything (structure, features, elements) which was not apparent (seen) in the drawings as
`
`originallyfiled. It is possible for new matter to consist of the removal as well as the addition of structure,
`
`features or elements. Further, the clarification of drawings with poorline quality can introduce new matter.
`
`Conclusion
`
`Anyinquiry concerning this communication or earlier communications from the examiner should be
`
`directed to GILBERT B FORD whose telephone number is (671)272-9218. The examiner can normally
`
`be reached on Mon-Friday 9AM-5PM EST.Examiner interviews are available via telephone, in-person,
`
`and video conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an interview,
`
`applicant is encouraged to use the USPTO Automated Interview Request(AIR)at
`
`http://www. uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 29/741 ,850
`
`Art Unit: 2912
`
`Page 4
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Sandra
`
`Snapp can be reached on (571) 272-8364. The fax phone number for the organization wherethis
`
`application or proceeding is assigned is 571-273-8300.
`
`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 https://ppair-
`
`my.uspto.gowpair/PrivateP air. 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 Senice Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/GF/
`November29, 2021
`
`/NATASHA VUJCIC/
`Primary Examiner, Art Unit 2913
`
`

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