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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
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`29/788,007
`
`02/08/2021
`
`Andreas J. Boehm
`
`80040US014
`
`4342
`
`3M INNOVATIVE PROPERTIES COMPANY
`PO BOX 33427
`ST. PAUL, MN 55133-3427
`
`OUM, SHARONSEJIN
`
`ART UNIT
`
`2925
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/04/2021
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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.
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`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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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 2/8/2021 is/are: a)M) accepted or b){_J 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)[M) 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) All
`1.2 Certified copies of the priority documents have been received.
`2.{¥} Certified copies of the priority documents have beenreceived in Application No. 29/667,734.
`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)
`
`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 5/6/2021,
`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)
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`Office Action Summary
`
`Part of Paper No./Mail Date 20211101
`
`Application No.
`Applicant(s)
`29/788 ,007
`Boehm etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`SHARON S OUM
`2925
`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
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`1)C) Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`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: 29/788,007
`Art Unit: 2925
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`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
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`OFFICE ACTION
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`This application discloses the following embodiments:
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`Multiple Embodiments
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`Embodiment 1-
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`FIGURES 1-7
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`Embodiment 2-
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`FIGURES 8-14
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`Multiple embodiments of a single inventive concept may be included in the same design
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`application only if they are patentably indistinct. See /n re Rubinfield, 270 F.2d 391, 123 USPQ
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`210 (CCPA 1959). Embodiments that are patentably distinct from one another do not constitute
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`a single inventive concept and thus maynot be included in the same design application. See /n
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`re Platner, 155 USPQ 222 (Comm'r Pat. 1967).
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`The above identified embodiments are considered by the examiner to present overall
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`appearancesthatare basically the same. Furthermore, the differences between the
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`appearancesof the embodiments are considered minor and patentably indistinct, or are shown
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`to be obvious in view of analogous prior art cited. Accordingly, they are deemed to be obvious
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`variations and are being retained and examined in the same application.
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`SPECIFICATION OBJECTION -— Figure Descriptions
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`The figure descriptions for FIGURES 1 and 8 are objected to becausethey are
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`redundantin twice stating thetitle “dosage dispenser”. Additionally, the figure descriptions
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`should identify each embodiment clearly. Therefore, it is suggested that the figure descriptions
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`for FIGURES 1 and 8 be amendedto read asfollows:
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`-- FIGURE 1 is a perspective view of a first embodiment of a dosage dispenser
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`showing a new design; --
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`-- FIGURE 8 is a perspective view of a second embodiment of a dosage dispenser
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`showing a new design; --
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`SPECIFICATION OBJECTION - Broken Line Description
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`The specification is objected to for failing to describe the broken lines in the drawings.
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`The examiner assumesthat the broken lines are meant to illustrate portions of the article that
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`

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`Application/Control Number: 29/788,007
`Art Unit: 2925
`
`Page 3
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`form no part of the claimed design. If this is the case, it is suggested that the following statement
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`be added preceding the claim in the specification to describe the broken lines in the drawing
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`(MPEP § 1503.02, subsection III):
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`-- The brokenlinesillustrate portions of the dosage dispenser that form no partof
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`the claimed design. —
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`REJECTION - 35 U.S.C. 112(a) and (b)
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`The claim is rejected under 35 U.S.C. 112(a) and (b), as the claimed invention is not
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`described in suchfull, clear, concise and exact terms as to enable any person skilled in the art
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`to make and use the same, andfails to particularly point out and distinctly claim the subject
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`matter which the inventor or a joint inventor regards as the invention.
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`The claim is indefinite and nonenabling because of deficiencies in the figures that
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`prevent a clear understanding of the appearance of the claimed design.
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`Specifically, FIG. 2 shows a long, narrow area (highlighted in gray and indicated with
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`arrowsin the image below) whose shape and form cannotbe corroboratedin the other views.
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`The area is shaded such that contour is indicated, however, the exact three dimensional
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`appearance cannot be understood from the views provided.
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`

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`Application/Control Number: 29/788,007
`Art Unit: 2925
`
`Page 4
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`In order to overcome this rejection, it is suggested that the design be shown clearly and
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`completely.
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`Any amended replacement drawing sheet should includeall of the figures appearing on
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`the immediate prior version of the sheet, even if only one figure is being amended. The figure or
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`figure number of an amended drawing should not be labeled as amended. A marked-up copyof
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`the drawing sheet(labeled as "Annotated Sheet") including an annotation showing thatall the
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`figures on that drawing sheet have been canceled mustbe presented in the amendmentor
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`remarkssection that explains the change to the drawings. Each drawing sheet submitted after
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`the filing date of an application must be labeled in the top margin as either "Replacement Sheet"
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`or "New Sheet" pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner,
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`the applicant will be notified and informed of any required corrective action in the next Office
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`action.
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`If the design cannotbeclarified without changing its appearance, and there is no
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`description of this changed appearancein the original disclosure, then applicant may wish to
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`amendthe design such that the non-enabled areas are removedfrom the claim by converting
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`them to broken lines. Any amendmentto the claim must meet the written description
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`requirement of 35 USC 112(a). Thatis, it must be apparent that applicant was in possession of
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`the amended design at the time offiling. See MPEP 1504.04.1.C. This pertains to the addition or
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`removalof parts of the design, as well as the conversion of solid lines to broken lines and vice
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`versa. See 35 USC 132 and 37 CFR 1.121(f) for new matter.
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`The claimed design is rejected as set forth above.
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`CONCLUSION
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to SHARON S. OUM whosetelephone numberis 571-270-3033. The
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`examiner can normally be reached on Monday- Friday, 9am - 5pm, EST.
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`Examinerinterviews are available via telephone, in-person, and video conferencing
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`using a USPTO supplied web-basedcollaboration tool. To schedule an interview, applicantis
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`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Dana Weiland can be reached on 571-270-0253. The fax phone numberfor the
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`organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Application/Control Number: 29/788,007
`Art Unit: 2925
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`Page 5
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`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
`
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`
`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you
`
`would like assistance from a USPTO CustomerService Representative or access to the
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`automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/SHARON S OUM/
`Primary Examiner, Art Unit 2925
`
`