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UNITED STATES DEPARTMENT OF COMMERCE 
United States Patent and Trademark OfTicc 
Address: COMMISSIONER FOR PATENTS 
P.O. Box 1450 

Alexandria, Vii]ginia 22313-1450 
www.uspto.gov 


1 APPLICATION NO. 

FILING DATE | 

FIRST NAMED INVENTOR 

ATTORNEY DOCKET NO. 

CONFIRMATION NO. 

10/086,819 

03/04/2002 

William A. Simpson 


2868 


7590 05/05/2004 EXAMINER 


William A. Simpson yeagley. daniel s 

724 1 Yolanda Ave , , , 

Reseda, CA 91335 | artunit | papernumber | 

3611 

DATE MAILED: 05/05/2004 



United States Patent and Trademark Office 


Please find below and/or attached an Office communication concerning this application or proceeding. 


PTO-90C (Rev. 10/03) 




APP|ICATION'NOJ 
CONTROL NO. 


UNITED STATES DEPARTMENT OF COMMERCE 

U.S. Patent and Trademark Office 

Address: CX)MMISSIONER FOR PATEInTTS 
P.O. Box 1450 

Alexandria, Viginja22313-1450 


FIRST NAMED INVENTOR/ 
PATENT IN REEXAMINATION 


ATTORNEY DOCKET NO. 


EXAMINER 


ART UNIT 


PAPER 


DATE MAILED: 


Please find below and/or attached an Office communication concerning this application or 
proceeding. 


Commissioner for Patents 


PTO-90C (Rev.04-03) 


Application/Control Number: 1 0/086,8 1 9 
Art Unit: 3611 


Page 2 


Response to Amendment 

1 . Applicant should note that the previously submitted Amendment filed 1 1/21/03 that 
included the drawings and remarks was not entered because it was not signed. 


2. The reply filed on 2/1 1/04 is not fully responsive to the prior Office Action mailed 

8/27/03 because of the following omission(s) or matter(s): 

a. The amendment filed 2/1 1/04 to the claims does not comply with the 

requirements of 37 CFR 1. 121(c) because the failed to follow the require format as 

discussed below. Amendments to the claims filed on or after July 30, 2003 must comply 

with 37 CFR 1.121(c) which states: 

(c) Claims. Amendments to a claim must be made by rewriting the entire 
claim with all changes (e.g., additions and deletions) as indicated in this 
subsection , except when the claim is beins canceled . Each amendment document 
that includes a change to an existing claim, cancellation of an existing claim or 
addition of a new claim, must include a complete listing of all claims ever 
presented, including the text of all pending and withdrawn claims, in the 
application. The claim listing, including the text of the claims, in the amendment 
document will serve to replace all prior versions of the claims, in the application. 
In the claim listing, the status of every claim must be indicated a fter its claim 
number by using one of the following identifiers in a parenthetical 
expression: (Original), (Currently amended). (Canceled). (Withdrawn), 
(Previously presented). (New), and (Not entered) . 

(1) Claim listing. All of the claims presented in a claim listing shall 
be presented in ascending numerical order. Consecutive claims having the same 
status of "canceled" or "not entered" may be aggregated into one statement (e.g., 
Claims 1-5 (canceled)). The claim listing shall commence on a separate sheet of 
the amendment document and the sheet(s) that contain the text of any part of the 
claims shall not contain any other part of the amendment. 

(2) When claim text with markings is required. All claims being 
currently amended in an amendment paper shall be presented in the claim listing, 
indicate a status of "currently amended," and be submitted with markings to 
indicate the changes that have been made relative to the immediate prior version 
of the claims. The text of any added subject matter must be shown by underlining 
the added text . The text of any deleted matter must be shown by strike-through {a 


Application/Control Number: 1 0/086,8 1 9 
Art Unit: 3611 


Page 3 


line drawn through the deleted text} except that double brackets [[placed before 
and after the deleted characters]] may be used to show deletion of five or fewer 
consecutive characters. The text of any deleted subject matter must be shown by 
being placed within double brackets if strike-through cannot be easily perceived. 
Only claims having the status of "currently amended/' or "withdrawn" if also 
being amended, shall include markings. If a withdrawn claim is currently 
amended, its status in the claim listing may be identified as "withdrawn — 
currently amended." 

(3) When claim text in clean version is required. The text of all 
pending claims not being currently amended shall be presented in the claim listing 
in clean version, /.e., without any markings in the presentation of text. The 
presentation of a clean version of any claim having the status of "(original)," 
"(withdrawn)" or "(previously presented)" will constitute an assertion that it has 
not been changed relative to the immediate prior version, except to omit markings 
that may have been present in the immediate prior version of the claims of the 
status of "withdrawn" or "previously presented." Any claim added by 
amendment must be indicated with the status of "(new)" indicated after its 
claim number and presented in dean version, ie.^ without any underlining. { 
for example; claim 2 (new) } 

(4) When claim text shall not he presented; canceling a claim, 

(i) No claim text shall be presented for any claim in the 
claim listing with the status of "canceled" or "not entered." {for example; 
claim 1 (canceled)}. 

(ii) Cancellation of a claim shall be effected by an 
instruction to cancel a particular claim number. Identifying the status of a claim in 
the claim listing as "canceled" will constitute an instruction to cancel the claim, 

(5) Reinstatement of previously canceled claim. A claim which was 
previously canceled may be reinstated only by adding the claim as a "new" claim 
with a new claim number, 

b. The amendment filed 2/1 1/04 failed to: 

i. Include arguments. Note: Applicant should submit arguments under a 
heading "Remarks" pointing out disagreements with the examiner's contentions. 
Applicant must also discuss the references applied against the claims, explaining 
how the claims avoid the references or distinguish from them 

ii. Include formal drawings and also amend the specification under the 
heading "Brief Description of the Drawing" giving a brief description of each 


Application/Control Number: 1 0/086,8 1 9 Page 4 

Art Unit: 3611 

drawing figure and also amend the specification under the heading "Detailed 
Description Of The Invention" describing the invention and their elements to 
thoroughly describe the invention thereof with the elements associated numerical 
number in parentheses after the element corresponding the element shown in the 
figure of the drawing. Note: 

iii, appUcant should review the prior art references cited by the examiner as a 
basic guide for following the general format in the specification. 

iv. applicant should further note that the drawings filed in the non-entered 
amendment of 1 1/21/03 are considered informal because they are not of sufficient 
quality to permit examination because the drawings are apparent color drawings 
which when scanned into IFW data system are not legible and further color 
drawings require special consideration and guidelines as noted below and thus 
accordingly, new drawings are required in reply to this Office action. 

NOTE: Color photographs and color drawings are acceptable only for 
examination purposes unless a petition filed under 37 CFR 1 .84(a)(2) is 
granted permitting their use as acceptable drawings. In the event that 
appHcant wishes to use the drawings currently on file as acceptable 
drawings, a petition must be filed for acceptance of the color photographs 
or color drawings as acceptable drawings. Any such petition must be 
accompanied by the appropriate fee set forth in 37 CFR 1.17(h), three sets 
of color drawings or color photographs, as appropriate, and, unless already 


Application/Control Number: 10/086,819 
Art Unit: 3611 


Page 5 


present, an amendment to include the following language as the first 
paragraph of the brief description of the drawings section of the 
specification: 

The patent or application file contains at least one drawing executed in color. Copies of this 
patent or patent application publication with color drawing(s) will be provided by the Office 
upon request and payment of the necessary fee. 

Color photographs will be accepted if the conditions for accepting color 
drawings have been satisfied. 

{See; 37 CFR 1.81, 37 CFR 1 .84(a}(2)(iiiK 1246 O.G. 106 (May 
22, 2001), 1213 O.G, 108 (August 4, 1998), 1211 O.G. 34 
(June 9, 1999) and 37 CFR 1.84(b).} 


INFORMATION ON HOW TO EFFECT DRAWING CHANGES 
Replacement Drawing Sheets 

Drawing changes must be made by presenting replacement figures which 
incorporate the desired changes and which comply with 37 CFR 1 .84. An 
explanation of the changes made must be presented either in the drawing 
amendments, or remarks, section of the amendment. Any replacement 
drawing sheet must be identified in the top margin as "Replacement 
Sheet" and include all of the figures appearing on the immediate prior 
version of the sheet, even though only one figure may be amended. The 
figure or figure number of the amended drawing(s) must not be labeled as 
"amended." If the changes to the drawing figure(s) are not accepted by 
the examiner, applicant will be notified of any required corrective action 
in the next Office action. No further drawing submission will be required, 
unless applicant is notified. 

Identifying indicia, if provided, should include the title of the invention, 
inventor's name, and application number, or docket number (if any) if an 
application number has not been assigned to the application. If this 
information is provided, it must be placed on the fi'ont of each sheet and 
centered within the top margin. 

Annotated Drawing Sheets 


Application/Control Number: 10/086,819 
Art Unit: 3611 


Page 6 


A marked-up copy of any amended drawing figure, including annotations 
indicating the changes made, may be submitted or required by the 
examiner. The annotated drawing sheets must be clearly labeled as 
"Annotated Marked-up Drawings" and accompany the replacement sheets. 

Timing of Corrections 

Applicant is required to submit acceptable corrected drawings within the 
time period set in the Office action. See 37 CFR 1 .85(a). Failure to take 
corrective action within the set period will result in ABANDONMENT of 
the application. 

If corrected drawings are required in a Notice of Allowability (PTOL-37), 

the new drawings MUST be filed within the THREE MONTH shortened 
statutory period set for reply in the "Notice of Allowability." Extensions 
of time may NOT be obtained under the provisions of 37 CFR 1.136 for 
filing the corrected drawings after the mailing of a Notice of Allowability. 
{See 37 CFR 1.111}. 


3. Since the reply s filed on 2/1 1/04 and 1 121/03 appear to be bona fide, applicant is given a 
TIME PERIOD of ONE (1) MONTH or THIRTY (30) DAYS from the mailing date of this 
notice, whichever is longer, within which to submit an amendment in compliance with 37 CFR 
1 . 1 2 1 and 37 CFR 1 . 1 1 1 in order to avoid abandonment. EXTENSIONS OF THIS TIME 
PERIOD MAY BE GRANTED UNDER 37 CFR 1.136(a). 


4. Any inquiry concerning this communication or earlier communications from the 
examiner should be directed to Daniel Yeagley whose telephone number is 703-305-0838. The 
examiner can normally be reached on Mon. - Fri; first Friday off. 

If attempts to reach the examiner by telephone are unsuccessful, the examiner's 
supervisor, Lesley D Morris can be reached on 703-308-0629. The fax phone number for the 
organization where this application or proceeding is assigned is 703-872-9306. 


Application/Control Number: 10/086,819 


Page? 


Art Unit: 3611 

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 http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR 
system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). 


D.Y.