United States Patent and Trademark Ofhce
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark OtBce
Address: COMMISSIONER FOR PATENTS
530 7590 03/10/2009
LERNER, DAVID, LITTENBERG,
KRUMHOLZ & MENTLIK
600 SOUTH AVENUE WEST
WESTFIELD, NJ 07090
FIRST NAMED INVENTOR
ATTORNEY DOCKET NO. CONFIRMATION NO.
TRUONG, KEVIN THAO
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.
PTOL-90A (Rev. 04/07)
KJttiVrXi nvrliyjts OUff Iff fcff Jr
KEBEL ET AL.
Kevin T. Truong
- The MAILING DATE of this communication appears on the cover sheet with the correspondence address —
Period for Reply
A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) OR THIRTY (30) DAYS,
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed
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, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1 .704(b).
1 )^ Responsive to communication(s) filed on 29 December 2008 .
2a )□ This action is FINAL. 2b)n This action is non-final.
3) D 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 Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.
Disposition of Claims
4) ^ Claim(s) 15-18.20 and 23-36 is/are pending in the application.
4a) Of the above claim(s) is/are withdrawn from consideration.
5) n Claim(s) is/are allowed.
Q)\Z\ Claim(s) is/are rejected.
7) [I] Claim(s) is/are objected to.
8) IEI Claim(s) 15-18. 20. 23-36 are subject to restriction and/or election requirement.
9) 0 The specification is objected to by the Examiner.
10)0 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).
11 )□ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Priority under 35 U.S.C. § 119
12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
a)n All b)n Some * c)^ None of:
1 .□ Certified copies of the priority documents have been received.
2. n Certified copies of the priority documents have been received in Application No. .
3. n Copies of the certified copies of the priority documents have been received in 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.
1 ) □ Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-41 3)
2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date.
3) □ Information Disclosure Statement(s) (PTO/SB/08) 5) □ Notice of Informal Patent Application
Paper No(s)/Mail Date . 6) □ Other: .
Office Action Summary
Part of Paper No./Mail Date 20090308
Application/Control Number: 10/532,180 Page 2
Art Unit: 3734
Note: This is in response the amendment filed 12/29/2008.
1 . This application contains claims directed to the following patentably distinct
species as follow:
Species I, figures 1-6;
Species II, figures 7-12; and
Species III, figures 13-14.
The species are independent or distinct because claims to the different species
recite the mutually exclusive characteristics of such species. In addition, these species
are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species for
prosecution on the merits to which the claims shall be restricted if no generic claim is
finally held to be allowable. Currently, some of the claims may be generic.
There is an examination and search burden for these patentably distinct species
due to their mutually exclusive characteristics. The species require a different field of
search (e.g., searching different classes/subclasses or electronic resources, or
employing different search queries); and/or the prior art applicable to one species would
not likely be applicable to another species; and/or the species are likely to raise different
non-prior art issues under 35 U.S.C. 101 and/or 35 U.S.C. 112, first paragraph.
Applicant is advised that the reply to this requirement to be complete must
include (i) an election of a species to be examined even though the requirement
Application/Control Number: 10/532,180 Page 3
Art Unit: 3734
may be traversed (37 CFR 1 .143) and (ii) identification of the claims encompassing
the elected species, including any claims subsequently added. An argument that a
claim is allowable or that all claims are generic is considered nonresponsive unless
accompanied by an election.
The election of the species may be made with or without traverse. To preserve a
right to petition, the election must be made with traverse. If the reply does not distinctly
and specifically point out supposed errors in the election of species requirement, the
election shall be treated as an election without traverse. Traversal must be presented at
the time of election in order to be considered timely. Failure to timely traverse the
requirement will result in the loss of right to petition under 37 CFR 1 .144. If claims are
added after the election, applicant must indicate which of these claims are readable on
the elected species.
Should applicant traverse on the ground that the species are not patentably
distinct, applicant should submit evidence or identify such evidence now of record
showing the species to be obvious variants or clearly admit on the record that this is the
case. In either instance, if the examiner finds one of the species unpatentable over the
prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103(a)
of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration
of claims to additional species which depend from or otherwise require all the limitations
of an allowable generic claim as provided by 37 CFR 1 .141 .
Application/Control Number: 10/532,180 Page 4
Art Unit: 3734
2. Applicant is reminded that upon the cancellation of claims to a non-elected
invention, the inventorship must be amended in compliance with 37 CFR 1 .48(b) if one
or more of the currently named inventors is no longer an inventor of at least one claim
remaining in the application. Any amendment of inventorship must be accompanied by
a request under 37 CFR 1.48(b) and by the fee required under 37 CFR 1 .17(1).
Any Inquiry concerning this communication or earlier communications from the
examiner should be directed to Kevin T. Truong whose telephone number is 571-272-
4705. The examiner can normally be reached on Monday-Friday from 8:00 AM to 4:30
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Todd Manahan can be reached on 571-272-4713. The fax phone number
for the organization where this 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 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). If you would like assistance from a
USPTO Customer Service Representative or access to the automated information
system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Kevin T. Truong/ Kevin T. Truong
Application/Control Number: 10/532,180 Page 5
Art Unit: 3734
Primary Examiner, Art Unit 3734 Primary Examiner
Art Unit 3734