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United States Patent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
United States Patent and Trademark Office 

Address: COMMISSIONER FOR PATENTS 
P.O. Box 1450 

Alexandria, Virginia 22313-1450 
www.uspto.gov 



j APPLICATION NO. 


FILING DATE 


FIRST NAMED INVENTOR 


ATTORNEY DOCKET NO. 


CONFIRMATION NO. 


10/825,787 


04/16/2004 
7590 01/25/200 


7 


Mariam N. Maghribi 


IL- 11206 


9076 



Eddie E. Scott 

Assistant Laboratory Counsel 
Lawrence Livermore National Laboratory 
P.O. Box 808, L-703 
Livermore, CA 94551 



EXAMINER 



HELLER, TAMMIE K 



ART UNIT 



PAPER NUMBER 



3766 



SHORTENED STATUTORY PERIOD OF RESPONSE 



MAIL DATE 



DELIVERY MODE 



3 MONTHS 01/25/2007 PAPER 

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

If NO period for reply is specified above, the maximum statutory period will apply and will expire 6 MONTHS 
from the mailing date of this communication. 



PTOL-90A (Rev. 10/06) 



Office Action Summary 


Application No. 

10/825,787 


Applicant(s) 
MAGHRIBI ET AL 


Examiner 
Tammie Heller 


Art Unit 

3766 





- 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 3 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). 

Status 

I) ^ Responsive to communication(s) filed on 03 May 2006 . 

2a)K This action is FINAL. 2b)D 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. 1 1 , 453 O.G. 213. 

Disposition of Claims 

4) S Claim(s) 1,5.10,11,18.20. 24. 29. 30, 35, 37 and 50 is/are pending in the application. 

4a) Of the above claim(s) is/are withdrawn from consideration. 

5) D Claim(s) is/are allowed. 

6) G3 Claim(s) 1.5.10.11. 18.20.24.29.30.35.37 and 50 is/are rejected. 

7) D Claim(s) is/are objected to. 

8) D Claim(s) are subject to restriction and/or election requirement. 

Application Papers 

9) D The specification is objected to by the Examiner. 

10)D The drawing(s) filed on is/are: a)D accepted or b)D 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). 

I I) D 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)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f). 
a)D All b)D Some * c)D None of: 

1 .□ Certified copies of the priority documents have been received. 

2. D Certified copies of the priority documents have been received in Application No. . 

3. Q 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. 



Attachment(s) 

1) M Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-413) 

2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Pa P er No(s)/Mail Date. . 

3) □ Information Disclosure Statement(s) (PTO-1449 or PTO/SB/08) *) □ Notice of Informal Patent Application (PTO-152) 

Paper No(s)/Mail Date . 6) □ Other: . 



U.S. Patent and Trademark Office 
PTOL-326 (Rev. 7-05) 



Office Action Summary 



Part of Paper No./Mail Date 20070118 



Application/Control Number: 10/825,787 Page 2 

Art Unit: 3766 

DETAILED ACTION 

1. The amendment filed on October 24, 2006 has been received and considered. 
By this amendment, claims 1, 10, 11, 18, 20, 29, 30, 35, 37, and 50 have been 
amended and claims 1, 5, 10, 11, 18, 20, 24, 29, 30, 35, 37 and 50 are now pending in 
the application. 

Double Patenting 

2. In view of Applicant's currently amended claims, the Examiner withdraws the 
double patenting rejections which were made against claims 1, 10, 18, 20, 29, 35, and 
37 in the previous Office Action. 

Response to Arguments 

3. Applicant's arguments with respect to claims 1, 5, 10, 11, 18, 20, 24, 29, 30, 35, 
37 and 50 have been considered but are moot in view of the new ground(s) of rejection. 

Claim Rejections -35USC§112 

4. The following is a quotation of the second paragraph of 35 U.S.C. 112: 

The specification shall conclude with one or more claims particularly pointing out and distinctly 
claiming the subject matter which the applicant regards as his invention. 

5. Claim 1 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite 
for failing to particularly point out and distinctly claim the subject matter which applicant 
regards as the invention. 

6. Claim 1 recites the limitation "a longitudinal component" in line 12 and then again 
recites the limitation "a longitudinal component" in line 20. It is unclear whether there 
exist two longitudinal components or just one. The Examiner has considered the claim 
to require one longitudinal component. 



Application/Control Number: 10/825,787 Page 3 

Art Unit: 3766 

7. Further, Claim 1 recites the limitation "an offset component" in line 13 and then 
again recites the limitation "an offset component" in line 22. It is unclear whether there 
exist two offset components or just one. The Examiner has considered the claim to 
require one offset component. 

Claim Rejections - 35 USC § 102 

8. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that 
form the basis for the rejections under this section made in this Office action: 

A person shall be entitled to a patent unless - 

(e) the invention was described in (1) an application for patent, published under section 122(b), by 
another filed in the United States before the invention by the applicant for patent or (2) a patent 
granted on an application for patent by another filed in the United States before the invention by the 
applicant for patent, except that an international application filed under the treaty defined in section 
351(a) shall have the effects for purposes of this subsection of an application filed in the United States 
only if the international application designated the United States and was published under Article 21(2) 
of such treaty in the English language. 

9. Claims 1, 5, 10, 18, 20, 24, 29, 35, 37 and 50 are rejected under 35 
U.S.C. 102(e) as being anticipated by Fishman et al. (U.S. 2003/0032946), herein 
Fishman. Regarding claims 1, 20, and 35, Fishman discloses a method and apparatus 
for controlling cell growth that includes a solid stretchable polymer body made entirely of 
PDMS, at least one microchannel in the polymer body, a conductive media in the 
microchannel which forms at least one circuit line (see Figure 3 and paragraph 69). 

10. Regarding claims 5 and 24, it can be seen from Figure 3 of Fishman that the 
circuit line is sawtooth shaped with rounded corners. 

11. Regarding claims 10, 29, and 37, Fishman discloses that the stretchable polymer 
body is made entirely of cast PDMS (see paragraph 69). 



Application/Control Number: 10/825,787 Page 4 

Art Unit: 3766 

12. Regarding claims 18 and 50, Fishman discloses that the stretchable polymer 
body may be a microcable (see paragraph 63). 

Claim Rejections - 35 USC § 103 

13. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all 

obviousness rejections set forth in this Office action: 

(a) A patent may not be obtained though the invention is not identically disclosed or described as set 
forth in section 102 of this title, if the differences between the subject matter sought to be patented and 
the prior art are such that the subject matter as a whole would have been obvious at the time the 
invention was made to a person having ordinary skill in the art to which said subject matter pertains. 
Patentability shall not be negatived by the manner in which the invention was made. 

14. Claims 1, 11, 20, 30, and 35 are rejected under 35 U.S.C. 103(a) as being 
unpatentable over Albert, previously cited, in view of Fishman. Regarding claims 1, 20, 
and 35, Albert discloses a mounted display assembly that includes a stretchable 
polymer body 140 and at least one circuit line 123 operatively connected to said 
stretchable polymer body which extends in the longitudinal direction (see Figure 3A). It 
can be seen in Figure 3A that the at least one circuit line 123 includes a longitudinal 
component that extends in the longitudinal direction and an offset component that is at 
an angle to the longitudinal direction. However, Albert fails to disclose that the 
stretchable polymer body is made entirely of PDMS. Fishman discloses an electrode 
array that utilizes a solid PDMS polymer body as PDMS is commonly known to be a 
highly biocompatible material and very beneficial for use as an implantable medical 
substrate. Therefore, it would have been obvious to one having ordinary skill in the art 
at the time of the invention to utilize a solid PDMS polymer body substrate in the 
invention of Albert in order to optimize the biocompatibility of the device of Albert. 



Application/Control Number: 10/825,787 Page 5 

Art Unit: 3766 

15. Regarding claims 11 and 30, Albert discloses that the at least one circuit line 
comprises conductive ink (see Paragraph 31, In. 1-6). 

Conclusion 

16. Applicant's amendment necessitated the new ground(s) of rejection presented in 
this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP 
§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 
CFR 1.136(a). 

A shortened statutory period for reply to this final action is set to expire THREE 
MONTHS from the mailing date of this action. In the event a first reply is filed within 
TWO MONTHS of the mailing date of this final action and the advisory action is not 
mailed until after the end of the THREE-MONTH shortened statutory period, then the 
shortened statutory period will expire on the date the advisory action is mailed, and any 
extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of 
the advisory action. In no event, however, will the statutory period for reply expire later 
than SIX MONTHS from the date of this final action. 

Any inquiry concerning this communication or earlier communications from the 
examiner should be directed to Tammie Heller whose telephone number is 571-272- 
1986. The examiner can normally be reached on Monday through Friday from 7am until 
3:30 pm. 

If attempts to reach the examiner by telephone are unsuccessful, the examiner's 
supervisor, Robert E. Pezzuto can be reached on 571-272-6996. The fax phone 



Application/Control Number: 10/825,787 



Page 6 



Art Unit: 3766 

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 
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USPTO Customer Service Representative or access to the automated information 
system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. 





Tammie K. Heller 
Patent Examiner 
Art Unit 3766 



Supervisory Patent Examiner 
Art Unit 3766 



TKH