Joint Appendix One

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Case 2:10-cv-O7678-JFW-DTB Document 57-3 Filed 09/28/11 Page 1t of 37 Page ID
#:951 NAN04743
Application No. Applicant(s)
101405,112 MEYERHOFER, MARK
Office Action Summary Examiner Art Unit
CHAD DICKERSON 2625
- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -
Period for Reply
Status
A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE _3MONTH(S) OR THIRTY (30) DAYS,
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
- Extens_ona of time may be available under the prov{sicns of 37 CFR 1.136(a). th no event, however, may a reply be timely filed
after SIX (5) MONTHS horn the maldng date of this communication,
- If NO period for rep_y is spec'd_ed above, the i'naxlmum statutory pedod wlL( apply and will exp[re SIX (6) MONTHS here the maglng date of this communicaUon,
- Failure to reply vAthle the set or exter_ded period for reply V_lt by statute, cau_ the application to become ABANDONED (35 U.S.C. § 133).
Any reply received by the Off-ca leter than three months after the mailing date of this communica_on, even if _'nety filed, may reduce any
earned patent term adjustment. See 37 CFR 1,7C4(b),
1)[_ Responsive to communication(s) filed on 14 Auqust 2008.
2a)_ This action is FINAL. 2b)F] This action is non-finaL
3)1"-I 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 parle Quay/e, 1935 C.D. 11,453 e.G. 213.
Disposition of Claims
4)_] Claim(s) 82-152 and 154-168 is/are pending in the application.
4a) Of the above claim(s) __ is/are withdrawn from consideration.
5)F-I Claim(s)__ is/are allowed.
6)_:_ Claim(s) 82-152 and 154-166 is/are rejected.
7)1--1 Claim(s) __ is/are objected to.
8)]-1 Claim(s) __ are subject to restriction and/or election requirement.
Application Papers
9)[-1 The specification is objected to by the Examiner.
10)_;_ The drawing(s) filed on 31 March 2003/slate: a)E] accepted or b)_;_] objected to by the Examiner.
Applicant may not request that any obJecLionto the drawing(s) be hold in abeyance. See 37 CFR 1.85(a).
Replacement drawing sheet(a) including the correction is required ifthe drawing(s) is objected to. See 37 CFR 1.121(d).
11)I--I The oath or declaraUon is objected to by the Examiner. Note the attached Office Action or form PTO-152.
Priority under 35 U.S.C, § 119
12)[-'] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
Attachment(e)
a)r-I All b)E_] Some * c)E] None of:
1.]-'] Certified copies of the priority documents have been received.
2.[-1 Certified copies of the priority documents have been received in Application No.
3.1-7 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) [] Noticeof ReferencesCited(PTO-892)
2) [] Noticeof Draftsperson'sPatent DrawingReview (PTO.948)
3) [] InformationDisclosure Statement(s)(PTOIeBI08)
Paper No(s)/Ma]l Datefiled5/16/2008.
U.S. PaLantand Trad Dm=rk Offk:=
PTOL-326(Roy. 08-06) Office Action Summary
00032
Nanoptix' Summary Judgment Exhibit No. 3
-A0171-
4) [] InterviewSummary (PTO413)
Paper No(s)/Ma_Date..
5) [] Notice of InformalPatentApplication
e)[] otho_.___.
Part ofPaper NoJMail Date20081118