Joint Appendix One

II
Case 2:10-cv-07678-JFW-DTB Document 57-4 Filed 09/28/11 Page 4 of 38 Page ID .i
#:981 NAN04799
Appt|cation No. Applicant(s)
10/405,112 MEYERHOFER, MARK
Off.me Action Summary Examiner Art Unit
Chad Dickersort 2625
- The MAILING DATEofthls communication appears on the ceversheet with the correspondence address -
Period for Reply
Status
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 5me may be ava_abte under the provisions of 37 CFR 1.i3S(a_ In no event, however, may a reply be I_mely filed
alter SIX (6) MONTHS from the ma_Jlng date of this comrnunlcaUen,
- If NO pedod for reply is specified above, the maximum stalat0ry pedod wlll a_0ply or¢l will e_q_ire SIX (6) MONTHS _ the _,lthg _ta of _ls _mmunl_tton.
- Failure to reply wlth_ the set or extended period for reply _ by st_te, cause the application to become ABANOONEO (35 U,S.C. § 133).
Any reply received by the Office later then 6,u_e months alter the rn_ling data of this coraraunication, even if timely filed, may reduce any
earned patent term adjustment. See 37 CFR 1.704(b).
1)[] Responsive to communication(s) filed on 13 February 200&
2a)['-I This action is FINAL. 2b)_;_ This action is non-final.
3)[-] Since this application is in condition for allowance except for formal matters, prosecution as to the medts is
closed in accordance with the practice under Ex parts Quay/e, 1935 C.D. 11,453 e.G. 213.
Disposition of Claims
4)_;_ Claim(s) 82-152 and 154-166 is/are pending in the application.
4a) Of the above claim(s) _ is/are withdrawn from consideration.
5)[-] Claim(s)_ Is/are allowed.
6)_;_} Claim(s) 82-152 and 154-166 is/are rejected.
7)[-I Claim(s) _ is/are objected to.
8)[-I Claim(s) _ are subject to restriction and/or election requirement.
Application Papers
9)[7 The spec_cation is objected to by the Examiner.
10)_;_ The drawing(s) filed on 31 March 2003 is/are: a)["l 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 requlred if the drawing(a) Is objected to. Sea 37 CFR 1.121 (d).
11)["1 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT£)-152.
Priority under 35 U.S.C. § 1t9
12)[--I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § i 19(a)-(d) or (f),
A_chreant(e)
a)E] All b)[--I Some * c)l-'] None of:
l.r] Certified copies of the pdority documents have been received,
2.1-I Certified copies of the pdodty documents have been received in Application No. __
3.1-] Copies of the certified copies of the pdodty 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 ReferencesCited (PT0-892)
2) [] Noticeof DraftsDerson'sPatentDrawingReview (PT0-948)
3) [] information DisclosureStatement(s)(PTO/S5/08}
PaperNo[s)/Mail Date See Conttnua#enSheet.
U.& patent andTrada_mrk Off'me
PTOL-326 (Ray. 08-08) Off'meAction Summary
00062
Nanoptix' Summary Judgment Exhibit No. 3
-A0201 -
4) [] Interview Summary(PTO413)
PaperNe(s)/Mail Date..
5) [] Noticeof Informal PatentAppllcatJen
6) [] Other:.
Part ofPaper No./Mail Date 20070301
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