Joint Appendix One

Case 2:10-cv-07678-J FW -DTB Document 57-4
#:1011
Filed 09/28/11 Page 34 of 38 Page ID
Application No. Applicant(s)
10/405,112 MEYERHOFER, MARK
Office Action Summary Examiner Art Unit
Chad Dickerson 2625
- The MAILING DATE oft.his communication appears on the coversheet with the correspondenceaddress -
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 cOMML_NICATION.
- Extensions of time may be available under the pmv_sinns of 37 CFR 1.136(a). In no event, however, rnaya reply be Umely _]ed
afler Sbx (_ MONTHS f_m the rna_ing date of thl_ commun}cation.
- If NO perlod thr reply la sP_'*.}fled above, the maxlrnuer slalutery peded will apply and will explm SIX (B) MONTHS fTom the mailing date of this cemmunicaUon,
- Failure to i'ep_y wtthln'tbe set or extended period for reply w,l, by statute, cause Ihe appllnatfon to become ABANDONED ('35 U,S.C. § 1'33),
An), reply i'ecslved by the Office later than three months after the malting date of thSscommunication, even If 6mely flied, may reduce any
earned patent term adjustmenL See 37 CFR 1.704(b),
t)_] Responsive to communication(s) filedon 21 March 2003.
2a)O" This action is FINAL. 2b)[] This action is non-final.
• 3)1--} Since this application is in condition for allowance except for formal matters, prosecution as to the motifs is
closed in accordance with the-practice under Ex parle Quaye, 1935 C.D.' 11,453 O.G. 213.
Disposition of Claims • "
4)[-1 Claim(s) _ Is/are pending in the application.
4a) Of the above claim(s) _ is/are withdrawn from consideration.
5)['1 Clalm(s) _ is/are allowed.
6)_] Claim(s) 82-162 is/are rejected,
7)i"7 Claim(s) __ is/are objected to:
8)r-I Claim(s) _ are subject to re.strict/onand/or election requirement.
Application Papers
• 9)_ The specification is objected to by the Examiner.
10)_;_The cJrawing(s) filed on 31 March 2003 is/are: a)[-"Jaccepted or b)J_ objected in by the Examiner.
Applicantmay notrequestthat any objectionto thedrawing(s)be held inabeyance. See 37 CFR 1.85(a).
Replacementdrawingsheet(s)includingthecorrectionIs requiredif the drawing(s)isobjectedto. See 37 CFR 1.121(d).
11)i"] The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO_152.
Priority under 35 U.S.Co § 119
12)E_]Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
a)i-'-[AII b)F-I Some * c)f"] None of:.
1.F-] Certified copies of the priority,documents have been received.
2.[-] Certified copies of the priority documents have been received in Application No.
3.F-I Copies of the certified copies of the prioritydocuments have been received in th_s National Stage
application from the International Bureau (PCT Rule 17.2(a)).
"See the attached detailed Office action for a listof the certified copies not received.
Attachment(s)
1)[] NoticeofReferencesCited(PTO-892)
2)[] NoticeofOraflsperson*e PatentDrawingReviewiPTO-S4S)
3)[] InfolmationDisclosureStatement(s) (PTO/SB/08)
PaperNo(s)/MatiDateseeattachment.
J.S. PetmntendXrc_ma_ O_lica
PTOL-326 (Rev. 08-06) Office Action Summary
4) [] Interview eummaq/(PTO-413)
Paper No(s)/Mat3 Date. _.
5) [] Notice of InformaiPatent App[iceUon
s) [] Other:. _.
00092
Nanoptix' Summary Judgment Exhibit No. 3
-A0231 -
Pad of Paper No./Maii Date 20070301
NAN05069
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