`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`313- 1450
`Alexandria1 Virginia 22
`wwwnsptogov
`
`APPLICATION NO.
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`11/133,373
`
`23364
`
`
`
`
` F ING DATE
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`05/20/2005
`
`7590
`
`01/21/2009
`
`BACON & THOMAS, PLLC
`625 SLATERS LANE
`FOURTH FLOOR
`ALEXANDRIA, VA 22314-1176
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONF {MATION NO.
`
`Kazuyuki Ouchi
`
`OUCH3005/JJC/JS
`
`7792
`
`EXAMINER
`
`LANDRUM,
`
`EDWARD F
`
`ART UNIT
`
`3724
`
`MAIL DATE
`
`01/21/2009
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`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)
`
`

`

`
`Application No.
`Applicant(s)
`
`Notice of Non-Compliant
`
`11/133,373
`
`OUCHI ET AL.
`
`
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`
`Edward F. Landrum
`
`3724
`
`The amendment document filed on 12 November 2008 is considered non-compliant because it has failed to meet the
`requirements of 37 CFR 1.121 or 1.4. In order for the amendment document to be compliant, correction of the following
`item(s) is required.
`
`THE FOLLOWING MARKED (X) |TEM(S) CAUSE THE AMENDMENT DOCUMENT TO BE NON-COMPLIANT:
`El
`1. Amendments to the specification:
`D A. Amended paragraph(s) do not include markings.
`D B. New paragraph(s) should not be underlined.
`
`D C. Other
`
`El 2. Abstract:
`D A. Not presented on a separate sheet. 37 CFR 1.72.
`D B. Other
`.
`
`El 3. Amendments to the drawings:
`D A. The drawings are not properly identified in the top margin as “Replacement Sheet,” “New Sheet,” or
`“Annotated Sheet” as required by 37 CFR 1.121(d).
`D B. The practice of submitting proposed drawing correction has been eliminated. Replacement drawings
`showing amended figures, without markings, in compliance with 37 CFR 1.84 are required.
`
`D C. Other
`
`IXI 4. Amendments to the claims:
`D A. A complete listing of all of the claims is not present.
`D B. The listing of claims does not include the text of all pending claims (including withdrawn claims)
`D C. Each claim has not been provided with the proper status identifier, and as such, the individual status
`of each claim cannot be identified. Note:
`the status of every claim must be indicated after its claim
`number by using one of the following status identifiers: (Original), (Currently amended), (Canceled),
`(Previously presented), (New), (Not entered), (Withdrawn) and (Withdrawn-currently amended).
`D D. The claims of this amendment paper have not been presented in ascending numerical order.
`IX E. Other: Applicant has placed sublect previously withdrawn sublect matter directed to a non-elected
`species into independent claim 1.
`It is the policy of the Office not to permit an applicant to shift to claiming another
`invention after an election is once made and an action is given on the elected sublect matter.
`
`El 5. Other (e.g., the amendment is unsigned or not signed in accordance with 37 CFR 1.4):
`
`
`For further explanation of the amendment format required by 37 CFR 1.121, see MPEP § 714.
`
`TIME PERIODS FOR FILING A REPLY TO THIS NOTICE:
`
`1. Applicant is given no new time period if the non-compliant amendment is an after-final amendment or an amendment
`filed after allowance.
`If applicant wishes to resubmit the non-compliant after-final amendment with corrections, the
`entire corrected amendment must be resubmitted.
`
`2. Applicant is given one month, or thirty (30) days, whichever is longer, from the mail date of this notice to supply the
`correction, if the non-compliant amendment is one of the following: a preliminary amendment, a non-final amendment
`(including a submission for a request for continued examination (RCE) under 37 CFR 1.114), a supplemental
`amendment filed within a suspension period under 37 CFR 1.103(a) or (c), and an amendment filed in response to a
`Quayle action. If any of above boxes 1. to 4. are checked, the correction required is only the corrected section of the
`non-compliant amendment in compliance with 37 CFR 1.121.
`
`Extensions of time are available under 37 CFR 1.136(a) only if the non-compliant amendment is a non-final
`amendment or an amendment filed in response to a Quayle action.
`
`Failure to timely respond to this notice will result in:
`Abandonment of the application if the non-compliant amendment is a non-final amendment or an amendment
`filed in response to a Quayle action; or
`Non-entry of the amendment if the non-compliant amendment is a preliminary amendment or supplemental
`amendment.
`
`
`
`

`

`Continuation Sheet PTOL-324
`
`A olication No.
`
`Supervisory Patent Examiner, Art Unit 3724
`
`/Boyer D. Ashley/
`
`Part of Paper No. 20090106
`
`US. Patent and Trademark Office
`PTOL-324 (01-06)
`
`Notice of Non-Compliant Amendment (37 CFR 1.121)
`
`