`22 February 2011 Response
`Responsive to 20 January 2011 Office Action
`
`1497.50379X00 / DP1-51047(US) / 330850161U801
`Page 2
`
`RESTRICTION REQUIREMENT
`
`A restriction requirement has been made for the reasons beginning on page 2
`
`of the Detailed Action portion of the Office Action.
`
`PROVISIONAL ELECTION
`
`In order to comply with the requirement, Applicant provisionally elects, without
`
`traverse, for prosecution on the merits, Invention ll; including at least claims 9-10.
`
`NO ADMISSION - RESTRICTION/ELECTION
`
`Applicant submits that the instant response (including the comments
`
`submitted and the provisional election) is n_ot an admission on the record that the
`
`respective species are separately distinct species and/or obvious variants.
`
`CONTINUATION(S)IDIV|SIONAL(S) FOR NON-ELECTED SUBJECT MATTER
`
`Despite any traversal set forth in other parts of this paper regarding any
`
`Restriction/Election, one or more related (e.g., continuation/divisional) applications
`
`may be filed to pursue subject matter not elected in the present application.
`
`Applicant submits that any filing of continuation(s)/divisional(s) should n_ot be taken
`
`as any prejudice, admission or disclaimer that the Restriction/Election is correct, but
`
`instead, is merely use of separate applications to move the other subject matter
`
`through the patenting process.
`
`
`
`KASE et aI., 12/630,862, conf. no. 1548
`22 February 2011 Response
`Responsive to 20 January 2011 Office Action
`
`1497.50379X00 / DP1-51047(US) / 330850161US01
`Page 3
`
`CONTINUATION(S)IDIVISIONAL(S) - DOUBLE PATENTING PROHIBITED
`
`Regarding any related continuation/divisional application(s) filed to pursue
`
`subject matter identical to or consonant with Restriction/Election subject matter not
`
`elected in the present application, it is respectfully submitted that the third sentence
`
`of 35 U.S.C. 121 and MPEP 804.01 prohibit any double-patenting rejection between
`
`this and the related continuation/divisional applications.
`
`EXAMINER INVITED TO TELEPHONE
`
`The Examiner is herein invited to telephone the undersigned attorneys at the
`
`local Washington, DC. area telephone number of 703/312-6600 for discussing any
`
`Examiner’s Amendments or other suggested actions for accelerating prosecution
`
`and moving the present application to allowance.
`
`RESERVATION OF RIGHTS
`
`It is respectfully submitted that any and all claim amendments and/or
`
`cancellations submitted within this paper and throughout prosecution of the present
`
`application are without prejudice or disclaimer. That is, any above statements, or
`
`any present amendment or cancellation of claims (all made without prejudice or
`
`disclaimer), should not be taken as an indication or admission that any
`
`objection/rejection was valid, or as a disclaimer of any scope or subject matter.
`
`Applicant respectfully reserves all rights to file subsequent related application(s)
`
`(including reissue applications) directed to any/all previously claimed
`
`limitations/features which have been subsequently amended or cancelled, or to
`
`any/all limitations/features not yet claimed, i.e., Applicant continues (indefinitely) to
`
`
`
`KASE et aI., 12/630,862, conf. no. 1548
`22 February 2011 Response
`Responsive to 20 January 2011 Office Action
`
`1497.50379X00 / DP1-51047(US) / 330850161U801
`Page 4
`
`maintain no intention or desire to dedicate or surrender any limitations/features of
`
`subject matter of the present application to the public.
`
`CONCLUSION
`
`In view of the foregoing amendments and remarks, Applicant respectfully
`
`submits that the application is now in condition for allowance.
`
`To the extent necessary, Applicant petitions for an extension of time under 37
`
`CFR '1.136. Authorization is herein given to charge any shortage in the fees,
`
`including extension of time fees and excess claim fees, to Deposit Account No. 01-
`
`2135 (Case No. 1497.50379XOO) and please credit any excess fees to such deposit
`
`account
`
`PJS/slk
`
`(703) 312-6600
`
`Respectfully submitted,
`
`ANTONELLI, TERRY, STOUT & KRAUS, LLP
`
`/Paul J. Skwierawski/
`Paul J. Skwierawski
`
`Registration No. 32,173
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
