Case 1:17-cv-12194-MLW Document 32-5 Filed 03/01/18 Page 1 of 4
`Case 1:17-cv—12194-MLW Document 32-5 Filed 03/01/18 Page 1 of 4
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`EXHIBIT 5
`EXHIBIT 5
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`Case 1:17-cv-12194-MLW Document 32-5 Filed 03/01/18 Page 2 of 4
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`Notice of Allowability
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`Application No.
`14/473,871
`Examiner
`JERRY LIN
`
`Applicant(s)
`VON HOFF ET AL.
`AIA (First Inventor to File)
`Art Unit
`Status
`1631
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. [8] This communication is responsive to the response filed Januarv21, 2016.
`DA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on ___ .
`2. D An election was made by the applicant in response to a restriction requirement set forth during the interview on __ ; the restriction
`requirement and election have been incorporated into this action.
`
`3. [8] The allowed claim(s) is/are 1-14. As a result of the allowed claim(s), you may be eligible to benefit from the Patent Prosecution
`Highway program at a participating intellectual property office for the corresponding application. For more information, please see
`httg://www.usoto.govi.Qatents/init events/P.Qh/indexjso or send an inquiry to PPHfeedback@usgto.gov .
`4. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`*c) D None of the:
`a) D All
`b) D Some
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D 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)).
`* Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail Date __ .
`Identifying indicia such as the application number {see 37 CFR 1.84{c)) should be written on the drawings in the front {not the back) of
`each sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121{d).
`6. 0 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. D Notice of References Cited (PT0-892)
`2. [8] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date 1 /21 /2016
`3. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`
`/JERRY LIN/
`Primary Examiner, Art Unit 1631
`
`5. D Examiner's Amendment/Comment
`6. [8] Examiner's Statement of Reasons for Allowance
`7. D Other __ .
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`20160219
`
`Notice of Allowability
`
`Part of Paper No./Mail Date
`
`

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`Case 1:17-cv-12194-MLW Document 32-5 Filed 03/01/18 Page 3 of 4
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`Application/Control Number: 14/473,871
`Art Unit: 1631
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`Page 2
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`REASONS FOR ALLOWANCE
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`The present application is being examined under the pre-AIA first to invent
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`provisions.
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`The following is an examiner's statement of reasons for allowance: The prior art
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`does not teach the recited panel of biomarkers. Furthermore, applicants have
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`demonstrated that the claimed invention offers an improvement in another technical
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`field.
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`Any comments considered necessary by applicant must be submitted no later
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`than the payment of the issue fee and, to avoid processing delays, should preferably
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`accompany the issue fee. Such submissions should be clearly labeled "Comments on
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`Statement of Reasons for Allowance."
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to JERRY LIN whose telephone number is (571 )272-2561.
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`The examiner can normally be reached on Mon, Tues, Thurs, and Fri, 5:30 am-4 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Peter Paras can be reached on (571) 272-4517. The fax phone number for
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`the organization where this application or proceeding is assigned is 571-273-8300.
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`

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`Case 1:17-cv-12194-MLW Document 32-5 Filed 03/01/18 Page 4 of 4
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`Application/Control Number: 14/473,871
`Art Unit: 1631
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`Page 3
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/JERRY LIN/
`Primary Examiner, Art Unit 1631
`
`