`
`
`
` . UNITED S A B B ARTMENT OF COMMERCE '
`United Etatu Pawn. uni ’1‘radamu_II Dmce
`Adm-II:COMMIB!lON'BIl FOR PATRNTEI
`I10. Box 1410
`.
`NaunMA.Vlzn'.nia I1)IM¢$o
`"""-"I‘°-I9’
`
`APPLICATION NO.
`I0/010,354
`
`FILING DATE
`12l04/2UDl
`
`FIRST NAMED TNVBNTOR
`MinhaclL. Wnch
`
`.:
`
`ATRZIRNEY IIIDEXJII‘ Nfl.
`06948.I0507.9
`
`CONFIRMATION N0.
`7485
`
`W
`
`7590
`
`07/16/100)
`
`W. Scott Petty, Esq.
`KING EL SPALDING
`451.11 Floor
`191 Peachtxcc Sheen N.E.
`Atlanta, GA 30303
`
`EXAMINER
`
`PEFKOVSEK, DANIELJ
`ART UNIT
`PAPER NUMBER
`‘IE7-1
`DATE MAILED: 07/I 6f20()3
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev 07-01)
`
`
`
`Appltcant(s) Application No.
`10/010,854
`WACH ET AL.
`Examiner
`A-‘mm-—
`
`Notice of Abandonment
`
`
`
`2674
`Daniel J Peti<___ovsek
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address»
`
`This applicalion is abandoned in View of:
`
`1. E Applicant's failure to timely file a proper repiyto the Office letter mailed on Q6 November 209;.
`(a) C] A reply was received on
`(with a Certificate of Malling or Transmission dated
`.
`), which is after the expiration oi the
`period for reply (including a total extension of time of
`month(s)) which expired on
`.
`(b) [I A proposed reply was received on
`, but it does not constitute a proper reply under 37 CFR 1.113 (a) to the final rejection.
`(A proper reply under 37 CFR 1.113 to a flnal rejection consists only of: (1) a timely flied amendment which places the
`application in condition lor allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) a timely filed Request for
`Continued Examination (RCE) in compliance with 37 CFR 1.114).
`'
`'
`(c) [:1 A reply was received on
`but it does not constitute a’ proper reply, or a bona tide attempt at a proper reply, to the non-
`final rejection. See 37 CFR 1.85(a) and 1.111. (See explanation in box 7 below).
`(d) E No reply has been received.
`
`2. D Applicant's failure to timely pay the required issue fee and publication tee, ifappliceble, vvithln the statutory period of three months
`from the mailing date of_ the Notice of Allowance (PTOL-85).
`(with a Certificate of Mailing or Transmission dated
`(a) Cl The issue tee and publication fee,
`if applicable, was received on
`), which is after the expiration of the statutory period for payment of the issue fee (and publication fee) set in the Notice of
`Erica (PTOL-85).
`(b) :i The submitted fee of $___ is insufficient. A balance of $______ is due.
`The issue fee required by 37 CFR1 18 is $__ The publication fee, if required by 37 CFR1.18(d). is $j
`(c) 3 The issue fee and publication lee, if applicable, has not been received
`
`3 D Applicant's failure to timely file corrected drawings as required by, and within the three-month period set in, the Notice of
`Allowabllity (PTO—37).
`(a) :1 Proposed corrected drawings were received on
`after the expiration of the period for reply.
`(b) :] No corrected drawings have been received.
`
`(with a Certificate of Mailing or Transmission dated
`
`), which is
`
`4. D The letter of express abandonment which is signed by the attorney or agent of record, the assignee of the entire interest, or all of
`the applicants.
`
`5 C] The letter of express abandonment which is signed by an attorney or agent (acting in a representative capacity under 37 CFR
`1 34(a)) upon the filing of a continuing application
`'
`
`6. E] The decision by the Board of Patent Appeals and interference rendered on
`of the decision has expired and there are no allowed claims.
`
`and because the period for seeking court review
`
`7. IE The reason(s) beidi/if.
`
`., 'i-ilili.
`Examiner Petkovsek spoke with Mr,ji(\g,,.$cott Petty on July 7, 2003, and Mr. Petty informed the examiner that no
`response would be made to the office action flied on November 6, 2002. Mr. Petty ‘informed the examiner that a
`continuation 10/429,166 was filed on May 2, 2003 to the current case.
`'
`
`Brian Hasty
`Pii.'nar;