IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Patents
`
`In re Application of: Michael L. Wach et al.
`
`) Conf. No.: 6907
`
`Application No.: 11/980,337
`Filed: October 30, 2007
`Title:
`Facile Optical Assemblies and
`
`5 Art Unit: 2874
`%
`Examiner: Petkovsek, Daniel
`i Docket No.: 06948.105029 CON2
`
`Components
`
`)
`
`RESPONSE
`
`Mail Stop Amendment
`Commissioner for Patents
`
`P. O, Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Responsive to the Official Action bearing a mail date of March 10, 2011, please consider
`
`the remarks that follow on page 2 below.
`
`
`
`I hereby certify that this correspondence is being deposi ed with the United States Postal Service as first class mail
`in an envelope addressed to: Mail Stop Amendmen
`ommissioner for Patents, P. O. Box 1450, Alexandria, VA
`
`22313-1450, on September 9, 201 1.
`
`Michael L. Wach, Reg. No. 54,517
`
`Page 1
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`ILLUMINA, INC. EXHIBIT 1014
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`Page 1
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`

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`U.S. Patent App. No. 1 1/980,337
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`Response to Official Action dated March 10, 2011
`Submitted September 9, 201 1
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`REMARKS
`
`The undersigned thanks Examiner Petkovsek for a careful review of this application.
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`Claim 47 is pending and under examination. The following remarks are submitted in traverse of
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`the pending rejection.
`
`I.
`
`Notice Regarding Related Re-Examination Proceedings
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`The present application incorporates U.S. Patent Application Number 60/213,983 by
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`reference and includes content from U.S. Patent Application Number 60/213,983. U.S. Patent
`
`Number
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`6,542,673
`
`claims priority to U.S. Patent Application Number 60/213,983.
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`Reexamination proceedings for U.S. Patent Number 6,542,673 are ongoing under Reexamination
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`Control Numbers 90/011,437; 95/000,463; and 90/011,758.
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`II.
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`Claim 47 Is Patentable Over Forman
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`In the Official Action dated March 10, 2011, the Examiner issued a pending rejection of
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`Claim 47 under 35 U.S.C. § 103(a) as unpatentable over U.S. Patent Number 5,351,324 to
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`Forman (hereinafter “Forman”). The rejection relies on the Examiner’s assertion that Forman
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`teaches reading the laser interference pattern through the cylindrical surface. The Applicants
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`respectfully disagree with this assertion.
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`Forman does not teach, suggest, disclose, or render obvious reading the laser interference
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`pattern through the cylindrical surface as required by Claim 47.
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`In contrast to reading the laser
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`interference pattern through the cylindrical surface, Forman teaches “a security code that can be
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`interrogated from either end of optical fiber 14.
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`One end of the fiber is sealed within a
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`container and the other end is placed in a location accessible to the interrogation system.
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`In a
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`preferred embodiment, the extending end of the fiber is fitted with a connecting device for quick
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`connection to the interrogation system.”
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`See Forman at 2:46-48 and 3:17-22. Forman’s
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`interrogation system interrogates by lens 28 directing light along the longitudinal axis of the
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`optical fiber 14, so interrogation light couples into and out of the core of the optical fiber 14
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`through the center of the fiber end face, not through the cylindrical surface as required by Claim
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`41. See Figure 1 of Forman, which has been inserted below for the Examiner’s convenience.
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`Page2
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`-2-
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`Page 2
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`

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`U.S. Patent App. No. 11/980,337
`
`Response to Official Action dated March 10, 2011
`Submitted September 9, 2011
`
`Figure 1 of Forman.
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`In View of the foregoing discussion of representative distinctions between Forman and
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`the invention of Claim 47, the Applicants courteously ask the Examiner to withdraw the pending
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`rejection of Claim 47.
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`CONCLUSION
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`The foregoing is submitted as a full and complete response to the Official Action bearing
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`a mail date of March 10, 2011. The Applicants and the undersigned thank Examiner Petkovsek
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`for consideration of the remarks presented by this paper.
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`The Applicants have not acquiesced to any rejection or issue raised by the Examiner and
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`reserve the right to address the patentability of all claim features in the future, via submitting
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`remarks or otherwise. The distinctions discussed above between the cited art and the claimed
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`invention are not exhaustive. Further, the Applicants are not conceding that any claim rejection,
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`statement, or Examiner position presented in the Official Action is accurate or correct.
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`Page3
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`-3-
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`Page 3
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`

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`U.S. Patent App. No. 11/980,337
`
`Response to Official Action dated March 10, 2011
`Submitted September 9, 2011
`
`The Applicants submit that this application is in condition for allowance and respectfully
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`request such action. If any issues exist that can be resolved with an Examiner’s Amendment or a
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`telephone conference, please contact the undersigned at 770-846-9238 in metropolitan Atlanta,
`
`Georgia.
`
`The accompanying papers are believed to provide payment for all fees due in this case,
`
`including all fees required for consideration of this paper and entry of the amendment. However,
`
`should the Commissioner deem that any additional fees (including any fees for extensions of
`
`time) or credits are due, the Commissioner is authorized to debit such fees from, or to credit any
`
`such overpayments to, USPTO Deposit Account Number 50-5230.
`
`Respectfully su
`
`
`Michael L. Wach
`
`Reg. No. 54,517
`
`Michael L Wach
`
`4425 Mariners Ridge
`Alpharetta, GA 30005
`
`Page 4
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`Page 4
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`

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`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Patents
`
`In re Application of: Michael L. Wach et al.
`
`Application No.:
`
`11/980,337
`
`Filed: October 30, 2007
`
`Title: Facile Optical Assemblies and
`Components
`
`)
`)
`)
`)
`)
`)
`)
`
`Conf. No.: 6907
`
`Art Unit: 2874
`
`Examiner: Petkovsek, Daniel
`
`Docket No.: 06948.105029 CON2
`
`TRANSMITTAL
`
`
`Mail Stop Amendment
`Commissioner for Patents
`
`P. O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Transmitted herewith, please find:
`
`1. Petition for three-month extension of time to respond to Official Action dated March 10,
`
`2011.
`
`'
`
`2. Check for $555 covering the Petition for extension of time.
`
`3. Response to Official Action dated March 10, 2011.
`4. Return receipt postcard.
`A
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`If any issues exist that can be resolved with a telephone conference, the Examiner is
`
`invited to contact the undersigned at 770-846-9238 in metropolitan Atlanta, Georgia.
`
`
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail
`in an envelope addressed to: Mail Stop Amendment, Commissi ner for Patents, P. O. Box 1450, Alexandria, VA
`22313-1450, on September 09, 2011.
`
`’ M
`
`ichael L. Wach, Reg. No. 54,517
`
`Page 5
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`Page 5
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`

`
`U.S. Patent App. No. 11/980,337
`
`Submitted September 11, 2011
`
`The accompanying papers are believed to provide payment for all fees due in this case,
`
`including all fees required for consideration of this paper. However, should the Commissioner
`
`deem that any additional fees (including any fees for extensions of time) or credits are due, the
`
`Commissioner is authorized to debit such fees from, or to credit any such overpayments to,
`
`USPTO Deposit Account Number 50-5230.
`
`1
`
`Respect
`
`lys
`
`Michael L. Wach
`
`Reg. No. 54,517
`
`Michael L Wach
`
`4425 Mariners Ridge
`Alpharetta, GA 30005
`
`Page 6
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`Page 6
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`

`
`
`
`Patents
`
`In re Application of: Michael L. Wach
`
`Application No.:
`
`11/980,337
`
`Filed: October 30, 2007
`
`Title: Facile Optical Assemblies and
`Components
`
`\/\/\/\/\/\/M
`
`Conf. No.: 6907
`
`Art Unit: 2874
`
`Examiner: Petkovsek, Daniel
`
`Docket No.: 06948.l05029 CON2
`
`PETITION FOR EXTENSION OF TIME 37 CFR 1.17(a)(2)
`
`Commissioner for Patents
`
`P. O. Box 1450
`
`Alexandria, VA 22313-1450
`
`Madame or Sir:
`
`Applicants respectfully request a three-month extension of time within which to file a
`
`response to the Restriction Requirement dated March 10, 2011, to expire September 10, 2011.
`
`A check is enclosed to cover the three-month extension of time fee of $555.00.
`
`Respectfully s
`
`
`
`
`Michael L. Wach
`
`Reg. No. 54,517
`
`Michael L Wach
`
`4425 Mariners Ridge
`Alpharetta, GA 30005
`Telephone: (678) 366-1882
`
`
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service as first class mail
`in an envelope addressed to: Mail Stop Amendment, Commissioner
`r Patents, P. O. Box 1450, Alexandria, VA
`
`22313-1450, on September 9, 201 1.
`
`
`
`Michael L. Wach, Reg. No. 54,517
`
`Page 7
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`555.00UP
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`01FC:2253
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`
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`09/13/2011EEKUBRY10000009211980337
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`Page 7