Application No.
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`11/980,337
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`App|icant(s)
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`WACH ET AL.
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`DANIEL PETKOVSEK
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`2874
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`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.
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`1. IX This communication is responsive to the amendmentfiled September 13, 2011.
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`2. I] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
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`; the restriction
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`3. IX] The allowed cIaim(s) is/are 4_7.
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`4. I] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )—(d) or (f).
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`a) D All
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`b) I:I Some*
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`c) I:I None
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`of the:
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`1. I:I Certified copies of the priority documents have been received.
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`2. El Certified copies of the priority documents have been received in Application No.
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`3. I:I Copies of the certified copies of the priority documents have been received in this national stage application from the
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`International Bureau (PCT Rule 17.2( )).
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`* Certified copies not received:
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`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.
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`5. [I A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO—152) which gives reason(s) why the oath or declaration is deficient.
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`6. I:I CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) El including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO—948) attached
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`1) I:I hereto or 2) I:I to Paper No./Mail Date
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`(b) I:I including changes required by the attached Examiner’s Amendment / 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).
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`7. I:I 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.
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`Attachment(s)
`1. I] Notice of References Cited (PTO—892)
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`2. I] Notice of Draftperson‘s Patent Drawing Review (PTO—948)
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`3. I] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`4. I:l Examiner’s Comment Regarding Requirement for Deposit
`of Biological Material
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`5. El Notice of Informal Patent Application
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`6. El Interview Summary (PTO—413),
`Paper No./Mail Date
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`7. El Examiner’s Amendment/Comment
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`8. IX Examiner’s Statement of Reasons for Allowance
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`9. El Other
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`.
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`U.S. Patent and Trademark Office
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`PTOL-37 (Rev. 03-11)
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`Page 1
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`Notice of Allowability
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`Part of Paper No./Mail Date 20111027
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`ILLUMINA, INC. EXHIBIT 1015
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`Application/Control Number: 11/980,337
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`Page 2
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`Art Unit: 2874
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`DETAILED ACTION
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`This office action is in response to the request for reconsideration filed
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`September 13, 2011. Claim 47 is pending.
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`Allowable Subject Matter
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`1.
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`Claim 47 is allowed. The following is an examiner’s statement of reasons for
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`allowance: the closest prior art of record (Forman '324, etc.) does not teach or
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`reasonably suggest, in combination, each method claim limitation as presented by sole
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`pending claim 47.
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`In particular, there is no teaching or reasonable suggestion for the
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`explicit limitation in which the mg of the laser interference pattern, by the camera,
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`occurs through the cylindrical surface. Applicant's arguments filed September 13, 2011
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`are persuasive, and the entire combination of the method is patentable over the prior
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`art.
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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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`Response to Arguments
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`2.
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`Applicant’s arguments (pages 2-4), see request for reconsideration, filed
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`September 13, 2011, with respect to the pending claim 47 in view of the prior art, have
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`Application/Control Number: 11/980,337
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`Art Unit: 2874
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`been fully considered and are persuasive. Claim 47 is now patentable and allowed over
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`all prior art of record.
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`In ventorship
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`3.
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`This application currently names joint inventors.
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`In considering patentability of
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`the claims under 35 U.S.C. 103(a), the examiner presumes that the subject matter of
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`the various claims was commonly owned at the time any inventions covered therein
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`were made absent any evidence to the contrary. Applicant is advised of the obligation
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`under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was
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`not commonly owned at the time a later invention was made in order for the examiner to
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`consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g)
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`prior art under 35 U.S.C. 103(a).
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`Conclusion
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`4.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to DANIEL PETKOVSEK whose telephone number is
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`(571) 272-4174. The examiner can normally be reached on M—F 8:30-5PM.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Uyen Chau Le can be reached on (571) 272-2397. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Application/Control Number: 11/980,337
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`Page 4
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`Art Unit: 2874
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`Information regarding the status of an application may be obtained from the
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`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.
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`Status information for unpublished applications is available through Private PAIR only.
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`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
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`Business Center (EBC) at 866-217-9197 (toII—free).
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`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.
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`/Daniel Petkovsek/
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`Primary Examiner, Art Unit 2874
`October 27, 2011
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