`
`Application No.
`
`Applicant(s)
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`101765.487
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`Examiner
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`Marton T. Fletcher
`
`BOISVERT ET AL.
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`Art Unit
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`2837
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`All participants (applicant, applicant's representative. PTO personnel):
`
`(1) Marlon T. Fletcher.
`
`(2) Steve Schultz.
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`Date of Interview: 30 Mav 2007.
`
`(3) __ .
`
`(4) __ .
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`Type: a)D Telephonic b)O Video Conference
`c)i8] Personal [copy given to: 1 )0 applicant
`
`2Sapplicant's representative)
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`Exhibit shown or demonstration conducted: d)O Yes
`If Yes, brief description: __ .
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`e)O No.
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`Claim(s) discussed: 1-37.
`
`Identification of prior art discussed: Jones et at. and Wren beck et at ..
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`Agreement with respect to the claims f)i8] was reached. g)O was not reached. h)D N/A.
`
`Substance of Interview including description of the general nature of what was agreed to if an agreement was
`reached, or any other comments: See Continuation Sheet.
`
`(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims
`allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims
`allowable is available, a summary thereof must be attached.)
`'
`
`THE FORMAL WRITIEN REPLY TO THE LAST OFFICE ACTION MUST INCLUDE THE SUBSTANCE OF THE
`INTERVIEW. (See MPEP Section 713.04). If a reply to the last Office action has already been filed, APPLICANT IS
`GIVEN A NON-EXTENDABLE PERIOD OF THE LONGER OF ONE MONTH OR THIRTY DAYS FROM THIS
`INTERVIEW DATE, OR THE MAILING DATE OF THIS INTERVIEW SUMMARY FORM, WHICHEVER IS LATER, TO
`FILE A STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview
`requirements on reverse side or on attached sheet.
`
`Examiner Note: You must ;>ign this form unless it is an
`Attachment to a signed Office action.
`
`U.S. Palanl and Tredematll Office
`PTOL-413 (Rev. 04-03}
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`Interview Summary
`
`PaperNo. 20070530
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`
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`Summary of Record of Interview Requirements
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`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record
`A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record In the
`application whether or not an agreement with the examiner was reached at the interview.
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`Paragraph (b)
`In every Instance where reeonsideratlon is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
`warrantlng favorable action must be filed by the applicant An interview does not remove the necessity for reply to Office action as spedlled in§§ 1.111, 1.135. (35 U.S.C. 132)
`
`37 CFR §1.2 Business to be transacted in writing.
`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attomeys or agents at the Patent and
`Trademark Office is unnecessary. The actlon of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
`incomplete through the failure to record the substance of interviews.
`It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
`the examiner indicates he or she will do so. It is the examiner's responsibility to see that such a record is made and to correct material inaccuracies
`·
`which bear directly on the question of patentability.
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment. no separate Interview Summary Record is required.
`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
`·contents" section of the file wrapper. In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview. In the case of a telephone or video-conference interview, the copy is mailed to the applicanfs correspondence address
`either with or prior to the next offiCial communication. If additional correspondence from the examiner is not likely before an allowance or if other
`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`- Application Number (Series Code and Serial Number)
`Name of applicant
`Name of examiner
`Date of interview
`Type of interview (telephonic, video-conference, or personal)
`Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`An indication whether or not an exhibit was shown or a demonstration conducted
`An identification of the specific prior art discussed
`An indication whether an agreement was reached and if so, a description of the general nature of the agreement (may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
`not restrict further action by the examiner to the contrary.
`The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
`
`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
`should be noted, however, that the lnte.rview Summary Form will not normally be considered a complete and proper recordation of the interview
`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substance of the interview.
`
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize and fully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
`the examiner.
`
`Examiners are expected to carefully review the applicant's record of the substance of an interview. If the record is not complete and
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
`
`Examiner to Check for Accuracy
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`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner's version of the
`statement attributed to him or her. If the record is complete and accurate, the examiner should place the indication, "Interview Record OK" on the
`paper recording the substance of the interview along with the dale and the examiner's initials.
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`2
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`Continuation Sheet (PTOL-413)
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`Application No. 10n65,487
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`Continuation of Substance of Interview including description of the general nature of what was agreed to if an
`agreement was reached, or any other comments: It was agreed that Jones et al. do not disclose the feature of storing
`immediate past measurements, in order to determine to deactivate the motor controlling the motor driven element. The
`immediate past measurements are defined as measurements take during the operation of motion of the motor driven
`element. The applicant has provided evidence that the current application has priority over Wren beck et al., which was
`used to show immediate past measurements. This evidence from the parent patent will be reviewed to determine if the
`claim language is supported by the parent. If this is found to be the case, the application will further searched and
`updated to see if there is any prior art that can read on the present claims containing this limitation. If no prior art is
`found to read on claims 1, 6, 12, 19 and 20, these claims and their dependents will be allowed. As for the remaining
`claims, which do not include this feature, if support for the claims language of these claims is found in the parent patent
`used to establish priority, the rejection to these claims will be changed in lieu of the fact that Wrenbeck et al no longer
`precedes the priority date.
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`3
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