Attorney Docket No.: ZON-001
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`PATENT
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`APPLICANT:
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`Roman Chistyakov
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`SERIAL NO.:
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`10/065,277
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`GROUP NO.:
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`1753
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`FILING DATE:
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`September 30, 2002
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`EXAMINER:
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`McDonald, Rodney G.
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`TITLE:
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`HIGH-POWER PULSED MAGNETRON SPUTTERING
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`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, Virginia 22313-1450
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`Sir:
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`RESPONSE
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`The following remarks are responsive to the Office Action mailed on July 18, 2006 in the
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`above-identified patent application. Entry and consideration of the following amendments and
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`remarks, and allowance of the claims, as presented, are respectfully requested.
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`Remarks are on page 2 of this paper.
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`GILLETTE 1114
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`GILLETTE 1114
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`Amendment and Response
`Applicant: Chistyakov
`Serial No.: 10/065,277
`Page 2 of 3
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`Pending Claims
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`Claims 1-50 are currently pending.
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`Allowable Subject Matter
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`REMARKS
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`The Applicant acknowledges with appreciation the statement made on page 4 in the
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`Office Action dated July 18, 2006 that the Applicant’s arguments filed on May 2, 2006 are
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`deemed persuasive.
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`Information Disclosure Statements
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`The Applicant requests that the Information Disclosure Statements filed on May 11,
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`2004, December 12, 2003, and June 12, 2003 be reviewed and acknowledged by the Examiner.
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`Provisional Non-Statutory Obviousness-Type Double Patenting Rejection
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`The Applicant is submitting herewith a Terminal Disclaimer to Obviate a Provisional
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`Double Patenting Rejection Over a Pending Second Application in compliance with 37 C.F.R.
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`1.321. The Terminal Disclaimer was signed by the President of Zond, Inc., who is also the sole
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`inventor of the present application. The Applicant is also submitting a Statement Under 37 CFR
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`3.73(b) which states that Zond, Inc. is the assignee of the entire right, title, and interest of the
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`pending second application. An Assignment assigning the entire right, title, and interest in the
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`present application (Serial Number 10/065,277) to Zond, Inc. was recorded at Reel 013351,
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`Frame 0573.
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`The Applicant believes that the submitted Terminal Disclaimer overcomes the
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`Provisional Double Patenting Rejection and, therefore, claims 1-50 are allowable.
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`CONCLUSION
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`Claims 1-50 are pending. A Terminal Disclaimer has been submitted to overcome the
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`Provisional Double Patenting Rejection. The Applicant submits that claims 1-50 are
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`allowable and respectfully request an allowance of all pending claims.
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`I
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`I
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`|\)
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`

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`Amendment and Response
`Applicant: Chistyakov
`Serial No.: 10/065,277
`Page 3 of 3
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`If, in the Exan1iner’s opinion, a telephonic interview would expedite prosecution of
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`the present application, the undersigned attorney would welcome the opportunity to discuss
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`any outstanding issues, and to work with the Examiner toward placing the application in
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`condition for allowance.
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`Date: August 28, 2006
`Reg. No. 40,137
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`Tel. No.: (781) 271-1503
`Fax No.: (781)271-1527
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`Doc. 2246V1
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`Respectfully submitted,
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`/Kurt Rauschenbach/
`Kurt Rauschenbach, Ph.D.
`Attorney for Applicant
`Rauschenbach Patent Law Group, LLC
`Post Office Box 387
`Bedford, MA 01730
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`

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`i>-roise/25 (as-03)
`Appravedtcii uaa lhmugn D7131/2003. OMB [>651-0031
`L23. Patent and Trademark Otl'ce; US. DEPARTMENT OF EONNERCE
`Under the Paerwork Reduction Act of 1995 no persons are r ulred to reand to a collection 0! information unless it dis avs a valid OMB control number.
`TERMINAL DISCLAIMER T0 OBVIATE A PROVISIONAL DOUBLE PATENTlNG DDCl<9lNUmb9l’ (OpUi:inall
`REJECTION OVER A PENDING SECOND APPLICATION
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`in ,5 Appncay-,0" of; Roman Citistyzilcov
`Application No.2 10/065,277
`Filed: 9/30/2002
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`For: I-Iigh—Power Pulsed Magnetron Sputtering
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`The owner’. zQnd= Inc‘
`, of mo percent interest in the instant application hereby disclaims, except as
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`provided below, the terminal part of the statutory term or any patent granted on the instant application. which would extend
`beyond the expiration date of the full statutory term defined in 35 U.S.C. 154 and 173 as shortened by any terminal
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`disclaimer tiled
`rior to the grant of any patent granted on pending second Application Number 11/181463
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`filed on Jul! lg. 2005 .uf any patent on the pending second application. The owner hereby agrees that any patent so
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`granted on the instant application shall be enforceable only for and during such period that it and any patent granted on the
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`second application are commonly owned This agreement runs with any patent granted on the instant application and is
`binding upon the grantee. its successors or assigns.
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`in making the above disclaimer. the owner does not disclaim the terminal part at any patent granted on the instant
`application that would extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of any
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`patent granted on the second application_ gs shortened by any terminal disclaimer filed prior to the patent grant,
`in Lhe
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`event that any such granted patent-. expires for failure to pay a maintenance lee. is held unenforceable, is found invalid by
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`a court of competent iunsdiction,
`is statutorily dlsclalmed in whole or terminally dlsclaimed under 37 CFR 1.321, has all
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`claims canceled by a reexamination certificate, is reissued, or is in any manner terminated prior to the expiration of its full‘
`statutory term as shortened by any terminal disclaimer filed prior to its grant.
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` Check either box 1 or 2 below. if appropriate.
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`1
`For submissions on behalf of an organization (e.g., corporation, partnership, university, government agency,
`etc). the undersigned is empowered to act on behalf orthe organization.
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`I hereby declare that all statements made herein of my own knowledge are true and that all statements made on
`information and belief are believed to be true; and further that these statements were made with the knowledge that willful
`false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 011159 19 or
`the United States Code and that such willful false statements may jeopardize the validity of the application or any patent
`issued thereon.
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`2~ D The undersigned is an attorney or agent or record.
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`Signature
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`Roman Cliistyakov
`Typed or printed name
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`Terminal disclaimer lee Lmder'37' CFR ‘l.20{d) is included.
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`WARNtNG: information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038,
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`(508)261-8800_
`Telephone Number
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`‘Statement under 37 CVR 3,7303) is required if terminal disclaimer is signed by the assignee (owner).
`Fawn PTO/SBI96 may be used for making this statement. See MPEP § 324.
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`This collection 0.’ Information is required by 37 CFR 1,321. The information IB mquired to obtain or retain a benefit by the public which in to ille (and by the USPTO
`lo pmceaa) an application Contldcniialily is governed by 35 U.5.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 tTtll'1Li'.E£l to complete. including
`gathering, preparlrig. and submitting the completed application term to the USPTO. Time Mil vary depending upon the individual case. Any comments on U19
`amount at time you require to complete this form and/or auggaaiiona for reducing irate burden. should be sent to the Chief information Offiggr, us, para"; 5,“;
`Trademark Office. U.S. Depamnervt ol Commerce, Po. Box 1450, Alexandria. VA 22313-1450. no Not SEND FEES on COMDLETED Forms To TH[g
`ADDRESS. SEND ‘TO: Cornmlsslnncrfar Patanus. P.O. Box 1450, Alexandria. VA 22313-1450.
`it you need assistance in completing the form. cell ‘i-BOO-PTO-B199 and select option 2.
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`

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`PTO/SB/D6 (08413)
`Aaprovud Ior use through O7l31I2006. OMB 0851-0031
`U.S. Patent and Trademark Office; U.$. DEPARTMENT OF COMMERCE
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`Under the Pa rwork Reduction Act oi 1995. no persons are re uired to raspnna to a collection at Intormeuon unless il dis a 5 E valid OMB control nqinaop
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`STATEMENT UNDER 37 CFR 3.73{b)
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`Filed/Issue Date: 7/18/2005
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`Application No./Patent No.1
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`ll/“$31463
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`Eniiited, High Deposition Rate Sputtering
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`Zfmd, THC‘
`(Name at Aaeignee)
`states that it is:
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`va
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`1. E the assignee of the entire right, title. and interest; or
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`2. D an assignoe of less than the entire right title and interest‘
`The extent (by percentage) of its ownership interest is —————_—— %
`In the patent application/patent identified above by virtue of either:
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` ADDlicant/Patentowner; Zondjyc.
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`corporation
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`(Type °!AwE“&4 e.g,. corporation, partnership, Ll-‘\it.'er'3i(y, gummment agency, 3:5,)
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`A. M An assignment from the i’nventor(s) oi the patent application/patent identified above. The assignment was recorded
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`in the United States Patent and Trademark Office at Real __ Q1 Q2211 , Frame ()S44_, or for which a copy that-ear is
`attached.
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`OR
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` 1. From: To:
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`B,
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`[
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`] A chain of title from the inventor(s), of the patent application/patent identified above, to the current asslgnee as shown
`beiow:
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`The document was recorded in the United States Patent and Trademark Office at
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`Reel
`, Frame
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`2‘ From:
`To:
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`The document was recorded in the United States Patent and Trademark Office at
`Reel
`, Frame
`____, or for which a copy thereof is attached.
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`_.___:j:
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`To:
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`3, From:
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`The document was recorded in the United States Patent and Trademark Office at
`Reel
`_ Frame
`, or for which a copy thereof is attached,
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`[
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`1 Additional documents in the chain oftitie are listed on a supplemental sheet.
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`{
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`] Copies of assignments or other documents in the chain of title are attached,
`{NOTE: A separate copy (/16., the original assignment document or a true copy of the original document)
`must be submitted to Assignment Division in accordance with 37 CFR Part 3, if the assignment is to be
`recorded in the records of the USPTO. _S_eg MPEP 302.08]
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`The undersigned (whose title is 5 ppiied below) IS authorized to act on behalf of the assignee.
`05750 7&2» 4
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`Dale
`25 i e~X.?60
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`Signature
`Telephone number
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`President
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`Ityou i>CGd assistance in comp/el/ng the form, call 1-300—PTO«9799 and select option 2,