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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`PO. Box 1450
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`Alexandria, Virginia 223 13- 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 1214
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`GILLETTE 1214
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`Amendment and Response
`Applicant: Chistyakov
`Serial No: 10/065,277
`Page 2 0f 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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`

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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 Examiner’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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`PTOlSB/ZE (35-03)
`Approved tor use through 07/31/2006. OMB 0651-0031
`US. Peter“ and Trademark ort'ce; US. DEPARTMENT OF COMMERCE
`Under the Paelwork Reduction Actot1995 no ocrsons are r- ulred to lea-nod to a collection 0! information unless it dis. av: a valid OMB control number.
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`TERMINAL DISCLAIMER T0 OBVIATE A PROVISIONAL DOUBLE PATENTING DocketNumbor (Oonnall
`REJECTION OVER A PENDING 3ECOND APPLICATION
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`in ,3 Application of; Roman Citistyakov
`Application No.2 10/065,277
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`Filed: 9/30/2002
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`For: High—Power Pulsed Magnctmn Sputtering
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`The owner”. 20nd! Inc‘
`, of 100 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
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`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 11/183.463
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`filed on July 1g. 2005 .cif any patent on the pending second application. The minor hereby agrees that any patent 30
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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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`semnd 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 of any patent granted on the instant
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`application that w0uld 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. as shortened by any terminal disclaimer filed prior to the patent grant,
`in the
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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 jurisdiction,
`l5 statutorily disclaimed in whole or termlneliy disalaimed under 37 CFR 1321‘ has all
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`claims canceled by a reexamination certificate, is reissued. or is in any manner terminated prior to the expiration at its full
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`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 (c.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 those 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 of Title 18 of
`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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` 1 l: The undersigned is an attorney 0r agent or record.
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`Terminal disclaimer {99 under37 CFR 1.20id) is included.
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`Signature
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` ROman Chistyakov
`Typed or printed name
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` (508) 261-8800W
`Telephone Number
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`Form PTO/SBI96 may be used for making this statement. See MPEP § 324.
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`This collection of information is recurred by 37 CFR 1.321. The information 53 required to obtain or retain a benefit by the public which in to file (and by the USPTO
`to process) on application Conttdcntiatity is governed by 35 U.5.C. 122 and 37 CFR 1.1-1. Thla collection is estimated to take 12 mtnines to complain. including
`gathering preparhg. and submitting lho completed applicaiion term to the USPTO. Time Mil vary depending upon the individual case. Any comments on 019
`amount at time you require to complete this term end/or suggestions [or reducing this burden, should be 5onl lo the Chief intonation 0mm" US. Patent and
`Trademark Office, US. Department ol Commerce. PO. Box 1450, Armandrta. VA 22313-1450. DO NOT SEND FEES DR COMOLETED FORMS TO THiS
`ADDRESS. SEND TO: Cornmlssinnerfor Patflnlh. P.O. Box “50, Alexandria. VA 12313-1450.
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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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`‘Slatement under 37 CW? 37303) is required if terrninal disclaimer is signed by the assignee (owner).
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`PTO/SB/DG (084:3)
`Aaprovw lor use through 07/31I2006. OMS 0851-0031
`U.S. Patent and Trademark Office; U.$. DEPARTMENT OF COMMERCE
`on Ac: oi 1995. no persons are m uired to respond to a collection at lntormeuon unless ii dis- a a a valid OMB control mmagr.
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`Under the Pa I mark Reducil
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`STATEMENT UNDER 37 CFR 3.73“)!
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`Applicant/Patent Owner: ZODdzlPC-
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`11/183,463
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`Application No./Patent No.:
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`Filed/Issue Date: 7/18/2005
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`Entitled: High Deposition Rate Sputtering
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`Zond, inc;
`,a
`corporation
`“M
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`(Name at Aaelgnae)
`(’l'ype otAaalgnee e.g,. corporaiion, partnership, universlry, guwmment agency, 3:5,)
`states that it is:
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`1. E the assignee of the entire right, title. and interest; or
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`2. D an assign 56 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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`A- M A" asslgnment from the lnventor(s) ol the patent application/patent identified above, The assignment was recorded
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`in the United States Patent and Trademark Office at Real " {21 $224 , Frame ()S44_, or for whlch a copy thereor is
`attached
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`OR
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`] A chain of title from the inventor(s), of the patent application/patent identified abcwe, to the current assignee as shown
`below:
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` 1. From: —-—————-—__ To:
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`B.
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`[
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`The document was recorded in the United States Patent and Trademark Office at
`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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`3‘ From:
`W
`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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`[
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`] Additional documents in the chain of title 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 (i.6., 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. & MPEP 302.08]
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`The undersigned (whose title Is 5 pplied below) is authorized to act on behalf of the asSignee.
`0550 74:2 4
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`Date
`frog? — 26/183780
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`2
`Signature
`Telephone number
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`President
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`This collection oflnronnaiion a; required by 37 CPR 3.730;), The Into'maL'on I5 maulrcd to obtain or retaln a benefit by the publlc which is to m3 (and by the.
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`|n=ludlng galhemg. preparing, and submitting the comiated appllcetlon form to the USPTO. Time will vary depending upon the inivloual case. Any commenla
`on the amount of time you require to complete this form BflU/or suggestions tar reducing this burden, should he saw to the Chlat informallun Officer. U S Patent
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`ADDRESS SEND To; Commissioner for Patentsi P.0. Box1450.Alexandria,VA 22313-1450.
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