Attorney Docket No.: ZON-001
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICANT:
`
`Roman Chistyakov
`
`SERIAL NO.:
`
`10/065,277
`
`GROUP NO.:
`
`1753
`
`FILING DATE:
`
`September 30, 2002
`
`EXAMINER:
`
`McDonald, Rodney G.
`
`TITLE:
`
`HIGH-POWER PULSED MAGNETRON SPUTTERING
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, Virginia 223 13- 1450
`
`Sir:
`
`RESPONSE
`
`The following remarks are responsive to the Office Action mailed on July 18, 2006 in the
`
`above-identified patent application. Entry and consideration of the following amendments and
`
`remarks, and allowance of the claims, as presented, are respectfully requested.
`
`Remarks are on page 2 of this paper.
`
`-1-
`
`INTEL 1414
`
`INTEL 1414
`
`

`

`Amendment and Response
`Applicant: Chistyakov
`Serial No: 10/065,277
`Page 2 0f 3
`
`Pending Claims
`
`Claims 1-50 are currently pending.
`
`Allowable Subject Matter
`
`REMARKS
`
`The Applicant acknowledges with appreciation the statement made on page 4 in the
`
`Office Action dated July 18, 2006 that the Applicant’s arguments filed on May 2, 2006 are
`
`deemed persuasive.
`
`Information Disclosure Statements
`
`The Applicant requests that the Information Disclosure Statements filed on May 11,
`
`2004, December 12, 2003, and June 12, 2003 be reviewed and acknowledged by the Examiner.
`
`Provisional Non-Statutory Obviousness—Type Double Patenting Rejection
`
`The Applicant is submitting herewith a Terminal Disclaimer to Obviate a Provisional
`
`Double Patenting Rejection Over a Pending Second Application in compliance with 37 C.F.R.
`
`1.321. The Terminal Disclaimer was signed by the President of Zond, Inc., who is also the sole
`
`inventor of the present application. The Applicant is also submitting a Statement Under 37 CFR
`
`3.73(b) which states that Zond, Inc. is the assignee of the entire right, title, and interest of the
`
`pending second application. An Assignment assigning the entire right, title, and interest in the
`
`present application (Serial Number 10/065,277) to Zond, Inc. was recorded at Reel 013351,
`
`Frame 0573.
`
`The Applicant believes that the submitted Terminal Disclaimer overcomes the
`
`Provisional Double Patenting Rejection and, therefore, claims 1-50 are allowable.
`
`CONCLUSION
`
`Claims 1-50 are pending. A Terminal Disclaimer has been submitted to overcome the
`
`Provisional Double Patenting Rejection. The Applicant submits that claims 1-50 are
`
`allowable and respectfully request an allowance of all pending claims.
`
`

`

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

`

`PTOlSB/ZE (35-03)
`Approved tor UEB lhmugn 07/31/2006. OMB 0651-0031
`US. Patent and Trademark Ott'ce; US. DEPARTMENT OF COMMERCE
`Under the Paerwprk Reduction Actot1995 no persons are r- ulred to res-ond to a collection 0! information unless it dis. av: a valid OMB control number.
`
`
`TERMINAL DISCLAIMER T0 OBVIATE A PROVISIONAL DOUBLE PATENTING DocketNumber (Oonnall
`REJECTION OVER A PENDING 3ECOND APPLICATION
`
`
`in ,3 Application of; Roman Citistyakov
`Application No.2 10/065,277
`
`
`Filed: 9/30/2002
`
`
`
`
`
`
`
`
`For: High—Power Pulsed Magnctmn Sputtering
`
`The owner”. Zond, Inc.
`, oi “)0 percent interest in the instant application hereby disclaims. except as
`
`provided below. the terminal part of the statutory term of any patent grant9d 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
`
`
`disclaimer tiled
`rior to the grant of any patent granted on pending second Application Number 11/183.463
`..
`filed on July 1g. 2005 .cif any patent on the pending second application. The miner hereby agrees that any patent so
`
`
`granted on the instant application shall be enforceable only for and during such period that it and any patent granted on the
`
`
`
`
`semnd application are commonly owned This agreement runs with any palont granted on the instant application and is
`binding upon the grantee. its successors or assigns.
`
`
`in making the above disclaimer. the owner does not disclaim the terminal part of any patent granted on the instant
`
`
`application that wpuld extend to the expiration date of the full statutory term as defined in 35 U.S.C. 154 and 173 of any
`
`
`patent granted on the second application. as shortened by any terminal disclaimer filed prior to the patent grant,
`in the
`
`
`event that any such granted patent: expires for failure to pay a maintenance ice. is held unenforceable. is found invalid by
`
`
`a court of competent iunsdi’ction,
`l5 statutorily dlsclalmed in whole or terminally dlsalaimed under 37 CFR 1.321. has all
`
`
`claims canceled by a reexamination certificate, is rei55ued. 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.
`
` Check either box 1 or 2 below, if appropriate.
`
`1
`For Submissions on behalf at an organization (c.g., corporation. partnership, university, government agency
`etc), the undersigned IS empowered to act on behalf otthe organization.
`
`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 of Title 18 of
`the United States Code and that such wiltful false statements may jeopardize the validity of the application or any patent
`issued thereon.
`
`
`
`
`
`
` 1 l: The undersigned is an attorney pr agent or record.
`
`
`
`
`
`
`Terminal disclaimer {99 under37 CFR 1.20td) is included.
`
`Signature
`
`
` Remap Chistyakov
`Typed or printed name
`
`
` (508) 261-8800W
`Telephone Number
`
`
`
`
`
`
`
`
`Form PTO/Saws may be used for making this statement. See MPEP § 324.
`
`This collection of Information is reqwrcd by 37 CFR 1.321. The information i3 mquirad to obtain or retain a benefit by the public which in to tile (and by the USPTO
`to process) an application COnlldchlJalily is governed by 35 U.5.t:t 122 and 37 CFR 1.1-1. Thla collectlon is estimated to take 12 mtnines to completo. including
`gathering. preparhg. and submitting the completed application term to the USPTO. Time Mil vary depending upon this individual case. Any comments on 019
`amount at time you require to complete this term and/or suggestions [or reducing this burden, should be sanl lo the Chief intonation 0mm" US. Patent and
`Trademark Office, US. Department oi Commerce. PO. Box 1450, Armandrta. VA 22313-1450. DO NOT SEND FEES DR COMDLETED FORMS TO THtS
`ADDRESS. SEND 101Cornmtssinnertar Patents. P.O. Box “50, Alexandria. VA 12313-1450.
`it you need assistance in completing the form. ceii t-fiOO-PTO-BISS and select option 2.
`
`WARNlNG: informatlon 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_
`
`‘Slatement under 37 CW? 37303) is required if termtnal disclaimer is signed by the assignee (owner).
`
`

`

`PTO/SB/DG (084:3)
`Aaprovw Ior 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 Liired to respond to a collection at Intormeuon unless ii dis- a a a weird OMB control mmagi.
`
`Under the Pa- rworit Reducii
`
`
`
`STATEMENT UNDER 37 CFR 3.73“)!
`
`
`
`
`
`
`
`
`
`Applicant/Patent Owner: ZODdzlPC-
`
`11/183,463
`
`Application No./Patent No.:
`
`
`Filed/Issue Date: 7/18/2005
`
`Entitled: High Deposition Rate Sputtering
`
`Zond, inc;
`,a
`corporation
`“M
`
`(Name at Aaeignae)
`(Type otAaaigheei e.g,. coruoraiion, partnership, university, guvumnwni agency, 3:5,)
`states that it is:
`
`1. E the assignee of the entire right, title. and interest; or
`
`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:
`
`A. M An assignment from the inventor(s) oi the patent application/patent identified above, The assignment was recorded
`
`in the United States Patent and Trademark Office at Real " [21 $224 , Frame ()544_, or for whlch a copy thereof is
`attached
`
`
`OR
`
`
`
`
`] A chain of title from the inventor(s), of the patent application/patent identified abcwe, to the current assignee as shown
`below:
`
` 1. From:—-————-—__ To:
`
`B.
`
`[
`
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`. Frame
`, or for which a copy thereof is attached.
`
`2‘ From:
`To:
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`, Frame
`_~_, or for which a copy thereof is attached.
`
`3‘ From:
`W
`To:
`
`
`The document was recorded in the United States Patent and Trademark Office at
`Reel
`, Frame
`, or for which a copy thereof is attached
`
`[
`
`] Additional documents in the chain ottitie are listed on a supplemental sheet
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`{
`
`] 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]
`
`
`
`The undersigned (whose title Is 5 ppiied below) is authorized to act on behalf of the asSignee.
`0550 74:2 4
`,
`,
`
`
`
`Date
`frog? — 26/183780
`
`
`2
`Signature
`Telephone number
`
`
`
`
`President
`
`
`This collection oflnrorinailon is required by 37 CPR 3.730;), The inromwuon I5 FCQUircd to obtain or rBKEIn a benefit by the pubilc wnIcn 13 19 m3 (and by the,
`USPTO to prune) an application. Confidentiality Is governed by 35 use. 122 end 37 CFR 1.1a. Tm; wiioction Ie awn-mien to take 12 mum” to complclo.
`Infludlng galhemg. preparing, and submitting the oumpialed eppilcetlon form (0 the USPTO. Time will vary depending upon the inivlouai case. Any commenle
`on the amount of time you require to complete this form end/or suggestions tar reducing this burden, shouia he saw to the Chlat infcn‘riaildn Officer. U S Patent
`and Trademark Office. U.S. Department ofCommercc‘ 9.0. Box 1450. Alexandria, VA 22313-11150. 00 NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS SEND To; Commissioner for Patentsi P.0. Box1450.Alexandria,VA 22313-1450.
`
`It you i>COd assrstanca in comp/sling the form, call 1-800—PTO«9799 and select option 2,
`
`