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`Notice of Allowability
`
`Application No.
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`11/399,879
`Examiner
`
`Applicant(s)
`
`WENT ET AL.
`Art Unit
`
`KENDRA D. CARTER
`
`1627
`
`-- 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.
`
`1. IX This communication is responsive to 21 September 2011 (interview).
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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. IZI The allowed claim(s) is/are 12,23,24,28,29,50,51,53,5560,62,66,67,69-72 and 74-110 (renumbered 1-58),.
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`4. I] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`
`a) D All
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`b) [I Some*
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`c) [I None
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`of the:
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`1. El Certified copies of the priority documents have been received.
`
`2. I] Certified copies of the priority documents have been received in Application No.
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`.
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`3. El 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.
`
`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.
`
`6. El CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) I] including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`1) El hereto or 2) [I to Paper No./Mai| Date
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`.
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`(b) I] including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./Mai| 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).
`
`7. El 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.
`
`Attachment(s)
`1. I] Notice of References Cited (PTO-892)
`
`2. I] Notice of Draftperson‘s Patent Drawing Review (PTO-948)
`
`3. I] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`4. I] Examiner‘s Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application
`
`6. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`.
`7. El Examiner‘s Amendment/Comment
`
`8. [Z Examiner‘s Statement of Reasons for Allowance
`
`9. El Other
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`US. Patent and Trademark Office
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`PTOL-37 (Rev. 03-11)
`
`Notice of Allowability
`
`Part of Paper No./Mai| Date 20110923
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`IPR2015—00410
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`Petitioners' EX. 1029
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`Page 1
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`IPR2015-00410
`Petitioners' Ex. 1029
`Page 1
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`

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`Application/Control Number: 11/399,879
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`Page 2
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`Art Unit: 1627
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`DETAILED ACTION
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`The interview summary with Paper No./Mail Date 20110922 serves as
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`Applicant’s response to the Final rejection filed August 3, 2011.
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`EXAMINER’S STATEMENT OF REASONS FOR ALLOWANCE
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`After further consideration after a patentability conference with Jean Witz and
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`Sreeni Padmanabhan the unexpected results presented by the Applicant during the
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`course of examination overcomes the rejection of record. Thus, clams 12, 23, 24, 28,
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`29, 50, 51, 53, 55-60, 62, 66, 67, 69-72 and 74-110 are allowed and renumbered to
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`claims 1-58.
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`Since the provisional nonstatutory obviousness-type double patenting rejection is
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`over a later filed application, the rejection is withdrawn. Additionally, due to the
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`unexpected results filed by the Applicant during the course of examination and further
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`consideration, the previous 35 U.S.C. 103(a) rejection is also withdrawn.
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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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`IPR2015—00410
`
`Petitioners' EX. 1029
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`Page 2
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`IPR2015-00410
`Petitioners' Ex. 1029
`Page 2
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`

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`Application/Control Number: 11/399,879
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`Page 3
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`Art Unit: 1627
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Kendra D. Carter whose telephone number is (571) 272-
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`9034. The examiner can normally be reached on 8:30 am - 5:00 pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Sreeni Padmanabhan can be reached on (571) 272-0629. The fax phone
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`number for the organization where this application or proceeding is assigned is 571-
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`273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval
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`(PAIR)
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`system.
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`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 (toll-free).
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`KENDRA D CARTER
`
`Examiner, Art Unit 1627
`
`/SREENI PADMANABHAN/
`
`Supervisory Patent Examiner, Art Unit 1627
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`IPR2015—00410
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`Petitioners' EX. 1029
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`Page 3
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`IPR2015-00410
`Petitioners' Ex. 1029
`Page 3
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