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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Art Unit : 1613
`Applicant : James S. Baldassarre et al. (cid:9)
`Examiner : Ernst V. Arnold
`Serial No. : 12/821,020 (cid:9)
`: June 22, 2010 (cid:9)
`Filed (cid:9)
`Conf. No. : 3179
`Title (cid:9)
`: Methods of Reducing the Risk of Occurrence of Pulmonary Edema in Children in
`Need of Treatment with Inhaled Nitric Oxide
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`SUPPLEMENTAL REMARKS
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`This application has been granted special status under the prioritized examination
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`(Track 1) program. An Office action was mailed January 31, 2012, setting a three-month
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`deadline for response of April 30, 2012. As indicated in the Interview Summary mailed by the
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`Office on April 24, 2012, the Examiner spoke by telephone with an assistant of the undersigned
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`on April 20, 2012, stating that the Office action would be replaced with a new Office action.
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`This message was confirmed by the Examiner in a telephone conference with the undersigned on
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`April 23, 2012. In addition, the transaction history for this application on PAIR has two entries
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`dated April 24, 2012: "Mail Notice of Withdrawn Action" and "Withdrawing/Vacating Office
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`Action Letter." Applicants thus assume that there is no longer a pending deadline for response,
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`and there will be no deadline for response until the new Office action is mailed and thereby
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`resets a new deadline.
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`Applicants filed a Supplemental Amendment on April 30, 2012, with amendments
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`intended to address potential issues under 35 U.S.C.§ 101 described by SPE Marjorie Moran in a
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`telephone conference with the undersigned on April 30, 2012. The amendments are based on
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`SPE Moran's helpful suggestions, so presumably fully address the potential issues described by
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`her as arising under § 101. Applicants ask that the Supplemental Amendment be entered and
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`considered prior to preparation of a new Office action.
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`As noted on page 10 of the Supplemental Amendment, applicants request that SPE Brian
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`Kwon and QAS Julie Burke continue to participate actively in the prosecution of this application
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`as a panel with Examiner Arnold. Applicants gratefully note that their perspective on the case
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`has been very helpful to date in moving the case forward.
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`IKARIA EXHIBIT 2001
`Praxair v. INO Therapeutics
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