EXHIBIT 1003
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`RESTRICTION REQUIREMENT ISSUED ON MAY 6, 2005
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`Infopia Ex. 1003 pg. 1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Tndemurk Office
`Adams: COMMISSIONER FOR PATENTS
`7.0.3011 1450 ,
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`Alexandria, Virglnmmll-MSO
`www.mgov
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`_APPLICATIONNO. —F[L[NGDATE —FIRSTNAMED IN VEN [0R
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`10/329,044
`12/23/2002
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`Sunil G. Anaokar
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`-ATTORNEYDOCKET 010. _CONFIRMATIONNo.
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`01726-000KG)
`7458
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`MAGINOT, MOORE & BECK
`BANK ONE CENTER/TOWER
`1111 MONUMENT CIRCLE
`INDIANAPOLIS, IN 46204
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`GI'IOMER, RALPH]
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`“PF-R NUMBER
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`1651
`DATE MAILED: 05/06/2005
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PTO-90C (Rev. 10/03)
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`lnfopia Ex. 1003 pg. 2
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`10/329,044
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`ANAOKAR ET AL
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`Examiner
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`Ralph Gitomer
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`Art Unit
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`1651 -
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`'
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 1 MONTH(S) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`afler SIX (6) MONTHS from the mailing date of this communication.
`if the period for reply specified aboveIs less than thirty (30) days, a replywithin the statutory minimum of thirty (30) days will be considered timely.
`if NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`Failure to reply within the set or extended period for reply will. by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months alter the mailing date of this communication. even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`In no event, however, may a reply be timely filed
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`Status
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`1)IZI Responsive to communication(s) filed on 23 December 2002.
`2a)I:I This action is FINAL.
`2b)IZ This action is non-final.
`3):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims
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`l
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`4)IZ Ciaim(s) LA) is/are pending in the application.
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`43) Of the above Ciaim(s) _ is/are withdrawn from consideration.
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`5)I:I Ciaim(s) __ is/are allowed.
`6)I:l Ciaim(s) __ is/are rejected.
`7)E| Ciaim(s) __ is/are objected to.
`8)E Ciaim(s) 120 are subject to restriction and/or election requirement.
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`Application Papers
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`9)I:I The specification is objected to by the Examiner.
`10)E] The drawing(s) filed on
`is/are: a)E] accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR1.85(a).
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`Replacement drawing sheei(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
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`11)i:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)|3 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)|:l All
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`b)EI Some * c)I:I None of:
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`11:] Certified copies of the priority documents have been received.
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`21:] Certified copies of the priority documents have been received in Application No. _
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`31:] Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the intemationai Bureau (PCT Rule 17.2(a)).
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`" See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) CI Notice of References Cited (PTO-892)
`2) E] Notice of Drafisperson'5 Patent Drawing Review (PTO-948)
`3) El Information Disclosure Statement(s) (Pr01449 or PTO/SBIOS)
`Paper No(s)/Maii Date
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`
`.
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`4) I] interview Summary (PTO-413)
`Paper N0(S)/Ma1i Date.
`5) E1 Notice of informal Patent Application (PTCHSZ)
`6) I] Oth‘er:
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`U.S. Palent and Trademark O
`PTOL~326 (Rev. 1-04)
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`7
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`Office Action Summary
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`' Date 20§0506
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`Application/Control Number: 10/329,044
`Art Unit: 1651
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`Page 2
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`Restriction to one of the following inventions is required under 35 U.S.C. 121:
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`I.
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`Claims 1-7, drawn to an apparatus with layers, classified~ in class 422,
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`subclass 60.
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`ll.
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`Claims 8-20, drawn to a method of determining HDL concentration,
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`classified in class 435, subclass 11.
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`The inventions are distinct, each from the other because:
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`inventions land II are related as process and apparatus for its practice. The
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`inventions are distinct if it can be shown that either: (1) the process as claimed can be
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`practiced by another materially different apparatus or by hand, or (2) the apparatus as
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`Claimed can be used to practice another and materially different process.
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`(MPEP §
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`806.05(e)).
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`In this case the method could be practiced without the apparatus with
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`standard laboratory procedures and wet chemistry equipment.
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`Because these inventions are distinct for the reasons given above and have
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`acquired a separate status in the art as shown by their different classification. restriction
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`for examination purposes as indicated is proper.
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`. Applicant is advised that the reply to this requirement to be complete must
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`include an election of the inVention to be examined even though the requirement be
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`traversed (37 CFR 1.143).
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`Infopia Ex. 1003 pg. 4
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`Application/Control Number: 10/329,044
`Art Unit: 1651
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`Page 3
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`Applicant is reminded that upon the cancellation of claims to a non-elected
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`invention, the inventorship must be amended in compliance with 37 CFR 1.48(b) if one
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`or more of the currently named inventors is no longer an inventor of at least one claim
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`remaining in the application. Any amendment of inventorship must be accompanied by
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`a request under 37 CFR 1.48(b) and by the fee required under 37 CFR1.17(i).
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Ralph Gitomer whose telephone number is (571) 272-
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`0916. The examiner can normally be reached on Monday - Friday.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Michael Wityshyn can be reached on (571) 272-0926. The fax phone
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`number for the organization where this appliCation or proceeding is assigned is 703-
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`872-9306.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. 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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`[W
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`Ralph Gitomer
`Primary Examiner
`Art Unit 1651
`RALPH GITOMER
`PRIMARY EXAMEFJE
`GPOiIO 1711i)
`InfopiaEx.'1003 pg. 5
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