`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
`
`14/451,057
`
`08/04/2014
`
`James S. Baldassarre
`
`26047—0003010
`
`3906
`
`Fish & Richardson PC (IKARIA INC.)
`P.O.BoX 1022
`
`minneapolis, MN 55440
`
`ARNOLD’ ERNST V
`
`ART UNIT
`
`1613
`
`MAIL DATE
`
`12/ 16/2015
`
`PAPER NUIVIBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL.90A (Rev. 04,07)
`
`001
`
`PRAXAIR ET AL. 1020
`
`001
`
`
`
`.
`Notice of Abandonment
`
`1441
`Ex:m?in’;5
`
`7
`
`BALDA ARRE AME
`Artunitss
`’J
`
`S S
`
`.
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`
`ERNST v. ARNOLD
`
`1613
`
`This application is abandoned in view of:
`
`1. IXI Applicant’s failure to timely file a proper reply to the Office letter mailed on 07 May 2015.
`(a) I] A reply was received on
`(with a Certificate of Mailing or Transmission dated
`period for reply (including a total extension of time of
`month(s)) which expired on
`
`), which is after the expiration of the
`
`, but it does not constitute a proper reply under 37 CFR 1.113 to the final rejection.
`(b) I] A proposed reply was received on
`(A proper reply under 37 CFR 1.113 to a final rejection consists only of: (1) a timely filed amendment which places the
`application in condition for allowance; (2) a timely filed Notice of Appeal (with appeal fee); or (3) if this is utility or plant
`application, a timely filed Request for Continued Examination (RCE) in compliance with 37 CFR 1.114. Note that RCEs are not
`permitted in design applications.)
`
`but it does not constitute a proper reply, or a bona fide attempt at a proper reply, to the non-
`(c) I:I A reply was received on
`final rejection. See 37 CFR 1.85(a) and 1.111. (See explanation in box 7 below).
`
`(d) IX No reply has been received.
`
`2. El Applicant’s failure to timely pay the required issue fee and publication fee, if applicable, within the statutory period of three months
`from the mailing date of the Notice of Allowance (PTOL—85).
`
`(with a Certificate of Mailing or Transmission dated
`(a) El The issue fee and publication fee, if applicable, was received on
`), which is after the expiration of the statutory period for payment of the issue fee (and publication fee) set in the Notice of
`Allowance (PTOL—85).
`
`is due.
`is insufficient. A balance of $
`(b) I:I The submitted fee of $
`The issue fee required by 37 CFR 1.18 is $
`. The publication fee, if required by 37 CFR 1.18(d), is $
`(c) I:I The issue fee and publication fee, if applicable, has not been received.
`
`3.|:I Applicant’s failure to timely file corrected drawings as required by, and within the three-month period set in, the Notice of
`Allowability (PTO—37).
`
`(a) I] Proposed corrected drawings were received on
`after the expiration of the period for reply.
`
`(b) I] No corrected drawings have been received.
`
`j
`
`(with a Certificate of Mailing or Transmission dated
`
`j)
`
`, which is
`
`4. I:I The letter of express abandonment which is signed by the attorney or agent of record or other party authorized under 37 CFR
`1.33(b). See 37 CFR1.138(b).
`
`5. E] The letter of express abandonment which is signed by an attorney or agent (acting in a representative capacity under 37 CFR
`1.34) upon the filing of a continuing application.
`
`6. I:| The decision by the Board of Patent Appeals and Interference rendered on
`of the decision has expired and there are no allowed claims.
`
`and because the period for seeking court review
`
`7. IXI The reason(s) below:
`
`The six month statutory period of reply has expired with no reply from Applicant.
`
`/ERNST V ARNOLD/
`
`Primary Examiner, Art Unit 1613
`
`Petitions to revive under 37 CFR 1.137, or requests to withdraw the holding of abandonment under 37 CFR 1.181, should be promptly filed to minimize
`an neative effects on atent term.
`U.S. Patent and Trademark Office
`
`PTOL-1432 (Rev. 07-14)
`
`Notice of Abandonment
`002
`
`Part of Paper No. 20151214
`
`002