`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`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
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKET NO.
`
`CONFIRMATION NO.
`
`14/523, 104
`
`10/24/2014
`
`Benjamin McCloskey
`
`P201384.US.05
`
`3190
`
`DORSEY & WHTTNEY, LP - Denver Do
`DO! "DenvePoEXAMINERHM
`
`
`INTELLECTUAL PROPERTY DEPARTMENT
`COTEY, PHILIP L
`1400 Wewatta Street
`Suite 400
`DENVER, CO 80202-5549
`
`ART UNIT
`os
`
`PAPER NUMBER
`
`NOTIFICATION DATT:
`
`DELIVERY MODT:
`
`05/14/2015
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`docketing-dv @ dorsey.com
`docketingDV @dorsey.foundationip.com
`
`PTOL-90A (Rev. 04/07)
`
`PAGE 1 OF 3
`
`WATERS TECHNOLOGIES CORPORATION
`
`EXHIBIT 1006
`
`WATERS TECHNOLOGIES CORPORATION
`EXHIBIT 1006
`
`PAGE 1 OF 3
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`
`
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`Application No.
`Applicant(s)
`
`.
`_
`.
`Applicant-Initiated Interview Summary
`
`14/523,104
`MCCLOSKEY ETAL.
`
`Examiner
`Art Unit
`
` U.S. Patent and Trademark Office
`
`
`
`
`
`PHILIP COTEY
`
`2855
`
`All participants (applicant, applicant’s representative, PTO personnel):
`
`(1) PHILIP COTEY.
`
`(2) SPE LISA CAPUTO.
`
`Date of Interview: 07 May 2015.
`
`(3)DR. CRAIG WEINBERG.
`
`(4) BRAD HATTENBACH(Reg. No. 42,642).
`
`Type:
`
`[1 Video Conference
`Bd Teleohonic
`L_] Personal [copy given to: [] applicant
`
`[J applicant’s representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`[[] Yes
`
`x] No.
`
`[101 [112 lio2 (103 Ljothers
`Issues Discussed
`(For cach of the checked box(es) above, please describe belowthe issue and detailed description of the discussion)
`
`Claim(s) discussed: 7.
`
`Identification of prior art discussed: Pickard (US 4,682,491).
`
`Substanceof Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification ofa
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied referencesetc...)
`
`We discussed the 102 rejection of claim 1. Specifically the discussion centered around the term "accelerated"in the
`preamble of claim 1 and touched on possible amending lanquage and thoughts on new matter.While the discussion
`seemed productive no specific agreement was reached. .
`
`Applicant recordation instructions: The formal written reply to the last Office action must include the substance of the interview. (See MPEP
`section 713.04). If a reply to the last Office action has already beenfiled, applicant is given a non-extendable period of the longer of one month or
`thirty days from this interview date, or the mailing date of this interview summary form, whicheveris later, to file a statement of the substance of the
`interview
`
`Examinerrecordation instructions: Examiners must summarize the substanceof any interview of record. A complete and proper recordation of
`the substanceof an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argumentor issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`generalresults or outcome of the interview, to include an indication as to whether or not agreement was reached onthe issues raised.
`
`1 Attachment
`/PHILIP COTEY/
`/LISA CAPUTO/
`Examiner, Art Unit 2855
`Supervisory Patent Examiner, Art Unit 2855
`
`PTOL-413 (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20150507
`
`PAGE 2 OF 3
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`PAGE 2 OF 3
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`
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`Manualof Patent Examining Procedure (MPEP), Section 713.04, Substanceof Interview Must be Made of Record
`A complete written statement as to the substance of any face-to-face, video conference,or telephoneinterview with regard to an application must be made of record in the
`application whether or not an agreement with the examiner was reachedat theinterview.
`
`Summaryof Record of Interview Requirements
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`Paragraph (b)
`
`In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
`warranting favorable action mustbe filed by the applicant. An interview does not remove the necessity for reply to Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
`
`37 CFR §1.2 Businessto be transacted in writing.
`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`anyalleged oral promise,stipulation, or understandingin relation to which there is disagreement or doubt.
`
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record isitself
`incomplete through the failure to record the substanceofinterviews.
`It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
`the examiner indicates he or she will do so.
`It is the examiner's responsibility to see that such a record is made and to correct material inaccuracies
`which beardirectly on the question of patentability.
`
`Examiners must complete an Interview Summary Form for eachinterview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes andfilling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure,or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`
`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion ofthefile, and listed on the
`“Contents” section of the file wrapper.
`In a personalinterview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview.
`In the case of a telephone or video-conferenceinterview, the copy is mailed to the applicant's correspondence address
`either with or prior to the nextofficial communication. If additional correspondence from the examineris not likely before an allowanceorif other
`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`— Application Number (Series Code and Serial Number)
`—Name of applicant
`—Name of examiner
`— Dateof interview
`— Typeof interview (telephonic, video-conference, or personal)
`—Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`— An indication whetheror not an exhibit was shown or a demonstration conducted
`— Anidentification of the specific prior art discussed
`—
` Anindication whether an agreement was reached andif so, a description of the general nature of the agreement (may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreementas to allowability is tentative and does
`not restrict further action by the examinerto the contrary.
`—The signature of the examiner who conductedtheinterview (if Form is not an attachmentto a signed Office action)
`
`Itis desirable that the examiner orally remind the applicant of his or her obligation to record the substanceof the interview of each case. It
`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
`unlessit includes, or is supplemented by the applicant or the examinerto include, all of the applicable items required below concerning the
`substanceoftheinterview.
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(Theidentification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the argumentsis not
`required. The identification of the argumentsis sufficient if the general nature or thrust of the principal arguments made to the
`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize andfully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a generalindication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcomeofthe interview unless already describedin the Interview Summary Form completed by
`the examiner.
`Examiners are expected to carefully review the applicant's record of the substanceof an interview.
`accurate, the examinerwill give the applicant an extendable one month time period to correct the record.
`
`If the record is not complete and
`
`Examiner to Check for Accuracy
`
`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner's version of the
`statementattributed ta him or her.
`If the record is complete and accurate, the examiner should place the indication, “Interview Record OK” on the
`paper recording the substanceof the interview along with the date and the examiner'sinitials.
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`PAGE 3 OF 3
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`PAGE 3 OF 3
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