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`Attorney Docket No. 44854-701.308
`PATENT
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`Inventor:
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`BANYAI, William
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`Group Art Unit:
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`1639
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`Serial Number:
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`15/602,991
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`Examiner:
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`Zhang, Kaijiang
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`Filing or 371 (c) Date:
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`2017-05-23
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`CONFIRMATION NO:
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`5477
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`Title:
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`(Track 1) DE NOVO
`SYNTHESIZED GENE
`LIBRARIES
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`FILED ELECTRONICALLY ON: December 19, 2018
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`Commissioner for Patents
`PO. Box 1450
`Alexandria VA 22313-1450
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`INFORMATION DISCLOSURE STATEMENT
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`UNDER 37 CFR§ 1.97
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`Commissioner for Patents:
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`An Information Disclosure Statement along with attached PTO/SB/08 is hereby submitted. A
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`copy of each listed publication is submitted, if required, pursuant to 37 CFR §§1.97-1.98, as indicated
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`below.
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`The Examiner is requested to review the information provided and to make the information of
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`record in the above-identified application. The Examiner is further requested to initial and return the
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`attached PTO/SB/08 in accordance with MPEP § 609.
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`The right to establish the patentability of the claimed invention over any of the information
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`provided herewith, and/or to prove that this information may not be prior art, and/or to prove that this
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`information may not be enabling for the teachings purportedly offered, is hereby reserved.
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`This statement is not intended to represent that a search has been made or that the information
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`cited in the statement is, or is considered to be, prior art or material to patentability as defined in § 1.56.
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`Attorney Docket No. 44854-701308
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`A.
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`IXI 37 CFR § 1.97 (b). This Information Disclosure Statement should be considered by the Office
`because:
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`El
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`(1)
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`It is being filed within 3 months of the filing date of a national application and is
`other than a continued prosecution application under § 1.53 (d),
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`__ OR __
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`El
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`(2)
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`It is being filed within 3 months of entry of the national stage as set forth in §
`1.491 in an international application;
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`__ OR __
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`El
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`(3)
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`It is being filed before the mailing of a first Office action on the merits;
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`__ OR __
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`IXI
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`(4)
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`It is being filed before the mailing of a first Office action after the filing of a
`request for continued examination under § 1.114.
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`B. D 37 CFR § 1.97(c). Although this Information Disclosure Statement is being filed after the period
`specified in 37 CFR § 1.97(b), above, it is filed before the mailing date of the earlier of (1) a final
`office action under § 1.113, (2) a notice of allowance under § 1.311, or (3) an action that otherwise
`closes prosecution in the application, this Information Disclosure Statement should be considered
`because it is accompanied by one of:
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`D
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`a statement as specified in §1.97 (e) provided concurrently herewith,
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`__ OR __
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`D
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`a fee of $240.00 as set forth in § 1.17 (p) authorized below, enclosed, or included with
`the payment of other papers filed together with this statement.
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`C. D 37 CFR § 1.97 (0]). Although this Information Disclosure Statement is being filed after the
`mailing date of the earlier of (1) a final office action under § 1.113, (2) a notice of allowance under §
`1.311, or (3) an action that otherwise closes prosecution in the application, it is being filed before
`payment of the issue fee and should be considered because it is accompanied by:
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`i.
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`a statement as specified in § 1.97 (e),
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`-- AND --
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`ii.
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`a fee of $240.00 as set forth in §1.17(p) is authorized below, enclosed, or included
`with the payment of other papers filed together with this Statement.
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`D.
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`|:| 37 CFR §1.97 (e). Statement.
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`D
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`A statement is provided herewith to satisfy the requirement under 37 CFR §§ 1.97 (c),
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`-- AND/OR --
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`D
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`A statement is provided herewith to satisfy the requirement under 37 CFR §§ 1.97 (d),
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`-- AND/OR --
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`D
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`A copy of a dated communication from a foreign patent office clearly showing that the
`information disclosure statement is being submitted within 3 months of the filing date on
`the communication is provided in lieu of a statement under 37 CFR. § 1.97(e) (1) as
`provided for under MPEP 609.04(b) V.
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`Attorney Docket No. 44854-701308
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`E. D Statement Under 37 CFR. §1.704(d). Each item of information contained in the information
`disclosure statement was first cited in any communication from a patent office in a counterpart
`foreign or international application or from the Office or is a communication that was issued by a
`patent office in a counterpart foreign or international application or by the Office that was received by
`an individual designated in § l.56(c) not more than thirty (30) days prior to the filing of this
`information disclosure statement. This statement is made pursuant to the requirements of 37 CFR.
`§l.704(d) to avoid reduction of the period of adjustment of the patent term for Applicant(s) delay.
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`F.
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`IX 37 CFR §1.98 (a) (2). The content of the Information Disclosure Statement is as follows:
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`I:I
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`IXI
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`IXI
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`I:I
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`Copies of each of the references listed on the attached Form PTO/SB/08 are enclosed
`herewith.
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`__ OR __
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`Copies of US. Patent Documents (issued patents and patent publications) listed on the
`attached Form PTO/SB/08 are not enclosed.
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`-- AND/OR --
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`Copies of Foreign Patent Documents and/or Non Patent Literature Documents listed on
`the attached Form PTO/SB/08 are enclosed in accordance with 37 CFR §l.98 (a)(2).
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`-- AND/OR --
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`Copies of pending unpublished US. patent applications are enclosed in accordance with
`37 CFR §1.98 (a) (2) (iii).
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`G. D 37 CFR §1.98(a)(3). The Information Disclosure Statement includes non-English patents and/or
`references.
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`I:I
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`Pursuant to 37 CFR §l.98(a)(3)(i), a concise explanation of the relevance of each patent,
`publication or other information provided that is not in English is provided herewith.
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`I:I
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`D
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`Pursuant to MPEP 609(B), an English language copy of a foreign search report is
`submitted herewith to satisfy the requirement for a concise explanation where
`non-English language information is cited in the search report.
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`__ OR __
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`A concise explanation of the relevance of each patent, publication or other
`information provided that is not in English is as follows:
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`I:I
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`Pursuant to 37 CFR §l.98(a) (3) (ii), a copy of a translation, or a portion thereof, of the
`non-English language reference(s) is provided herewith.
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`H. D 37 CFR §1.98(d). Copies of patents, publications and pending US. patent applications, or other
`information specified in 37 CFR. § l.98(a) are not provided herewith because:
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`I:I
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`to 37 CFR §l.98(d)(l) the information was previously submitted in an
`Pursuant
`Information Disclosure Statement, or cited by examiner for another application under
`which this application claims priority for an earlier effective filing date under 35 U.S.C.
`120.
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`Application in which the information was submitted:
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`Information Disclosure Statement(s) filed on:
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`AND
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`D
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`The information disclosure statement submitted in the earlier application complied with
`paragraphs (a) through (c) of 37 CFR §l.98.
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`Attorney Docket No. 44854-701308
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`3
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`I.
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`IXI Fee Authorization. The Commissioner is hereby authorized to charge the above-referenced fees
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`of $0.00 and charge any additional
`fees or credit any overpayment associated with this
`communication to Deposit Account No. 23-2415 {Docket No.44854-701.3081.
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`Respectfiilly submitted,
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`WILSON SONSINI GOODRICH & ROSATI
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`Dated: December 19 2018
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`By:
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`/DaVid S. Harburger/
`DaVid S. Harburger
`Registration No. 65,159
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`650 Page Mill Road
`Palo Alto, CA 94304-1050
`(650) 493-9300
`Customer No. 02-1971
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`Attorney Docket No. 44854-701308
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