IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Inventor: Eric R. JAMES
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`Confirmation No.: 7038
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`Applicant: Sanaria Inc.
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`Art Unit: 3735
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`Application No.: 15/957,654
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`Examiner: DESAI, Kaushikkumar A.
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`Filing Date: April 19, 2018
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`Atty. Docket: 2602.0190001
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`Title: CRYOVIAL STORAGE SYSTEM
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`Reply to Restriction Requirement and Requirement For Election of Species
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`Commissioner for Patents
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`PO Box 1450
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`Alexandria, VA 22313-1450
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`Commissioner:
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`Election of Group, Species, and Subspecies
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`In reply to the Office Action dated June 18, 2019, requesting an election of one group
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`of claims to prosecute in the above-referenced patent application, Applicant hereby elects to
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`prosecute Group 1, represented by claims 1—13, and 16—29. The election is made without
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`prejudice to or disclaimer of the non-elected subject matter. This election is made with
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`traverse, at least because claims 14 and 15 depend (indirectly) from claim 1 and require all
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`features of claim 12.
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`Also, in reply to the Election of Species portion of the same Office Action, Applicant
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`hereby provisionally elects Species 3, represented by FIGS. 5A and 5B, and subspecies 1,
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`represented by FIG. 3A. All elected claims read on such species and subspecies. These
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`elections are made without prejudice to or disclaimer of the non-elected species. These
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`elections are made with traverse as detailed with reference to the Statement of Substance of
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`Interview below.
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`Eric R. JAMES
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`Application No. 15/957,654
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`Statement of Substance of Interview on June 51 2019
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`Applicant thanks Examiner Desai for the courtesy extended to the undersigned during
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`the telephone interview on June 5, 2019. As noted in the Interview Summary dated June 18,
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`2018, it was agreed to the rescind the Restriction Requirement mailed May 16, 2019.
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`Although Applicant believed no further election of species requirement would be required
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`based on the discussion of the figures, the Office has issued the pending requirement.
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`In particular, the Office requires election between the following alleged species:
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`0
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`0
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`0
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`0
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`Species 1: Figure 4A
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`Species 2: Figure 4B
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`Species 3: Figures 5A-5B
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`Species 4: Figure 5C
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`Figures 4A and 4B are simply different stages of operation of the same device, and
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`therefore the election requirement is believed to be improper. Similarly, Figures 5A, 5B, and
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`5C all describe different stages of operation of the same device and are not properly separable
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`into species.
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`Moreover, the only difference between Figures 4A and 5A is the inclusion of a
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`notched frame—the inclusion of a notch is not mutually exclusive of not including a notch.
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`Thus, there is no serious search or examination burden in considering all of the pending
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`claims in the present application. It appears likely that a search for the alleged “species”
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`would not result in a search or examination burden, and the same is true for the two dependent
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`method claims 14 and 15.
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`The same is true for the alleged subspecies of Figure 3A and 3B, describing the same
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`slack. As they are the same device, they are not properly separable into subspecies.
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`Thus, reconsideration and withdrawal of the Restriction Requirement and the Election
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`of Species/Subspecies Requirement, and consideration and allowance of all pending claims,
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`are respectfully requested.
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`Atty. Dkt. No. 2602.0190001
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`Eric R. JAMES
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`Application No. 15/957,654
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`It is not believed that extensions of time are required beyond those that may otherwise
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`be provided for in documents accompanying this paper. However, if additional extensions of
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`time are necessary to prevent abandonment of this application, then such extensions of time
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`are hereby petitioned under 37 CPR. § l.l36(a), and any additional fees required to continue
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`prosecution or appeal of this application (including issue fee, fees for net addition of claims or
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`forwarding to appeal) are hereby authorized to be charged to our Deposit Account No. 19-
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`0036.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
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`/Ian Soule/
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`Ian Soule
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`Attorney for Applicant
`Registration No. 74,290
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`Date:
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`August 19, 2019
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`1100 New York Avenue, NW.
`Washington, DC. 20005-3934
`(202) 371-2600
`l344260271.d0cx
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`Atty. Dkt. No. 2602.0190001
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