Skip to main content

Full text of "USPTO Patents Application 09864621"

See other formats



Application No. 


Applicant(s) 




/nfprv/pi/i/ Siimman/ 

if llvf V ww wufflflfai Jr 


09/864,621 


SNODGRASS, H. RALPH 


Examiner 

Thaian N. Ton 


Art Unit 

1632 





All participants (applicant, applicant's representative, PTO personnel): 

(1) Thaian N. Ton . (3) . 

(2) Cara Coburn . (4) . 

Date of Interview: 30 October 2002 . 

Type: a)S Telephonic b)D Video Conference 

c)D Personal [copy given to: 1 )□ applicant 2)D applicant's representative] 

Exhibit shown or demonstration conducted: d)D Yes e)S No. 

If Yes, brief description: . 

Claim(s) discussed: NONE . 



Identification of prior art discussed: NONE . 

Agreement with respect to the claims f)D was reached, g)^ was not reached. h)D N/A. 



Substance of Interview including description of the general nature of what was agreed to if an agreement was 
reached, or any other comments: Discussed the Restriction requirement mailed 10/02/02. Informed Applicant that 
the requirement would be withdrawn and no further action would be required . 

(A fuller description, if necessary, and a copy of the amendments which the examiner agreed would render the claims 
allowable, if available, must be attached. Also, where no copy of the amendments that would render the claims 
allowable is available, a summary thereof must be attached.) 

i)E] It is not necessary for applicant to provide a separate record of the substance of the interview(if box is 
checked). 

Unless the paragraph above has been checked, 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 been filed, APPLICANT IS GIVEN ONE MONTH FROM THIS INTERVIEW DATE TO FILE A 
STATEMENT OF THE SUBSTANCE OF THE INTERVIEW. See Summary of Record of Interview requirements on 
reverse side or on attached sheet. 



Examiner Note: You must sign this form unless it is an ^iM^IaA^ ^A^Q\^J^ 

Attachment to a signed Office action. Examiner's signature, if required 



U.S. Patent and Trademark Office 

PTO-413 (Rev. 03- 98) Interview Summary Paper No. 8. 



Summary of Record of Interview Requirements 

Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record 

A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the 
application whether or not an agreement with the examiner was reached at the interview. 

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 must be filed by the applicant. An interview does not remove the necessity for reply to Office action as specified in §§ 1.11 1, 1.135. (35 U.S.C. 132) 

37 CFR §1 .2 Business to 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 
any alleged oral promise, stipulation, or understanding in 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 is itself 
incomplete through the failure to record the substance of interviews. 

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 bear directly on the question of patentability. 

Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the 
interview by checking the appropriate boxes and filling 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 of the file, and listed on the 
"Contents" section of the file wrapper. In a personal interview, 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-conference interview, the copy is mailed to the applicant's correspondence address 
either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if 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 

- Date of interview 

- Type of interview (telephonic, video-conference, or personal) 

- Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.) 

- An indication whether or not an exhibit was shown or a demonstration conducted 

- An identification of the specific prior art discussed 

- An indication whether an agreement was reached and if 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: Agreement as to allowability is tentative and does 
not restrict further action by the examiner to the contrary. 

- The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action) 

It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case 
unless both applicant and examiner agree that the examiner will record same. Where the examiner agrees to record the substance of the interview, 
or when it is adequately recorded on the Form or in an attachment to the Form, the examiner should check the appropriate box at the bottom of the 
Form which informs the applicant that the submission of a separate record of the substance of the interview as a supplement to the Form is not 
required. 

It should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the 
interview unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the 
substance of the interview. 

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, 

(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not 
required. The identification of the arguments is 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 and fully 
describe those arguments which he or she feels were or might be persuasive to the examiner.) 

6) a general indication of any other pertinent matters discussed, and 

7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by 
the examiner. 

Examiners are expected to carefully review the applicant's record of the substance of an interview. If the record is not complete and 
accurate, the examiner will give the applicant an extendable one month time period to correct the record. 

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 
statement attributed to him or her. If the record is complete and accurate, the examiner should place the indication, "Interview Record OK" on the 
paper recording the substance of the interview along with the date and the examiner's initials. 



2