`Case 1:24-cv-00733-MN Document 28-5
`Filed 11/25/24
`Page 1 of 3 PagelD #: 1644
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`EXHIBIT N
`EXHIBIT N
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`Case 1:24-cv-00733-MN Document 28-5 Filed 11/25/24 Page 2 of 3 PageID #: 1645
`Case 1:24-cv-00733-MN Document 28-5
`Filed 11/25/24
`Page 2 of 3 PagelD #: 1645
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`REMARKS
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`This communication is in response to the Non-Final Office Action dated August 16,
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`2023. In the Office Action:
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`-
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`-
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`-
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`claims 2 and 16 were rejected under 112(b),
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`claims 1-20 were rejected under obviousness-type double patenting, and
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`claims 1, 3-16, and 17-20 were foundto be allowable.
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`In this response, claims 2 and 16 have been amended. Support for the amendments can be
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`found in the original disclosure; no new matter has been added. Upon entry ofthis response,
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`claims 1-20 are pending.
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`Claims 2 and 16 have been amendedtoclarify the acronyms.
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`112(b) Rejection
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`
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`Allowable Subject Matter
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`The Applicant acknowledgesthe allowability of claims 1, 3-15, and 17-20.
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`Uponentry of this response, claims 1-20 are pending.
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`McKessonStatement
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`In view ofMcKesson Information Solutions v. Bridge Medical (Fed. Cir. 2007), the
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`Applicant wishes to inform the Examinerthat the prosecution history of the following US Patent
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`Applications may contain information relevant to the pending application:
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`14/214644*, 14/320534, 14/335762, 14/611065, 14/641236, 14/321717, 14/321724,
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`14/321733, 14/456683, 14/968703*, 14/614336, 14/458192, 14/458199*, 15/893514,
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`15/435228, 15/878352*, 15/603400*, 15/406492*, 16/029483, 15/956741, 16/681673,
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`16/748727, 16/750477, 16/934933*, 17/529111, 17/147305, 16/934392, 17/216399,
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`17/973506, 17/968672, 17/973505, 17/443802, 17983311, 17/985832, 17/654732*,
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`17/978894, 17/963170, 17/973507, 18/197070, 18/197071
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`The Examineris encouraged to review the art madeof record, office actions, and notices
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`of allowance, if any, in the above-mentioned applications.
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`104402-5075-US
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`-7-
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`Response to Office Action
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`
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`Case 1:24-cv-00733-MN Document 28-5 Filed 11/25/24 Page 3 of 3 PageID #: 1646
`Case 1:24-cv-00733-MN Document 28-5
`Filed 11/25/24
`Page 3 of 3 PagelD #: 1646
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`In addition, applications marked with an asterisk (*) have been or are currently being
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`challenged at the PTAB. The Examineris encouraged to review the record of each of these
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`proceedings in the Patent Trial and Appeal Case Tracking System (P-TACTS).
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`Concluding Remarks
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`By responding in the foregoing remarks only to particular positions asserted by the
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`examiner, the Applicant does not necessarily acquiesce in other positions that have not been
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`explicitly addressed. In addition, the Applicant’s arguments for the patentability of a claim
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`should not be understood as implying that no other reasons for the patentability of that claim
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`exist.
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`In light of the above amendments and remarks, the Applicant respectfully requests that
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`the Examinerreconsiderthis application with a view towards allowance. The Examineris
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`invited to call the undersigned attorney at (650) 843-4000, if a telephonecall could help resolve
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`any remaining items.
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`Respectfully submitted,
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`Date:|November 15, 2023 /Douglas J. Crisman/ 39,951
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`Douglas J. Crisman
`(Reg. No.)
`MORGAN,LEWIS & BOCKIUS LLP
`1400 Page Mill Road
`Palo Alto, CA 94304
`Phone: (650) 843-4000
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`104402-5075-US
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`-8-
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`Response to Office Action
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