`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO
`
`10/109,186
`
`FILING DATE
`
`03/28/2002
`
`7590
`
`07/06/2006
`
`Lawrence J. Merkel
`Conley, Rose, & Tayon, P.C.
`p0 Bows
`
`Austin, TX 78767
`
`UNITED STATES DEPARTMENT OF COMMERCE ‘
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`www.usplo.gov
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Hans F. van Rietschote
`
`5760-00400NRTS 0064
`
`4997
`
`EXAMINER
`
`CHACE, CHRISTIAN
`
`2l89
`
`DATE MAILED: 07/06/2006
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`Symantec 2001
`
`Veeam v. Symantec
`IPR2013-00150
`
`Symantec 2001
`Veeam v. Symantec
`IPR2013-00150
`
`

`

`_
`Supplemental ,
`Notice of Allowability
`
`10/109,186
`Examiner
`
`RIETSCHOTE. HANS F. VAN
`Art Unit
`
`Application No.
`
`Applicant(s)
`
`Christian P. Chace
`
`2189
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IX This communication is responsive to Request for reconsideration of IDS filed 6/6/06.
`
`2. [Z The allowed claim(s) is/are 1-30.
`
`3. E] Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) [I All
`b) [1 Some*
`c) E] None
`of the:
`
`1. E] Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No. _
`
`3. E] Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received: _
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. El CORRECTED DRAWINGS (as “replacementsheets") must be submitted.
`
`(a) III including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`1) I] hereto or 2) E] to Paper No./Mai| Date
`
`.
`
`‘
`
`(b) El including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./MaiI Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. I] DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`.
`
`Attachment(s)
`1. El Notice of References Cited (PTO-892)
`
`2. [:1 Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. E Information Disclosure Statements (PTO-1449 or PTO/SB/08),
`Paper No./Mail Date 2/27/06
`4. [I Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. E] Notice of Informal Patent Application (PTO-152)
`
`6. E] Interview Summary (PTO-413),
`Paper No./Mail Date __ .
`7. D Examiner's Amendment/Comment
`
`8. E] Examiner's Statement of Reasons for Allowance
`
`9. C] Other
`
`US Patent and Trademrk Office
`PTOL-37 (Rev. 7-05);
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20060625
`
`

`

`Application/Control Number: 10/109,186
`
`Page 2
`
`_ Art Unit: 2189
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`DETAILED ACTION
`
`Response to Amendment
`
`This Office action has been issued in response to request for reconsideration filed 8 June
`
`2006. Applicants requested the IDS submitted 27 February 2006 be considered by examiner.
`
`The IDS has been considered, and a signed and initialed copy is attached hereto. Examiner
`
`apologizes fro any inconvenience as a result of this oversight.
`
`Terminal Disclaimer
`
`The terminal disclaimer filed on 1 March 2006 disclaiming the terminal portion of any
`
`patent granted on this application which would extend beyond the expiration date of US Patent
`
`applications 10/ 108,882, 10/ 109,406, and 10/616,437; has been reviewed and is accepted. The
`
`terminal disclaimer has been recorded.
`
`Information Disclosure Statement
`
`The information disclosure statement filed 27 February 2006 has been considered by examiner.
`
`A signed and initialed copy is attached hereto.
`
`Allowable Subject Matter
`
`Claims 1-30 are allowed.
`
`The record is clear as to the reasons for allowance in this case. Accordingly, no further
`
`statement is deemed necessary at this time.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Christian P. Chace whose telephone number is 571.272.4190.
`
`The examiner can normally be reached on MAXI FLEX.
`
`

`

`Application/Control Number: 10/109,186
`
`Page 3
`
`Art Unit: 2189
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Reginald Bragdon can be reached on 571.272.4204. The fax phone number for the
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`organization where this application or proceeding is assigned is 571—273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`We,
`
`Christian P. Chace
`
`Primary Examiner
`Art Unit 2 1 89
`
`

`

`Application Serial No. 10/109,186 - Filed March 28, 2002
`
`ID 3 642:?(09
`
`ElDDDD
`
`within 3 months of the filing date of a national application other than a
`continued prosecution application under § l.53(d);
`within 3 months of the date of entry of the national stage as set forth in §
`1.491 in an International application;
`‘
`before the mailing date of a first Office Action on the merits; or
`before the mailing of a first Office Action after the filing of a request for
`continued examination under § 1.114.
`
`after the events of above paragraph la and prior to the mailing date of a _
`final Office Action or Notice of Allowance, and thus:
`IE the
`certification of paragraph 2 below is provided, 9; I] a fee of $180.00 is
`required.
`
`c.
`
`[:I
`
`after the mailing date of a final Office Action or a Notice of Allowance
`and prior to payment of the issue fee, and thus:
`the certification of
`paragraph 2 below is provided and a fee of $180.00 is authorized below.
`
`2.
`
`It is hereby certified:
`
`I]
`
`I:
`
`E
`
`that each item of information contained in this Information Disclosure Statement
`was cited in a communication from a foreign patent office in a counterpart
`application and that this communication was not received by any individual
`designated in § 1.56(c) more than thirty (30) days prior to the filing of the
`information disclosure statement;
`
`that each item of information contained in this Information Disclosure Statement
`was cited in a communication from a foreign patent office in a counterpart
`foreign application not more than three (3) months prior to the filing of the
`Statement; or
`
`that no item of information contained in the Information Disclosure Statement
`was cited in a communication from a foreign patent office in a counterpart
`foreign application or, to the knowledge of the person signing the certification
`after making reasonable inquiry, was known to any individual designated in §
`1.56 (c) more than three (3) months prior to the filing of the Statement.
`
`3.
`
`E
`
`Consideration of the following additional information (including any co-pending
`or abandoned U.S. applications, prior uses and/or sales, etc.) is requested:
`
`O/(f/
`
`Copy of Office Action from US. Serial No. 10/108,882, mailed December 23,
`2005.
`
`4.
`
`For each non—English language reference listed on the attached Form PTO-1449:
`
`E]
`
`'
`
`reference is made to an English language translation submitted herewith, and/or
`
`reference is made to a foreign patent office search report (in the English
`language) subm1tted herewith, and/or
`
`MD / [(3
`
`(0/25/06
`
`