Case 1:14-cv-01398-LPS-CJB Document 11 Filed 03/09/15 Page 1 of 2 PagelD #: 60
`
`AO 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`for the District of Delaware (cid:9)
`on the following
`filed in the U.S. District Court (cid:9)
`LI Trademarks or (cid:9)
`[2f Patents. ( 0 the patent action involves 35 U.S.C. § 292.):
`_131% DATE F
`
`DOCKET NO. 1
`
`1 11/12/2014
`
`U.S. DISTRICT COURT
`for the District of Delaware
`
`PLAINTIFF
`
`SHEEX, INC.
`
`DEFENDANT
`
`COCONA INC.,
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`1 (cid:9) US8,402,580 B2
`
`3/26/2013
`
`2 US8,566,982 B2
`
`10/29/2013
`
`Sheex, Inc.
`
`Sheex, Inc.
`
`HOLDER OF PATENT OR TRADEMARK
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`• Amendment (cid:9)
`DATE OF PATENT
`OR TRADEMARK
`
`M Answer (cid:9)
`
`0 Cross Bill (cid:9)
`
`• Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above—entitled case. the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`Aicit tce, o (cid:9) Dts#1,;1
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`Totvn A. Ce,r let o
`
`DATE
`
`M — 2° 1 5.
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`000001
`
`BEDGEAR 1024
`IPR of U.S. Pat. No. 8,402,580
`
`

`
`Case 1:14-cv-01380-LPS Document 3 Filed 11/07/14 Page 1 of 1 PagelD #: 41
`
`AO 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`for the District of Delaware (cid:9)
`filed in the U.S. District Court (cid:9)
`on the following
`q Trademarks or (cid:9)
`'Patents. ( q the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`
`PLAINTIFF
`
`SHEEX, INC.
`
`DATE FILED
`11/7/2014
`
`U.S. DISTRICT COURT
`for the District of Delaware
`
`DEFENDANT
`
`BEDGEAR, LLC
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 (cid:9) US8,402,580 B2
`
`3/26/2013
`
`Sheex, Inc.
`
`2 US8,566,982 B2
`
`10/29/2013
`
`Sheex, Inc.
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`q Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`q Answer (cid:9)
`
`n Cross Bill (cid:9) q Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`000002
`
`

`
`Case 1:14-cv-01399-UNA Document 3 Filed 11/12/14 Page 1 of 1 PagelD #: 40
`
`AO 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`for the District of Delaware (cid:9)
`on the following
`filed in the U.S. District Court
`[Patents. ( EI the patent action involves 35 U.S.C. § 292.):
`q Trademarks or (cid:9)
`
`DOCKET NO.
`
`PLAINTIFF
`
`SHEEX, INC.
`
`DATE FILED
`11/12/2014
`
`U.S. DISTRICT COURT
`for the District of Delaware
`
`DEFENDANT
`
`E&E CO. LTD., D/B/A JLA HOME
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 (cid:9) US8,402,580 B2
`
`3/26/2013
`
`Sheex, Inc.
`
`2 US8,566,982 B2
`
`10/29/2013
`
`Sheex, Inc.
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`q Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`q Answer (cid:9)
`
`n Cross Bill (cid:9) q Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`000003
`
`(cid:9)
`

`
`Case 1:14-cv-00253-SLR Document 21 Filed 11/13/14 Page 1 of 1 PagelD #: 132
`
`AO 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`for the District of Delaware
`on the following
`filed in the U.S. District Court
`66 Patents. ( 0 the patent action involves 35 U.S.C. § 292.):
`0 Trademarks or (cid:9)
`
`
`ckiDATE FILED
`DOCKET NO. (cid:9)
`i Li — 95 3 — S
`2/21/2014
`PLAINTIFF
`
`U.S. DISTRICT COURT
`for the District of Delaware
`
`DEFENDANT
`
`SAPPHIRE DOLPHIN LLC
`
`HARMAN INTERNATIONAL INDUSTRIES, INC.
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`7/25/2000
`
`4/17/2001
`
`SAPPHIRE DOLPHIN LLC
`
`SAPPHIRE DOLPHIN LLC
`
`1 (cid:9) 6,094,676
`2 6,219,710
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`III Amendment (cid:9)
`DATE OF PATENT
`OR TRADEMARK
`
`II Answer (cid:9)
`
`NI Cross Bill (cid:9)
`
`• Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`514-D0( ak MO-A an Orb ;kS (cid:9)
`Et/n °I17 / 14 6//
`
`Ct- cS0 eirCk
`
`el 22y
`
`CLE '..--,
`
`(PAT) DE MIY CLERK
`
`---4ICIaji
`
`DATE /
`1/ 4 3
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`000004
`
`

`
`Case 1:14-cv-01164-PLM Doc #3 Filed 11/13/14 Page 1 of 2 Page ID#20
`
`AO 120 (Rev. 08/10
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`Western District of Michigan (cid:9)
`on the following
`filed in the U.S. District Court
`Ei Patents. ( D the patent action involves 35 U.S.C. § 292.):
`[Z Trademarks or (cid:9)
`
`DOCKET NO.
`1:14-cv-1164
`PLAINTIFF
`
`DATE FILED
`11/11/2014
`
`U.S. DISTRICT COURT
`Western District of Michigan
`DEFENDANT
`
`EZAKI GLICO KABUSHIKI KAISHA
`
`LOTTE U.S.A., INC.
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 (cid:9) 1,527,208
`
`2 (cid:9) 1,986,404
`
`3 (cid:9) 2,615,119
`
`4 3,428,859
`
`5
`
`2/28/1989
`
`7/9/1996
`
`9/3/2002
`
`EZAKI GLICO KABUSHIKI KAISHA
`
`EZAKI GLICO KABUSHIKI KAISHA
`
`EZAKI GLICO KABUSHIKI KAISHA
`
`5/13/2008
`
`EZAKI GLICO KABUSHIKI KAISHA
`
`In the above--entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`• Amendment (cid:9)
`DATE OF PATENT
`OR TRADEMARK
`
`M Answer (cid:9)
`
`u Cross Bill (cid:9)
`
`III Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`I
`
`2
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`CLERK
`Tracey Cordes, Clerk of Court
`
`(BY) DEPUTY CLERK
`Is/ bd
`
`DATE
`
`11/13/2014
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`Continued on Page 2
`
`000005
`
`(cid:9)
`

`
`AO 120 (Concal5PP4;14,-,cycip1164-PLM Doc #3 Filed 11/13/14 Page 2 of 2 Page ID#21
`
`DOCKET NO.
`
`DECISION/JUDGMENT CONTINUED
`
`000006
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`
`PATENT NO. (cid:9)
`APPLICATION NO. (cid:9)
`DATED (cid:9)
`INVENTOR(S) (cid:9)
`
`: 8,566,982 B2
`: 12/569659
`: October 29, 2013
`: Walvius et al.
`
`Page 1 of 1
`
`It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
`
`In the Claims.
`
`Column 8, Line 52, In Claim 1, delete "interface" and insert -- interfere --, therefor.
`
`Column 9, Line 28, In Claim 10, delete "at leas" and insert -- at least --, therefor.
`
`Signed and Sealed this
`Twenty-fifth Day of February, 2014
`
`Michelle K. Lee
`Deputy Director of the United States Patent and Trademark Office
`
`000007
`
`(cid:9)
`

`
`Attorney Docket No.: 29712-0002001
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Art Unit
`: (cid:9) 3673
`Examiner : Nicholas F. Polito
`Conf. No. : 8676
`
`Applicant : Susan Walvius et. al.
`Patent No. : 8,566,982
`Issue Date : October 29, 2013
`Serial No. : 12/569,659
`Filed (cid:9)
`: September 29, 2009
`
`Title (cid:9)
`
`: FABRIC SYSTEM
`
`Attention Certificate of Corrections Branch
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REQUEST FOR CERTIFICATE OF CORRECTION
`
`Please issue a certificate of correction in accordance with the attached form.
`
`All errors to be corrected were made in printing by the Patent and Trademark Office, and
`
`no fee is believed to be due.
`
`Apply any other necessary charges or credits to Deposit Account 06- 1050, referencing
`
`the above attorney docket number.
`
`Respectfully submitted,
`
`Date: January 10, 2014
`
`Customer Number 26161
`Fish & Richardson P.C.
`Telephone: (617) 542-5070
`Facsimile: (877) 769-7945
`
`23144360.doc
`
`/Frank L. Gerratana/ (cid:9)
`Frank L. Gerratana
`Reg. No. 62,653
`
`
`
`000008
`
`(cid:9)
`

`
`FISH & RICHARDSON P.C.
`
`Staple
`Here
`Only
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`
`Page 1 of 1
`
`PATENT NO. (cid:9)
`
`.: 8,566,982
`
`APPLICATION NO .: 12/569,659
`
`DATED (cid:9)
`
`.: OCTOBER 29, 2013
`
`INVENTORS) (cid:9)
`
`.: SUSAN WALVIUS
`
`It is certified that an error appears in the above-identified patent and that said Letters Patent is
`hereby corrected as shown below:
`
`Column 8, Line 52, In Claim 1, delete "interface" and insert -- interfere --, therefor.
`
`Column 9, Line 28, In Claim 10, delete "at leas" and insert -- at least --, therefor.
`
`MAILING ADDRESS OF SENDER:
`
`Frank L. Gerratana
`Fish & Richardson P.C.
`P.O. Box 1022
`Minneapolis, Minnesota 55440-1022
`
`000009
`
`

`
`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`17880068
`
`12569659
`
`International Application Number:
`
`Confirmation Number:
`
`8676
`
`Title of Invention:
`
`FABRIC SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Susan Katherine Walvius
`
`Customer Number:
`
`26161
`
`Filer:
`
`Frank L. Gerratana/jennifer franco
`
`Filer Authorized By:
`
`Frank L. Gerratana
`
`Attorney Docket Number:
`
`29712-0002001
`
`Receipt Date:
`
`Filing Date:
`
`10-JAN-2014
`
`29-SEP-2009
`
`Time Stamp:
`
`14:25:47
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
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`Submitted with Payment
`
`no
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`File Listing:
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`Document
`Number
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`Document Description
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`File Name
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`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`108431
`
`1
`
`Request for Certificate of Correction
`
`coc.pdf
`
`no
`
`2
`
`el 72e
`
`
`
`00945
`
`Warnings:
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`Information:
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`000010
`
`

`
`Total Files Size (in bytes) (cid:9)
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`108431
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
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`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
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`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`If a new international application is being filed and the international application includes the necessary components for
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`000011
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`UNITED STA1ES PA1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO. (cid:9)
`
`12/569,659
`
`ISSUE DATE
`
`10/29/2013
`
`PATENT NO. (cid:9)
`
`8566982
`
`ATTORNEY DOCKET NO. (cid:9)
`
`CONFIRMATION NO.
`
`29712-0002001
`
`8676
`
`10/09/2013
`7590 (cid:9)
`26161 (cid:9)
`FISH & RICHARDSON P.C. (BO)
`P.O. BOX 1022
`MINNEAPOLIS, MN 55440-1022
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`The projected patent number and issue date are specified above.
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`ISSUE NOTIFICATION
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`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
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`The Patent Term Adjustment is 217 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
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`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
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`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
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`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
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`APPLICANT(s) (Please see PAIR WEB site http://pair.uspto.gov for additional applicants):
`
`Susan Katherine Walvius, Chapin, SC;
`Michelle Marie Marciniak, Chapin, SC;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`IR103 (Rev. 10/09)
`
`000012
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`
`UNITED STA (cid:9)I ES PA (cid:9)PENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO. (cid:9)
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO. (cid:9)
`
`CONFIRMATION NO.
`
`12/569,659
`
`09/29/2009
`
`Susan Katherine Walvius
`
`29712-0002001
`
`8676
`
`26161 (cid:9)
`7590 (cid:9)
`07/30/2013
`FISH & RICHARDSON P.C. (BO)
`P.O. BOX 1022
`MINNEAPOLIS, MN 55440-1022
`
`EXAMINER
`
`POLITO, NICHOLAS F
`
`ART UNIT
`
`PAPER NUMBER
`
`3673
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/30/2013
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`PATDOCTC@fr.com
`
`PTOL-90A (Rev. 04/07)
`
`000013
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`
`Applicant-Initiated Interview Summary
`
`Application No.
`
`Applicant(s)
`
`12/569,659
`
`Examiner
`
`Nicholas Polito
`
`WALVIUS ET AL.
`
`Art Unit
`
`3673
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`(1) Nicholas Polito. (cid:9)
`
`(2) Frank Gerratana. (cid:9)
`
`Date of Interview: 23 July 2013.
`
`(3)_.
`
`(4)_.
`
`Type: (cid:9)
`
`Z Telephonic
`q Video Conference
`q Personal [copy given to: q applicant (cid:9) q applicant's representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description: (cid:9)
`.
`
`q Yes (cid:9)
`
`Z No.
`
`102 q 103 ®Others
`112 q
`101 q
`Issues Discussed
`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: N/A.
`
`Identification of prior art discussed: N/A.
`
`Substance of Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc...)
`
`Applicant called and asked if the references cited in the Office Action mailed 7/17/2013 of child application 13/272,977
`could be considered before the issue fee was paid in the current, parent application. Examiner and applicant agreed
`that the references of 13/272,977 could be made of record in the current application with a Notice of References Cited,
`attached herewith. Furthermore, applicant became aware of new references from a foreign patent office which will be
`considered in an IDS. Finally, the IDS received 4/23/2013 had not been considered and received by applicant with the
`Notice of Allowance mailed 7/15/2013. Therefore, the IDS received 4/23/2013 will be considered and mailed herewith.
`
`Applicant recordation instructions: 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 a non-extendable period of the longer of one month or
`thirty days from this interview date, or the mailing date of this interview summary form, whichever is later, to file a statement of the substance of the
`interview
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of
`the substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`q Attachment
`
`/Nicholas Polito/
`Examiner, Art Unit 3673
`
`U.S. Patent and Trademark Office
`PTOL-413 (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20130724
`
`000014
`
`(cid:9)
`q
`(cid:9)
`(cid:9)
`

`
`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.
`
`Summary of Record of Interview Requirements
`
`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 §§ 1.111, 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. 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.
`
`000015
`
`

`
`Supplemental
`Notice of Allowability
`
`Application No.
`12/569,659
`Examiner
`Nicholas Polito
`
`Applicant(s)
`WALVIUS ET AL.
`Art Unit
`AIA (First Inventor to
`File) Status
`3673
`No
`
`-- The MAILING DATE 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 M PEP 1308.
`
`1. [E] This communication is responsive to interview?/23/2013.
`q A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on (cid:9)
`
`
`
`2. 0 An election was made by the applicant in response to a restriction requirement set forth during the interview on (cid:9)
`requirement and election have been incorporated into this action.
`
`• the restriction
`
`3. [E] The allowed claim(s) is/are 1,2,4-8,26-30 and 32-36. As a result of the allowed claim(s), you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information,
`please see http://www.uspio.govIpatentslinit events/mh/index.jsp or send an inquiry to PPHfeedbackusoto.aov
`
`4. 0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a) 0 All (cid:9)
`b) 0 Some *c) 0 None of the:
`1. 0 Certified copies of the priority documents have been received.
`
`2. 0 Certified copies of the priority documents have been received in Application No. (cid:9)
`3. 0 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: (cid:9)
`
`
`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.
`
`5. 0 CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`
`0 including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mail Date (cid:9)
`.
`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. 0 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. [ZI Notice of References Cited (PTO-892)
`2. [ZI Information Disclosure Statements (PTO/SB/08), (cid:9)
`Paper No./Mail Date
`3. 0 Examiners Comment Regarding Requirement for Deposit (cid:9)
`of Biological Material
`4. [E] Interview Summary (PTO-413),
`Paper No./Mail Date (cid:9)
`.
`
`/Nicholas Polito/
`Examiner, Art Unit 3673
`
`5. 0 Examiner's Amendment/Comment
`6. 0 Examiner's Statement of Reasons for Allowance
`
`7. 0 Other (cid:9)
`
`
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 05-13)
`
`Notice of Allowability (cid:9)
`
`Part of Paper No./Mail Date 20130724
`
`000016
`
`(cid:9)
`

`
`Notice of References Cited
`
`Application/Control No.
`
`12/569,659
`
`Examiner
`
`Nicholas Polito
`
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`WALVIUS ET AL.
`
`Art Unit
`
`
`
`3673
`
`Page 1 of 1
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Name
`
`Classification
`
`A US-6,883,193
`
`B US-2005/0284189
`C US-7,176,419
`D US-7,240,383
`E US-8,171,581
`F US-7,428,772
`
`04-2005
`
`Brooks et al.
`
`12-2005
`
`Stewart, Richard F.
`
`02-2007
`
`Ellis et al.
`
`07-2007
`
`Stewart, Richard
`
`05-2012
`
`Agarwall, Arun
`
`09-2008
`
`Rock, Moshe
`
`5/497
`
`066/202
`
`219/528
`
`5/497
`
`5/497
`
`28/159
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`*
`
`G US-
`
`H US-
`
`I
`
`US-
`
`j US-
`
`K US-
`
`L US-
`
`M US-
`
`*
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`
`
`MM-YYYY
`
`Country
`
`Name
`
`Classification
`
`FOREIGN PATENT DOCUMENTS
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`*
`
`N
`
`0
`
`P
`
`Q
`
`R
`
`S
`
`T
`
`U
`
`V
`
`W
`
`X
`
`*A copy of th's reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM YYYY format are publication dates. Classifications may be US or foreign.
`
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20130724
`
`000017
`
`(cid:9)
`(cid:9)
`

`
`Sheet 1 of 1
`
`Substitute Disclosure Form (cid:9)
`
`U.S. Department of Commerce
`Patent and Trademark Office
`
`Information Disclosure Statement
`by Applicant
`(Use several sheets if necessary)
`
`(37 CFR §1.98(b))
`
`Attorney Docket No.
`29712-0002001
`Applicant
`Susan Walvius et. al.
`Filing Date
`September 29, 2009
`
`Application No.
`12/569,659
`
`Group Art Unit
`3673
`
`Examiner
`Initial
`
`Desig.
`ID
`
`Document
`Number
`
`U.S. Patent Documents
`Publication
`Date
`
`Patentee
`
`Class Subclass
`
`Filing Date
`If Appropriate
`
`Examiner
`Initial
`
`Foreign Patent Documents or Published Foreign Patent Applications
`Translation
`Desig.
`Document
`Publication
`Country or
`ID
`Number
`Date
`Patent Office
`Yes (cid:9)
`No
`
`Class Subclass
`
`Examiner
`Initial
`
`Other Documents (include Author