UNITED STATES PATENT AND TRADEMARK OEEICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISS IONER FOR PATENTS
`P.O Box 1450
`Alexandria Virginia 22313-1450
`www.uspt0 gov
`
`APPLICATION NO.
`
`11/729355
`
`ISSUE DATE
`
`02/17/2009
`
`PATENT NO.
`
`7490749
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`END5915USNP/060330
`
`7590
`
`01/28/2009
`
`JOHNSON & JOHNSON
`ONE JOHNSON & JOHNSON PLAZA
`NEW BRUNSWICK, NJ 08933—7003
`
`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 19 day(s). Any patent to issue from the above-identified application will
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`APPLICANT(S) (Please see PAIR WEB site http://pairllspto gov for additional applicants):
`
`Christopher J. Schall, Cincinnati, OH;
`Chad P. Boudreaux, Cincinnati, OH;
`
`IR103 (Rev. 11/05)
`
`1
`
`IS 1002
`
`1
`
`IS 1002
`
`

`

`In»
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`I|IIIII||I||IIIIII|III|||II|II|II||II|I|I|I||III|I|IIIII||I|||||I|||
`Bib Data Sheet
`
`FILING 0R 371(c)
`
`Page I ofl
`
`UNITED STATES DEPARTMENT UF COMMERCE
`United Stu‘u: Putullt und 'I‘rudunlurh Office
`Addxcsiz COMNUSSION'ER FOR PATENTS
`“0. BOX I450
`Alnxuldria, Vugini- 223I3-I450
`wwwu-ptogov
`
`CONFIRMATION No. 6426
`
`SERIAL NUMBER
`11I729 355
`'
`PLICANTS
`
`032272507
`RULE
`
`Christopher J. Schall. Cincinnati, OH;
`Chad P. Boudreaux, Cincinnati, OH;
`
`** CONTINUING DATA *i**i**i******kt****i**fi*
`
`*t FOREIGN APPLICATIONS kt**k*t****t***k***x
`
`GROUP ART UNIT ATTORNfig DOCKET
`.
`3721
`ENDSSISUSNP/06033O
`
`IF REQUIRED, FOREIGN FILING LICENSE GRANTED
`**_4/18/2007
`D yes D no
`Foreign Priority claimed
`rismusc 119 (a-d) conditions I] yes C] no D Met after
`Allowance
`erified and
`‘ cknowleded
`Examiner's Sinature
`Initials
`
`STATEOR
`COUNTRY
`
`SHEETS
`DRAWING
`
`TOTAL
`CLAIMS
`
`INDEPENDEN
`CLAIMS
`
`
`
`OH
`
`25
`
`20
`
`3
`
`JOHNSON & JOHNSON
`ONE JOHNSON & JOHNSON PLAZA
`NEW RUNSWICK. NJ08933-7003
`
`TITLE
`
`SURGICAL STAPLING AND CUTTING INSTRUMENT WITH MANUALLY RETRACTABLE FIRING MEMBER
`
`FILING FEE
`RECEIVED
`
`FEES: Authority has been given in Paper
`NO.
`to charge/credit DEPOSIT ACCOUNT
`f
`f
`ll
`'
`:
`or o owmg
`
`D 1.17 Fees ( Processing Ext. of
`time I
`CI 1.18 Fees ( Issue)
`
`CI All Fees
`Cl 1.16 Fees ( Filing)
`
`D Other
`
`Cl Credit
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`2
`
`

`

`PART B - FEE(S) TRANSMITTAL
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`Complete and send this form, together with applicable fee(s), to: Maj] Mail Stop ISSUE FEE
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`81’ I ICE
`0
`3| lug 01'
`ruusmlssmn
`C ['1'
`[g I'M 'I'
`T
`.
`.
`that $3.3me5 Transmittal isf beti_ng delposited lwith the Uriited
`Ishereb cglti
`ervtce W1
`su tctent postage or trstcass mat
`in an enveo e
`tates
`os
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`facsimi e
`transmitted to the USPTO ( 71) 273-2885. on the date indicated be ow.
`(Depositor‘s name)
`(Signature)
`(Date)
`
`
`
`END5915USNP/060330
`Christopher J. Schall
`03/28/2007
`11/729,355
`TITLE OF INVENTION: SURGICAL STAPLING AND CUTTING INSTRUMENT WITH MANUALLY RETRACTABLE FIRING MEMBER
`
`6426
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`NO
`
`31449-
`
`$ 1 , 5 1 0
`
`$300
`
`$0
`
`$449- $1 , 8 1 D
`
`01/0fl2009
`
`227-176100
`372]
`SMITH, SCOTT A
` 2. For printing on the patent front page. list1. Change of correspondence address or indication of "Fee Address" (37
`
`
`
`CFR 1.363).
`
`(1) the names of up to 3 registered 'patent attorneys
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`'2 Change ofcorres
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`Address orm PTO!
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`2
`(2) the name of a single firm (having as a member a
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`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`Ethicon Endo-Surgery,
`Cincinnati, Ohio
`
`Inc.
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`D a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`D b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
`
`NOTE: The Issue Fee and Publicatio-
`'
`
`required ,. l'ot be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`
`
`
`
`Ited
`. es 'M Tran mark Office.
`
`
`
`
`
`Date
`December 2, 2008
`
`A A.
`
`
`34, 324
`‘D
`Thomas J. Edgingto
`
`
`
`Typed or printed name
`Registration No.
`
`This collection of information is required by 37 CFR 1311. The information is re uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
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`PTOL—SS (Rev. 08/07) Approved for use through 08/31/2010.
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`OMB 0651-0033
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`3
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`

`

`PTO/881122 (11-08)
`Approved tor’use through 11/30/2011. 0MB 0651-0035
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the PapenNork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`11/729,355
`A- nlicaticn Number
`
`
`CHANGE OF
`
`
`
`
`
`CORRESPONDENCE ADDRESS
`Filin Date
`Marchze.2oov
`
`
`
`Application
`First Named Inventor
`ChristopherJ. Schall
`
`
`3721
`
`
`
`
`Address to:
`Art Unit
`
`Commissioner for Patents
`
`
`
`Examiner Name
`Scott A‘ sm'th
`P.O. Box 1450
`Alexandria, VA 22313-1450
` Attorney Docket Number
`
`END5915USNP/060330
`
`Please change the Correspondence Address for the above-identified patent application to:
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`[:1 The address associated with
`Customer Number:
`
`OR
`
`Firm or
`Individual Name Johnson at Johnson
`One Johnson & Johnson Plaza
`
`Address
`
`Telephone
`
`C'ty
`
`New Brunswick
`
`Z'p 03933-7003
`.
`
`
`Country USA
`
`This form cannot be used to change the data associated with a Customer Number. To change the
`data associated with an existing Customer Number use "Request for Customer Number Data Change" (PTO/SB/124).
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`i am the:
`
`Applicant/Inventor
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`Assignee of record of the ‘entire interest.
`Statement under 37 CFR 3.73(b) is enclosed. (Form PTO/SB/96).
`
`Attorney or agent of record. Registration Number 34.324
`
`Registered practitioner named in the application transmittal letter in an application without an
`executed oa n or declaration. See 37 CFR 1.33(a)(1). Registration Number
`A
`-‘
`'l
`1
`WM?!—
`. v
`
`- Thomas J. Edging/Ira "
`
`(412) 355-8303
`Date December 2, 2008
`NOTE: Signatures of all the inventors or assignees of record of the entire interest ortheir representative(s) are required. Submit multiple
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`forms are submitted.
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`“Total of
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`4
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`Electronic Patent Application Fee Transmittal
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`6
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`

`
`
`Electronic Patent Application Fee Transmittal
`
`
`
`
`
`MANUALLY RETRACTABLE FIRING MEMBER
` Title of Invention:
`
`SURGICAL STAPLING AND CUTTING INSTRUMENT WITH
`
`
`
`
`
`
`——
`
`
`
`
`
` .
`
`
`.
`.
`Sub-Total in
`
`Description .
`Fee Code USD($) Quantlty Amount
`
`
`
`
`Utility under 35 USC 111(a) Filing Fees
`
`Basic Filing:
`
`
`
`Miscellaneous-Filing:
`
`Petition:
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`Patent-Appeals-and-lnterference:
`
`
`
`
`
`
`
`
`
`Utility Appl issue fee
`Publ. Fee- early, voluntary, or normal
`
`1501 _- 1510
`1504
`
`300
`
`~
`
`300
`
`1
`
`Post-Al lowance—and -Post- Issuance:
`
`7
`
`

`

`
`
`
`Extension-of-Time:
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`Miscellaneous:
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`Amount
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`
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`
`SUB-$1.33; in
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`'
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`Total in USD ($)
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`1810
`
`
`
`
`8
`
`

`

`Electronic Acknowledgement Receipt
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`EFS ID:
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`4381027
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`
`Application Number:
`
`11729355
`
`International Application Number:
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`Confirmation Number: .
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`T'fle °f '"Vent'm‘
`
`SURGICAL STAPLING AND CUTTING INSTRUMENT WITH MANUALLY
`RETRACTABLE FIRING MEMBER
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`“—
`
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`
`16:26:45
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`Attorney Docket Number: , ENDSQ15USNP/06o330 1
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`Receipt Date: 02-DEC-2008
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`Filing Date: 28-MAR-2007
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`

`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`26285
`K&L GATES LLP
`535 SMITHFIELD STREET
`PITTSBURGH, PA 15222
`
`UVTTET‘I STATES DEPARTWF‘NT 0F COM'MFIRCFI
`United States Patent and Trademark Office
`Addless. COMB/ITSSTOVFR FOR PATENTS
`PO BOX1450
`Alexandria,‘.’ngnia 22313-1450
`www.uspto.gov
`
`
`
` APPLICATION NUMBER FILING OR 371(C) DATE FIRST NAVED APPLICANT ATTY. DOCKET NOJTITLE
`11/729,355
`03/28/2007
`Christopher J . Schall
`END5915USNP/060330
`CON FIRMATION NO. 6426
`PUBLICATION NOTICE
`
`
`
`I|||I|||||||||||||||||IIILIIIIIIIIIIIIII|||||||I||||||||||III||I||||I||II||II|||I|||I|||
`0000032388957
`
`Title:SURGICAL STAPLING AND CUTTING INSTRUMENT WITH MANUALLY RETRACTABLE FIRING
`MEMBER
`
`Publication No.US-2008-0237298—A1
`Publication Date:10/02/2008
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`NOTICE OF PUBLICATION OF APPLICATION
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`page 1 of 1
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`SCHALL ET AL.
`
`Applicant(s)/Patent under
`
` ApplicationIControlNo. '
`Application Number
`Reexamination
`
`11/729,355
`
`
`
`
`
`
`
`Document Code - DISQ -
`
`Internal Document — DO NOT MAIL
`
`TERMINAL
`DISCLAIMER
`
`E APPROVED
`
`_
`
`[:1 DISAPPROVED
`
`Disclaimer
`
`Date Filed : 09/25/08
`
`This patent is subject
`to a Terminal
`
`Appfoved/Disapproved by:
`
`.
`
`_
`
`‘
`
`
`
`Felicia D. Roberts
`
`1 1/497,936
`
`US. Patent and Trademark Office
`
`12
`
`12
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF CONIIVEERCE
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`Address: COIVLVIISSIONER FOR PATENTS
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`www usptn gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`7590
`26285
`K&L GATES LIP
`ssswmwsmm
`
`PITTSBURGH, PA 15222
`
`10/01/2008
`
`hXAMINhR
`SMITH, SCOITA
`
`3721
`DATE MAILED: 10/01/2008
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`END5915USNP/060330
`Christopher J. Schall
`03/28/2007
`11/729,355
`TITLE OF INVENTION: SURGICAL STAPLING AND CUTTING INSTRUMENT WITH MANUALLY RETRACTABLE FIRING MEMBER
`
`6426
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`
`
`
`PREV. PA ) ISSLE bEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`NO
`
`$1440
`
`$300
`
`$0
`
`$1740
`
`01/02/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAIWINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION fl THE MERITS E CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGI’ITS.
`THIS APPLICATION IS SUBJECT TO WITHDRAVVAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT fl EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`If the SMALL ENTITY is shown as NO:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`II. PART B — FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee Inust be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing an applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL—SS (Rev. 08/07) Approved for use Lhrough 08/31/2010.
`
`Page 1 of 3
`
`13
`
`13
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change ofaddlesg)
`
`26285
`
`7590
`
`10/01/2008
`
`K&l; GATES Ill 4P
`,
`,
`,
`,
`,
`SSVSVS'I‘VHTHEIELD STREET
`I’ll ISBURUI‘I, PA 15222
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`ave its own certificate of mailing or transmission.
`papers. Each additional paper. such as an assignment or formal drawmg. must
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above. or being facsimile
`transmitted to the USPTO (571) 273—2885, on the date indicated below.
`(Deposiloi's iiaIiic)
`(Signature)
`(Date)
`
`
`
`END5915USNP/O60330
`Christopher J. Schall
`03/28/2007
`11/729,355
`TITLE OF INVENTION: SURGICAL STAPLING AND CUTTING INSTRUMENT WITH MANUALLY RETRACTABLE FIRING MEMBER
`
`6426
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`nonprovisional
`EXAMINER
`ART UNIT
`CLASS-SUBCLASS
`
`SMITH, SCOTT A
`3721
`227—176100
`
`NO
`
`$1440
`
`$300
`
`
`
`
`PREV. PA ) ISSLE FEE
`
`TOTAL FEE(S) DUE
`
`$0
`
`$1740
`
`DATE DUE
`
`01/02/2009
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CF 1 1.363).
`
`3 Change of correspondence address (or Change of Correspondence
`Address orm PTO/SB/ 122) attached.
`3 ”Fee Address" indication (or "Fee Address" Indication form
`jTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively.
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`2
`m
`
`
`
`
`
`3. ASSIGNEE NAVIE AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`)LEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`rccordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`
`
`Please check the appropriate as signee category or categories (will not be printed on the patent) : D lndividua D Corporation or other private group entity D Government
`
`
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`3 Payment by credit card. Form PTO—2038 is attached.
`\
`:IThe Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`
`
`
`
`5. Change in Entity Status (from status indicated above)
`:l b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`3 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`
`Date
`
`Typed or printed name
`
`Registration No.
`
`This collection of information is required by 37 CFR 1.311. The information is re uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will varv de endin upon the individual case. Any comments on the amount of time you require to com lete
`this form and/or suggestions for reducing this burden, should be sent to the C ief In ormation Officer, US. Patent and Trademark Office, US. Department of Commerce,
`.0.
`Box 1450. Alexandria, Virginia 2231371450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection ofinformation unless it displays a valid OMB control number.
`
`PTOI.—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OVlB 0651—0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`14
`
`14
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF CONINEERCE
`United States Patent and Trademark Office
`Address: COlVLVIISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria Virginia 22313-1430
`www uspm gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/729,355
`
`03/28/2007
`
`Christopher J. Schall
`
`END5915USNP/060330
`
`6426
`
`K&L GATES L] P
`ssswmwsmm
`
`PITTSBURGH, PA 15222
`
`SMITH, SCOTIA
`
`3721
`DATE MAILED: 10/01/2008
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 19 day( s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 19 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of
`the Office of Patent Publication at 1-(888)-786-0101
`or
`(571)-272-4200.
`
`PTOL—SS (Rev. 08/07) Approved for use Lhrough 08/31/2010.
`
`Page 3 of 3
`
`15
`
`15
`
`

`

`
`
`Applicant(s)
`Application No.
`11/729,355 SCHALL ET AL.
`
`Notice of Allowability
`Examiner
`Art Unit
`Scott A. Smith 3721
`
`
`
`-- 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. E This communication is responsive to the terminal disclaimer filed on 9/25/08.
`
`2. E The allowed claim(s) is/are 1-10 and 12-20.
`
`3. I] Acknowledgment is made ofa claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) [I All
`b) [I Some*
`c) [I None
`of the:
`1. El Certified copies of the priority documents have been received.
`2. El Certified copies of the priority documents have been received in Application No.
`3. El Copies ofthe certified copies ofthe 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” ofthis 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. I] CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`(a) El including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`1) El hereto or 2) [I to Paper No./Mai| Date
`(b) I] including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| 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. El 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. El Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. IE Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date 9/25/08
`4. El Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application
`6. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`.
`Examiner's Amendment/Comment
`
`7.
`
`8. El Examiner's Statement of Reasons for Allowance
`
`9. El Other
`
`
`
`
`
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Part of Paper No./Mai| Date 200