`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
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`
`APPLICATION NO.
`
`11/729,355
`
`ISSUE DATE
`
`02/17/2009
`
`PATENT NO.
`
`7490749
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`END5915USNP/060330
`
`7590
`
`01/28/2009
`
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`APPLICANT(s) (Please see PAIR WEBsite http://pair.uspto.gov for additional applicants):
`
`Christopher J. Schall, Cincinnati, OH;
`Chad P. Boudreaux, Cincinnati, OH;
`
`IR103 (Rev. 11/05)
`
`1
`
`IS 1002
`
`1
`
`IS 1002
`
`

`

`Page 1 of |
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`UNFTED STATES DEPARTMENT OF COMMERCE
`United States Patent and Tradumuck Office
`Address; COMMISSIONER FOR PATENTS
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`WWw.UEpto.gov. CONFIRMATION NO. 6426
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`Cl credit
`
`Bib Data Sheet
`
`FILING OR 371(c)
`
`SERIAL NUMBER GROUP ART UNIT|ATTORNEYDOCKETsaipaiego?
`
`
`mess
`RULE
`3721
`ENDS5915USNP/060330
`APPLICANTS
`Christopher J. Schall, Cincinnati, OH;
`Chad P. Boudreaux, Cincinnati, OH;
`
`ie He CONTINUING DATA RRREIKKEKEKAK ERK RK RAK IK
`
`belted FOREIGN APPLICATIONS REKKKKAKEKRE REE KREKEREK
`
`IF REQUIRED, FOREIGN FILING LICENSE GRANTED
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`ForeignPriority claimed
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`tions STATE OR|SHEETSg TOTAL |INDEPENDEN
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`
`
`85 USC 119 (a-d) conditionsLdyesbudnoSdMet after COUNTRY|DRAWING|CLAIMS CLAIMS
`Allowance
`met
`OH
`25
`20
`3
`Examiner's Signature
`
`Initials
`
`SURGICAL STAPLING AND CUTTING INSTRUMENT WITH MANUALLY RETRACTABLE FIRING MEMBER
`
`FILING FEE
`RECEIVED
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`|FEES: Authority has been given in Paper
`jNo.
`to charge/credit DEPOSIT ACCOUNT
`for following:
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`Cl) all Fees
`C) 1.16 Fees( Filing )
`Q 1.17 Fees ( Processing Ext. of
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`2
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`

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`PART B - FEE(S) TRANSMITTAL
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`Complete and sendthis form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`we
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`aul hog or
`lransmission
`that thisFee(s Transmittal isbeing depositedath the United
`Thereb certi
`ervice with
`sufficient postage for
`first class mail
`in an envelope
`tates
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`facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(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 PUBLICATION FEE DUE|PREV.PAID [ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`EXAMINER
`
`NO
`
`$4440.
`ART UNIT
`
`$1,510
`
`$300
`CLASS-SUBCLASS
`
`$0
`
`$4740- $1,810
`
`01/02/2009
`
`227-176100
`3721
`SMITH, SCOTT A
`
`
`2. Forprinting on the patentfront page,list
`1, Change of correspondence address orindication of "Fee Address" (37
`
`CFR 1.363).
`(1) the names of up to 3 registered ‘patent attorneys
`1
`Change of correspondence address (or Change of Correspondence
`or agents OR,alternatively,
`
`Address form PTO/SB/122) attached.
`,
`2
`(2) the name ofa single firm (having as amembera
`
`registered attorney or agent) and the namesof up to
`(Cd "Fee Address" indication (or "Fee Address"Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`3
`2 registered patent attorneys or agents. Ifnonameis
`
`listed, no namewill be printed.
`Numberis required.
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`PLEASE NOTE:Unless an assignee is identified below, no assignee data will appear on the patent.
`If an assignee is identified below, the document has been filed for
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`(A) NAME OF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`Ethicon Endo-Surgery,
`Cincinnati, Ohio
`
`Inc.
`
`
`
`() tndividualPlease check the appropriate assignee category or categories (will not be printed on the patent): Corporation or other private groupentity (A Government
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`4b. Payment of Fee(s); (Please first reapply any previously paid issue fee shown above)
`4a, The following fee(s) are submitted:
`(JA check is enclosed.
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`J The Directoris hereby authorized to charge the required fee(s), any deficiency, or credit any
`L.] Advance Order- # of Copies
`overpayment, to Deposit Account Number _11~11.10
`5. Change in Entity Status (from status indicated above)
`/
`Ll a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`a b. Applicantis no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`
`
`NOTE:TheIssue Fee and Publicatiop-F
`required)-wiT/afot be accepted from anyoneother than the applicant; a registered attorney or agent; or the assignee orotherparty in
`interest as shownby the records o6#
`ited
`States Coser
`amark Office.
`
`oY
`petals
`in
`La
`
`
`
`AuthorizedSignatuOSes
`VLE)
`Date
`December 2, 2008
`
`pS
`
`34,324
`Thomas J. Edgington
`
`Registration No.
`This collection of information is required by 37 CFR 1.311. The information is required to obtain or retain a benefit by the public whichis to file (and by the USPTOto process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14.
`This collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO,Time will v:
`depending upon the individual case. Any comments on the amountof time you require to complete
`this form and/or suggestions for reducing this burden, should be sent to
`the Chief Information Officer, U.S. Patent and Trademark Office, U.S, Department of Commerce,
`P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissionerfor Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respondto a collection of information unless it displays a valid OMB control number.
`
`Typed orprinted name
`
`PTOL-85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651-0033
`
`U.S.Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`3
`
`

`

`PTO/SB/122 (11-08)
`Approvedforuse through 11/30/2011. OMB 0651-0035
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unlessit displays a valid OMB control number.
`
`Application Number
`
`
`
`Addressto:
`Sk Po
`Cc
`issi
`for Patent
`
`3724
`anime Po#A Sem
`i
`
`11/728,355
`
`CHANGE OF
`
`CORRESPONDENCE ADDRESS
`Mareh 28, 2007
`
`
`Application
`Christopher J. Schall
`
`
` Art Unit
`
`
`Alexandria, VA 22313-1450
`
`
`
`
`
`
` Attorney Docket Number END5915USNP/060330
`
`
`
`
`
`
`
`Please change the Correspondence Address for the above-identified patent application to:
`CI The address associated with
`Customer Number:
`
`OR
`
`Firm or
`Individual Name Johnson & Johnson
`One Johnson & Johnson Plaza
`
`Address
`
`City
`
`New Brunswick
`
`ZIP og993-7003
`
`
`Country USA
`Telephone
`
`This form cannot be used to change the data associated with a Customer Number. To change the
`data associated with an existing Customer Numberuse “Request for Customer Number Data Change” (PTO/SB/124).
`
`| am the:
`
`Applicant/Inventor
`
`Assignee of record of the entire interest.
`Statement under 37 CFR 3.73(b) is enclosed. (Form PTO/SB/96).
`
`Attorney or agentof record. Registration Number 34,324
`
`Registered practitioner named in the application transmittalletter in an application without an
`executed oath or declaration. See 37 CFR 1.33(a)(1). Registration Number.
`
`KY
`Typedor Printéd ThomasJ. Edgingto!
`Date December2, 2008
`Telephone(,15) 355-8303
`NOTE:Signaturesofall the inventors or assignees of record of the entire interest or their representative(s) are required. Submit multiple
`forms if more than one signature is required, see below*,
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`*Total of__1 forms are submitted.
`
`This collection of information is required by 37 CFR 1.33. The information is required to obtain or retain a benefit by the public whichis to file (and by the USPTO
`fo process) an application. Confidentiality is governed by 35 U.S.C, 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 3 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon theindividual case. Any comments on
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`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMSTO THIS
`ADDRESS. SEND TO: Commissionerfor Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
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`4
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`

`

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`Electronic Patent Application Fee Transmittal
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`ain|co|ty)ac|a
`
`Basic Filing:
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`Claims:
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`
`Miscellaneous-Filing:
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`Patent-Appeals-and-Interference:
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`Post-Allowance-and-Post-Issuance:
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`5
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`Miscellaneous:
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`
`
`Sub-Total in
`Description USD($) Fee Code Quantity Amount
`
`Total in USD ($)
`
`
`
`
`
`
`
`
`
`6
`
`

`

`
`
`Electronic Patent Application Fee Transmittal
`
`
`
`
`
`MANUALLY RETRACTABLE FIRING MEMBER
` Title of Invention:
`
`SURGICAL STAPLING AND CUTTING INSTRUMENTWITH
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`tility under 35 USC 111(a) Filing Fees
`
`
`Sub-Total in
`
`Fee Code Quantity AmountDescription. USD($)
`
`
`
`
`
`
`
`Utility Appl issue fee 1501 P|te|1510
`
`
`1 Publ. Fee- early, voluntary, or normal 1504
`
`
`a U
`
`
`
`
`
`Basic Filing:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-interference:
`
`Post-Allowance-and-Post-Issuance:
`
`300
`
`-
`
`300
`
`7
`
`

`

` Extension-of-Time:
`
`
`Miscellaneous:
`
`
`Sub-Totalin
`
`
`Quantity
`Amount
`
`
`
`
`USD($)
`
`Total in USD($)
`
`1810
`
`
`
`8
`
`

`

`Electronic AcknowledgementReceipt
`
`EFS ID:
`
`4381027
`
`Application Number:
`
`11729355
`
`International Application Number:
`
`
`
`Confirmation Number:.
`
`Title of Invention:
`
`SURGICALSTAPLING AND CUTTING INSTRUMENT WITH MANUALLY
`RETRACTABLE FIRING MEMBER
`
`es
`
`16:26:45 Application Type:
`
`
`
`Attorney Docket Number: . ENDS5915USNP/060330
`
`
`
`
`
`Receipt Date: 02-DEC-2008
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`Filing Date: 28-MAR-2007
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`Utility under 35 USC 111(a)
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`Paymentinformation:
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`File Listing:
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`263003.
`Issue_Publication_Fee_Paymen
`:
`cb32aa9f4aceSa2db<2b48bfa9c634bedaeq
`t.pdf
`Art
`
`fo .
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`Multipart Description/PDFfiles in .zip description
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`DocumentDescription
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`Issue Fee Payment (PTO-85B)
`
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`Changeof Address
`
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`2_copy7
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`Fee Worksheet (PTO-06)
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`fee-info.pdf
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`769380a49c92bcBe0Gd1c1dfb$959d22738)
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`This Acknowledgement Receipt evidencesreceipt on the noted date by the USPTOof the indicated documents,
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`
`
`
` APPLICATION NUMBER FILING OR 371(C) DATE FIRST NAMED APPLICANT ATTY. DOCKET NO./TITLE
`11/729,355
`03/28/2007
`ChristopherJ. Schall
`END5915USNP/060330
`CONFIRMATION NO. 6426
`PUBLICATION NOTICE
`
`26285
`K&L GATES LLP
`
`535 SMITHFIELD STREET
`
`PITTSBURGH, PA 15222
`
`
`
`MATA000000032388957
`
`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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`11
`
`11
`
`

`

`
` lication Number
`Applicant(s)/Patent under
`App
`Reexamination
`.
`
`
`
`
` 11/729,355
`
`
`
`
`
`Internal Document — DO NOT MAIL
`
`
`
`This patent is subject
`to a Terminal
`Disclaimer
`
`11/497,936
`
`
`
`Application/Control No.
`
`—
`
`
`
`
`
`
`
`
`Document Code - DISQ .
`
`TERMINAL
`DISCLAIMER
`
`J APPROVED
`
`
`
`[1] DISAPPROVED
`
`oO
`Date Filed : 09/25/08
`
`Approved/Disapproved by:
`
`.
`
`Felicia D. Roberts
`
`U.S. Patent and Trademark Office
`
`12
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
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`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`7590
`26285
`K&I. GATEST.I.P
`535 SMITIIFIELD STREET
`PITTSBURGH, PA 15222
`
`10/01/2008
`
`EXAMINER
`SMITH, SCOTT A
`PAPER NUMBER
`
`a
`DATE MAILED: 10/01/2008
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKET NO.
`
`CONFIRMATION NO.
`
`ENDS59 15USNP/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 PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`NO
`
`$1440
`
`$300
`
`$0
`
`$1740
`
`01/02/2009
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`THIS APPLICATION IS SUBJECTTO WITHDRAWAL FROMISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CER 1.313 AND MPEP 1308.
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`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
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`THIS
`STATUTORY PERIOD CANNOT BE 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 REPLYTO THIS NOTICE:
`
`I. Review the SMALL ENTITYstatus shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALLENTITYstatus:
`
`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 shownabove, 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 amountof the ISSUE FEE shownabove,or
`
`B. If applicant claamed SMALL ENTITYstatus before, or is now
`claiming SMALL ENTITYstatus, 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,orits equivalent, must be completed and returned to the United States Patent and TrademarkOffice
`(USPTO) with your ISSUE FEE and PUBLICATIONFEE(if required). If you are charging the fec(s) to your deposit account, section "4b"
`of Part B - Tee(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 must be clearly made, and delays in processmg may occurdueto the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`UI. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEEunless advisedto the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenancefees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 08/07) Approved for use Chrough 08/31/2010.
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`PARTB- FEE(S) TRANSMITTAL
`
`Complete and sendthis form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (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
`indicated 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 | for any changeof address)
`
`26285
`
`7590
`
`10/01/2008
`
`K&I. GATES LIP
`‘
`Wh
`Th
`935SMITHEIELD STREET
`PITTSBURGH, PA 15222
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) ‘lransmittal. his certificate cannot be used for any other accompanying
`papers. Hach additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`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.
`(Depositor's nate)
`(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 PUBLICATION FEE DUE|PREV. PAID ISSUE FEESMALL ENTITY ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`nonprovisional
`EXAMINER
`
`NO
`
`$1440
`
`$300
`
`$0
`
`$1740
`
`01/02/2009
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`
`
`227-176100
`
`2. For printing on the patent front page,list
`(1) the names ofup to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) the nameofa 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 nameis
`listed, no name will be printed.
`
`2
`a
`
`
`
`SMITH, SCOTT A
`
`3721
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`LI change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LY "Ree Address"indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Numberis required.
`
`
`
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as sct forth in 37 CFR 3.11. Completion of this form is NOT a substitute forfiling an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`
`
`Please check the appropriate assignee categoryor categories (will not be printed on the patent) :
`
`Cd individual LJ Corporation or other private group entity (J Government
`
`4a. The following fee(s) are submitted:
`LI issue Fee
`LY Publication Tee (No small entity discount permitted)
`Ly Advance Order - # of Copies
`
`
`
`
`
`Ab. Paymentof Fee(s): (Please first reapply any previously paid issue fee shown above)
`LI A check is enclosed.
`LI Paymentby credit card. Form PTO-2038 is attached.
`[J The 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).
`
`5. Change in Entity Status (from status indicated above)
`LI b. Applicantis no longer claiming SMALL ENTITYstatus. See 37 CFR 1.27(g)(2).
`(da. Applicant claims SMALL ENTITYstatus. See 37 CFR 1.27.
`NO'E: The Issue Kee 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 partyin
`interest as shown bythe records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Typedor printed name
`
`
`
`Date
`
`Registration No.
`
`This collection of information is required by 37 CFR 1.311. The informationis required to obtain or retain a bencfit by the public which is to file (and by the USPTOto process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of lime you require lo complete
`this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce,
`P.O.
`Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Underthe Paperwork Reduction Act of 1995, no personsare required Lo respond to a collection of information unless il displays a valid OMB control number.
`
`PTOT.-85 (Rev. 08/07) Approved for use through 08/3 1/2010.
`
`OMB 0651-0033
`
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE:
`
`14
`
`14
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1456
`Alexandria, Virginia. 22313-1450
`www, uspto. gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKET NO.
`
`CONFIRMATION NO.
`
`11/729,355
`
`03/28/2007
`
`ChristopherJ. Schall
`
`END5915USNP/060330
`
`6426
`
`K&I. GATEST.I.P
`535 SMITIIFIELD STREET
`PITTSBURGH, PA 15222
`
`SMITH, SCOTT A
`
`a
`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) wasfiled in the above-identified application, the filing date that
`determines Patent Term Adjustmentis 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) WEBsite (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-85 (Rev. 08/07) Approved for use Chrough 08/31/2010.
`
`Page 3 of 3
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`15
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`

`
`
`Notice of Allowability
`
`Applicant(s)
`Application No.
`11/729,355 SCHALL ET AL.
`
`Examiner
`Art Unit
`
`Scott A. Smith
`
`-- The MAILING DATEof 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 ALLOWASBILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at theinitiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. K] This communication is responsive to the terminal disclaimerfiled on 9/25/08.
`
`2. &] Theallowedclaim(s) is/are 1-10 and 12-20.
`
`3. [J Acknowledgmentis madeof a claim forforeign priority under 35 U.S.C. § 119(a)-(d) or(f).
`a)O All
`=b)L) Some*
`c)[)None
`ofthe:
`1. 1] Certified copies of the priority documents have been received.
`2. C1 Certified copies of the priority documents have been received in Application No.
`3. [1] Copies of the certified copies of the priority documents have beenreceivedin 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 ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. [] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENTor NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. [] CORRECTED DRAWINGS(as“replacement sheets”) must be submitted.
`(a) [1] including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`1) hereto or 2) [J to Paper No/Mail Date.
`(b) [] including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mail Date_.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as suchin the header according to 37 CFR 1.121(d).
`
`6. [] DEPOSIT OF and/or INFORMATIONabout the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`
`
`3721
`
`Attachment(s)
`1. [] Notice of References Cited (PTO-892)
`2. [] Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. [KX] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date 9/25/08
`4. Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. [1 Notice of Informal Patent Application
`6. FJ Interview Summary (PTO-413),
`Paper No./Mail Date
`:
`Examiner's Amendment/Comment
`
`7.
`
`8. [] Examiner's Statement of Reasonsfor Allowance
`
`9. (J Other
`
`.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20080928
`
`16
`
`16
`
`

`

`Application/Control Number: 11/729,355
`Art Unit: 3721
`
`Page 2
`
`EXAMINER’S AMENDMENT
`
`1.
`
`An examiner’s amendmentto the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment maybefiled as provided
`
`by 37 CFR 1.312. To