`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`16/585,790
`
`09/27/2019
`
`Frank HaronPreiss
`
`DMCO007USCon4
`
`6155
`
`81796
`
`7590
`
`04/09/2021
`
`Moyles IP, LLC
`1 Enterprise Drive, Suite 428
`Shelton, CT 06484
`
`EXAMINER
`
`ART UNIT
`
`PAPER NUMBER
`
`MAIL DATE
`
`04/09/2021
`
`DELIVERY MODE
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTOL-90A (Rev. 04/07)
`
`
`
`
`
`Commissionerfor Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`In re Application of
`Preiss etal.
`U.S. Pat. No. 10,844,697
`Issued: November 24, 2020
`For: PERFORATION GUN
`
`COMPONENTS AND SYSTEM
`
`:
`:
`:
`:
`
`NOTIFICATION OF IMPROPER
`PRIOR ART CITATION UNDER
`37 CFR 1.501
`
`The submission filed on March 3, 2021 filed by a third party under 37 CFR 1.501 is hereby
`acknowledged to have been received and reviewed by the Patent and Trademark Office. The
`requirements for a properprior art citation under 37 CFR 1.501 are as follows:
`
`A)prior art submitted must be limited to “written prior art consisting of patents and
`publications”. Any submission that contains any issue not directed to patents and publications
`will not be entered into the file and will be returned unconsidered, despite the fact that it may
`also contain “properly considerable” prior art. MPEP 2205.
`
`B) an explanation of how the person submitting the prior art considersit to be pertinent
`and applicable to the patent.
`
`C) an explanation of whyit is believed that the prior art has a bearing on the patentability
`of any claim of the patent.
`
`D)if filed by a party other than the patent owner, an indication must be present that a
`copy of the submission has been served on the patent owner, or includes a duplicate copy if
`service on the patent owner wasnotpossible.
`
`Theprior art submission filed March 3, 2021 fails to meet the requirement of item A) above.
`Pursuant MPEP 2205, “itihe submission must be directed to patents. printed publications and/or
`written claim scope statements and additional information and cannot discuss what the patent
`owner did, or failed to do, with respect to submitting and/or describing patents and printed
`publications during examination, because that would be a statement as to the conduct of the
`patent owner.” The submission includes statements discussing what the patent owner did during
`examination as well as statements with regards to patent owner’s past grant condnct in a
`proceeding before a Federal court or the Office.
`
`
`
`Application No. 16/585,790
`
`Page 3
`
`Telephone inquiries related to this letter should be directed to Teri P. Luu, Quality Assurance
`Specialist, at (571) 272-7045.
`
`/Katherine Matecki/
`
`Katherine Matecki, Director
`Patent Technology Center 3600
`(571) 272-5250
`
`KM/tl: 03/31/21
`
`Cc:
`
`Bryce A. Johnson
`Buche & Associates, P.C.
`875 Prospect Suite 305
`La Jolla, CA 92037
`
`
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