Case 5:15-cv-02008-EJD Document 87-3 Filed 04/19/16 Page 1 of 3
`Case 5:l5—cv—O2008—EJD Document 87-3 Filed 04/19/16 Page 1 of 3
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`EXHIBIT 17
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`EXHIBIT 17
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`Case 5:15-cv-02008-EJD Document 87-3 Filed 04/19/16 Page 2 of 3
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`" -
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`~----------------
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`~
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`Notice of Allowability
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`r"'\ .. c_ ----~--------~---/'~,__ _________ ___ _
`Application No.
`09/054,740
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`.~
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`Applicant(s;
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`Wolzien
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`Examiner
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`John W. Miller
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`Group Art Unit
`2611
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`Ali 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 and Issue Fee Due or other appropriate communication will be mailed
`in due course
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`~This communication is responsive to~t~h~e~a=m~e~n~d=m~e~n~t~fi~!e~d~1~~~5=A~O~O~----------------------~
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`~The allowed claim(s) is/are 18-29 (re-numbered as 1-12)
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`'] The drawings filed on ___________ are acceptable.
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`[,Acknowledgement is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d).
`[]Some*
`[J:J.Jone of the CERTIFIED copies of the priority documents have been
`[J All
`n received.
`D received in Application No. (Series Code/Serial Number) __________ _
`D received in this national stage application from the International Bureau (PCT Rule 17.2(a)).
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`*Certified copies not rece ived : - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (cid:173)
`!] Acknowledgement is made of a claim for domestic priority under 35 U.S.C. § 119(e).
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`A SHORTENED STATUTORY PERIOD FOR RESPONSE to comply with the requirements noted below is set to EXPIRE
`THREE MONT~OM THE "DATE MAILED" of this Office action. Failure to timely comply will result in
`ABANDONMENT of this application. Extensions of time may be obtained under the provisions of 37 CFR 1.136(a).
`
`11 Note the attached EXAMINER'S AMENDMENT or NOTICE OF INFORMAL APPLICATION, PT0-152, which discloses that
`~ the oath or declaration is deficient. A SUBSTITUTE OATH OR DECLARATION IS REQUIRED.
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`~ Applicant MUST submit NEW FORMAL DRAWINGS
`!)\] because the originally filed drawings were declared by applicant to be informal.
`!' including changes required by the Notice of Draftsperson's Patent Drawing Review, PT0-948, attached hereto or to
`Paper No. __ _
`u including changes required by the proposed drawing correction filed on ___________ , which has been
`approved by the examiner.
`D including changes required by the attached Examiner's Amendment/Comment.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the reverse side of
`the drawings. The drawings shouid be fiied as a separate paper with a transmittai iettter addressed to the Officiai
`Draftsperson.
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`[1 Note the attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
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`Any response to this letter should include, in the upper right hand corner, the APPLICATION NUMBER (SERIES
`CODE/SERIAL NUMBER). If applicant has received a Notice of Allowance and Issue Fee Due, the ISSUE BATCH NUMBER
`and DATE of the NOTICE OF ALLOWANCE should also be included.
`
`l\ttach ment( s)
`,-, Notice of References Cited, PT0-892
`Information Disclosure Statement(s), PT0-1449, Paper No(s). ____ _
`
`__' Notice of Draftsperson's Patent Drawing Review, PT0-948
`CJ Notice of Informal Patent Application, PT0-152
`[J Interview Summary, PT0-413
`[l Examiner's Amendment/Comment
`r-· Examiner's Comment Regarding Requirement for Deposit of Biological Material
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`Examiner's Statement of Reasons for Allowance
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`~- s
`P> ""
`1 C) ern and Trademark Office
`-37 (Rev 9-95)
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`/eJOHN W. MILLER
`PRIMARY EXAMINER
`ART UNIT 2611
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`Notice of Allowability
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`Part of Paper r\)o.
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`15
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`OPENTV2008-00001634
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`Case 5:15-cv-02008-EJD Document 87-3 Filed 04/19/16 Page 3 of 3
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`UNITED STATES c{';~.!\.RTMENT OF COMMERCE
`Patent and Tradent~Sk Office
`Y-1)\
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`NOTICE OF ALLOWANCE AND ISSUE FEE DUE
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`·,:,;
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`'i,··- i-····
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`APPLICATION NO.
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`FILING DATE
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`TOTAL CLAIMS
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`EXAMINER AND GROUP ART UNIT
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`DATE MAILED
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`first Named
`Applicant
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`TITLE OF
`INVENTION
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`ATTY'S DOCKET NO.
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`I CLASS-SUBCLASS I BATCH NO.
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`I
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`APPLN.TYPE
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`SMALL ENTITY
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`FEE DUE
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`DATE DUE
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`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED.
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`THE ISSUE FEE 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 BE EXTENDED.
`
`How TO RESPOND TO THIS NOTICE:
`I. Revievv the Srv1ALL Et~TIT'r' status shown above.
`11 the SMALL ENTITY is shown as YES, verify your
`current SMALL ENTITY status:
`
`A. If the status is changed, pay twice the amount of the
`FEE DUE shown above and notify the Patent and
`Trademark Office of the change in status, or
`13. If the status is the same, pay the FEE DUE shown
`above.
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`If the SMALL ENTITY is shown as NO:
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`A. Pay FEE DUE shown above, or
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`11
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`1
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`1
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`1
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`11
`1
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`B. File verified statement of Small Entity Status before, or with,
`payment of 1/2 the FEE DUE shown above.
`· Part 8-lssue Fee Transmittal should be completed and returned to the Patent and Trademark Office {PTO) with your
`ISSUE FEE. Even if the ISSUE FEE has already been paid by charge to deposit account, Part B Issue Fee Transmittal
`should be completed and returned. If you are charging the ISSUE FEE to your deposit account, section "4b" of Part
`El-Issue Fee Transmittal should be completed and an extra copy of the form should be submitted.
`· All communications regarding this application must give application number and batch number.
`: Please direct all communications prior to issuance to Box ISSUE FEE unless advised to the contrary.
`1~PORTANT REMiNDER: Utiiity patents issuing on 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.
`f'/\TE~rr /W![) TR/\[;•f'C:P/\f\SH\ OP:FIC.~ GQ?•y
`~ta
`l-as (REV. 10-96) Approved for use through 06/30/99. {0651-0033)
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`OPENTV2008-00001635