IN THE UNITED STATES PA TENT AND TRADEMARK OFFICE
`
`Attorney Docket No. 024051/0135
`
`Applicant:
`
`Gary Allan KEMP II at al.
`
`Title:
`
`CLICK BASED TRADING WlTH INTUITIVE GRID DISPLAY OF
`MARKET DEPTH
`
`Serial No.:
`
`09/590,692
`
`Filed:
`
`June 9, 2000
`
`Examiner:
`
`Weisberger,fiichard C.
`
`Art Unit:
`
`3624
`
`Allowed:
`
`July 31, 2002
`
`Commissioner for Patents
`Washington, D.C. 20231
`ATTN: OFFICE OF PETITIONS
`
`PETITION FOR WITHDRAWAL OF APPLICATION FROM ISSUE
`UNDER 37 C.F.R. § 1.313IcMZ)
`
`Request for Continued Examination in compliance with 37 C.F.R. §1.114 and
`
`Sir:
`
`1.
`from issue.
`
`PETITION
`
`Applicant hereby petitions for the withdrawal of this application
`
`PATENT ISSUE FEE
`
`2.
`
`The issue fee for
`
`this case was paid on August 12, 2002.
`
`Applicant has been advised on November 12, 2002 by the Office of‘ Petitions
`
`that sufficient time remains before the patent issue date to consider (and grant)
`
`this petition under 37 C.F.R. 1.313(c)(2).
`
`REASON FOR WITHDRAWAL
`
`3.
`
`Withdrawal
`
`from issue is
`
`required to permit consideration of a
`
`
`
`Page 1 of 8
`
`TRADING TECH EXHIBIT 2289
`TRADESTATION v. TRADING TECH
` CBM2015-00161
`
`
`
`Attorney Docket No. 024051/0135
`
`Applicant:
`
`Gary Allan KEMP II at al.
`
`Title:
`
`CLICK BASED TRADING WlTH INTUITIVE GRID DISPLAY OF
`MARKET DEPTH
`
`Serial No.:
`
`09/590,692
`
`Filed:
`
`June 9, 2000
`
`Examiner:
`
`Weisberger,fiichard C.
`
`Art Unit:
`
`3624
`
`Allowed:
`
`July 31, 2002
`
`Commissioner for Patents
`Washington, D.C. 20231
`ATTN: OFFICE OF PETITIONS
`
`PETITION FOR WITHDRAWAL OF APPLICATION FROM ISSUE
`UNDER 37 C.F.R. § 1.313IcMZ)
`
`Request for Continued Examination in compliance with 37 C.F.R. §1.114 and
`
`Sir:
`
`1.
`from issue.
`
`PETITION
`
`Applicant hereby petitions for the withdrawal of this application
`
`PATENT ISSUE FEE
`
`2.
`
`The issue fee for
`
`this case was paid on August 12, 2002.
`
`Applicant has been advised on November 12, 2002 by the Office of‘ Petitions
`
`that sufficient time remains before the patent issue date to consider (and grant)
`
`this petition under 37 C.F.R. 1.313(c)(2).
`
`REASON FOR WITHDRAWAL
`
`3.
`
`Withdrawal
`
`from issue is
`
`required to permit consideration of a
`
`
`
`Page 1 of 8
`
`TRADING TECH EXHIBIT 2289
`TRADESTATION v. TRADING TECH
` CBM2015-00161
`
`
`
`Serial No. 09/590,692
`
`Attorney Docket No. 024051/0135
`
`consideration of an Information Disclosure Statement under 37 C.F.R. §l.97,
`
`which have been filed concurrently herewith.
`
`A check in the amount of $130.00 to cover the filing fee is enclosed.
`
`ELLIS 00586
`
`Should addifioual fees be necessary in connection with the filing at this paper, or if a petition for extension of time is
`reun for timely acceptance of same, the Commissioner is hereby authorized to charge Deposit Account No. 1941741 for
`any such fees. and applicants) hereby petition for any needed extension of time.
`
`Respectfully submitted,
`
`w/(fl/
`
`Ankur D. Shah
`Registration No. 41, 514
`
`muemgel.
`
`IZl a»;
`‘
`
`Date
`
`FOLEY & LARDNER
`
`Washington Harbour
`3000 K Street, N.W., Suite 500
`Washington, DC. 20007-5109
`Telephone:
`(202) 672-5300
`Facsimile:
`(202)572-5399
`
`0029226151
`
`
`
`Page 2 of 8
`
`
`
`IN THE UNI: c‘D STA TES PA TENT AND TRADEMAhK OFFICE
`
`Applicant:
`
`Gary Allan KEMP II at al.
`
`Attorney Docket No. 024051/0135
`
`Title:
`
`CLICK BASED TRADING WITH INTUITIVE GRID DISPLAY OF
`MARKET DEPTH
`
`Serial No.:
`
`09/590,692
`
`Filed:
`
`June 9, 2000
`
`Examiner:
`
`_
`
`Weisberger, Richard C.
`
`Art Unit:
`
`3624
`
`Allowed:
`
`July 31 , 2002
`
`REQUEST EOR CONTINUED EXAMINATION (RCE)
`TRANSMITTAL
`
`Commissioner for Patents
`Box RCE
`Washington, DC. 20231
`
`v Sir:
`
`ELLIS 00587
`
`This is a Request for Continued Examination IRCE) under 37 C.F.R. § 1.114 of
`the above-identified application. This RCE and the enclosed items listed below are being
`filed prior to the earliest of: (1) payment of the issue fee (unless a petition under 37
`C.F.R.
`§ 1.313 is granted); (2) abandonment of the application; or I3) the filing of "a
`notice of appeal to the US. Court of Appeals for the Federal Circuit under 35 U.S.C.
`§141, or the commencement of a civil action under 35 U.S.C. §145 or §146 [unless the
`appeal or civil action is terminated).
`
`1. Submission retLuired under 37 C.F.R. §l.114:
`a. Previously submitted:
`
`(check items that apply)
`
`I
`
`I
`
`[
`
`I
`
`I
`
`I
`
`I
`
`I
`
`Please enter and consider the amendment/reply previously filed on
`
`Please consider the Affidavitis)/Declaration(s) previously filed on
`_ but not considered.
`
`Please consider the arguments in the Appeal Brief or Reply Brief
`under 37 C.F.R. § 1.115 previously filed on
`Other _.
`
`b. Enclosed are:
`
`[ X I
`
`Petition to Withdraw of Application from Issue under 37 C.F.R. §
`1.313Ic)(2).
`
`I X I
`
`Information Disclosure Statement.
`
`[ X I
`
`Form PTO 58/08 with copies of 7 listed references.
`
`I
`
`] Amendment/Reply.
`
`
`
`Page 3 of 8
`
`
`
`ELLIS 00588
`
`The Commissioner is hereby authorized to charge any additional fees which may
`be required regarding this application under 37 C.F.R. §§ 1.16~1.17, or credit
`any overpayment, to Deposit Account No. 19-0741. Should no proper payment
`be enclosed herewith, as by a check being in the wrong amount, unsigned, post—
`dated,
`otherwise
`improper
`or
`informal
`or
`even
`entirely missing,
`the
`Commissioner is authorized to charge the unpaid amour.
`Deposit Account No.
`19-0741.
`
`Serial No. 09/590,692
`
`Attorne:
`
`ocket No. 024051/0135
`
`Affidavit(Si/Declarationls).
`
`[
`
`] Other .
`
`Miscellaneous:
`
`]
`
`[
`
`Suspension of action of the above-identified application is requested
`under 37 C.F.R. § 1.103(c) for a period of __ months.
`The filing fee is calculated below:
`
`Claims
`as Amended
`
`Pleviously
`Paid For
`
`Extra Claims Present
`
`Rate
`
`Fee Totals
`
`RCE Fee 1.17lel
`=
`67
`Total Claims: T —
`=
`6
`independents:
`6
`—
`First presentationWe Dependent Claims:
`
`o
`O
`
`$740.00
`$18.00
`$84.00
`x
`$280.00
`+
`CLAIMS FEE TOTAL:
`
`$740.00
`$0.00
`$0.00
`$0.00
`$740.00
`
`I
`
`I
`
`Applicant hereby petitions for an extension of time under 37 C.F.R. §1.136la) for
`the total number of months checked below:
`
` [
`
`Extension (or response liled within the first month:
`Extension for response filed within the second month:
`
`$110.00
`$400.00
`
`I
`I
`
`]
`
`]
`]
`
`[
`
`I
`
`I
`[
`
`$0.00
`$0.00
`
`$0.00
`
`Extension for response filed within the third month:
`
`$920.00
`
`Extension for response filed within the fourth month:
`Extension for response filed within the fifth month:
`
`$1,440.00
`$1,960.00
`EXTENSION FEE TOTAL:
`
`$0.00
`‘—
`$0.00
`$0.00
`
`CLAIMS AND EXTENSION FEE TOTAL:
`$740.00
`Small Entity Fees Apply (subtract 9': of above):
`$370.00
`Suspension of action requested under 37 C.F.R. § 1.103(0) $0.00
`
`
`TOTAL FEE: $370.00
`
`[X I
`
`A check in the amount of $500.00 ($130.00/Petition Fee & $370.00/Filing Fee)
`is enclosed.
`
`[X l
`
`0023226391
`
`
`
`Page 4 of 8
`
`
`
`Serial No. 09/590,692
`
`Attorne\
`
`)cket No. 024051/0135
`
`Please direct all correspondence to the undersigned attorney or agent at
`address indicated below.
`
`the
`
`FOLEY & LARDNER
`Washington Harbour
`3000 K Street, N.W., Suite 500
`Washington, DC. 20007—5143
`Telephone:
`(202) 672-5300
`Facsimile:
`(202) 6725399
`
`ELLIS 00589
`
`NaveirnBEfL 1% sz/
`Date
`
`Respectfully submitted,
`
`fl fl/M
`Ankur D. Shah
`Registration No. 41,514
`
`002.922639.1
`
`
`
`Page 5 of 8
`
`
`
`IN THE UNITED STA TES PA TENT AND TRADEMARK OFFICE
`
`Attorney Docket No. 024051/0135
`
`Applicant:
`
`Gary Allan KEMP ll et al.
`
`Title:
`
`Serial No.:
`
`09/590,692
`
`Filed:
`
`June 9, 2000
`
`Examiner:
`
`Weisberger, Richard C.
`
`Art Unit:
`
`3624
`
`Allowed:
`
`July 31, 2002
`
`CLICK BASED TRADING WITH INTUITIVE GRID DISPLAY OF
`MARKET DEPTH
`
`ELLIS 00590
`
`INFORMATION DISCLOSURE STATEMENT
`UNDER 37 CFR §1.56 and 37 CFR §1 .97
`
`Commissioner for Patents
`Washington, D.C. 20231
`
`Sir:
`
`Submitted herewith on Form PTO-SB/OB is a listing of documents known
`
`to Applicants in order to comply with Applicants’ duty of disclosure pursuant to
`
`37 CFR 1.56. A copy of each listed document is being submitted to comply
`
`with the provisions of 37 CFR 1.97 and 1.98. Both Silverman references were
`
`previously submitted with Applicants' Petition to Make Special, and Applicants
`
`believe the Silverman references are already of
`
`record in the application;
`
`however, in an abundance of caution Applicants are re-submitting the Silverman
`
`references on the enclosed Form PTO—SB/O8.
`
`It is requested that the documents
`
`be given careful consideration and that they be cited of record in the prosecution
`
`history of the present application so that they will appear on the face of the
`
`patent issuing from the present application.
`
`The submission of any document herewith, which is not a statutory bar, is
`
`not intended as an admission that such document constitutes prior art against
`
`
`
`Page 6 of 8
`
`
`
`7
`
`Serial No. 09/590,692
`
`Attorney Docket No. 024051/0135
`
`that such document Visrconsi'deredx
`the present application or
`the claims of
`material to patentability as defined in 37 CPR V§L56(b)prpllcants do not waive
`any rights to take anyrractionr'whichxwould be appropriate to antedate or
`otherwise remove as '5 competent reference any document which is determined
`"to be a prima facie prior art
`reference against
`the claims of
`the present
`application.
`
`ELLIS 0059 1
`
`to therexaminat‘lonrof the
`Portions of the references may be material
`pending claims, however no such admission? is intended.
`37 C.F.R. 1.97 (h).
`The references havernotrbee’ri’reviewed in sufficient detail to make any other
`representationrarid, in particular, no representation is intended as to the relative
`importance of any portion of the references.
`
`77
`TIMING OF THE DISCLOSURE
`The instant Information Disclosure Statement is 'be'ingrfiled in compliance
`with 37 C.F.R. §1.97(b) rwithinrthree 7(3)? months of the filing date of a request
`for continued examination (RCE) in the above-identified application.
`
`0029226711
`
`
`
`Page 7 of 8
`
`
`
`Serial No. 09/590,692
`
`Attorney Docket No. 024051 /01 35
`
`[VINE«854 IZ!
`
`290z
`
`Date
`
`Respectfully submitted,
`
`fl‘D/fi
`
`Ankur D. Shah
`Registration No. 41,514
`
`Applicants respectfully request that the listed documents be considered by
`the Examiner and formally be made of record in the presant application and that
`an initialed copy of Form PTO/SB/O8 be returned in accordance with MPEP
`§609.
`
`ELLIS 00592
`
`FOLEY & LARDNER
`Washington Harbour
`3000 K Street, N.W., Suite 500
`Washington, DC. 20007-5143
`Telephone:
`(202) 672-5300
`Facsimile:
`(202) 672-5399
`
`per, or if a petition for extension of time is
`Should additional fees be necessary in connection with the filing of this pa
`to charge Deposit Account No. 190141 for
`required for timely acceptance of same, the Commissloner is hereby authorized
`any such fees, and applicants) hereby petition for any needed extension of time.
`
`0029226771
`
`
`
`Page 8 of 8
`
`
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