IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Attorney Docket No. 024051/0135
`
`Applicant:
`
`Gary Allan KEMP II et al.
`
`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
`
`PETITION FOR WITHDRAWAL OF APPLICATION FROM ISSUE
`UNDER 37 C.F.R. § 1.313{c)(2)
`
`Commissioner for Patents
`Washington, D.C. 20231
`ATTN: OFFICE OF PETITIONS
`
`Sir:
`
`1 .
`
`Applicant hereby petitions for the withdrawal of this application
`
`PETITION
`
`from issue.
`
`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
`
`Request for Continued Examination in compliance with 37 C.F.R. § 1.114 and
`
`ELLIS 00585
`
`Page 1 of 8
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`TRADING TECH EXHIBIT 2289
`IBG et al. v. TRADING TECH. - CBM2016-00054
`
`

`

`Serial No. 09/590,692
`
`Attorney Docket No. 024051/0135
`
`consideration of an Information Disclosure Statement under 37 C.F.R. § 1.97,
`
`which have been filed concurrently herewith.
`
`A check in the amount of $130.00 to cover the filing fee is enclosed.
`
`Respectfully submitted,
`
`Date
`
`Ankur D. Shah
`Registration No. 41 , 51 4
`
`FOLEY & LARDNER
`Washington Harbour
`3000 K Street, N.W., Suite 500
`Washington, D.C. 20007-5109
`Telephone:
`(202) 672-5300
`Facsimile:
`(202) 672-5399
`
`Should additional fees be necessary in connection with the filing of this paper, or if a petition for extension of time is
`required for timely accepl3nce of same, the Commissioner is hereby authorized to charge Deposit Account No. 19-07 41 for
`any such fees, and applicant(s) hereby petition for any needed extension of time.
`
`002.922615.1
`
`ELLIS 00586
`
`Page 2 of 8
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`TRADING TECH EXHIBIT 2289
`IBG et al. v. TRADING TECH. - CBM2016-00054
`
`

`

`IN THE UNJ, cD STATES PATENT AND TRADEMAhl( OFFICE
`
`Applicant:
`
`Gary Allan KEMP II et 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 FOR CONTINUED EXAMINATION IRCE)
`TRANSMITTAL
`
`Commissioner for Patents
`Box RCE
`Washington, D.C. 20231
`
`Sir:
`
`This is a Request for Continued Examination (RCE) 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 (3) the filing of ·a
`notice of appeal to the U.S. 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 required under 37 C.F.R. §1.114: (check items that apply)
`
`a. Previously submitted:
`[ 1
`
`Please enter and consider the amendment/reply previously filed on
`
`[ 1
`
`[ 1
`
`Please consider the Affidavit(s)/Declaration(s) previously filed on
`but not considered.
`
`Please consider the arguments in the Appeal Brief or Reply Brief
`under 37 CaF.R. § 1.116 pieviously filed on_.
`
`[ 1
`
`Other
`
`b. Enclosed are:
`
`[ X 1 Petition to Withdraw of Application from Issue under 37 C.F.R. §
`1.313(cf(2).
`
`[ X 1
`
`Information Disclosure Statement.
`
`[ X 1 Form PTO SB/08 with copies of 7 listed references.
`
`Amendment/Reply.
`
`ELLIS 00587
`
`Page 3 of 8
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`
`

`

`Serial No. 09/590,692
`
`Attorne·.
`
`Jcket No. 024051/0135
`
`Affidavit(s)/Declaration(s).
`
`Other.
`
`Miscellaneous:
`
`[ 1
`
`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
`
`Previously
`Paid For
`
`RCE Fee 1.17(el
`
`Total Claims:
`
`Independents:
`
`67
`
`6
`
`67
`
`6
`
`0
`
`0
`
`First presentation of any Multiple Dependent Claims:
`
`Extra Claims Present
`
`Fee Totals
`
`Rate
`
`$740.00
`
`X
`
`$18.00
`
`$84.00
`
`X
`+
`CLAIMS FEE TOTAL:
`
`$280.00
`
`$740.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$740.00
`
`[ 1
`
`Applicant hereby petitions for an extension of time under 37 C.F.R. § 1.136(a) for
`the total number of months checked below:
`
`Extension lor response filed within the first month:
`
`Extension for response filed within the second month:
`
`[ I
`
`Extension for response filed within the third month:
`
`Extension for response filed within the fourth month:
`
`Extension for response filed within the fifth month:
`
`$110.00
`
`$400.00
`
`$920.00
`
`$1,440.00
`
`$1,960.00
`
`[ I
`
`[ I
`
`[XI
`
`I I
`
`EXTENSION FEE TOTAL:
`
`CLAIMS AND EXTENSION FEE TOTAL:
`
`Small Entity Fees Apply (subtract % of above):
`
`Suspension of action requested under 37 C.F.R. § 1.103(c)
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`$740.00
`
`$370.00
`
`$0.00
`
`TOTAL FEE:
`
`$370.00
`
`[X 1 A check in the amount of $500.00 ($130.00/Petition Fee & $370.00/Filing Fee)
`is enclosed.
`
`[ X 1 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(cid:173)
`dated, otherwise
`improper or
`informal or even entirely missing,
`the
`Commissioner is r~uthorized to charge the unpaid amount to Deposit Account i..Jo.
`19-0741.
`
`002.922639.1
`
`ELLIS 00588
`
`Page 4 of 8
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`TRADING TECH EXHIBIT 2289
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`
`

`

`Serial No. 09/590,692
`
`Attorne)
`
`Jcket No. 024051/0135
`
`Please direct all correspondence to the undersigned attorney or agent at the
`address indicated below.
`
`Respectfully submitted,
`
`Ankur D. Shah
`Registration No. 41 , 514
`
`Date
`
`FOLEY & LARDNER
`Washington Harbour
`3000 K Street, N.W., Suite 500
`Washington, D.C. 20007-5143
`(202) 672-5300
`Telephone:
`(202) 672-5399
`Facsimile:
`
`002.922639.1
`
`ELLIS 00589
`
`Page 5 of 8
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`TRADING TECH EXHIBIT 2289
`IBG et al. v. TRADING TECH. - CBM2016-00054
`
`

`

`IN THE UNITED STATES PATENT A.'VD TRADEMARK OFFICE
`
`Attorney Docket No. 024051/0135
`
`Applicant:
`
`Gary Allan KEMP II et al.
`
`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
`
`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/08 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/08. 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
`
`ELLIS 00590
`
`Page 6 of 8
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`

`

`Serial No. 09/590,692
`
`Attorney Docket No. 024051/0135
`
`the claims of the present application or that such document is considered
`
`material to patentability as defined in 37 CFR § 1.56(b). Applicants do not waive
`
`any rights to take any action which would be appropriate to antedate or
`
`otherwise remove as a competent reference any document which is determined
`
`to be a prima facie prior art reference against the claims of the present
`
`application.
`
`Portions of the references may be material to the examination of the
`
`pending claims, however no such admission is intended. 37 C.F.R. 1.97 (h).
`
`The references have not been reviewed in sufficient detail to make any other
`
`representation and, in particular, no representation is intended as to the relative
`
`importance of any portion of the references.
`
`TIMING OF THE DISCLOSURE
`
`The instant Information Disclosure Statement is being filed in compliance
`
`with 37 C.F.R. § 1.97(b) within three (3) months of the filing date of a request
`
`for continued exa-mination (RCE) in the above-identified application.
`
`002.922677.1
`
`ELLIS 00591
`
`Page 7 of 8
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`

`

`Serial No. 09/590,692
`
`Attorney Docket No. 024051/0135
`
`Applicants respectfully request that the listed documents be considered by
`
`the Examiner and formally be made of record in the present application and that
`
`an initialed copy of Form PTO/SB/08 be returned in accordance with MPEP
`
`Respectfully submitted,
`
`Ankur D. Shah
`Registration No. 41,514
`
`§609.
`
`Date
`
`FOLEY & LARDNER
`Washington Harbour
`3000 K Street, N.W., Suite 500
`Washington, D.C. 20007-5143
`Telephone:
`(202) 672-5300
`Facsimile:
`(202) 672-5399
`
`Should additional fees be necessary in connection with the filing of this paper, or if a petition for extension of time is
`required for timely acceptance of same, the Commissioner is hereby authorized to charge Deposit Account No. 19-0741 for
`any such fees, and applicanl(s) hereby petition for any needed extension of time.
`
`002.922677.1
`
`ELLIS 00592
`
`Page 8 of 8
`
`TRADING TECH EXHIBIT 2289
`IBG et al. v. TRADING TECH. - CBM2016-00054
`
`