`Application No.
`Applicant(s)
`
`
`
`
` _ _ . . t3i237,184 WEISS, KENNETH P.
`
`
`Applicant-initiated intervrew Summary
`_
`_
`Examiner
`Art Unit
`
`3552
`CALVIN CHEUNG
`
`
`All participants (applicant, applicant's representative, PTO personnel}:
`
`(1) CAL ViN CHEUNG.
`
`(3mm Anastasi (negr 37755;.
`
`(2} Matthew Grad}; (negrr 529571.
`
`(4)
`
`.
`
`Date of Interview: 07 March 2073.
`
`Type:
`
`El Tetephonic Cl Video Conference
`El Personal {copy given to: D applicant E appticant’s representative]
`
`Exhibit shown or demonstration conducted:
`If Yes. brief description:
`
`[I Yes
`
`IX} No.
`
`Issues Discussed D101 E112 E102 E103 DOthers
`tl-‘cir each of the checked hoxfes} above. please describe betow the issue and detaiied description of the disco ssion}
`
`
`Ctaim(s) discussed: it 15 and 20.
`
`Identification of prior art discussed: prior art of record.
`
`Substance of Interview
`l'i-er each issue discussed. provide a detaiied description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation. proposed amendments. arguments of any applied references etc...)
`
`Main discussion obiective was to pro vide greater ciarification of invention as it relates to ciairn ianguage. it was
`pointed out to the Examiner that the pending aggiication contains an additionai step that is not found in the prior art
`Weiss. After further discussion, review, and consideration; the Examiner agreed. To further ctarifz the invention as a
`whore, ctaim 2 Witt be rotted into ciaim i and subiect matter reiated with claim 2 wiii be added to the other indegendent
`ctaims..
`
`
`
`
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`Appiicant recordation instructions: The formal written reply to the East Office action must include the substance of the interview. (See MPEP
`section 713.04). it a reply to the East Office action has already been filed. applicant is given a non -extendable period of the longer of one month or
`thirty days from this interview date, or the melting date oi this interview summary term, whichever is tater, to tile a statement oi the substance oi the
`interview
`
`Examiner recordation instructions: Examiners must summarize the substance 0! any interview of record. A compiete and proper recordation of
`the substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`D Attachment
`tCALViN CHEUNGi
`Examiner, Art Unit 3662
`
` US. Patent and Trademark Office
`PTOL—41 3 (Rev. 8H 1i2010}
`Interview Summary
`Paper No. 20130308A
`VISA - EXHIBIT 1210
`
`VISA - EXHIBIT 1210
`
`
`
`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record
`A complete written statement as to the substance ol any face-to-Iace. video conference. or telephone interview with regard to an application must be made of record in the
`application whether or not an agreement with the examiner was reached at the interview.
`
`Summary of Record of Interview Requirements
`
`Title 3? Code at Federal Regulations (CFRJ § 1.133 Interviews
`Paragraph (b)
`
`In every instance where reconsideration is requested in view of an interview with an examiner. a complete written statement of the reasons presented at the interview as
`warranting favorable action must be filed by the applicant. An interview does not remove the necessity for reply to Olfice action as specified in §§ 1.111. 1.135. (35 U.S.C. 132)
`
`3? CFR §1.2 Business to be transacted in writing.
`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`Trademark Oltice is unnecessary. The action of the Patent and Trademark Ollice will be based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise. stipulation. or understanding in relation to which there is disagreement or doubt.
`
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
`incomplete through the failure to record the substance of interviews.
`it is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
`the examiner indicates he or she will do so.
`It is the examiner‘s responsibility to see that such a record is made and to correct material inaccuracies
`which bear directly on the question of patentability.
`
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`
`The Interview Summary Form shall be given an appropriate Paper No, placed in the right hand portion of the file, and listed on the
`”Contents” section of the file wrapper.
`in a personal interview. a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview.
`In the case of a telephone or video-conference interview, the copy is mailed to the applicant's correspondence address
`either with or prior to the next official communication. if additional correspondence from the examiner is not likely before an allowance or if other
`circumstances dictate, the Form should be mailed promptly after the intenriew rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`— Application Number (Series Code and Serial Number)
`— Name of applicant
`— Name of examiner
`— Date of interview
`
`— Type of interview (telephonic, videoconference, or personal}
`— Name of participantfs) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`— An indication whether or not an exhibit was shown or a demonstration conducted
`
`— An identification of the specific prior art discussed
`— An indication whether an agreement was reached and if so, a description of the general nature of the agreement {may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
`not restrict further action by the examiner to the contrary.
`— The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
`
`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substance of the interview.
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`interview Summary Forth completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
`examiner can be understood in the context of the application file. or course, the applicant may desire to emphasize and fully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed. and
`7) if appropriate, the general resuils or outcome of the interview unless already described in the Interview Summary Form completed by
`the examiner.
`Examiners are expected to carefully review the applicant's record of the substance of an interview.
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
`
`If the record is not complete and
`
`Examiner to Check for Accuracy
`
`if the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner's version of the
`statement attributed to him or her.
`if the record is complete and accurate, the examiner should place the indication, “interview Record OK” on the
`paper recording the substance of the interview along with the date and the examiner‘s initials.
`
`