A0 120 Rev. 08/10
`
`TRADEMARK
`
`TO
`'
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`on the following
`I:I Trademarks or mm. (
`
`[:I the patent action involves 35 U.S.C. § 292.):
`
`DOCK T NO.
`IA ’
`PLAINTIFF
`
`DATE FILED
`
`U.S. DISTRICT COURT
`
`DEFENDANT
`
`PATENT OR
`TRADEMARK NO.
`
`HOLDER OF PATENT OR TRADEMARK
`
`
`
`[:1 Cross Bill
`
`[:1 Other Pleading
`
`
`
`In the above—entit1ed case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`
`(BY) DEPUTY CLERK
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4——Case file copy
`ATAS International
`Inc
`Exhibit 1002
`Page 1 of 173
`
`1
`
`DATE INCLUDED
`
`INCLUDED BY
`
`[__-I Answer
`
`I:I Amendment
`PATENT OR
`DATE OF PATENT
`TRADEMARK NO.
`OR TRADEMARK
`HOLDER OF PATENT OR TRADEMARK
`-—
`
`
`
`

`
`Case 2:12-cv—OO954-TFM Document 1 Filed 07/10/12 Page 1 of 6
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
`
`CENTRIA,
`
`Plaintiff,
`
`v.
`
`Civil Action No.
`
`JURY TRIAL DEMANDED
`
`CLEBURNE SHEET METAL
`
`Defendant.
`
`
`COMPLAINT AND DEMAND FOR JURY TRIAL
`
`Plaintiff Centria (hereinafter, “Centria”), by and through its undersigned counsel, hereby
`
`alleges the following against Defendant Clebume Sheet Metal (hereinafler, “Cleburne”):
`
`THE PARTIES
`
`1.
`
`Centria is a Pennsylvania partnership having its principal place of business
`
`located at 1005 Beaver Grade Road, Moon Township, PA 15108.
`
`2.
`
`Upon information and belief, Cleburne is a Texas corporation having its principal
`
`place of business located at 6432 Nine Mile Bridge Road, Fort Worth, TX 76135.
`
`JURISDICTION AND VENUE
`
`3.
`
`Centria brings this action under the Patent Laws of the United States, Title 35 of
`
`the United States Code. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 and § 1338.
`
`Page 2 of 173
`
`

`
`Case 2:12-cv-0O954—TFM Document 1 Filed 07/10/12 Page 2 of 6
`
`4.
`
`Centria is the owner of all right and title to United States Patent Nos. D527,834
`
`(“the ’834 Patent”) and D538,948 (“the ’948 Patent”), both of which are entitled “Building
`
`Panel.” A true and correct copy of the ’834 Patent is attached hereto as Exhibit A. A true and
`
`correct copy of the ’948 Patent is attached hereto as Exhibit B.
`
`5.
`
`Upon information and belief, Clebume has and continues to manufacture, sell,
`
`and/or offer for sale building panels in the United States and in this judicial district that infringe
`
`the ’834 Patent and the ’948 Patent. Clebume offers for sale and sells its products on the Internet
`
`via its website, www.cleburnesheetmetal.com, which is accessible all over the United States
`
`including this judicial district. Clebume’s website does not purport to preclude prospective
`
`customers within this judicial district from obtaining any of its products or services. This
`
`infringing activity causes injury to Centria and subjects Clebume to personal jurisdiction in this
`
`judicial district.
`
`6.
`
`Venue is proper pursuant to 28 U.S.C. § 1391 and § 1400.
`
`SUMMARY OF FACTS
`
`7.
`
`Centria manufactures, sells, and offers for sale building panels in the United
`
`States including its Concept Series line of building panels, certain of which building panels
`
`embody the designs covered by the ’834 and ’948 Patents.
`
`8.
`
`Clebume manufactures, sells, and offers to sell various building panels in the
`
`United States,
`
`including its CSM Elite Series Wall Systems. A true and correct copy of
`
`Cleburne’s Wall and Soffit Systems brochure obtained from Clebu1ne’s website, which includes
`
`Page 3 of 173
`
`

`
`Case 2:12—cv-00954—TFM Document 1 Filed 07/10/12 Page 3 of 6
`
`depictions and descriptions of its CSM Elite Series Wall Systems,
`
`is attached hereto as
`
`Exhibit C.
`
`9.
`
`On or about July 18, 2011, Centria directly notified Cleburne of Centria’s belief
`
`that certain of Clebume’s building panels infringed the ’834 and ’948 Patents. Cleburne refused
`
`to engage in a business—to-business conversation concerning the dispute and no resolution was
`
`reached by the parties.
`
`10.
`
`Pursuant to Centria’s request, on August 15, 2011, Richard L. Byme, undersigned
`
`counsel
`
`for Centria, sent correspondence to Cleburne identifying certain building panels
`
`manufactured and sold by Cleburne that
`
`infringe the ’834 and ’948 Patents.
`
`In this
`
`correspondence, ceitain of Cleburne’s CSM Elite Seiies Wall Systems were identified in
`
`particular, and it was requested that Cleburne cease and desist its infringing activities. The
`
`correspondence sent to Cleburne on August 15, 2011 is attached hereto as Exhibit D. No
`
`response was received from Cleburne or its counsel.
`
`11.
`
`Notwithstanding the undersigned’s correspondence sent to Clebuine on August
`
`15, 2011 and the prior notification of infringement from Centria directly, Cleburne continues to
`
`manufacture, sell, and offer for sale building panels that infringe the ’834 Patent and the ’948
`
`Patent.
`
`COUNT I:
`
`INFRINGEMENT OF THE ’834 PATENT
`
`12.
`
`Centria repeats and re-alleges each and every averrnent contained in paragraphs 1-
`
`11 hereof as if fully set forth herein.
`
`Page 4 of 173
`
`

`
`Case 2:12-cv—O0954—TFM Document 1 Filed 07/10/12 Page 4 of 6
`
`13.
`
`Clebume has infringed the ’834 Patent at least by making, using, selling or
`
`offering to sell, and by inducing, aiding and abetting, encouraging and contributing to others’ use
`
`of at least the following building panels within its CSM Elite Series Wall Systems: (1) the BB
`
`Elite Wall Panel Series; (2) the BR Elite Wall Panel Series; and (3) the RB Elite Wall Panel
`
`Series. Clebume received notice of the ’834 Patent and Clebume’s infringement thereof at least
`
`as early as July 18, 2011.
`
`14.
`
`Cleburne’s infringement has injured Centria, and Centria is entitled -to recover
`
`damages adequate to compensate them for the infringement
`
`that has occurred,
`
`including
`
`Centria’s lost profits, but in no event less than a reasonable royalty pursuant to 35 U.S.C. § 284.
`
`Centria is additionally and alternatively entitled to recover Clebu;me’s total profit attributable to
`
`the infringing building panels pursuant to 35 U.S.C. § 289.
`
`15.
`
`Clebume has infringed the ’834 Patent with knowledge of the patent and without
`
`legal justification or excuse. Therefore, Cleburne’s infringement has been and is willful.
`
`16.
`
`Centria has been injured and is being injured by Cleburne’s infringement of the
`
`’834 Patent, and Centria will continue to suffer irreparable hann unless Cleburne’s infringement
`
`of the ’834 Patent is enjoined by this Court.
`
`COUNT H:
`
`INFRINGEMENT OF THE ’948 PATENT
`
`17.
`
`Centria repeats and re-alleges each and every averment contained in paragraphs 1-
`
`ll hereof as though fully set foith herein.
`
`Page 5 of 173
`
`

`
`Case 2:12~cv-00954-TFM Document 1 Filed 07/10/12 Page 5 of 6
`
`18.
`
`Cleburne has infringed the ’948 Patent at least by making, using, selling or
`
`offering to sell, and by inducing, aiding and abetting, encouraging and contributing to others’ use
`
`of at least the following building panels within its CSM Elite Series Wall Systems:
`
`the SB Elite
`
`Wall Panel Series. Cleburne received notice of the ’948 Patent and Cleburne’s infringement
`
`thereof at least as early as July 18, 201 l.
`
`19.
`
`Cleburne’s infringement has injured Centria, and Centria is entitled to recover
`
`damages adequate to compensate them for the infringement
`
`that has occurred,
`
`including
`
`Centria’s lost profits, but in no event less than a reasonable royalty pursuant to 35 U.S.C. § 284.
`
`Centria is additionally and alternatively entitled to recover Cleburne’s total profit attributable to
`
`the infringing building panels pursuant to 35 U.S.C. § 289.
`
`20.
`
`Cleburne has infringed the ’948 Patent with knowledge of the patent and without
`
`legal justification or excuse. Therefore, Cleburne’s infringement has been and is willful.
`
`21.
`
`Centria has been injured and is being injured by Cleburne’s infringement of the
`
`’948 Patent, and Centria will continue to suffer irreparable harm unless Cleburne’s infringement
`
`of the ’948 Patent is enjoined by this Court.
`
`WHEREFORE, Centria respectfully requests judgment be entered against Clebunie as
`
`follows:
`
`A.
`
`An award of damages adequate to compensate Centria for the infiingement that
`
`has occurred, in the form of lost profits, a reasonable royalty, and/or Cleburne’s total profit,
`
`together with prejudgment interest from the date the infringement began;
`
`B.
`
`Any other damages permitted in the Court’s equitable discretion,
`
`including
`
`increased damages for willful infringement under 35 U.S.C. § 284;
`
`-5-
`
`Page 6 of 173
`
`

`
`Case 2:12-cv—00954-TFM Document 1 Filed 07/10/12 Page 6 of 6
`
`C.
`
`A finding that this case is exceptional and an award to Centria of its attorneys’
`
`fees and expenses as provided by 35 U.S.C. § 285;
`
`D.
`
`An injunction permanently enjoining Cleburne, and all persons in active concert
`
`or participation with them, from further acts of infringement of the ’834 Patent and the ’948
`
`Patent; and
`
`E.
`
`Such other and further relief as this Court deems proper.
`
`DEMAND FOR JURY TRIAL
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Centria hereby demands a
`
`tiial by jury of all issues triable by jury.
`
`Respectfully submitted,
`
`
`
`
`
`ID No. 27913)
`A ID No. 208711)
`Daniel H. Brean, Esq.
`Justin Martinchek, Esq. (PA ID No. 311471)
`The Webb Law Finn
`
`
`
`Dated July 10, 2012
`
`One Gateway Center
`420 Fort Duquesne Blvd., Suite 1200
`(412) 471-8815
`rbyrne@webblaw.c0m
`dbrean@webblaw.com
`jmaitinchek@Webblaw.com
`
`Page 7 of 173
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.usp‘Io.9ov
`
`BUCHANAN INGERSOLL
`
`& ROONEY PC
`
`P.O. BOX 1404
`ALEXANDRIA VA 22313-1404
`
`In re Application of
`Thimons, et al
`
`Patent No. D527,834
`
`Issue Date: 5 September, 2006
`Application No. 29/203,806
`Filed: 20 April, 2004
`Attorney Docket No. 040040
`
`cgpy MNLED
`
`MAR 1 3 zone
`
`:
`
`: DECISION
`
`This is a notice regarding the request for acceptance of a fee deficiency submission (properly
`considered under 37 C.F.R. §1.28) filed on 18 August, 2006.
`
`The Office regrets the delay in addressing this matter, however, it was presented to the attorneys
`in the Office of Petitions only at this writing
`
`On September 1, 1998, the Court of Appeals for the Federal Circuit held that 37 C.F.R. '1 .28(c)
`is the sole provision governing the time for correction of the erroneous payment of the issue fee
`as a small entity.
`S_e_e_ DH Technology v. Synergystex International, Inc. 154 F.3d 1333, 47
`USPQ2d 1865 (Fed. Cir. Sept. 1, 1998).
`
`The 0[[ice no longer investigates or rejects original or reissue agglications under 3 7 C.F.R.
`§1. 56. 1098 0[[. Gaz. Pat. Oflice 502 (Januagy 3, 19892. Thereiore, nothing in this notice is
`intended to imglg that an investigation was done.
`
`Your fee deficiency submission under 37 C.F.R. §1.28 hereby is ACCEPTED
`
`This file is being released to IFW Files Repository.
`
`Page 8 of 173
`
`

`
`Patent No. D 527,834
`Application No. 29/203,806
`
`The general phone number for the Ofiice of Petitions which should be used for status requests is
`(571) 272-3282, however, it is noted that all practice before the Office is in writing (see: 37
`C.F.R. §1.2‘) and the proper authority for action on any matter in this regard are the statutes 135
`U.S.C.
`re ulations 37 C.F.R. and the commen
`on olic MPEP . Therefore no
`
`telephone discussion may be controlling or considered authority for Petitioner’s action; 5).
`
`l‘
`
`
` Jo J. Gillon, Jr.
`
`Senior Attorney
`Office of Petitions
`
`1
`
`The regulations at 37 C.F.R. §1.2 provide:
`.
`§1.2 Business to be transacted in writing.
`All business with the Patent and Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or
`agents at the Patent and Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written
`record in the Ofiice. No attention will be paid to any alleged oral promise, stipulation, or understanding in relation to which there is disagreement
`or doubt.
`
`Page 9 of 173
`
`

`
`/r’*\
`
`Atty. Ref. No. 040040
`
`
`
`S MAIL MAILING LABEL
`
`l hereby certify that this conespondence is being
`deposited with the United States Postal Service as
`first class mail, postage prepaid, under 37 C.F.R. § 1.8
`on the date indicated below and is addressed to:
`
`Commissioner for Patents
`Po. Box 1450
`Alexandria, Virginia 22313-l450
`
`
`
`ti
`*0
`
`Buchanan lngersgfl & Rooney PC
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`
`PATENT APPLICATION
`
`Thimons et al.
`
`BUILDING PANEL
`
`Serial No.: 29/203,806
`
`Group Art Unit: 2914
`
`Filed: April 20, 2004
`
`Examiner: Doris Clark
`
`PAYMENT OF LARGE ENTITY FEE
`
`03/31/2006 mitmui oooooo42 29203305
`01 FC:I506
`
`790.00 09
`
`Pittsburgh, Pennsylvania 1 5219
`August 16, 2006
`
`Commissioner for Patents
`
`P.O. Box 1450
`
`Alexandria, Virginia 22313-1450
`
`Dear Sir:
`
`It has been uncovered that Applicants inadvertently claimed small entity status when
`
`filing the above-identified application. Accordingly, to ensure that the correct large entity fees
`
`have been paid throughout prosecution of this application, enclosed please find a Form PTO-
`
`2038 authorizing payment of $635.00 in this application. The $635.00 payment is the difference
`
`........... .. vu u V J . ...'
`
`I_.".+..‘..€...c..
`
`1 of 2 Pages
`
`Page 10 of 173
`
`

`
`J
`
`Atty. Ref. No. 040040
`
`between the large entity fees that should have been due and the small entity fees that were
`
`actually paid. Thus, Applicants submit that large entity fees have now been paid throughout the
`
`filing and prosecution of the above-identified application. Applicants revoke its previous small
`
`entity claim.
`
`Also enclosed is a return postcard. Please date stamp the postcard and return it us to
`
`acknowledge receipt of the enclosed documents.
`
`Respect
`
`lly submitte
`
` Registr on No. ,751
`
`
`BUCHANAN INGERSOLL & ROONEY PC
`
`One Oxford Centre
`
`301 Grant Street, 20th Floor
`Pittsburgh, Pennsylvania 15219
`ph: (412) 562-1893
`fx: (412) 562-1041
`e-mail: bryan.opalko@bipc.com
`
`Attorney for Applicant(s)
`
`2 of 2 Pages
`
`Page 11 of 173
`
`

`
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`
`Page 12 of 173
`
`

`
`
`
`A fee is due for the attached document for the reason indicated below. Please check the
`application for the appropriate authorization to charge a deposit account. If an
`authorization is present, please charge the appropriate fee‘. If an authorization is not
`present, notify the application of the fee deficiency.
`
`‘If the fee due is for any of the filing fees, checlc for authorization to charge the
`surcharge.
`ll’ authorization is present, charge the surcharge for late payment of the
`filing fees as well.
`‘
`
`A D ‘Insufficient payment by check or money order.
`
`U lnsuflicient funds in deposit account
`
`D Insufiicient payment by credit card.
`
`i
`
`A V
`
`D Declined credit card.
`/
`
`13 No authorization to charge a deposit account.
`
`Fee code(s) to be ‘applied:
`
`_
`
`K0
`
`g 0
`
`Amount in holding fee code:
`
`'
`
`1622
`
`2622
`
`1999
`
`Total remaining due from applicant
`
`,0
`
`/"
`
`RAM Operator
`
`Rev. 4/20/06
`
`i
`
`[ ‘
`
`L; ,1, ,; 3’:
`
`Page 13 of 173
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`EPARTMENT OF COMMERCE
`UNITED STATE
`United States Patent nnd Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.0. Box.1450 _
`.
`Alexnndnn, Virginia 22313-1450
`www.uSplo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`29/203,806
`
`04/20/2004
`
`Mark A. Thimons
`
`040040
`
`4935
`
`BUCHANAN INGERSOLL & ROONEY PC
`1>.o. BOX 1404
`ALEXANDRIA, VA 22313-1404
`
`CLARK, DORIS
`
`2914
`
`DATE MAILED: 07/06/2006
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`page 14 of 173
`
`

`
`Response to Rule 312 Communication
`
`Application No.
`
`Applicant(s)
`
`29/203,806
`
`Examiner
`
`Doris Clark
`
`THIMONS ET AL.
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address —
`
`1. E The amendment filed on 02 Februam 2006 under 37 CFR 1.312 has been considered, and has been:
`
`a) I] entered.
`
`b) IZ entered as directed to matters of form not affecting the scope of the invention.
`
`c) U disapproved because the amendment was filed after the payment of the issue fee.
`
`Any amendment filed after the date the issue fee is paid must be accompanied by a petition under 37 CFR 1.313(c)(1)
`
`and the required fee to withdraw the application from issue.
`
`d) E] disapproved. See explanation below.
`
`e) I] entered in part. See explanation below.
`
`Note: The infonnation disclosure statement filed February 2, 2006 will not be considered because it does not comply with
`37 C.F.R. 1.98 paragraph (b) (1), (2), (3) (4), or (5), and paragraph (a)(3) (i) and (ii). It has been placed in the application file, but
`the information referred to therein has not been considered as to the merits.
`
`US. Patent and Trademark Oflice
`PTOL-271 (Rev. 04-01)
`
`Reponse to Rule 312 Communication
`
`»
`
`Doris Clark
`
`Primary Examiner
`Art Unit: 2914
`
`Part of Paper No. 20060626
`Page 15 of 173
`
`

`
`FEB 22 '25 12:17 FR wcnnmn maazsou.
`
`RECEIVED T0 915712733329
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`
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`
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`291203-806
`I
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`Mark A Thimons -
`
`
`
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`
`
`
`NON PATENT LITERATURE DOCUMENTS
`
`Include na - onhe author (in CAPITAL L
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`propriate), title or
`
`
`
`the item (boo magazine. journal. serial, symposium. cataIog,etc.). date age(5).volum&Issue
`T’
`
`
`3 3. §5
`
`
`numbe s
`-
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`--
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`Initials‘
`
`--ApplicantAdm: d PriorArt (one page)
`
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`

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`M
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`'
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`“
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`1‘
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`.
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`' '
`
`. PART 3 — FEE(S) TRANSMITTAL 0
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or E (571) 273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used.for transmitting the ISSUE FEE and PUBLICATION FEE (if required . Blocks 1
`ap ropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will
`mailed to the current corres ondence address as
`maintenance ee non ications.
`in _icated unlgss contected below or directed otherwise in Block I, by (a) specifying a new conespondence address; and/or (b) indicating a separate "
`E ADDRESS" for
`
`CWRENTCORRESPONDENCE ADDRESS (N°‘°‘ U5‘ B'°°k ‘ f°”"Y °"‘“5' °f°d‘"“)
`
`23464
`
`7590
`
`11/29/2005
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This ceiti icate carmot be used for any other accompanying
`papers. Each add_itional paper, _such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`
`
`
`
`BUCHANAN INGERSOLL, P.C.
`ONE OXFORD CENTRE’ 301 GRANT ST
`20TH FLOOR
`PITTSBURGH, PA 15219
`
`03/06/2006 LHDHDIHE 00000074 29203006
`
`oz mesoe
`
`APPLICATION NO.
`
`we or
`FILING DATE
`
`
`
`
`04/20/2004
`29/203,806
`TITLE OF INVENTION: BUILDING PANEL
`
`Certificate of Mailing or Transmission
`‘th the United
`that this Fee 5 Trans
`ittal is bein depos'ted
`lhe b certi
`ervice with su icient pxdlsta e for firgt class lmailviii an envelbpe
`State: ostal
`addressed to the Mail Sto
`ISSUE FE
`address above, or bein facsimile
`transmitted to the USPTO ( 71) 273-2885, on the date indicated be ow.
`
`Lo ‘- nne Gfierra
`
`(Deposimrsname)
`
`
`
`
`lLi!la3E7l6‘i
`
`FIRST NAMED INVENTOR
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`040040
`Mark A. Thimons
`
`
`
`4935
`
`
`
`APPLN. TYPE
`
`nonprovisional
`
`SMALL ENTITY
`YES
`
`ISSUE FEE
`$400
`
`PUBLICATION FEE
`$0
`
`TOTAL FEE(S) DUE
`
`$400
`
`DATE DUE
`
`02/28/2006
`
`CLARK, DORIS
`
`2914
`
`D25-I I 9000
`
`
`I. Chan e of correspondence address or indication of "Fee Address" (37
`2. For printing on the patent front page, list
`
`
`CFR l. 63).
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`D Chan e ofcorregmdence address (or Change of Correspondence
`Address orm PTO/
`/I22) attached.
`(2)_the name of a single finn (having as a member a
`registered attorney or agent) and the names of up to
`D "Fee Address“ indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`2 registered patent attorneys or agents. If no name is
`Number is required.
`listed, no name will be printed.
`
`
`
`' uChananIn ersoll PC
`
`2
`
`3
`
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assi
`ee is identified below, no assignee data will appear on_ the patent. If an assignee is identified below, the document has been filed for
`recordation as set forth in 37 CF 3.11. Completion of this fonn is NOT a substitute for filing an assignment.
`.
`
`(A) NAME OF ASSIGNEE
`
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Centria
`
`Moon Township, Pennsylvania
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual XX Corporation or other private group entity D Government
`4a. The following fee(s) are enclosed:
`4b. Payment of Fee(s):
`Issue Fee
`D A check in the amount of the fee(s) is enclosed.
`Publication Fee (No small entity discount permitted)
`X] Payment by credit card. Form PTO-2038 is attached.
`t, t
`cred't an o e a
`,
`' ed f
`D Ad
`Ord
`- #ofCo ' 3
`El Th Director '3 be h
`'
`char e the re
`erVance 0 Pie Deposict Account Numi-Jeery g (e‘r]il(l:lllose aiieggtrzglcopy 0fthis fciirn . ymen
`
`
`
`
`
`
`5. Change in Entity Status (from status indicated above)
`D a. Applicant claims SMALL ENTITY status. See 37 CFR l.27.
`
`Ci b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
`
`
`
`The Director of the USPTO is requested to apply the Issue Fee and Publication Fee (if any) or to re-agiply any previously paid issue fee to the application identified above.
`NOTE: The Issue Fee and Publication Fee (i required) will not be accepted from anyone other than
`e applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Paten and Tra -
`.
`0 ice.
`
`Date
`2- T Z?’
`
`Authorized Signature
`
`Typed or printed name B1’ 3
`
`
`Registration No. 40 7 5 1
`
`This collection of information is required by 37 CFR 1.31 l. The information is reflluired to obtain or retain a benefit b the public which is to file (and by the USPTO to process)
`an application. Confidentialityjs governed by 35 U.S.C. I22 and 37 CFR l.l4.
`is collection is estimated to take I minutes to complete, including gathenng,_prepanng, and
`submitting the completed application form t_o the USPTO. Time will v
`de ending upon. the individual case. Any comments on the amount of time you require to complete
`this form and/or su
`estions for reducing this burden, should be sent to
`e C ief In ormation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce,
`.0.
`Box 1450, Alexan na, Vir inia 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box I450,
`Alexandria, Virginia 2231 -I450.
`Under the Papenivork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL-85 (Rev. 07/05) Approved for use through 04/30/2007.
`
`OMB 065l-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`Page 17 of 173
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`FEB 22 ’B6 12511 FR’ BUCHRNRN INGERSULL
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`TU 9157127383813
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`P.B2
`
`Atty. Ref. No. 040040
`
`.
`RECEIVED
`CENTRAL FAX CENTER
`
`F 0 2
`
`EXPRESS MAIL MADJNG LABEL
`Number. EV 418518600 US
`
`I hereby certify that this paper or fee is being
`deposited with the United States Postal Service
`under 37 C.F.R. l.l0 on the date indicated above
`and is addressed 10 the following:
`
`Mail Stop lssne Fee
`Commissioner for Parents
`P.O. Box M50
`Alexandria. VA 22313-M50
`
`Q ED “E
`
`.
`
`7
`
`I
`
`’
`
`,
`
`Buchanan Inger
`
`IPC
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`
`Thimons et al.
`
`Serial No.: 29/203,806
`
`Filed: April 20, 2004
`
`2
`
`Z
`
`PATENT APPLICATION
`
`BUILDING PANEL
`
`Group Art Unit: 2914
`
`Examiner; Doris Clark
`
`AMENDMENT AFTER ALLOWANCE
`PURSUANT TO 37 C.F.R.
`1.312
`
`Pittsburgh, Pennsylvania 15219
`February 2, 2006
`
`Mail Stop Issue Fee
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, Virginia 22313-1450
`
`Dear Sir:
`
`A Notice of Allowance issued in the above-identified case on November 29, 2005. The
`
`Issue Fee has not yet been paid. Applicants respectfillly request the following amendments be
`
`made to the above-identified application without withdrawing the application from issue.
`
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`1 of 8 Pages
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`Page 18 of 173
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`FEB 02 ’B6 1211 FR BUCHRNRN INGERSULL
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`TU 915712738388
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`P.Z3
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`Any. Ref. No. 040040
`
`Amendments to the Specification begin on page 3 of this Amendment.
`
`Amendments to the Drawings begin on page 6 of this Amendment.
`
`Remarlu/Arguments begin on page 7 of this Amendment.
`
`PAGE 3!41 * RCVD AT 2I2!2006 11:48:38 AM [Eastern standard Time] ‘ SVREUSPTO-EFXRF-6130 * DNlS:2738300‘ CSID: ' DURATION (mm-ss):07-44
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`FEB 82 ’B6 12311 FR BUCHRNFIN INGERSULL
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`TU 915712738388
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`P.Z4
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`Atty. Ref. No. 040040
`
`Amendments to the Specification:
`
`At page 1, line 8, after the Preamble, please delete the drawing descriptions (page 1, line
`
`8 to page 4, line 2) in their entirety and replace it with the following:
`
`-Figure 1 is a perspective view of a building panel showing our new design;
`
`Figure 2 is a left side elevational view thereof;
`
`Figure 3 is a front elevational view thereof;
`
`Figure 4 is a bottom plan view thereof;
`
`Figure 5 is a top plan view thereof;
`
`Figure 6 is a perspective view of two building panels attached together;
`
`Figure 7 is a perspective view of a second embodiment of our new design;
`
`Figure 8 is a left side elevational view thereof;
`
`Figure 9 is a front elevational view thereof;
`
`Figure 30 is a bottom plan view thereof;
`
`Figure 11 is a top plan View thereof;
`
`Figure 12 is a perspective view of two building panels attached together;
`
`Figure 13 is a perspective view of a third embodiment of our new design;
`
`Figure 14 is a left side elevational View thereof;
`
`Figure 15 is a front elevational View thereof;
`
`Figure 16 is a bottom plan view thereof;
`
`Figure 17 is a top plan view thereof;
`
`Figure 18 is a perspective view of two building panels attached together;
`
`Figure 19 is a perspective View of a fourth embodiment of our new design;
`
`Figure 20 is a left side elevational view thereof;
`
`PAGE 4l41 ‘ RCVD AT 2l2l2U06 11:48:38AM [Eastern standard Time] ’ SVR:USPTO-EFXRF-6130’ DNlS:2?38300 * CSID: ' DURATION (mm-ss):0?-44
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`FEB 22 was 12:11 FR BUCHRNFIN INGERSULL
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`TU 915712738388
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`was
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`Atty. Ref. No. 040040
`
`Figure 21 is a front elevational view thereof;
`
`Figure 22 is a bottom plan View thereof;
`
`Figure 23 is a top plan view thereof;
`
`Figure 24 is a perspective view of two building panels attached together;
`
`Figure 25 is a perspective view of a fifih embodiment of our new design;
`
`Figure 26 is a left side elevational View thereof;
`
`Figure 27 is a front elevational view thereof;
`
`Figure 28 is a bottom plan View thereof;
`
`Figure 29 is a top plan view thereof;
`
`Figure 30 is a perspective view of two building panels attached together;
`
`Figure 31 is a perspective view of a sixth embodiment of our new design;
`
`Figure 32 is a lefi side elevational view thereof;
`
`Figure 33 is a front elevational view thereof;
`
`Figure 34 is a bottom plan view thereof;
`
`Figure 35 is a top plan view thereof;
`
`Figure 36 is a perspective View of two building panels attached together;
`
`Figure 37 is a perspective view of a seventh embodiment of our new design;
`
`Figure 38 is a left side elevational view thereof;
`
`Figure 39 is a front elevational view thereof;
`
`Figure 40 is a bottom plan view thereof‘;
`
`Figure 41 is a top plan View thereof; and
`
`Figure 42 is a perspective view of two building panels attached together.
`
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`FEB 82 ’B6 12111 FR BUCHRNRN INGERSDLL
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`TD 9157127383813
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`P.Z6
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`The broken lines axe for illustrative purposes only and form no part of the claimed design.
`
`The claimed design is broken on one side to indicate indefinite length.--
`
`Atty. Ref. No. 040040
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`FEB 82 ’B6 12312 FR BUCHFINRN INBERSEILL
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`TU 915712738388
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`P.B'?
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`Atty. Ref. No. 040040
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`Amendments to the Drawings:
`
`Enclosed herewith is a complete replacement set of drawings (28 sheets) including
`
`Figures I-42. Applicants have made the appropriate corrections to the drawings as indicated in
`
`the Notice of Allowance. Specifically, Applicants have renumbered Figures 43-54 as Figures 31-
`
`42 in view of the cancellation of Figures 31-42, and have shown the second panel in broken lines
`
`in Figures 6, 12, 18, 24, 30, 36 and 42 submitted herewith.
`
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`FEB 92 ’B6 12:12 FR BUCHPINRN INGERSULL
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`TU 91571273s3aa
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`P.@8
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`Atty. Ref. No. 040040
`
`REMARKS
`
`Applicants have made the appropriate amendments to the drawings as required in the
`
`Notice of Allowance. Specifically, Applicants have cancelled Figures 37-42 from the present
`
`application, as required by the Notice of Allowance. Additionally, Applicants have cancelled
`
`Figures 31-36 in view of the newly submitted prior art, which is being submitted in an
`
`lnfon-nation Disclosure Statement filed herewith.
`
`In view of the cancellation of Figures 31-42, Applicants have renumbered Figures 43-54
`
`as Figures 31-42. Additionally, Applicants have shown the second panel in broken lines in
`
`Figures 6, 12, 18, 24, 30, 36 and 42 submitted herewith. For convenience, Applicants are
`
`submitting a complete set of drawings (28 sheets) including Figures 1-42, which include the
`
`amendments indicated above. Applicants submit that the requirements set forth in the Notice of
`
`Allowance have been met.
`
`Applicants are submitting herewith for consideration admitted prior art which recently
`
`came to Applicants‘ attention. Applicants submit that the Building Panel as shown and described
`
`in the Figures is patentable over the admitted prior art. While Applicants have cancelled original
`
`Figures 31-36, this is not an admission that these Figures, nor any other Figures in the
`
`application, are rendered unpatentable over the admitted prior art. Applicants submit that the
`
`admitted prior art is substantially different from the