`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`13/329,077
`
`ISSUE DATE
`
`06/11/2013
`
`60935
`
`7590
`
`05/22/2013
`
`Edmonds & Nolte, PC
`2625 Bay Area Boulevard, Suite 530
`Houston, TX 77058
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`8459346
`
`MOTI—018P1C1
`
`2094
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day(s). Any patent to issue from the above—identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pair.uspto. gov for additional applicants):
`
`W. Lynn Frazier, Corpus Christi, TX;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`IR103 (Rev. 10/09)
`
`MOTI Ex. [2003] p. 1
`
`MOTI Ex. [2003] p. 1
`
`

`

`
`
`
`Application Number
`13329077
`
`
`Filing Date
`2011-12-16
`
` Attorney Docket Number
`
`
`First Named Inventor W. Lynn Frazier
`
`Art Unit | 3672
`Examiner Name
`I MOTI-O18P1C1
`
`INFORMATION DISCLOSURE
`
`STATEMENT BY APPLICANT
`
`( Not for submission under 37 CFR 1.99)
`
`0')4:.
`
`51 13940
`
`1992-05-19
`
`Glaser
`
`
`
`
`
`0')U1
`
`5117915
`
`5154228
`
`U)*4
`
`5183068
`
`
`
`CbangcCs) a-Plie&
`to
`
`'51'1‘8‘1'8'2' 5,i 88,i 82.
`
`/§~l>~/
`
`5/11/2015
`
`5207274
`
`*40
`
`5209310
`
`*4 a
`
`5224540
`
`*4N
`
`5230390
`
`*400
`
`5234052
`
`~44:.
`
`5253705
`
`
`
`1992-06-02
`
`Mueller, et al.
`
`1992-10-13
`
`Gambertoglio, et al.
`
`1993-02-02
`
`Prosser
`
`1993-02-23
`
`Echols, III, et al.
`
`1993-05-04
`
`Streich, et al.
`
`1993-05-11
`
`Clydesdale
`
`1993-07-06
`
`Streich, et al.
`
`Zastresek, et al.
`
`1993-07-27
`
`1993-08-10
`
`1993-10-19
`
`Clary, et al.
`
`EFS Web 2.1.17
`
`ALL REFERENCES CONSEDERED EXCEPT WHERE LENED THROUGH.
`
`I’REE/
`
`MOTI Ex. [2003] p. 2
`
`MOTI Ex. [2003] p. 2
`
`

`

`
`
`
`Application Number
`13329077
`
`
`Filing Date
`2011-12-16
`
` Attorney Docket Number
`
`
`First Named Inventor W. Lynn Frazier
`
`Art Unit | 3672
`Examiner Name
`I MOTI-018P1C1
`
`INFORMATION DISCLOSURE
`
`STATEMENT BY APPLICANT
`
`( Not for submission under 37 CFR 1.99)
`
`4:.N
`
`4432418
`
`1984-02-21
`
`Mayland
`
`
`
`4:.00
`
`4436151
`
`4:.4:.
`
`4437516
`
`4457376
`
`4493374
`
`4532995
`
`4554981
`
`4566541
`
`4585067
`
`0')
`
`(II4:-4:--i>-4:-4:-D(D"-4U1
`
`03
`
`(II a
`
`4595052
`
`
`
`1984-03-13
`
`Callihan, et al.
`
`1984-03-20
`
`Cockrell
`
`1984-07-03
`
`Carmody,
`
`et al
`
`1985-01-15
`
`Magee, Jr.
`
`1985-08-06
`
`Kaufman
`
`1985-11 -26
`
`Davies
`
`1986-01 -28
`
`Moussy, et al.
`
`1986-04-29
`
`Blizzard, et al.
`
`1986-06-17
`
`Kristiansen
`
`07/1986
`3
`
`Stehling, et al.
`
`MOTI EX. [2003] p. 3
`ALL REFERENCES CONSEDERED EXCEPT WHERE LENED THROUGH.
`/REF/
`
`Changecs) .Sglied 4602654
`tO C.
`
`/5EES/Web2.‘l.17
`5/1 1/2015
`
`
`
`MOTI Ex. [2003] p. 3
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`60935
`
`7590
`
`04/26/2013
`
`Edmonds & Nolte, PC
`2625 Bay Area Boulevard, Suite 530
`Houston, TX 77058
`
`FULLER, ROBERT EDWARD
`
`3676
`
`DATE MAILED: 04/26/2013
`
`12/16/2011
`13/329,077
`TITLE OF INVENTION: BOTTOM SET DOWNHOLE PLUG
`
`W. Lynn Frazier
`
`MOTI—018P1C1
`
`2094
`
`
`
`
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`SMALL
`
`$890
`
`$300
`
`$0
`
`$1190
`
`07/26/2013
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) 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.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shown above.
`
`If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled
`"Change in Entity Status (from status indicated above)".
`
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility 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.
`
`PTOL—85 (Rev. 02/11)
`
`Page 1 0f4
`
`MOTI EX. [2003] p. 4
`
`MOTI Ex. [2003] p. 4
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`or m (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 be mailed to the current correspondence address as
`indicated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change ofaddFESS)
`
`7590
`60935
`Edmonds & Nolte, PC
`-
`2625 Bay Area Boulevard, Su1te 530
`Houston, TX 77058
`
`04/26/2013
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`apers. Each additional paper, such as an assignment or formal drawing, must
`gave its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`S(tiaites Poistal Sflqrvice vlvith sufficient postage(fir first lglass mailbin an Envelope
`a
`resse
`to
`e Mai Stop ISSUE FEE a
`ress a ove, or
`eing acsimi e
`transmitted to the USPTO (571) 273—2885, on the date indicated below.
`(Depositor's name)
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`
` F {ST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/16/2011
`13/329,077
`TITLE OF INVENTION: BOTTOM SET DOWNHOLE PLUG
`
`W. Lynn Frazier
`
`MOTI—018P1C1
`
`2094
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`$3 00
`
`$0
`
`$1190
`
`07/26/2013
`
`166— 135000
`
`nonprovisional
`
`SMALL
`
`FULLER, ROBERT EDWARD
`
`$890
`
`3676
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`
`3 Chan e of correspondence address (or Change of Correspondence
`Address orm PTO/SB/ 122) attached.
`
`3 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`Vumber is required.
`
`
`
`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`
`
`
`
`2
`
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`'3 Individual
`
`'3 Corporation or other private group entity '3 Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`
`
`
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`
`3 Payment by credit card. Form PTO—2038 is attached.
`3 The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`
`
`PTOL—85 (Rev. 02/11)
`
`Page 2 of 4
`
`MOTI EX. [2003] p. 5
`
`MOTI Ex. [2003] p. 5
`
`

`

`5. Change in Entity Status (from status indicated above)
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
` 3 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see form PTO/SB/ 15A and 15B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Typed or printed name
`
`
`Date
`
`Registration No.
`
`This collection of information1s required by 37 CFR 1. 311. The information1s re uired to obtain or retain a benefit by the public which1s to file (and by the USPTO to process)
`an application. Confidentiality1s governedby 35 U.S.C. 122 and 37 CFR 1. 14.Tl1is collection1s estimated to take 12 minutes to complete including gathering, prepar1ng, and
`submitting the completed application form to the USPTO. Time will v
`eendin upon the individual case. Any comments on the amount of time you require to complete
`this form and/or su gestions_ for reducing this burden should be sent to
`eC ief In ormation Officer U.S. Patent and Trademark Office U.S. Department of Commerce P.O.
`Box 1450 Alexandgria, Virg1nia 22313— 1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents P.O. Box 14,50
`Alexandria, Virginia 22313— 1450.
`Under the Paperwork 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. 02/11) Approved for use through 08/31/2013.
`
`OMB 0651—0033
`
`US. Patent and Trademark OffiMQ'Bl. Emfiflfifikpofi COMMERCE
`
`Page 3 of 4
`
`MOTI Ex. [2003] p. 6
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`F {ST NAMED INVENTOR
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/329,077
`
`12/16/2011
`
`W. Lynn Frazier
`
`MOTI—018P1C1
`
`2094
`
`60935
`
`7590
`
`04/26/2013
`
`Edmonds & Nolte, PC
`2625 Bay Area Boulevard, Suite 530
`H TX 77058
`
`FULLER, ROBERT EDWARD
`
`3676
`
`DATE MAILED: 04/26/2013
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 0 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 0 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1—(888)—786—0101 or (571)—272—4200.
`
`PTOL—85 (Rev. 02/11)
`
`Page4 0f4
`
`MOTI EX. [2003] p. 7
`
`MOTI Ex. [2003] p. 7
`
`

`

`Privacy Act Statement
`
`The Privacy Act of 1974 (PL. 93-579) requires that you be given certain information in connection with
`your submission of the attached form related to a patent application or patent. Accordingly, pursuant to
`the requirements of the Act, please be advised that: (l) the general authority for the collection of this
`information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the
`principal purpose for which the information is used by the US. Patent and Trademark Office is to process
`and/or examine your submission related to a patent application or patent. If you do not furnish the
`requested information, the US. Patent and Trademark Office may not be able to process and/or examine
`your submission, which may result in termination of proceedings or abandonment of the application or
`expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom
`of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of
`records may be disclosed to the Department of Justice to determine whether disclosure of these
`records is required by the Freedom of Information Act.
`A record from this system of records may be disclosed, as a routine use, in the course of presenting
`evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel
`in the course of settlement negotiations.
`. A record in this system of records may be disclosed, as a routine use, to a Member of Congress
`submitting a request involving an individual, to whom the record pertains, when the individual has
`requested assistance from the Member with respect to the subject matter of the record.
`A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency
`having need for the information in order to perform a contract. Recipients of information shall be
`required to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5
`U.S.C. 552a(m).
`. A record related to an International Application filed under the Patent Cooperation Treaty in this
`system of records may be disclosed, as a routine use, to the International Bureau of the World
`Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`. A record in this system of records may be disclosed, as a routine use, to another federal agency for
`purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy
`Act (42 U.S.C. 218(c)).
`to the Administrator,
`. A record from this system of records may be disclosed, as a routine use,
`General Services, or his/her designee, during an inspection of records conducted by GSA as part of
`that agency's responsibility to recommend improvements in records management practices and
`programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance
`with the GSA regulations governing inspection of records for this purpose, and any other relevant
`(i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about
`individuals.
`
`. A record from this system of records may be disclosed, as a routine use, to the public after either
`publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35
`U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a
`routine use, to the public if the record was filed in an application which became abandoned or in
`which the proceedings were terminated and which application is referenced by either a published
`application, an application open to public inspection or an issued patent.
`. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local
`law enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
`regulation.
`
`MOTI EX. [2003] p. 8
`
`MOTI Ex. [2003] p. 8
`
`

`

`
`
`.
`.
`.
`Notice of Allowability
`
`Application No.
`13/329,077
`'
`EagggE FULLER
`
`Applicant(s)
`FRAZIER, W. LYNN
`'
`AIA(First|nventor to
`:37?“
`Fire) Status
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All 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 (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IXI This communication is responsive to the Amendment filed February 21 , 2013.
`
`
`I] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`3. E The allowed claim(s) is/are 2 3 6-8 12-15 1721-24 and 27-50. As a result of the allowed claim(s), you may be eligible to benefit from
`the Patent Prosecution Highway program at a participating intellectual property office for the corresponding application. For more
`
`
`
`h/indexis ‘ or send an inquiry to PPeredbackL us ‘10. CV .information, please see htt ‘://'www.us to.‘ (M atents/init events/
`
`
`; the restriction
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`
`Certified copies:
`
`a) [I All
`
`b) I] Some
`
`*c) I] None of the:
`
`1. El Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No. _
`
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Interim copies:
`
`a) [I All
`
`b) El Some
`
`c) [I None of the:
`
`Interim copies of the priority documents have been received.
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. I] CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`
`I] including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. El Notice of References Cited (PTO-892)
`
`2. X Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`3. El Examiner‘s Comment Regarding Requirement for Deposit
`of Biological Material
`4. IX Interview Summary (PTO-413),
`Paper No./Mai| Date 20130419.
`
`5. IX Examiner‘s Amendment/Comment
`
`6. [Z Examiner‘s Statement of Reasons for Allowance
`
`7. El Other
`
`
`
`US. Patent and Trademark Office
`PTOL-37 (Rev. 03-13)
`
`Notice of Allowability
`
`Part of Paper No./Mai| Date 20130419
`MOTI EX. [2003] p. 9
`
`MOTI Ex. [2003] p. 9
`
`

`

`
`
`Application No.
`
`Applicant(s)
`
`
`
`
` _ _ _ _ 13/329,077 FRAZIER, w. LYNN
`
`
`Examiner-Initiated Interwew Summary
`_
`_
`Examiner
`Art UnIt
`
`ROBERT E. FULLER
`
`3676
`
`All participants (applicant, applicant’s representative, PTO personnel):
`
`(1) ROBERT E. FULLER.
`
`(2) Robb Edmonds (Attorney for Applicant).
`
`(3)
`
`(4)
`
`.
`
`.
`
`Date of Interview: 17April2013.
`
`Type:
`
`[I Video Conference
`IZI Telephonic
`I] Personal [copy given to: El applicant
`
`El applicant’s representative]
`
`Exhibit shown or demonstration conducted:
`
`If Yes, brief description:
`
`[I Yes
`
`IZI No.
`
`Issues Discussed D101 D112 D102 D103 IXIOthers
`(For each of the checked b0x(es) above, please describe below the issue and detailed description of the discussion)
`
`
`
`
`
`Claim(s) discussed: 1_2.
`
`Identification of prior art discussed: M.
`
`Substance of Interview
`(For each issue discussed, provide a detailed 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...)
`
`Examiner informed applicant that an error had been made in the previous Office Action, mailed January 22, 2013.
`Examiner asserted that a Double Patenting reiection should have been made against claim 12 based on applications
`
`13/329 096 12 317 497 and US Patent 8 079 413. Examiner further stated that unless Terminal Disclaimers were
`
`filed for each patent/application, then a Non-Final Office Action would need to be issued containing those Double
`Patenting reiections.
`In response, applicant filed the Terminal Disclaimers, Which have since been accepted and
`recorded.
`
`Applicant recordation instructions:
`
`If is not necessary for applicant to provide a separate record of the substance of interview.
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete 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.
`
`I] Attachment
`
`US. Patent and Trademark Office
`
`PTOL-413B (Rev. 8/11/2010)
`
`Interview Summary
`
`Pa 9
`r No. 20130419
`MOTI Ex. [2063] p. 10
`
`
`
`/SHANE BOMAR/
`Supervisory Patent Examiner, Art Unit 3676
`
`MOTI Ex. [2003] p. 10
`
`

`

`Application/Control Number: 13/329,077
`
`Page 2
`
`Art Unit: 3676
`
`EXAMINER’S COMMENT
`
`Election/Restrictions
`
`Claims 12-15, 17, 21-24, and 27-50 are allowable. The restriction requirement
`
`between Species | and II, as set forth in the Office action mailed on April 24, 2012, has
`
`been reconsidered in view of the allowability of claims to the elected invention pursuant
`
`to MPEP § 821 .04(a). The restriction requirement is hereby withdrawn as to any
`
`claim that requires all the limitations of an allowable claim. Claims 2, 3, and 6-8,
`
`directed to Species II no longer withdrawn from consideration because the claim(s)
`
`requires all the limitations of an allowable claim.
`
`In view of the above noted withdrawal of the restriction requirement, applicant is
`
`advised that if any claim presented in a continuation or divisional application is
`
`anticipated by, or includes all the limitations of, a claim that is allowable in the present
`
`application, such claim may be subject to provisional statutory and/or nonstatutory
`
`double patenting rejections over the claims of the instant application.
`
`Once a restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are
`
`no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32
`
`(CCPA 1971). See also MPEP § 804.01.
`
`Terminal Disclaimer
`
`The terminal disclaimer filed on April 17, 2013 disclaiming the terminal portion of
`
`any patent granted on this application which would extend beyond the expiration date of
`
`8,079,413 has been reviewed and is accepted. The terminal disclaimer has been
`
`recorded.
`
`MOTI Ex. [2003] p. 11
`
`MOTI Ex. [2003] p. 11
`
`

`

`Application/Control Number: 13/329,077
`
`Page 3
`
`Art Unit: 3676
`
`The terminal disclaimer filed on April 17, 2013 disclaiming the terminal portion of
`
`any patent granted on this application which would extend beyond the expiration date of
`
`12/317,497 has been reviewed and is accepted. The terminal disclaimer has been
`
`recorded.
`
`The terminal disclaimer filed on April 17, 2013 disclaiming the terminal portion of
`
`any patent granted on this application which would extend beyond the expiration date of
`
`13/329,096 has been reviewed and is accepted. The terminal disclaimer has been
`
`recorded.
`
`REASONS FOR ALLOWANCE
`
`The following is an examiner’s statement of reasons for allowance: None of the
`
`references cited on the Information Disclosure statement filed April 17, 2013 were
`
`deemed to be more relevant to the claimed invention than what has already been cited
`
`on the record by the examiner.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ROBERT E. FULLER whose telephone number is
`
`(571 )272-6300. The examiner can normally be reached on Monday thru Friday from
`
`9:00 AM - 6:30 PM.
`
`MOTI Ex. [2003] p. 12
`
`MOTI Ex. [2003] p. 12
`
`

`

`Application/Control Number: 13/329,077
`
`Page 4
`
`Art Unit: 3676
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Shane Bomar can be reached on 571-272—7026. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/SHANE BOMAR/
`
`Supervisory Patent Examiner, Art
`Unit 3676
`
`04/19/2013
`
`/R.E.F./
`
`MOTI EX. [2003] p. 13
`
`MOTI Ex. [2003] p. 13
`
`

`

`Issue Classification 13329077
`
`FRAZERW LYNN
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`3676
`
`ROBERT E FULLER
`
`
`
`US ORIGINAL CLASSIFICATION
`
`INTERNATIONAL CLASSIFICATION
`
`Version
`
`
`O.G. Print Figure
`
`
`
`——---_----—
`—
`
`nE—EEEE—
`
`CR°SSREFERE“°E‘S’
`
`_—IIII—I-II—
`______III-—I...—
`
`/ROBERT E FULLER/
`
`Examiner.Art Unit 3676
`
`(Assistant Examiner)
`/SHANE BOMAR/
`Supervisory Patent Examiner.Art Unit 3676
`
`(Primary Examiner)
`US Patent and Trademark Office
`
`04/19/2013
`
`(Date)
`
`Total Claims Allowed:
`38
`
`04/22/2013
`
`O.G. Print Claim(s)
`
`(Date)
`
`1
`
`38 and 30
`Part of Paper No. 20130419
`
`MOTI Ex. [2003] p. 14
`
`MOTI Ex. [2003] p. 14
`
`

`

`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`FRAZERW LYNN
`
`Issue Classification 13329077
`
`ROBERT E FULLER
`
`/ROBERT E FULLER/
`
`38 and 30
`
`Examiner.Art Unit 3676
`
`(Assistant Examiner)
`/SHANE BOMAR/
`Supervisory Patent Examiner.Art Unit 3676
`
`(Primary Examiner)
`US Patent and Trademark Office
`
`04/19/2013
`
`(Date)
`
`04/22/2013
`
`Total Claims Allowed:
`38
`
`O.G. Print Claim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`Part of Paper No. 20130419
`
`MOTI EX. [2003] p. 15
`
`MOTI Ex. [2003] p. 15
`
`

`

`Issue Classification 13329077
`
`FRAZERW LYNN
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`07
`
`
`
`
`
`
`
`
`ROBERT E FULLER
`
`3676
`
`El
`
`Claims renumbered in the same order as presented by applicant
`
`El
`
`IX
`
`T.D
`
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`
`
`
`
`
`
`
`
` LOOO\IO§U'IJ>LOI\)
`
`O
`
`l\)
`(a)
`J;
`U'l
`
`/ROBERT E FULLER/
`
`Examiner.Art Unit 3676
`
`(Assistant Examiner)
`/SHANE BOMAR/
`Supervisory Patent Examiner.Art Unit 3676
`
`(Primary Examiner)
`US Patent and Trademark Office
`
`38 and 30
`
`04/19/2013
`
`(Date)
`
`Total Claims Allowed:
`38
`
`04/22/2013
`
`O.G. Print Claim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`Part of Paper No. 20130419
`
`MOTI EX. [2003] p. 16
`
`MOTI Ex. [2003] p. 16
`
`

`

`Doc code: IDS
`
`PTOISBIOBa (01-10)
`Approved for use through 078112012. OMB 0651-0031
`Doc description: Information Disclosure Statement (IDS) Filed
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`
`13329077
`Application Number
`2011-12-16
`Filing Date
`
`INFORMATION DISCLOSURE
`
`First Named Inventor W. Lynn Frazier
`STATEMENT BY APPLICANT MU .nit
`|3676
`( Not for submission under 37 CFR 1.99)
`Examiner Name
`
` Fuller, Robert Edward Attorney Docket Number
`
`I MOTI-O18P1C1
`
`
`Remove
`U.S.PATENTS
`
`Pages,Columns,Lines where
`Kind
`Examiner Cite
`Name of Patentee or Applicant
`Patent Number
`Relevant Passages or Relevant
`Code1 Issue Date
`of cited Document
`Initial*
`No
`Figures Appear
`
`1
`
`4898245
`
`1990-02-06
`
`Braddick
`
`
`
`2
`
`6082451
`
`2000-07-04
`
`Giroux et al.
`
`
`
`3
`
`4
`
`6604763
`
`6708768
`
`2003-08-12
`
`Cook et al.
`
`2004-03-23
`
`Slup et al.
`
`
`
`
`If you wish to add additional US. Patent citation information please click the Add button.
`Add
`
`U.