throbber
A0 120 Rev‘ 08/10
`
`case 3:14-cv-01300—JVB-JEM document 1—5
`
`filed 04/15/14 page 1 oil
`
`
`
`
`
`T0:
`
`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
`TRADEMARK
`
`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
`for the Northern District of Indiana
`on the following
`I] Trademarks or
`MPatents.
`( D the patent action involves 35 U,S.C. § 292‘):
`
`DATE FILED
`4/15/2014
`
`DOCKET NO.
`
`
`3:14-cv-1300
`PLAINTIFF
`
`Zimmer Holdings. Inc.
`
`
`Zimmer Dental inc.
`Four Mile Bay LLC
`
`U.S. DISTRICT COURT
`for the Northern District of Indiana
`DEFENDANT
`
`PATENT OR
`TRADEMARK N0.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`l 8 684 734
`
`4/1/2014
`
`Four Mile Bay LLC
`
`4
`
`5
`
`DATE INCLUDED
`
`
`
`
`
`in the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`INCLUDED BY
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`PATENT 0R
`TRADEMARK NO,
`
`El Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`[:1 Answer
`
`B Cross Bill
`
`D Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`
`
`
`
`In the above-entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`Copy l—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
`
`Page 1 of 139
`
`ZIMMER EXHIBIT 1004
`
`Page 1 of 139
`
`ZIMMER EXHIBIT 1004
`
`

`

`UNITED STATES PATENT AND TRADEMARK OEEICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISS IONER FOR PATENTS
`PO Box 1450
`Alexandria Virginia 22313-1450
`www.uspt0 gov
`
`APPLICATION NO.
`
`l3/57l.375
`
`ISSUE DATE
`
`04/01/2014
`
`64021
`
`7590
`
`03/12/2014
`
`PHILIP S. LYREN, PC
`289 W'oodland Avenue
`Wadsworth, OH 4428]
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`8684734
`
`PSL-OOZ (CIP)
`
`7677
`
`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 18 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://pairllspto. gov for additional applicants):
`
`Philip Scott Lyren, Bangkok, THAILAND;
`
`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.g0v.
`
`1R103 (ReV. 10/09)
`
`Page 2 of 139
`
`Page 2 of 139
`
`

`

`Issue Classification 13571375
`
`LYREN, leLlp soon
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`3732
`
`RALPH LEWIS
`
`
`
`
`
`6 U
`
`(Assistant Examiner)
`/RALPH LEWIS/
`Primary Examiner.Art Unit 3732
`
`
`
`Version
`
`
`
`Total Claims Allowed:
`
`27
`
`12/14/13
`
`(Date)
`
`0.6. Print Claim(s)
`
`0.6. Print Figure
`
`1
`
`Part of Paper No. 20140225
`
`(Primary Examiner)
`S. Patent and Trademark Office
`
`Page 3 of 139
`
`Page 3 of 139
`
`

`

`Issue Classification 13571375
`
`LYREN, leLlp SCOTT
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`I"III“I"IIIIIIIIIIIIIIHIIII" "III" "I
`
`RALPH LEWIS
`
`3732
`
`US ORIGINAL CLASSIFICATION
`
`INTERNATIONAL CLASSIFICATION
`
`CLASS
`
`SUBCLASS
`
`CLAIMED
`
`NON-CLAIMED
`
`eeeeeee
`
`_---I—
`
`
`I-IIII-
`
` "fl
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`
`
`
`
`
`
`
`6
`
`Total Claims Allowed:
`
`27
`
`12/14/13
`
`(Date)
`
`0.6. Print Claim(s)
`
`0.6. Print Figure
`
`1
`
`Part of Paper No. 20140225
`
`(Assistant Examiner)
`/RALPH LEWIS/
`Primary Examiner.Art Unit 3732
`
`(Primary Examiner)
`US. Patent and Trademark Office
`
`Page 4 of 139
`
`Page 4 of 139
`
`

`

`Issue Classification 13571375
`
`LYREN, leLlp SCOTT
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`RALPH LEWIS
`
`3732
`
`T D
`Claims renumbered in the same order as presented by applicant
`K1
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`
`1
`21
`17
`37
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`[I
`
`
`
`6
`
`Total Claims Allowed:
`
`27
`
`12/14/13
`
`(Date)
`
`0.6. Print Claim(s)
`
`0.6. Print Figure
`
`1
`
`Part of Paper No. 20140225
`
`(Assistant Examiner)
`/RALPH LEWIS/
`Primary Examiner.Art Unit 3732
`
`(Primary Examiner)
`U‘S. Pateni and Trademark Office
`
`Page 5 of 139
`
`Page 5 of 139
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: M_ail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCIIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`propriate. A11 further correspondence including the Patent advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`incated 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: Uh: Block 1101 any chime: of while»)
`
`7590
`64021
`PHILIP S. LYREN, PC
`1
`289 WOOdland AVCIlllc
`Wadsworth, 011 44281
`
`01/23/2014
`
`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
`papers. Each additional paper such as an assignment or formal drawing, must
`1ave 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 Lnited
`Séates Poistal Stfirvice with sufficient postage ggr first lglass mailbin an Envelope
`a dresse
`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.
`
`
`
`APPLICATION 1\O.
`FILING DATE
`FIRST NAIVIED INVENTOR
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`13/571.3 75
`08/10/2012
`Philip Scott Lyren
`PSL7002 (CIP)
`7677
`TITLE OF INVENTION: DENTAL IMPLANT WITH POROUS BODY
`
`
`
`
`PREV. PA ) ISSLE FEE
`APPLN. TYPE
`ENTITY STATUS
`ISSUE FEE DUE
`PUELICATION FEE DUE
`TOTAL FEE(S) DUE
`DATE DUE
`
`nonprovisional
`SMALL
`$480
`$480
`04/23/2014
`
`
`
`LEWIS, RALPH A
`
`3732
`
`433-173000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CF 1 1.363).
`3 Chan e of coi1espondence address (or Change of Correspondence
`Addressoorm PTO/SB/ l 22) attached.
`3 ”Fee Address" indication (or ”Fee Address" Indication form
`)TO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`Number 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 11p to
`2 registered patent attorneys or agents. If no name is
`listed no name will be printed
`
`1
`
`2
`w
`
`
`
`
`
`3. ASSIGNEE NAVIE AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignce is identified below. the document has been filed for
`jLEASE NOTE: UnIess 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) : D Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`2 Issue Fee
`3 Publication Fee (No smalI entity discount permitted)
`3 Advance Order — # of Copies
`5. Change in Entity Status (from status indicated above)
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`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 PT072038 is attached.
`2 The Director is hereby authorized to chargeW5“s), any deficiency, or credits any
`overpayment, to Deposit Account Number
`-
`(enclose an extra copy of this form).
`
`
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms 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: This form must be si ned in accordance with 37 CFR 131 and 1.33. See 37 CFR 1.4 for si nature re uirements and certifications.
`
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
`3 Applicant changing to regular undiscounted fee status.
`
`
`Authorized Signature /Phlllp SCOtt Lyren, #40,?09/
`Date 24 January 2014
`
`Typed orprinted name Philip SCOtt Lyren
`RegistrationNo. 404709
`
`I'TOL-SS Part B (IO-13) Approved for use through 10/31/2013.
`
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`Page 2 of 3
`
`Page 6 of 139
`
`Page 6 of 139
`
`

`

`
`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`10-Aug-2012
`
`Title of Invention:
`
`DENTAL IMPLANT WITH POROUS BODY
`
`
`
`
`
`First Named Inventor/Applicant Name: Philip Scott Lyren
`
`Filer:
`
`Philip Scott Lyren
`
`Filed as Small Entity
`
`Utility under 35 USC 11 1 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Claims:
`
`
`Miscellaneous-Filing:
`
`Patent-Appeals—and-Interference:
`
`Post-Allowance-and-Post-lssuance:
`
`_tllltyAppl—SSLIeFee
`
`2501 -——
`
`Extension-of—Time:
`
`Page 7 of 139
`
`Page 7 of 139
`
`

`

`Sub-Total in
`Quantity
`Description
`USD($)
`
`
`Miscellaneous:
`
`Total in USD (5)
`
`480
`
`
`
`Page 8 of 139
`
`Page 8 of 139
`
`

`

`Electronic Acknowledgement Receipt
`
`18011333
`
`Confirmation Number:
`
`Title of Invention:
`
`DENTAL IMPLANT WITH POROUS BODY
`
`
`
`
`
`First Named Inventor/Applicant Name:
`
`Philip Scott Lyren
`
`——
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`PSL—002 (CIP
`
`00:46:36
`Time Stamp:
`
`
`
`
`Application Type: Utility under 35 USC 1 i 1(a)
`
`Payment information:
`
`yes
`Submitted with Payment
`PaymentType Deposit Account
`
`
`
`Payment was successfully received in RAM
`
`$480
`
`Deposit Account
`
`503766
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
`
`The Director ofthe USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`Page 9 of 139
`
`Page 9 of 139
`
`

`

`Charge any Additional Fees required under 37 CFR. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 CFR. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C. F.R. Section 1 2.1 (Miscellaneous fees and charges)
`
`Document
`Number
`
`Document Descri
`
`tion
`
`P
`
`FiIeSize(Bytes)/
`Message Digest
`141941
`
`Pages
`Multi
`Part l.zip (ifappl.)
`
`
`
`Issue Fee Payment (PTO-85B)
`
`|ssue_Fee_Payment.pdf
`
`6cb85c03d2c98ca9nd0481bdf73dba086a2
`5903(1
`
`Warnings:
`
`Fee Worksheet (SB06)
`
`fee-infopdf
`
`5e24977db0d5902eab58b05c5623d3937I9
`be206
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)—(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/D0/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`Ifa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`
`Page 10 of 139
`
`Page 10 of 139
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Addicss: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria. Virginia 2231371430
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`PHILIP S. LYREN. PC
`289 Woodland Avenue
`Wadsmh, 01mm
`
`EXAlVIINER
`
`LEWIS,RALPHA
`
`3732
`
`DATE MAILED: 01/23/2014
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAlVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`08/10/2012
`13/571,3 75
`TITLE OF INVENTION: DENTAL IMPLANT WITH POROUS BODY
`
`Philip Scott Lyren
`
`PSL—002 (CIP)
`
`7677
`
`
`
`APPLN. TYPE
`ENTITY STATUS
`ISSUE FEE DUE
`PUBLICATION FEE DUE
`PREV. PAID ISSITE FEE
`TOTAI. FEE(S) DUE
`DATE DUE
`
`$0
`$0
`04
`nonprovisional
`SMALL
`$480
`$480
`/23/2014
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON TIIE MERITS IS CLOSED. TIIIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGIITS.
`THIS APPLICATION IS SUBJECT TO WITHDRAVVAL 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 WITI-IIN TI-IREE MONTI-IS 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 FORlVI
`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 applles.
`
`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 undiscountcd 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—SS (Rev. 02/11)
`
`Page 11 of 139
`
`Page 1 of 3
`
`Page 11 of 139
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: M_ail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCIIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`propriate. A11 further correspondence including the Patent advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`incated 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: Uh: Block 1101 any chime: of while»)
`
`7590
`64021
`PHILIP S. LYREN, PC
`1
`289 WOOdland AVCIlllc
`Wadsworth, 011 44281
`
`01/23/2014
`
`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
`papers. Each additional paper such as an assignment or formal drawing, must
`1ave 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 Lnited
`Séates Poistal Stfirvice with sufficient postage ggr first lglass mailbin an Envelope
`a dresse
`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.
`
`
`
`APPLICATION 1\O.
`FILING DATE
`FIRST NAIVIED INVENTOR
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`13/571.3 75
`08/10/2012
`Philip Scott Lyren
`PSL7002 (CIP)
`7677
`TITLE OF INVENTION: DENTAL IMPLANT WITH POROUS BODY
`
`
`
`
`PREV. PA ) ISSLE FEE
`APPLN. TYPE
`ENTITY STATUS
`ISSUE FEE DUE
`PUELICATION FEE DUE
`TOTAL FEE(S) DUE
`DATE DUE
`
`nonprovisional
`SMALL
`$480
`$480
`04/23/2014
`
`
`
`LEWIS, RALPH A
`
`3732
`
`433-173000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CF 1 1.363).
`3 Chan e of coi1espondence address (or Change of Correspondence
`Addressoorm PTO/SB/ l 22) attached.
`3 ”Fee Address" indication (or ”Fee Address" Indication form
`)TO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`Number 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 11p to
`2 registered patent attorneys or agents. If no name is
`listed no name will be printed
`
`1
`
`2
`w
`
`
`
`
`
`3. ASSIGNEE NAVIE AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignce is identified below. the document has been filed for
`jLEASE NOTE: UnIess 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) : D Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No smalI entity discount permitted)
`3 Advance Order — # of Copies
`
`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.
`
`
`
`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 PT072038 is attached.
`3 The Director is hereby authorized to charge the required fee(s‘), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms 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: This form must be signed in accordance with 37 CFR 131 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`Typed or printed name
`
`Authorized Signature
`
`I’TOL-SS Part B (IO-13) Approved for use through 10/31/2013.
`
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`Page 2 of 3
`
`Page 12 of 139
`
`Page 12 of 139
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Addlcbbi COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria Virginia 2231371430
`www.uspto.gov
`
`APPLICATION NO.
`FILENG DATE
`FIRST NAIVIED INVENTOR
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`13/57l,375
`08/10/2012
`Philip Scott Lyren
`PSL—002 (CIP)
`7677
`
`7590
`64021
`PHILIP S. LYREN. PC
`289 Woodland Avenue
`Wadsworth 01mm
`
`01/23/2014
`
`LEWIS,RALPHA
`
`3732
`
`DATE MAILED: 01/23/2014
`
`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 18 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 18 day(s).
`
`If :1 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)
`
`Page 13 of 139
`
`Page 3 of 3
`
`Page 13 of 139
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and
`Budget approval before requesting most types of information from the public. When OMB approves an agency
`request to collect information from the public, OMB (i) provides a valid OMB Control Number and expiration
`date for the agency to display on the instrument that will be used to collect the information and (ii) requires the
`agency to inform the public about the OMB Control Number’s legal significance in accordance with 5 CFR
`1320.5(b).
`
`The information collected by PTOL—85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary
`depending upon the individual case. Any comments on the amount of time you require to complete this form
`and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, PO. Box 1450, Alexandria, Virginia 22313-1450. DO NOT
`SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box
`1450, 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.
`
`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: (1) 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 U.S. 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 U.S. 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.
`2. 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.
`3. 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.
`4. 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).
`5. 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.
`6. 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)).
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator, 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.
`8. 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.
`9. 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.
`
`Page 14 of 139
`
`Page 14 of 139
`
`

`

`
`
`Application No. Applicant(s)
`13/571,375
`LYREN, PHILIP SCOTT
`SEEKEWIS
`Notice of Allowability
`97%?”
`’F‘:{:)(§'t;stf,'s""°"t°' t°
`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 app ication.
`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. IX! This communication is responsive to Amendment of 9/5/2013 6’: Examiner’s Amend.
`
`I] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. [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.
`
`; the restriction
`
`3. IX The allowed claim(s) Is/are 21-47. 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 information, please see
`
`hti';/'/www.us'to. ov/natems/Init events/
`h/Indexfis' or send an inquiry to PPeredImck us Iocov.
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`*0) El None of the:
`b) El Some
`a) [I All
`1. El Certified copies of the priority documents have been received.
`2. I] Certified copies of the priority documents have been received In Application No.
`3. [I 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:
`
`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./MaII 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. I] Notice of References Cited (PTO-892)
`2.
`Information Disclosure Statements (PTO/SB/OS),
`Paper No./Mai| Date 9/5/2013
`3. El Examiner‘s Comment Regarding Requirement for Deposit
`of Bi

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