`
`lAP‘iS Rec’d PCT/Pm 0 7 DEC 2006
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`ATTORNEY S DOCKET NUMBER
`
`TRANSMITTAL LETTER TO THE UNITED STATES
`
`
`
`
`
`HMIMEIIEMDESMMEMMIIIIIIIIIIIIIIII
`
`
`APPLICANT(S) FOR DOIEO/US
`LUEBKE, Neill Hamilton
`
`
`Applicant herewith submits to the United States Designated/Elected Office (DO/EO/US) the following items and other information:
`
`
`
`
`
`DESIGNATED/ELECTED OFFICE (DOIEOIUS)
`CONCERNING A SUBMISSION UNDER 35 U. S. C. 371
`lNTERNATlONAL APPLICATION No.
`INTERNATIONAL FILING DATE
`PCT/USZOO5/O19947
`7 June 2005 (07.06.05)
`TITLE OF INVENTION
`
`PRIORITY DATE CLAIMED
`8 June 2004 08 0504
`
`‘see 37 CFR15)
`
`IZI This is a FIRST submission of items concerning a submission under 35 U.S.C. 371.
`
`2. E] This is a SECOND or SUBSEQUENT submission of items concerning a submission under 35 U.S.C. 371.
`
`3. CI This is an express request to begin national examination procedures (35 U.S.C. 371 (f)). The submission must include items
`(5). (6), (9) and (21) indicated below.
`
`4. I:I The US has been elected (Article 31 ).
`
`5. I]
`
`A copy of the International Application as filed (35 U.S.C. 371(c)(2))
`
`I:I is attached hereto (required only if not communicated by the international Bureau).
`b. I: has been communicated by the lntemational Bureau.
`
`C. II] is not required, as the application was filed in the United States Receiving Office (RC/US).
`
`6. D An English language translation of the International Application as filed (35 U.S.C. 371(c)(2)).
`a. CI is attached hereto.
`
`7. CI
`
`b. E] has been previously submitted under 35 U.S.C. 154(d)(4).
`Amendments to the claims of the lntemational Application under PCT Article 19 (35 U.S.C. 371(c)(3))
`a. E]
`are attached hereto (required only if not communicated by the lntemational Bureau).
`
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`
`c. D have not been made; however, the time limit for making such amendments has NOT expired.
`d. - have not been made and will not be made.
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`
`8. I:I
`9.
`[IZI
`
`An English language translation of the amendments to the claims under PCT Article 19 (35 U.S.C. 371(c)(3)).
`An oath or declaration of the inventor(s) (35 U.S.C. 371(c)(4)).
`
`
`
`
`
`10. E]
`An English language translation of the annexes of the lntemational Preliminary Examination Report under PCT
`
`Article 36 (35 U.S.C.. 371(c)(5)).
`Items 11 to 20 below concam document(s) or Information Included:
`
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`
`15.
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`
`16.
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`
`
`
`A computer-readable form of the sequence listing in accordance with PCT Rule 13ter.2 and 37 CFR 1.821— 1,825. 17.
`A second copy of the published lnternational Application under 35 U.S.C. 154(c)(4). 18.
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`' Page 1 of 3
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`IPR2015-01476 - Ex. 1102
`US ENDODONTICS, LLC., Petitioner
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`A‘l‘l’ORNEY’S DOCKET NUMBER
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`é gig
`PCT/U82005/019947
`11520100002
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`21.
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`$0
`All otherSituations ““5200
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`it the written opinion of the lSAlUS or the international preliminary examination report prepared by
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`TOTAL OF 21 22 and 23 =
`I:I Additional fee for specification and drawings flied in paper over 100 sheets (excluding
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`char - ed
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`6009159.1
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`2 of 520
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`lPR2015-01476 - Ex. 1102
`U8 ENDODONTICS, LLC., Petitioner
`
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`2 of 520
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`IPR2015-01476 - Ex. 1102
`US ENDODONTICS, LLC., Petitioner
`
`
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`SIGNATURE
`QUARLES & BRADY LLP
`411 E. Wisconsin Ave.
`Richard T- Roche
`Milwaukee, WI 53202
`NAME
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`(414) 277-5000
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`Page 3 Of 3
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`US ENDODONTICS, LLC., Petitioner
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`
`
`tin—It
`
`(09414)
`Approved for use through 07/31/2006. 0MB 0651-0032
`US. Patent and Trademark Office: U.$, DEPARTMENT OF COMMERCE
`Under the Pauerwork Reduction Act of 1995 no -ersons are re-uired to res-ond to a collection of information unless it contains a valid OMB control number.
`
`Attorney Docket
`
`Number
`
`DECLARATION FOR UTILITY OR
`115207-00002
`
`
`
`
`
`
`DESIGN
`LUEBKE. Neill Hamilton
`First Named ”ll/em”
`COMPLETE IF KNOWN
`PATENT APPLICATION
`
`
`
`
`
`1 Application Number
`(37 CFR 1'63)
`
`
`
`
` Filing Date
`
`Declaration
`Declaration
`
`
`Submitted
`.
`OR
`Submitted after Initial
`
`
`\Nilh Initial
`Filing (surcharge
`Art Unit
`
`Filing
`(37 CFR 1.16 (e))
`
`required)
`
`
`I hereby declare that:
`
`Each inventor’s residence, mailing address, and citizenship are as stated below next to their name.
`
`I believe the inventor(s) named below to be the original and first inventor(s) of the subject matter which is claimed and for
`
`which a atent is sou ht on the invention entitled:
`
`DENTAL AND MEDICAL INSTRUMENTS COMPRISING TITANIUM
`
`
`
`
`
`{Tit/e of the Invention)
`
`
`the specification of which
`
`
`I:
`is attached hereto
`
`OR
`
`
`
`07 Jun 05 (0706-05)
`IE was filed on (MM/DD/YYYY)
`as United States Application Number or PCT International
`Application Number
`and was amended on (MM/DDIYYYY) C: (if applicable).
`
`
`I hereby state that l have reviewed and understand the contents of the above identified specification, including the claims, as
`amended by any amendment specifically referred to above,
`
`
`
`
`
`
`
`
`I acknowledge the duty to disclose information which is material to patentability as defined in 37 CFR 156, including for
`continuation-impart applications, material information which became available between the filing date of the prior application
`and the national or PCT international filing date of the continuation-impart application,
`I hereby claim foreign priority benefits under 35 U.S.C. 119(a)-(d) or (f), or 36503) of any foreign application(s) for patent,
`inventor’s or plant breeders rights certificate(s), or 365(a) of any PCT international application which designated at least one
`country other than the United States of America, listed below and have also identified below, by checking the box, any foreign
`application for patent, inventors or plant breeder's rights certificatets), or any PCT international application having a filing date
`before that of the application on which priority is claimed.
`Prior Foreign Application - Foreign Filing Date
`Number 5
`Countrv
`MMIDDIYYYY
`
`
`
`Certified Copy Attached?
`Priority
`YES
`N0
`Not Claimed
`E]
`C]
`[3
`[:I
`E]
`E]
`CI
`CI
`CI
`E1
`Cl
`El
`Additional foreign application numbers are listed on a supplemental priority data sheet PTO/SBIOZB attached hereto.
`I
`[Page 1 of 2]
`This collection of information is required by 35 U.S.C. 115 and 37 CFR 153 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 0.8.6, 122 and 37 CFR tin and 1.14. This collection is estimated to take 21
`minutes to complete, induding gathering. preparing, and submitting the completed application term to the USPTO. Time will vary depending upon the individual
`case. Any comments on the amount of time you require to complete this term and/or suggestions tor reducing this burden. should be sent to the Chief Information
`Officer, US. Patent and Trademark Office. US. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450i DO NOT SEND FEES OR COMPLETED
`FORMS To THIS ADDRESS. SEND To: Commissioner for Patents. PO. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance completing the form, call 1-800-PTO~9199 and select option 2.
`
`5883562
`
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`4 of 520
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`|PR2015-01476 - Ex. 1102
`US ENDODONTICS, LLC., Petitioner
`
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`4 of 520
`
`IPR2015-01476 - Ex. 1102
`US ENDODONTICS, LLC., Petitioner
`
`
`
`Under the Pa erwork Reduction Act of 1995 no ersons are re uired to res
`
`(094M)
`Approved for use through 07/31/2006. OMB 0651~0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`nd to a collection 01 information unless it contains a valid OMB control number.
`
`
`
`DECLARATION — Utility or Design Patent Application
`
`
`Direct all
`The address
`correspondence to: I associated with
`Customer Number:
`
`26710
`
`Name
`
`OR
`
`
`Correspondence
`[3 address below
`
`
`
`
`411 E. Wisconsin Avenue
`
`City
`
`State
`
`ZIP
`
`Country
`
`
`
`
`
`
`
`Fax
`Telephone
`414-271-3552
`414-277-5805
`
`
`I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information
`and belief are believed to be true; and further that these statements were made with the knowledge that willful false
`
`
`statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001 and that such willful
`false statements mayjeopardize the validity of the application or any patent issued thereon.
`
`
`NAME OF SOLE 0R F'RST 'NVENTOR:
`Given Name (first and middle [if any])
`Neill Hamilton
`
`
`_,
`_ I
`,l
`,
`LUEBKE
`[WW é
`4‘
`r
`‘i
`‘1‘
`Resio-en e: City
`
`Brookfield
`
`Mailing Address
`
`18010 Continental Drive
`
`
`
`City
`State
`Zip
`Country
`
`
`
`Brookfield
`Wl
`53045-1204
`US
`
`
`iNAME OF SECOND INVENTOR:
`A petition has been filed for this unsigned inventor
`Given Name (first and middle [if any])
`Family Name or Surname
`
`
`
`
`
`
`
`
`
`a.
`
`
`
`a
`
`'
`
`State
`WI
`
`D A oetition has been filed for this unsi-ned inventor
`Family Name or Surname
`
`Country
`US
`
`Citizenship
`US
`
`’
`
`~ Z
`
`~0
`
`‘
`
`
`
`Inventor‘s Signature
`
`Mailing Address
`
`Date
`
`City
`
`State
`
`Zip
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`Country
`
`supplemental sheet(s) PTO/SB/OZA or 02LR attached hereto
`I Additional inventors or a legal representative are being named on the
`[Page 2 of 2]
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`~
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`'i'nfiém' MRLICAfibN 5353010; No.
`
`_ .
`
`~.
`
`' Us}. .DEPARTMEbéfxo‘FZ COM-MERGE
`PATENT- A010 TRADEMARK OFEICE.
`
`FEERECORD SHEET
`
`.
`
`‘
`
`00000030 170050 11020933“
`00/12/3000 GFREYI“
`01 00:20:01 ‘
`f»
`‘ 150.00 00
`'
`‘
`0200:2533.
`100.00 00
`0; 00:20:01
`50.00 00
`
`-_
`
`«
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`Ema-1:155:61 " 7 ‘
`_T(5]87).
`,
`
`“WW“W WAAWWSSszS .
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`111628933
`
`iAPfi Rec’d PCT/PTO ii 7' DEC 2006
`Docket No.1 115207.00002
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicants:
`
`Neill H. Luebke
`
`Filing date:
`
`Filed Herewith
`
`Title:
`
`DENTAL AND MEDICAL INSTRUMENTS COMPRISING TITANIUM
`
`Based on
`PCT International
`
`Application No.:
`
`PCT/U82005/019947
`
`PCT International
`
`Filing Date:
`
`7 June 2005
`
`PRELIMINARY AMENDMENT
`
`Commissioner for Patents
`PO. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
`
`Please amend the above-identified patent application before examination as
`
`follows:
`
`Amendments to the Claims begin on page 2 of this paper.
`
`Remarks begin on page 6 of this paper.
`
`.Z, of 520
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`Amendments To The Claims
`
`1.
`
`(Original) An endodontic instrument for use in performing root canal
`
`therapy on a tooth, the instrument comprising:
`
`an elongate shank having a cutting edge extending from a distal end of the
`
`shank along an axial length of the shank,
`
`wherein the shank comprises a titanium alloy, and
`
`wherein the shank is prepared by heat-treating the shank at a temperature
`
`above 25°C in an atmosphere consisting essentially of a gas unreactive with the
`
`shank.
`
`2.
`
`(Original) The instrument of claim 1 wherein:
`
`the gas is selected from the group consisting of helium, neon, argon, krypton,
`
`xenon, and radon.
`
`3.
`
`(Original) The instrument of claim 1 wherein:
`
`the temperature is from 400°C up to but not equal to the melting point of the
`
`titanium alloy.
`
`4.
`
`(Original) The instrument of claim 1 wherein:
`
`the temperature is from 475°C to 525°C.
`
`5.
`
`(Original) The instrument of claim 1 wherein:
`
`the shank is heat—treated for 1 to 2 hours.
`
`8 of 520
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`6.
`
`(Original) The instrument of claim 1 wherein:
`
`the titanium alloy is selected from alpha-titanium alloys, beta—titanium alloys,
`
`alpha—beta-titanium alloys, and nickel—titanium alloys.
`
`7.
`
`(Original) The instrument of claim 1 wherein:
`
`the titanium alloy comprises 54—57 weight percent nickel and 43—46 weight
`
`percent titanium.
`
`8.
`
`(Original) The instrument of claim 1 wherein:
`
`the titanium alloy comprises 54—57 weight percent nickel and 43-46 weight
`
`percent titanium,
`
`the gas is selected from the group consisting of helium. neon, argon, krypton,
`
`xenon, and radon,
`
`the temperature is from 475°C to 525°C, and
`
`the shank is heat-treated for 1 to 2 hours,
`
`9.
`
`(Original) The instrument of claim 1 wherein:
`
`the shank consists essentially of a titanium alloy comprising 54-57 weight
`
`percent nickel and 43—46 weight percent titanium,
`
`the gas is argon,
`
`the temperature is 500°C, and
`
`the shank is heat-treated for 1 to 2 hours.
`
`10.
`
`(Original) The instrument of claim 1 wherein:
`
`the cutting edge is formed by helical flutes in the shank.
`
`9 of 520
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`11.
`
`(Original) The instrument of claim 1 wherein:
`
`the shank has an angle greater than 10 degrees of permanent deformation
`
`after torque at 45° of flexion.
`
`12.
`
`(Original) The instrument of claim 1 wherein:
`
`the shank has a diameter of 0.5 to 1.6 millimeters.
`
`13.
`
`(Original) An endodontic instrument for use in performing root canal
`
`therapy on a tooth, the instrument comprising:
`
`an elongate shank having helical flutes defining a cutting edge extending from
`
`a distal end of the shank along an axial length of the shank,
`
`wherein the shank consists essentially of a titanium alloy comprising 54—57
`
`weight percent nickel and 43-46 weight percent titanium, and
`
`wherein the shank is prepared by heat—treating the shank at a temperature
`
`from 475°C to 525°C in an atmosphere consisting essentially of argon gas.
`
`14.
`
`(Original) The instrument of claim 13 wherein:
`
`the shank has a diameter of 0.5 to 1.6 millimeters.
`
`15.
`
`(Currently Amended) A method for creating or enlarging an opening in
`
`a tooth of a patient undergoing root canal therapy, the method comprising:
`
`creating or enlarging the opening using an instrument according to claim 1
`
`anyetelaims—FM.
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`16.
`
`(Original) An endodontic instrument for use in performing root canal
`
`therapy on a tooth, the instrument comprising:
`
`an elongate shank having a cutting edge extending from a distal end of the
`
`shank along an axial length of the shank,
`
`wherein the shank consists essentially of a titanium alloy selected from alpha-
`
`titanium alloys, beta—titanium alloys, and alpha-beta-titanium alloys.
`
`17.
`
`(Original) The instrument of claim 16 wherein:
`
`the cutting edge is formed by helical flutes in the shank.
`
`18.
`
`(Original) The instrument of claim 16 wherein:
`
`the shank has a diameter of 05 to 1.6 millimeters.
`
`19.
`
`(Currently Amended) A method for creating or enlarging an opening in
`
`a tooth of a patient undergoing root canal therapy. the method comprising:
`
`creating or enlarging the opening using an instrument according to claim 16
`
`any—ef—Giaims—15-48.
`
`20.
`
`(New) A method for creating or enlarging an opening in a tooth of a
`
`patient undergoing root canal therapy, the method comprising:
`
`creating or enlarging the opening using an instrument according to claim 13.
`
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`REMARKS
`
`Original PCT claim 15 was a multiple dependent claim that depended on
`
`claims 1-14. Claim 15 has been amended to depend only from claim 1 to remove
`
`the multiple dependency. New claim 20 is identical to original claim 15 with the
`
`exception that claim 20 depends only from claim 13.
`
`Original PCT claim 19 was a multiple dependent claim that depended on
`
`claims 15—18. Claim 19 has been amended to depend only from claim 16 to remove
`
`the multiple dependency.
`
`Please enter the amendments before fee calculation.
`
`No fees are believed to be needed for this amendment. However, if fees are
`
`needed, please charge them to Deposit Account No. 17-0055.
`
`Dated: December 7, 2006
`
`By:
`
`Respectfully submitted,
`
`Neill H. Luebke
`
`Q
`
`\
`
`Richard T. Roche
`
`Registration No. 38,599
`Quarles and Brady LLP
`41 1 East Wisconsin Ave.
`Milwaukee, WI 53202
`(414) 277-5805
`
`6009177
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`EXPRESS MAIL LABEL NO. EV 863511665 us
`
`MP5 Rec’d [JCT/PTO 0 7 D E02005
`
`Ml 6.28 9 33
`
`IN TIE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`Serial No.:
`I.A. Filing Date:
`Priority Date:
`PCT Appl. No.:
`Title:
`
`Docket:
`
`LUEBKE, Neill Hamilton
`Not Yet Assigned
`7 June 2005
`8 June 2004
`PCT/U82005/019947
`DENTAL AND MEDICAL INSTRUMENTS COMPRISING
`TITANIUM
`»
`1 1520700002
`
`Mail Stop PCT
`Commissioner for Patents
`PO. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`INFORMATION DISCLOSURE STATENIENT
`
`Dear Sir:
`
`The accompanying form PTO-1449, listing documents to be considered with respect
`to the subject patent application, is being submitted in compliance with 37 CFR {$1.97 and
`§l.98.
`
`This paper is submitted in accordance with 37 CFR §1.97(b) and a fee is not required
`for consideration of these documents.
`
`V
`
`\
`
`{ / 7/0 i
`
`Date:
`
`Respectfully Submitted,
`
`W
`
`.
`
`Richard T. Roche
`Reg. No. 38,599
`QUARLES & BRADY LLP
`411 E. Wisconsin Avenue
`Milwaukee, WI 53202—4497
`Tel. No. (414) 277-5805
`Fax No. (414) 271—3552
`
`QBMKE\6009176.1
`
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`SAPS Redd rem/rm G 7' DEC 2006 '
`
`_ E
`
`LUEBKE. Nem Hamilton
`--
`1 15207_00002
`
`PTO/881083 (07-06)
`Approved tor use through 0930/2005, OMB 06510031
`
`
`
`US. Patent and Trademark Officer US. DEPARTMENT OF COMMERCE' uu- 0: .- nu- anlr II I |,ol.| .
`
`
`Substitute tor form 1449AIPTO
`Complete if
`
`Not Yet 'Asls'idrqéalfl U 39
`Application Number
`“in" Date
`“twin“ “"8””
`Art Unit
`xaminer Name
`Attorney Docket Number
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`
`(Use as many sheets as necessary}
`
`7 December 2006
`
`U. S. PATENT DOCUMENTS
`Pages, Columns. Lines, Where
`Publication Date
`Name of Patenlee or
`Document Number
`'
`Examiner
`Relevant Passages or Relevant
`. W MMDD—YYYY
`initlals'
`Appliwnt oi Cited Document
`
`Number-Kind Code“ (1m)
`Figures Appear
`
`”36,431,863
`08432002 >
`Lal Sachdeva, et al.
`
`US- 6,422,865
`>_91.23-2002
`Fischer
`_
`
`"05- 6,328,634
`08—06-2002
`Besseiink, eat—3|.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Signature
`
`FOREIGN PATENT DOCUMENTS
`Pages, Columns. Lines,
`Publication Date
`Name of Patentee or
`MM—DD-YYYY
`Applicant of Cited Document Where Relevant Passages
`or Relevant Fi urea A- ear
`
`Examiner
`lnitials‘
`
`Examiner
`
`initial it reference considere-
`'EXAMINER:
`Include copy of this form with next communication to applicant. 1 Applicant‘s unique citation designation number (optional). 2 See Kinds Codes at
`consldered.
`USPTO Patent Documents at w‘wwusptogov or MPEP 901.04. 3 Enter Office that issued the dowment. by the two-letter code (WIPO Standard ST.3). 4 For
`Japanese patent documents. the indication of the year 01‘ the reign of the Emperor must precede the serial number of the patent document. 5 Kind of document by
`the appropriate symbols as indicated on the document under WiPO Standard STAG if possible 5 Applicant is to place a check mark here it English language
`Translation is attached.
`This collection oi information is required by 37 CFR 1.97 and 1.98. 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 2 hours 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. US. Department of Commerce. PO. Box 1450, Alexandria. VA 223131450. 00 NOT SEND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria. VA 22313-1450.
`6009181 1
`If you need assistance in completing the form, call 1~800—PTO-9199 and select option 2.
`
`,
`
`..
`
`14 Of 529
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`W5 Reo’d'PCT/PTG Q 7 DEC 2006
`
`PTO/saloab (07-06)
`Approved for use through 09/30/2006. OMB 0651-0031
`U.S. Patent and Trademark Office; US. 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.
`
`Substitute for form 14493/‘PTO
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`
`Application Number
`
`Wing Dale
`7 December 2006
`
`FirstNamed’Wem'
`LUEBKE, Neill Hamilton
`Ari Unit
`
`Examiner Name
`(Use as many sheets as necessary)
`
`
`Examiner
`Initials“
`
`~
`
`'
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item (book,
`"139325119. ioumai, serial, symposium, catalog. etc), date, page(s). volume—issue number(s), publisher, city
`and/or count where nublished.
`
`of mailing of 10 November 2005.
`
`Copy of intemationai Search Report corresponding to PCT/U82005I019947, under date
`
`
`
`
`
`Date
`Examiner
`Considered
`Signature
`Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation it not in conformance and not
`'EXAMINER:
`considered.
`include copy of this form with next communication to applicant.
`1 Applicant's unique citation designation number (optional), 2 Applicant is to place a check mark here if English language Translation is attached.
`This collection 01 information is required by 37 CFR 1.97 and 1.98. 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 use. 122 and 37 CFR 1.14. This collection is estimated to take 2 hours 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 fon'n and/or suggestions for reducing thls burden. should be sent to the Chiet lniormation Officer, US. Patent
`and Trademark Office, US. Department of Commerce. PO. Box 1450. Alexandria, VA 223134450. DO NOT SEND FEES 0R COMPLETED FORMS TO THIS
`ADDRESS. SEND To: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 223134450.
`
`
`
`Ifyou need assistance in completing the form, call 1-800—PTOvQ199 and select option 2.
`60091811
`
`
`
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`PATENT COOPERATION TREATY
`
`PCT
`
`INTERNATIONAL SEARCH REPORT
`
`(PCT Article 18 and Rules 43 and 44)
`
`l 15207.00002
`International application No.
`PCT/USOS/l9947
`Applicant
`LUEBKE, NEH. HAMILTON
`
`sec Form PCT/ISA/zzo
`FOR FURTHER
`as well as, where applicable, item 5 below.
`ACTION
`International filing date (day/month/year)
`(Earliest) Priority Date (day/month/year)
`07 June 2005 (07.06.2005)
`08 June 2004 (08.06.2004)
`
` Applicant’s or agent’8 file reffirence
`
`
`
`
` This international search report has been prepared by this International Searching Authority and is transmitted to the applicant
`
`
`according to Article 18. A copy is being transmittrd to the international Bureau.
`
`
`This international search report consists ofa total of
`2 4sheets.
`
`
`
`’1‘
`It is also accompanied by a copy of each prior art document cited in this report.
`1. Basis of the Report
`
`a. With regard to the language, the international Search was carried out on the basis of:
`
`E the international application in the language in which it was filed.
`
`, which is the language
`[3
`a translation of the international application into
`of a translation furnished for the purposes of international search (Rules 12.3(a) and 23.1(b))
`b. D With regard to any nucleotide and/or amino acid sequence disclosed in the international application, see Box No. L
`'3 Certain claims were found unsearchable (See Box No. II)
`E] Unity ofinvention is lacking (See Box No. II!)
`With regard to the title,
`E the text is approved as submitted by the applicant
`D the text has been established by this Authority to read as follows:
`
`
`
`
`
`
`
`2.
`3.
`4.
`
`
`
`
`
`
`
`
`
`
`
`
` With regard to the abstract,
`
`‘3 the text is approved as submitted by the applicant.
`
`D the text has been established, according to Rule 38.2(b), by this Authority as it appears in Box No. IV. The applicant
`
`
`may, within one month from the date of mailing of this international search report, submit comments to this Authority.
` With regard to the drawings,
`
`
`
`the figure of the drawings to be published with the abstract is Figure No. La
`[:1
`as suggested by the applicant.
`[3 as selected by this Authority, because the applicant failed to suggest a figure.
`E as selected by this Authority, because this figure better characterizes the invention.
`
`
`b, D none ofthe figures is to be published with the abstract,
`
`me PCT/1510210 (first sheet) (April 2005)
`
`a.
`
`
`
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`International application No,
`INTERNATIONAL SEARCH REPORT
`PCT/USOS/l 9947
`
`
`
`A.
`CLASSIFICATION OF SUBJECT MATTER
`
`
`19cm
`:
`A61C 5/02
`
`
`US CL
`:
`433/102
`
`- to International Patent Classification lPC or to both national classification and IPCAccordin _
`
`
`
`FIELDS SEARCHED
`
`
`Minimum documentation searched (classification system followed by classification symbols)
`U.S. : 433/102
`
`
`Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched
`
`
`
`Electronic data base consulted during the international search (name ofdata base and, where practicable, search terms used)
`
`
`
`DOCUIVIENTS CONSIDERED TO BE RELEVANT
`
`Relevant to claim No.
`
`
`
`Citation ofdocument, with indication where appropriate, ofthe relevant passages
`Categyory'
`1—19
`US 6,431,863 B1 (Lal Sachdeva et al. ) 13 August 2002 (13 08. 2002), See whole document
`1—19
`US 6,422,865 Bl (Fischer) 23 July 2002 (23.07.2002). Column 4, lines 4043.
`
`
`US 6,428,634 Bl (Besselink et al.) 6 August 2002 (06.06.2002). See whole document
`4-5, 7—9-14
`
`
`D Further documents are listedin the continuation ofBox C
`Special categories ofcited documents:
`document defining the general state ofthe art which is not considered to be of
`particular relevmce
`
`“A"
`
`“E"
`“L“
`
`
`
`
`
`
`
`
`
`
`
`
`earlier application or patent published on or after the intemaiional filing date
`
`