throbber
UNITED STA 1ES p A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`111548,471
`
`10/1112006
`
`Carrel W. Ewing
`
`7273-70199-03
`
`5426
`
`26582
`7590
`HOLLAND & HART, LLP
`P.O BOX 8749
`DENVER, CO 80201
`
`07114/2008
`
`EXAMINER
`
`PATEL, ASHOKKUMAR B
`
`ART UNIT
`
`PAPER NUMBER
`
`2154
`
`MAIL DATE
`
`DELIVERY MODE
`
`07/14/2008
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`IPR Page 1
`
`Raritan v. Server Technology
`
`RARITAN EXHIBIT 1006
`
`

`
`Office Action Summary
`
`Application No.
`
`11/548,471
`
`Examiner
`
`Applicant(s)
`
`EWING ET AL.
`
`Art Unit
`
`2154
`ASHOK B. PATEL
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE~ MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)[8J Responsive to communication(s) filed on 11 October 2006.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)[8J Claim(s) 1-23 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8J Claim(s) 1-23 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 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)).
`*See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) 0 Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) [8Jinformation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 07/02/07.
`
`4) 0
`
`Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
`
`U.S. Patent and Trademark Off1ce
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20080709
`
`IPR Page 2
`
`

`
`Application/Control Number: 11/548,471
`Art Unit: 2154
`
`DETAILED ACTION
`
`1.
`
`Claims 1-23 are subject to examination.
`
`Double Patenting
`
`Page 2
`
`2.
`The nonstatutory double patenting rejection is based on a judicially
`created doctrine grounded in public policy (a policy reflected in the statute) so as
`to prevent the unjustified or improper timewise extension of the "right to exclude"
`granted by a patent and to prevent possible harassment by multiple assignees.
`A nonstatutory obviousness-type double patenting rejection is appropriate where
`the conflicting claims are not identical, but at least one examined application
`claim is not patentably distinct from the reference claim(s) because the examined
`application claim is either anticipated by, or would have been obvious over, the
`reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed.
`Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In
`re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686
`F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ
`619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA
`1969).
`A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or
`1.321 (d) may be used to overcome an actual or provisional rejection based on a
`nonstatutory double patenting ground provided the conflicting application or
`patent either is shown to be commonly owned with this application, or claims an
`invention made as a result of activities undertaken within the scope of a joint
`research agreement.
`Effective January 1, 1994, a registered attorney or agent of record may
`sign a terminal disclaimer. A terminal disclaimer signed by the assignee must
`fully comply with 37 CFR 3.73(b).
`
`3.
`
`Claims 1-23 are rejected on the ground of nonstatutory obviousness-type
`
`double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 7,
`
`043, 543. Although the conflicting claims are not identical, they are not
`
`patentably distinct from each other because these claims include the limitations
`
`which is common to claims 1-23 of the U.S. Patent No. 7, 043, 543.
`
`This is a provisional obviousness-type double patenting rejection because
`
`the conflicting claims have not in fact been patented.
`
`IPR Page 3
`
`

`
`Application/Control Number: 11/548,471
`Art Unit: 2154
`
`Page 3
`
`The following comparison as alphabetized shows the limitations that are
`
`considered common to both applications:
`
`Instant Application
`
`US Patent 7, 043, 543
`
`Claims 1-14 recite to have electrical Claims 1-14 recite to have electrical
`
`power distribution device.
`
`power distribution plugstrip.
`
`The difference
`
`is
`
`to consider
`
`the
`
`Plug strip
`
`as
`
`electrical
`
`power
`
`distribution device is evident from the
`
`claim 15 of the instant application.
`
`It is known to one having ordinary skill
`
`in the art at the time of invention was
`
`made to use the plugstrip as electrical
`
`power distribution device because it
`
`facilitates
`
`to have multiple power
`
`outlets branching from at least one
`
`power input.
`
`Claims 15-23 recite to have electrical Claims 15-23 recite to have electrical
`
`power distribution device.
`
`power distribution plugstrip.
`
`The difference
`
`is
`
`to consider
`
`the
`
`Plug strip
`
`as
`
`electrical
`
`power
`
`distribution device is evident from the
`
`IPR Page 4
`
`

`
`Page 4
`
`Application/Control Number: 11/548,471
`Art Unit: 2154
`
`claim 15 of the instant application.
`
`It is known to one having ordinary skill
`
`in the art at the time of invention was
`
`made to use the plugstrip as electrical
`
`power distribution device because it
`
`facilitates
`
`to have multiple power
`
`outlets branching from at least one
`
`power input.
`
`4.
`
`Claims 1-23 are rejected on the ground of nonstatutory obviousness-type
`
`double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 7,
`
`171, 461. Although the conflicting claims are not identical, they are not
`
`patentably distinct from each other because these claims include the limitations
`
`which is common to claims 1-21 of the U.S. Patent No.7, 171,461.
`
`This is a provisional obviousness-type double patenting rejection because
`
`the conflicting claims have not in fact been patented.
`
`The following comparison as alphabetized shows the limitations that are
`
`considered common to both applications:
`
`Instant Application
`
`US Patent 7, 171, 461.
`
`Claims 1:
`
`Claims 1:
`
`IPR Page 5
`
`

`
`Application/Control Number: 11/548,471
`Art Unit: 2154
`
`Page 5
`
`An electrical power distribution device
`connectable to one or more electrical
`loads in an electrical equipment rack,
`the electrical power distribution device
`comprising in combination:
`
`A remotely manageable power
`management output strip comprising
`in combination:
`
`A. an electrical power distribution
`device enclosure;
`
`A. a power strip housing;
`
`the
`input penetrating
`B. a power
`electrical power distribution device
`enclosure;
`
`C. a plurality of power outputs disposed
`along the electrical power distribution
`the
`device enclosure, each among
`plurality of power outputs being
`connectable to a corresponding one of
`said one or more electrical loads;
`
`B. a plurality of power inputs disposed
`in the power strip housing;
`
`C. a first plurality of power outputs
`disposed in the power strip housing,
`each among the first plurality of power
`outputs being connectable to one or
`more electrical loads external to the
`power strip housing and connected to
`a first power input among the plurality
`of power inputs;
`
`D. a plurality of power control relays
`disposed
`in
`the electrical power
`distribution device enclosure, each
`among said plurality of power control
`relays being connected to said power
`input and
`in
`independent power
`controlling communication with one or
`more corresponding power outputs
`among said plurality of power outputs;
`
`F. a plurality of power control sections
`disposed in the power strip housing,
`each said power control section being
`in
`communication
`with
`the
`communications bus and thereby in
`power controlling communication with
`one or more corresponding power
`outputs among
`the first or second
`plurality of power outputs;
`
`Claim 4. The remotely manageable
`power management output strip of
`claim 1 wherein each among
`the
`plurality of power control sections
`includes a power control
`relay
`in
`power-controlling communication with
`least one corresponding power
`at
`output.
`
`IPR Page 6
`
`

`
`Page 6
`
`G. a communications system disposed
`in the power strip housing, being in
`communication
`with
`said
`communications bus, and having a
`communications processor system in
`communication
`with
`(i)
`said
`communications bus; (ii) said plurality
`of power control sections through the
`communications
`bus;
`(iii)
`a
`communications port connectable to
`an
`external
`communications
`link
`external to the power strip housing;
`
`H. a display disposed in the power
`strip housing in communication with
`the communications bus; and
`
`I. a current determining section
`disposed in the power strip housing in
`communication
`with
`the
`communications bus, whereby
`the
`current determining
`section may
`power-related
`communicate
`information to said display.
`
`Application/Control Number: 11/548,471
`Art Unit: 2154
`
`E. a current-related information display
`disposed on
`the electrical power
`distribution device enclosure in current(cid:173)
`related
`information
`determining
`least one
`communication with at
`among said power
`input and said
`plurality of power outputs; and
`
`information
`current-related
`a
`F.
`reporting system associated with the
`electrical power distribution device
`enclosure and being (i)
`in current(cid:173)
`related
`information
`determining
`communication with at
`least one
`among said power
`input and said
`plurality of power outputs, and
`(ii)
`connectable
`in
`current-related
`information
`transfer
`communication
`with
`a
`separate
`communications
`network distal from the electrical power
`distribution device.
`
`Claim
`
`6.
`
`The
`
`electrical
`
`power
`
`distribution device of claim 1 wherein
`
`the current-related information display
`
`is
`
`in
`
`current
`
`determining
`
`communication with all among
`
`the
`
`plurality of power outputs through at
`
`least one current sensing device.
`
`Claim
`
`7.
`
`The
`
`electrical
`
`power
`
`distribution device of claim 1 wherein
`
`the current-related information display
`
`is
`
`in
`
`current
`
`determining
`
`IPR Page 7
`
`

`
`Page 7
`
`Application/Control Number: 11/548,471
`Art Unit: 2154
`
`communication with all among
`
`the
`
`plurality of power outputs through at
`
`least one current sensing device.
`
`Claim
`
`8. The
`
`electrical
`
`power
`
`distribution device of claim 5 wherein
`
`the current-related information display
`
`is
`
`in
`
`current
`
`determining
`
`communication with all among
`
`the
`
`plurality of power outputs through at
`
`least one current sensing device.
`
`The same analogy
`
`is applicable to
`
`The same analogy
`
`is applicable to
`
`claim 15.
`
`claim 8
`
`5.
`
`Claims 1-23 are rejected on the ground of nonstatutory obviousness-type
`
`double patenting as being unpatentable over claims 1-24 of co-pending
`
`application no. 11/ 548, 187. Although the conflicting claims are not identical,
`
`they are not patentably distinct from each other because these claims include the
`
`limitations which is common to claims 1-24 of co-pending application no. 11/ 548,
`
`187.
`
`This is a provisional obviousness-type double patenting rejection because
`
`the conflicting claims have not in fact been patented.
`
`IPR Page 8
`
`

`
`Application/Control Number: 11/548,471
`Art Unit: 2154
`
`Page 8
`
`The following comparison as alphabetized shows the limitations that are
`
`considered common to both applications:
`
`Instant Application claims 1-23.
`
`co-pending application no. 11/548, 187.
`
`Claims 1-24
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to ASHOK B. PATEL whose telephone number
`
`is (571 )272-3972. The examiner can normally be reached on 6:30am-4:30pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner's supervisor, Nathan A. Flynn can be reached on (571) 272-1915. 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.
`
`IPR Page 9
`
`

`
`Application/Control Number: 11/548,471
`Art Unit: 2154
`
`Page 9
`
`/Ashok B. Patel/
`Primary Examiner, Art Unit 2154
`
`IPR Page 10
`
`

`
`Index of Claims
`
`Application/Control No.
`
`11548471
`
`Examiner
`
`ASHOK B PATEL
`
`Applicant(s)/Patent Under
`Reexamination
`
`EWING ET AL.
`
`Art Unit
`
`2154
`
`Rejected
`
`Cancelled
`
`N Non-Elected
`
`=
`
`Allowed
`
`Restricted
`
`Interference
`
`A
`
`0
`
`Appeal
`
`Objected
`
`D Claims renumbered in the same order as presented by applicant
`
`D CPA
`
`D T.D.
`
`D R.1.47
`
`CLAIM
`Final
`Original
`1
`
`07/09/2008
`./
`
`DATE
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`./
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. : 20080709
`
`IPR Page 11
`
`

`
`Search Notes
`
`Application/Control No.
`
`11548471
`
`Examiner
`
`ASHOK B PATEL
`
`Applicant(s)/Patent Under
`Reexamination
`EWING ET AL.
`
`Art Unit
`
`2154
`
`Class
`
`I
`I
`
`SEARCHED
`
`Subclass
`
`SEARCH NOTES
`
`Search Notes
`Name Search, Continuty search, EAST search of 09/930780 and
`10/313/314 are considered.
`
`Class
`
`I
`I
`
`INTERFERENCE SEARCH
`
`Subclass
`
`I
`I
`
`I
`I
`
`Date
`
`I Examiner
`I
`
`Date
`7/9/08
`
`Examiner
`AP
`
`Date
`
`I Examiner
`I
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. : 20080709
`
`IPR Page 12
`
`

`
`JDW·elb 06/27/07
`
`7273-70199-03
`
`720626
`
`--.
`1.4.o
`
`~\)\. \)
`
`~TION DISCLOSURE STATEMENT
`BY APPLICANT
`
`k'f""E
`( p· INFO
`\ '\.~~ Jl
`\ ~ 1
`
`7273-70199-03
`11/548,471
`October 11, 2006
`Ewing
`2836
`Not yet assigned
`
`Attorney Docket Number
`Application Number
`Filing Date
`First Named Inventor
`Art Unit
`Examiner N arne
`U.S. PATENT DOCUMENTS
`Copies of U.S. Patent documents do not need to be provided, unless requested by the Patent and Trademark Office. For patents, provide the patent
`number and the issue date. For published U.S. applications, provide the publication number and the publication date. For unpublished pending
`patent applications,_pJovide the application number and the filing date.
`Examiner's
`Cite No.
`Initials*
`(optional)
`/A.P./
`
`~
`
`Number
`
`Publication Date
`
`Name of Applicant or Patentee
`
`US-2007-0016664-A1
`
`01118/2007
`
`Ewing et al.
`
`US-2006-0031453-A1
`
`02/09/2006
`
`Ewing et al.
`
`US-2006-0072531-A1
`
`04/06/2006
`
`Ewing et al.
`
`US-2006-0031454-A1
`
`02/09/2006
`
`Ewing et al.
`
`US-2005-0223090-A1
`
`10/06/2005
`
`Ewing et al.
`
`US-2005-0203987-A1
`
`09/15/2005
`
`Ewing et al.
`
`US-2006-0259538-A1
`
`11/16/2006
`
`Maskal y et al.
`
`US-2007-0050443-A1
`
`03/01/2007
`
`Maskaly et al.
`
`US-2007-0140238-A1
`
`06/2112007
`
`Ewing et al.
`
`US-2007-0136453-A1
`
`06/14/2007
`
`Ewing et al.
`
`US-2007-0130243-A1
`
`06/07/2007
`
`Ewing et al.
`
`4,638,175
`
`4,674,031
`
`4,719,364
`
`4,769,555
`
`4,918,562
`
`5,424,903
`
`01120/1987
`
`Bradford et al.
`
`01116/1987
`
`Siska, Jr.
`
`01112/1988
`
`Pequet et al.
`
`09/06/1988
`
`04/1711990
`
`Pequet et al.
`
`Pulizzi et al.
`
`06/13/1995
`
`Schreiber
`
`/Ashokkumar Patel/
`
`DATE
`CONSIDERED:
`
`07/09/2008
`
`\ v
`
`EXAMINER
`SIGNATURE:
`
`*Examiner: Initial if reference considered, whether or not in conformance with MPEP 609. Draw line through cite if not
`in conformance and not considered. Include copy of this form with next communication to applicant.
`
`Information Disclosure Statement ( 1449) Page 1 of 3
`
`IPR Page 13
`
`

`
`JDW ·elb
`
`06/27/07
`
`7273-70199-03
`
`720626
`
`INFORMATION DISCLOSURE STATEMENT
`BY APPLICANT
`
`7273-70199-03
`111548,471
`October 11, 2006
`Ewing
`2836
`Not yet assigned
`
`Attorney Docket Number
`Application Number
`Filing Date
`First Named Inventor
`Art Unit
`Examiner Name
`U.S. PATENT DOCUMENTS
`Copies of U.S. Patent documents do not need to be provided, unless requested by the Patent and Trademark Office:. For patents, provide the patent
`number and the issue date. For published U.S. applications, provide the publication number and the publication date. For unpublished pending
`patent applications, provide the application number and the filing date.
`Examiner's
`Cite No.
`(optional)
`Initials*
`/A.P./
`
`Number
`
`Publication Date
`
`Name of Applicant or Patentee
`
`5,506,573
`
`04/0911996
`
`Ewing et al.
`
`5,534,734
`
`5,949,974
`
`6,011,329
`
`6,229,691
`
`6,388,854
`
`6,507,273
`
`6,711,613
`
`6,741,442
`
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`
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`
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`
`McGovern
`
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`
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`
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`
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`
`Chang et al.
`
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`
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`
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`
`McNally et al.
`
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`
`Pereira
`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
`\ I
`EXAMINER
`DATE
`SIGNATURE:
`CONSIDERED:
`* Examiner: Initial if reference considered, whether or not in conformance with MPEP 609. Draw line through cite if not
`in conformance and not considered. Include copy of this form with next communication to applicant.
`
`/Asl1okkumar Patel/
`
`Ol/09/2008
`
`Information Disclosure Statement (1449) Page 2 of3
`
`IPR Page 14
`
`

`
`JDW·elb
`
`06/27/07
`
`7273-70199-03
`
`720626
`
`INFORMATION DISCLOSURE STATEMENT
`BY APPLICANT
`
`Attorney Docket Number
`Application Number
`Filing Date
`First Named Inventor
`Art Unit
`Examiner Name
`
`7273-70 199-03
`111548,471
`October 11, 2006
`Ewing
`2836
`Not yet assigned
`
`Examiner's
`Initials*
`
`Cite No.
`(optional)
`
`Country
`
`Number
`
`Publication Date
`
`Name of
`Applicant or Patentee
`
`FOREIGN PATENT DOCUMENTS
`
`Examiner's
`Initials*
`/A.P./
`
`Cite No.
`(optional)
`
`\ II
`
`OTHER DOCUMENTS
`
`"TPC 4000/MTD: World's First lU, 30, 16A or 32A Distribution Unit," Pulizzi
`Engineering Inc., 2 pp. ( 1999).
`"PC 5585: Voltage Selectable for 120V- or 240V-, 10, 50/60Hz Up to 30A," Pulizzi
`Engineering Inc., 3 pp. (1999).
`"Complaint for Patent Infringement," Server Technology, Inc. v. American Power
`Conversion Corporation, Case No.: 3:06-CV-
`'58 pp. (12118/06).
`"First Amended Complaint for Patent Infringement," Server Te,~hnology, Inc. v.
`American Power Conversion Corporation, Case No.: 3:06-CV-00698-LRH-VPC, 83 pp.
`(2/20/07).
`"Defendant's Answer and Affirmative Defenses to Plaintiffs Complaint for Patent
`Infringement; Counterclaims for Declaratory Judgment of Patent Noninfringement and
`Patent Invalidity; and Patent Infringement," Case No.: 3:06-CV-00698-LRH-(VPC), 37
`_Qp. _(4/2/07).
`"Defendant's First Amended Answer and Affirmative Defenses to Plaintiffs Complaint
`for Patent Infringement; Counterclaims for Declaratory Judgment of Patent
`Noninfringement and Patent Invalidity; and Patent Infringement," Case No.: 3:06-CV-
`00698-LRH-(VPC), 36 pp. (4/13/07).
`"Plaintiff Server Technology Inc.'s Reply to Defendant's First Amended Counterclaims
`for Declaratory Judgment of Patent Noninfringement and Patent Invalidity; and Patent
`Infringement," Case No.: 3:06-CV-00698-LRH-VPC, 8 pp. (4/30/07).
`
`EXAMINER
`SIGNATURE:
`
`/Ashokkumar Patel/
`
`DATE
`CONSIDERED:
`
`07/09/2008
`
`*Examiner: Initial if reference considered, whether or not in conformance with MPEP 609. Draw line through cite if not
`in conformance and not considered. Include copy of this form with next communication to applicant.
`
`Information Disclosure Statement (1449) Page 3 of3
`
`IPR Page 15

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