`
`PATENT APPLICATION
`
`In re the Application of:
`
`EWING, et al.
`
`Application No.: 11/548,471
`
`Filed: October 11, 2006
`
`Atty. Docket No.:
`
`Title: "ELECTRICAL POWER
`DISTRIBUTION DEVICE HAVING
`A CURRENT DISPLAY"
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`) Art Unit: 2154
`)
`) Examiner: Patel, Ashokkumar B.
`)
`) Confirmation No.: 5426
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT
`(37 CFR §1.97)
`
`Dear Sir:
`
`Pursuant to the duty of disclosure set forth at 37 CFR § 1.56 and the requirements for
`
`filing an Information Disclosure Statement set forth at 37 CFR §§1.97-1.98, enclosed is Form
`
`PTO/SB/08a (hereinafter "the Form") with a list of all items being submitted for consideration
`
`by the Office.
`
`A legible copy of each item listed in the Form that is not a U.S. patent or a published U.S.
`
`patent application, and not identified as being cumulative, is enclosed.
`
`Payment of the fee set forth at 37 CFR § 1.17(p) is being submitted as follows:
`
`1.
`
`Credit Card Payment Form- Electronic Payment Form
`
`IPR Page 1
`
`Raritan v. Server Technology
`
`RARITAN EXHIBIT 1008
`
`
`
`Patent Application No. 11/548,471
`
`2.
`
`Please debit any underpayment or credit any overpayment to
`
`Deposit
`
`Account 08-2623.
`
`The disclosure of the documents identified on the Form is not to be construed as an
`
`admission that any of the documents, alone or in any combination, is considered to be material to
`
`patentability as defined in 37 CFR §1.56(b). Moreover, the disclosure ofthese documents is not
`
`to be construed as an admission that any of the documents are prior art as to the above-identified
`
`application.
`
`Respectfully submitted,
`
`HOLLAND & HART LLP
`
`By:;?~~
`
`Kenneth C. Winterton
`Registration No. 48,040
`P.O. Box 8749
`Denver, Colorado 80201-8749
`(303) 473-2700, x2717
`
`3939503_1.DOC
`
`- 2 -
`
`IPR Page 2
`
`
`
`PTOISB/08a (09-08)
`Doc code :IDS
`Approved for use through 10/31/2008. OMB 0651-0031
`Doc description: Information Disclosure Statement (IDS) Filed
`U.S. 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.
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`Filing Date
`
`11548471
`
`2006-10-11
`
`First Named Inventor
`
`I Ewing
`
`Art Unit
`
`Examiner Name
`
`Attorney Docket Number
`
`2154
`I Patel. Ashokkumar B.
`7273-70199-03
`
`Examiner Cite
`Initial*
`No
`
`Patent Number
`
`Kind
`Code1 Issue Date
`
`Name of Patentee or Applicant
`of cited Document
`
`Pages.Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`
`U.S.PATENTS
`
`I Remove I
`
`1
`
`4644320
`
`1987-02-17
`
`Carr, et al.
`
`2
`
`5650771
`
`1997-07-22
`
`Lee
`
`3
`
`5736847
`
`1998-04-07
`
`Van Doorn, et al.
`
`4
`
`5923103
`
`1999-07-13
`
`Pulizzi, et al.
`
`5
`
`5995911
`
`1999-11-30
`
`Hart
`
`6
`
`6476729
`
`2002-11-05
`
`Liu
`
`7
`
`6628009
`
`2003-09-30
`
`Chapel
`
`If you wish to add additional U.S. Patent citation information please click the Add button.
`
`U.S.PATENT APPLICATION PUBLICATIONS
`
`I
`I Add
`I Remove I
`
`EFS Web 2.1.6
`
`IPR Page 3
`
`
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`Filing Date
`
`11548471
`
`2006-10-11
`
`First Named Inventor
`
`I Ewing
`
`Art Unit
`
`Examiner Name
`
`2154
`I Patel. Ashokkumar B.
`
`Attorney Docket Number
`
`7273-70199-03
`
`Examiner Cite
`Initial*
`No
`
`Publication Number
`
`Kind Publication
`Code1 Date
`
`Name of Patentee or Applicant
`of cited Document
`
`Pages.Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`
`1
`
`I
`If you wish to add additional U.S. Published Application citation information please click the Add button .I Add
`IRemovel
`
`FOREIGN PATENT DOCUMENTS
`
`Examiner Cite Foreign Document
`Initial*
`No Number3
`
`Country
`Code2 i
`
`Kind Publication
`Code4 Date
`
`Name of Patentee or
`Applicant of cited
`Document
`
`Pages,Columns,Lines
`where Relevant
`Passages or Relevant
`Figures Appear
`
`T5
`
`1
`
`D
`
`I
`If you wish to add additional Foreign Patent Document citation information please click the Add button I Add
`IRemovel
`NON-PATENT LITERATURE DOCUMENTS
`
`Examiner Cite
`Initials* No
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item
`(book, magazine, journal, serial, symposium, catalog, etc), date, pages(s), volume-issue number(s),
`publisher, city and/or country where published.
`
`T5
`
`SYSTEMS ENHANCEMENT CORPORATION, "Power Administrator 800 User Manual," October 1, 1996, Systems
`Enhancement Corporation, Chesterfield, MO, USA
`
`AMERICAN POWER CONVERSION CORPORATION, "MasterSwitch VM Power Distribution Unit User Guide,"
`December, 1999, American Power Conversion Corporation, W. Kingston, Rl, USA
`
`AMERICAN POWER CONVERSION CORPORATION, "MasterSwitch VM Power Distribution Unit Installation and
`Quick Start Manual," December 1999, American Power Conversion Corporation, W. Kingston, Rl, USA
`
`AMERICAN POWER CONVERSION CORPORATION, "PowerNet SNMP Management Information Base v3.1.0
`Reference Guide," November 1999, American Power Conversion Corporation, W. Kingston, Rl, USA
`
`D
`
`D
`
`D
`
`D
`
`1
`
`2
`
`3
`
`4
`
`EFS Web 2.1.6
`
`IPR Page 4
`
`
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`Filing Date
`
`11548471
`
`2006-10-11
`
`First Named Inventor
`
`I Ewing
`
`Art Unit
`
`Examiner Name
`
`2154
`I Patel. Ashokkumar B.
`
`Attorney Docket Number
`
`7273-70199-03
`
`5
`
`6
`
`7
`
`8
`
`9
`
`"Server Technology, Inc.'s Fifth Amended Disclosure of Asserted Claims and Preliminary Infringement Contentions
`With Exhibits," Server Technology, Inc. v. American Power Conversion Corporation, Case No.: 3:06-CV-00698-LRH- D
`VPC, 30 pp. (9/29/2007)
`
`"American Power Conversion Corporation's Preliminary Invalidity Contentions," Server Technology, Inc. v. American D
`Power Conversion Corporation, Case No.: 3:06-CV-00698-LRH-VPC, 89 pp. (10/12/2007)
`
`"American Power Conversion Corporation's Preliminary Claim Constructions and Extrinsic Evidence (Patent Local
`Rule 4-2)," Server Technology, Inc. v. American Power Conversion Corporation, Case No.: 3:06-CV-00698-LRH-VPC, D
`8 pp. (1/21/2008)
`
`"Plaintiff and Counterdefendant Server Technology, Inc.'s Preliminary Claim Constructions and Extrinsic Evidence
`(Patent Local Rule 4-2), Server Technology, Inc. v. American Power Conversion Corporation, Case No.: 3:06-
`CV-00698-LRH-VPC, 7 pp. (1/29/2008)
`
`"Joint Claim Construction Chart and Prehearing Statement (Patent Rule 4.3)," Server Technology, Inc. v. American
`Power Conversion Corporation, Case No.: 3:06-CV-00698-LRH-VPC, 77 pp. (2/22/2008)
`
`D
`
`D
`
`10
`
`"Plaintiff and Counterdefendant Server Technology, Inc.'s Opening Claim Construction Brief," Server Technology, Inc. D
`v. American Power Conversion Corporation, Case No.: 3:06-CV-00698-LRH-VPC, 206 pp. (5/19/2008)
`
`11
`
`12
`
`"American Power Conversion Corp.'s Response to Plaintiff and Counterdefendant Server Technology, Inc.'s Opening D
`Claim Construction Brief," Server Technology, Inc. v. American Power Conversion Corporation, Case No.: 3:06-
`CV-00698-LRH-VPC, 279 pp. (7/25/2008)
`
`"Plaintiff and Counterdefendant Server Technology, Inc.'s Reply to APC's Response to STI's Opening Claim
`Construction Brief," Server Technology, Inc. v. American Power Conversion Corporation, Case No.: 3:06-CV-00698-
`LRH-VPC, 287 pp. (8/8/2008)
`
`D
`
`If you wish to add additional non-patent literature document citation information please click the Add button I Add
`EXAMINER SIGNATURE
`
`I
`
`Examiner Signature I
`
`I
`*EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through a
`citation if not in conformance and not considered. Include copy of this form with next communication to applicant.
`
`I Date Considered
`
`1 See Kind Codes of USPTO Patent Documents at www.USPTO.GOV or MPEP 901.04. 2 Enter office that issued the document, by the two-letter code (WI PO
`Standard ST.3). 3 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number of the patent document.
`4 Kind of document by the appropriate symbols as indicated on the document under WI PO Standard ST.16 if possible. 5 Applicant is to place a check mark here i
`English language translation is attached.
`
`EFS Web 2.1.6
`
`IPR Page 5
`
`
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`Filing Date
`
`11548471
`
`2006-10-11
`
`First Named Inventor
`
`I Ewing
`
`Art Unit
`
`Examiner Name
`
`Attorney Docket Number
`
`2154
`I Patel. Ashokkumar B.
`7273-70199-03
`
`Please see 37 CFR 1.97 and 1.98 to make the appropriate selection(s):
`
`CERTIFICATION STATEMENT
`
`That each item of information contained in the information disclosure statement was first cited in any communication
`D from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of the
`information disclosure statement. See 37 CFR 1.97(e)(1 ).
`
`OR
`
`That no item of information contained in the information disclosure statement was cited in a communication from a
`foreign patent office in a counterpart foreign application. and, to the knowledge of the person signing the certification
`after making reasonable inquiry, no item of information contained in the information disclosure statement was known to
`D any individual designated in 37 CFR 1.56(c) more than three months prior to the filing of the information disclosure
`statement. See 37 CFR 1.97(e)(2).
`
`D See attached certification statement.
`[8] Fee set forth in 37 CFR 1.17 (p) has been submitted herewith.
`D None
`
`SIGNATURE
`A signature of the applicant or representative is required in accordance with CFR 1.33, 1 0.18. Please see CFR 1.4(d) for the
`form of the signature.
`
`Signature
`
`Name/Print
`
`/Kenneth C. Winterton/
`
`Kenneth C. Winterton
`
`Date (YYYY-MM-DD)
`
`2008-10-20
`
`Registration Number
`
`48,040
`
`This collection of 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 1 hour 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, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND
`FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria,
`VA 22313-1450.
`
`EFS Web 2.1.6
`
`IPR Page 6
`
`
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 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.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`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 the Freedom of Information Act requires disclosure of these records.
`
`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)).
`
`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 inspections 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.
`
`EFS Web 2.1.6
`
`IPR Page 7