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
`
`57058.0014
`
`5426
`
`26582
`7590
`HOLLAND & HART, LLP
`P.O BOX 8749
`DENVER, CO 80201
`
`06/25/2009
`
`EXAMINER
`
`PATEL, ASHOKKUMAR B
`
`ART UNIT
`
`PAPER NUMBER
`
`2449
`
`MAIL DATE
`
`DELIVERY MODE
`
`06/25/2009
`
`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 1009
`
`
`
`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
`
`57058.0014
`
`5426
`
`26582
`7590
`HOLLAND & HART, LLP
`P.O BOX 8749
`DENVER, CO 80201
`
`06/25/2009
`
`EXAMINER
`
`PATEL, ASHOKKUMAR B
`
`ART UNIT
`
`PAPER NUMBER
`
`2449
`
`MAIL DATE
`
`DELIVERY MODE
`
`06/25/2009
`
`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 1009
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`U.S. Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`APPLICATION NO./
`CONTROL NO.
`11548471
`
`FILING DATE
`
`10/11/2006
`
`FIRST NAMED INVENTOR I
`PATENT IN REEXAMINATION
`EWINGET AL.
`
`HOLLAND & HART, LLP
`P.O BOX 8749
`DENVER, CO 80201
`
`ATTORNEY DOCKET NO.
`
`57058.0014
`
`EXAMINER
`
`ASHOK B .. PATEL
`
`ART UNIT
`
`I PAPER
`
`2449
`
`20090618
`
`DATE MAILED:
`
`Please find below and/or attached an Office communication concerning this application or
`proceeding.
`
`See attached requirement for information under 3 7 CFR 1.105.
`
`Commissioner for Patents
`
`PT0-90C (Rev.04-03)
`
`Ashok B. Patel
`Primary Examiner
`Art Unit: 2449
`
`IPR Page 2
`
`
`
`Application/Control Number: 11/548,471
`Art Unit: 2449
`
`Page 2
`
`REQUIREMENT FOR INFORMATION UNDER 37 C.F.R. § 1.105
`
`1.
`
`Applicant and the assignee of this application are required under 37 CFR
`
`1.105 to provide the following information that the examiner has determined is
`
`reasonably necessary to the examination of this application. See Star Fruits
`
`S.N.C.v. United States, 73 USPQ2d 1409 (CA FC 2005).
`
`Examiner has noted the Information Disclosure submitted on October 20,
`
`1008 includes the court document identified as the following:
`
`An email with a heading "Sullivan, Sandie S." This email has an
`
`attachment wherein Exhibit A, Exhibit B and Exhibit C incorporates the APC
`
`products AP7900, AP7901, AP 7902, AP7930, AP7931, AP7932, AP7940,
`
`AP7941 , AP7911 , AP7920, AP7921 , AP7960, AP7961 , AP7968, AP7990,
`
`AP8991, and AP7998 (hereinafter APC family of products) involving infringement
`
`contentions, declared by Sever Technology Inc., for their US Patent Nos. 7, 043,
`
`543, 7, 099,934 and 7, 171,461.
`
`Accordingly, the Examiner requests any documentations including but not
`
`limited to, Instruction Manuals, Installation Manuals, Sales Manuals and any
`
`other information pertaining to the APC family of products which are relevant to
`
`the instant disclosure.
`
`Examiner's request also includes the current as well as all prior versions
`
`of the documents that are related to the APC family of products.
`
`2.
`
`Applicant is reminded that failure to fully reply to this requirement for
`
`information will result in a holding of abandonment.
`
`IPR Page 3
`
`
`
`Application/Control Number: 11/548,471
`Art Unit: 2449
`
`Page 3
`
`3.
`
`The fee and certification requirements of 37 CFR 1 .97 are waived for
`
`those documents submitted in reply to this requirement. This waiver extends only
`
`to those documents within the scope of this requirement under 37 CFR 1.105
`
`that are included in the applicant's first complete communication responding to
`
`this
`
`requirement. Any supplemental
`
`replies subsequent
`
`to
`
`the
`
`first
`
`communication responding to this requirement and any information disclosures
`
`beyond the scope of this requirement under 37 CFR 1.105 are subject to the fee
`
`and certification requirements of 37 CFR 1.97.
`
`Conclusion
`
`4.
`
`This requirement is subject to the provisions of 37 CFR 1.134, 1.135 and
`
`1 .136 and has a shortened statutory period of ONE month.
`
`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, Thu Nguyen can be reached on (571) 272-6769. The fax
`
`phone number for the organization where this application or proceeding is
`
`assigned is 571-273-8300.
`
`IPR Page 4
`
`
`
`Application/Control Number: 11/548,471
`Art Unit: 2449
`
`Page 4
`
`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.
`
`/Ashok B. Patel/
`Primary Examiner, Art Unit 2449
`
`IPR Page 5
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