Notice of Allowability
`
`Application No.
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`11/548,471
`Examiner
`
`Applicant(s)
`
`EWING ET AL.
`Art Unit
`
`ASHOK B. PATEL
`
`2449
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. 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 ALLOW ABILITY 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. 1Zl This communication is responsive to 12/23/2009.
`2. 1Zl The allowed claim(s) is/are 1-23.
`3. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) D All
`b) D Some*
`c) D None
`of the:
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D 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.
`4. 0 A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PT0-152) which gives reason(s) why the oath or declaration is deficient.
`5. D CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`(a) D including changes required by the Notice of Draftsperson's Patent Drawing Review ( PT0-948) attached
`1) D hereto or 2) D to Paper No./Mail Date __ .
`(b) D including changes required by the attached Examiner's Amendment I Comment or in the Office action of
`Paper No./Mail 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. 0 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. D Notice of References Cited (PT0-892)
`2. D Notice of Draftperson's Patent Drawing Review (PT0-948)
`
`3. [gilnformation Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date __
`4. D Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`/Ashok B. Patel/
`Primary Examiner, Art Unit 2449
`
`5. D Notice of Informal Patent Application
`6. D Interview Summary (PT0-413),
`Paper No./Mail Date __ .
`7. [gl Examiner's AmendmenUComment
`
`8. [gl Examiner's Statement of Reasons for Allowance
`
`9. [gl Other Interview Request.
`
`U.S. Patent and Trademark Off1ce
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20100111
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`IPR Page 1
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`Raritan v. Server Technology
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`RARITAN EXHIBIT 1011
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`

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`Application/Control Number: 11/548,471
`Art Unit: 2449
`
`DETAILED ACTION
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`1.
`
`Claims 1-23 are allowed.
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`Terminal Disclaimer
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`Page 2
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`2.
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`The terminal disclaimer filed on 10/07/2008 disclaiming the terminal
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`portion of any patent granted on this application which would extend beyond the
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`expiration date of any patent granted on Application No. 09/930, 780 (US 7, 043,
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`543) and Application No. 10/313, 314 (US 7, 171, 461) has been reviewed and
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`is accepted. The terminal disclaimer has been recorded.
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`Examiner's comment
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`3.
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`Examiner's comment on discussion of November 20, 2009 for which the
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`attached Interview request was submitted. Although the request has Application
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`number 11/126, 092 on it, the request equally pertained to this application as
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`well.
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`Applicant's representative has stated in the response that " In this
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`discussion, Mr. Ryan explained that we have investigated the matter, reviewed
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`the requested materials, and found nothing material in them. In view of that
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`explanation, we understood the Examiner to indicate that the applicants therefore
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`need provide nothing further in response to the Rule 1.105 request." However,
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`Examiner had stated during the discussion that the material has to be reviewed
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`for its applicability to the patentability of the claims of this application. From the
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`response of Mr. Ryan as Examiner has quoted above, Examiner deducts that the
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`"material" has nothing in it for its applicability to the patentability of the claims of
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`this application.
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`IPR Page 2
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`

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`Application/Control Number: 11/548,471
`Art Unit: 2449
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`Page 3
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`REASONS FOR ALLOWANCE
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`4.
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`The following is an examiner's statement of reasons for allowance:
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`None of the prior arts of record teach or suggest the claimed limitation for
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`the same reasons as stated in the reasons for allowance of the Application no.
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`09/930, 780 None of the prior arts of record teach or fairly suggest the claimed
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`limitations.
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`Any comments considered necessary by applicant must be submitted no
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`later than the payment of the issue fee and, to avoid processing delays, should
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`preferably accompany the issue fee. Such submissions should be clearly labeled
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`"Comments on Statement of Reasons for Allowance."
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`Any inquiry concerning this communication or earlier communications from
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`the examiner should be directed to ASHOK B. PATEL whose telephone number
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`is (571 )272-3972. The examiner can normally be reached on 6:30am-4:30pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the
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`examiner's supervisor, Glenton Burgess can be reached on (571) 272-3949. The
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`fax phone number for the organization where this application or proceeding is
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`assigned is 571-273-8300.
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`PAIR. Status information for unpublished applications is available through
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`Private PAIR only. For more information about the PAIR system, see http://pair-
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`IPR Page 3
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`

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`Application/Control Number: 11/548,471
`Art Unit: 2449
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`Page 4
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`
`/Ashok B. Patel/
`Primary Examiner, Art Unit 2449
`
`IPR Page 4