UNITED STATES PATENT AND TRADEMARK OFT-TCE
`
`UNITED STATES DEI’.-\RT.\‘flZ.\'T OF CO.\D'IEIl('E
`l'nitcd States Patent and Trademark Office
`Addicu: COMNIISSIONFR FOR P.~’\TE\'TS
`I’ O Box l-150
`Alexnndna. \’iiiuiIa I.‘3l3-1450
`ww\\..inpIu.gu\
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`i\PPI.I(‘:\TlON NO.
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`ISSI 'F. DATF
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`PA’I'F.\'T N0.
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`;\'l’I‘OR.\.'F.Y DOCKET NO.
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`('()NFlRMz\TION NO.
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`ll/409,611
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`08/13/2013
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`8506€»l2
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`PSL-O03 (CON)
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`644): I
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`75*)”
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`157/24/21) I
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`.1
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`LYREN, PC
`PHILIP
`289 Woodland Avenue
`Wadsworlh, OH 44281
`
`2766
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`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
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`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
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`The Patent Term Adjustment is 1524 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
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`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
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`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (_http://pair.uspto.gov).
`
`Any questions iegarding the Patent Term Extension or Adjustment detennination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLlCANT( S) (Please see PAIR WEB site hllp://pair.uspto.g0v for additional applicants):
`
`Philip Scott Lyren. Cleveland Heights, OH;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit .
`
`[R103 (Rev. 10/09)
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`Page 1 of 282
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`ZIMMER EXHIBIT 1004
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`Application/Control No.
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`App|icant(s)/Patent Under
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`Reexamination
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`LYREN PHILIP SCOTT
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`Art Unit
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`3733
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`Page 1 of4
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`11/4095“
`Examiner
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`MARY HOFFMAN
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`U.S. PATENT DOCUMENTS
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`couni5‘?§’o‘$'§.?i'Ltm'1',iTi3‘§§ Code
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`US-3,605,123 A
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`US-3,662,405 A
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`US-3,707,006 A
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`US-3,808,606 A
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`US-3,906,550 A
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`Us-3,938,198 A
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`US-4,551,863 A
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`US-4,713,076 A
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`Us-4,878,919 A
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`MMEf§‘?$yY
`09-1971
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`FOREIGN PATENT DOCUMENTS
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`classification
`623/23.55
`623/23.51
`424/422
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`428/613
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`623/23.55
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`433/175
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`‘A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
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`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
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`U.S. Patent and Trademark Office
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`PTO-892 (Rev. 01-2001)
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`Part of Paper No. 20100609
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`PART B - FEE(S) TRANSMITTAL
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`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block U01 any 0116113: of adtllcbst
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`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`Commissioner for Patents
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`or @ (571)-273-2885
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`through 5 should be completed where
`lNS'1'RUC'1'lONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
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`ap ropriate. All further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as
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`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
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`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
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`Certificate of Mailing or Transmission
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`S(tiates Peistal Sdelrvice vyith sufficient postage (fir first glass mailbin an envelope
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`transmitted to the USPTO (571) 273-2885, on the date indicated below.
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`a
`7590
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`LYREN, PC
`PHILIP
`1
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`Woodland Avcnlh‘
`Wadsworth, OII 44281
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`7 7
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`O‘/0“/“O13
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`04/Z4/2006
`11/409.611
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`TITLE OF INVENTION: Hip implant with porous body
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`Philip Scott Lyren
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`PSL—003 (CON)
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`APPLN. TYPE
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`ENTITY STATUS
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`ISSUE FEE DUE
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`$890
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`ART UNIT
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`3733
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`HOFFMAN. MARY C
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`1. Change of correspondence address or indication of "Fee Address" (37
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`CF 1 1.363).
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`3 Change of correspondence address (or Change of Correspondence
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`Addrcss ("rm PTO/SB/122) attached‘
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`>TO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
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`DATE DUE
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`10/02/2013
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`623-0221 10
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`2. For printing on the patent front page, list
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`registered attorney 01' 339111) 31111 1119 11311155 0f11l—1 E0
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`Zrcgistcred patent attorneys or agents. If no name is
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`3. ASSIGNE3 1\'.€LV1E AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
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`If an assigncc is identified below. the document has been filed for
`DLEASE NOTE: Unlcss an assigncc is identified below. no assigncc data will appear on the patent.
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`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
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`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
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`3 A check is enclosed.
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`3 Payment by credit card. Form PTO—2038 is attached.
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`2 The Director is hereby authorized to charge
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`PTOL-85 (Rev. 02/11)
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`5. Change in Entity Status (from status indicated above)
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`NOTE: Absent a valid certification of Micro Entity Status (see form l’TO/SB/ 15A and 15B), issue
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`NOTE: If the application was previously under micro entity status, checking this box will be taken
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`to be a notification of loss of entitlement to micro entity status.
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`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
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`entity status, as applicable.
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`NOTE: The Issue Fee and Publication Fcc (if rcquircd) will not be accepted from anyone other than the applicant; a rcgistcrcd attorney or agent; or the assignce or other party in
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`interest as shown by the records of the United States Patent and Trademark Office.
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`This collection of information is required by 37 CFR 1.311. The information is re uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
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`submitting the completed application form to the USPTO. Time will V
`dc endin upon the individual case. Any comments on the amount of time you require to complete
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`this form and/or su gestions for reducing this burden, should be sent to
`e Chief In ormation Officer, US. Patent and Trademark Office, US. Department of Commerce. PO.
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`Box 1450, Alexan ria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FORVIS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
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`Alexandria, Virginia 22313-1450.
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`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection ofinformation unless it displays a valid OMB control number.
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`PTOL—85 (Rev. 02/11) Approved for use through 08/31/2013.
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`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
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`Page 4 of 282
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`Electronic Patent Application Fee Transmittal
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`Filing Date:
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`24-Apr-2006
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`Title of Invention:
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`Hip implant with porous body
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`First Named Inventor/Applicant Name:
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`Philip Scott Lyren
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`Filer:
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`Attorney Docket Number:
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`Utility under 35 USC 11 1 (a) Filing Fees
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`Philip Scott Lyren
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`PSL-003 (CON)
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`Description
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`Quantity
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`Basic Filing:
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`Claims:
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`Miscellaneous-Filing:
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`Patent-Appeals-and-Interference:
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`Post-Allowance-and-Post-lssuance:
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`Extension-of-Time:
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`Description
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`Sub-Total in
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`Electronic Acknowledgement Receipt
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`16238813
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`Confirmation Number:
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`Title of Invention:
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`Hip implant with porous body
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`First Named Inventor/Applicant Name:
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`Philip Scott Lyren
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`Customer Number:
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`64021
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`I F
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`iler Authorized By:
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`Attorney Docket Number:
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`PSL—003 (CON
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`Time Stamp:
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`00:12:55
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`Application Type:
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`Utility under 35 USC 111(a)
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`Payment information:
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`yes
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`$890
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`Authorizeduser —
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`The Director ofthe USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
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`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
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`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
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`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
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`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
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`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
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`|ssue_Fee.pdf
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`Warnings:
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`Fee Worksheet (SBO6)
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`fee-info.pdf
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`File Size(Bytes)/
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`180340
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`33df843cla0dd6383d503l 86i"fb82da74dc
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`1 7l89a6bd38d735037e97aca9315elZe54c
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
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`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
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`Post Card, as described in MPEP 503.
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`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in clue course and the date shown on this
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`National Stage of an International Application under 35 U.S.C. 371
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`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
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`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
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`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`New International Application Filed with the USPTO as a Receiving Office
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`lfa new international application is being filed and the international application includes the necessary components for
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`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
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`and of the International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
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`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
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`Applicant-Initiated Interview Summary
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`Application No.
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`App|icant(s)
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`11/409,611
`Examiner
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`MARY HOFFMAN
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`LYREN, PHILIP SCOTT
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`Art Unit
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`3733
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`All participants (applicant, applicant’s representative, PTO personnel):
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`(1) MARY HOFFMAN.
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`(2) PH/L/P LYREN.
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`Date of Interview: 24 June 2013.
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`Type:
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`|:I Video Conference
`Telephonic
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`[I Personal [copy given to: I] applicant
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`I:I Yes
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`Exhibit shown or demonstration conducted:
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`If Yes, brief description:
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`I:l applicant’s representative]
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`I:l No.
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`l:I101 D112 D102 l:|103 I:IOthers
`Issues Discussed
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`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
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`CIaim(s) discussed: a_//.
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`Identification of prior art discussed:
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`Substance of Interview
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`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
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`reference or a portion thereof, claim interpretation. proposed amendments, arguments of any applied references etc...)
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`AQQ/icant and examiner agreed to an examiner amendment. .
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`Applicant recordation instructions: The formal written reply to the last Office action must include the substance of the interview. (See MPEP
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`section 713.04). If a reply to the last Office action has already been filed, applicant is given a non-extendable period of the longer of one month or
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`thirty days from this interview date, or the mailing date of this interview summary form, whichever is later, to file a statement of the substance of the
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`interview
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`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of
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`the substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
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`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
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`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
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`|:| Attachment
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`/Mary C. Hoffman/
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`Primary Examiner, Art Unit 3733
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`U S Patent and Trademark Office
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`PTOL-413 (Rev. 8/11/2010)
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`Interview Summary
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`Paper No. 20130625
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`Page 9 of 282
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`Summary of Record of Interview Requirements
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`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record
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`A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the
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`application whether or not an agreement with the examiner was reached at the interview.
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`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
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`Paragraph (b)
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`in every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
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`warranting favorable action must be filed by the applicant. An interview does not remove the necessity for reply to Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
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`37 CFR §1.2 Business to be transacted in writing.
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`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
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`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
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`any alleged oral promise. stipulation, or understanding in relation to which there is disagreement or doubt.
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`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
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`incomplete through the failure to record the substance of interviews.
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`It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
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`the examiner indicates he or she will do so.
`It is the examiner’s responsibility to see that such a record is made and to correct material inaccuracies
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`which bear directly on the question of patentability.
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`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
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`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
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`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
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`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
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`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
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`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file. and listed on the
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`“Contents” section of the file wrapper.
`In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
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`conclusion of the interview.
`In the case of a telephone or video-conference interview, the copy is mailed to the applicant's correspondence address
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`either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if other
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`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
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`The Form provides for recordation of the following Information:
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`—Application Number (Series Code and Serial Number)
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`— Name of applicant
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`—Name of examiner
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`— Date of interview
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`—Type of interview (telephonic, video-conference, or personal)
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`—Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
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`—An indication whether or not an exhibit was shown or a demonstration conducted
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`—An identification of the specific prior art discussed
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`— An indication whether an agreement was reached and if so, a description of the general nature of the agreement (may be by
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`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
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`not restrict further action by the examiner to the contrary.
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`—The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
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`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
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`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
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`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
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`substance of the interview.
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`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
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`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
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`2) an identification of the claims discussed,
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`3) an identification of the specific prior art discussed,
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`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
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`Interview Summary Form completed by the Examiner,
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`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
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`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
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`required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
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`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize and fully
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`describe those arguments which he or she feels were or might be persuasive to the examiner.)
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`6) a general indication of any other pertinent matters discussed, and
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`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
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`the examiner.
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`Examiners are expected to carefully review the applicant‘s record of the substance of an interview.
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`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
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`If the record is not complete and
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`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner’s version of the
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`statement attributed to him or her.
`If the record is complete and accurate, the examiner should place the indication, “Interview Record OK” on the
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`paper recording the substance of the interview along with the date and the examiner’s initials.
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`Examiner to Check tor Accuracy
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`Page 10 of 282
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`UNl’l‘l:'D S'l‘A’I‘ES PA’l‘l:‘N'l‘ AND TRADEMARK OFFICTE
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`UNI'l‘ED S'I‘ATl5B DIiI’AR'I'.\lli‘l'I‘ OF COMMERCE
`United States Patent and Tradennirk Office
`A-iclrcss, (‘()MMlSSl()Nl{R FDR PA’I'lil\"I'S
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`\\ ww llsplu ,;
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
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`()7/()2./‘Z013
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`PHILIP S. LYREN. PC
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`DATE MAILED: 07/02/2013
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`EX.-’\MI.\IER
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`HOFF.VIAl\'.l\lARYC
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`TIIE APPLICATION IDENTIFIED ABOVE IIAS BEEN EXAMINED AND IS ALLOWED FOR ISSIIANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
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`II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
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`Page 11 of 282
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`Page I of 4
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`PART B - FEE(S) TRANSMITTAL
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`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block U01 any 0116113: of adtllcbst
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`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
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`Commissioner for Patents
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`P.0. Box 1450
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`Alexandria, Virginia 22313-1450
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`or @ (571)-273-2885
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`through 5 should be completed where
`lNS'1'RUC'1'lONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
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`ap ropriate. All further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as
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`in icated unless corrected below or directed otherwise in