Case 1:14—cv—O1101—RGA Document 39-2 Filed 08/17/15 Pag_e_18 of 94 PageID #: 2731
`Application No.
`Applicant(s)
`
`_
`_
`_
`_
`Applicant-Initiated Interview Summary
`
`13/934,763
`Examiner
`
`WESBY—VAN SWAAY.
`EVELINE
`Art Unit
`
`NAM v. NGUYEN
`
`2682
`
`All participants (applicant, app|icant’s representative, PTO personnel):
`
`(1) NAM V. NGUYEN.
`
`(2) 1.
`
`Date of Interview: 02 October 2013.
`
`(3)t/onathan O. Lovely (Reg. No.60.821I.
`
`(4)__.
`
`Type:
`
`[:I Video Conference
`E Telephonic
`E] Personal [copy given to: E] applicant
`
`E] applicant's representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`[:1 Yes
`
`No.
`
`I:]Others
`[I101 |XI112 E1102 {:11 O3
`Issues Discussed
`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: 1
`
`Identification of prior art discussed: None.
`
`Substance of Interview
`(For each issue discussed. provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc...)
`
`Discused during the interview about the Qrogosed claim amendments. Examiner reviewed and considered the
`proposed claims 1 and 27, the current Qromsed claims 1 and 27 does not put into the condition for allowance because
`the claims 1 and 27 are still very broad. Examiner will reconsider the proposed amendment when officially filed.
`
`Applicant recordation instructions: The formal written reply to the last Office action must include the substance of the interview. (See MPEP
`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
`thirty days from this interview date, or the mailing date of this interview summary form, whichever is later, to file a statement ofthe substance of the
`interview
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordatlon of
`the substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`[:1 Attachment
`INAM V NGUYEN/
`Primary Examiner, Art Unit 2682
`
`U 5. Patent and Trademark Office
`
`PTOL-413 (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20131002
`
`1
`
`M2M 0011891
`
`M2M Ex. 2009
`
`1
`
`M2M Ex. 2009
`
`

`
`Case 1:14-cv-01101-RGA Documegt 39-2 Filed O8((17/15 Page 19 of 94 PagelD #: 2732
`Summaryo
`ecordofin ervrew equirements
`
`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of interview Must be Made of Record
`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
`application whether or not an agreement with the examiner was reached at the interview.
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 interviews
`Paragraph (b)
`
`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
`warranting favorable action must be filed by the applicant. An interview does not remove the necessity for reply to Office action as specified in §§ 1111, 1.135, (85 U.S.C. 132)
`
`37 CFR §1.2 Business to be transacted in writing.
`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
`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
`any alleged oral promise. stipulation, or understanding in relation to which there is disagreement or doubt.
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
`incomplete through the failure to record the substance of interviews.
`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
`the examiner indicates he or she will do so.
`It is the examiners responsibility to see that such a record is made and to correct material inaccuracies
`which bear directly on the question of patentability.
`
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters. directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure. or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`
`The interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
`"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
`conclusion of the interview.
`In the case of a telephone or video-conference interview, the copy is mailed to the applicant’s correspondence address
`either with or prior to the next official communication. if additional correspondence from the examiner is not likely before an allowance or if other
`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`——Application Number (Series Code and Serial Number)
`— Name of applicant
`~Name of examiner
`— Date of interview
`—Type of interview (telephonic, video—conference, or personal)
`~Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`—An indication whether or not an exhibit was shown or a demonstration conducted
`—An identification of the specific prior art discussed
`— An indication whether an agreement was reached and if so, a description of the general nature of the agreement (may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
`not restrict further action by the examiner to the contrary.
`—The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
`
`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
`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substance of the interview.
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`interview Summary Form completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The identification of the arguments is sufficient if the general nature orthrust of the principal arguments made to the
`examiner can be understood in the context of the application file, Of course, the applicant may desire to emphasize and fully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
`the examiner.
`Examiners are expected to carefully review the applicants record of the substance of an interview.
`accurate. the examiner will give the applicant an extendable one month time period to correct the record.
`
`If the record is not complete and
`
`Examiner to Check for Accuracy
`
`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examine-r’s version of the
`statement attributed to him or her.
`If the record is complete and accurate, the examiner should place the indication, “Interview Record OK” on the
`paper recording the substance of the interview along with the date and the examiners initials.
`
`2
`
`M2M 0011892
`
`M2M Ex. 2009
`
`2
`
`M2M Ex. 2009