`
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`APPLICATION NO.
`
`2 8,791,154 B2
`: 13/475607
`
`DATED
`INVENTOR(S)
`
`: July 29, 2014
`: Daniel A. Gamache et al.
`
`Pagg 1 Of]
`
`It is certified that error appears in the above—identified patent and that said Letters Patent is hereby corrected as shown below:
`
`On the Title Page:
`
`Item (56), under References Cited, please remove --5,874,414 A 2/1999 Haseloff et al.--.
`
`Signed and Sealed this
`
`Fourteenth Day of October, 2014
`
`‘%u;4.z,&.Z/.42..
`
`Michelle K. Lee
`
`Deputy Director ofthe United States Patent and Trademark Oflice
`
`000001
`
`ARGENTUM PHARM. 1009
`ARGENTUM PHARM. 1009
`
`000001
`
`
`
`Attorney Docket No. PAT903988-US-NP
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of: Daniel A. Gamache, et al.
`
`Serial No:
`
`13/475,607
`
`Group Art Unit:
`
`1629
`
`Confirmation No:
`
`4130
`
`Filed:
`
`May 18, 2012
`
`Patent No:
`
`8,791,154 B2
`
`Issue Date:
`
`July 29, 2014
`
`Examiner:
`
`Tran, My Chau T.
`
`For: HIGH CONCENTRATION OLOPATADINE OPHTHALMIC COMPOSITION
`
`RE§ QUEST FOR CERTIFICATE OF CORRECTION
`PURSUANT TO 37 C.F.R.
`1.323
`
`COMMISSIONER FOR PATENTS
`P.O. Box 1450
`
`Alexandria, VA 22313 -1450
`
`Dear Sir:
`
`Patentee respectfully requests that the enclosed Certificate of Correction on Form
`
`PTO/SB/44 be issued correcting an error in the aboVe—referenced patent. The exact location
`
`where the error occurred in the patent is listed on the enclosed certificate.
`
`The error that appears in this patent is Applicants’ error. Payment of the fee due is
`
`enclosed herewith. If any fees are inadvertently omitted or if any additional fees are required
`
`000002
`
`000002
`
`
`
`U.S. Serial No. 13/475,607
`
`Filed: July 29, 2014
`
`or have been overpaid, please appropriately charge or credit those fees to Deposit Account
`
`No. 010682 of Alcon Research, Ltd.
`
`Respectfully submitted,
`
`/Scott A. Chapple, 46, 287/
`Scott A. Chapple
`Reg. No. 46,287
`
`Aug_ust 13, 2014
`Dated
`
`Address for Correspondence:
`
`Scott A. Chapple
`IP Legal, Mail Code TB4-8
`Alcon Research, Ltd.
`6201 South Freeway
`Fort Worth, TX 76134-2099
`Phone:
`(817) 551-8793
`
`Attorney Docket: PAT903988-US-NP
`
`000003
`
`000003
`
`
`
`PTO/SB/44 (09-07)
`Approved for use through 08/31/2013. OMB 0651-0033
`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 displays a valid OMB control number.
`Also Form PTO-1050
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`
`: 8,791,154 B2
`
`APPLICATION NO.: 13/475,607
`
`ISSUE DATE
`
`2
`
`,_jU|y 29, 2014
`
`WVENTORISI
`
`Daniel A. Gamache, et al.
`
`It is certified that an error appears or errors appear in the above-identified patent and that said Letters Patent
`is hereby corrected as shown below:
`
`On Page 1, Section (56), under References Cited, please remove --5,874,414 A 2/1999 Haseloff et al.-—.
`
`MAILING ADDRESS OF SENDER (Please do not use customer number below):
`
`Alcon Research, Ltd.
`IP Legal
`63201’ South Freeway,
`This collection of information is required by 37 CFR 1.322, 1.323, and 1.324. 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 1.0 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: Attention Certificate of Corrections Branch, Commissioner for Patents, P.O. Box 1450, Alexandria,
`VA 22313-1450.
`
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`000004
`
`000004
`
`
`
`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 . 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
`disclosure of these records is required by the Freedom of Information Act.
`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.
`
`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 inspection or an
`issued patent.
`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.
`
`000005
`
`000005
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`HIGH CONCENTRATION OLOPATADINE OPHTHALMIC COMPOSITION
`
`;
`
`Utility under 35 USC111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`
`USD($)
`
`Basic Filing:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-AlIowance-and-Post-Issuance:
`
`Extension-of-Time:
`
`000000
`
`000006
`
`
`
`Miscellaneous:
`
` S“:-S1-;(t$a)| in
`
`Total in USD (S)
`
`000007
`
`000007
`
`
`
`Electronic Acknowledgement Receipt
`
`m—
`
`Title of Invention:
`
`HIGH CONCENTRATION OLOPATADINE OPHTHALMIC COMPOSITION
`
`I
`
`Payment information:
`
`yes—
`Submitted with Payment
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
`
`—Auth°“zedUser
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`000008
`
`000008
`
`
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`
`Information:
`
`.
`
`.
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`
`Request for Certificate of Correction
`
`PAT903988- U S-
`
`N P_2014-08-13_S U B_Req u est_
`fo r_Ce rtifi cate_of_Correcti on
`.pClf
`
`2f7ac6500cc9958906ec6ccee06f73b29887
`ms
`
`Request for Certificate of Correction
`
`PAT903988-US-
`
`NP_2014-08-13_SUB_Form_PT
`
`164666
`267f4a86165e7e5b09e47
`7a6b3
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`fb8a624b30acl eCbbb5eC7047498360507d
`f89ed
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`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 due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`000009
`
`000009
`
`
`
`
`
`UNITED STATES PATENT 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.
`
`13/475,607
`
`ISSUE DATE
`
`07/29/2014
`
`26356
`
`7590
`
`07/09/2014
`
`ALCON
`IP LEGAL
`6201 SOUTH FREEWAY
`FORT WORTH, TX 76134
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`8791154
`
`PAT903988—US—NP
`
`4130
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 1 day(s). Any patent to issue from the above—identified application will include
`an indication of the adjustment on the front page.
`
`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.
`
`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 regarding the Patent Term Extension or Adjustment determination 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.
`
`APPLICANT(S) (Please see PAIR WEB site http://pair.uspto. gov for additional applicants):
`
`Daniel A. Gamache, Arlington, TX;
`Laman Alani, Fort Worth, TX;
`Malay Ghosh, Fort Worth, TX;
`Francisco Javier Galan, Barcelona, SPAIN;
`Nuria Carreras Perdiguer, Barcelona, SPAIN;
`Onkar N. Singh, Arlington, TX;
`
`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 SelectUSA.gov.
`000010
`
`IR103 (Rev. 10/09)
`
`000010
`
`
`
`PTO!SBf08a (01-10)
`Doc code: IDS
`th
`df
`A
`h 07i31i2012. OMB 0651-0031
`.
`.
`.
`.
`.
`U_s_ Patent and Tragzggfk O‘:;::eU_§"EfiEPARTMENT OF COMMERCE
`Doc description: Information Disclosure Statement (IDS) Filed
`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.
`
`IN FORMATION DISCLOSU RE
`STATEMENT BY APPLICANT
`
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`13475607
`
`Filing Date
`First Named Inventor
`A“ Unit
`
`2012-05-18
`Daniel A. Gamache
`| 1629
`
`Examiner Name
`Tran, My Chau T.
`Attorney Docket Number
`| PAT903988—US-NP
`
`U.S.PATENTS
`
`R9m°Ve
`
`
`
`.
`Pages,Co|umns,Lines where
`Na“.“° of Patentee or Apphcant Relevant Passages or Relevant
`of cited Document
`.
`Figures Appear
`
`Hassles“? et ai.
`
`jziore et 31.
`
`
`
`. —
`
`~
`
`-
`
`V
`
`-
`
`—
`
`- -.
`
`-— v . -.
`
`.
`.
`,
` ag GEE“?
`lni ia
`No
`to ocurn nt,
`
`*N.E).i“i.
`
`6/1, 6<Z,O M1
`./iV‘oT/
`
`atent Number
`
`.
`Kmd
`Code1
`
`Issue Date
`
`5374414
`
`1999-02-23
`
`WOW 2
`
`6280745
`
`B1
`
`2001-08-28
`
`,/Iv’lCT/’
`
`3
`
`6407079
`
`B1
`
`2002-06-18
`
`If you wish to add additional U.S. Patent citation information please click the Add button.
`
`U.S.PATENT APPLICATION PUBLICATIONS
`
`Add
`
`R9m°Ve
`
`Examiner
`.
`.
`,,
`Initial
`
`.
`Cite No
`
`Publication
`Number
`
`Publication
`Kind
`Codel Date
`
`Name of Patentee or Applicant PageS’C°|umn5'Line5 Where
`.
`Relevant Passages or Relevant
`of cited Document
`Figures Appear
`
`If you wish to add additional U.S. Published Application citation information please click the Add button. Add
`
`FOREIGN PATENT DOCUMENTS
`
`R9m°Ve
`
`Examiner Cite Foreign Document
`|nitia|*
`No
`Number3
`
`Country
`Code2 i
`
`Publication
`Kind
`Code4 Date
`
`Pages,Co|umns,Lines
`§an|1:::£t:it:irt::e or where Relevant
`Dggument
`Passages or Relevant
`Figures Appear
`
`1
`
`D
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THRDUGH.
`EFSWeb2.1.17
`000011
`
`/1./ICE-"I"./'
`
`000011
`
`
`
`BART B - FEMS) '§.‘RANSlVE§TTAi..-
`
`Compiete and semi this form, together with a§)_‘§3iiE:33i3i8 feets), to: _l‘_v;§_§_i,i Mai: Stop LSSUE ll<‘E§T.
`tiomrriissiorier for Patients
`E“.(}., Box 145%
`Alexandrits, Virginia: ?;2I313~1«$St}
`orgies (SH)-273~288S
`
`
`
`,,,,,,,, ,,
`
`
`
`1:‘!fi4{S‘1‘ N.»’\M‘EE[) INVENTOR
`
`A_i=:>:ioA'1'toN N-:3. ' ATTORNEY DOCKET NO. p
`4
`K
`FILING DATE
`
`ISI4’/5,607
`Q5/18.’?.Oi -:2.
`Daniel A. Garrtache
`i’A’,t‘9()39S8—tlS—NP
`TITLE: OF iNVEN’l‘l0N: HIGH CONCENTRATION OLOPATADINT:'. 0l’H"t‘HAl..MIC commsmom
`
`o$rr»ist4.t't'i<>;\' N0.
`41350
`
`DATE DUE
`
`Y’
`
`“
`
`'l‘()'l'AL
`
`
`
`E-"«I'lTl‘Y STATUS
`
`rmngyrotrisional
`UN 5 >§SCOUN'I'El)
`$960
`V‘
`1%?!‘ UNIT
`
`, MY CHAU T
`1629
`
`$0
`CLASS~SU'E CLASS
`
`5 1445003-3
`
`$0
`
`$960
`
`G8/08,’2i)l 4
`
`Chang 1 e
`H O {__ t
`.............
`..........$1..’..................‘.«»...s....‘...
`2y55555\\\\\\\\\\\\\\\\\\\\\\\\,\,\\\\\\\\\\\\\\\\----_-_-_--~~~~————
`
`3.
`
`-------»»-A»»»»»-~~--in-HH---------~~uu--uuvwvvvnvvnnyy
`
`“‘
`
`correspondence address or indiev.,~'\.-zi-ziis“ (37
`_.
`"
`‘ f‘
`I
`L3 than e of cgrges
`iridertee address (or L,i'i21l‘lgS ot eorresponcence
`‘éddrefis orm Flu!’
`P122) auachfid‘
`L3 “Fee A-jdress" indication (or "Fee Address" lndicatimi form
`l3‘l‘<“}/SB/47; Rev 03-03 or more recent) attached. Use of a Customer
`
`i
`
`.............N
`For printing on the patent front
`The, names of up to 3 registered parent aimmeys
`or agents OR, alternatively,
`'§i\}E_E(‘l Eng; {E13,}:3' fig :33 3 m3;_~\1‘bg»;~3v
`ii‘-"': "«“f1-;:-
`gt‘ 5-.
`
`£}.§.’ st; (stirs-aw‘
`~ gsgpg n'3.=i$i- (iii? t13~i}_1<’-l*<".=‘-*5, iii? (P
`
`‘:1
`’I§i>>£>‘:w3 §T*£A!v‘.~R.{$e!i‘:3,
`'3!‘ =¥53.t‘~i\1’»‘.- 31‘ m‘: n=mR1 S
`
`l’Ril\".l‘E'i) ON THE PA'l‘ENT {print or type.)
`3. ASSIGNEE NAI‘./IE AI\lE.} RES IDENCE DATA T0
`if an zzssignee is iderlritied below, the documeni has been filed for
`PLEASE NOTE?: Unless em stssignee is identified below, no assignee data will appear on the patent.
`recordatioit as set forth in 37 ('fiF‘t§ 3.11. Completior. of Lhis form is NOT sisbstitiite for filing an assignment.
`(A) N.L\Ml:‘. OF _ASS!GNl'i.E-
`(lj) l{l‘~i§il‘§i3NCE: (CITY and STATE OR C€)U.l\.'"l"RY}
`Alcon Research, Ltd.
`FOIE WOrth. TeXaS
`
`Please check the appropriate assignee eategriry or categories (will not be printcxi on the patent‘, :
`
`Lu} lndividusi! & Corporation or other private. group entity
`
`Government
`
`421.
`
`following fee.(s) are siibmlttezi:
`4-b. Payment o.t‘Fee.(s): (Piease firsi reapply any gsreviousiy paid issue fee shown above)
`Ki issue
`LIE A check is enciosed,
`E} Publication Fee (No small entity dlscoutit permitted)
`[3 Payment by credit card. Forrri i’l'0-2038 is attached.
`
`Ei Ad vanes Order - # of (‘.opies
`Bgitlle Director is hereby authorized to chmgeélfirfigrgl fieeis). a_ny deli eney. or crmiits any
`.21cwerysaymztnt. to Deposit Accouair Number (eiictose an extra copy oi’ this form).
`
`
`5. Change in Entity St.-sins (from status indiczst-ed above)
`{:3 Applicant certifying micro entity status, See 37 CPR 1.29
`
`l:«3f)'l'{i: Absent a valid certification of M‘ tro Entity Status (see forms P'i‘O/SE3/ISA and ‘-.53). issue
`tee payment in the micro entity P.m()'.!1".i will not be accepted at the risk of application abanrjor-dent.
`NO'l'E: if the application was previously ttuder micro cittity scams. checking Lhis box will be taken
`no he :1 notificztti-or: of loss of entitlement to mlero entity status.
`
`Q Applicarit as-serriitg small entity status. See. 37 CPR 1.27
`
`J.
`
`Checkixig this box will be taken to be a notification of loss of entitlement to small or micro
`ll} A9913“; ghanoing to regislzir undlscotmteci fee status.
`.9"
`entity sfiltlls‘ as applicable.
`
`\
`n\>\
`
`»\§~§\ has 1'': (BER. L4 f<1£.‘&§t*fi>‘.»a‘~2ls
`
`
`
`Registration No.
`
` mmww
`
`P'i‘0L-~85 Part B (lCI—l3) Approved for use through l0.I'3 1./2013.
`
`Page 2. of 3
`
`OIVIB 0651-0033
`000012
`
`US. Patent anti’1’ra<lem:irlr Office; L-'.S. i)EPAR’l‘MEr\“I‘ OF COMMERCE
`
`,
`r..................................s
`xiii bi: asset for .t;r:\.t1’a's£tit?x.il15>, the
`"l{?¢§‘«2'§;
`‘i‘i.ti.s tonii st‘
`
`
`
`
`
`'tv§ir.~i\$
`iii: C-S.1$$S§".i§*.‘.¥{-‘«'._‘l
`slmsslsjl
`iim.i'l,J§;l‘§
`i\:$§tzi.°«:\:i.}. B-links .3
`3‘
`I
`V
`"
`
`
`
`
`:
`itsissnite :«\d5i_rr.ss._r:s
`s will.
`_
`$‘I?i§:'t§£‘_dvl.n tip: current»-mt
`"'nk?._:ta
`,
`‘-.f1§3$i
`use inzfitidiog its mat. :sf‘»>a‘;ss1:':<‘. sir 1’-t‘
`«iv
`"‘E"1:‘:tf¢s‘3m!$ is‘
`
`
`. ADDR‘t-LS3" mt‘
`iiiiiexiog‘. r3$'5|I§l'i’-??$E‘§‘l1\(£:*0('v{lC‘:3 ii1'(i'1L"-i1.‘§3l}§ a separzitt.
`-
`-
`‘
`3 l‘:-éirsis «J3 ettreri-rti otIiem'i;\~3 5.: §iit‘1¢}i E. by {iij} sir»... v
`3}
`\\V
`ntisiixxirxs fee‘ $l{?>i‘t'!5f.?:‘:fl:‘3t!S.
`sfersse;-i=.it= iiisitiztss tit’ iii-:2
`or
`K
`kt‘-sari ‘for
`
`
`
`"E"scatc: can oils.
`-'
`ii)-1 otiit‘
`rrtsztsittg
`CURRENT CORRESP(3Nl)EN|L‘l3 AEJEERJSSS (Note: Use Block E for any change of address)
`5.15“ limits . y\5§Z?.§.'E.y}:g‘ tutti!
`
`.
`salt ':}t‘It‘3iils;<mfi p_:-get‘. WSE‘: as n‘
`as‘
`am. its mt.» :::>.sti.t‘3":.>.-tttzot imitates:
`inms
`
`Certificate of Mailing or Trammissiam
`
`
`
`_1};;:p,~'§i§¢ ceréiéj.‘ " '
`ti tits
`jfritrtsmlttal is befing «lei ositttdiwith the Uniited
`Sn‘
`u
`_
`‘stint postage tor irsz ‘ ass mai. in ax‘ owe «me
`Sims ‘:t‘>£:le‘
`'. e
`‘
`?:«!<
`iv -:$:‘s*3s$a:e?z 9:4 E355:
`ififeili
`‘S3135 FEE address above, or being fmtslrriiie
`tr:xn‘smittz;d to the l?,.i‘e‘»i‘‘.I‘{.\
`#2385, on the date iuclicated below.
`.1
`r
`~~~~ ~~
`~
`’
`‘
`~
`@:p'x"°”r'“m)
`(Signature)
`
`
`
`1590
`AH
`.
`.4 ,
`11-; EEGAL
`V
`_‘ _
`_
`V
`_
`'
`020i SCU Fii F 3 *.}5‘s"V1'—’\Y
`FUR’? VJORTH, TX 76134
`
`05!-’J3.'2014
`
`000012
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`HIGH CONCENTRATION OLOPATADINE OPHTHALMIC COMPOSITION
`
`First Named Inventor/Applicant Name:
`
`Daniel A. Gamache
`
`Attorney Docket Number:
`
`PAT903988-US—NP
`
`Utility under 35 USC111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`
`USD($)
`
`Basic Filing:
`
`Miscellaneous-Filing:
`
`Publ. Fee- Early’Voluntary’ or Norrnal
`
`Patent-Appeals-and-Interference:
`
`Post-AlIowance-and-Post-Issuance:
`
`000013
`
`000013
`
`
`
`Publ. Fee- Early, Voluntary, or Normal
`
`1504
`
`1
`
`0
`
`0
`
`E3
`
`960
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Total in USD ($)
`
`000014
`
`000014
`
`
`
`Electronic Acknowledgement Receipt
`
`m—
`
`Title of Invention:
`
`HIGH CONCENTRATION OLOPATADINE OPHTHALMIC COMPOSITION
`
`I
`
`Payment information:
`
`yes—
`Submitted with Payment
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
`
`—Auth°“zedUser
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`000015
`
`000015
`
`
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`
`Information:
`
`Information:
`
`.
`
`.
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`
`Issue Fee Payment (PTO-85B)
`
`PAT903988-US-
`
`130327
`
`NP_2014-06-13_SUB_|ssue_Fee
`.pClf
`
`93930
`dd7d451005eb36f56dd9d4c6c8d1e825ca
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`655b5ae6fafbe2db6cb8c45a3f934ba99c07
`d24e
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`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 due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`000016
`
`000016
`
`
`
`
`
`UNITED STATES PATENT 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.
`
`F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONF {MATION NO.
`
`13/475,607
`
`05/18/2012
`
`Daniel A. Gamache
`
`PAT903988—US—NP
`
`4130
`
`ALCON —
`“’”’””“
`75”
`263“
`IP
`TRAN, MY CHAU T
`6201 SOUTH FREEWAY
`
`1629
`
`05/23/2014
`
`ELECTRONIC
`
`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.
`
`Notice of the Office communication was sent electronically on aboVe—indicated "Notification Date" to the
`following e—mail address(es):
`
`patent.d0cketing@alc0n.c0m
`
`PTOL—90A (Rev. 04/07)
`
`000017
`
`000017
`
`
`
`Supplemental
`Notice of Allowability
`
`Application No.
`13/475,607
`“E/|><Y‘c1_3i4"§LrJ T_ TRAN
`
`App|icant(s)
`GAMACHE ET AL.
`fgtzgnit
`’F‘:{;,<;‘,;S,‘,,',""°"‘°"°
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`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 ALLOWABILITY 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. IX This communication is responsive to 05/15/2014.
`
`D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. I:l An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. IX The allowed cIaim(s) is/are 9 and 14-39. As a result of the allowed cIaim(s), you may be eligible to benefit from the Patent
`in.
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information,
`please see hit’ :/'/vwvwus ‘to. OW atents/'init events/' h/inciex.'s' or send an inquiry to r'PHfeedback us today.
`
`4. I:l Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`
`Certified copies:
`
`a) I:l All
`
`b) D Some
`
`*c) I:I None of the:
`
`1. El Certified copies of the priority documents have been received.
`
`2. I:I Certified copies of the priority documents have been received in Application No.
`
`3. El 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.
`
`5. I] CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`
`I:I
`
`including changes required by the attached Examiner’s Amendment / 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. I] 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. IX] Notice of References Cited (PTO—892)
`
`2. I] Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`3. I] Examiner’s Comment Regarding Requirement for Deposit
`of Biological Material
`4. IX Interview Summary (PTO—413),
`Paper No./Mail Date 20140516.
`
`/MY—CHAU T TRAN/
`
`Primary Examiner, Art Unit 1629
`
`5. El Examiner’s Amendment/Comment
`
`6. El Examiner’s Statement of Reasons for Allowance
`
`7. I:I Other
`
`.
`
`U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20140516
`
`000018
`
`000018
`
`
`
`_
`_
`_
`_
`Applicant-Initiated Interview Summary
`
`13/475,607
`
`Examiner
`
`MY—CHAU T. TRAN
`
`GAMACHE ET AL.
`
`Art Unit
`
`1629
`
`Application No.
`
`App|icant(s)
`
`All participants (applicant, app|icant’s representative, PTO personnel):
`
`(1 ) SCOTT CHAPPLE.
`
`(2) MY—CHAU T. THAN.
`
`Date of Interview: 15 May 2014.
`
`(3)
`
`(4)
`
`.
`
`.
`
`Type:
`
`|:I Video Conference
`IZI Telephonic
`I] Personal [copy given to: I] applicant
`
`I:l appIicant’s representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`I] Yes
`
`IX] No.
`
`I:I101 D112 D102 D103 lXIOthers
`Issues Discussed
`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: NONE.
`
`
`Identification of prior art discussed: US PA TENT 5 874 418 .
`
`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...)
`
`Mr. Chapple called the examiner on 05/14/2014 and left a message reguest a phone interview regarding the /D8 filed
`on 02/17/2014. The examiner called Mr. Chapple back on 05/15/2014 and discussed the IDS filed on 02/17/2014,
`which the examiner have considered and mailed on 05/08/2014. Mr. Chapple informed the examiner that there is a
`typographical error made in one of the cited US Patents wherein US Patent 5,874,414 should be US Patent 5,874,418.
`The examiner inform Mr. Chapple that the US Patent 5,874,418 will be considered and cited in the PTO-892, however,
`if applicant want to remove/delete US Patent 5,874,414, applicant will need to file a Certificate of Correction after
`issuance of the application .
`
`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 of the substance of the
`interview
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation 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.
`
`|:l Attachment
`/MY-CHAU T TRAN/
`Primary Examiner, Art Unit 1629
`
`U.S. Patent and Trademark Office
`
`PTOL-413 (Rev. 8/11/2010)
`
`Interview Summary
`000019
`
`Paper No. 20140516
`
`000019
`
`
`
`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.
`
`Summary of Record of Interview Requirements
`
`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 bythe applicant. An interview does not remove the necessity for replyto Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
`
`37 CFR §1.2 Business to be transacted in writing.
`All business with the Patent or