PTOlSBl08a (07-09)
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`U_S_ Patent and Tragzmfk O:;::eU;)B%PARTMENT OF COMMERCE
`Doc description: Information Disclosure Statement (IDS) Filed
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`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.
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`INFORMATION DISCLOSURE
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`STATEMENT BY APPLICANT
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`Application Number
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`09595660
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`2000-06-16
`Eric Teller et al.
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`Examiner Name
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`Natalie Pass
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`U.S.PATENTS
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`6266623
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`2001-07-24
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`6532381
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`2003-03-11
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`Bayer et al.
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`U.S.PATENT APPLICATION PUBLICATIONS
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`FOREIGN PATENT DOCUMENTS
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`NON-PATENT LITERATURE DOCUMENTS -
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`EFS Web 2.1.16
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`1601 of 1701
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`INFORMATION DISCLOSURE
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`STATEMENT BY APPLICANT
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`(Not for submission under 37 CFR 1.99)
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`Application Number
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`09595660
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`2000-06-16
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`Eric Teller et al.
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`Examiner Name
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`Examiner Cite
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`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item
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`(book, magazine, journal, serial, symposium, catalog, etc), date, pages(s), volume-issue number(s),
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`publisher, city and/or country where published.
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`EXAMINER SIGNATURE
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`Date Considered
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`*EXAM|NER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through a
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`citation if not in conformance and not considered.
`Include copy of this form with next communication to applicant.
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`2 Enter office that issued the document, by the two-letter code (WIPO
`1 See Kind Codes of USPTO Patent Documents at www.USPTO.GOV or MPEP 901.04.
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`Standard ST.3). 3 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number ofthe patent document.
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`4 Kind ofdocument by the appropriate symbols as indicated on the document under WIPO Standard ST.16 if possible.
`5 Applicant is to place a check mark here i
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`English language translation is attached.
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`EFS Web 2.1.16
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`INFORMATION DISCLOSURE
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`STATEMENT BY APPLICANT
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`(Not for submission under 37 CFR1.99)
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`Application Number
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`Filing Date
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`09595660
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`2000-06-16
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`Eric Teller et al.
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`Examiner Name
`I Natalie Pass
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`Please see 37 CFR 1.97 and 1.98 to make the appropriate se|ection(s):
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`CERTIFICATION STATEMENT
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`That each item of information contained in the information disclosure statement was first cited in any communication
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`D from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of the
`information disclosure statement. See 37 CFR 1.97(e)(1).
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`That no item of information contained in the information disclosure statement was cited in a communication from a
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`foreign patent office in a counterpart foreign application, and, to the knowledge of the person signing the certification
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`after making reasonable inquiry, no item of information contained in the information disclosure statement was known to
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`any individual designated in 37 CFR 1.56(c) more than three months prior to the filing of the information disclosure
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`statement. See 37 CFR 1.97(e)(2).
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`See attached certification statement.
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`Fee set forth in 37 CFR 1.17 (p) has been submitted herewith.
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`2 None
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`SIGNATURE
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`A signature of the applicant or representative is required in accordance with CFR 1.33, 10.18. Please see CFR 1.4(d) for the
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`form of the signature.
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`Signature
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`lJohn A. Monocello, llll
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`John A. Monocello, Ill
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`Date (YYYY-MM-DD)
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`2010-01-26
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`This collection of information is required by 37 CFR 1.97 and 1.98. The information is required to obtain or retain a benefit by the
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`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
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`1.14. This collection is estimated to take 1 hour to complete, including gathering, preparing and submitting the completed
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`application form to the USPTO. Time will vary depending upon the individual case. Any comments on the amount of time you
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`require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S.
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`Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND
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`FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria,
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`VA 22313-1450.
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`EFS Web 2.1.16
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`Privacy Act Statement
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`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your submission of the
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`attached form related to a patent application or patent. Accordingly, pursuant to the requirements of the Act, please be advised
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`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
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`is voluntary; and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark Office is to
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`process and/or examine your submission related to a patent application or patent.
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`information, the U.S. Patent and Trademark Office may not be able to process and/or examine your submission, which may
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`result in termination of proceedings or abandonment of the application or expiration of the patent.
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`The information provided by you in this form will be subject to the following routine uses:
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`1.
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`The information on this form will be treated confidentially to the extent allowed under the Freedom of Information Act
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`(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
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`Department of Justice to determine whether the Freedom of Information Act requires disclosure of these record s.
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`A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a
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`court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement
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`negotiations.
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`A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
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`request involving an individual, to whom the record pertains, when the individual has requested assistance from the
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`Member with respect to the subject matter of the record.
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`A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having need for
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`the information in order to perform a contract. Recipients of information shall be required to comply with the
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`requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
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`A record related to an International Application filed under the Patent Cooperation Treaty in this system of records
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`may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization, pursuant
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`to the Patent Cooperation Treaty.
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`A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of
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`National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
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`A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services, or
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`his/her designee, during an inspection of records conducted by GSA as part of that agency's responsibility to
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`recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and
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`2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this
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`purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make
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`determinations about individuals.
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`A record from this system of records may be disclosed, as a routine use, to the public after either publication of the
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`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
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`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
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`which became abandoned or in which the proceedings were terminated and which application is referenced by either a
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`published application, an application open to public inspections or an issued patent.
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`9.
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`A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
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`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
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`EFS Web 2.1.16
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`Electronic Acknowledgement Receipt
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`6885688
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`Confirmation Number:
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`Title of Invention:
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`SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`First Named Inventor/Applicant Name:
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`Customer Number:
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`87084
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`Filer Authorized By:
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`John A. Monocello
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`Attorney Docket Number:
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`SYSTEM—US
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`Filing Date:
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`Time Stamp:
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`16-JUN-2000
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`17:52:15
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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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`Document Description
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`T
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`ransml
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`Syste m_US_Transm Itta|_Form.
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`File Size(Bytes)/
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`263021
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`d865dd654c8e53Bele7932a8803lde93dl‘
`26b:
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`Information:
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`1605 of 1701
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`Miscella neous Incomi ng Letter
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`System_US_|DS_|etter.pdf
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`7l7fI l7f4396tlh8§r§07I 9f7(l§fl87h7ff7fi74
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`Information Disclosure Statement (IDS)
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`Filed (SB/08)
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`System_US_|DS.pdf
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`608299
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`4881 Li Ll il.17eL1L9367Le9lJ6id9le39853e5d
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`929079
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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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`New Applications Under 35 U.S.C. 111
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`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
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`Acknowledgement Receipt will establish the filing date ofthe application.
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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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`lfa new international application is being filed and the international application includes the necessary components for
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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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`the application.
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`1606 of 1701
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`Doc Code: TRAN.LET
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`Document Description: Transmittal Letter
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`1‘ .
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`PTO/SBl21 (07-09)
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`Approved for use through 07/31/2012. OMB 0651-0031
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`TRANSM ITTAL
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`Application Number
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`09/595660
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`First Named Inventor
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`Examiner Name
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`Attorney Docket Number
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`June 16. 2000
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`Eric Teller 9, a,_
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`3685
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`Natalie Pass
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`Systemus
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`D Fee Transmittal Form
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`Fee Attached
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`Amendment/Reply
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`ENCLOSU RES
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`(Check all that apply)
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`Provisional Application
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`Power of Attorney, Revocation
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`Te""'”aI D'SCIa'mer
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`After Allowance Communication to TC
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`Appeal Communication to Board
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`Appeal Communication to TC
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`Pr°pr'eI3rV Informano”
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`Status Letter
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`Other Enc|osure(s) (please Identify
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`below):
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`Corrected Information Disclosure Statement
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`Request for Refund
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`CD1 Number Of CW3)
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`D Landscape Table on CD
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`Express Abandonment Request
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`Information Disclosure Statement
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`Certified Copy of Priority
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`Document(s)
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`Reply to Missing Partsl
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`Incomplete Application
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`Reply to Missing Parts
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`under 37 CFR 1.52 or 1.53
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`Firm Name
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`SIGNATURE OF APPLICANT, ATTORNEY, OR AGENT
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`GTC Law Group LLP & Affiliates
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`/John A. Monocello, llll
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`John A. Monocello, lll
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`CERTIFICATE OF TRANSMISSION/MAILING
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`I hereby certify that this correspondence is being facsimile transmitted to the USPTO or deposited with the United States Postal Service with
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`sufficient postage as first class mail in an envelope addressed to: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450 on
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`the date shown below:
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`Signature
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`/Jennifer Sammartinl
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`JBNUBVY 25. 2010
`Jennifer Sammartin
`Typed or printed name
`This collection of information is required by 37 CFR 1.5. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
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`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and1.14. This collection is estimated to 2 hours to complete,
`including
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`gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the
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`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
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`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria. VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS
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`ADDRESS. SEND To: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
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`Ifyou need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
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`1607 of 1701
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`Privacy Act Statement
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`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection
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`with your submission of the attached form related to a patent application or patent. Accordingly,
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`pursuant to the requirements of the Act, please be advised that: (1) the general authority for the
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`collection of this information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary;
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`and (3) the principal purpose for which the information is used by the U.S. Patent and Trademark
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`Office is to process and/or examine your submission related to a patent application or patent. If you do
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`abandonment of the application or expiration of the patent.
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`The information provided by you in this form will be subject to the following routine uses:
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`1. The information on this form will be treated confidentially to the extent allowed under the
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`Congress submitting a request involving an individual, to whom the record pertains, when the
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`individual has requested assistance from the Member with respect to the subject matter of the
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`record.
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`Agency having need for the information in order to perform a contract. Recipients of
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`information shall be required to comply with the requirements of the Privacy Act of 1974, as
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`amended, pursuant to 5 U.S.C. 552a(m).
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`this system of records may be disclosed, as a routine use, to the International Bureau of the
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`World Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
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`agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to
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`the Atomic Energy Act (42 U.S.C. 218(0)).
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`A record from this system of records may be disclosed, as a routine use, to the Administrator,
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`General Services, or his/her designee, during an inspection of records conducted by GSA as
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`part of that agency’s responsibility to recommend improvements in records management
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`practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall
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`be made in accordance with the GSA regulations governing inspection of records for this
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`purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not
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`be used to make determinations about individuals.
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`either publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent
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`pursuant to 35 U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37
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`CFR 1.14, as a routine use, to the public if the record was filed in an application which
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`became abandoned or in which the proceedings were terminated and which application is
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`referenced by either a published application, an application open to public inspection or an
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`issued patent.
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`A record from this system of records may be disclosed, as a routine use, to a Federal, State,
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`or local law enforcement agency, if the USPTO becomes aware of a violation or potential
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`violation of law or regulation.
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`1608 of 1701
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Applicant:
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`Eric Tcllcr ct al.
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`Examincr: Natalic Pass
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`Attorney Docket No. System-US
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`Serial No.:
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`09/595,660
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`June 16, 2000
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`Filed:
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`Title:
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`Group Art Unit: 3686
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`Confirmation N0.: 2830
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`SYSTEM FOR MONITORING HEALTH, WELLNESS AND FITNESS
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`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`SUPPLEMENTAL INFORMATION DISCLOSURE STATEMENT TO CORRECT
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`INFORMATION DISCLOSURE STATEMENT FILED ON DECEMBER 4, 2009
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`On December 4, 2009 Applicants submitted an Information Disclosure Statement
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`Pursuant to the requirements of37 C.F.R. §§ 1.56, 1.97 and 1.98 in conjunction with a timely
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`filed Request for Continued Examination. It has now come to the Applicants’ attention that there
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`were two typographical errors in said Information Disclosure Statement. Those errors were are
`follows:
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`United States Pate11t No. 6,266,623 to Vock et al. was incorrectly and inadvertently listed
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`as having Patent No. “6,266,263”.
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`United States Patent No. 6,532,381 to Baycr ct al. was incorrectly and inadvcrtcntly listed
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`as having Patent No. “6,532,28l”.
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`Applicants hereby submit this Corrected Information Disclosure Statement, which
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`includes completed Form(s) PTO/SB/08a and which correctly lists the aboVe—identified reference.
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`1609 of 1701
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`No fee is believed to be due however the USPTO is authorized to charge any fees to
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`Deposit Account No. 50-3912.
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`Attorney Docket No. System-US
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`Respectfully submitted,
`GTC LAW GROUP LLP & AFFILIATES
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`/John A. Monocello, 111/
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`John A. Monocello, 111
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`Registration No. 51,022
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`Attorney for Applicant
`P.O. Box 113237
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`Pittsburgh, PA 15241
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`I hereby certify that this correspondence
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`is being electronically submitted to the
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`United States Patent and Trademark Office
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`January 26, 2010
`on
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`Jennifer Sammartin
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`(Name of Person Submitting Papcr)
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`/Jcnnifcr Sammartin/
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`(Signature)
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`1610 of 1701
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
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`Address: COMMISSIONER FOR PATENTS
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`P.0 Box 1450
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`Alexandna, Virgmia 22313-1450
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`WWW.1]SPi.0 gov
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`APPLICATION NO.
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`09/595,660
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`87084
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`7590
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`GTC Law Group LLP & Affiliates
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`13.0. BOX 113237
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`Pittsburgll, PA 15241
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`FILING DATE
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`06/16/2000
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`02/01/2010
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`FIRST NAM < ) INVENTOR
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`Eric Teller
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`ATTORNEY DOCKET NO.
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`SYSTE\/l—I IS
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`CONFIRMATION NO.
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`2830
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`EXAMINER
`PA55- NATAL
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`PAPER NUMBER
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`ART UNIT
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`3686
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`MAIL DATE
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`02/01/2010
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`1611 of 1701
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`Supplement“
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`Application No.
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`09/595,660
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`Natalie A. Pass
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`App|icant(s)
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`TELLER ET AL.
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
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`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
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`herewith (or previously mailed), a Notice of Allowance (PTOL—85) or other appropriate communication will be mailed in due course. THIS
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`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
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`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
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`1. E This communication is responsive to Information Disclosure Statements submitted 18 Jan. 2010 & 26 Jan. 2010.
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`2. Q The allowed c|aim(S) is/are 104-127 137-152 161-164 167 171-172 175-182.
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`3. El Acknowledgment is made ofa claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
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`b) E] Some*
`c) D None
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`a) El All
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`1. El Certified copies of the priority documents have been received.
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`2. El Certified copies of the priority documents have been received in Application No. j
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`3. El Copies ofthe certified copies ofthe priority documents have been received in this national stage application from the
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`International Bureau (PCT Rule 17.2(a)).
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`* Certified copies not received:
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`Applicant has THREE MONTHS FROM THE “MAILING DATE” ofthis communication to file a reply complying with the requirements
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`noted below. Failure to timely comply will result in ABANDONMENT of this application.
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`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
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`4. D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAM|NER'S AMENDMENT or NOTICE OF
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`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
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`5. El CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
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`(a) El including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
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`1) El hereto or 2) D to Paper No./Mail Date
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`(b) I:I including changes required by the attached Examiner's Amendment / Comment or in the Office action of
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`Paper No./Mail Date
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`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
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`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
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`6. I:I DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
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`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
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`Attachment(s)
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`1. El Notice of References Cited (PTO-892)
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`2. I:I Notice of Draftperson's Patent Drawing Review (PTO-948)
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`3. IX Information Disclosure Statements (PTO/SB/08),
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`Paper No./Mail Date See Continuation Sheet
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`4. El Examiner's Comment Regarding Requirement for Deposit
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`of Bi