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`APPLICATION NO.
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`CHERNOFF, VILI-IAUER, MCCLUNG & STENZEL, LLP
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`APPLICATION NO.
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`ATTORNEY DOCKET NO.
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`CONFIRMATION No.
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`0153 000mm
`Karl Otto
`01/25/2008
`11/996,932
`TITLE on INVENTION: METHODS AND APPAR nus FOR THE PLANNING AND DELIVERY on RADIATION TREAQWIQPSZ)
`
`1848
`
`APPLN.TYPn
`
`uonprovisional
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`0
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`N
`
`$1510
`
`PUBLICATION FEE DUE
`$300
`
`PREV.PA1.DISSUBFEB
`$0
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`TOTAL FEE(S)DUE
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`31810
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`02/10/2011
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`2881
`WELLS, NiKlTA
`1. Chan
`ofcorrespondence address or indication of “Fee Addms" (37
`2. For printing on the patent front page, list
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`
`CPR 1.. 63).
`1
`the names of n to 3 re
`tored
`tent attonie s
`i Chemoff. Vilhauer, MeCIung_
`br)ageiits OR, allen‘iutivoly. gis
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`0 Chan 0 of norms ondence address (or Change of Correspondence
`& Stenzel
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`(2) the name of a single firm (having as H, member a
`IOEiSQMd attorney or agent) nod the names of up to
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`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`3
`2 re islered potent nttornoys or agents. 11' no name is
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`llst
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`Authorized Signature
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`C ef1n orrnation Officer, US. Patent and Trademark Office, U.S. Department 0 Commerce,
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`METHODS AND APPARATUS FOR THE PLANNING AND DELIVERY OF
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`RADIATION TREATMENTS
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`First Named Inventor/Applicant Name: Karl Otto
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`Filer:
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`Kevin Lynn Russell/Karolyn Koppen
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`0153 0004/TAR (9337,0002)
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`Electronic Acknowledgement Receipt
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`9417758
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`T'tle °f Inventm":
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`METHODS AND APPARATUS FOR THE PLANNING AND DELIVERY OF
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`RADIATION TREATMENTS
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`First Named Inventor/Applicant Name:
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`Karl Otto
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`Customer Number:
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`00152
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`— KeVln Lynn Russell/Karelyn Koppen
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`Filer Authorized By: Kevin Lynn Russell
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`Attorney Docket Number:
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`0153 0004/TAR (9337. 0002)
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`Filing Date:
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`25-JAN-2008
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`14:20:13
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`Application/Control No.
`
`Index of Claims
`
`11996932
`
`llllilflmlllfllllfllflflll|H|||N|||N||1
`
`Examiner
`
`Nikita Wells
`
`rednUtnetaPyatmpD.A
`Reexamination
`
`OTTO. KARL
`
`Non-Elected
`
`Interference
`
`E] Claim renumbered In the same order as presented by applicant
`
`El CPA
`
`E] R.1.47
`
`Original
`
`05/31I20
`
`DATE
`
`17
`
`12
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`U.S, Patent and Trademark Ofl‘lee
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`Pan ofPaparNo. : 20101105
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTIIIENT OF COMMERCE
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`Address: nglafiIPNER FOR PATIENTS
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`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`153
`
`759')
`
`11/10/3010
`
`CHERNOFF. VILHAUER. MCCLUNG & STENZEL. LLP
`601 SW Second Avenue
`
`Suite 1600
`R)RT1 AND‘ ()R 97204-3 I 57
`
`EXAMINER
`
`ART LNIT
`
`WELD-V ”ml”
`PAPER NUMBER
`
`22m
`DATE MAILED: 11/10/2010
`
`APPLICATION NO.
`FILING DATE
`FIRST N\MED INVENTOR
`-\TTOK\'EY DOCKET NO.
`CONFIRM\TION NO.
`
`111906.032
`01/25/2008
`KarlOtto
`0153 OOOIITAR
`
`"'I|II.E OF INVEN l ION: ME IHODS AM) APPARA II S FOR 'IHE PLANNING AND DELIVERY OF RADIA'IION TREATMEIN .
`
`APPLN. TYPE
`SMALL ENTITY
`ISSI E I'TzE DI 'E
`PUBLICATION FEE DUE
`PREV. PAID ISSI IE FEE
`TOTAL FEE: SI DI T;
`DATE DI IE
`
`nonprovisional
`NO
`51510
`$300
`30
`$1810
`02/10/201 1
`
`TIIE APPLICATION IDENTIFIED ABOVE IIAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION gm THE MERITS ISLMLSED. THIS NOTICE OF ALLOWANCE 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.
`
`TIIE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITIIIN TIIREE MONTHS FROM TIIE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`W EEKLQD CAM BE EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN TIIIS APPLICATION.
`IF AN ISSUE FEE IIAS
`PREVIOUSLY BEEN PAID IN TIIIS APPLICATION (AS SIIOVVN ABOVE), TIIE RETURN OF PART B OF TIIIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY TIIE PREVIOUSLY PAID ISSUE FEE TOWARD TIIE ISSUE FEE NOW
`DUE.
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`HOW TO REPLY T0 THIS NOTICE:
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`I. Review the SMALL ENTITY status shown above.
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`It" the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
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`11' the SMALL ENTITY is shown as NO:
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`A. If the status is the same, pay the TOTAL FEE(S) DIIE shown
`above.
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`A. Pay TOTAL FEE(S) DI IE shown above. or
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`B. If the status above is to be removed. check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount ot‘lhe ISSUE FEE shown above. or
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`B. If applicant claimed SMALL ENTITY status before. or is now
`claiming SMALL ENTITY status, check box 5a on Part B — Feets)
`'I‘ransmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
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`11. PART B - FEE(S) 'I‘RANSMI'I'I‘AL, or its equivalent, must be completed and retumed to the U nitcd States Patent and Trademark Office
`(USI’I‘O) with your ISSUE FEE and PUBLICATION FEE (if required). [I you are charging the fec(s) to your deposit account. section "4b"
`of Part B - Fee(s) 'I‘ransmiltal should be completed and an extra copy 01‘ the form should be submitted. 11' an equivalent of Part B is filed. a
`request to reapply a previously paid issue fee must he clearly made, zmd delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
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`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee‘s responsibility to ensure timely payment of maintenance fees when due.
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`P101 :85 (Rev. 08/07) Approved for use through 08/31/2010
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`Page 1 of 3
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`Page 9 of 426
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`PART B - FEE(S) TRANSMITTAL
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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 m (571)-273-2885
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`through 5 should be completed where
`INSTRUCTIONS: 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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`indicated 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
`maintenance fee notifications.
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`CURRENT CORRESPONDENCE ADDRESS (New; Use Block 1 for any Change of flawless)
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`152
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`7590
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`11/10/2010
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`CHERNOFF, Vll IHALIER MCCILING & STENZEL, ll 1P
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`6‘0; SW Second Avenue
`Stilts 1600
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`PORTLAND, OR 97204-3157
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`Note: A certificate of mailing can only be used for domestic mailings of the
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`Fee(s) Transmittal. 1'his certificate cannot be used for any other accompanying
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`ave its own certificate of mailing or transmission.
`papers. Each additional paper. such as an assignment or formal drawing. must
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`Certificate of Mailing or Transmission
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`I hereby certify that this Fee(s) Transmittal is being deposited with the United
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`States Postal Service with sufficient postage for first class mail in an envelope
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`addressed to the Mail Stop ISSUE FEE address above. or being facsimile
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`transmitted to the USPTO (571) 273—2885, on the date indicated below.
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`(Deposiloi's IiaIiic)
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`01/25/2008
`11/996,932
`0153 0004/TAR
`Karl Otto
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`TITLE OF INVENTION: METHODS AND APPARATUS FOR THE PLANNING AND DELIVERY OF RADIATION TREAWN’i’gZ)
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`(Date)
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`1848
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` (Signature)
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`SMALL ENTITY
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`NO
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`ISSUE FEE DUE
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`$1510
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`PUBLICATION FEE DUE
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`$300
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`PREV. PA ) ISSLE FEE
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`TOTAL FEE(S) DUE
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`$1810
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`DATE DUE
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`02/10/2011
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`APPLN. TYPE
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`nonprovisional
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`EXAMINER
`ART UNIT
`CLASS-SUBCLASS
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`2881
`WELLS, NIKITA
`250—492300
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`2. For printing on the patent front page, list
`1. Change of correspondence address or indication of "Fee Address" (37
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`CF 1 1.363).
`(1) the names of up to 3 registered patent attorneys
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`or agents OR, alternatively.
`3 Change of correspondence address (or Change of Correspondence
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`Address orm PTO/SB/ 122) attached.
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`(2) the name of a single firm (having as a member a
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`registered attorney or agent) and the names of up to
`3 ”Fee Address" indication (or "Fee Address" Indication form
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`2 registered patent attorneys or agents. If no name is
`jTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
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`listed, no name will be printed.
`Number is required.
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`3. ASSIGNEE NAVIE AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
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`If an assignee is identified below, the document has been filed for
`)LEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
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`rccordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
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`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
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`2
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`Please check the appropriate as signee category or categories (will not be printed on the patent) : D lndividua D Corporation or other private group entity D Government
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`4a. The following fee(s) are submitted:
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`3 Issue Fee
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`3 Publication Fee (No small entity discount permitted)
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`3 Advance Order — # of Copies
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`Authorized Signature
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`5. Change in Entity Status (from status indicated above)
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`:l b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`3 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
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`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee 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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`Date
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`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
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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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`:IThe Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
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`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
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`Registration No.
`Typed or printed name
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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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`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
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`submitting the completed application form to the USPTO. Time will varv de endin upon the individual case. Any comments on the amount of time you require to com lete
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`this form and/or suggestions for reducing this burden, should be sent to the C ief ln ormation Officer, US. Patent and Trademark Office, US. Department of Commerce,
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`Box 1450, Alexandria, Virginia 2231371450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. 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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`PTOI.—85 (Rev. 08/07) Approved for use through 08/31/2010.
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`OVlB 0651—0033
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`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
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`Page 10 of 426
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`Page 10 of 426
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`1’ () Box [451)
`Alcxamtn. Virgmia 2131} 1450
`www 115p“) gov
`
`
`11/996932
`01/25/2008
`Karl Otto
`0153 0004/TAR
`1848
`'
`Ill
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`CHERNOFF. VILHAUER. MCCLUNG & STENZEL. LLP
`601 SW Second Avenue
`Suite 1600
`
`“:“LLS'N'K’”
`PAPER NUMBER
`
`ART LNIT
`3881
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`PORTLAND. OR 97204-3 l 57
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`DATE MAILED: 11/10/2010
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`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
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`(application filed on or after May 29, 2000)
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`The Patent Term Adjustment to date is 435 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 435 day(s).
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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 lnfonnation Retrieval
`(PAIR) WEB site (http://pair.uspto.gov).
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`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 Customer Service Center of
`the Office of Patent Publication at 1-(888)-786-0101
`or
`(571)-272-4200.
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`1"1'01 :85 (Rev. 08/07) Approved for use through 08/31/2010.
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`Page 3 of 3
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`Page 11 of 426
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`Attachment(s)
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`1. El Notice of References Cited (PTO-892)
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`2. El Notice of Draftperson's Patent Drawing Review (PTO-948)
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`5. El Notice of Informal Patent Application
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`6. El Interview Summary (PTO-413),
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`Paper No./Mai| Date
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`7. El Examiner's Amendment/Comment
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`3. IE Information Disclosure Statements (PTO/SB/08),
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`Paper No./Mai| Date 08/26/10.
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`4. El Examiner's Comment Regarding Requirement for Deposit
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`of Biological Material
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`9. El Other
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`/Nikita Wells/
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`Primary Examiner, Art Unit 2881
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`November 5, 2010
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`Applicant(s)
`Application No.
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`11/996,932 OTTO, KARL
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`Art Unit
`Notice of Allowability
`Examiner
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`Nikita Wells 2881
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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 "Response" received August 261 2010.
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`2. E The allowed claim(s) is/are 1-70.
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`3. I] Acknowledgment is made ofa claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
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`b) [I Some*
`c) [I None
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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.
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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 EXAMINER’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. I] 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) [I to Paper No./Mai| Date
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`(b) I] including changes required by the attached Examiner's Amendment / Comment or in the Office action of
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`Paper No./Mai| 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. El 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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`8.
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`Examiner's Statement of Reasons for Allowance
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`U.S. Patent and Trademark Office
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`PTOL-37 (Rev. 08-06)
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`Notice of Allowability
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`Part of Paper No./Mai| Date 20101105
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`Page 12 of 426
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`Page 12 of 426
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`Application/Control Number: 11/996,932
`Art Unit: 2881
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`Page 2
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`DETAILED ACTION
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`Double Patenting
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`1.
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`In the First Office Action of June 3, 2010, the Examiner rejected claims 1-70 under the
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`judicially created doctrine of obviousness—type double patenting as being unpatentable over
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`claims l-34 of co-pending Application No. 12/ 132,597. The Applicant filed a Request for
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`Continued Examination, a Terminal Disclaimer and a Supplemental Information Disclosure
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`Statement, rcccivcd August 26, 2010, for thc co-pcnding Application No. 12/ 132,597, in ordcr to
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`avoid filing a Terminal Disclaimer in the instant application. Therefore, the double patenting
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`rejection, as presented in the First Office Action, is hereby removed due to the filing of the
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`Terminal Disclaimer in co-pending Application No. 12/ 132,597.
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`This is recited in the MPEP, #804, 1 B1, Page 800-17, as follows:
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`If“provisiona” ODP rejections in two applications are the only rejections remaining in
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`those applications, the examiner should withdraw the ODP rejection in the earlier filed
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`application thereby permitting that application to issue without need of a terminal
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`disclaimer. A terminal disclaimer must be required in the later-filed application before the
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`ODP rejection can be withdrawn and the application permitted to issue. If both
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`applications are filed on the same day, the examiner should determine which application
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`claims the base invention and which application claims the improvement (added
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`limitations). The ODP rejection in the base application can be withdrawn without a
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`terminal disclaimer, while the ODP rejection in the improvement a