`
`UVITED STATES DEPARTMEVT OF COIVIMERCE
`United States Patent and Trademark Office
`Address: COl\/IMISSIONER FOR PATENTS
`1‘.() Box 1450
`Alexandria. Vi
`'nia 22313-1450
`www.uspto.go
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`06/21/2016
`7590
`34055
`PERKINS COIF. LLP — LOS General
`POST OFFICE BOX 1247
`SEATTLE, WA 98111-1247
`
`EXAMINER
`
`MAYES. DIONNE WALLS
`
`A1<'1'UNI'1'
`1747
`
`DATE MAILED: 06/Z1/2016
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRIVIATION NO.
`
`01/11/2013
`13/740,011
`TITLE OF HVVENTION: ELECIRONIC CIGARETTE
`
`Lik Hon
`
`111971.8012.US03
`
`5634
`
`APPLN. TYPE
`
`ENTTY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovi sional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`DATE DUE
`
`09/21/2016
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOVVED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOVVANCE 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.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT 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 THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE). THE RETURN OF PART B OF THIS FORM
`VVILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOVV
`DUE.
`
`HOVV TO REPLY TO THIS NOTICE:
`
`I. R_evieW the ENTITY STATUS sl1oW11 above. If tl1e ENTITY STATUS is sl1oW11 as SMALL or MICRO, verify whether entitle111ent to that
`e11t1ty status still apphes.
`
`If tl1e ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE sl1ow11 above.
`If the ENTITY STATUS is changed from that shown above. on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled
`"Change in Entity Status (from status indicated above)".
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`II. PART B — FEE(S) TRANSMITTAL, or its equivalent, n111st be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B — Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
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`
`III. All comniunications regarding this application must give the application number. Please direct all cominunications prior to issuance to
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`
`PTOL—85 (Rev. 02/11)
`
`Page 1 of 3
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`
`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`appropriate. A11 further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`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.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 R31 an)’ Change Of address)
`
`A
`34055
`
`<
`190
`
`—
`POST OFFICE BOX 1247
`SEATTLE, WA 98111-1247
`
`7
`A 7
`0“/“I/“O16
`General
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`ave its own certificate of mailing or transniission.
`Eapers. Each additional paper, such as an assignment or formal drawing, mii st
`
`Certificate of lVIai1ing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above. or being facsimile
`transmitted to the USPTO (571) 2732885. on the date indicated below.
`(Depositofs name)
`(Signature)
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRIVIATION NO.
`
`01/11/2013
`13/740,011
`TITLE OF HVVENTION: ELECTRONIC CIGARETTE
`
`Lik Hon
`
`111971.8012.US03
`
`5634
`
`APPLN. TYPE
`
`EN'l'I'l'Y S I'A'l'1.S
`
`ISSUE FEE DUE
`
`P1lBI,I(IA I'I()I\ FEE DUE
`
`PREV. PAID ISSUE FEE
`
`'l'()'l'AI. FEE(S) DI IE
`
`nonprovi sional
`
`UNDISCOUNTED
`
`|)A'l E DI IE
`
`09/21/2016
`
`EXAIVIINER
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`MAYES, DIONNE WALLS
`
`131-202000
`
`2. For printing on the patent front page, list
`1. Change of correspondence address or indication of "Fee Address" (37
`_
`.
`,
`.
`_
`.
`_
`CFR 1.363).
`(1) lhe names of up to 3 iegisteied patent attoineys
`or agents OR. alternatively.
`:l Chance of correspondence address (_or Change of Correspondence
`(2) The name of a single firm (having as a member a
`Address [form PTO/SBHZZ) attached‘
`registered fllmmc)’ 01' agent) find [I10 "W705 Of UP 10
`3 "Fee Address" indication (or "Fee Address" Indication forni
`Zfegislefed Pale“! att01"1?YS 01' a8e1‘1t5- If 1'10 name I5
`PTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`listed. no name will be printed.
`Number is required_
`3. ASSIGNEE NAME A\ID RESIDENCE DATA TO BE PRINTED ON THE PATE\IT (print or type)
`If an assignee is identified below. the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below. no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`El Individual El Corporation or other private group entity El Government
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`4a. The following fee(_s) are submitted:
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 Issue Fee
`3 A check is enclosed.
`3 Publication Fee (No small entity discount permitted)
`3 Payment by credit card. Form PTO—2038 is attached.
`3 Advance Order — # of Copies
`]The director is hereby authorized to charge the required fee(s). any deficiency. or credits any _
`overpayment. to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`3 Applicant asserting sniall entity status. See 37 CFR 1.27
`
`NOT 3.: Absent a valid certification of Micro Entity Status (sec forms PTO/SB/I SA and 1513), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the application was previously under niicro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`3 Applicant changing to regular undiscounted fee status.
`entity status, as applicable.
`NOTE: This form must be si ned in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for si nature re uirements and certifications.
`
`Authorized Signature
`
`Typed or printed name
`
`Date
`
`Registration No.
`
`PTOL-85 Part B (10-13) Approved for use through 10/31/2013.
`
`Page 2 of 3
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; US. DEPARTMENT OF COM)/I
`
`Fontem Ex. 2015
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`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UVITED STATES DEPARTMEVT OF‘ (IOMMERCE
`United States Patent and Trademark Office
`Address: COIVIMISSIONER FOR PATENTS
`1‘.() Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRIVIATION NO.
`
`13/740.011
`
`01/11/2013
`
`Lik Hon
`
`111971.8012.US03
`
`5634
`
`PERKINS COIE I.I.P — LOS General
`POST OFFICE BOX 1247
`1
`
`EXAMINER
`
`MAYES. DIONNE WALLS
`
`A1{'l'IJNI'l'
`1747
`
`PAPER NIJI\/IBHR
`
`DATE MAILED: 06/21/2016
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`to eliminate the
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i)
`requirement that the Office provide a patent term adjustment determination with the notice of allowance. See
`Revisions to Patent Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer
`providing an initial patent term adjustment determination with the notice of allowance. The Office will continue to
`provide a patent term adjustment determination with the Issue Notification Letter that is mailed to applicant
`approximately three weeks prior to the issue date of the patent, and will include the patent term adjustment on the
`patent. Any request for reconsideration of the patent term adjustment determination (or reinstatement of patent term
`adjustment) should follow the process outlined in 37 CFR 1.705.
`
`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 l—(888)—786—0l 01 or (571)-272-4200.
`
`PTOL—85 (Rev. 02/11)
`
`Page 3 of 3
`
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`
`
`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management a11d
`Budget approval before requesting most types of information from the public. When OMB approves an agency
`request to collect information from the public, OMB (i) provides a valid OMB Control Number a11d expiration
`date for the agency to display 011 the instrument that will be used to collect the i11[or111atio11 a11d (ii) requires the
`agency to inform the public about the OMB Control Number’s legal significance in accordance with 5 CFR
`1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public which is to tile (and by the U SPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes 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. Patcnt a11d
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT
`SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box
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`Privacy Act Statement
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`The Privacy Act 01' 1974 (P.L. 93-579) requires that yo11 be given certain information in connection with your
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`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 a11d/or examine your submission
`related to a patent application or pate11t. If you do 11ot furnish the requested information, the U.S. Patent a11d
`Trademark Office may not be able to process a11d/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
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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
`request involving an individual. to whom the record pertains, when the individual has requested assistance
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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 the information i11 order to perform a contract. Recipients of information shall be required to
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`. A record related to an International Application filed u11der 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 a11d programs, under authority
`of 44 U.S.C. 2904 a11d 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
`rccord may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the
`rccord was filcd in an application which bccamc 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.
`
`Fontem Ex. 2015
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`
`
`
`Notice of Allowability
`
`Application No.
`13/740,011
`gf3m1§;V_MAYEs
`
`App|icant(s)
`HON, LIK
`fgynii
`
`;‘:;‘.f,E'S""“°“‘°r‘°F"°’
`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 the Amendment filed on Feb. 23 2016.
`
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. D 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 c|aim(s) is/are 16-22 24-33 35-36. As a result of the allowed claim(s), you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information,
`Please 599 l’}.l.§E>..£it'llI£\£-!l{LLIEtil523.9!!.£2.§1£§£}.°£§éIi:Cfll..EX§:i!L'§{I§’..*2.ll{l.|’lE§.§L.l§R Of Send an lnqulll’ T0
`
`4. IX Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )-(d) or (f).
`Certified copies:
`
`*0) El None of the:
`b) I:I Some
`a) IZI All
`1. El Certified copies of the priority documents have been received.
`2.
`Certified copies of the priority documents have been received in Application No. 12/226,818.
`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(
`)).
`* 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. El CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`
`|: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.B4(c)) should be written on the drawings in the front (not the back) 01
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. El 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. El Notice of References Cited (PTO—892)
`2.
`Information Disclosure Statements (PTO/SB/O8),
`Paper No./Mail Date
`3. El Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. IX Interview Summary (PTO-413),
`Paper No./Mail Date
`/DIONNE W MAYES/
`
`5. IX Examiner's Amendment/Comment
`6. IZI Examiner’s Statement of Reasons for Allowance
`
`7. El Other
`
`/MICHAEL H W|LSON/
`
`Examifiet, AFT UHVE1747
`
`Supervisory Patent Examiner, Art Unit 1747
`
`U S Patent and Trademark Office
`PTOL—37 (Rev. 08-13)
`20160609
`
`Notice of Allowability
`
`Part of Paper No./Mail Date
`
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`Page 5 of 8
`
`
`
`Application/Control Number: 13/740,011
`Art Unit: 1747
`
`Terminal Disclaimer
`
`1.
`
`The terminal disclaimer filed on June 7, 2016 disclaiming the terminal portion of
`
`any patent granted on this application which would extend beyond the expiration date of
`
`US. Pat. Nos. 9326548, 8365742 and 8156944 has been reviewed and is accepted.
`
`The terminal disclaimer has been recorded.
`
`Examiner’s Amendment
`
`2.
`
`An examiner’s amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to Applicant, an amendment may be filed as provided
`
`by 37 CFR 1.312. To ensure consideration of such an amendment, it MUST be
`
`submitted no later than the payment of the issue fee.
`
`Authorization for this examiner’s amendment was given in a telephone interview
`
`with Mr. Ken Ohriner on Tuesday, June 7, 2016.
`
`The application has been amended as follows:
`
`IN THE CLAIMS:
`
`In claim 24, line 1, the word “supply” has been replaced with —— storage
`
`component
`
`In claim 30, line 8, between the words “atomizer” and “including”, the word --
`
`assembly — has been inserted, and in line 9, the word “atomizing" has been replaced
`
`with —— atomization
`
`In claim 31, lines 1 and 2, the words “atomizing” have been replaced with --
`
`atomization
`
`Fontem Ex. 2015
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`
`
`Application/Control Number: 13/740,011
`Art Unit: 1747
`
`Page 3
`
`In claim 36, lines 3 and 5, the words “atomizing” have been replaced with --
`
`atomization
`
`Reasons for Allowance
`
`3.
`
`The following is an examiner’s statement of reasons for allowance: The closest
`
`prior art neither teaches nor suggests a vaporizing device including a housing having
`
`within it an atomizing chamber within which is placed a wire coil heater wound on a
`
`porous component connected to a battery.
`
`Conclusion
`
`4.
`
`Any comments considered necessary by applicant must be submitted no later
`
`than the payment of the issue fee and, to avoid processing delays, should preferably
`
`accompany the issue fee. Such submissions should be clearly labeled “Comments on
`
`Statement of Reasons for Allowance.”
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to DIONNE W. MAYES whose telephone number is
`
`(571)272-5836. The examiner can normally be reached on Tuesdays and Thursdays,
`
`8:0OA - 6:30P.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Michael H. Wilson can be reached on (571) 270-3882. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571 —
`
`273-8300.
`
`Fontem Ex. 2015
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`Page 7 of 8
`
`
`
`Application/Control Number: 13/740,011
`Art Unit: 1747
`
`Page 4
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/DIONNE W MAYES/
`
`Examiner, Art Unit 1747
`
`Fontem Ex. 2015
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`Page 8 of 8