Case 4:14-cv-00827 Document 2 Filed 12/19/14 Page 1 of 1 Page|D #: 161
`A0 120 Rev. 08/10
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`T0:
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`REPORT ON THE
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`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
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`on the following
`[I Trademarks or
`IE Patents.
`|:] the patent action involves 35 U.S.C. § 292.):
`
`(
`
`DOCKET NO.
`4:14-cv-00827
`PLAINTIFF
`
`DATE FILED
`12/19/2014
`
`U.S. DISTRICT COURT
`for the Eastern District of Texas
`DEFENDANT
`
`Realtime Data, LLC d/b/a [X0
`
`Microsott Corporation, Dell Incorporated, Hewlett-Packard Company
`
`2/20/2007
`1/3/2012
`11/4/2014
`
`——
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`T1J3£EMI:TR?(}:IO
`
`I:] Amendment
`%’;‘{TTERgFD:’:4TfEg
`
`[I Answer
`[I Cross Bill
`[I Other Pleading
`HOLDER OF PATENT on TRADEMARK
`
`———— I
`
`n the ab0ve—entitled case, the following decision has been rendered orjudgement issued:
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
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`DATE
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`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`1
`
`APPLE 1002
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`

`
`UNITED STATES PATENT AND TRADEMARK OEEICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O Box 1450
`Alexandria. Virginia 22313-1450
`www.uspto gov
`
`APPLICATION NO.
`
`11/551.204
`
`ISSUE DATE
`
`01/03/2012
`
`PATENT NO.
`
`8090936
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`28550040009
`
`9937
`
`26111
`
`7590
`
`12/14/2011
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
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`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
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`The Patent Tenn Adjustment is 286 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
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`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
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`APPLICANT(S) (Please see PAIR WEB site http://pair.11spto.gov for additional applicants):
`
`James J. Fallon, Armonk, NY;
`John Buck, Oceanside. NY;
`Paul F. Pickel, Bethpage, NY;
`Stephen J. McErlain, New York, NY;
`
`IRIO3 (Rev. 10/09)
`
`2
`
`

`
`FALLON et al.
`
`Appl. No. 11/551,204
`
`............;
`
`Inter Partes Reexamination of US. Patent No.
`7,777,651 (Control No. 95/001,581)
`
`if
`
`1 Inter Partes Reexamination of US Patent No.
`7, 400,274 (Control No. 95/001,544)
`
`Non-Final Office Action
`mailed 7/25/2011; Order
`Granting Reexam Request
`mailed 6/15/2011; Filed
`
`:3 Non-Final Office Action
`3 mailed 5/20/2011; Filed
`____;m2/14/201 1
`pg
`
`Applicants invite the Examiner to 1“eviev/the Requests f£3TR€€XE1”fliBai1{¥}1,
`
`issued
`
`Office Actions, replies, and any other papers in the above-identified reexamination
`
`proceedings. If the Examiner is unable to obtain copies of papers in any reexamination
`
`proceeding, copies can be provided to the Examiner upon request. Those documents
`
`which may be materéal that are not already of record in this patent application are listed
`
`on the accompanying Form PTO/SB/O8.
`
`For example, documents related to the
`
`reexaminations are listed at NPL23—NPL24.
`
`Applicants notify the Patent and Trademark Office of the following litigation
`
`involving U.S. Patents commonly-owned with the current patent application, the subject
`
`matter of which may be related to the present patent application:
`
`7 O‘
`1
`
`Stafii§“““::::i
`Cas1=f‘m“'
`ealtime Data LLC d/b/a D(0 v. Packeteer, Inc. et al.,
`‘ Dismissed
`‘
`6=08-CV-0014:£:L,EQ,,§E:D:..Is?§a§E;.,..
`5
`
`Applicants also notify the Patent and Trademark Office of the following
`
`additional litigation involving U.S. Patents commonly-owned with the current patent
`
`application, the subject matter of which may be related to the present patent application:
`
`.
`
`Case
`Realtime Data LLC d/b/a D(0 v. Thomson Reuters
`Corporation et al. No. 6:09-cv-00333-LED (E.D.
`Texas)
`
`, Pending, Order
`denying Motion to
`Expedite Briefing,
`1 Order granting writ
`of mandamus to
`transfer to the
`1 Southern Distréct of
`1 _NeW.Y.9rk-
`i‘Péi13i¥isTI2:s19I,.,
`
`ALL REFERENCES CC>NSlDERE[) EXCEPT wA‘§a%“LltR?Eifi5ifi9é@EPGH
`
`3
`
`

`
`- 2 -
`
`FALLON et al.
`
`App1.No. 11/551,204
`
`..
`.. . .
`.
`Parte Reexamination of U.S. Patent No. 6,601,104 Miseel ianeous Action with
`(Control No. 90/009,428)
`SS1’ (S.«"7./2011; Request for
`Reliearing Z».ifi.'§.’~1‘7BQ3,!‘(.i
`3 Decision 5/18/2011; BPAI
`Decision mailed M21re1i 18,
`" 011; Notification offirppeai
`Heariiig issued .1an.11ary 14,
`201 1; Exa1niner’s Answer
`
`1 §
`
`1
`
`Inter Partes Reexamination of U.S. Patent
`No. 7,378,992 (Control No. 95/000,478)
`
`Inter Partes Reexamination of U.S. Patent
`E3 No. 6,624,761 (Control No. 95/000,464)
`
`‘
`
`E
`
`§
`‘
`
`.
`
`Inter Partes Reexamination of U.S. Patent No.
`7,161,506 (Control No. 95/000,479)
`
`Inter Partes Reexamination of U.S. Patent No.
`7,714,747 (Control No. 95/001,517)
`
`Inter Partes Reexamination of U.S. Patent No.
`7,417,568 (Control No. 95/001,533)
`
`,
`
`‘
`
`i
`5
`
`~
`
`1
`
`Api::en1—Brie;1’ Filed
`4/'21/21111; Netice of Appeal
`fiied Feiaiuary 8, 2011;
`Deeisien Dismissing Petitien
`maiied Jaziuary 25, 2011;
`Patent Owner Comments on
`
`Action Closing Proseeutiori
`
`A,npea1B1‘iefFi1ed 4./21/'2()11;
`Notice ofAppea1 filed
`Febimiry 8, 2011; Decision
`1 Disrnissiiig Fetitioii mailed
`January 2:1, 2.011; Patent
`Owner Cornmenits on Action
`Ciosiiig Presecurion filed
`teinber
`Appeal Brief Fiied. 4/2 /201 1.;
`E Notice of Appeal flied
`February 10, 2011; Decision
`I‘}isini.ssing Petitien mailed
`Jaiinary 2.5, 2011; Patent.
`Owner Comments on Action
`
`Closing Pmsecutiori filed
`3¢ i§_....,. ..
`Qrsier Granting Reexam
`received 3:’?/2{11. 1; Notice of
`Assignmerit of
`Reexarninetion Request
`issued 1/'13/2.011; Filed
`
`Non~1*"i11a1 Office Action
`maiied 5/6/'201 1;
`Replacenieni R.eex:»m1
`, Request filed 3/1/2011;
`NOElf1Ca'£1011 oflrieornpiete
`inter Panes Reexam Request
`issued 2/22./2.011; Reexarri
`Request o.riginai1y fiiesi
`1. /'3 1.,/201 1 ;
`
`ALL REFERENCES C<:>Ns1DEREe EXCEPT wé1€n%“L11i?E%5iQ%@EPGH
`
`4
`
`

`
`'l"H}Ei UNITEEED STATES PATENT AND T§1iAE:}El‘_vlARl<L GFFECE
`
`in re application of:
`
`FALLON et :23.
`
`Confirmation No.2 9937
`
`Art Unit: 2115
`
`Appi. N43,: 11/551,204
`
`Examiner: SURYAWANSHI, Suresh
`
`Filed: October 19, 2006?
`
`Atty. Docket: 2855.0040009
`
`For: Systems and Methods fer
`Atrieeierated Leading fif Operating
`Ssysteins and Appiicatioa Pregrams
`
`\
`
`ifliirteeiitli Saipplemeritial Eiiforniatiori Biselesure Statement
`
`Mail Stop RCE
`
`Commissioner for Patents
`PO Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`Notice o£_Brigr rQ§§§diua§
`
`Applicants hereby call to the attention of the Patent and Trademark Office the
`
`following reexamination proceedings involving patents that are commonly-assigned with
`
`the patent in the above-identified patent application:
`
`Inter Partes Reexamination of U.S. Patent No.
`6,604,158 (Control No. 95/000,486)
`
`Inter ParteslReexamination of US. Patent
`No. 7,321,937 (Control No. 95/000,466)
`
`Patent Owner Comments
`after Action Closing
`Prosecution filed May 9,
`201 1; Non-Final Action
`Closing Prosecution mailed
`March 7, 2011; Decision
`Dismissing Petition mailed
`January 26, 2011; Petition
`_..%,..fi1.9.@.1_..A..!.1.:e:-.I_1..$,t,2.§.= 2010-.,,...i,....i
`‘ Examiner's Answer issued
`July 18, 2011; Decision
`, Dismissing Petition mailed
`January 26, 2011; Appeal
`,B1‘i§£_f1_l_§d_,_Qgt- 25, 2010
`_s
`Inter Piz7~?E§'fiéiéxaiiiiKaii3fi'B “““"i”"‘i“‘Terminated
`1392:,§2§9$.1.§.3.,§Q Q.Q.Q:fl,§.30....-.,_......__...__....,......__... 3
`
`.....,
`
`§
`‘
`
`;
`
`ALL REFERENCES CONSlDERED EXCEPT WHERE UNED THROUGH.
`
`/SKS./’
`
`5
`
`

`
`I Complete .
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`4
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`PART B - FEE(S) TRANSMITTAL
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`together with applicable fee(s), to: Mail Mail Sto ISSUE FEE
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`26] I1
`
`7590
`
`09/28/201 I
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1 100 NEW YORK AVENUE, N.w.
`WASHINGTON’ DC 20005
`
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`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`I I/551,204
`
`lO/ I 9/2006
`
`James J. Fallon
`
`2855.0040009
`
`9937
`
`TITLE OF INVENTION: SYSTEMS AND METHODS FOR ACCELERATED LOADING OF OPERATING SYSTEMS AND APPLICATION
`PROGRAMS
`‘
`
`APPLN. TYPE
`
`SMALL ENTITY
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`ISSUE FEE DUE
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`PUBLICATION FEE DUE
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`nonprovisional
`EXAMINER
`
`NO
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`SURYAWANSHI, SURESI-I
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`21 I5
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`CLASS-SUBCLASS
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`7l3-002000
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`ll/81/2811 EEKUBQYE 09060016 11551204
`
`l2/28/201 1
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`1. Chan e of correspondence address or indication of "Fee Address" (37
`CFR I. 63).
`D Chan c of corrcs ondence address (or Change of Correspondence
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`(2) the name of a single firm (having as a member a
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`Sterne , Keg S1 er ,
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`5 eln
`OX
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`PLEASE NOTE: Unless an assignce is identified below, no assignee data will appear on the patent.
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`(A) NAME or ASSIGNEE
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`
`Rea1timel)Data , LLC
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`Armorik , New York USA
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`D b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR l.27(g)(2).
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`flG‘(o5(’r~ 3/ 10//
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`. Michael V - Mess 1112291“
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`Registration No.
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`37 9 5 7 5
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`6
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`

`
`1
`gissigzazzz ,
`
`October 31, 2011
`
`O;
`
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`®SlBlfiB Kesslei
`fifllilsleln Tux
`
`ATTORNEYS AT LAW
`
`Confirmation No. 993 7
`Mail Stop Issue Fee
`
`Re:
`
`Allowed U.S. Utility Patent Application
`Appl. No. 11/551,204; Filed: October 19, 2006
`For:
`Systems and Methods for Accelerated Loading of Operating Systems
`and Application Programs
`Inventors: FALLON et al.
`Our Ref: 2855.0040009
`
`Sir:
`
`In response to the Notice of Allowance and Fee(s) Due dated September 28, 2011, the
`following documents are transmitted for appropriate action by the U.S. Patent and Trademark
`Office:
`
`Issue Fee Transmittal (Form PTOL-85);
`
`Credit Card Payment Form (PTO-2038) in the amount of $230.00 to
`cover:
`
`$230.00 - Issue Fee; and
`
`3.
`
`Return postcard.
`
`It is respectfully requested that the attached postcard be stamped with the date of filing of
`these documents, and that it be returned to our courier.
`
`The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency,
`or credit any overpayment, to our Deposit Account No. 19-0036.
`
`Respectfully submitted,
`
`SSLER, GOL
`
`& Fox P.L.L.C.
`
`ichael V. Messinger
`Attorney for Applicants
`Registration No. 37,575
`
`MVM/jmh
`
`143 9696_1.DOCX
`
`Sterne, Kessler, Guldstein 8: Fox P.L.L.C.
`
`2 1100 New York Avenue. NW : Washington, DC 20005 : t 202.371.2600 f202.371.2540
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`S K G F . C O M
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`7
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`

`
`YB
`fld}u5tment date: 11/81/2811 EEK
`95 86/2811 IHTEFSU BBBB4935 115 1206
`B1 FC:15B1
`-1519.60 DP
`
`8
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMNIISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 22313—1430
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`26111
`
`7590
`
`09/28/2011
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON, DC 20005
`
`EXAMIN ER
`
`SURYAWANSHI, SURESH
`
`ART UNIT
`
`2115
`
`PAPER NUMBER
`
`DATE MAILED: 09/28/2011
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`28550040009
`James J. Fallon
`10/19/2006
`11/551,204
`TITLE OF INVENTION: SYSTEMS AND METHODS FOR ACCELERATED LOADING OF OPERATING SYSTEMS AND APPLICATION
`PROGRAMS
`
`9937
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSITE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovisional
`
`NO
`
`$230
`
`$0
`
`$1510
`
`$230
`
`DATE DUE
`
`12/28/2011
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`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOVVED FOR ISSUANCE AS A PATENT.
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`the ISSUE FEE shown above.
`
`II. PART B — FEE(S) TRANSMITTAL, or its equivalent, must 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
`the paper as an equivalent of Part B.
`
`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.
`
`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.
`
`PTOL-85 (Rev. 02/11)
`
`Page 1 of 3
`
`9
`
`

`
`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 @ (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
`ap ropriate. All further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated 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 CORRESPONDENCEADDRESS (Note: UseB10sk iforanyshanzeofaddress)
`
`26111
`
`7590
`
`09/23/2011
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`7
`1 100 NEW YORK AVENUE’ N-W :
`WASHINGTON, DC 20005
`
`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
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`
`Certificate Of Mailing 0r Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the Lnited
`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) 273-2883, on the date indicated below.
`(Depositofs name)
`tslgnatule)
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`28550040009
`James J. Fallon
`10/19/2006
`11/551,204
`TITLE OF INVENTION: SYSTEMS AND METHODS FOR ACCELERATED LOADING OF OPERATING SYSTEMS AND APPLICATION
`PROGRAMS
`
`9937
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSI IE FEE DUE
`
`PUBLIC ATION FEE DUE
`
`PREV. PAID ISSITE FEE
`
`TOTAL FEE(_S) DUE
`
`nonprovisional
`EXAMINER
`
`N 0
`
`SURYAWANSI-II, SURESH
`
`$230
`ART UNIT
`
`2115
`
`$0
`
`CLASS-SUB CLASS
`
`713—002000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CF I 1.363).
`3 Chan e of correspondence address (or Change of Correspondence
`Addmbs Om] PTO/SB/122) auachcd‘
`3 "Fee Address" indication (or "Fee Address" Indication form
`>TO/SB/47; Rev 03-02 or more recent) attaehed. Use of a Customer
`Number is requil-ed_
`
`2. For printing on the patent front page. list
`~
`.
`.
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`Fegistefed attorney Of agent) and the names Of UP to
`Zregislcred patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`DATE DUE
`
`12/28/2011
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`DLEASE 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)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order _ # of Copies
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`3 Payment by credit card. Form PTO-2038 is attached.
`\
`:IThe Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`: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.
`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
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Typed or printed name
`
`Date
`
`Registration No.
`
`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)
`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
`submitting the completed application form to the USPTO. Time will vary de endin upon the individual case. Any comments on the amount of time you require to complete
`this form and/or su gestions for reducing this burden, should be sent to the C ief In ormation Officer, US Patent and Trademark Office, US. Department of Commerce. P.O.
`Box 1450, Alexan ria, Virginia 22313-1450. DO NOT SEND FEES OR COMPLETED FOILVIS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`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.
`
`PTOL—85 (Rev. 02/] 1) Approved for use through 08/31/2013.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COVIMERCE
`
`10
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Addiess: COMNIISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 22313-1430
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/551 ,204
`
`10/19/2006
`
`James J. Fallon
`
`2855.0040009
`
`9937
`
`26111
`
`7590
`
`09/28/2011
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE, N.W.
`WASHINGTON, Dc 20005
`
`EXAMINER
`
`SURYAWANSHLSURESH
`
`2115
`
`DATE MAILED: 09/28/2011
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 97 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 97 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`11
`
`

`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with
`your submission of the attached form related to a patent application or patent. Accordingly, pursuant to
`the requirements of the Act, please be advised that: (1) the general authority for the collection of this
`information is 35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the
`principal purpose for which the information is used by the U.S. Patent and Trademark Office is to process
`and/or examine your submission related to a patent application or patent. If you do not furnish the
`requested information, the U.S. Patent and Trademark Office may not be able to process and/or examine
`your submission, which may result in termination of proceedings or abandonment of the application or
`expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom
`of Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of
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`. A record from this system of records may be disclosed, as a routine use, in the course of presenting
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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
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`. A record in this system of records may be disclosed, as a routine use, to a contractor of tlie Agency
`having need for the information in order to perform a contract. Recipients of information shall be
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`. A record related to an International Application filed under the Patent Cooperation Treaty in this
`system of records may be disclosed, as a routine use, to the International Bureau of the World
`Intellectual Property Organization, pursuant to the Patent Cooperation Treaty.
`. A record in this system of records may be disclosed, as a routine use, to another federal agency for
`purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy
`Act (42 U.S.C. 218(c)).
`to the Administrator,
`. A record fron1 this system of records may be disclosed, as a routine use,
`General Services, or his/her designee, during an inspection of records conducted by GSA as part of
`that agency‘s responsibility to recommend improvements in records management practices and
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`(i.e., GSA or Commerce) directive. Such disclosure shall not be used to make determinations about
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`
`'. A record fro111 this system of records may be disclosed, as a routine use, to the public after either
`publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35
`U.S.C. 151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a
`routine use, to the public if the record was filed in an application which became abandoned or in
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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 enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
`regulation.
`
`12
`
`

`
`Application No.
`
`App|icant(s)
`
`_
`,
`,
`Notice of Allowability
`
`11/551,204
`Examiner
`
`FALLON ET AL.
`
`SU RESH SU RYAWANSHI
`
`-- 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 FICE filed on 9/16/11.
`
`2. [I 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. IE The allowed c|aim(s) is/are 17-40.
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) El All
`b) I:I Some‘
`c) I:I None
`of the:
`1. El Certified copies of the priority documents have been received.
`2. El Certified copies of the priority documents have been received in Application No.
`
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. [I A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. El CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) El including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`1) I:I hereto or 2) I:I to Paper No./Mail Date
`(b) [I including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./Mail Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (no