- 2 —
`
`FALLON et al.
`
`Appl. No. 13/118,122
`
`1111111111111111111111111111111111111111111111111111111§ir99,¢,¢si,i,I1g...........................................,,
`Inter Partes Reexamination of U.S. Patent No.
`7,714,747 (Control No. 95/001,517)
`
`=
`5
`
`etition to Expunge Third
`Party Requester's Improper
`Submission of Declarations
`and Strike Coniments
`Directed to Examiner's
`Determination filed
`06/26/2013; Patent Owner's
`Comments in Response to
`Examiner's Determination
`filed 05/10/2013; Examiner's
`Determination Under 37
`E
`1 C.F.R. §41.77(d) mailed
`1
`................................................................................................................................................l'...Q.f.l../..1..Q./..2...Q.1..?2,,,,,,,,,,,,,,,,,,,, WW4
`Inter Partes Reexamination of U.S. Patent No.
`Decision on Petition Under
`7,417,568 (Control No. 95/001,533)
`37 C.F.R. § 1.183 to Request
`Examiner Enter Evidence
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`'
`Inter Parte5"Reexaniiri?1tion of US. Patent No.
`'1 Examiner's‘Aiiswer to
`7,400,274 {Control N,{1,1,§_1_i,1,,<:c,1__,1,_(_>,/,
`
`. E
`
`3
`
`1
`
`Applicants hereby call to the attention of the Patent and Trademark Office the
`
`following reexamination proceedings filed by Cellco Partnership d/b/a Verizon Wireless,
`
`involving patents that are commonly—assigned with the patent in the above-identified
`
`patent application:
`
`Proceeding
`VVVVVVVVVVVVVVVV,
`Inter Partes Reexamination of U.S. Patent No.
`7,321,937 (Control No. 95/001,922)
`
`__________________________________________________________,
`Patent Owner s Supplemental
`Response to Action Closing
`Prosecution filed 05/15/2013;
`Patent Owner's Response to
`Action Closing Prosecution
`filed 05/09/2013
`
`Inter Partes Reexamination of U.S. Patent
`No. 6,604,158 (Control No. 95/001,923)
`
`5
`
`Response to Office Action
`
`Inter Partes Reexamination ofUS. Patent
`No. 7,352,300 (Control No. 95/001,924)
`
`Inter Partes Reexamination of U.S. Patent
`No. 7,395,345 (Control No. 95/001,925)
`
`Patent Owner's Response to
`Action Closing Prosecution
`filed 05/09/2013; Action
`Closing Prosecution mailed
`
`§ Patent Owner's Supplemental
`1 Response to Office Action
`filed 05/06/2013
`
`g
`
`1
`
`‘
`
`Atty. Dkt. No. 2855.004000B
`
`601
`
`

`
`No. 7,l6l.,506 (Control No. 95/00l,,926)
`
`3‘
`
`Action Closing Prosecution
`filed 04/05/2013; Action
`Closing Prosecution mailed
`l 03/05/29.13..
`l Right of Appeal Notice
`mailed 05/31/2013; Action
`3‘ Closing Prosecution mailed
`04/03/2013
`§"7z€ié}3‘P‘a7’Fi‘e?;é"REE52aiiiifiiiii6H‘8f‘UT§‘I“F5iEHWVTmWW WfiE}“§“Kép‘l§“i6 \\\\\\\
`7,378,992 (Control No. 95/001,928)
`Action Closing Prosecution
`filed 04/05/2013; Action
`Closing Prosecution mailed
`
`FALLON et al.
`
`Appl. No. 13/118,122
`
`5
`
`Inter Partes Reexamination of U.S. Patent
`No. 7,415,530 (Control No. 95/001,927)
`
`Applicants invite the Examiner to review the Requests for Reexamination, 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 material 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 NPL61-NPL109.
`
`1§I.9.t.i._c,§...<2,f..1.,1,.§.1._at§,<.i..Liti.§§ati911
`
`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:
`
`.......................................................
`l Realtime Data LLC d/b/a [X0 v. Packeteer, Inc. er al.,
`
`Atty. Dkt. No, 2855..004000B
`
`602
`
`

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`— 4 -
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`FALLON et al.
`
`Appl. No. 13/118,122
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`Applicants also notify the Patent and 'l‘1'ademarl< Offitte of the following
`
`additional litigation involving
`
`Patents commonly—owned with the c‘-.11‘1'er1t patent
`
`ap_pl}ea.ti<31't, the sul1_ie<:t matter o1°wl1.ic.h rnay be related to the p1‘ese11tpate11t applica=.'io11:
`
`Case
`CC 0fApp6a1
`3
`; Realtime Data LLC d/b/a [Y5
`Corporation et al. No. 1:11—cv—06698—RJH (SD. New Filed
`York) (transferred from E.D. Texas; 6:09-cv-0033}
`
`Realtime Data LLC d/b/a LX()iv.”Mor)g?an Stanley et al., N0’fiCe Of Appeal
`No. 1:11-cv-O6696—RJH (S.D. New York) (transferred
`Filed
`
`Realtime Data LLC d/b/a [X0 V. CME Group Inc, et
`al., No. 1:1l—cv—O6697—RJH (S.D. New York)
`(transferred from E.D. Texas; No. 6:09-cv-00327—
`
`NOUCG 0fAp13€a1
`Ffled
`
`Chicago Board ()ptz'on.s' Exchange, Inc., v. Realtime
`
`DiSII1iSS€d
`
`4
`
`....................
`5
`
`6
`
`Thomson Reuters Corporation v. Realtime Data, LLC
`d/b/a pro, No. 1:09-cv-O7868—RMB (S.D.N.Y)
`
`al.
`
`(11), No. 6:10-cv-246 (E.D. Texas)
`
`COI1S01ida'E€d With
`Case N0- 2
`
`d with
`
`_
`
`Case Ne 4
`
`3
`
`5
`
`5
`
`=~-i
`
`Corporation et al. ([1), No. 6:l0—ov—247 (E.D. Texas)
`‘”"'E"‘ié‘é‘ri2}i};€é“BE2‘;£"‘ZZE“37b/a pro v. Marga}? §i2i}32z“é“y“,“ et
`all
`(11), No. 6:l0—cV—248 (E.D. Texas)
`
`Case N0- 2
`
`Case N0- 3
`
`’
`10
`
`Updated court docket listings downloaded July 8, 2013 for litigations previously
`
`disclosed and pending are submitted herewith as NPLl 19-NPLl22.
`
`£wwrmQa@ 0PCS
`
`Applicants submit herewith documents related to the above—listed litigation as
`
`documents NPL27-NPL4l .
`
`Atty. Dkt. No. 2855.004000B
`
`603
`
`

`
`— 5 -
`
`FALLON er al.
`
`Appl.No.13/118,122
`
`,1§_eWcI,lW2‘z'Wn*1§WQg1_[,c_1,,,,L“L,(/" d[[9[g[ LYO v. CME Grows Inc., et al. : and
`
`Applicants submit herewith documents related to the above—listed litigations as
`
`documents US l -US3 and NPLl-NPL26 with confidential information redacted.
`
`II1f9.tI1.1?_1I_iQI1.,.I,2iS_9lQ§l!£§.,§J£§!I£II1§Et
`
`Listed on accompanying IDS Forms PTO/SB/08a equivalent and/or PTO/SB/08b
`
`equivalent are documents that may be considered material to the patentability of this
`
`application as defined in 37 C.F.R. §1.56, and in compliance with the duty of disclosure
`
`requirements of37 C.F.R. §§ 197 and 1.98.
`
`Applicants have listed publication dates on the attached IDS Forms based on
`
`information presently available to the undersigned. However, the listed publication dates
`
`should not be construed as an admission that the information was actually published on
`
`the date indicated.
`
`Applicants reserve the right to establish the patentability of the claimed invention
`
`over any of the information provided herewith, and/or to prove that this information may
`
`not be prior art, and/or to prove that this information may not be enabling for the
`
`teachings purportedly offered.
`
`This statement should not be construed as a representation that a search has been
`
`made, or that
`
`information more material
`
`to the examination of the present patent
`
`application does not exist. The Examiner is specifically requested not to rely solely on
`
`the material submitted herewith.
`
`Atty. Dkt. No. 2855.004000B
`
`604
`
`

`
`FALLON er al.
`
`Appl. No. 13/118,122
`
`Filing under 37 C.F.R. § l.97(b). This Information Disclosure Statement is being
`
`filed before the mailing of a first Office Action arid after the filing of a request for
`
`continued examination under 37 CPR. § 1.114. No statement or fee is required.
`
`Documents USl—US8 are cited on the attached form PTO/SB/08A. Documents
`
`NPL1—NPL122 are cited on the attached form PTO/SB/08B. Copies of documents
`
`NPL1-NPL15 and NPL17-NPL122 are submitted herewith. Due to its file format,
`
`document NPL16 cannot be submitted electronically, and is therefore presented on the
`
`accompanying CD labeled as document NPL16, submitted Via hand—carry. Ir; accordance
`
`with 37 C.F.R. § 1.98(a)(2), no copies of U.S. patents and patent application publications
`
`cited on the attached IDS Forms are submitted.
`
`Applicants submit herewith actions from the followirag co-pending, commonly
`
`assigned US. Patent Application Nos..:
`
`Document NPL42 is a copy ofa Notice of Allowance mailed on June 21, 2012 in
`
`the prosecution of co—pending, commonly-assigned US. Application No. 11/400,008.
`
`Document NPL43 is a copy of a Final Office Action mailed on June 26, 2012 in
`
`the prosecution of co—pending, commonly—assigned U.S. Application No. 13/154,239.
`
`Document NPL44 is a copy of a Notice of Allowance mailed on July 12, 2012 in
`
`the prosecution ofco—pending, commonly—assigned U.S. Application No. 12/857,238.
`
`Document NPL45 is a copy of a Notice of Allowance mailed on July 16, 2012 in
`
`the prosecution of co-pending, commonly-assigned U.S. Application No. 12/703,042.
`
`Atty. Dkt. No. 2855.004000B
`
`605
`
`

`
`- 7 —
`
`FALLON er al.
`
`Appl.No. 13/118,122
`
`Document NPL46 is a copy of a Non—Final Office Action mailed on July 20,
`
`2012 in the prosecution of co-pending, commonly-assigned U.S. Application No.
`
`13/482,800.
`
`Documew; l\'PE,47 is a copy of Ncstice of ,"Xllowan<:e :tr2a:Zle.:i or: .\loVembcr 6,
`
`2012 in the prosecution of co-pending, commonly—assigned U.S. Application No.
`
`11/553,427.
`
`Document NPL48 is a copy of a Notice of Allowance mailed on November 15,
`
`2012 ii:
`
`the prosecution of co—pending, common1y—assigned US. Application No.
`
`12/703,042.
`
`Document NPL49 is a copy of a Non-Final Office Action mailed on November
`
`29, 2012 in the prosecution of co—pending, commonly-assigned U.S. Application No.
`
`12/857,238.
`
`Document NPL50 is a copy of a Final Officc Action mailcd on December 4, 2012
`
`in the prosecution of co—pending, commonly-assigned U.S. Application No. 09/969,987.
`
`Document NPL51 is a copy of a Final Office Action mailed on December 13,
`
`2012 in thc prosecution of co-pcnding, commonly-assigned U.S. Application No.
`
`13/101,994.
`
`Document NPL52 is a copy of a Supplemental Notice of Allowability mailed
`
`December 18, 2012 in the prosecution of co—pending, commonly—assigned U.S.
`
`Application No. 12/703,042.
`
`Atty. Dkt. No. 2855.004000B
`
`606
`
`

`
`FALLON er al.
`
`Appl. No. 13/118,122
`
`Document NPL53 is a copy of a Notice of Allowance mailed December 28, 2012
`
`in the prosecution of co—pendi1:g, commonly-assigned U.S. Application No. 12/690,125.
`
`Document NPL54 is a copy of a Non-Final Office Action mailed on January 15,
`
`2013 in the prosecution of co-pending, commonly-assigned U.S. Application No.
`
`l‘i./553,419.
`
`Document NPL55 is a copy of a Non—Final Office Action mailed on February 19,
`
`2013 in the prosecution of co—pending, commonly—assigned U.S. Application No.
`
`13/482,800.
`
`Docunéent NPL56 is a copy of a Notice of Allowance mailed on March 4, 2013
`
`in the prosecution of co—pending, commonly-assigned U.S. Application No. 12/703,042.
`
`Document NPL57 is a copy of a Non-Final Office Action mailed on April 15,
`
`2013 in the prosecution of co—pending, commonly-assigned U.S. Application No.
`
`12/690,125.
`
`Document NPL58 is a copy of a Notice of Allowance mailed on April 24, 2013
`
`in tlae prosecution of co-pending, commonly-assigned U.S. Application No. 13/ 1 54,239.
`
`Document NPL59 is a copy of a Notice of Allowance mailed on May 14, 2013 in
`
`the prosecution of co—pending, comr_aonly~assigned U.S. Application No. 1 l/553,427.
`
`Document NPL60 is a copy of a supplemental Notice of Allowance mailed on
`
`May 15, 2013 in the prosecution of co-pending, commonly—assigned US. Application
`
`No. 11/553,427.
`
`Atty. Dkt. No. 2855.004000B
`
`607
`
`

`
`- 9 -
`
`FALLON er az.
`
`Appl. No. 13/118,122
`
`Document NPL110 is a copy of a Notice of Allowance mailed on June 17, 2013
`
`in tlae prosecution of co—pending, commonly-assigned U.S. Application No. 12/857,238.
`
`Document NPL111 is a copy of a supplemental Notice of Allowance mailed on
`
`June 18, ‘2013 in the prorcettutimi <1l"L:.o—pend‘§ng, comrnonly»ass.igned ll ,»’r\p_-;)lica‘-.io11
`
`No. .12/703,042.
`
`Document NPL112 is a copy of supplemental Notice of Allowance mailed on
`
`July 2, 2013 in the prosecution of co-pending, commonly-assigned U.S. Application No.
`
`11/553,427.
`
`Document NPL113 is a copy of a Non—Final Office Action mailed on July 3,
`
`2013 in the prosecution of co-pending, commonly-assigned US. Application No.
`
`09/969,987.
`
`The identification of these actions is not to be construed as a waiver of secrecy as
`
`to those applications now or upon issuance of the present application as a patent. The
`
`Examiner is respectfully requested to consider the cited applications and the art cited
`
`therein during examination.
`
`It is expected that the examiner will review the prosecution and cited an in the
`
`parent application nos. 09/776,267,
`
`filed February 2, 2001 (now U.S. Patent No.
`
`7,181,608), and 11/551,211, filed October 19, 2006 (now U.S. Patent No. 8,112,619), in
`
`accordance with MPEP 2001.06(b), and indicate in the next communication from the
`
`office that the art cited in the earlier prosecution history has been reviewed in connection
`
`with the present application.
`
`Atty. Dkt. No. 2855.004000B
`
`608
`
`

`
`- 10 -
`
`FALLON et al.
`
`Appl.N0.13/118,122
`
`It is respectfully requested that the Examiner initial and return a copy of the
`
`enclosed IDS Forms, and indicate in the official file wrapper of this patent application
`
`that the documents have been considered.
`
`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,
`
`STF.R’19~lE ‘KF,~ssLER, GOLf_D§T.E_ll\I & Fox P.L.L.C.
`
`Michael V. Messinéer
`Attorney for Applicants
`Registration No. 37 ,575
`
`1100 New York Avenue, NW.
`
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`17033253 DOCX
`
`Atty. Dkt. No. 2855.004000B
`
`609
`
`

`
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`SURYAWANS1{I, sures]-1
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`redo i red q_i_‘_l_t_‘._i_
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`First Named Inventor
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`1311165 J- FALLON
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`Address to:
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`l9—O036
`
`RCE fee required under 37 CFR 1.17(e)
`
`Extension of time fee (37 CFR 1.136 and 1.17)
`ii.
`other Terminal Disclaimer Fee
`iii_
`b. I: Checkintheamountof$
`
`Payment by credit card (Form PTO—2038 enclosed)
`c.
`WARNiNG: Information on this fonn may become public. Credit card information should not be included on this form. Provide credit
`card information and authorization on PTO-2038.
`
`,
`
`SIGNATUR 71- : LICANT, ATTORNEY, OR AGENT REQUIRED
`
`Re9‘5"a"°" ”°‘
`ichael V. Messineer
`CERTIFICATE or MAILING on TRANSMISSION
`
`37 575
`
`I hereby certify that this correspondence is being deposited with the United States Postal Service with sufficleni postage as first class mail in an envelope
`addressed to: Mail Stop RCE, Commissioner for Patents, P. O. Box 1450, Alexandria. VA 22313-1450 or facsimile transmitted to the US Patent and Trademark
`Office on the date shown below.
`
`
`Name i"""VTvP‘-*>
`This collection of information is required by 37 CFR 1.114. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO
`to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 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 co mplete this fonn andlor suggestions for reducing this burden, should be sent to the Chief information Officer, U.S. Patent and
`Trademark Office, U.S. Depa rtment of Commerce. P.O. Box 1450, Alexandria. VA 223131450. DO NOT SE ND FEES OR COMPLETED FORMS TO THIS
`ADDRESS. SEND TO: Mail Stop RCE, Commissioner for Patents. P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`611
`
`

`
`MICHAELV.ME-SSINGER
`W»
`
`DIRECTOR
`
`MIKEM@SKGF.COM
`
`July 9, 2013
`
`Commissioner for Patents
`PO Box 1450
`
`Alexandria, VA 22313-1450
`
`1002
`“B
`fiuldstein Fnx
`
`ATTORNEYS AT LAW
`
`Confirmation No. 89 78
`Art Unit 2115
`
`Attn: Mail Stop RCE
`
`Re:
`
`U.S. Utility Patent Application
`Application No. 13/118,122; Filing Date: May 27, 2011
`For:
`Systems and Methods for Accelerated Loading of Operating Systems
`and Application Programs
`Inventors:
`FALLON et aI.
`Our Ref:
`2855.004000B
`
`Commissioner:
`
`Transmitted herewith for appropriate action are the following documents:
`
`1. Online Credit Card Payment Authorization in the amount of $l2é00.00 to cover:
`
`$1,400.00 Three-Month Extension of Time Fee;
`$1,200.00 Request for Continued Examination Fee;
`$ 160.00 Terminal Disclaimer Fee;
`$9,120.00 Excess Claims Fee;
`S 420.00 Independent Excess Claim Fee;
`
`. Petition for Extension of Time Under 37 C.F.R. § 1.l36(a) Fonn (PTO/SB/22);
`
`. Request for Continued Examination (RCE) under 37 C.F.R. § 1.114(c)',
`
`. Terminal Disclaimer To Obviate A Double Patenting Rejection Over "Prior" Patents;
`
`. Submission Under 37 C.F.R. § 1.l14(c) and Preliminary Amendment Under 37
`C.F.R. § 1.115;
`
`. Third Supplemental Information Disclosure Statement;
`
`. Form PTO/SB/08a (1 sheet) listing (8) documents (US1-US8);
`
`8. Form PTO/SB/08b (13 sheets) listing (122) documents (NPLl—NPLl22);
`
`9. Electronic copies of cited documents (NPLI-NPLIS and NPLI7-NPL122);
`
`10. CD-Rom with cited document NPLI6 (submitted via hand-carry); and
`
`Stems. Kesster. Goldstein &
`
`1-_u.«:.
`
`: 1100 New York A-.~'-:-nue. NW : Washington, DCZDOOS : t 202.371.2605 f2G2.37:.2S-‘.0
`
`S K G F . C O M
`
`612
`
`

`
`Commissioner for Patents
`
`July 9, 2013
`Page 2
`
`11. Return Postcard (submitted via hand-carry).
`
`In the event that extensions of time are necessary to prevent abandonment of this patent
`application, then such extensions of time are hereby petitioned.
`
`is provided through online credit card payment. The U.S. Patent and
`Fee payment
`Trademark Office is hereby authorized to charge any fee deficiency, or credit any overpayment,
`to our Deposit Account No. 19-0036.
`
`Respectfully submitted,
`
`/‘
`LER, GOLW Fox P.L.L.C.
`/
`
`Mic ‘ael v. Messinger
`Attorney for Applicants
`Registration No. 37,575
`
`MVM/S-B/srb
`Enclosures
`
`l7042l9_l.DOCX
`
`Sterne, l(ess!er, Galdszein 8: Foxnae : 1200 New Yak Avenue, NW : ‘-fiashiazgien, DC 20005 : I 202.371.2600 1l02.371,2S40
`
`S K G F . C O M
`
`613
`
`

`
`PTO/SBQ2 (03-13)
`Approved for use through 3/31/2013. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`MB control number.
`Docket Number (Optional)
`
`PETITION FOR EXTENSION OF TIME UNDER 37 CFR 1.136(a)
`
`23550040003
`
`Application Number
`13/118,122
`
`For
`
`Filed
`
`May 27, 2011
`
`Systems and Methods for Accelerated Loading of Operating Systems and Application Programs
`Art Unit
`Examiner
`
`21 15
`
`SURYAWANSI-II, Suresh
`
`This is a request under the provisions of 37 CFR 1.136(3) to extend the period for filing a reply in the above-identified application.
`
`The requested extension and fee are as follows (check time period desired and enter the appropriate fee below):
`
`one month (37 CFR 1_17(a)(1))
`
`Two months (37 CFR 1,17(a)(2))
`
`Three months (37 cm 1.17(a)(3))
`Four months (37 CFR 1.17(a)(4))
`
`Five months (37 CFR 1.17(a)(5))
`
`1;
`
`$200
`
`$600
`
`51,400
`52,200
`
`$3,000
`
`Small Entiy Fee
`
`Micro Entiy Fee
`
`$100
`
`$300
`
`$700
`$1,100
`
`$1,500
`
`$50
`
`$150
`
`$350
`$550
`
`$750
`
`$
`
`$
`
`5 1:400-00
`$
`
`5
`
`Applicant asserts small entity status. See 37 CFR 1.27.
`
`Applicant certifies micro entity status. See 37 CFR 129.
`Form PTOISBlt 5A or B or equivalent must either be enclosed or have been submitted previously.
`A check in the amount of the fee is enclosed.
`
`Payment by credit card. Form PTO-2038 is attached.
`
`The Director has already been authorized to charge fees in this application to a Deposit Account.
`The Director is hereby authorized to charge any fees which may be required, or credit any overpayment, to
`
`Deposit Account Number
`Payment made via EFS-Web.
`
`19'O036
`
`lntonnation on this form may become public. Credit card information should not be included on this tonn. Provide
`WARNING:
`credit card information and authorization on PTO-2038.
`I am the
`
`D applicantfinventor.
`
`E] assignee of record of the entire interest. See 37 CFR 3.71. 37 CFR 3.73(b) statement is enclosed (Form PTOISB/96).
`attorney or agent of record. Registration number
`37,-575
`
`E] a
`
`n y or agent actin u
`
`Sign ture
`
`'
`
`r37 CFR 1.34. Registration number
`(Z?/L; 7, 1-9/3
`'.
`Date
`
`(202) 371-2600
`Michael V. Messinger
`Telephone Number
`Typed or printed name
`NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4 for signature requirements and certifications. Submit
`multiple forms if more than one sinature is re uired, see below‘.
`
`forms are submitted.
`one
`' Total of
`This collection of infomtation is required by 37 CFR 1.136(a). The information is required to obtain or retain a benefit by the public. which is to file (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 6 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 andlor suggestions tor reducing this burden should be sent to the Chlet lntormation Ofiicer,
`U.S. Patent and Trademark Oflice. U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS
`TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450, Alexandria, VA 2313-1450.
`Ifyou nerd assistance in mmpleting thefomi, call 1-8(1)-PTO-9199 and select option 2.
`
`1 707693
`
`614
`
`

`
`E TERMINAL DISCLAIMER TO OBVIATE A DOUBLE
`
`PATENTING REJECTION OVER "PRIOR" PATENTS
`
`"
`
`Similar to PTOISB/26 (08418)
`
`Docket Number (Optional)
`
`2855.00400QB
`
`In re Application of: FALLON et al.
`
`‘- ~Application No.: 13/118,122
`
`Filed: May 27, 2011
`
`For:
`
`SYSTEMS AND METHODS FOR ACCELERATED LOADING OF OPERATING SYSTEMS
`
`AND APPLICATION PROGRAMS
`
`The owner‘, Realtime Data LLC, of Ltfl percent interest in the instant application hereby disclaims, except
`as provided below, the terminal part of the statutory term of any patent granted on the instant application
`which would extend beyond the expiration date of the full statutory terms of prior patent Nos. 7 181 608
`8 090.936. and 8 112 619 as the terms of said prior patents are defined in 35 U.S.C. 154 and 173, and as
`the terms of said prior patents are presently shortened by any tenninal disclaimer. The owner hereby
`agrees that any patent so granted on the instant application shall be enforceable only for and during such
`period that it and the prior patents are commonly owned. This agreement runs with any patent granted on
`the instant application and is binding upon the grantee, its successors or assigns.
`
`In making the above disclaimer, the owner does not disclaim the terminal part of the term of any patent
`granted on the instant application that would extend to the expiration date of the full statutory tenns as
`defined in 35 U.S.C. 154 and 173 of the prior patents, "as the terms of said prior patents are presently
`shortened by any terminal disclaimer," in the event that said prior patents later:
`expire for failure to pay a maintenance fee;
`are held unenforceable;
`are found invalid by a court of competent jurisdiction;
`are statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321;
`have all claims canceled by a reexamination certificate;
`are reissued; or
`are in any manner tenninated prior to the expiration of their full statutory term as presently
`shortened by any terminal disclaimer.
`
`Check either box I or'2 below, if appropriate.
`1. [:I For submissions on behalf of a business/organization (e.g., corporation, partnership, university,
`government agency, etc.), the undersigned is empowered to act on behalf of the organization.
`I hereby declare that all statements made herein of my own knowledge are true and that all
`statements made on information and belief are believed to be true; and further that these statements were
`made with the knowledge that willful false statements and the like so made are punishable by fine or
`imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that such willful false
`statements may jeopardize the validity of the application or any patent issued thereon.
`
`2. IX The undersigne is an attorney or age to record. Reg.No.
`
`37575
`
`.
`
`.
`
`7
`
`Signature
`Michael V. Messin er
`Typed or printed name
`
`J14. 3 '54}
`
`"
`
`Date
`
`7
`
`' 2027772-866,7
`Telephone Number
`
`IE Terminal disclaimer fee under 37 CFR l.20(d) included.
`
`WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038.
`
`‘Statement under 37 CFR 3.73(b) is required if terminal disclaimer is signed by the assignee (owner).
`
`Fonn PTO/SB/96 may be used for making this certification. See MPEP § 324.
`
`615
`
`

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re application of:
`
`Confirmation No.: 8978
`
`FALLON, James J. et a1
`
`Art Unit: 2115
`
`Appl. No.: 13/ 1 18,122
`
`Filed: May 27, 2011
`
`Examiner: SURYAWANSHI, Suresh
`
`Atty. Docket: 2855.004000B
`
`For: Systems And Methods For
`Accelerated Loading 01' Operating
`Systems And Application Programs
`
`Submission Under 37 C.F.R. § 1.114(c) and
`Preliminary Amendment Under 37 C.F.R, § 1.115
`
`Mail Stop RCE
`
`Commissioner for Patents
`PO Box 1450
`
`Alexandria, VA 22313-1450
`
`Commissioner:
`
`Filed concurrently herewith in the captioned application is a Request
`
`for
`
`Continued Examination (RCE).
`
`Prior to examination of the RCE on the merits,
`
`Applicants respectfully request that this Application be further amended as directed
`
`herein. Applicants submit the following Remarks in reply to the Ofiice Action dated
`
`January 9, 2013 ("Final Action").
`
`It is not believed that extensions of time or fees for net addition of claims are.
`
`required beyond those that may otherwise be provided for in documents accompanying
`
`this paper. However,
`
`if additional extensions of time are necessary to prevent
`
`abandonment of this application, then such extensions of time are hereby petitioned
`
`under 37 C.F.R. § l.136(a), and any fees required therefor (including fees for net
`
`addition of claims) are hereby authorized to be charged to our Deposit Account No.
`
`19-0036.
`
`616
`
`

`
`- 2 -
`
`FALLON er al
`
`Appl. No. 13/118,122
`
`Amendments to the Claims
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application.
`
`1.
`
`(Currently Amended) A method for providing accelerated loading of an
`
`operating system in a computer system, comprising:
`
`maintaining a list of boot data used for booting [[a]] Q computer system,
`
`wherein at least a portion of boot data is associated with the list of boot data;
`
`preleading loading the at least a portion of boot data into a memory apes
`
`accessing the loaded at
`
`least a port