`
`- 2 _
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`FALLON et al.
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`App1.No. 13/118,122
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`1.,,,,,,,,,,,,,3999951191:.............................................
`11nter Parres Reexamination of U. S. Patent No
`:7 714, 747 (Control No 95/001,517)
`
`
`
`
`:
`etition to Expunge Third
`Party Requester's Improper
`Submission of Declarations
`and Strike Comments
`Directed to Examiner's
`Determination filed
`06/26/2013; Patent Owner's
`Comments in Response to
`Examiner’ 3 Determination
`
`1 E
`
`1
`
`filed 05/10/2013, Examiner's
`EDetermination Under 37
`z
`E C. F. R. § 41. 77(d) mailed
`%
`................................................................................................................................................1-961419429132....................WW:
`11rzler Par/es Reexamination of U S Patent No.
`Decision on Petition Under
`1
`37 417, 568 (Control No 95/001 533)
`.37 C F. R. § 1183 to Request
`1
`igExaminer Enter Evidence
`§mailed03/20/2013
`§Examiner3 Answer 15 Appeal‘
`2Br1ef‘ma1led03/14/2013
`
`“1anmmers Answer to Appeal
`:Brief mailed 10/01/2012
`
`«W...
`Inter Partes Reexaminanon of U. S. Patent No.
`:7 777 651 {Control No 95/001581:
`Inter Parles ReexaminationwofiwafiS Patent No
`
`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
`VVVVVVVVVVVVVVVVV
`W“
`11nter Par[es Reexamination of U S. Pater:tNo.
`7,321,937 (Control No 95/001,922)
`
`
`
`
`Patent Owner 5 Supplemental
`Response to Action Closing
`Prosecution filed 05/15/2013;
`Patent Owner‘s Response to
`Action Closing Prosecution
`
`Inter Partes Reexamination of US. Patent
`No. 6,604,158 (Control No. 95/001,923)
`
`‘W...
`1nrer PartésReexam1nat10n ofUS. Patent
`
`No. 7,352,300 (Control No. 95/001,924)
`
`Patent Owner‘s Supplemental
`Response to Office Action
`filed 04/29/2013
`W
`Patent Owners Response {6
`
`
`1
`
`1
`
`Action Closing Prosecution
`filed 05/09/2013; Action
`Closing Prosecution mailed
`04/09/2013
`méVPEPEE’REExaEHiHEHBH’6.1.11.1Silfiiféiifmm""""""""""'1 Patent Owner3 Supplemental\
`No. 7,395,345 (Control No. 95/001,925)
`: Response to Office Action
`‘
`filed 05/06/2013
`
`‘
`
`Atty. Dkt. No. 2855.004000B
`
`601
`
`601
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`

`

`Appl. No. 13/118,122
`,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
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`- 3 -
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`FALLON et al.
`
`Proceeding;
`
`fitter runes Reexamination of US. Patent
`No. 7,161,506 (Control No. 951901326)
`
`,
`
`
`Patent Owner' 3 Reply to
`Action Closing Prosecution
`filed 04/05/2013 Action
`Closing Prosecution mailed
`WWWWWWWW..9.Z/95/2013
`_..
`Inter Partes Reexamination of US. Patent
`l Right of Appeal Notice
`No. 7,415,530 (Control No. 95/001 ,927)
`mailed 05/31/2013; Action
`Closing Prosecution mailed
`(04/03/2013:iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii
`Patent Owner‘ s Reply to
`i
`Action Closirg Prosecution
`filed 04/05/2013; Action
`Closing Prosecution mailed
`03/05/2013
`
`3‘
`
`_
`Inter Partes Reexamination of US. Patent No.
`7,378,992 (Control No. 95/001,928)
`
`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/OS. For example, documents related to the
`
`reexaminations are listed at NPL61-NPL109.
`
`Notice of Related Litigation
`
`Applicants notify the Patent and Trademark Office of the following litigation
`
`involving US. Patents commonly—owned with the current patent application, the subject
`
`matter of which may be related to the present patent application:
`
`
`
`Atty. Dkt. No. 2855.004000B
`
`602
`
`602
`
`

`

`— 4 1
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`FALLON et al.
`
`Appl. NO. 13/118,122
`
`Applicants also notify the Patent and 'l‘rademark Offiee of the following
`
`additiona1 l11-1g11t1'on involving U 8 Patents co1r‘11rion1x—oymed with the current patent
`
`appileatioi‘u the sub} ect matter of which may be related to the present patent application;
`
`1
`
`
`V Case
`V
`
`
`33 Realtime Data LLC d/b/a LXO v Thomson Reuters
`1
`06 0f Appeal
`Corporation et a]. N6. 1:11——cv06698 RJH (SD. New ;Filed
`York) (transferred from ED. Texas; 6:09-CV-00333-
`DEPLWW
`
`I
`
`1
`
`1m
`
`3
`
`4
`
`
`
`[“7
`1
`l
`l
`
`8
`
`Q
`’
`10
`
`:
`‘
`
`Realtz'me Data LLC d/b/a LXO v. Morgan Stanley et al., NCtiCC 0fAppeal
`lNO. 1 11cv-06696-RJH (SD. New York) (transferred
`F116d
`
`from E.D__. Texas 6:Q__9_—CV—00326LED) W L
`Realtzme DataLLCa’/b/aLXD V CME Droup Inc et
`NOtiCG Of Appeal
`'
`al. No 1: 11CV06697RJH(S.D New York)
`gFlled
`(transferred from ED. Texas; No. 6:09-cv-00327-
`5
`LED)______________________________________________________________________________________________________________________________________________________________
`Chicago Board Options Exchange, Inc. v. Realtime
`5
`lDlsmissed
`WM“ LDataLLCa’LbLa LXQ, Np,_Q97cv-4486__(_N.l_)__.__1__1__1___)___ __
`=«1
`6
`Thomson Reuters Corporation v. RealtimeData, LLC" Consolidated With
`d/b/a LXO N6 109-c-V--O7868RMB (SDNY)
`ECase N0 2
`11262128512235};tic d/b/a pro v CME Group Inc at
`'caesium
`gal. (11) N6 610cv--246 (ED. Texas)
`;Case No 4
`.
`Realtzme Data LLCd/b/aLXD"v Thomson Reuters
`5Consolidated with ‘1'
`Corporation et a]. (H) No. 6:10—ov-247(ED. lexas)
`‘zCase NO- 2
`Realtzme DataLLC‘VVaVb/a LXD v. Morgan Stanley, et
`_Consolidated With
`gal (11) N6. 6.10cv-248 (ED. Texas)
`Case NO- 3
`rRealtz'me Data LLC d/b/aLXDv.Met10PCS Texas
`NOliCC oprpeal
`[LCM]N06100100493(EDTean)Flled
`
`Updated court docket listings downloaded July 8, 2013 for litigations previously
`
`disclosed and pending are submitted herewith as NPLl l9-NPL122.
`
`RealtimeData. LLC d/b/a LXO v. MetroPCS Texas LLCeta].
`
`Applicants submit herewith documents related to the above-listed litigation as
`
`documents NPL27-NPL41.
`
`Atty. Dkt. No. 2855.004000B
`
`603
`
`603
`
`

`

`— 5 -
`
`FALLON er a1.
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`Appl.N0.13/118,122
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`RealtimeDaIaLLCd/b/a/IXOVMonanS‘Ianleetal
`
`
`RealtzmeDataLLCd/b/a/LXOVThomsonReuIersConeta!
`
`Applicants submit herewith documents related to the above-listed litigations as
`
`documents US l -US3 and NPLl-NPL26 with confidential information redacted.
`
`Infgrmat1.9ItDis919surg§tatgm§at
`
`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 CPR. §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
`
`604
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`

`

`— 6 —
`
`FALLON er a1.
`
`Appl. No. 13/118,122
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`Filing under 37 CPR. § 1.97(b). This Information Disclosure Statement is being
`
`filed before the mailing of a first Office Action and after the filing of a request for
`
`continued examination under 37 C.F,R. § 1.114. No statement or fee is required.
`
`Documents USl—USS are cited on the attached form PTO/SB/08A. Documents
`
`NPLl—NPL122 are cited on the attached form PTO/SB/OSB. Copies of documents
`
`NPLl-NPLIS and NPLl7-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. § l.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 following 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 US. Application No. 13/154,239.
`
`Document NPL44 is a copy of a Notice of Allowance mailed on July 12, 2012 in
`
`the prosecution ot‘co-pending, commonly-assigned US Application No. 12/ 857,23 8.
`
`Document NPL45 is a copy of a Notice of Allowance mailed on July 16, 2012 in
`
`the prosecution of co-pending, commonly-assigned US. Application No. 12/703,042.
`
`Atty. Dkt. No. 2855,004000B
`
`605
`
`605
`
`

`

`- 7 —
`
`FALLON er a].
`
`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-pcnding, commonly-assigned US. Application No.
`
`13/482,800.
`
`E’Documeni NPM'F is a copy of a Notice of Allowance mailed or: November 6,
`
`2012 in the prosecution of co—pending, commonly—assigned US. Application No.
`
`11/553,427.
`
`Document NPL48 is a copy of a Notice of Allowance mailed on November 15,
`
`2012 he the prosecution of co—pending, commonly-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 US. Application No.
`
`12/857,238.
`
`Document NPL50 is a copy of a Final Officc Action mailcd on Dcccmber 4, 2012
`
`in the prosecution of co—pending, commonly-assigned US. Application No. 09/969,987.
`
`Document NPLSl is a copy of a Final Office Action mailed on December 13,
`
`2012 in thc prosecution of co-pcnding, commonly-assigned US. Application No.
`
`13/101,994.
`
`Document NPLSZ is a copy of a Supplemental Notice of Allowability mailed
`
`December 18, 2012 in the prosecution of co-pending, commonly-assigned US.
`
`Application No. 12/703,042.
`
`Atty. Dkt. No. 2855,004000B
`
`606
`
`606
`
`

`

`-- 8 ,
`
`FALLON er a].
`
`App1.N0. 13/118,122
`
`Document NPL53 is a copy of a Notice of Allowance mailed December 28, 2012
`
`in the prosecution of co—pending, 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.
`
`11/553,419.
`
`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.
`
`Document 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 the prosecution of co-pending, commonly-assigned U.S. Application No. 13/154,239.
`
`Document NPL59 is a copy of a Notice of Allowance mailed on May 14, 2013 in
`
`the prosecution of co—pending, comnaonly~assigned U.S. Application No. 1 1/553,427.
`
`Document NPL60 is a copy of a supplemental Notice of Allowance mailed on
`
`May 15, 2013 in the prosecution of co-pending, commonly-assigned U.S. Application
`
`No. 11/553,427.
`
`Atty. Dkt. No. 2855.004000B
`
`607
`
`607
`
`

`

`- 9 -
`
`FALLON et al.
`
`Appl. No. 13/118,122
`
`Document NPL110 is a copy of a Notice of Allowance mailed on June 17, 2013
`
`in the prosecution of co—pending, commonly-assigned US Application No. 12/857,238.
`
`Document NPL111 is a copy of a supplemental Notice of Allowance mailed on
`
`June 18, 2013 in the prosecution of (to—pending, common}y»assigned US. Application
`
`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 US 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 US. Patent No.
`
`7,181,608), and 11/551,211, filed October 19, 2006 (now US. 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
`
`608
`
`

`

`- 10 -
`
`FALLON et al.
`
`Appl.No.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—003 6.
`
`Respectfully submitted,
`
`STER’NE KBSSLER, GopperiN & Fox P.L.L.C.
`\\\\\\\\\
`
`
`
`Michael V. Messiriger
`Attorney for Applicants
`
`Registration No. 37 ,575
`
`1100 New York Avenue, NW.
`
`Washington, DC. 20005—3934
`(202) 371-2600
`
`1703321} DOCX
`
`Atty. Dkt. No. 2855.004000B
`
`609
`
`609
`
`

`

`
`A
`
`>
`
`PTO/SB/3O (0709)
`Approved for use through 07/31/2012. OMB 0651—0031
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Palserwsrk Reduction Act of 15395 no sews‘a‘r‘e rexuireg tn r'gsngtnd t. a collection of information unless it v"
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`.: valid MB
`ntr l number.
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`
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`M‘IICaWI3/118122
`Request
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`i
`for
`‘ F'l'
`D t
`.
`.
`..
`I ”123
`a e
`~~
`Continued Examination (RCE) W“
`Transmittal
`...E1EW..
`
`.......................................................
`
`
`i
`
`
`
`
`.
`i
`‘
`
`
`
`
`
`Address to:
`Mail Stop RCE
`Commissioner for Patents
`P.O. BOX 1450
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`w .v
`..
`SURYAWANSHL Suresh
`Examiner Name
`Ht ..............................................................m"...
`
`Attorney Docket Number 32855004070703
`9""
`
`
`
`
`This is a Request for Continued Examination (RCE) under 37 CFR 1.114 of he above-identified application. N
`N 7
`7 7'
`
`Request for Continued Examination (RCE) practice under 37 CFR 1.114 does not apply to any utility or plant application filed prior to June 8,
`\u\m\‘\x\“\«\\\1\\\\\
`1995. or to any design application. See Instruction Sheet for RCEs (not to be submitted to the USPTO) on page 2.
`
`
`
`
`i.
`reduired i;_i_‘_l_t_‘._i_
`“m“
`ly filer mentored amendments and
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`.the Rs
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`.. thy
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`"it instructs otherwise. it
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`applicant does not Wish to have any previousif
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`a E Previously submitted. It a final Office action is outstanding, any amendments filed after the final Office action may be
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`iii.
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`Information Disclosure Statement (IDS)
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`Other BEQQQREOF Extension of Time
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`Terminal Disclaimer
`2. Miscellaneous
`Suspension of action on the above-identified application is requested under 37 CFR 1.103(0) for a
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`months. (Period of suspension shall not exceed 3 months; Fee under 37 CFR 1.17(i) required)
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`Other “_M
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`Fees
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`The RCE fee under 37 CFR 1.17(e) is required by 37 CFR 1.114 when the RCE is filed.
`The Director is hereby authorized to charge the following fees, any underpayment of fees, or credit any overpayments, to
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`OtherIsmael.Qisglamstfissmwmw......................,.,......................................................................
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`PTO/sane(07439) W
`
` Continued Examination (RCE)
`
`
`
`Transmittal
`First Named Inventor
`James J. FALLON
`Address to:
`.
`21
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`
`
`Mail Stop RCE
`Art UnIt
`15
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`
`
`Commissioner for Patents
`SURYAWANSHI, Suresh
`PO. Box 1450
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`Alexandria. VA 22313-1450
` Attorney Docket Number 2355.004000B
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`This is a Request for Continued Examination (RCE) under 37 CFR 1.114 of the above-identified application.
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`1995. or to any design application. See instruction Sheet for RCEs (not to be submitted to the USPTO) on page 2.
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`Regis‘ra‘m" N°-
`ichael V. Messineer
`CERTIFICATE OF MAILING OR TRANSMISSION
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`37 S75
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`611
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`611
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`H i,
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`(202) 772-8667
`MIKEM@SKGF.COM
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`MICHAEL V. Massmc ER DIRECTOR
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`July 9, 2013
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`@Steme Kessler
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`8 Id I
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`U
`S 8|"
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`ATTORNEYS AT LAW
`
`Commissioner for Patents
`PO Box 1450
`
`Alexandria, VA 22313-1450
`
`Confirmation N0. 89 78
`Art Unit 2115
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`Attn: Mail Stop RCE
`
`Re:
`
`US. 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 a].
`Our Ref:
`2855.004000B
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`Commissioner:
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`Transmitted herewith for appropriate action are the following documents:
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`1. Online Credit Card Payment Authorization in the amount of $12é00.00 to cover:
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`$ 420.00 Independent Excess Claim Fee;
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`2. Petition for Extension of Time Under 37 C.F.R. § 1.136(a) Form (PTO/SB/22);
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`3. Request for Continued Examination (RCE) under 37 C.F.R. § 1.114(c);
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`4. Terminal Disclaimer To Obviate A Double Patenting Rejection Over "Prior" Patents;
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`5. Submission Under 37 C.F.R. § 1.114(c) and Preliminary Amendment Under 37
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`6. Third Supplemental Information Disclosure Statement;
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`9. Electronic copies of cited documents (NPLl-NPLlS and NPLl7-NPL122);
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`10. CD-Rom with cited document NPL16 (submitted via hand-carry); and
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`Stems. KESSIEF. Goldstein & Fox nae. : 1100 New Ycrk Amine. NW : Washington, DQ120005 .' t 202.371.2605 f262.3?3.2540
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`S K G F . C O M
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`612
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`612
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`

`Commissioner for Patents
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`July 9, 2013
`Page 2
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`11. Return Postcard (submitted via hand-carry).
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`In the event that extensions of time are necessary to prevent abandonment of this patent
`application, then such extensions of time are hereby petitioned.
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`to our Deposit Account No. 19-0036.
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`Respectfully submitted,
`LER GOLDS 1/
`Fox P.L.L.C. Mic ‘ael V. Messinger
`I), f
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`Attorney for Applicants
`Registration No. 37,575
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`MVM/S-B/srb
`Enclosures
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`l7042l9_l.DOCX
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`Sterne, KESSEer, Galdstein 8: FoxHLL : 1300 New Yak Avenue, NW : Washingien; DC 20005 : I 202.371.2600 13023712540
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`5 K G F A C 0 M
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`613
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`613
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`PTO/58m (03-13)
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`Approved for use through 3/31/2013. OMB 0651-0031
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
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`Applicant asserts small entity status. See 37 CFR 1.27.
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`Applicant certifies micro entity status. See 37 CFR 129.
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`Form PTO/SBlt 5A or B or equivalent must either be enclosed or have been submitted previously.
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`The Director is hereby authorized to charge any fees which may be required, or credit any overpayment, to
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`WARNING:
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`credit card information and authorization on PTO-2038.
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`I am the
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`
`
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`
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`
`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
`
`SURYAWANSHI, 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.
`
`$
`
`SUEDE]
`
`EDEDDD
`
`D applicantfinventor.
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`
`
`E] assignee of record of the entire interest. See 37 CFR 3.71. 37 CFR 3.73(b) statement is enclosed (Form PTO/SB/QS).
`attorney or agent of record. Registration number
`377:575
`r 37 CFR 1.34. Registration number
`[la n y or agent actin u
`
`(la/l», 9) ”/3
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`'.
`Date
`Sign lure
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`(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 si-nature is re uired, see below‘.
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`one
`forms are submitted.
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`This collection of infomiation 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 at time you require to complete this form and/or suggestions for reducing this burden should be sent to the Chief information Ofi‘tcer,
`U.S. Patent and Trademark Office. US. Department of Commerce, P.O. Box 1450. Alexandria, VA 22313-1450. DO NOT SEND FEES 0R COMPLETED FORMS
`TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450, Alexandria, VA 2313-1450.
`Ifyou nerd assistance in completing theforrn. call l-Bw-PTO-SHS and select option 2.
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`1 707693
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`614
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`
`614
`
`

`

`E TERMINAL DISCLAIMER TO OBVIATE A DOUBLE
`
`PATENTING REJECTION OVER "PRIOR" PATENTS
`
`"
`
`Similar to PTO/3306 (08—08)
`
`Docket Number (Optional)
`
`2855.004OOQB
`
`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 1% 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 terminal 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 terms 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 terminated prior to the expiration of their full statutory term as presently
`shortened by any terminal disclaimer.
`
`Check either box 1 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
`
`.
`
`521-4- 8 W3,
`
`"
`
`Date
`
`Signature
`Michael V. Messin er
`Typed or printed name
`
`
`
`,
`
`'(202'): 772-8667
`Telephone Number
`
`12 Terminal disclaimer fee under 37 CFR 1.20(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).
`
`Form PTO/SB/96 may be used for making this certification. See MPEP § 324.
`
`615
`
`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.: 13/118,122
`
`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 r