`
`
`
`IVNITED STATES DEPARTMENT OF COMIWERCE
`United States Patent and Trademark 0Ffiee
`Adbllcbbl COIVHVHS S IONER FOR PATENTS
`P O. Box 1450
`Ale)\;|I.IdIi:L ViIgi1uLt 223 13—145U
`W\~w.ubplo.gu\'
`
`11/467,092
`
`08/24/2006
`
`Michael T215161‘
`
`0256,0002.1\'PUS0l
`
`3038
`
`The Meola Firm, PLLC
`2500 Westchester Avenue, Suite 210
`Purchase, NY 10577
`
`I—EE=CH1—N KUAN
`
`ART UNIT
`2181
`
`MAIL DATE
`
`09/28/2015
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`1’Al’1:LR
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`001
`
`Apple 1002 (Part 1 of 2)
`U.S. Pat. 9,189,437
`
`001
`
`Apple 1002 (Part 1 of 2)
`U.S. Pat. 9,189,437
`
`
`
`Corrected
`Notice of Allowability
`
`Application No.
`11/467,092
`
`Lee
`
`AppIicant(s)
`TASLER, MICHAEL
`’F‘i',‘;)‘§‘t;,s,‘.,'S”"'*"t°"°
`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 app ication.
`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.
`
`IXI This communication is responsive to 06/01/2015.
`
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. I: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. IX The allowed cIaim(s) is/are 239 and 333-376 (renumbered as claims 1-45). As a result of the allowed c|aim(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 see fit‘:
`:/'/ww'w.us"fo.(1ov/ ‘aterts./lnit events/' h/'lndax.'s' or send an inquiry to
`PPHfeedback@ usgtoxgcv .
`
`4. E Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119( )—(d) or (f).
`Certified copies:
`
`a)
`
`*c) [I None of the:
`b) El Some
`All
`1. E Certified copies of the priority documents have been received.
`2. El Certified copies of the priority documents have been received in Application No. j
`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. I:I CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`
`I:I
`
`including changes required by the attached Examiners 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 (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.1 21 (d).
`
`6. I:I 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. I:I Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`3. El Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. El Interview Summary (PTO-413),
`Paper No./Mail Date
`/Chun—Kuan Lee/
`
`Primary Examiner, Art Unit 2181
`
`5. IX Examiner‘s AmendmenUComment
`6. IX! Examiner's Statement of Reasons for Allowance
`
`7. El Other
`
`.
`
`US. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20150925
`
`002
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`DETAILED ACTION
`
`I. EXAMINER’S AMENDMENTS
`
`OPTIONS AVAILABLE TO THE APPLICANT
`
`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 THE CORRECTIONS BY THE EXAMINER
`
`Authorization for this examiner’s amendment was given in a telephone interview
`
`with Anthony L. Meola, having Reg. No. 44,936, on 08/03/2015 and 09/24/2015.
`
`Accordingly, since a complete record of the interview has been incorporated in the
`
`instant examiner’s amendment, no separate interview summary form is included in the
`
`instant office letter MPEP § 713.04.
`
`CORRECTIONS MADE IN THE APPLICATION
`
`The application has been amended as following:
`
`IN THE CLAIMS:
`
`The below described amendments to the claims are necessary to further clarify
`
`the claimed invention.
`
`003
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`As per claim 239, claim 239 is amended as following:
`
`“An analog data generating and processing device (ADGPD), comprising:
`
`an input/output (i/o) port;
`
`a program memory;
`
`a data storage memory;
`
`a processor operatively interfaced with the i/o port, the program memory and the
`
`dei storage memory;
`
`wherein the processor is adapted to implement a data generation process by
`
`which analog data is acquired from each respective analog acquisition channel of a
`
`plurality of independent analog acquisition channels, the analog data from each
`
`respective channel is digitized, coupled into the processor, and is processed by the
`
`processor, and the processed and digitized analog data is stored in the data storage
`
`memory as at least one file of digitized analog data;
`
`wherein the processor also is adapted to be involved in an automatic recognition
`
`process of a host computer in which, when the i/o port is operatively interfaced with a
`
`multi—purpose interface of the host computer, the processor executes at least one
`
`instruction set stored in the program memory and thereby causes at least one
`
`parameter identifying the analog data generating and processing device, independent of
`
`analog data source, as a digital storage device instead of as an analog data generating
`
`and processing device to be automatically sent through the i/o port and to the multi-
`
`purpose interface of the computer (a) without requiring any end user to load any
`
`004
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`software onto the computer at any time and (b) without requiring any end user to
`
`interact with the computer to set up a file system in the ADGPD at any time, wherein the
`
`at least one parameter is consistent with the ADGPD being responsive to commands
`
`issued from a customary device driver;
`
`wherein the at least one parameter provides information to the computer about
`
`file transfer characteristics of the ADGPD; and
`
`wherein the processor is further adapted to be involved in an automatic file
`
`transfer process in which, when the i/o port is operatively interfaced with the multi-
`
`purpose interface of the computer, and after the at least one parameter has been sent
`
`from the i/o port to the mu|ti—purpose interface of the computer, the processor executes
`
`at least one other instruction set stored in the program memory to thereby cause the at
`
`least one file of digitized analog data acquired from at least one of the plurality of analog
`
`acquisition channels to be transferred to the computer using the customary device
`
`driver for the digital storage device while causing the analog data generating and
`
`processing device to appear to the computer as if it were the digital storage device
`
`without requiring any user—loaded file transfer enabling software to be loaded on or
`
`installed in the computer at any time.”
`
`As per claim 369, claim 369 is amended as following:
`
`“The analog data generating and processing device of claim 239 further
`
`comprising an input connector having at least one BNC input coupled to the processor
`
`005
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 5
`
`through a respective independently programmable amplifier, a multiplexer, and an
`
`analog to digital converter.”
`
`As per claim 370, claim 370 is amended as following:
`
`“An analog data generating and processing device (ADGPD) for acquiring analog
`
`data and for communicating with a host computer comprising:
`
`a program, memory;
`
`a data storage memory;
`
`a digital processor configured to interface to a multi-purpose interface of the host
`
`computer, the program memory, and the data storage memory;
`
`an analog to digital converter operatively coupled to the digital processor and
`
`configured to acquire analog data from each respective analog acquisition channel of a
`
`plurality of analog acquisition channels, the analog to digital converter configured to
`
`convert the acquired analog data to digitized acquired analog data and to couple the
`
`digitized acquired analog data from the plurality of analog acquisition channels into the
`
`digital processor for processing by the digital processor;
`
`the digital processor configured to automatically generate and transmit to the
`
`host computer via the multipurpose interface an identification parameter which identifies
`
`the analog data generating and processing device to the host computer as a digital
`
`storage device but which is different than an analog data generating and processing
`
`device and independent of analog data source, and the processor communicating with
`
`the host computer through the multi-purpose interface as if the analog data generating
`
`006
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 6
`
`and processing device were the digital storage device including transferring the digitized
`
`acquired analog data acquired from at least one of the analog acquisition channels;
`
`wherein the identification parameter is consistent with the ADGPD being responsive to
`
`commands issued from a customary device driver, using the customary device driver
`
`present for a digital storage device in the host computer without requiring the user to
`
`load the customary device driver; and
`
`wherein the digital processor is configured to transmit to the host computer active
`
`commands through the multipurpose interface to access a system bus of the host
`
`computer to enable communication directly with other devices of the host computer
`
`while bypassing the host computer processor without requiring the user to load enabling
`
`software.”
`
`As per claim 372, claim 372 is amended as following:
`
`“An analog data generating and processing device (ADGPD) for acquiring analog
`
`data and for communicating with a host computer which includes a manufacturer
`
`installed BIOS comprising:
`
`a program memory;
`
`a data storage memory;
`
`a digital processor configured to interface to a multi-purpose interface of the host
`
`computer, the program memory, and the data storage memory;
`
`an analog to digital converter operatively coupled to the digital processor and
`
`configured to simultaneously acquire analog data from each respective analog source of
`
`a plurality of analog sources on a respective one of a plurality of independent analog
`
`007
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 7
`
`acquisition channels, the analog to digital converter configured to convert the acquired
`
`analog data to digitized acquired analog data and to couple the digitized acquired
`
`analog data into the digital processor for processing by the digital processor;
`
`the digital processor configured to automatically generate and transmit to the
`
`host computer via the multipurpose interface an identification parameter which identifies
`
`the analog data generating and processing device to the host computer as a digital
`
`mass storage device but which is different than an analog data generating and
`
`processing device and independent of the analog sources, and the processor
`
`communicating with the host computer through the multi-purpose interface as if the
`
`analog data generating and processing device were the digital mass storage device
`
`including transferring the digitized analog data acquired from at least one of the analog
`
`sources, wherein the identification parameter is consistent with the ADGPD being
`
`responsive to commands issued from a customary device driver, using the customary
`
`device driver present in the BIOS of the host computer for the digital mass storage
`
`device in the host computer without requiring the user to load the customary device
`
`driver.”
`
`As per claim 374, claim 374 is amended as following:
`
`“An analog data generating and processing method for acquiring analog data and
`
`for communicating with a host computer comprising:
`
`operatively interfacing an analog data device including a digital processor, a
`
`program memory and a data storage memory, to a multi-purpose interface of the host
`
`computer;
`
`008
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`Page 8
`
`acquiring analog data on each respective analog acquisition channel of a plurality
`
`of independent analog acquisition channels, converting the acquired analog data to
`
`digitized acquired analog data, and coupling the digitized acquired analog data into the
`
`digital processor for processing by the digital processor;
`
`automatically generating and transmitting to the host computer via the
`
`multipurpose interface an identification parameter which identifies the analog data
`
`generating and processing device to the host computer as a digital storage device but
`
`which is different than an analog data device, and independent of analog data source,
`
`and the analog data generating and processing device communicating with the host
`
`computer through the multi—purpose interface as if the analog data generating and
`
`processing device were the digital storage device including transferring the digitized
`
`acquired analog data acquired from at least one of the analog acquisition channels,
`
`wherein the identification parameter is consistent with the ADGPD being responsive to
`
`commands issued from a customary device driver, using the customary device driver
`
`present for the customary digital storage device in the host computer without requiring
`
`the user to load the device driver."
`
`II. ALLOWABLE SUBJECT MATTER
`
`Claims 239 and 333-376 (renumbered as claims 1-45) are allowed.
`
`The following is an Examiner’s Statement of Reasons for Allowance, See
`
`MPEP 1302.14:
`
`009
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`The primary reason for the allowance of the independent claims 239, 370, 372
`
`and 374 (renumbered as claims 1, 39, 41 and 43) is the inclusion of the inventive
`
`concept for sending at least one parameter that is consistent with the portable
`
`peripheral device being responsive to commands issued from a customary driver for the
`
`file transferring of digitally converted analog data in combination with other recited
`
`claimed elements, which is not found in the prior art of record. Because claims 333-
`
`369, 371, 373, and 375-376 (renumbered as claims 2-38, 40, 42 and 44-45) depend
`
`directly or indirectly on claims independent claims 239, 370, 372 and 374 (renumbered
`
`as claims 1, 39, 41 and 43), these claims are considered allowable for at least the same
`
`reasons noted above.
`
`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.”
`
`010
`
`
`
`Application/Control Number: 11/467,092
`Art Unit: 2181
`
`CONCLUSION
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Chun-Kuan (Mike) Lee whose telephone number is
`
`(571) 272-0671. The examiner can normally be reached on 8AM to 5PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, ldriss Alrobaye can be reached on (571) 270-1023. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`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.
`
`/Chun-Kuan Lee/
`
`Primary Examiner
`Art Unit 2181
`
`September 25, 2015
`
`011
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTNIENT OF CO3/HVIERCE
`United States Patent and Trademark Office
`Addiess: CO1‘/INIISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria. Virginia 22313—1430
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`_
`
`_
`
`The Meola Firm. PLLC
`2500 Westchester Avenue, Suite 210
`Purchase, NY 10577
`
`EXAIVIINER
`
`LEE, CHUN KTEAN
`
`2181
`
`DATE MAILED: 09/17/2015
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAIVIED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`0256.0002.NPL'S01
`Michael Tasler
`08/24/2006
`11/467,092
`TITLE OF INVENTION: ANALOG DATA GENERATING AND PROCESSING DEVICE FOR USE WITH A PERSONAL COMPUTER
`
`3038
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSI IE FEE DUE
`
`PUBLIC ATION FEE DUE
`
`PREV. PAID ISSITE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`DATE DUE
`
`12/17/2015
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOVVED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON TIIE MERITS IS CLOSED. TIIIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGIITS.
`THIS APPLICATION IS SUBJECT TO WITHDRAVVAL 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 II.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 FORIVI
`VVILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shown 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 iindiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`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 coiniiiuiiications regarding this application must give the application number. Please direct all coiiniiiiiiicatioiis 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
`
`012
`
`
`
`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 CORRESPONDENCE ADDRESS (Note: Use Block U01 any 0116113: of adtllcbst
`
`LC _
`7590
`_
`“)9”
`T116 M60121 F11"II1, PLLC
`~
`Wcstchcstcr Avenue’ Slum 210
`Purchase, NY 10577
`
`_
`7
`O9/17/“Ob
`
`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
`'1
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`
`Certificate of Mailing or 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) 273-2885, on the date indicated below.
`
`0Z56.0002.NPCS01
`Michael Tasler
`08/24/2006
`11/467.092
`TITLE OF INVENTION: ANALOG DATA GENERATING AND PROCESSING DEVICE FOR USE WITH A PERSONAL COMPUTER
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PA ) ISSI, E FEE
`
`TOTAL FEE(_'S) DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`DATE DUE
`
`12/17/2015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`LEE, CHUN KUAN
`
`2181
`
`710—022000
`
`2. For printing on the patent front page, list
`1. Change of correspondence address or indication of "Fee Address" (37
`(1) The names of up to 3 registered patent attorneys
`CFR L363)‘
`or agents OR, alternatively,
`3 Change of correspondence address (or Change of Correspondence
`(2) The name of a single firm (having as a member a
`Addrcss ("rm PTO/SB/122) attached‘
`registered attorney 01' 339111) 31111 1119 11311155 0f11l—1 E0
`3 "Fee Address" indication (or "Fee Address" Indication form
`Zrcgistcred patent attorneys or agents. If no name is
`>TO/SB/47; Rev 03-02 or more i-ecem) attached. Use of a Customer
`listed, no name will be pI‘1I1t€Cl.
`Number is required,
`3. ASSlGNE,:' 1\ikV1E AND RESIDENCE DATA TO BE PRINTED ON 1'1-IE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`’LEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAM,:' OP ASSIGNEE
`(B) RESIDENCE: (CITY and S 1'A1'E OR COUN 1'RY)
`
`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)
`:1 A check is enclosed.
`:l Payment by credit card. Form PTO—2038 is attached.
`jThe 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)
`:1 Applicant certifying micro entity status. See 37 CFR 1.29
`
`:1 Applicant asserting small entity status. See 37 CFR 1.27
`
`:1 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), 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 micro 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
`entity status, as applicable.
`
`NOTE: This form must be signed in accordance with 37 CFR 131 and 1.33. See 37 CFR 1.4 for signature reguirements and certifications.
`
`Authorized Signaturc
`
`Typed or printed name
`
`Datc
`
`Registration No.
`
`Page 2 of 3
`
`PTOL—85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB 0651-0033
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`013
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTNIENT OF CO3/HVIERCE
`United States Patent and Trademark Office
`Addiess: CO1‘/INIISSIONER 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.
`
`11/467,092
`
`08/24/2006
`
`Michael Tasler
`
`0256.0002.NPL' S01
`
`3038
`
`_
`
`_
`
`The Meola Firm. PLLC
`2500 Westchester Avenue, Suite 210
`Purchase, NY 10577
`
`EXAIVIINER
`
`LEE, CHUN KTEAN
`
`2181
`
`DATE MAILED: 09/17/2015
`
`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
`l54(b)(3)(B)(i)
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C.
`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 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`014
`
`
`
`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 and
`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 and expiration
`date for the agency to display on the instrument that will be used to collect the information and (ii) requires the
`agency to inform the public about the OMB Control Number’s legal significance i11 accordance with 5 CFR
`l320.5(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 file (and by the USPTO 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 mi11utes 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 lnformation Officer, U.S. Patent and
`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
`1450, Alexandria, Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to
`respond to a collection of information unless it displays a valid OMB control number.
`
`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 pate11t application or patent. lf you do not furnish the requested information, the U.S. Pate11t 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
`lnfor1natio11 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, iii the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`. 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
`from the Member with respect to the subject matter of the record.
`. 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 in order to perform a contract. Recipients of information shall be required to
`comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`. A record related to a11 lnternational Application filed under the Pate11t Cooperation Treaty i11 this system of
`records may be disclosed, as a routine use, to the International Bureau of the World I11tellectual 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 and programs, u11der authority
`of 44 U.S.C. 2904 and 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
`record may be disclosed, subject to the limitations of 37 CPR 1.14, as a routine use, to the public if the
`record was filed in an application which became abandoned or in which the proceedings were terminated
`and which application is referenced