throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Atty. Docket: KAESELERC
`
`\_/\_/\_/\_/\_/\_/\_/\_/\_/
`
`Conf. No.: 1040
`
`Art Unit:
`
`Examiner: N/A
`
`Washington, D.C.
`
`September 17, 2015
`
`In re Application of:
`
`Werner KAESELER
`
`U.S. Appln. No.: 14/848,782
`
`Filed: September 9, 2015
`
`For: SPOT WELDING CAP CHANGER
`
`U.S. Patent and Trademark Office
`
`Customer Service Window
`
`Randolph Building, Mail Stop Amendment
`401 Dulany Street
`Alexandria, VA 22314
`
`PRELIMINARY AMENDMENT
`
`Sir:
`
`Prior to examination on the merits, and prior to calculation of the filing
`
`fee, kindly amend as follows:
`
`Amendments to the Claims are reflected in the listing of claims which
`
`begins on page 2 of this paper.
`
`Remarks begin on page 9 of this paper.
`
`Ex. C&D 1008, page 1
`
`Ex. C&D 1008, page 1
`
`

`
`In re of: Werner KAESELER
`Preliminary Amendment
`Page 2 of 9
`
`Atty. Dkt. KAESELER2C
`Appln. No. 14/848,782
`Filed September 17, 2015
`
`AMENDMENTS TO THE CLAIMS:
`
`This listing of claims will replace all prior versions, and listings, of claims
`
`in the application.
`
`1- 16 (Cancelled)
`
`17.
`
`(New) A cap magazine for spot welding caps, the cap magazine
`
`comprising:
`
`a cap carrier having a plurality of holes sized and shaped to receive a
`
`plurality of spot welding caps in a circular arrangement; and
`
`a spring for driving the cap carrier, the spring providing an advancing
`
`force to advance the caps one by one so that one of the caps moves to an access position,
`
`the access position allowing one of the spot welding caps to be attached axially to a shaft
`
`of a pincer spot welding head and to be extracted from the cap carrier, and when the cap
`
`in the access position is extracted from the cap carrier, the spring advances another one of
`
`the caps into the access position.
`
`18.
`
`(New) The cap magazine of claim 17 further comprising a
`
`magazine cover positioned over the cap carrier.
`
`19.
`
`(New) The cap magazine of claim 18, wherein the magazine cover
`
`includes an access opening at the access position.
`
`20.
`
`(New) The cap magazine of claim 18, wherein the cap carrier
`
`rotates relative to the magazine cover.
`
`21.
`
`(New) The cap magazine of claim 18, wherein the magazine cover
`
`has a diameter that is greater than a diameter of the cap carrier such that the magazine
`
`cover extends beyond the cap carrier.
`
`2 of 9
`
`Ex. C&D 1008, page 2
`
`Ex. C&D 1008, page 2
`
`

`
`In re of: Werner KAESELER
`Preliminary Amendment
`Page 3 of 9
`
`Atty. Dkt. KAESELER2C
`Appln. No. 14/848,782
`Filed September 17, 2015
`
`22.
`
`(New) The cap magazine of claim 18, wherein the magazine cover
`
`has a stiffening cover rim.
`
`23.
`
`(New) The cap magazine of claim 17, wherein the cap carrier has
`
`an exterior surface that is at least partially exposed.
`
`24.
`
`(New) The cap magazine of claim 17, wherein when one of the
`
`spot welding caps is in one of the plurality of holes, the spot welding cap protrudes
`
`beyond an upper surface of the cap carrier.
`
`25.
`
`(New) The cap magazine of claim 17, wherein the cap carrier has
`
`a surface opposite the plurality of holes that is exposed at the access position.
`
`26.
`
`(New) The cap magazine of claim 17, wherein the cap carrier has
`
`an odd number of holes.
`
`27.
`
`(New) The cap magazine of claim 17, wherein the plurality of
`
`holes are non—uniformly spaced around the cap carrier.
`
`28.
`
`(New) The cap magazine of claim 17, wherein the plurality of
`
`holes are spaced around the cap carrier with an increased spacing between two of the
`
`plurality of holes.
`
`29.
`
`(New) The cap magazine of claim 17 wherein the spring is a
`
`spindle or spiral spring.
`
`30.
`
`(New) The cap magazine of claim 17, wherein the spring is
`
`arranged centrally in the cap carrier and the plurality of holes are positioned around the
`
`spring.
`
`3 of 9
`
`Ex. C&D 1008, page 3
`
`Ex. C&D 1008, page 3
`
`

`
`In re of: Werner KAESELER
`Preliminary Amendment
`Page 4 of 9
`
`Atty. Dkt. KAESELER2C
`Appln. No. 14/848,782
`Filed September 17, 2015
`
`31.
`
`(New) The cap magazine of claim 18 further comprising a stop for
`
`successively retaining each cap in the access position, wherein the stop is below an upper
`
`surface of the magazine cover.
`
`32.
`
`(New) The cap magazine of claim 17, further comprising a spring
`
`box that includes the spring, one end of the spring being fixed at the spring box and the
`
`other end is fixed to the cap carrier.
`
`33.
`
`(New) A spot welding cap changer comprising:
`
`a cap extractor having a gripper which in response to an extraction
`
`movement detaches a spot welding cap of a pincer spot welding head inserted into the
`
`gripper from a shaft of the pincer spot welding head; and
`
`a cap magazine comprising a cap carrier having a plurality of holes sized
`
`and shaped to receive a plurality of spot welding caps in a circular arrangement, and a
`
`spring for driving the cap carrier, the spring providing an advancing force to advance the
`
`caps one by one so that one of the caps moves to an access position, the access position
`
`allowing one of the spot welding caps to be attached axially to a shaft of a pincer spot
`
`welding head and to be extracted from the cap carrier, and when the cap in the access
`
`position is extracted from the cap carrier, the spring advances another one of the caps into
`
`the access position.
`
`34.
`
`(New) The spot welding cap changer of claim 33, wherein the cap
`
`magazine further comprises a magazine cover positioned over the cap carrier.
`
`35.
`
`(New) The spot welding cap changer of claim 34, wherein the
`
`magazine cover includes an access opening at the access position.
`
`4 of 9
`
`Ex. C&D 1008, page 4
`
`Ex. C&D 1008, page 4
`
`

`
`In re of: Werner KAESELER
`Preliminary Amendment
`Page 5 of 9
`
`Atty. Dkt. KAESELER2C
`Appln. No. 14/848,782
`Filed September 17, 2015
`
`36.
`
`(New) The spot welding cap changer of claim 34, wherein the cap
`
`carrier rotates relative to the magazine cover.
`
`37.
`
`(New) The spot welding cap changer of claim 34, wherein the
`
`magazine cover has a diameter that is greater than a diameter of the cap carrier such that
`
`the magazine cover extends beyond the cap carrier.
`
`38.
`
`(New) The spot welding cap changer of claim 34, wherein the
`
`magazine cover has a stiffening cover rim.
`
`39.
`
`(New) The spot welding cap changer of claim 33, wherein the cap
`
`carrier has an exterior surface that is at least partially exposed.
`
`40.
`
`(New) The spot welding cap changer of claim 33, wherein when
`
`one of the spot welding caps is in one of the plurality of holes, the spot welding cap
`
`protrudes beyond an upper surface of the cap carrier.
`
`41.
`
`(New) The spot welding cap changer of claim 33, wherein the cap
`
`carrier has a surface opposite the plurality of holes that is exposed at the access position.
`
`42.
`
`(New) The spot welding cap changer of claim 33, wherein the cap
`
`carrier has an odd number of holes.
`
`43.
`
`(New) The spot welding cap changer of claim 33, wherein the
`
`plurality of holes are non—uniformly spaced around the cap carrier.
`
`44.
`
`(New) The spot welding cap changer of claim 33, wherein the
`
`plurality of holes are spaced around the cap carrier with an increased spacing between
`
`two of the plurality of holes.
`
`45.
`
`(New) The spot welding cap changer of claim 33, wherein the
`
`spring is a spindle or spiral spring.
`
`5 of 9
`
`Ex. C&D 1008, page 5
`
`Ex. C&D 1008, page 5
`
`

`
`In re of: Werner KAESELER
`Preliminary Amendment
`Page 6 of 9
`
`Atty. Dkt. KAESELERZC
`Appln. No. 14/848,782
`Filed September 17, 2015
`
`46.
`
`(New) The spot welding cap changer of claim 33, wherein the
`
`spring is arranged centrally in the cap carrier and the plurality of holes are positioned
`
`around the spring.
`
`47.
`
`(New) The spot welding cap changer of claim 34, wherein the cap
`
`magazine further comprises a stop for successively retaining each cap in the access
`
`position, wherein the stop is below an upper surface of the magazine cover.
`
`48.
`
`(New) The spot welding cap changer of claim 33, wherein the cap
`
`magazine further comprises a spring box that includes the spring, one end of the spring
`
`being fixed at the spring box and the other end is fixed to the cap carrier.
`
`49.
`
`(New) The spot welding cap changer of claim 33 further
`
`comprising an additional cap magazine, wherein both cap magazines are positioned
`
`opposite each other such that one magazine faces in a first direction and the other faces in
`
`the opposite direction.
`
`50.
`
`(New) The spot welding cap changer of claim 33, wherein the cap
`
`magazine is removable from the spot welding cap changer.
`
`51.
`
`(New) A cap magazine for spot welding caps, the cap magazine
`
`comprising:
`
`a cap carrier having a plurality of holes sized and shaped to receive a
`
`plurality of spot welding caps in a circular arrangement;
`
`a spring for advancing the caps one by one; and
`
`an access position for allowing one of the spot welding caps to be
`
`extracted from the cap carrier;
`
`6 of 9
`
`Ex. C&D 1008, page 6
`
`Ex. C&D 1008, page 6
`
`

`
`In re of: Werner KAESELER
`Preliminary Amendment
`Page 7 of 9
`
`Atty. Dkt. KAESELERZC
`Appln. No. 14/848,782
`Filed September 17, 2015
`
`wherein, when the cap in the access position is extracted from the cap
`
`carrier, the spring advances another one of the caps into the access position.
`
`52.
`
`(New) The cap magazine of claim 51 further comprising a
`
`magazine cover positioned over the cap carrier.
`
`53.
`
`(New) The cap magazine of claim 52, wherein the magazine cover
`
`includes an access opening at the access position.
`
`54.
`
`(New) The cap magazine of claim 52, wherein the cap carrier
`
`rotates relative to the magazine cover.
`
`55.
`
`(New) The cap magazine of claim 52, wherein the magazine cover
`
`has a diameter that is greater than a diameter of the cap carrier such that the magazine
`
`cover extends beyond the cap carrier.
`
`56.
`
`(New) The cap magazine of claim 52, wherein the magazine cover
`
`has a stiffening cover rim.
`
`57.
`
`(New) The cap magazine of claim 51, wherein the cap carrier has
`
`an exterior surface that is at least partially exposed.
`
`58.
`
`(New) The cap magazine of claim 51, wherein when one of the
`
`spot welding caps is in one of the plurality of holes, the spot welding cap protrudes
`
`beyond an upper surface of the cap carrier.
`
`59.
`
`(New) The cap magazine of claim 51, wherein the cap carrier has
`
`a surface opposite the plurality of holes that is exposed at the access position.
`
`60.
`
`(New) The cap magazine of claim 51, wherein the cap carrier has
`
`an odd number of holes.
`
`7 of 9
`
`Ex. C&D 1008, page 7
`
`Ex. C&D 1008, page 7
`
`

`
`In re of: Werner KAESELER
`Preliminary Amendment
`Page 8 of 9
`
`Atty. Dkt. KAESELER2C
`Appln. No. 14/848,782
`Filed September 17, 2015
`
`61.
`
`(New) The cap magazine of claim 51, wherein the plurality of
`
`holes are non—uniforrnly spaced around the cap carrier.
`
`62.
`
`(New) The cap magazine of claim 51, wherein the plurality of
`
`holes are spaced around the cap carrier with an increased spacing between two of the
`
`plurality of holes.
`
`63.
`
`(New) The cap magazine of claim 51, wherein the spring is a
`
`spindle or spiral spring.
`
`64.
`
`(New) The cap magazine of claim 51, wherein the spring is
`
`arranged centrally in the cap carrier and the plurality of holes are positioned around the
`
`spring.
`
`65.
`
`(New) The cap magazine of claim 52 further comprising a stop for
`
`successively retaining each cap in the access position, wherein the stop is below an upper
`
`surface of the magazine cover.
`
`66.
`
`(New) The cap magazine of claim 51 further comprising a spring
`
`box that includes the spring, one end of the spring being fixed at the spring box and the
`
`other end is fixed to the cap carrier.
`
`8 of 9
`
`Ex. C&D 1008, page 8
`
`Ex. C&D 1008, page 8
`
`

`
`In re of: Werner KAESELER
`Preliminary Amendment
`Page 9 of 9
`
`Atty. Dkt. KAESELER2C
`Appln. No. 14/848,782
`Filed September 17, 2015
`
`REMARKS
`
`Claims 17-66 presently appear in this case, which claims 1-16 having been
`
`cancelled without prejudice and claims 17-66 having been added. Applicant submits that
`
`no new matter has been added by way of these amendments.
`
`The Applicant submits that the application is in condition for allowance
`
`and respectfully requests a notice to that effect.
`
`Respectfully submitted,
`
`BROWDY AND NEIMARK, P.L.L.C.
`
`Attorneys for Applicant(s)
`
`By
`
`/Ronni S. Jillions/
`Ronni S. Jillions
`
`Registration No. 31,979
`
`RSJ:srd
`
`Telephone No.: (202) 628-5197
`Facsimile No.: (202) 737-3528
`G:\BN\B\Bere\Kaeseler2C\Pto\2015—09—17—PreliminaIy_Amendment—KAESELERC.doc
`
`9 of 9
`
`Ex. C&D 1008, page 9
`
`Ex. C&D 1008, page 9
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`1444
`
`7590
`
`06/02/2016
`
`Browdy and Neimark, PLLC
`1625 K Street, N.W.
`Suite 1100
`Washington, DC 20006
`
`sToNER.K1LEY SHAWN
`
`1735
`
`DATE MAILED: 06/02/2016
`
`09/09/2015
`14/848,782
`TITLE OF INVENTION: SPOT WELDING CAP CHANGER
`
`Werner KAESELER
`
`KAEsELER2c
`
`1040
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`SMALL
`
`$480
`
`$0
`
`$0
`
`$480
`
`09/02/2016
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
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`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
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`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.
`
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`"Change in Entity Status (from status indicated above)".
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`
`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"
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`
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`
`PToL—85 (Rev. 02/11)
`
`EX- C&D 1008: page 10
`
`Page 1 of3
`
`Ex. C&D 1008, page 10
`
`

`
`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.O. Box 1450
`Alexandria, Virginia 22313-1450
`or 1 (571)-273-2885
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
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`7590
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`1625 K St
`t N W
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`06/02/2016
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`V
`_
`(Deposltorsnme)
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`F {ST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`09/09/2015
`14/848,782
`TITLE OF INVENTION: SPOT WELDING CAP CHANGER
`
`Werner KAESELER
`
`KAESELER2C
`
`1040
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`SMALL
`
`$480
`
`$0
`
`$0
`
`$480
`
`09/02/2016
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`STONER, KILEY SHAWN
`
`1735
`
`219—086100
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`
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`
`3 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Vumber is required.
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`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`2
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`3
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`Please check the appropriate assignee category or categories (will not be printed on the patent) :
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`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`3 Applicant certifying micro entity status. See 37 CFR 1.29
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`3 Applicant asserting small entity status. See 37 CFR 1.27
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`3 Applicant changing to regular undiscounted fee status.
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`Date
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`Registration No.
`
`PTOL—85 Part B (10-13) Approved for use through 10/31/2013.
`
`Pa‘-'e2°f3
`OMB 0651-0033
`
`Ex. C&D 1008, page 11
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Ex. C&D 1008, page 11
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`F {ST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`14/848,782
`
`09/09/2015
`
`Werner KAESELER
`
`KAESELERZC
`
`1040
`
`1444
`
`7590
`
`06/02/2016
`
`Browdy and Neimark, PLLC
`1625 K Street, N.W.
`Suite 1100
`Washington, DC 20006
`
`sToNER,K1LEY SHAWN
`
`1735
`
`DATE MAILED: 06/02/2016
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`to eliminate the
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i)
`requirement that the Office provide a patent term adjustment determination with the notice of allowance. See
`Revisions to Patent Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer
`providing an initial patent term adjustment determination with the notice of allowance. The Office will continue to
`provide a patent term adjustment determination with the Issue Notification Letter that is mailed to applicant
`approximately three weeks prior to the issue date of the patent, and will include the patent term adjustment on the
`patent. Any request for reconsideration of the patent term adjustment determination (or reinstatement of patent term
`adjustment) should follow the process outlined in 37 CFR 1.705.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1—(888)—786—0101 or (571)-272-4200.
`
`PToL—85 (Rev. 02/11)
`
`EX- C&D 1008: page 12
`
`Page 3 of 3
`
`Ex. C&D 1008, page 12
`
`

`
`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 in accordance with 5 CFR
`1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public which is to 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 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary
`depending upon the individual case. Any comments on the amount of time you require to complete this form
`and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. 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 witl1 your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant
`to the
`requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
`35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
`the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission
`related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and
`Trademark Office may not be able to process and/or examine your submission, which may result in termination of
`proceedings or abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records
`may be disclosed to the Department of Justice to determine whether disclosure of these records is required
`by the Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. 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.
`4. 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).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. 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)).
`7. 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, under 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.
`
`8. 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 CFR 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 by either a published application, an application open to public
`inspection or an issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`Ex. C&D 1008, page 13
`
`Ex. C&D 1008, page 13
`
`

`
`_
`_
`_
`_
`Examiner-Initiated Interview Summary
`
`14/848,782
`_
`Examiner
`
`KAESELER, WERNER
`_
`Art Unlt
`
`Application No.
`
`App|icant(s)
`
`KILEY STONER
`
`1735
`
`All participants (applicant, app|icant’s representative, PTO personnel):
`
`(1) .
`
`(2)
`
`Date of Interview: 28 AQl’i/ 2016.
`
`(3):-
`
`(4):-
`
`Type:
`
`I] Video Conference
`IXI Telephonic
`I:I Personal [copy given to: El applicant
`
`I:I applicant’s representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`I:I Yes
`
`IZI No.
`
`I:l112 I:I102 I:I103 lZIOthers
`I:I101
`Issues Discussed
`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: all Qending.
`
`Identification of prior art discussed: %.
`
`Substance of Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc...)
`
`Mr. Hinton agreed to file a terminal disclaimer and also agreed to the examiner's amendment set forth in the attached
`Office action.
`
`Applicant recordation instructions:
`
`If is not necessary for applicant to provide a separate record of the substance of interview.
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of the
`substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`I:I Attachment
`/KILEY STONER/
`
`Primary Examiner, Art Unit 1735 U.S. Patent and Trademark Office
`
`PTOL-413B (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20160526
`Ex. C&D 1008, page 14
`
`Ex. C&D 1008, page 14
`
`

`
`App|icant(s)
`Application No.
`KAESELER, WERNER
`14/848,782
` Notice of Allowability
`Eff§1Yir§TrONER
`1);;gr!"
`;‘:;‘,3';"S* '"“°"*°”° F"°’
`No
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL—85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IX] This communication is responsive to 5/9/16.
`
`D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. I] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. IX! The allowed cIaim(s) is/are 17-76. As a result of the allowed cIaim(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
`LIES
`IO.‘ OV.
`
`
`
`htt
`://www.usr::to. ‘ov/' ‘atents/‘init
`
`e’-:vents./r2: h/index.'sr:: or send an inquiry to PPI-ifeedback
`
`
`
`4. IX Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`
`Certified copies:
`
`a) IZ All
`
`b) I:I Some
`
`*c) I] None of the:
`
`1. I:I Certified copies of the priority documents have been received.
`
`2. E Certified copies of the priority documents have been received in Application No. 11/997,131 .
`
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. I:I CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`
`I:I
`
`including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./Mail Date
`Identifying indicia

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