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.
`
`13/531,122
`
`ISSUE DATE
`
`02/11/2014
`
`109802
`
`7590
`
`01/22/2014
`
`Sorell, Lenna & Schmidt, LLP
`99 Smithtown Bypass, 2nd Floor
`Hauppauge, NY 11788
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`8646134
`
`1735-14
`
`1066
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day(s). Any patent to issue from the above—identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pair.uspto. gov for additional applicants):
`
`Eugene Alletto JR., Glen Head, NY;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`IR103 (Rev. 10/09)
`
`Fredman EX1003 Page 1
`
`IPR2017-00351
`Fredman EX1003 Page 1
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`H||i|Hi|||Hilililliliillillililil W
`
`MICHAEL TRETTEL
`
`3673
`
`Svmb°'
`
`CPC Combination Sets
`
`svmw
`
`3%
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`(Primary Examiner)
`U.S. Patent and Trademark Office
`
`Total Claims Allowed:
`
`24
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20140109
`
`
`
`Fredman EX1003 Page 2
`
`IPR2017-00351
`Fredman EX1003 Page 2
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`HIIIIHIIIIIIIIIIIIIIIIIHIIIIIIIIIIII II
`
`MICHAEL TRETTEL
`
`3673
`
`US ORIGINAL CLASSIFICATION
`
`INTERNATIONAL CLASSIFICATION
`
`CLASS
`
` 636
`
`SUBCLASS
`
`CLAIMED
`
`NON-CLAIMED
`
`9/1o(2ooe.o1.o1)
`
`CROSS REFERENCE(S)
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`652.1
`\II\)-J>
`O7-J>U1
`
`-J>LOO
`
`Total Claims Allowed:
`
`24
`
`O.G. Print Figure (Primary Examiner)
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`U.S. Patent and Trademark Office
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20140109
`
`
`
`Fredman EX1003 Page 3
`
`IPR2017-00351
`Fredman EX1003 Page 3
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`H||l|Hl|||Hlllllllllllllllllllllll W
`
`MICHAEL TRETTEL
`
`3673
`
`El
`
`Claims renumbered in the same order as presented by applicant
`
`[I
`
`E]
`
`T.D
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`LOO0\lO7U'I-J>(.Ol\)—‘
`
`8
`
`l\)
`53
`L‘
`
`3 a
`
`a‘
`
`LOO0\lO7U'I-J>(.Ol\)
`
`Total Claims Allowed:
`
`24
`
`O.G. Print Figure (Primary Examiner)
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`U.S. Patent and Trademark Office
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20140109
`
`
`
`Fredman EX1003 Page 4
`
`IPR2017-00351
`Fredman EX1003 Page 4
`
`

`
` 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.
`
`F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONF {MATION NO.
`
`13/531,122
`
`06/22/2012
`
`Eugene Alletto JR.
`
`1735-14
`
`1066
`
`109802
`
`7590
`
`12/13/2013
`
`Sorell, Lenna & Schmidt, LLP
`99 Smithtown Bypass, 2nd Floor
`Hauppauge, NY 11788
`
`EXAMINER
`
`TRETTEL, MICHAEL
`
`ART UNIT
`
`3673
`
`MAIL DATE
`
`12/13/2013
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`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)
`
`IPRZO17-00351
`
`Fredman EX1003 Page 5
`
`IPR2017-00351
`Fredman EX1003 Page 5
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`
`
`H||i|Hi|||Hilililliiliillillililil W
`
`MICHAEL TRETTEL
`
`3673
`
`Svmb°'
`
`Version
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`(Primary Examiner)
`U.S. Patent and Trademark Office
`
`Total Claims Allowed:
`
`24
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20131206
`
`
`
`Fredman EX1003 Page 6
`
`IPR2017-00351
`Fredman EX1003 Page 6
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`HIIIIHIIIIIIIIIIIIIIIIIHIIIIIIIIIIII II
`
`MICHAEL TRETTEL
`
`3673
`
`US ORIGINAL CLASSIFICATION
`
`INTERNATIONAL CLASSIFICATION
`
`CLASS
`
` 636
`
`SUBCLASS
`
`CROSS REFERENCE(S)
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`652.1
`\II\)-J>
`O7-J>U1
`
`-J>LOO
`
`———_
`
`Total Claims Allowed:
`
`24
`
`O.G. Print Figure (Primary Examiner)
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`U.S. Patent and Trademark Office
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20131206
`
`
`
`Fredman EX1003 Page 7
`
`IPR2017-00351
`Fredman EX1003 Page 7
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`H||l|Hl|||Hlllllllllllllllllllllll W
`
`MICHAEL TRETTEL
`
`3673
`
`El
`
`Claims renumbered in the same order as presented by applicant
`
`[I
`
`E]
`
`T.D
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`LOO0\lO7U'I-J>(.Ol\)—‘
`
`8
`
`l\)
`53
`L‘
`
`3 a
`
`a‘
`
`LOO0\lO7U'I-J>(.Ol\)
`
`Total Claims Allowed:
`
`24
`
`O.G. Print Figure (Primary Examiner)
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`U.S. Patent and Trademark Office
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20131206
`
`
`
`Fredman EX1003 Page 8
`
`IPR2017-00351
`Fredman EX1003 Page 8
`
`

`
`Response to Rule 312 Communication
`
`Application No.
`
`App|icant(s)
`
`13/531,122
`_
`Examiner
`
`Michael Trettel
`
`3673
`
`ALLETTO, EUGENE
`.
`Art Unit
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address —
`
`1. IXI The amendment filed on 22 November2013 under 37 CFR 1.312 has been considered, and has been:
`
`a) El
`
`entered.
`
`b) E entered as directed to matters of form not affecting the scope of the invention.
`
`c) I:I disapproved because the amendment was filed after the payment of the issue fee.
`
`Any amendment filed after the date the issue fee is paid must be accompanied by a petition under 37 CFR 1.313(c)(1)
`
`and the required fee to withdraw the application from issue.
`
`d) I:I disapproved. See explanation below.
`
`e) I:I entered in part. See explanation below.
`
`U.S. Patent and Trademark Office
`
`PTOL-271 (Rev. 04-01)
`
`/Michael Trette|/
`
`Primary Examiner, Art Unit 3673
`
`
`
`Reponse to Rule 312 Communication
`
`Part of Paper No. 20131206
`
`IPRZO17-00351
`
`Fredman EX1003 Page 9
`
`IPR2017-00351
`Fredman EX1003 Page 9
`
`

`
`Application/Control No.
`
`Ind9X Of Claims
`
`13531122
`
`Applicant(s)/Patent Under
`Reexamination
`
`ALLETTO, EUGENE
`
`Examiner
`
`Art Unit
`
`MICHAEL TRETTEL
`
`3673
`
`Appeal I
`
`I
`ll
`E Allowed E Restricted l E Objected
`
`Non-Elected
`
`Cancelled
`
`El Claims renumbered in the same order as presented by applicant
`
`El CPA
`
`|:I T.D.
`
`El R.1.47
`
`CL/1'11
`F1121mm
`1 222222“
`21222222“
`21222222“
`21222222“
`2 222222“
`3 2222222“
`4 222222“
`5 2222222“
`6 E-33221111
`7 222222“
`8 222222“
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`11 2222222“
`12 2222222“
`13 2222222“
`14 2222222“
`15 2222222“
`17 2222222“
`18 2222222“
`19 2222222“
`20 2222222“
`22 2222222“
`23 2222222“
`10 2222222“
`16 2222222“
`21 2222222“
`24 2222222“
`
`U.S. Patent and Trademark Office
`
`Part of Paper No.
`
`: 20131206
`
`IPRZO17-00351
`
`Fredman EX1003 Page 10
`
`IPR2017-00351
`Fredman EX1003 Page 10
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`
`
`H||1|H1|||Hililfllliliiilliilliililiillli
`
`MICHAEL TRETTEL
`
`3673
`
`Svmb°'
`
`Version
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`(Primary Examiner)
`U.S. Patent and Trademark Office
`
`Total Claims Allowed:
`
`24
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`O.G. Print Figure
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20131206
`
`
`
`Fredman EX1003 Page 11
`
`IPR2017-00351
`Fredman EX1003 Page 11
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`HIIIIHIIIIIIIIIIIIIIIIIHIIIIIIIIIIII II
`
`MICHAEL TRETTEL
`
`3673
`
`US ORIGINAL CLASSIFICATION
`
`INTERNATIONAL CLASSIFICATION
`
`CLASS
`
` 636
`
`SUBCLASS
`
`CROSS REFERENCE(S)
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`652.1
`\II\)-J>
`O7-J>U1
`
`-J>LOO
`
`———_
`
`Total Claims Allowed:
`
`24
`
`O.G. Print Figure (Primary Examiner)
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`U.S. Patent and Trademark Office
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20131206
`
`
`
`Fredman EX1003 Page 12
`
`IPR2017-00351
`Fredman EX1003 Page 12
`
`

`
`Issue Classification 13531122
`
`ALLETTO, EUGENE
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`H||l|Hl|||Hlllllllllllllllllllllll W
`
`MICHAEL TRETTEL
`
`3673
`
`El
`
`Claims renumbered in the same order as presented by applicant
`
`[I
`
`E]
`
`T.D
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`Final
`
`Original
`
`LOO0\lO7U'I-J>(.Ol\)—‘
`
`8
`
`l\)
`53
`L‘
`
`3 a
`
`a‘
`
`LOO0\lO7U'I-J>(.Ol\)
`
`Total Claims Allowed:
`
`24
`
`O.G. Print Figure (Primary Examiner)
`
`(Assistant Examiner)
`/MICHAEL TRETTEL/
`Primary Examiner.Art Unit 3673
`
`U.S. Patent and Trademark Office
`
`11/14/2013
`
`O.G. Print C|aim(s)
`
`(Date)
`
`1
`
`1.2
`Part of Paper No. 20131206
`
`
`
`Fredman EX1003 Page 13
`
`IPR2017-00351
`Fredman EX1003 Page 13
`
`

`
`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
`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.
`
`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
`fiapers. 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 United
`S(ti2(1ites Poistal Stfirvilc/E:
`suffiScé%1]tEp§]sEt]a:ge(f((i)r first glass mailbin an Envelope
`a
`resse
`to
`e
`a1
`top
`a
`ress a ove, or
`e1ng
`acs1m1 e
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any Change Ofaddress)
`
`11/18/2013
`_
`7590
`109802
`SOI'6ll, Lenna & SCl’11’I11dt, LLP
`~
`99 Smlthtown Bypassa 2nd Floor
`Hauppauge, NY 11788
`
`G _
`
`n n a
`
`/Leo G. Lennal
`12-13-13
`
`av-e>
`
`(Depositofs name)
`
`<SiWr°>
`
`APPLICATION NO.
`
`FILING DATE
`
`F {ST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Eugene Alletto JR.
`06/22/2012
`13/531,122
`TITLE OF INVENTION: PILLOW WITH GUSSET OF OPEN CELL CONSTRUCTION
`
`1735-14
`
`1066
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`SMALL
`
`TRETTEL, MICHAEL
`
`$890
`
`3673
`
`$0
`
`$0
`
`$890
`
`02/18/2014
`
`005- 63 6000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`
`3 Chan e of correspondence address (or Change of Correspondence
`Address orm PTO/SB/ 122) attached.
`
`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.
`
`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`
`
`SOI-ell Lenna &
`5
`
`1
`
`5
`
`2
`
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`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)
`
`Bedgear, LLC
`
`Farmingdale, New York, US
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`'3 Individual
`
`Corporation or other private group entity '3 Government
`
`4a. The following fee(s) are submitted:
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`
`Issue Fee
`Publication Fee (No small entity discount permitted)
`'3 Advance Order — # of Copies
`
`'3 A check is enclosed.
`Payment by credit card. Form PTO-2038 is attached.
`The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`
`PTOL—85 (Rev. 02/11)
`
`Page2°f4
`
`IPRZO17 00351
`'
`Fredman EX1003 Page 14
`
`IPR2017-00351
`Fredman EX1003 Page 14
`
`

`
`5. Change in Entity Status (from status indicated above)
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
`3 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see form 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: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`/Leo G. Lennal
`
`Typed or printed name
`
`Leo G. Lenna
`
`Date
`
`12-13-13
`
`Registration No.
`
`42796
`
`This collection of information is required by 37 CFR 1.311. The information is re uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
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`Fredman EX1003 Page 15
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`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`PILLOW WITH GUSSET OF OPEN CELL CONSTRUCTION
`
`;
`
`Utility under 35 USC111(a) Filing Fees
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`IPRZO17-00351
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`IPR2017-00351
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`Miscellaneous:
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` S“:-S1-;(t$a)| in
`
`Total in USD (S)
`
`IPRZO17-00351
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`IPR2017-00351
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`

`
`Electronic Acknowledgement Receipt
`
`m—
`
`Title of Invention:
`
`PILLOW WITH GUSSET OF OPEN CELL CONSTRUCTION
`
`I
`
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`LENNA, LEO G
`
`IPRZO17-00351
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`

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`File Listing:
`
`Document
`
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`.
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`.
`
`File Size(Bytes)/
`
`Multi
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`Issue Fee Payment (PTO-85B)
`
`1735-14-|SSFEE-
`XM_|_L_12_13_13 pdf
`
`236828
`
`8f6dd08a753be53117f57d27dc65403890b
`a82e3
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
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`521b6f95edc4a3efe2c7b9bfb6e87e6a612d
`55aa
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`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
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`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
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`IPR2017-00351
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`

`
`PATENT
`
`Case No.: 1735-14
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Eugene Alletto, Jr.
`
`Examiner:
`
`Trettel, Michael
`
`Serial No.:
`
`13/531,122
`
`Art Unit:
`
`3673
`
`Filed:
`
`For:
`
`June 22, 2012
`
`Conf. No.:
`
`1066
`
`PILLOW WITH GUSSET OF OPEN CELL CONSTRUCTION
`
`November 22, 2013
`
`AMENDMENT AFTER ALLOWANCE
`
`UNDER 37 C.F.R. 1.312
`
`Sir/Madam:
`
`Applicant respectfully requests that the amendment set forth herein be made in
`
`the above—identified application.
`
`It is believed that this response does not occasion any additional fees or
`
`extensions of time, but should there be any need for such an extension of time please
`
`treat this paper as such and charge (or credit) any extension fees, or any additional fees
`
`that may be due herein, to Deposit Account No. 50-5960.
`
`Certificate of EFS-Web Transmission
`
`I hereby certify that this correspondence is being transmitted to the United States Patent and
`Trademark Office via the Office’s electronic filing system on November 22, 2013.
`
`Dated: November 22, 2013
`
`/Leo G. Lenna/
`Leo G. Lenna
`
`lPR2017-00351
`
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`

`
`U.S. Application Serial No.: 13/531,122
`Applicant: Eugene Alletto, Jr.
`
`IN THE CLAIMS:
`
`Case No.: 1735-14
`
`This listing of the claims will replace all prior versions, and listings, of claims in
`
`the application, without prejudice, as follows:
`
`1.
`
`(Previously Presented) A pillow comprising:
`
`a cover having opposing first and second panels, and a gusset perimetrically
`
`bounding, and joining, said first and second panels, said gusset being formed of an
`
`open cell construction, said open cell construction is formed by interlaced or spaced-
`
`apart strands; and,
`
`compliant fill material disposed within said cover.
`
`2.
`
`(Canceled)
`
`3.
`
`(Canceled)
`
`4.
`
`(Canceled)
`
`5.
`
`(Original) The pillow of claim 1, wherein said first and second panels each
`
`define a generally rectangular footprint common with said gusset.
`
`6.
`
`(Original) A pillow as in claim 1, wherein said first and second panels are
`
`arcuately bowed out in opposing directions.
`
`7.
`
`(Previously Presented) A pillow as in claim 1, wherein said first panel is
`
`formed with a moisture dispersing material.
`
`8.
`
`(Original) A pillow as in claim 1, wherein said cover is formed by at least two
`
`partially or wholly separable portions, with said separable portions being selectively
`
`joinable by a fastening means.
`
`9.
`
`(Original) A pillow as in claim 1, further comprising an inner cover disposed
`
`2
`
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`

`
`U.S. Application Serial No.: 13/531,122
`Applicant: Eugene Alletto, Jr.
`
`Case No.: 1735-14
`
`inside of said cover, at least a portion of said compliant fill material being disposed
`
`within said inner cover.
`
`10.
`
`(Original) A pillow as in claim 9, wherein said compliant fill material includes
`
`first and second solid foam layers located on opposing sides of said inner cover within
`
`said cover.
`
`11.
`
`(Original) A pillow as in claim 1, further comprising an inner cover disposed
`
`inside of said cover, said compliant fill material being disposed within said inner cover.
`
`12.
`
`(Original) A pillow as in claim 11, wherein said inner cover is formed of one
`
`or more layers of nonwoven material.
`
`13.
`
`(Canceled)
`
`14.
`
`(Previously Presented) A pillow comprising:
`
`a cover having opposing first and second panels, and a gusset perimetrically
`
`bounding, and joining, said first and second panels, said gusset being formed of an
`
`open cell construction and a base material, and said open cell construction is formed by
`
`apertures defined in said base material, said apertures being larger than any pores
`
`inherently defined in said base material; and
`
`compliant fill material disposed within said cover.
`
`15.
`
`(Previously Presented) A pillow as in claim 14, wherein said first and second
`
`panels each define a generally rectangular footprint common with said gusset.
`
`16.
`
`(Previously Presented) A pillow as in claim 14, further comprising an inner
`
`cover disposed inside of said cover, at least a portion of said compliant fill material
`
`being disposed within said inner cover.
`
`17.
`
`(Previously Presented) A pillow as in claim 16, wherein said compliant fill
`
`material includes first and second solid foam layers located on opposing sides of said
`
`3
`
`IPRZO17-00351
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`

`
`U.S. Application Serial No.: 13/531,122
`Applicant: Eugene Alletto, Jr.
`
`inner cover within said cover.
`
`Case No.: 1735-14
`
`18.
`
`(Previously Presented) A pillow as in claim 16, wherein said inner cover is
`
`formed by one or more layers of a material selected from the group consisting of a non-
`
`woven, knit, woven materials and combinations thereof such that said inner cover is
`
`relatively resistant to air flow therethrough.
`
`19.
`
`(Previously Presented) A pillow comprising:
`
`a cover having opposing first and second panels, and a gusset perimetrically
`
`bounding, and joining, said first and second panels, said gusset being formed of an
`
`open cell construction and a base material, and said open cell construction is formed by
`
`porosity of said base material being substantially greater than porosity of material
`
`forming said first panel and substantially greater than porosity of material forming said
`
`second panel; and
`
`compliant fill material disposed within said cover.
`
`20.
`
`(Previously Presented) A pillow as in claim 19, further comprising an inner
`
`cover disposed inside of said cover, at least a portion of said compliant fill material
`
`being disposed within said inner cover.
`
`21.
`
`(Previously Presented) A pillow as in claim 20, wherein said compliant fill
`
`material includes first and second solid foam layers located on opposing sides of said
`
`inner cover within said cover.
`
`22.
`
`(Previously Presented) A pillow as in claim 20, wherein said inner cover is
`
`formed by one or more layers of material selected from the group selected from knit,
`
`woven, non-woven materials and combinations thereof such that said inner cover is
`
`relatively resistant to air flow therethrough.
`
`23.
`
`(Previously Presented) A pillow comprising:
`
`a cover having opposing first and second panels, and a gusset perimetrically
`
`bounding, and joining, said first and second panels, said gusset being formed of an
`
`4
`
`IPRZO17-00351
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`

`
`U.S. Application Serial No.: 13/531,122
`Applicant: Eugene Alletto, Jr.
`
`Case No.: 1735-14
`
`open cell construction, said gusset including 3D spacer material; and
`
`compliant fill material disposed within said cover.
`
`24.
`
`(Previously Presented) A pillow as in claim 23, further comprising an inner
`
`cover disposed inside of said cover, at least a portion of said compliant fill material
`
`being disposed within said inner cover.
`
`25.
`
`(New) A pillow as in claim 1, wherein the compliant fill material includes gel.
`
`26.
`
`(New) A pillow as in claim 14, wherein the compliant fill material includes gel.
`
`27.
`
`(New) A pillow as in claim 19, wherein the compliant fill material includes gel.
`
`28.
`
`(New) A pillow as in claim 23, wherein the compliant fill material includes gel.
`
`lPR2017-00351
`
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`

`
`U.S. Application Serial No.: 13/531,122
`Applicant: Eugene Alletto, Jr.
`
`Case No.: 1735-14
`
`REMARKS
`
`The present application has been allowed and payment of the issue fee is due on
`
`February 18, 2014. Applicant has added new claims 25-28.
`
`In particular, claims 25-28
`
`individually recite that the compliant fill material includes gel. Applicant discussed
`
`adding new claims 25-28 with the Examiner on November 21, 2013. Support for the
`
`new claims can be found in paragraph [O26]. Applicant contends that no new matter
`
`has been added and that this amendment complies with the rules of 37 C.F.R. 1.312.
`
`Applicant respectfully requests entry of this amendment.
`
`If another telephone conference would be of assistance to the Examiner,
`
`Applicant’s undersigned attorney requests that he be contacted at the telephone
`
`number provided below.
`
`Respectfully submitted,
`
`/Leo G. Lenna/
`
`Leo G. Lenna
`
`Reg. No. 42,796
`Attorney for Applicant
`
`SORELL, LENNA & SCHMIDT, LLP
`99 Smithtown Bypass, 2nd Floor
`Hauppauge, NY 11788
`Tel:
`(631) 656-9818
`Fax: (631) 406-7146
`
`lPR2017-00351
`
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`

`
`Electronic Acknowledgement Receipt
`
`International Application Number:
`
`Title of Invention:
`
`PILLOW WITH GUSSET OF OPEN CELL CONSTRUCTION
`
`First Named Inventor/Applicant Name:
`
`Application Type:
`
`Utility under 35 USC111(a)
`
`Payment information:
`
`
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`File Listing:
`
`Document
`
`Information:
`
`.
`
`.
`
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`Amendment after Notice of Allowance
`
`1735-14-AMD-Under-Rule-312-
`
`(Rule 312)
`
`filed-11-22-13.pdf
`
`bc470bd437cbaf76cI beci e9692ae8cfe47f
`26:
`
`_ =
`
`.
`
`_
`
`Fredman EX1003 Page 26
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`

`
`Total Files Size (in bytes)
`
`32404
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`IPRZO17-00351
`
`Fredman EX1003 Page 27
`
`IPR2017-00351
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`
`

`
`Document code: WFEE
`
`United States Patent and Trademark Office
`
`Sales Receipt for Accounting Date: 12/06/2013
`
`EBURNS
`
`SALE #00O0OO05 Mailroom Dt: 11/22/2013
`01
`FC : 2202
`160.00 DA
`
`505960
`
`13531122
`
`IPRZO17-00351
`
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`
`IPR2017-00351
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`
`

`
`PTO/SB/06 (09-11)
`Approved for use through 1/31/2014. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`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.
`
`PATENT APPLICATION FEE DETERMINATION RECORD
`substitute for Form PTo-375
`
`APP“°a“°“ Or DOCKET Number
`13/531,122
`
`FI““9 Dale
`03/22/2012
`
`III To be Mailed
`
`ENTITY:
`
`|:| LARGE IZI SMALL |:| MICRO
`
`APPLICATION AS FILED — PART I
`
`(Column 2)
`
`FOR
`
`NUMBER FILED
`
`NUMBER EXTRA
`
`I:I BASIC FEE
`37CFR1.16a, b,or c
`
`El SEARCH FEE
`37CFR1.16k,
`
`i,or m
`
`El EXAMINATION FEE
`(37 CFR1.16( ), (p), or (q))
`TOTAL CLAIMS
`37 CFR 1.16 i
`INDEPENDENT CLAIMS
`37 CFFI1.16 h
`
`DAPPLICATION SIZE FEE
`(37 CFR1.16(s))
`
`N/A
`
`N/A
`
`N/A
`
`minus 20 =
`
`N/A
`
`N/A
`
`N/A
`
`Z
`
`X %
`
`>< %
`
`ll
`
`II
`
`If the specification and drawings exceed 100 sheets
`of paper, the application size fee due is $310 ($155
`for small entity) for each additional 50 sheets or
`fraction thereof. See 35 U.S.C. 41(a)(1)(G) and 37
`CFR 1.16( ).
`
`I:I MULTIPLE DEPENDENT CLAIM PRESENT (37 CFFl1.16(j))
`* If the difference in column 1 is less than zero, enter “0" in column 2.
`
`APPLICATION AS AMENDED — PART II
`
`CLAIMS
`
`,§‘EI”E’*,',N'NG
`AMENDMENT
`*
`
`(Column 2)
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`H
`
`“*4
`
`-
`I/ms
`-
`Mmus
`
`(Column 3)
`
`P RESENT EXTRA
`
`- 4
`
`11/22/2013
`
`Total(
`
`CFR
`
`Independent
`37CFR1.16h
`
`I:I Application Size Fee (37 CFR1.16(s))
`
`D FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM (37 CFR1.16(j))
`
`ADDITIONAL FEE ($)
`
`_|.
`
`TOTAL ADD‘L FEE
`
`PRESENT EXTRA
`
`ADDITIONAL FEE (35)
`
`CLAIMS
`REMAINING
`AFTER
`AMENDMENT
`~k~k
`-
`*
`I
`T I
`2 Mm -
`Minus
`(37 CFR1.16(h))
`
`HIGHEST
`NUMBER
`PREVIOUSLY
`PAID FOR
`
`I:I Application Size Fee (37 CFR1.16(s))
`
`D FIR