UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address. COMMISSIONER FOR PATENTS
`PO Box 1450
`A1exaJidria,Vi.1g1.nia 22313-1450
`WWVl.'.IlSpt0.g0V
`
`APPLICATION
`NUMBER
`
`FILING or
`371(c) DATE
`
`GRP ART
`UNIT
`
`61/499,907
`
`06/22/2011
`
`F
`
`FEE REC'D
`
`110
`
`23869
`HOFFMANN & BARON, LLP
`egoo mono ruawm
`SYOSSET, NY 11791
`
`ATTY.DOCKET.NO
`
`TOT CLA11\/IS IND CLAIMS
`
`2079-31P
`
`CONFIRMATION NO. 5624
`
`FILING RECEIPT
`
`lllllllllIllIIIIIIIIIIIIIIIIIIIIII111,111llIlllllllnlll
`
`Date Mailed: 07/01/2011
`
`It will not be examined for patentability and will
`Receipt is acknowledged of this provisional patent application.
`become abandoned not later than twelve months after its filing date. Any correspondence concerning the application
`must include the following identification information: the U.S. APPLICATION NUMBER, FILING DATE, NAME OF
`APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection. Please verify
`the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please submit
`a written request for a Filing Receipt Correction. Please provide a copy of this Filing Receipt with the
`changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit
`any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply
`to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
`
`Applicant(s)
`
`EUGENE ALLETTO JR., Glen Head, NY;
`
`Power of Attorney:
`Ludomir Budzyn——40540
`
`If Required, Foreign Filing License Granted: 06/29/2011
`
`The country code and number of your priority application, to be used for filing abroad under the Paris Convention,
`is US 61/499,907
`
`Projected Publication Date: None, application is not eligible for pre—grant publication
`
`Non-Publication Request: No
`
`Early Publication Request: No
`** SMALL ENTITY **
`Title
`
`PILLOW WITH MESH PORTIONS
`
`PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
`
`Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no
`effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent
`in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international
`application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same
`effect as a regular national patent application in each PCT-member country. The PCT process simplifies the filing
`of patent applications on the same invention in member countries, but does not result in a grant of "an international
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`patent" and does not eliminate the need of applicants to file additional documents and fees in countries where patent
`protection is desired.
`
`Almost every country has its own patent law, and a person desiring a patent in a particular country must make an
`application for patent in that country in accordance with its particular laws. Since the laws of many countries differ
`in various respects from the patent law of the United States, applicants are advised to seek guidance from specific
`foreign countries to ensure that patent rights are not lost prematurely.
`
`Applicants also are advised that in the case of inventions made in the United States, the Director of the USPTO must
`issue a license before applicants can apply for a patent in a foreign country. The filing of a U.S. patent application
`serves as a request for a foreign filing license. The application's filing receipt contains further information and
`guidance as to the status of applicant's license for foreign filing.
`
`Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents" (specifically, the
`section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlines for filing foreign
`patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it
`can be viewed on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html.
`
`For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish
`to consult the U.S. Government website, http://www.stopfakes.gov. Part of a Department of Commerce initiative,
`this website includes self-help "toolkits" giving innovators guidance on how to protect intellectual property in specific
`countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may
`call the U.S. Government hotline at 1-866-999-HALT (1—866-999-4158).
`
`LICENSE FOR FOREIGN FILING UNDER
`
`Title 35, United States Code, Section 184
`
`Title 37, Code of Federal Regulations, 5.11 & 5.15
`
`GRANTED
`
`if the phrase "lF REQUIRED, FOREIGN FILING
`The applicant has been granted a license under 35 U.S.C. 184,
`LICENSE GRANTED" followed by a date appears on this form. Such licenses are issued in all applications where
`the conditions for issuance of a license have been met, regardless of whether or not a license may be required as
`set forth in 37 CFR 5.15. The scope and limitations of this license are set forth in 37 CFR 5.15(a) unless an earlier
`license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The
`date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under
`37 CFR 5.13 or 5.14.
`
`This license is to be retained by the licensee and may be used at any time on or after the effective date thereof unless
`it is revoked. This license is automatically transferred to any related applications(s) filed under 37 CFR 1.53(d). This
`license is not retroactive.
`
`The grant of a license does not in any way lessen the responsibility of a licensee for the security of the subject matter
`as imposed by any Government contract or the provisions of existing laws relating to espionage and the national
`security or the export of technical data. Licensees should apprise themselves of current regulations especially with
`respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of
`State (with respect to Arms, Munitions and Implements of War (22 CFR 121-128)); the Bureau of Industry and
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`Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControI, Department of
`Treasury (31 CFR Parts 500+) and the Department of Energy.
`
`NOT GRANTED
`
`No license under 35 U.S.C. 184 has been granted at this time, if the phrase "IF REQUIRED, FOREIGN FILING
`LICENSE GRANTED" DOES NOT appear on this form. Applicant may still petition for a license under 37 CFR 5.12,
`if a license is desired before the expiration of 6 months from the filing date of the application. If 6 months has lapsed
`from the filing date of this application and the licensee has not received any indication of a secrecy order under 35
`U.S.C. 181, the licensee may foreign file the application pursuant to 37 CFR 5.15(b).
`
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`Doc Code: TR.PROV
`
`Document Description: Provisional Cover Sheet (SB16)
`
`PTOfSBl16 (11-08)
`Approved for use through 0930/2010 OMB 0551-0032
`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
`
`Provisional Application for Patent Cover Sheet
`This is a request for filing a PROVISIONAL APPLICATION FOR PATENT under 37 CFR 1.53(c)
`
`lnventor(s)
`
`Inventor 1
`
`Given Name
`
`Middle Name
`
`Family Name
`
`City
`
`EUGENE
`
`ALLE'|'|'O, JR.
`
`Glen Head
`
`All Inventors Must Be Listed — Additional Inventor Information blocks may be
`generated within this form by selecting the Add button.
`
`Title Of InVenti0n
`
`PILLOW WITH MESH PORTIONS
`
`Attorney Docket Number (if applicable)
`
`2079-31 P
`
`Correspondence Address
`
`Direct all correspondence to (select one):
`
`(Q The address corresponding to Customer Number O Firm or Individual Name
`
`Customer Number
`
`23869
`
`The invention was made by an agency of the United States Government or under a contract with an agency of the United
`States Government.
`
`(9 No.
`
`O Yes, the name of the U.S. Government agency and the Government contract number are:
`
`EFS — Web 1.0.1
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`Doc Code: TR.PROV
`
`Document Description: Provisional Cover Sheet (SB16)
`
`PTOfSBl16 (11-08)
`Approved for use through 0930/2010 OMB 0551 -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
`
`Entity Status
`Applicant claims small entity status under 37 CFR 1.27
`
`6) Yes, applicant qualifies for small entity status under 37 CFR 1.27
`
`O No
`
`Petitioner/applicant is cautioned to avoid submitting personal information in documents filed in a patent application that may
`contribute to identity theft. Personal information such as social security numbers, bank account numbers, or credit card
`numbers (other than a check or credit card authorization form PTO—2038 submitted for payment purposes) is never required
`by the USPTO to support a petition or an application.
`If this type of personal information is included in documents submitted
`to the USPTO, petitioners/applicants should consider redacting such personal information from the documents before
`submitting them to USPTO. Petitionerlapplicant is advised that the record of a patent application is available to the public
`after publication of the application (unless a non-publication request in compliance with 37 CFR 1_213(a) is made in the
`application) or issuance of a patent. Furthermore, the record from an abandoned application may also be available to the
`public if the application is referenced in a published application or an issued patent (see 37 CFR1.14). Checks and credit
`card authorization forms PTO—2038 submitted for payment purposes are not retained in the application file and therefore are
`not publicly available.
`
`Signature
`
`Please see 37 CFR 1.4(d) for the form of the signature.
`
`lLudomir A. Budzynl
`Ludomir
`
`First Name
`
`Last Name
`
`Budzyn
`
`Date (YYYY-MM-DD)
`Registration Number
`(If appropriate)
`
`2011-06-22
`40540
`
`This collection of information is required by 37 CFR 1.51. The information is required to obtain or retain a benefit by the public which is to
`file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection
`is estimated to take 8 hours to complete, including gathering, preparing, and submitting the completed application form to the USPTO.
`Time will vary depending upon the individual case. Any comments on the amount of time you require to complete this form andlor
`suggestions 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, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. This
`form can only be used when in conjunction with EFS-Web. If this form is mailed to the USPTO, it may cause delays in handling
`the provisional application.
`
`EFS — Web 1.0.1
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`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 paten. 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.
`
`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.
`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 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.
`A record in this system of records may be disclosed, as a routine use, to a n other 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, 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.
`
`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.
`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.
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`Efiocket No.: 2iE“.7§—3 1}’
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`?H.. Ei(}‘W ‘WETH Rv’§ E$}E ?(}RTE(}NS
`
`1. Field of the invention
`
`fitfii}
`
`The present. indvenrtion relates to upper neck and head suppoi't in the form ofa
`
`positioned specific piiiow for the human body. This positional specific piiiow is designed to
`
`prevent neck, back and shoulder pain and to niariage body heat that may hinder the naturai sleep
`
`cycle.
`
`2. Deseri ‘)ii0i’1 of the Reiated Art
`
`§:€}€$2i§
`
`The use of a pillow made typicaiiy cf a fabric cover stuffed with a soft inatcriai is
`
`known in the prior art. More specifically, positiorial specific pillows heretofore. dtevisedt and
`
`utilized for the purpose ofsupporting the head and neck of people. Addtitiotrzdiy, eom'entiona}
`
`piiiows generzzdiy provide a soft cushion on which to piece the head of an infant, child, or adnit
`
`whiie resting or sleeping, either in bed, or on upholstered furniture in which case the piilows
`
`typically have a pernianerot fabric cover.
`
`(iii?
`;
`
`E on euti3n't}E in glee \ 3r reqtn" acti
`rtaeq &mZ1Ci€% ‘>1 tecficaii
`d€'W)°1°d hr
`j'V’« X syi
`m.ig
`'x/"m.,'
`i
`v y 255.}
`
`prevention of neck, shouider and back aches and overheating have been not been broadiy utilized
`
`because of lack of a.rtit:les in the public rnarket.
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`}}ocl<et Nd: 2tE“.79—3‘i}’
`
`SUVl MARY OF THE ENVENTKEN
`
`iitiiclti
`
`The present invention provides the correct alignment tn head and neck area fer the
`
`speeitie position at the user (hack, sleep or side) white at the same time creating an environment
`
`of cooling and aiiflnw, which allows the sleeper to niaintain their body teniperature, and spine
`
`alignment, VV’li‘ii,Ch, enenurages a nerrnai sleep cycle.
`
`{W5}
`
`Te attain this, the present invention essentialiy ceniprises a rectangniar body that is
`
`tbrineii with a snlsstantialiy soft and resilient material between a fabric COV’§31‘.
`
`{thin}
`
`The faloric cover is comprised of ineistiire—wicl<ing pely—t7ahi‘ie using dri—tee
`
`registered teehnningy designed to aiiew nieisture dispersion and heat rnanagenient tn eooi the
`
`hetiy.
`
`W87}
`
`A 2” Mesh gusset sidewall lielps fertn piiiew shape for npen airfl ow, siippoi‘ted by
`
`filter fabric te l~:eep pillow Clean and reduce enetration by dust and dander. Piliew tbnn fights
`
`eninpressioii et‘neel<; vertebra along year cervical spine.
`
`{MES}
`
`Interior iiberfili specially selected for each si eping position. Baffie created by
`
`inner elianiber provides struetine tn pillew white pushing are nut through gusset. Heat
`
`dissipates; eeol air can return.
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`Eheket Na: 2iE“.7§—3 1}’
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`UEQ9}
`
`En'tht'eidered on sidewait fer eie-at (i'er{-ij:1iTVi0r§— efpii Eew use for each '[O61'S01’1 .§peeitie
`
`sieep habits.
`
`{QM}
`
`Tight stitching keeps fiberfili in place and keeps pillow in its U1”igi11£E,i shape.
`
`{M1}
`
`The inventitm wiii be better uhdersteett, and Objects other than those set faith
`
`abeve, will become a.ppa:re1it when eensitieratien is given to the following detailed deseriptioii
`
`theereef. Such desetiptieh i't1ake;§ refet'enee tea the atmexed drawittgs wh etein:
`
`§:€H2i§
`
` §¥‘l?G. E is fmtttai View of the generic mtiiti-pesitiottai piilew with the COVCY;
`
`{M3}
`
`FIG. 2
`
`}Z9t)1‘é§pf.’.C'[,iV’C tii,uSi'I'£iiiF:0T(}, ofthe st0m:»1ch gzsiilew with the <.‘.0VE:!” and itmet"
`
`stuffing;
`
`{M4}
`
`FIG. 3 is persjge.etiV*e illustration ofthe back piiiew with the eover and iniier
`
`s’tuffii'tg;
`
`§:€HSi§
`
` §¥‘l?G. 4 is perspective iiiustratioh ef the side pillow with the saver and iimei‘
`
`stuffing.
`
`3
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`Efiocket No.: 2iE“.7§—3 1}’
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`BESCREPTEGN 0}? THE BRA.“/’iENGS
`
`{EH6}
`
`Fifi‘. ‘E is a diagram of piiiow Viewed from the front. Nuinerai L the outer
`
`moisture dispersion cotton t7a'brie cover, 2 extra strong stitching, 3 niesh gusset sidewall for open
`
`airflow, 4 inforinatieriai embroideiy/stitching for identifieatieii, 5 informational instructions for
`
`,tiii,"eonstruetion and washing 1’T(1a.11a.g6fii‘if.?1’1ii.
`
`{EH7}
`
`FIG. 2 is a diagram of the stomach piiiow Viewed from a perspective position with
`
`cut out showing interior. Numeral 1., the outer iiioisture dispt%i‘sitiii cotton fabric cover, 2 extra
`
`strong stitching, 3 mesh gusset sidewaii for open airfiowt Nurner;-xi 6 F‘ii361'fii,i 0,5100% poiyester.
`
`§:iH8i§
`
` §i‘l?G. 3 is 3:1 diagram of the ‘hack piiiow Viewed from a perspective position with Cut
`
`out showing interior. Nuinerai 1, the outer nioisture dispersion cotton fabric cover, 2 extra
`
`strong SiTii'Cii‘ii1’1g, 3 mesh gusset sidew:-xii for open a.ii'iioW. Numerai 7 Fisberfii of ii}{}% poiyester,
`
`{i§19§
`
`FIG. 4 is a diagram of the side piiiow Viewed from a perspective position with cut
`
`out showing interior. Nurnerai 1, the outer inoisture dispersion cotton fabric cover, 2 extra
`
`strong stitching, 3 mesh gusset sidewaii for open airfiowt Niirnemi 8 F‘ii361'fii,i of 100% poiyester.
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`Béackei Na: 2iE“.7§—3 1}’
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`ABSTRACT
`
`§:€}2’;{§j§
`
`A ‘body positifmai specific piiiow that includes a, 1"eCtanguEa1”b0dy fizzrmed with a
`
`substantially 1‘E.’.Si1iCI1‘{ mat:%1"ia.1 inside :1 designed, zippered fabric §311c1osL11”e. The 1‘§:ctangu1a1'
`
`body is used at the head of the human ‘body to raise: or lower said head to the (‘.0I’I'Cf.‘.’§i anaitmnicai
`
`pcsition providing good sieeping cmnfort.
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`FIG. 1
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`FIG. 2
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`
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`FIG. 4:
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`
`Electronic Patent Application Fee Transmittal
`
`—
`
`Title of Invention:
`
`PILLOW WITH MESH PORTIONS
`
`;
`
`Provisional Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`
`USD($)
`
`Basic Filing:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-AlIowance-and-Post-Issuance:
`
`Extension-of-Time:
`
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` S“:-S1-;(t$a)| in
`
`Total in USD (S)
`
`Miscellaneous:
`
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`Electronic Acknowledgement Receipt
`
`m—
`
`Title of Invention:
`
`PILLOW WITH MESH PORTIONS
`
`I
`
`—
`
`Payment information:
`
`yes—
`Submitted with Payment
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`—Auth°“zedUser
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
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`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`Number
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`Information:
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`Information:
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`Information:
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`Information:
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`Document Description
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`File Size(Bytes)/
`Message Digest
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`Pages
`Multi
`Part /.zip (if appl.)
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`Provisional Cover Sheet (SB16)
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`Provisiona|SB.pdf
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`1283633
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`1639dc53d4a64360607a534c4f3864bef24 ‘
`3:17
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`105214
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`App|ication.pdf
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`2fac8686749c7d6a44b4d911e3313f8bcf0c
`555a
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`Multipart Description/PDF files in .zip description
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`Drawings-only black and white line
`drawings
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`1124649
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`Drawings.pdf
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`0d93e9ea30799b0df807a47c001037b9cd9
`Obaab
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`Fee Worksheet (SB06)
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`fee-info.pdf
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`458dcd839b521b5b56d901 e31 e663276be
`9a2483
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`IPRZO17-00351
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`Fredman EX1004 Page 19
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`IPR2017-00351
`Fredman EX1004 Page 19
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`

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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
`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.
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`IPRZO17-00351
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`Fredman EX1004 Page 20
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`IPR2017-00351
`Fredman EX1004 Page 20