UNITED STATES PATENT AND TRADEMARK OEEICE
`
`
`
`UNITED STATES DEPARTMENT OF COMIVIERCE
`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
`
`20686
`
`7590
`
`09/17/2015
`
`DORSEY & WHITNEY, LIP — Denver
`INTELLECTUAL PROPERTY DEPARTMENT
`moow s
`Suite 400
`DENVER, CO 80202-5549
`
`EXAMINER
`
`COTEY,PHILIPL
`
`2855
`
`DATE MAILED: 09/17/2015
`
`APPLICATION NO.
`FILING DATE
`FIRST NAMED INVENTOR
`ATTORNEY DOCKE l' l\().
`CONFIRMATION NO.
`
`14/523,104
`10/24/2014
`Benjamin McCloskey
`P201384.US.05
`3190
`
`TITLE OF INVENTION: FATIGUE TBS TING SYSTEM FOR PROSTHETIC DEVICES
`
` APPI N. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PI IBI ICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAI FEE(SI DIT
`
`DATE DUE
`
`12/17/2015
`
`nonprovisional
`
`$480
`
`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 VVITHDRAWAL 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 TIIIS NOTICE OR TIIIS APPLICATION SIIALL BE REGARDED AS ABANDONED.
`TIIIS
`STATUTORY PERIOD CANNOT BE EXTENDED.
`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.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`IIOW TO REPLY TO TIIIS NOTICE:
`
`I. Review the ENTITY STATUS shown above. If the ENTITY STATUSis shown as SMALL or MICRO, verify whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUS1s the same as shown above, pay the TOTAL FEE(S) DUE shown above.
`
`If the ENTITY STATUS is changed from that shown above, 011 PART B - FEE(S) TRAN SMITTAL, 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 undiscounted 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 communications regarding this application must give the application number. Please direct all communications 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—SS (Rev. 02/11)
`
`Page 1 of 3
`
`PAGE 1 OF 21
`
`WATERS TECHNOLOGIES CORPORATION
`
`EXHIBIT 1008
`
`PAGE 1 OF 21
`
`WATERS TECHNOLOGIES CORPORATION
`EXHIBIT 1008
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Conlplete and send this form, together with applicable l'ee(s), to: M_ail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE l'EE 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
`indicated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Not/a: Use Block 1101 any changa ofaddresst
`
`09/17/2015
`,
`759,0 ,
`72068? ,
`DORSEY & WHI l NEY, LLP - Denver
`INTELLECTUAL PROPERTY DEPARTMENT
`1400 Wewatta Street
`SultC 400
`DENVER, CO 80202-5549
`
`Note: A certificate of mailim7 can only be used for domestic mailings of the
`lee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper such as an assignment or formal drawing must
`have its own certificate of mailing or transmission.
`
`Certificate of lVIailing 01' Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`Sctlates Pilstal Sflerviee vlvith sufficient postageggr first Iglass mailbin an pnveloge
`a dresse
`to
`e Mai Stop ISSUE FEE a
`ress a ove. or
`eintI
`acsimi e
`transmitted to the USPTO (571) 273-2885. on the date indicated belgw.
`
`(Date)
`
`(DBpOsitors name)
`(Signalme)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`
`
` ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Benjamin McCloskey
`10/24/2014
`14/523,104
`TI I'LE OI1 INVENTION: l’A I'IG UE TESTING SYSTEM FOR PROSTI IETIC DEVICES
`
`P201384.US.05
`
`3190
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID IS SUE FEE
`
`TOTAL FEE(SI DUE
`
`nonprovisional
`
`$480
`
`DATE DUE
`
`12/17/2015
`
`EXAIVIINER
`
`COTEY. PHILIP L
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`2855
`
`0737037000
`
`l. Change of correspondence address or indication of "Fee Address” (37
`CFR L363).
`3 Change of correspondence address (or Change of Correspondence
` 3 "Fee Address" indication (or "Fee Address" Indication form
`Address orm PTO/SB/122) attached.
`
`
`
`2. For printing on the patent front page, list
`.
`( I) The names of up to 3 registered patent attorneys
`or agents OR alternatively,
`(2) The name of a single fi1n1 (having as a n1en1be1 a
`1egiste1ed attorney o1 agent) and the names of up to
`PTO/SB/47; Rev 0302 or more recent) attached. Use of a Customer
`2 1egiste1ed patent atto1neys 01 agents. If no name is
`listed no name will be p1inted
`Number is required.
`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. Inless an assignee is identified below no assignee data will appear on the patent.
`recordation as set forth1n 37 CIR 3.11. Completion of this formis NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`1
`
`2
`
`3
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`:1 Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (N0 small entity discount permitted)
`2' Advance Order - # of Copies
`
`4b. Payment ofl’ee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosec.
`3 Payment by credit card. Form PTO-2038 is attached.
`3 The director is hereby authorized to charge the required fee(s). any deficiency. or credits any
`overpayment. to De 30511 Account Number
`(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 129
`
`3 Applicant asserting small entity status. See 37 (TI‘R 1.27
`
`NOTE: Absent a valid certification of Micro Entity Status (see fonns PTO/SB/15A and 15B). issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOT] 2: If the application was previously under micro entity status, checking this box will be taken
`to he a notification of loss of entitlement to micro entity status.
`3 Applicant changing to regular undiscounted fee status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`
` This form must be signed in accordance with 37 CFR 131 and 1.33. See 37 CFR 1.4 for si nature re uirenlents and certifications.
`
`Authorized Signature
`
`Typed or printed name
`
`
`Date
`
`Registration No.
`
`PTOL—85 Part B (IO-13) Approved for use through 10/31/2013.
`
`PAGE 2 OF 21
`
`Page 2 of 3
`
`OMB 0651-0033
`
`
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`PAGE 2 OF 21
`
`

`

`UNITED STATES PATENT AND TRADEMARK OEEICE
`
`
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`UNITED STATES DEPARTMENT OF COMlVIERCE
`United States Patent and Trademark Office
`Address: COMlVHSS ONER FOR PATENTS
`P O Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`
`ATTORNEY DOCKET NO.
`
`CONFIRIVIATION NO.
`
`14/523,104
`
`10/24/2014
`
`Benjamin MCClOSkcy
`
`P2013 84.US.05
`
`3190
`
`20686
`
`7590
`
`09/17/2015
`
`DORSEY & WHITNEY, LIP — Denver
`lNTELLECTUAL PROPERTY DEPARTMENT
`1400w s
`Suite 400
`DENVER, CO 80202-5549
`
`COTEY,PHILIPL
`
`2855
`
`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
`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—SS (Rev. 02/11)
`
`PAGE 3 OF 21
`
`Page 3 of 3
`
`PAGE 3 OF 21
`
`

`

`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, PO. Box 1450, Alexandria, Virginia 22313-1450. DO NOT
`SEND FEES OR COMPLETED EORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box
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`
`Privacy Act Statement
`
`The Privacy Act of 1974 (PL. 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
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`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 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 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.
`
`PAGE 4 OF 21
`
`PAGE 4 OF 21
`
`

`

`
`Application No.
`Applicant(s)
`
`14/523,104
`MCCLOSKEY ET AL.
`-
`'
`AlA(FirstInventorto
`Efiiflénébm
`3;)?“
`File) Status
`No
`
`
`
`.
`.
`.
`Notice of Allowability
`
`-- 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.
`
`This communication is responsive to the submission of 06/17/2015.
`
`[I 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 claim(s) is/are L7. As a result of the allowed claim(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
`
`hit“ :/,/\mvw.us tedov/batents/init events/b h/‘indexfis' or send an inquiry to PPeredback . us togov .
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`Certified copies:
`*c) [I None of the:
`a) I] All
`b) I] Some
`1. I] Certified copies of the priority documents have been received.
`2. I] Certified copies of the priority documents have been received in Application No. _
`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” ofthis 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. El CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`
`El
`
`including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`Paper No./Mai| Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the tront (not the back) 01
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121 (d).
`
`6. El 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. El Information Disclosure Statements (PTO/SB/08),
`Paper No./Mai| Date
`3. El Examiner‘s Comment Regarding Requirement for Deposit
`of Biological Material
`4. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`/PHILIP COTEY/
`Examiner, Art Unit 2855
`
`5. IXI Examiner's Amendment/Comment
`6. IXI Examiner's Statement of Reasons for Allowance
`
`7. E Other amended .Qdf of previously mailed 892.
`
`
`US Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Part of Paper No./Mai| Date 20150910
`
`Notice 01 Allowability
`
`PAGE 5 OF 21
`
`PAGE 5 OF 21
`
`

`

`Application/Control Number: l4/523,104
`Art Unit: 2855
`
`Page 2
`
`DETAILED ACTION
`
`Comment Regarding Cited Prior Art in the 892 of 03/20/2015
`
`In the PTO-892 mailed 03/20/2015 the US publication of this instant application is
`
`mistakenly cited, its number is US 2015/0040644 A1; it should be removed from the
`
`references cited list.
`
`A corrected .pdf of the 892 in question is attached.
`
`Comment Regarding Double Patenting
`
`Claims 1-7 of this application are patentably indistinct from claims 1-7 of Application
`
`No. 14/137313. Pursuant to 37 CFR 1.78(f) or pre-AIA 37 CFR 1.78(b), when two or more
`
`applications filed by the same applicant contain patentably indistinct claims, elimination of such
`
`claims from all but one application may be required in the absence of good and sufficient reason
`
`for their retention during pendency in more than one application. Applicant is required to either
`
`cancel the patentably indistinct claims from all but one application or maintain a clear line of
`
`demarcation between the applications. See MPEP § 822.
`
`However, pursuant to MPEP § 804 I. B. ‘J[2 “The ‘provisional’ double patenting
`
`rejection should continue to be made by the examiner in each application as long as there are
`
`conflicting claims in more than one application unless that ‘provisional’ double patenting
`
`
`rejection is the only rejection remaining in at least one of the applications.” Emphasis added.
`
`Thus, no terminal disclaimer is required for this application but may be required for
`
`application 14/ 1 373 13.
`
`PAGE 6 OF 21
`
`PAGE 6 OF 21
`
`

`

`Application/Control Number: 14/523,104
`Art Unit: 2855
`
`Page 3
`
`EXAMINER’S AMENDMENT
`
`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 this examiner’s amendment was given in a telephone interview with
`
`Brad Hattenbach (Reg. No. 42,642) on 10 SEPT 2015.
`
`The application has been amended as follows:
`
`- Claims 8-20 are canceled.
`
`Allowable Subject Matter
`
`Claims 1-7 are allowed.
`
`The following is an examiner’s statement of reasons for allowance:
`
`The best prior art of record Pickard (US 4,682,491), and Lundell et al. (US 2002/0116054
`
`A1), fail to specifically teach the invention as claimed. The specific limitation of an accelerated
`
`cyclic test system for evaluating a valved prosthetic device with a pulsed rate of greater than 200
`
`beats per minute in independent claim 1 when combined with the limitations of an excess
`
`volume area (which is a term of art, see remarks of 06/17/2015 p.8, final (H) and its location also
`
`in independent claim 1 distinguish the present invention from the combined prior art.
`
`Hence the prior art of record fails to teach the invention as set forth in claims 1-7. The
`
`examiner cannot find specific teaching of the invention, nor reasons within the cited art to
`
`PAGE 7 OF 21
`
`PAGE 7 OF 21
`
`

`

`Application/Control Number: 14/523,104
`Art Unit: 2855
`
`Page 4
`
`combine the elements of these references other than applicant’s own reasoning to fully
`
`encompass the current pending claims.
`
`In addition, see applicant’s reasoning in amendment/response of 06/17/2015 pp.5- 11
`
`inclusive.
`
`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.”
`
`Conclusion
`
`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure. See (PTO-892 previously mailed, 03/20/2015 as modified in attached .pdf).
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to PHILIP COTEY Whose telephone number is (571)270-1029. The
`
`examiner can normally be reached on Monday-Friday 8:00AM to 5:00PM.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Lisa Caputo can be reached on (571) 272-2388. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`PAGE 8 OF 21
`
`PAGE 8 OF 21
`
`

`

`Application/Control Number: 14/523,104
`Art Unit: 2855
`
`Page 5
`
`Information regarding the status of an application may be obtained from the Patent
`
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`Supervisory Patent Examiner, Art Unit 2855
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`/LISA CAPUTO/
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`PAGE 9 OF 21
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`Notice of References Cited
`
`Application/Control No.
`
`14/523104
`.
`
`Applicant(s)/Patent Under
`Reexamination
`MCCLOSKEY ET AL.
`
`Examiner
`
`U.S. PATENT DOCUMENTS
`
`Name
`
`*
`
`Document Number
`Country Code-Number-Kind Code
`.— sS-4,682.491 A
`In sS—5,670.708A
`.— -s-e,062.075 A
`In _3-2002/0116054 A1
`
`Date
`MM-YYYY
`07-1987
`09—1997
`05-2000
`08—2002
`
`Pickard. Murphy L.
`Vilendrer, Kent
`Ritz et al.
`Lundell et al.
`
`.
`.
`.
`CIaSSIflcatIon
`73/37
`73/37
`73/168
`623/21
`
`
`
`
`
`I- vs _—
`Ill—__-
`l__—_
`I—_——
`__——
`__——
`FOREIGN PATENT DOCUMENTS
`
`I__——
`Country Code Number Kind Code
`MM YYYY
`y
`=-—_———
`
`—_———
`
`*A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Ciassifications may be US or foreign.
`U 8 Patent and Trademark Otfice
`PTO-892 (Rev. 01-2001)
`
`Notice of Reterences Cited
`
`Part of Paper No. 20150313
`
`PAGE 10 OF 21
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