`
`UNITED STATES PATENT AND TRADEMARK OPFTIcr
`
`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 ALLOWANCEAND FEE(S) DUE
`
`20686
`
`7590
`
`99/17/2015
`
`DORSEY & WHITNEY, LIP - Denver
`INTELLECTUAL PROPERTY DEPAR'TMEN'!'
`1400 Wowata Street
`Suite 400
`DENVER, CO 80202-5549
`
`EXAMINER
`
`COTEY,PHILIP L
`
`2855
`
`DATE MAILED: 09/17/2015
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`Benjamin McCloskey
`10/24/2014
`14/523,104
`
`TITLE OF INVENTION: FATIGUE TESTING SYSTEM FOR PROSTHETIC DEVICES
`
`P201384.US8.05
`
`3190
`
`
`
`
`
`
`
`ENTITY STATUS PUBLICATION TEE DUEJPREV. PAID ISSUT: PERISSUE TRE DUT TOTAL TTEG) DUT: DATE DUE
`
`
`
` APPIN. TYPE,
`
`nonprovisional
`
`SM.
`
`$480
`
`12/17/2015
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROMISSUE 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 TOTS NOTICE OR TITS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`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.
`
`TOW TO REPLY TO TIOS NOTICE:
`
`I. Review the ENTITY STATUSshown above. If the ENTITY STATUSis shown as SMALL or MICRO,verify whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUSis the same as shownabove, pay the TOTAL FEE(S) DUE shownabove.
`If the ENTITY STATUS is changed from that shown above, on PARTB - FEE(S) TRANSMITTAL, complete section number5 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.
`
`Il. 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 occurdue to the difficulty m recognizing
`the paper as an cquivalent of Part B.
`
`Tif. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEEunless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenancefees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (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
`
`

`

`PARTB - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUL! PLL and PUBLICATION LLL Gif 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 belowor directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEF, ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any changeof address)
`
`09/17/2015
`7590 etn
`20686 ;
`DORSEY & WHITNEY, LLP - Denver
`INTELLECTUAL PROPERTY DEPARTMENT
`1400 Wewatta Street
`Suite 400
`DENVER, CO 80202-5549
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`L'ee(s) ‘lransmittal. ‘Ihis certificate cannot be used for any other accompanying
`papers. Lach additional paper, such as an assignment or formal drawing, must
`haveits owncertificate of mailing or transmission.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Fostal Service with sufficient postagefor first class mailin an envelope
`addressed
`to
`the Mail Stop ISSUE FEE address above, or
`being
`facsimile
`transmitted to the USPTO (571) 273-2885. on the date indicated below.
`
`(Date)
`
`(Depositor's name)
`(Signature)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`
`
` ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Benjamin McCloskey
`10/24/2014
`14/523,104
`‘TEPLE OF INVENTION: LATIGUL ‘TESTING SYSTLM LOR PROSTHETIC DEVICES
`
`P201384.US.05
`
`3190
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`nonprovisional
`
`$480
`
`12/17/2015
`
`EXAMINER
`
`COTEY, PHILIP L
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`2855
`
`073-037000
`
`2. For printing on the patent front page, list
`1. Change of correspondenceaddress or indication of "Fee Address” (37
`)-
`.
`CFR 1.363)
`(1) The namesof up to 3 registered patent attorneys
` [J "Fee Address" indication (or "Fee Address" Indication form
`or agents OR,alternatively,
`LJ Change ofcorrespondence address (or Change of Correspondence
`3
`Address form PTO/SB/122)attached.
`(2) The nameof a single firm (having asamembera=+
`registered attorney or agent) and the names of up to
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`2 registered patent attorneys or agents. If no nameis
`listed, no namewill beprinted.
`Numberis required.
`3. ASSIGNLL: NAML! AND RUSIDUNCL DATTA 'TO BL’ PRINTED ON 'THL PATUN'T(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.
`recordationas set forth in 37 CL'R 3.11. Completion of this form is NOTa substitute for filing an assignment.
`(A) NAME OF ASSIGNEE.
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`
`
`1
`
`3
`
`Please check the appropriate assignee category or categorics (will not be printed on the patent):
`
`LV individual Corporation or other private group entity LJ Government
`
` LI Applicant changing to regular undiscounted fee status.
`
`4a. ‘The following fee(s) are submitted:
`LI Issue Fee
`LJ Publication Fee (No small entity discount permitted)
`LJ Advance Order - # of Copies
`
`4b. Paymentofl'ee(s): (Please first reapply any previously paid issue fee shown above)
`LI A checkis enclosed.
`Ly Paymentby credit card. Form PTO-2038 is attached.
`L] Thedirectoris hereby authorized to charge therequired fee(s), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copyof this form).
`
`
`
`5. Changein Entity Status (from status indicated above)
`LI Applicant certifying micro enlily status. See 37 CFR 1.29
`
`I Applicantasserting small entity status. See 37 CI'R 1.27
`
`NOTE:Absenta valid certification of Micro Entily Status (see forms PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill not be accepted at the risk of application abandonment.
`NO'TL: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:Checkingthis 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 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Authorized Signature
`
`Typed orprinted name
`
`
`Date.
`
`Registration No.
`
`PTOL-85 Part B (10-13) Approved for use through 10/31/2013.
`PAGE 2 OF 21
`
`Page 2 of 3
`
`OMB 0651-0033
`
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`
`
`PAGE 2 OF 21
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OPFTIcr
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`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
`
`
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`14/523,104
`
`10/24/2014
`
`Benjamin McCloskey
`
`P201384.US.05
`
`3190
`
`20686
`
`7590
`
`a9/1 7/2015
`
`DORSEY & WHITNEY, LIP - Denver
`INTELLECTUAL PROPERTY DEPAR'TMEN'!'
`1400 Wewatta Stet
`Suite 400
`DENVER, CO 80202-5549
`
`COTEY,PHILIP L
`
`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)G)
`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 CPR 1.705.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`PAGE 3 OF 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 instrumentthat will be used to collect the information and(ii) requires the
`agency to inform the public about the OMB Control Numbcr’s Icgal 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 informationis required to obtain
`or retain a benefit by the public whichis to file (and by the USPTO to process) an application. Confidentialityis
`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 COMPILETED 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
`respondto a collection of information unless it displays a valid OMB control number.
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant
`to the
`requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
`35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
`the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission
`related to a 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 mayresult in termination of
`proceedings or abandonmentof the application or expiration of the patent.
`
`The information provided by youin this form will be subject to the following routine uscs:
`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 Freedomof Information Act.
`2. Arecord 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 rccord in this system of records may be disclosed, as a routine usc, 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 aspart of that agency's
`responsibility to recommend improvements in records managementpractices 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 otherrelevant(i.e., GSA or Commerce) directive.
`Such disclosure shall not be used to make determinations about individuals.
`8. Arecord fromthis system of records maybe 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 wasfiled in an application which became abandoned or in which the proceedings were terminated
`and which application is referenced by cithcr a published application, an application opcn 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 becomesawareof a violation or potential violation of law or regulation.
`
`PAGE4 OF 21
`
`PAGE 4 OF 21
`
`

`

`
`Application No.
`Applicant(s)
`
`14/523,104
`MCCLOSKEYETAL.
`i
`i
`AIA (First Inventor to
`OeCOTEY
`aes
`File) Status
`No
`
`
`
`z
`aye
`Notice of Allowability
`
`-- The MAILING DATEof 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 atthe initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.KhThis communication is responsive to the submission of 06/17/2015.
`mr declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`:
`
`2. CJ Anelection was madebythe applicant in responsetoarestriction requirement set forth during the interview on ; the restriction
`
`
`requirement and election have been incorporated into this action.
`
`3. K] The allowed claim(s) is/are 1-7. As a result of the allowed claim(s), you may beeligible to benefit from the Patent Prosecution
`Highwayprogram ata participating intellectual property office for the corresponding application. For more information, please see
`
`nito/Awww. uspto gov/patents/init events/oph/index.isp or send an inquiry to PPHieedback@uspte.gov .
`
`4. Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`“*c) J None ofthe:
`a)O All
`b)(1Some
`1. Certified copies of the priority documents have been received.
`2. C1 Certified copies of the priority documents have been received in Application No.
`3. (J Copiesofthe 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 ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. LJ CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`C1
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. [] DEPOSIT OF and/or INFORMATIONabout 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. [J Notice of References Cited (PTO-892)
`2. (] Information Disclosure Statements (PTO/SB/08),
`
`Paper No./Mail Date
`3. [] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4. CF Interview Summary (PTO-413),
`
`Paper No./Mail Date .
`/PHILIP COTEY/
`Examiner, Art Unit 2855
`
`5. IX] Examiner's Amendment/Comment
`6. IX] Examiner's Statement of Reasons for Allowance
`
`7. XJ Other amended .paf of previously mailed 892.
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`Notice of Allowability
`
`Part of Paper No./Mail Date 20150910
`
`PAGE5 OF 21
`
`PAGE 5 OF 21
`
`

`

`Application/Control Number: 14/523,104
`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
`
`referencescitedlist.
`
`A corrected .pdf of the 892 in questionis attached.
`
`Comment Regarding Double Patenting
`
`Claims 1-7 ofthis 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 oneapplication. Applicant is required to either
`
`cancel the patentably indistinct claims from all but one application or maintain a clearline of
`
`demarcation between the applications. See MPEP § 822.
`
`However, pursuant to MPEP § 804 I. B. 2 “The ‘provisional’ double patenting
`
`rejection should continue to be made by the examinerin each application as long as there are
`
`conflicting claims in more than one application unless that ‘provisional’ double patenting
`
`
`rejection is the only rejection remainingin at least one of the applications.” Emphasis added.
`
`Thus, no terminal disclaimer is required for this application but may be required for
`
`application 14/137313.
`
`PAGE6 OF 21
`
`PAGE 6 OF 21
`
`

`

`Application/Control Number: 14/523,104
`Art Unit: 2855
`
`Page 3
`
`EXAMINER’S AMENDMENT
`
`An examiner’s amendmentto the record appears below. Should the changes and/or
`
`additions be unacceptable to applicant, an amendment maybefiled as provided by 37 CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`paymentof the issue fee.
`
`Authorization for this examiner’s amendment wasgiven 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 J) and its location also
`
`in independentclaim 1 distinguish the present invention from the combinedpriorart.
`
`Hencethe 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
`
`PAGE7 OF 21
`
`PAGE 7 OF 21
`
`

`

`Application/Control Number: 14/523,104
`Art Unit: 2855
`
`Page 4
`
`combinethe elements of these references other than applicant’s own reasoningto 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
`
`paymentof the issue fee and, to avoid processing delays, should preferably accompanythe 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 whosetelephone numberis (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 numberfor the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`PAGE8 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
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/Philip Cotey/
`Examiner, Art Unit 2855
`
`/LISA CAPUTO/
`Supervisory Patent Examiner, Art Unit 2855
`
`PAGE9 OF 21
`
`PAGE 9 OF 21
`
`

`

`Notice of References Cited
`
`Application/Control No.
`
`14/523,104
`:
`Examiner
`
`Applicant(s)/Patent Under
`Reexamination
`MCCLOSKEYET AL.
`
`canCodMoCoe
`
`U.S. PATENT DOCUMENTS
`
`Ls
`
`Art Unit
`
` *A copyof this reference is not being furnished with this Office action. (See MPEP § 707.05(a).}
`
`[8|
`
`||
`
`US-2004/0016301 A1
`
`01-2004
`
`Moreno etal.
`
`73/849
`
`La
`eeeee
`TfafsOd]SOTCCOCOC™~—COO[SCS
`
`
`
`
`TT fos: ||Tfisstruckthroughreference1sthepublicationofthecurrent—
`
`
`
`
`
`
`[fa[us|____application.Pleasefrompriorartreferencelist.Thanks.remove
`
`Ttefus+||PhilipCoteyi10SepT20i5|
`PfipfisS—CidC(rOC™—™—OCCCCC‘“‘C
`US-
`
`Dates in MM-YYYY format are publication dates. Classifications may be US orforeign.
`U.S. Patent and Trademark Office
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20150313
`
`PAGE 10 OF 21
`
`PAGE 10 OF 21
`
`

`

`EASTSearch History
`
`EAST Search History
`
`EAST Search History (Prior Art)
`
`
`
`‘Default
`§Plurals {Time
`
`(Operator;{Stamp
`
`
`
`
`1OR
`
`YON
`i
`
`2015/09/10!
`W111:
`i
`
`‘(prosthetic prosthesis artificial) SAME (test
`i tested testing tester measure measuring
`‘| measurement measured evaluate
`4 evaluation evaluating evaluated detect
`{ detecting detector detection detected
`
`
`i
`4! determine determination determining
`
`
`i determined monitor monitoring monitored |
`
`
`‘j sense sensor sensed sensing analyze
`‘
`
`
`| analyzed analysis analyzing inspect$3)
`
`
`| SAME(fluid) AND ((GO1N3/32 A61B19/46 |
`
`
`§ GO1M99/007 A61F2/2472 GO1N2203/0089 |
`1 GO1N2203/0246 GO1N2203/0204
`i
`| GO1N2203/0476).CPC. 73/37.CCLS.) AND
`% (accelerated NEAR cyclic)
`
`
`
`
`7 OR
`
`“(prosthetic prosthesis artificial) SAME (test
`i tested testing tester measure measuring
`{| measurement measured evaluate
`/ evaluation evaluating evaluated detect
`: detecting detector detection detected
`dl
`| determine determination determining
`¥ determined monitor monitoring monitored #
`‘| sense sensor sensed sensing analyze
`analyzed analysis analyzing inspect$3)
`4) SAME (fluid) AND ((GO1N3/32 A61B19/46 |
`| GO1M99/007 A61F2/2472 GO1N2203/0089 |
` GO1N2203/0246 GO1N2203/0204
`4
`§ GO1N2203/0476).CPC. 73/37.CCLS.) AND
`vast evest bast:
`faweeeeeeeeeeees
`t (acceleratedNEARcyclic)
`(prosthetic prosthesis artificial) SAME(test
`| USPAT;
`i tested testing tester measure measuring
`4 USOCR;
`{| measurement measured evaluate
`
`
`
`
`i FPRS;
`¥ evaluation evaluating evaluated detect
`t SPO
`i detecting detector detection detected
`
`
`i
`| determine determination determining
`
`
`i determined monitor monitoring monitored |
`
`
`| sense sensor sensed sensing analyze
`4
`
`
`{| analyzed analysis analyzing inspect$3)
`
`
`SAME(fluid) AND ((GO1N3/32 A61B19/46 |
`
`
`: GO1M99/007 A61F2/2472 GO1N2203/0089 i
`
`
`i GO1N2203/0246 GO1N2203/0204
`,
`
`
`:
`: GO1N2203/0476).CPC. 73/37.CCLS.) AND jj
`
`“L(accelerat$3) AB,TICUM.cssLess
`
`"20090234788". PN.
`#US-PGPUB; OR
`| USPAT;
`
`4 USOCR;
`|
`i
`
`| DERWENT:
`:
`(prosthetic prosthesis artificial heart) SAME {jUS-PGPUB; OR
`§ 14:38
`i (test tested testing tester measure
`i USPAT;
`;
`:
`| measuring measurement measured
`| USOCR;
`|
`4 evaluate evaluation evaluating evaluated—4 FPRS;
`# detect detecting detector detection
`y IPO
`i detected determine determination
`
`
`
`|
`§
`
`HOR
`;
`
`Saeed Gasbe Aes
`
`
`
`
`
`2113
`
`i
`
`EAS''SearchHistory.14523104_AccessibleVersion.htm| 9/10/2015 4:50:57 PM|
`PAGE 11 OF 21
`
`PAGE 11 OF 21
`
`

`

`
`
`i
`determining determined monitor
`monitoring monitored sense sensor sensed |
`4 sensing analyze analyzed analysis analyzing|
`{
`insoect$3) SAME(fluid) AND ((GO1N3/32
`4
`: A61B19/46 GO1M99/007 A61F2/2472
`| GO1N2203/0089 GO1N2203/0246
` GO1N2203/0204 GO1N2203/0476).CPC.
`| 73/37.0CLS.) AND
`a beansCACCCIOARSS)AB.TNCLM.sess
`(prosthetic prosthesisartificial heart).TI,AB. :
`| AND (test tested testing tester measure
`| measuring measurement measured
`evaluate evaluation evaluating evaluated
`i detect detecting detector detection
`i detected determine determination
`4
`i determining determined monitor
`: monitoring monitored sense sensor sensed |}
`sensing analyze analyzed analysis analyzing
`j
`inspect$3) SAME (fluid) AND ((GO1N3/32
`$ A61B19/46 GO1M99/007 A61F2/2472
`1 GO1N2203/0089 GO1N2203/0246
`1 GO1N2203/0204 GO1N2203/0476).CPC.
`| 73/37.CCLS.) AND
`
`
`osbenses {apeeral§9)Aestan
`
`EASTSearch History
`
`18 or US-20110146385-$ or US.
`|
`420110066237-$ or US-20090132043-$ or
`1 US-20070185534-$ or US-20030199083-$ |
`t or US-20030110830-$ or US-20020116054-|
`43 or US-20030066338-$).did. or (US-
`4
`16062075-$ or US-5670708-$ or US-
`14682491-$ or US-8318414-$ or US-
`#8196478-$ or US-8034608-$ or US-
`17587949-$ or US-7363821-$ or US-
`17254988-$ or US-5792603-$ or US-
`15531094-$ or US-5528944-$ or US-
`#5406857-$ or US-5272909-$ or US-
`15176153-$ or US-4972721-$ or US
`14546642-$ or US-4450710-$ or US-
`|
`14381663-$ or US-3911735-$).did. or (WO-
`#2010102185-$ or WO-2010022669-S or CA-|
`vs bamuans(2438336-8)did.or(JP-08086728-§)did.
`$24 AND accelerated
`
`
`cial heart).
`(prosthetic prosthesis
`: AND ((test tested testing tester measure
`‘| measuring measurement measured
`| USOCR;
`{| evaluate evaluation evaluating evaluated—| FPRS;
`| detect detecting detector detection
`yj JPO
`| detected determine determination
`i
`: determining determined monitor
`i monitoring monitored sense sensor sensed
`i sensing analyze analyzed analysis analyzing!
`4!
`inspect$3) SAME (fluid$3)) AND (excess
`|
`NEAR volume) AND ((G01N3/32 A61B19/46}
`4 GO1M99/007 A61F2/2472 GO1N2203/0089 |
`| GO1N2203/0246 GO1N2203/0204
`d
`
`EAS''SearchHistory.14523104_AccessibleVersion.htm|9/10/2015 4:50:57 PM|
`PAGE 12 OF 21
`
`PAGE 12 OF 21
`
`

`

`
`
`d (accelerat$3).AB, Tl,CLM.
`(prosthetic prosthesis artificial heart).T| ,AB. JUSPGPUB;,TOR
`eo18/09/10
`| AND ((test tested testing tester measure
`y 14:45
`
`| Measuring measurement measured
`# evaluate evaluation evaluating evaluated
`
`i detect detecting detector detection
`
`i detected determine determination
`
`: determining determined monitor
`i
`
`monitoring monitored sense sensor sensed |
`
`i sensing analyze analyzed analysis analyzing
`
`f
`inspect$3) SAME(fluid$3)) AND (excess
`|
`
`NEAR volume) AND ((G01N3/32 A61B1 9/46)
`
`| GO1M99/007 A61F2/2472 GO1N2203/0089 |
`
`1 GO1N2203/0246 GO1N2203/0204
`4
`
`
`
`
`§ GO1N2203/0476).CPC. 73/37.CCLS.)
`
`‘(prosthetic prosthesis artificial heart).TI,AB. |
`4 AND(test tested testing tester measure
`
`‘| measuring measurement measured
`| evaluate evaluation evaluating evaluated
`
`| detect detecting detector detection
`
`| detected determine determination
`
`
`i determining determined monitor
`,
`# monitoring monitored sense sensor sensed |
`
`i sensing analyze analyzed analysis analyzing
`
`{|
`inspect$3) SAME (fluid) AND
`
` (accelerat$3).AB,TI ,CLM. AND ((GO1N3/32 |
`
`: A61B19/46 GO1M99/007 A61F2/2472
`i
`
`4¥ GO1N2203/0089 GO1N2203/0246
`
`
`| GO1N2203/0204 GO1N2203/0476).CPC.
`| 73/37.0CLS.) AND
`
`
`2015/09/10:
`14:47
`3
`
`(prosthetic prosthesis artificial heart).T|,AB.
`| AND ((test tested testing tester measure
`| measuring measurement measured
`
`/ evaluate evaluation evaluating evaluated
`
`| detect detecting detector detection
`
`| detected determine determination
`
`
`# determining determined monitor
`,
`i monitoring monitored sense sensor sensed |
`
`: sensing analyze analyzed analysis analyzing
`
`i
`inspect$3) SAME (fluid)) AND
`
`| (accelerat$3).AB,TI,CLM. AND ((GO1N3/32 |
`
`| AG1B19/46 GO1M99/007 A61F2/2472
`4
`
`4) GO1N2203/0089 GO1N2203/0246
`
`
`% GO1N2203/0204 GO1N2203/0476) .CPC.
`
`| 73/37.CCLS.) AND
`
`4{{ (accelerat$3).AB,TI,CLM.
`
`‘(prosthetic prosthesis artificial heart).TI,“AB,
`| AND ((test tested testing tester measure
`
`| measuring measurement measured
`i evaluate evaluation evaluating evaluated
`
`i detect detecting detector detection
`
`{| detected determine determination
`
`
`| determining determined monitor
`y
`i monitoring monitored sense sensor sensed |
`
`sensing analyze analyzed analysis analyzing
`
`i
`inspect$3) SAME (fluid)) AND (excess
`|
`
`NEAR volume