throbber
Case 1:17-cv-00500-ER Document 3 Filed 05/02/17 Page 1 of 1 PageiD #: 206
`
`A.O 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERJ\HNA TION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`[n Compliance with 3.5 lLS.C § 290 and/or 15 U.S.C. § 1116 you are hereby advised tha1 a court action has been
`District of Delaware
`filed in the U.S. District Court
`on the following
`G1 Patents.
`[J Trademarks or
`( [J the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`
`PLAIJ.'\fTIFF
`
`DDR Holdings, LLC
`
`DATEHLED
`5/2/2017
`
`U.S. DlSTRlCT COURT
`
`District of Delaware
`
`DEFENDANT
`
`TicketNetwork, Inc.
`
`PATENTOR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 US 7,818,399 B1
`
`'1 us 8,5"15,825 8"1
`
`3 us 9,043,228 81
`
`10/19/2010
`
`DDR Holdings, LLC
`
`8/20/20"13
`
`DDR Holdings, LLC
`
`5/26/2015
`
`DDR Holdings, LLC
`
`4 US 9,639,876 B!
`
`5/2/2017
`
`DDR Holdings, LLC
`
`5
`
`In the above-entitled case, the follovving patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENTOR
`TRADEMARK NO.
`
`INCLUDED BY
`
`n Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`[J Answer
`
`[J Cross Bill
`
`[J Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`[n the above ---entitled case. the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`I (BY) DEPUTY CLERK
`
`Copy 1-----l..Jpon initiation or action, mail this copy to Birector Copy 3-----lJpon termirmtion oi' action, m~lil this eopy to Director
`Copy 2-----Upon flling document adding patent(s), mail this eopy to Director Copy 4-----Case file eopy
`
`DDR Holdings, LLC - Ex. 2005
`Shopify, Inc. v. DDR Holdings, LLC
`IPR2018-01008
`
`

`

`

`

`

`

`

`

`

`

`

`

`

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`

`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`APPLICATION NO.
`DATED
`INVENTOR(S)
`
`: 9,043,228 Bl
`: 13/970515
`: May 26, 2015
`: D. Delano Ross, Jr. et al.
`
`Page 1 of 1
`
`It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
`
`Page 4, under item (56), column 2, line 23: before "Sabre" insert-- Ng; "Looking For New Electronic
`Products to Help Manage Your Business? --
`
`Signed and Sealed this
`Twenty-third Day of February, 2016
`
`Michelle K. Lee
`Director of the United States Patent and Trademark Office
`
`Page 10
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant
`
`Serial No.
`
`Filing Date
`
`Title
`
`Ross, D. Delano, Jr., et al. Patent No
`
`9,043,228
`
`13/970,515
`
`Examiner
`
`Garg, Y ogesh C.
`
`Conf. No.
`
`08/19/2013
`Specially programmed computer server serving pages offering
`commercial opportunities for merchants through coordinated
`offsite marketing
`
`2289
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Filed via EFS-Web- June 29, 2015
`
`REQUEST FOR CERTIFICATE OF CORRECTION
`
`Dear Sir:
`
`Enclosed is a proposed Certificate of Correction correcting an error made in the
`
`printing of the "References Cited" section of this patent.
`
`The change arises from a missing line of text that was not included in the
`
`printing of a reference [see attachments to Office Action dated 10/11/13, the References
`
`cited by Applicant and considered by Examiner at page 11 (reference 230).
`
`Because the error for which this Certificate of Correction is sought is due to a
`
`mistake on the part of the Office, no fee is due (35 U.S.C. 254). Please forward the
`
`Certificate to assignee's attorney at the address below.
`
`Dated: June 29, 2015
`
`Respectfully submitted,
`
`DDR HOLDINGS, LLC.
`
`by its attorney
`
`/Louis I. Hoffman/
`Louis J. Hoffman
`Reg. No. 38,918
`
`LOUIS J. HOFFMAN, P.C.
`14301 North 87th Street Suite 312
`Scottsdale, Arizona 85260
`( 480) 948-3295
`
`Page 11
`
`

`

`PTO/SB/44 (09-07)
`Approved for use through 08/31/2013. OMB 0651-0033
`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.
`(Also Form PT0-1050)
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`
`9,043,228 B1
`
`APPLICATION NO.: 13/970,515
`
`ISSUE DATE
`
`May 26,2015
`
`INVENTOR(S)
`
`D. Delano Ross, Jr., et al.
`
`Page _1_ of _1_
`
`It is certified that an error appears or errors appear in the above-identified patent and that said Letters Patent
`is hereby corrected as shown below:
`Page 4, column 2, line 23: before "Sabre" insert-- Ng; "Looking For New Electronic Products to Help Manage
`Your Business?--
`
`MAILING ADDRESS OF SENDER (Please do not use customer number below):
`Louis J. Hoffman, P.C.
`14301 North 87th Street, Suite 312
`Scottsdale, Arizona 85260
`This collection of information is required by 37 CFR 1.322, 1.323, and 1.324. 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 1.0 hour 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, VA 22313-1450. DO NOT SEND FEES OR COMPLETED
`FORMS TO THIS ADDRESS. SEND TO: Attention Certificate of Corrections Branch, Commissioner for Patents, P.O. Box 1450, Alexandria,
`VA22313-1450.
`
`If you need assistance in completing the form, ca/11-800-PT0-9199 and select option 2.
`
`Page 12
`
`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`22777039
`
`13970515
`
`International Application Number:
`
`Confirmation Number:
`
`2289
`
`Title of Invention:
`
`A specially programmed computer server serving pages offering commercial
`opportunities for merchants through coordinated offsite marketing
`
`First Named Inventor/Applicant Name:
`
`D. Delano Ross
`
`Customer Number:
`
`26362
`
`Filer:
`
`Louis J. Hoffman/Donald Hertz
`
`Filer Authorized By:
`
`Louis J. Hoffman
`
`Attorney Docket Number:
`
`23-CON4
`
`Receipt Date:
`
`Filing Date:
`
`TimeStamp:
`
`29-JUN-2015
`
`19-AUG-2013
`
`18:13:07
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`I no
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size( Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(ifappl.)
`
`1
`
`Request for Certificate of Correction
`
`15-06-29-DDR-CON4-
`Rqst_ Cert_ Correct. pdf
`
`35796
`
`432761 05a018aecf1 bf7281 e7b60ae16dbc
`c098
`
`no
`
`1
`
`Warnings:
`
`Information:
`
`Page 13
`
`

`

`2
`
`Request for Certificate of Correction
`
`15-06-29-DDR_CON4-
`CertofCorr-9043228.pdf
`
`98340
`
`no
`
`1
`
`050ec28786e00878d42fb4fd7120ed522e 1
`73a3e
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes)
`
`134136
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the 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 A~~lications Under 35 U.S.C. 111
`If a 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 A~~lication under 35 U.S.C. 371
`If a 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 A~~lication Filed with the USPTO as a Receiving Office
`If a 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 181 0), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/1 OS) 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.
`
`Page 14
`
`

`

`To:
`From:
`Cc:
`Subject:
`
`Louis@valuablepatents.com,donald@valuablepatents.com,shaelyn@valuablepatents.com
`PAIR_eOfficeAction@uspto.gov
`PAIR_eOfficeAction@uspto.gov
`Private PAIR Correspondence Notification for Customer Number 26362
`
`May 07,2015 05:27:08 AM
`
`Dear PAIR Customer:
`
`LOUIS J. HOFFMAN, P.C.
`14301 North 87th Street, Suite 312
`Scottsdale, AZ 85260
`UNITED STATES
`
`The following USPTO patent application(s) associated with your Customer Number, 26362 , have
`new outgoing correspondence. This correspondence is now available for viewing in Private PAIR.
`
`The official date of notification of the outgoing correspondence will be indicated on the form PTOL-90
`accompanying the correspondence.
`
`Disclaimer:
`The list of documents shown below is provided as a courtesy and is not part of the official file
`wrapper. The content of the images shown in PAIR is the official record.
`
`Application
`13970515
`
`Document
`ISSUE.NTF
`
`Mailroom Date
`05/06/2015
`
`Attorney Docket No.
`23-CON4
`
`To view your correspondence online or update your email addresses, please visit us anytime at
`https :/ /sportal. uspto .gov/secu re/myportal/privatepair.
`
`If you have any questions, please email the Electronic Business Center (EBC) at EBC@uspto.gov
`with 'e-Office Action' on the subject line or call1-866-217-9197 during the following hours:
`
`Monday- Friday 6:00a.m. to 12:00 a.m.
`
`Thank you for prompt attention to this notice,
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT APPLICATION INFORMATION RETRIEVAL SYSTEM
`
`Page 15
`
`

`

`

`

`

`

`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
`(571)-273-2885
`
`or Fax
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks l through 5 should be completed where
`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 l, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`26362
`7590
`LOUIS J. HOFFMAN, P.C.
`14301 North 87th Street, Suite 312
`Scottsdale, AZ 85260
`
`01/21/2015
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(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 Mailing or Transmission
`I hereby certify that this fee transmittal is being filed with the
`USPTO via the EFS-Web system on the date indicated below.
`
`Donald L. Hertz
`/Donald L. Hertz/
`04/20/2015
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/970,515
`
`08119/2013
`
`D. Delano Ross JR.
`
`23-CON4
`
`2289
`
`TITLE OF INVENTION: A specially programmed computer server serving pages offering commercial opportunities for merchants through coordinated
`offsite marketing
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`04/2112015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`GARG, YOGESH C
`
`3625
`
`705-026410
`
`l. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(l) 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.
`
`Louis J. Hoffman
`
`2 ________________________ _
`
`3 ________________________ _
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`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)
`
`DDR HOLDINGS, LLC
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 621 Corporation or other private group entity 0 Government
`
`DUNWOODY, GA
`
`4a. The following fee(s) are submitted:
`eJ Issue Fee
`Ill Publication Fee (No small entity discount permitted)
`0 Advance Order-# of Copies __ __ ___ __ _
`
`4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)
`0 A check is enclosed.
`eJ Payment by credit card. (through EFS-Web system)
`0 The director is hereby authorized to charge the required fee( s ), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`0 Applicant certifying micro entity status. See 37 CFR 1.29
`0 Applicant asserting small entity status. See 37 CFR 1.27
`0 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/l5A and l5B), 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: 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.
`
`/Louis J. Hoffman/
`. d s·
`ut onze
`tgnature __ __ _ ___ _ __ _ ___ _ _____ _
`A h
`
`Typedorprintedname Louis J. Hoffman
`
`04/20/2015
`ate _______ __ ______ ____ _
`D
`Registration No. _3_8_9_1_8 ________________________ _
`
`PTOL-85 Part B (10-13) Approved for use through 10/3112013.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of3
`
`Page 18
`
`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`13970515
`
`19-Aug-2013
`
`Title of Invention:
`
`A specially programmed computer server serving pages offering commercial
`opportunities for merchants through coordinated offsite marketing
`
`First Named Inventor/Applicant Name:
`
`D. Delano Ross
`
`Filer:
`
`Louis J. Hoffman/Donald Hertz
`
`Attorney Docket Number:
`
`23-CON4
`
`Filed as Large Entity
`
`Filing Fees for Utility under 35 USC 111 (a)
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Page 19
`
`

`

`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Utility Appllssue Fee
`
`Publ. Fee- Early, Voluntary, or Normal
`
`1501
`
`1504
`
`1
`
`1
`
`960
`
`0
`
`960
`
`0
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Total in USD ($)
`
`960
`
`Page 20
`
`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`22109596
`
`13970515
`
`International Application Number:
`
`Confirmation Number:
`
`2289
`
`Title of Invention:
`
`A specially programmed computer server serving pages offering commercial
`opportunities for merchants through coordinated offsite marketing
`
`First Named Inventor/Applicant Name:
`
`D. Delano Ross
`
`Customer Number:
`
`26362
`
`Filer:
`
`Louis J. Hoffman/Donald Hertz
`
`Filer Authorized By:
`
`Louis J. Hoffman
`
`Attorney Docket Number:
`
`23-CON4
`
`Receipt Date:
`
`Filing Date:
`
`TimeStamp:
`
`20-APR-2015
`
`19-AUG-2013
`
`15:11:22
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`yes
`
`Credit Card
`
`$960
`
`1737
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Page 21
`
`

`

`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size( Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(ifappl.)
`
`1
`
`Issue Fee Payment (PTO-BSB)
`
`15-04-20-DDR-CON4-
`lssue_fee_pay.pdf
`
`135023
`
`01 a2f6b26e0427dd34e71 a64698ab9d77a
`87d1a
`
`no
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`1
`
`Warnings:
`
`Information:
`
`2
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`Fee Worksheet (SB06)
`
`fee-info. pdf
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`no
`
`2
`
`32167
`
`3909372e9f43a427a4655ee8b6b38ec2b42
`c9efc
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes)
`
`167190
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the 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 A~~lications Under 35 U.S.C. 111
`If a 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 A~~lication under 35 U.S.C. 371
`If a 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 A~~lication Filed with the USPTO as a Receiving Office
`If a 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 181 0), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/1 OS) 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.
`
`Page 22
`
`

`

`

`

`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
`(571)-273-2885
`
`or Fax
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks l through 5 should be completed where
`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 l, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`26362
`7590
`LOUIS J. HOFFMAN, P.C.
`14301 North 87th Street, Suite 312
`Scottsdale, AZ 85260
`
`01/21/2015
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(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 Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in 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.
`
`(Depositor's name)
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`13/970,515
`
`08119/2013
`
`D. Delano Ross JR.
`
`23-CON4
`
`2289
`
`TITLE OF INVENTION: A specially programmed computer server serving pages offering commercial opportunities for merchants through coordinated
`offsite marketing
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`04/2112015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`GARG, YOGESH C
`
`3625
`
`705-026410
`
`l. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`0 Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page, list
`(l) 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.
`
`2 ________________________ _
`
`3 ________________________ _
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent. If an assignee is identified below, the document has been filed for
`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)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : 0 Individual 0 Corporation or other private group entity 0 Government
`
`4a. The following fee(s) are submitted:
`0 Issue Fee
`0 Publication Fee (No small entity discount permitted)
`0 Advance Order- #of Copies _________ __
`
`4b. Payment ofFee(s): (Please first reapply any previously paid issue fee shown above)
`0 A check is enclosed.
`0 Payment by credit card. Form PT0-2038 is attached.
`0 The director is hereby authorized to charge the required fee( s ), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`0 Applicant certifying micro entity status. See 37 CFR 1.29
`0 Applicant asserting small entity status. See 37 CFR 1.27
`0 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/l5A and l5B), 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: 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 _______________________ _
`
`Date _____________________ __
`
`Typed or printed name ______________________ __
`
`Registration No. ________________ _
`
`PTOL-85 Part B (10-13) Approved for use through 10/3112013.
`
`OMB 0651-0033
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of3
`
`Page 24
`
`

`

`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and
`Budget approval before requesting most types of information from the public. When OMB approves an agency
`request to collect information from the public, OMB (i) provides a valid OMB Control Number and expiration
`date for the agency to display on the instrument that will be used to collect the information and (ii) requires the
`agency to inform the public about the OMB Control Number's legal significance in accordance with 5 CFR
`1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary
`depending upon the individual case. Any comments on the amount of time you require to complete this form
`and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT
`SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box
`1450, Alexandria, Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to
`respond to a collection of information unless it displays a valid OMB control number.
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection 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 may result in termination of
`proceedings or abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records
`may be disclosed to the Department of Justice to determine whether disclosure of these records is required
`by the Freedom of Information Act.
`2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
`request involving an individual, to whom the record pertains, when the individual has requested assistance
`from the Member with respect to the subject matter of the record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to
`comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
`of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C.
`218(c)).
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
`Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's
`responsibility to recommend improvements in records management practices and programs, under authority
`of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations
`governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive.
`Such disclosure shall not be used to make determinations about individuals.
`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication
`of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a
`record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the
`record was filed in an application which became abandoned or in which the proceedings were terminated
`and which application is referenced by either a published application, an application open to public
`inspection or an issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`Page 26
`
`

`

`Notice of Allowability
`
`Application No.
`13/970,515
`Examiner
`YOGESH C. GARG
`
`Applicant(s)
`ROSS ET AL.
`Art Unit
`3625
`
`AlA (First Inventor to
`File) Status
`No
`
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address-(cid:173)
`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 ALLOW ABILITY 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. [8J This communication is responsive to 12124/2014.
`D A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on ___ .
`2. D An election was made by the applicant in response to a restriction requirement set forth during the interview on __ ; the restriction
`requirement and election have been incorporated into this action.
`
`3.[8J The allowed claim(s) is/are 71-86. 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
`~;tt.Q://'II.ww.us_Qto.gov/gatents/init events/Qgh/indexjs.Q or send an inquiry to PPHfeedback@uSillto.aov .
`4. D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`*c) D None of the:
`a) D All
`b) D Some
`1. D Certified copies of the priority documents have been received.
`2. D Certified copies of the priority documents have been received in Application No. __ .
`3. D Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received: __ .
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDON

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