Case S18-cv-00356-48-SP Documents Filed O2/20/18 Page lofi Page iD #81
`
`TRADEMARK
`
`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 DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the U.S. District Court
`Central District of California, Eastern Division
`on the following
`(Trademarks or
`Patents.
`( [1 the patent action involves 35 U.S.C.§ 292.):
`
`DOCKET NO.
`
`PLAINTIFF
`
`DATE FILED
`2/20/2018
`
`U.S. DISTRICT COURT
`Central District of California, Eastern Division
`DEFENDANT
`
`Sleep Number Corporation
`
`Sizewise Rentals, L.L.C.
`
`HOLDER OF PATENT OR TRADEMARK
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`C1 Amendment
`ONTRADOF PATENT
`
`1 Answer
`
`1 Cross Bill
`
`C1 Other Pleading
`
`In the above—entitled case, the following decision has been rendered or judgementissued:
`
`DECISION/JUDGEMENT CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Uponinitiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Uponfiling documentadding patent(s), mail this copy to Director Copy 4—Case file copy
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 1
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 1
`
`

`

`Case S18-cv-00357-48-SP DocumentS Filed O2/20/18 Page lofi Page iD #81
`
`TRADEMARK
`
`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 DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the U.S. District Court
`Central District of California, Eastern Division
`on the following
`(Trademarks or
`Patents.
`( [1 the patent action involves 35 U.S.C.§ 292.):
`
`DOCKET NO.
`
`PLAINTIFF
`
`DATE FILED
`2/20/2018
`
`U.S. DISTRICT COURT
`Central District of California, Eastern Division
`DEFENDANT
`
`Sleep Number Corporation
`
`American National Manufacturing, Inc.
`
`HOLDER OF PATENT OR TRADEMARK
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`C1 Amendment
`ONTRADOF PATENT
`
`1 Answer
`
`1 Cross Bill
`
`C1 Other Pleading
`
`In the above—entitled case, the following decision has been rendered or judgementissued:
`
`DECISION/JUDGEMENT CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Uponinitiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Uponfiling documentadding patent(s), mail this copy to Director Copy 4—Case file copy
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 2
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 2
`
`

`

`AO 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
`
`TRADEMARK
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENTOR
`
`in Compliance with 35 U.S.C. § 290 and/or £5 U.S.C. § 1116 vou are hereby advised that a court action has been
`filed inthe U.S. District Court
`Northern District of Texas, Dallas Division
`onthe folowing
`FJ] Trademarks or
`ff Patents.
`the patent action involves 35 U.S.C. § 292.):
`
`(CJ
`
`(
`
`Sleep Number Corporation
`HOLDER OF PATENT OR TRADEM:
`
`DOCKET NO.
`3:17-cv-3517-B
`PLAINTIFF
`
`DATE FILED
`12/29/2017
`
`U.S. DISTRICT COURT
`Northern District of Texas, Dallas Division
`DEFENDANT
`
`Sleep Number Corporation
`
`American National Manufacturing Inc
`
`PATENT OR
`TRADEMARKNO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`:
`ONT
`:
`;
`HOLDER OF PATENT OR TRADEM:
`
`ARK
`
`§,904,172
`
`2 9,737,154
`
`3 8,769,747
`
`5/18/1999
`
`8/22/2017
`
`7/8/2014
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENTOR
`TRADEMARK NO.
`
`Ci Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`[i Answer
`
`{7} Cross Bilt
`-
`
`(] Other Pleading
`ARK
`
`.
`
`In the above-—entitled case, the following decision tts been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`Plaintiffs Notice of Voluntary Dismissalfiled (copy attached).
`
`
`
`
`
`CLERK
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`s/K. Cheng
`
`DATE
`
`2/20/2018
`
`Copy i-—Upon initiation of action, mail this copy to Director Copy 3-—-Upon terminatina ofaction, mail this copy to Director
`Copy 2---Upon filing document adding patent(s), mail this copy to Director Copy 4---Case file copy
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 3
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
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`

`

`Case 3:17-cv-03517-N Document 27 Filed 02/20/18 Page1of3 PagelD 130
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERNDISTRICT OF TEXAS
`DALLASDIVISION
`
`SLEEP NUMBER CORPORATION,
`
`Plaintiff,
`
`Vv.
`
`AMERICAN NATIONAL
`MANUFACTURING,INC.,
`
`Defendant.
`
`
`
`Civil Action No. 3:17-cv-03517-N
`
`JURY TRIAL DEMANDED
`
`PLAINTIFE’S NOTICE OF VOLUNTARY DISMISSAL
`
`Pursuant to Fed. R. Civ. P. 41(a)(1)(A)Q@), Plaintiff Sleep Number Corporation hereby
`
`gives notice that the above-captioned action is voluntarily dismissed, without prejudice, against
`
`Defendant American National Manufacturing, Inc. This notice is being filed with the Court
`
`before Defendant has served an Answer or Motion for Summary Judgmentin this action and thus
`
`does not require a court order.
`
`Dated: February 20, 2018
`
`/s/ Amy E. LaValle
`AmyE. LaValle
`State Bar No. 24040529
`WICK PHILLIPS GOULD & MARTIN, LLP
`3131 McKinney Avenue, Suite 100
`Dallas, TX 75204
`Tel: (214) 692-6200
`Fax: (214) 692-6255
`amy.lavalle @ wickphillips.com
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 4
`
`Sleep Number Corp.
`EXHIBIT 2003
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`

`

`Case 3:17-cv-03517-N Document 27 Filed 02/20/18 Page 2of3 PagelD 131
`
`Steven A. Moore (admitted pro hac vice)
`Nicole S. Cunningham (admitted pro hac vice)
`PILLSBURY WINTHROP
`SHAW PITTMAN LLP
`501 West Broadway, Suite 1100
`San Diego, CA 92101-3575
`Tel: (619) 234-5000
`Fax: (619) 236-1995
`callie.bjurstrom @ pillsburylaw.com
`steve.moore @ pillsburylaw.com
`nicole.cunningham @ pillsburylaw.com
`
`Kecia J. Reynolds (admitted pro hac vice)
`PILLSBURY WINTHROP
`SHAW PITTMAN LLP
`1200 Seventeenth Street, NW
`Washington, DC 20036
`Tel: (202) 663-8000
`Fax: (202) 663-8007
`kecia.reynolds @ pillsburylaw.com
`
`AndrewS. Hansen (admitted pro hac vice)
`Archana Nath (admitted pro hac vice)
`Elizabeth A. Patton (admitted pro hac vice)
`FOX ROTHSCHILD LLP
`Campbell Mithun Tower, Suite 2000
`222 South Ninth Street
`Minneapolis, MN 55402
`Tel: (612) 607-7000
`Fax: (612) 607-7100
`ahansen @ foxrothschild.com
`anath @ foxrothschild.com
`epatton @ foxrothschild.com
`
`2
`
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 5
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`Sleep Number Corp.
`EXHIBIT 2003
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`

`Case 3:17-cv-03517-N Document 27 Filed 02/20/18 Page 3of3 PagelD 132
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that on February 20, 2018, a true and correct copy of the
`
`foregoing was served electronically via this Court’s CM/ECEFsystem onall parties receiving
`
`electronic notice.
`
`/s/ Amy E. LaValle
`AmyE. LaValle
`
`3
`
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 6
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 6
`
`

`

`AO 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
`
`TRADEMARK
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the U.S. District Court
`Northern District of Texas, Dallas Division
`onthe following
`_] Trademarks or
`[7 Patents.
`( (] the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`3:17-cv-3518-M
`PLAINTIFF
`
`DATEFILED
`12/29/2017
`
`U.S. DISTRICT COURT
`Northern District of Texas, Dallas Division
`DEFENDANT
`
`Sleep Number Corporation
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARKNO.
`
`L] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`L] Answer
`
`C] Cross Bill
`
`L] Other Pleading
`
`Sizewise Rentals LLC
`HOLDER OF PATENT OR TRADEMARK
`2/20/2018
`
`In the above—entitled case, the following decision has been rendered or judgementissued:
`DECISION/JUDGEMENT
`
`Notice of Dismissal
`
`CLERK
`
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`
`s/Y. Pace
`
`DATE
`
`Copy 1—Uponinitiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Uponfiling document adding patent(s), mail this copy to Director Copy 4—Casefile copy
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 7
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 7
`
`

`

`AO 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
`
`TRADEMARK
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the U.S. District Court
`Northern District of Texas, Dallas Division
`onthe following
`_] Trademarks or
`[7 Patents.
`( (] the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`3:17-cv-3517-B
`PLAINTIFF
`
`DATEFILED
`12/29/2017
`
`U.S. DISTRICT COURT
`Northern District of Texas, Dallas Division
`DEFENDANT
`
`Sleep Number Corporation
`
`American National Manufacturing Inc
`HOLDER OF PATENT OR TRADEMARK
`12/29/2017
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARKNO.
`
`L] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`L] Answer
`
`C] Cross Bill
`
`L] Other Pleading
`
`In the above—entitled case, the following decision has been rendered or judgementissued:
`DECISION/JUDGEMENT
`
`CLERK
`
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`
`s/A. Lowe
`
`DATE
`
`Copy 1—Uponinitiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Uponfiling document adding patent(s), mail this copy to Director Copy 4—Casefile copy
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 8
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 8
`
`

`

`AO 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
`
`TRADEMARK
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the U.S. District Court
`Northern District of Texas, Dallas Division
`onthe following
`_] Trademarks or
`[7 Patents.
`( (] the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`3:17-cv-3518-M
`PLAINTIFF
`
`DATEFILED
`12/29/2017
`
`U.S. DISTRICT COURT
`Northern District of Texas, Dallas Division
`DEFENDANT
`
`Sleep Number Corporation
`
`Sizewise Rentals LLC
`HOLDER OF PATENT OR TRADEMARK
`12/29/2017
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARKNO.
`
`L] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`L] Answer
`
`C] Cross Bill
`
`L] Other Pleading
`
`In the above—entitled case, the following decision has been rendered or judgementissued:
`DECISION/JUDGEMENT
`
`CLERK
`
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`
`s/A. Lowe
`
`DATE
`
`Copy 1—Uponinitiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Uponfiling document adding patent(s), mail this copy to Director Copy 4—Casefile copy
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 9
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 9
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`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspio.gov
`
`FISH & RICHARDSONPC(TC)
`PO BOX 1022
`
`MINNEAPOLIS MN 55440-1022
`
`In re Patent No. 9,737,154
`Mahoney,et al.
`Issue Date: 08/22/2017
`Application No. 14/283,675
`Filing or 371(c) Date: May 21, 2014
`Docket No.: 39870-0048002
`
`ee
`
`i A (|
`
`(L [E 0
`
`DEC 12 2017
`
`OFFICE OF PETITIONS
`
`:
`: ON REDERMINATION
`: OF
`: PATENT TERM ADJUSTMENT
`:
`
`This is a redetermination of the patent term adjustment in responseto the application for patent
`term adjustment, filed October 23, 2017, requesting that the patent term adjustmentfor the above
`identified patent be corrected from 16 days to 134 days.
`
`This redetermination of patent term adjustmentis not the Director's decision on the
`applicant's request for reconsideration for purposes of seeking judicial review under
`35 U.S.C. §154(b)(4).
`
`On July 19, 2016, the above-identified application matured into U.S. Patent No. 9,737,154. The
`patent issued with a PTA of 16 days. The PTA of 16 days was calculated based on 456 days of
`“A”delay plus 93 days of “B” delay, reduced by 533 days of Applicant delay.
`
`The presentpetition
`
`Patentees argue that the Office improperly calculated the Applicant delay during the period of
`abandonment, pursuant to 37 CFR 1.704(c)(3). The Office mailed a Notice to File Missing
`Parts on June 5, 2014. This Notice set an extendable period for reply of two months. No
`extensions of time were obtained. Assuch, the application became abandoned on August 6,
`2014. On February 17, 2015, Applicants filed a petition to revive under 37 CFR 1.137(a). The
`petition to revive was granted in a decision mailed on September 21, 2015. Applicants were
`assessed 315 days of Applicant delay under 37 CFR 1.704(c)(3) for the abandonmentofthe
`
`Sleep Number Corp.
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`Patent No. 9,737,154
`
`Page 2
`
`application. Patenteesassert that they should have instead been assessed 285 days. Patentees’
`argumenthas been considered, but is not persuasive.
`
`37 CFR 1.704(c)(3) states that PTA shall be reduced by the number of days beginning on the
`date of abandonmentof the application, and ending onthe earlierof:
`
`i) The date of mailing of the decision reviving the application or accepting late payment
`of the issue fee; or
`(ii) The date that is four monthsafter the date the grantable petition to revive the
`application or accept late paymentof the issue fee was filed.
`
`Here,the date that is four months after the datethe grantable petition to revive wasfiled is June
`17, 2015. Accordingly, Applicant delay under 37 CFR 1.704(c)(3) begins on the date of the
`abandonmentofthe application, or August 6, 2014, and ends on June 17, 2015, which equals 315
`days.
`
`In addition, Patentees argues that the 27 day period of Applicant delay they were assessed on
`February 17, 2015 overlaps with the 315 days they were assessed for the abandonmentofthe
`application. Patentees’ argumenthas been considered, andis persuasive. As such,the
`assessment of 27 days of Applicant delay in this instance is not warranted.
`
`Lastly, Patentees argue that they were improperly assessed 64 days under 37 CFR 1.704(c)(10),
`for filing a request for a corrected filing receipt on June 20, 2017. Here, a review ofthefile
`showsthat the Office mailed the correctedfiling receipt on June 22, 2017. As such, pursuant to
`37 CFR 1.704(c)(10), 3 days of Applicant delay should have beenassessed, not 64.
`
`Overall PTA Calculation
`
`Formula:
`
`“A” delay + “B” delay + “C” delay - Overlap - applicant delay = X
`
`USPTO’s Calculation:
`
`456 + 93 + 0-0 -445 = 104 days
`
`Conclusion
`
`Patentees are entitled to PTA of one hundred four (104). Using the formula “A” delay + “B”
`delay + “C” delay - overlap - applicant delay = X, the amount of PTAis calculated as following:
`456 + 93 + 0-0 — 445 = 104 days.
`
`Patentees are given TWO (2) MONTHSfrom the mail date of this decision to respondto this
`redetermination. Extensions of time under 37 CFR 1.136(a) are permitted. Thisis not final
`agency action within the meaning of 5 U.S.C. § 704.
`
`Sleep Number Corp.
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`

`Patent No. 9,737,154
`
`Page 3
`
`The application is being forwarded to the Certificate of Corrections Branchfor issuanceofa
`certificate of correction. The Office will issue a certificate of correction indicating that the term
`of the above-identified patent is extended or adjusted by one hundred four (104) days.
`
`Telephone inquiries specific to this matter should be directed to the undersigned at (571) 272-
`3207.
`
`/Cliff Congo/
`
`Cliff Congo
`Attorney Advisor
`Office of Petitions
`
`Enc: draft Certificate of Correction
`
`Sleep Number Corp.
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`

`DRAFT COPY
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`CERTIFICATE OF CORRECTION
`
`PATENT
`
`: 9,737,154
`
`: August 22, 2017
`DATED
`INVENTOR(S) : Mahoneyetal.
`
`Delete the phrase “by 16 days” and insert — by 104 days--
`
`It is certified that error appears in the above-icentified patent and that said Letters Patent is hereby
`corrected as shown below:
`
`Onthe cover page,
`
`[*] Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under
`35 USC 154(b) by 16 days.
`
`Sleep Number Corp.
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`

`

`Attorney's Docket No.: 39870-0048002 / 201400140
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`First Named Inventor : Matthew Glen Hilden
`Patent No.
`:
`9,737,154
`Issue Date
`: August 22, 2017
`Serial No.
`>
`14/283,675
`Filed
`> May 21, 2014
`Title
`>
`SYSTEM AND METHOD FOR IMPROVED PRESSURE
`ADJUSTMENT
`
`Art Unit
`Examiner
`Conf.No.
`
`3673
`:
`: Robert G. Santos
`:
`5177
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`APPLICATION FOR PATENT TERM ADJUSTMENT UNDER37 C.E.R. § 1.705(b)
`
`Patentees hereby request reconsideration of the Patent Term Adjustment (PTA) accorded
`
`the above-referenced patent. Reconsideration of the final PTA calculation to increase total PTA
`
`from 16 days to 134 days is respectfully requested.
`
`REMARKS
`
`“A Delays” are defined as delays by the U.S. Patent and Trademark Office (PTO) under
`
`35 U.S.C. § 154(b)(1)(A), which guarantees prompt PTO response. “B Delays” are defined as
`
`delays by the PTO under 35 U.S.C. § 154(b)(1)(B), which guarantees no more than three year
`
`application pendency.
`
`REVIEW OF PATENT TERM ADJUSTMENT CALCULATION
`
`4
`
`‘A Delay”
`
`A first PTO action was due on or before July 21, 2015 (the date that is fourteen months
`
`after May 21, 2014, the date on which the application wasfiled). The PTO mailed the first
`
`non-final Office Action on October 7, 2016, thereby according a PTO Delay of 444 days.
`
`Patentees do not dispute the PTO’s calculation for this “A Delay” from July 22, 2015 (the day
`
`after the date that is fourteen months after the date on which the application wasfiled), to
`
`October 7, 2016. See 37 C.F.R. §§ 1.702(a)(1) and 1.703(a)(1).
`
`A PTOaction was due on or before April 8, 2017 (the date that is four monthsafter
`
`December8, 2016, the date on which a response to Office Action was filed). The PTO mailed a
`
`Notice of Allowance on April 20, 2017, thereby according a PTO Delay of12days. Patentees
`
`do not dispute the PTO’s calculation for this “A Delay” from April 9, 2017 (the day after the
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 14
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`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 14
`
`

`

`First Named Inventor : Matthew Glen Hilden
`Patent No.
`:
`9,737,154
`Issued
`:
`August 22, 2017
`Serial No.
`:
`14/283,675
`Filed
`:
`May 21, 2014
`Page
`:
`2 of 4
`
`Attorney Docket: 39870-0048002 / 201400140
`
`date that is four months after the date on which a response to Office Action wasfiled), to
`
`April 20, 2017. See 37 C.F.R. §§ 1.702(a)(2) and 1.703(a)(2).
`
`In view of the periods of “A Delay” detailed above, the total “A Delay”for this patent
`
`should be calculated as 456 days (i.e., the sum of 444 days and 12 days).
`
`“B Delay”
`
`The period beginning on May 22, 2017, (the day after the date that is three years after the
`
`date on which the application wasfiled), and ending August 22, 2017, (the date the patent was
`
`issued), is 93 days in length.
`
`“B Delay” may not include the numberof days in the period during which the
`
`application is under continued examination. In the present application, there was no period of
`
`continued examination. See 37 C.F.R. §§ 1.702(b)(1) and 1.703(b)(1).
`
`In addition, “B Delay” may not include the numberof days in the period during which
`
`the application is under appellate review. In the present application, there was no period of
`
`appellate review. See 37 C.F.R. §§ 1.702(b)(4) and 1.703(b)(4).
`
`In view of the periods of “B Delay” detailed above, the total “B Delay”for this patent
`
`should be calculated as 93 days. The PTO calculated 93 days of delay for issuance of a patent
`
`more than three yearsafter filing. Patentees do not dispute the PTO’s calculation for this
`
`“B Delay” as 93 days. See 37 C.F.R. §§ 1.702(b) and 1.703(b).
`
`Overlap of “A Delay” and “B Delay”
`
`Asdetailed above, 456 days of “A Delay” accumulated during the following periods:
`
`July 22, 2015, to October 7, 2016; and
`
`April 9, 2017, to April 20, 2017.
`
`Asdetailed above, 93 days of “B Delay” accumulated during the following period:
`
`May22, 2017, to August 22, 2017.
`
`Assuch, the periods of “A Delay” and “B Delay” do not overlap (i.e., occur on the same
`
`calendarday).
`
`2
`
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 15
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`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 15
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`

`

`Attorney Docket: 39870-0048002 / 201400140
`
`First Named Inventor : Matthew Glen Hilden
`Patent No.
`:
`9,737,154
`Issued
`:
`August 22, 2017
`Serial No.
`:
`14/283,675
`Filed
`:
`May 21, 2014
`Page
`:
`3 of 4
`
`Applicant Delay
`
`A Notice Abandonment was mailed by the PTO on February 4, 2015. Patentees filed a
`
`Petition to Revive Application Under 37 C.F.R. § 1.137(b) on February 17, 2015. A decision
`
`granting the Petition to Revive Application Under 37 C.F.R. § 1.137(b) was mailed by the PTO
`
`on September 21, 2015. Patentees were accorded 315 days delay for a period of abandonment.
`
`Patentees respectfully submit that the period of abandonment should have been accordeda total
`
`Applicant Delay of 285 days, for delay from September 6, 2014, to June 17, 2015.
`
`See 37 C.F.R. § 1.704(c)(3).
`
`Patentees were accorded 27 days delay for failure to provide an application in condition
`
`for examination within eight months from the date on which the application wasfiled. Patentees
`
`respectfully submit that the period of delay should have been accorded a total Applicant Delay of
`
`0days, as this delay from January 22, 2015, to February 17, 2015, overlaps with the period of
`
`abandonment. See 37 C.F.R. § 1.704(c) and 37 C.F.R. § 1.704(c)(13).
`
`Patentees filed a Terminal Disclaimer on April 14, 2017, subsequentto a reply filed on
`
`December 8, 2016. Patentees were accorded a delay of 127 days for a supplemental response.
`
`Patentees do not dispute the PTO’s calculation for this Applicant Delay from December9, 2016,
`
`to April 14, 2017. See 37 CFR. § 1.704(c)(8).
`
`Patentees filed a Request for Corrected Official Filing Receipt on June 20, 2017,
`
`subsequent to the mailing of the Notice of Allowance. The PTO mailed a responseto the
`
`Request for Corrected Official Filing Receipt on June 22, 2017. Patentees were accorded a delay
`
`of 64 days for this post-allowancefiling. Patentees respectfully submit that a period of 3 days is
`
`appropriate for delay for the post-allowance filing under 37 C.F.R. § 1.704(c)(10), from
`
`June 20, 2017, to June 22, 2017, and ask that the Office recalculate this period of Applicant
`
`Delay as3days. See 37 C.F.R. § 1.704(c)(10).
`
`In view of the periods of Applicant Delay detailed above, the total Applicant Delay for
`
`this patent should be calculated as 415 days (1.¢., the sum of 285 days, 127 days, and 3 days).
`
`3
`
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 16
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`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 16
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`

`

`Attorney Docket: 39870-0048002 / 201400140
`
`First Named Inventor : Matthew Glen Hilden
`Patent No.
`:
`9,737,154
`Issued
`:
`August 22, 2017
`Serial No.
`:
`14/283,675
`Filed
`:
`May 21, 2014
`Page
`:
`4 of 4
`
`Terminal Disclaimer
`
`This patent is subject to a terminal disclaimer. In it, Patentees waive anddisclaim the
`
`terminal portion of the term of the entire patent to be granted upon the present patent subsequent
`
`to the expiration date of U.S. Patent No. 8,769,747, provided that any patent granted on the
`
`present application shall be enforceable only for and during such period that it is commonly
`
`owned with U.S. Patent No. 8,769,747.
`
`Conclusion
`
`In consideration of the events described above, Patentees believe the PTA calculation of
`
`16 days is incorrect. As such, Patentees respectfully request reconsideration of the PTA in the
`
`following manner:
`
`1)
`
`Total PTO Delay should be calculated as 549 days (i.e., the sum of 456 days of
`
`“A Delay” and 93 days of “B Delay”);
`
`2)
`
`3)
`
`Total Applicant Delay should be calculated as 415 days; and
`
`Total PTA should be calculated as 134 days.
`
`The fee of $200 required under 37 C.F.R. § 1.18(e) is being submitted herewith. Please
`
`apply any required chargesor credits to Deposit Account No. 06-1050, referencing Attorney
`
`Docket Number 39870-0048002.
`
`Respectfully submitted,
`
`/Stuart A. Nelson/
`
`Stuart A. Nelson
`Reg. No. 63,947
`
`Date:
`
`10-23.2017
`
`Customer Number 26191
`Fish & Richardson P.C.
`Telephone: (612) 337-2538
`Facsimile:
`(877) 769-7945
`
`61580150.doc
`
`4
`
`Sleep NumberCorp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 17
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`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 17
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`

`

`Application Number:
`
`Filing Date:
`
`14283675
`
`21-May-2014
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR IMPROVED PRESSURE ADJUSTMENT
`
`First Named Inventor/Applicant Name:
`
`Paul James Mahoney
`
`Attorney Docket Number:
`
`39870-0048002
`
`Filed as Large Entity
`
`Filing Fees for Utility under 35 USC 111(a)
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`
`USD(S)
`
`Electronic Patent Application Fee Transmittal
`
`Post-Allowance-and-Post-Issuance:
`
`Application for patent term adjustment
`
`Patent-Appeals-and-Interference:
`
`IPR2019-00500
`
`Page 18
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 18
`
`

`

`Description
`
`Fee Code
`
`Quantity
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Total in USD ($)
`
`Sub-Total in
`USD(S)
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 19
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 19
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`

`

`2 T
`
`Sleep Number Corp.
`
`Electronic AcknowledgementReceipt
`
`Application Number:
`
`14283675
`
`International Application Number:
`
`Confirmation Number:
`
`5177
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR IMPROVED PRESSURE ADJUSTMENT
`
`ana
`
`Paymentinformation:
`
`he Director of the USPTO is hereby authorized to charge indicated fees and credit any overpaymentas follows:
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 20
`
`

`

`File Listing:
`
`Pages
`Multi
`File Size(Bytes)/
`DocumentDescription
`Document
`
`
`
`Number Message Digest|Part/.zip|P (if appl.)
`
`1
`
`Patent Term AdjustmentPetition
`
`FB70-0088002TAPetttion.
`p
`
`5c83a4d7f0cbfe05e30fbf6éa7e63ebc1 4eb2
`a8el
`
`Information:
`
`2
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`b0f308b5f717ec7c571a6015b0587a9abbb
`1dieb
`
`4
`
`2
`
`
`
`Information:
`
`This AcknowledgementReceipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable.It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary componentsfora 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 shownonthis
`AcknowledgementReceiptwill establish the filing date of the application.
`
`National Stage of an International Application 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/EO/903indicating acceptanceof the application as a
`national stage submission under35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`New International Application Filed with the USPTO as a Receiving Office
`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 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/105)will be issued in due course, subject to prescriptions concerning
`national security, and the date shownon this AcknowledgementReceiptwill establish the international filing date of
`the application.
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 21
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 21
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`

`

`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Vatent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`Www Uspto.g:
`
`APPLICATION NO.
`
`14/283,675
`
`ISSUE DATE
`
`08/22/2017
`
`26191
`
`7590
`
`08/02/2017
`
`FISH & RICHARDSONP.C. (TC)
`PO BOX 1022
`MINNEAPOLIS, MN 55440-1022
`
`PATENT NO.
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`9737154
`
`39870-0048002
`
`5177
`
`The projected patent numberandissue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 16 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) wasfiled in the above-identified application, the filing date that
`determines Patent Term Adjustmentis the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEBsite (http://pair-uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM)at (571)-272-4200.
`
`APPLICANT(s)(Please see PAIR WEBsite http://pair.uspto.gov for additional applicants):
`
`Paul James Mahoney,Stillwater, MN;
`Select Comfort Corporation, Minneapolis, MN;
`Matthew Glen Hilden, Robbinsdale, MN;
`Matthew Wayne Tilstra, Rogers, MN;
`
`The United States represents the largest, most dynamic marketplace in the world andis an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`worksto encourage andfacilitate business investment. To learn more about why the USAis the best country in
`the world to develop technology, manufacture products, and grow your business, visit S
`0.
`EXHIBIT 2003
`IPR2019-00500
`Page 22
`
`IR103 (Rev. 10/09)
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 22
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`

`

`
`
`Substitute Disclosure Form U.S. Department of Commerce|Attorney Docket No. Application No.
`
`>
`Patent and Trademark Office
`39870-0048002
`14/283.675
`
`Sheet_1 of _2_
`
`Select Comfort Corporation
`
`Information Disclosure Statement
`by Applicant
`(Use several sheets if necessary)
`
`(37 CER §1.98(b))
`
`Applicant
`
`Filing Date
`May 21, 2014
`
`Group Art Unit
`
`4/28/20
`
`
`
`
`U.S. Patent Documents
`
`Examiner|Desig. Document Publication Filing Date
`
`
`Initial Class|Subclass|lf AppropriateID Number Date Patentee
`
`
`
`
`
`:
`14/675,355
`Palashewskietal.
`03/31/2015
`
`04/15/2015
`
`
`
`2015/0026896|01/29/2015 Fleury et al.
`
`
`
`2015/0157137|06/11/2015 Nunnetal.
`
`
`
`
`. 2015/0157519|06/11/2015 Stusynski etal.
`
`
`
`
`. 2015/0182033|07/02/2015 Brosnanetal.
`
`
`
`
`. 2015/0182397|07/02/2015 Palashewskietal.
`
`
`
`2015/0182399|07/02/2015 Palashewskietal.
`
`F_,|1.[4765028|owsoioes Lomaretel. Walker
`
`
`Change
`to docu
`
`/R-KC.
`
`tyfe[assetPommio—[wner+t+t—=«dSSS—=*d
`
`Pfs[arose[masio[war||+i—~*
`[Fic[sonnios[sano[war|—«d|Si”
`SS
`
`
`18.
`5,144,706
`09/08/1992
`Walkeretal.
`
`
`8,931,329
`01/13/2015
`Mahoneyetal.
`
`8,966,689
`
`03/03/2015
`
`McGuireetal.
`
`21.
`
`8,973,183
`
`03/10/2015
`
`Palashewskietal.
`
`
`
`[from[onaaois[suas[PP
`
`Foreign Patent Documents or Published Forei
`
`Examiner|Desig. Document Publication Country or
`
`
`Initial Class|SubclassID Number Date Patent Office
`
`
`
`
`
`
`Examiner Signature
`
`Date Considered
`
`EXAMINER: Initials citation considered. Draw line through citation if not in conformance and not considered.
`next communication to applicant.
`
`Include copy of this form with
`
`we Disclosure Form
`EXHIBIT 2003
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH,
`
`/R.5./ eeepage23
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
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`

`
`
`Sheet 2 of3
`
`Substitute Disclosure Form U.S. Department of Commerce|Attorne