Case 5:18cv-00356-AB-SP Document 5 Filed 02/20/18 Page 1 of 1 Page ID #:81
`
`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
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`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
`Central District of California, Eastern Division
`filed in the U.S. District Court
`on the following
`q Trademarks or
`['Patents. ( El the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`
`DATE FILED
`2/20/2018
`
`PLAINTIFF
`Sleep Number Corporation
`
`U.S. DISTRICT COURT
`Central District of California, Eastern Division
`DEFENDANT
`Sizewise Rentals, L.L.C.
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 5,904,172
`
`2 9,737,154
`
`3 8,769,747
`
`4
`
`5
`
`5/18/1999
`
`8/22/2017
`
`7/8/2014
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO.
`
`INCLUDED BY
`
`■ Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`■ Answer
`
`■ Cross Bill
`
`■ Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 1
`
`

`

`Case 5:18cv-00357-AB-SP Document 5 Filed 02/20/18 Page 1 of 1 Page ID #:81
`
`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
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`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
`Central District of California, Eastern Division
`filed in the U.S. District Court
`on the following
`q Trademarks or
`['Patents. ( El the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`
`DATE FILED
`2/20/2018
`
`PLAINTIFF
`Sleep Number Corporation
`
`U.S. DISTRICT COURT
`Central District of California, Eastern Division
`DEFENDANT
`American National Manufacturing, Inc.
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 5,904,172
`
`2 9,737,154
`
`3 8,769,747
`
`4
`
`5
`
`5/18/1999
`
`8/22/2017
`
`7/8/2014
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO.
`
`INCLUDED BY
`
`■ Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`■ Answer
`
`■ Cross Bill
`
`■ Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 2
`
`

`

`AO 120 (Rev. OS/i0)
`
`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 DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`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
`Northern District of Texas, Dallas Division
`filed in the U.S. District Court
`on the following
`0 Trademarks or
`Patents. ( 0
`the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`3:17-cv-3517-B
`PLAINTIFF
`Sleep Number Corporation
`
`DATE FILED
`12/29/2017
`
`U.S. DISTRICT COURT
`Northern District of Texas, Dallas Division
`DEFENDANT
`American National Manufacturing Inc
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 5,904,172
`
`2 9,737,154
`
`3 8,769,747
`
`4
`
`5
`
`5/18/1999
`
`8/22/2017
`
`7/8/2014
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENT OR
`TRADE MARK NO.
`
`INCLUDED BY
`
`.....
`i❑ i Amendment
`DATE OF PATENT
`OR TRADE MARK
`
`0 Answer
`
`0 Cross Bill
`
`0 Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/ JUDGE'ME'NT
`Plaintiffs Notice of Voluntary Dismissal filed (copy attached).
`
`CLERK
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`s/K. Cheng
`
`DATE
`
`2/20/2018
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 3
`
`21
`

`

`Case 3:17-cv-03517-N Document 27 Filed 02/20/18 Page 1 of 3 PagelD 130
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`DALLAS DIVISION
`
`SLEEP NUMBER CORPORATION,
`
`Plaintiff,
`
`v.
`
`AMERICAN NATIONAL
`MANUFACTURING, INC.,
`
`Defendant.
`
`Civil Action No. 3:17-cv-03517-N
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL
`
`Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), 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 Judgment in this action and thus
`
`does not require a court order.
`
`Dated: February 20, 2018
`
`/s/ Amy E. LaValle
`Amy E. 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 2002
`IPR2019-00500
`Page 4
`
`

`

`Case 3:17-cv-03517-N Document 27 Filed 02/20/18 Page 2 of 3 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
`
`Andrew S. 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 Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 5
`
`

`

`Case 3:17-cv-03517-N Document 27 Filed 02/20/18 Page 3 of 3 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/ECF system on all parties receiving
`
`electronic notice.
`
`/s/ Amy E. LaValle
`Amy E. LaValle
`
`3
`
`Sleep Number Corp.
`EXHIBIT 2002
`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
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`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
`Northern District of Texas, Dallas Division
`filed in the U.S. District Court
`on the following
`q Trademarks or y Patents.
`( E the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`3:17-cv-3518-M
`PLAINTIFF
`
`DATE FILED
`12/29/2017
`
`U.S. DISTRICT COURT
`Northern District of Texas, Dallas Division
`DEFENDANT
`
`Sleep Number Corporation
`
`Sizewise Rentals LLC
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 5,904,172
`
`2 9,737,154
`
`3 8,769,747
`
`4
`
`5
`
`5/18/1999
`
`8/22/2017
`
`7/8/2014
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO.
`
`INCLUDED BY
`
`■ Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`■ Answer
`
`■ Cross Bill
`
`■ Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above
`
`entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`Notice of Dismissal
`
`CLERK
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`s/Y. Pace
`
`DATE
`
`2/20/2018
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Sleep Number Corp.
`EXHIBIT 2002
`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
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`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
`Northern District of Texas, Dallas Division
`filed in the U.S. District Court
`on the following
`q Trademarks or y Patents.
`( E the patent action involves 35 U.S.C. § 292.):
`
`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
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 5,904,172
`
`2 9,737,154
`
`3 8,769,747
`
`4
`
`5
`
`5/18/1999
`
`8/22/2017
`
`7/8/2014
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO.
`
`INCLUDED BY
`
`■ Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`■ Answer
`
`■ Cross Bill
`
`■ Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above
`
`entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`CLERK
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`s/A. Lowe
`
`DATE
`
`12/29/2017
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Sleep Number Corp.
`EXHIBIT 2002
`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
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`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
`Northern District of Texas, Dallas Division
`filed in the U.S. District Court
`on the following
`q Trademarks or y Patents.
`( E the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`3:17-cv-3518-M
`PLAINTIFF
`
`DATE FILED
`12/29/2017
`
`U.S. DISTRICT COURT
`Northern District of Texas, Dallas Division
`DEFENDANT
`
`Sleep Number Corporation
`
`Sizewise Rentals LLC
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDER OF PATENT OR TRADEMARK
`
`1 5,904,172
`
`2 9,737,154
`
`3 8,769,747
`
`4
`
`5
`
`5/18/1999
`
`8/22/2017
`
`7/8/2014
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`Sleep Number Corporation
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO.
`
`INCLUDED BY
`
`■ Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`■ Answer
`
`■ Cross Bill
`
`■ Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`1
`
`2
`
`3
`
`4
`
`5
`
`In the above
`
`entitled case, the following decision has been rendered or judgement issued:
`
`DECISION/JUDGEMENT
`
`CLERK
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`s/A. Lowe
`
`DATE
`
`12/29/2017
`
`Copy 1—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 9
`
`

`

`UNITED STA 1ES PA PENT AND TRADEMARK OFFICE
`
`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
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`12/936,084
`
`10/01/2010
`
`Paul James Mahoney
`
`39870-0048US 1
`
`9549
`
`26191
`
`7590
`
`FISH & RICHARDSON P.C. (TC)
`PO BOX 1022
`MINNEAPOLIS, MN 55440-1022
`
`09/30/2015
`
`EXAMINER
`
`DAVIS, RICHARD G
`
`ART UNIT
`
`PAPER NUMBER
`
`3673
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/30/2015
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`PATDOCTC@fr.com
`
`PTOL-90A (Rev. 04/07)
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 10
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Commissioner for Patents
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`www.uspto.gov
`
`In re Patent No. 8,769,747
`MAHONEY et al.
`Issue Date: July 8, 2014
`Application No. 12/936,084
`Filing or 371(c) Date: October 1, 2010
`Attorney Docket No. 39870-0048US1
`
`DECISION DENYING REQUEST
`FOR REDETERMINATION OF
`PATENT TERM ADJUSTMENT
`
`This is in response to patentee's "APPLICATION FOR PATENT TERM ADJUSTMENT
`UNDER 37 C.F.R § 1.705(d)" filed October 8, 2014, which is being treated under 37 CFR
`1.705(b) as a request that the Office correct the patent term adjustment ("PTA") from 114 days
`to 233 days.
`
`The request is DENIED.
`
`This decision is the Director's decision on applicant's request for reconsideration for the
`purposes of seeking judicial review under 35 U.S.C. § 154(b)(4) .
`
`Relevant Procedural History
`
`On July 8, 2014, this patent issued with a PTA in the amount of 114 days. On October 8, 2014,
`patentee filed the present request for redetermination of patent term adjustment, accompanied by
`a one-month extension of time.
`
`Patentee seeks 233 days of PTA. Patentee solely disputes the amount of "B" delay.
`Patentee asserts, in pertinent part:
`
`"B Delay" may not include the number of days in the period during which the
`application is under continued examination. See 37 C.F.R. §§ 1.702(b)(1) and
`1.703(b)(1). In the present application, a Request for Continued Examination was
`first filed on May 10, 2013, and a Notice of Allowance was mailed on March 12,
`2014, resulting in a period of 158 days of continued examination that must be
`excluded from the three year delay calculation.
`
`In addition, "B Delay" may not include the number of days in the period during
`which the application is under appellate review. See 37 C.F.R. §§ 1.702(b)(4) and
`1.703(b)(4). In the present application, there was no period of appellate review.
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 11
`
`

`

`Application/Control Number: 12/936,084
`Art Unit: OPET
`
`Page 2
`
`In view of the periods of "B Delay" detailed above, the total "B Delay" for this
`patent should be calculated as 119 days (i.e., 277 days minus 158 days). The PTO
`calculated 0 days of delay for issuance of a patent more than three years after filing.
`Patentees respectfully submit that the PTO's calculation of this "B Delay" is incorrect
`and that the correct PTO Delay for issuance beyond three years from filing is 119
`days. See 37 C.F.R. §§ 1.702(b) and 1.703(b).
`
`Request, 10/08/14, p. 2.
`
`Decision
`
`The Office has carefully considered patentee's arguments. Upon review, the Office finds that
`patentee is entitled to 114 days of PTA. The Office and patentee are in agreement regarding the
`calculation of 242 days of "A" delay, 0 days of "C" delay, 0 days of overlap, and 128 days of
`applicant delay. However, the Office and patentee are in disagreement regarding the amount of
`"B" delay.
`
`The Office will revisit the determination of the amount of "B" delay in view of the Federal
`Circuit's decision in Novartis AG v. Lee, 740 F.3d 593 (Fed. Cir. 2014).
`
`As to the amount of "B" delay, the Office notes that the interpretation of the "B" delay was
`based upon 37 CFR 1.703(b)(1) which excluded from the amount of "B" delay the period
`beginning on the date of filing of the continued examination and ending on the date of the
`issuance of the patent. However, subsequent to the filing of this redetermination request, the
`Federal Circuit reviewed the statutory interpretation of 35 U.S.C. § 154(b)(1)(B)(i) and issued a
`decision regarding the effects of a Request for Continued Examination ("RCE") on "B" delay in
`the Novartis appeal. In Novartis, the Federal Circuit agreed with the Office that "no ["B" delay]
`adjustment time is available for any time in continued examination, even if the continued
`examination was initiated more than three calendar years after the application's filing."
`Novartis, 740 F.3d at 601. However, the Novartis court found that if the Office issues a notice of
`allowance after an RCE is filed, the period after the notice of allowance should not be excluded
`from the "B" delay period but should be counted as "B" delay. Id. at 602. The Federal Circuit
`issued its mandate in the Novartis appeal on March 10, 2014.
`
`Pursuant to the Novartis decision, the USPTO has determined patentee is entitled to zero (0) days
`of "B" delay. In this case, applicant filed the application on October 1, 2010, and the patent
`issued on July 8, 2014. Thus, the application was pending for 1377 days. During this time,
`applicant filed a RCE on May 10, 2013. The Office mailed a Notice of Allowance on March 12,
`2014. Under 35 U.S.C. § 154(b)(1)(B)(i), the time period consumed by continued examination
`("RCE period") began on May 10, 2013, and ended on March 12, 2014 — i.e., 307 days.
`Subtracting the RCE period from the total number of days the application was pending results in
`1377 — 307 = 1070 days. Thus, for purposes of "B" delay, the application was pending for 1070
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 12
`
`

`

`Application/Control Number: 12/936,084
`Art Unit: OPET
`
`Page 3
`
`— 1097 [i.e., 3 years from the actual filing date]' = 0 days beyond the three-year anniversary of
`the filing date.
`
`Overall PTA Calculation
`
`Formula:
`
`"A" delay + "B" delay + "C" delay - Overlap - applicant delay = X
`
`USPTO's Calculation:
`
`242 + 0 + 0 — 0— 128= 114
`
`Patentee's Calculation
`
`242 + 119 + 0 — 0 — 128 = 233
`
`Conclusion
`
`The Office affirms that patentee is entitled to PTA of one hundred fourteen (114) days. Using
`the formula "A" delay + "B" delay + "C" delay - overlap - applicant delay = X, the amount of
`PTA is calculated as following: 242 + 0 + 0 — 0 — 128 = 114 days. A correction of the
`determination of patent term adjustment under 35 U.S.C. § 154(b) to 233 days is not merited. As
`the front page of the patent properly reflects the PTA determination of 114 days, no further
`action is required. Accordingly, the request for redetermination of patent term adjustment is
`denied. This decision may be viewed as a final agency action. See MPEP 1002.02(b).
`
`The Office acknowledges receipt of the $200.00 fee set forth in 37 CFR 1.18(e). No additional
`fees are required.
`
`Telephone inquiries specific to this matter should be directed to Christina Tartera Donnell,
`Attorney Advisor at (571) 272-3211.
`
`/John Cottingham/
`John Cottingham
`Director
`Office of Petitions
`
`1 October 1, 2010 — October 1, 2013 = 1097 days
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 13
`
`

`

`Office of Petitions: Decision Count Sheet
`
`Application No.
`
`12936084
`
`Mailing Month 9
`*1111 112 119111 11 11181 41111
`
`For US serial numbers: enter number only, no slashes or commas. Ex: 10123456
`For PCT: enter "51+single digit of year of filing+last 5 numbers", Ex. for PCT/US05/12345, enter 51512345
`Christina Tartera Donnell
`miui uii lama Ill MI 1111
`
`Deciding Official:
`
`Count (1) - Palm Credit
`
`Decision: DENIED
`
`Decision Type:
`
`547 - NOVARTIS
`
`1111 11 11 11
`4 7 *
`*
`
`Notes:
`
`Count (2)
`
`Decision:
`
`n/a
`
`Decision Type: NONE
`
`Notes:
`
`Count (3)
`
`Decision: n/a
`
`;,-„„„„„„„„„„„--
`Decision Type: NONE
`
`Notes:
`
`Initials of Approving Official (if required)
`
`If more than 3 decisions, attach
`2nd count sheet & mark this box Lj
`
`Printed on:
`
`9/1/2015
`
`Office of Petitions Internal Document - Ver. 5.0
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 14
`
`

`

`Office of Petitions: Routing Sheet
`
`Application No. 12/936,084
`
`This application is being forwarded to your office for
`further processing. A decision has been rendered on a
`petition filed in this application, as indicated below.
`For details of this decision, please see the document
`PET.OP.DEC filed on the same date as this document.
`
`GRANTED
`
`DISMISSED
`
`X
`
`DENIED
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 15
`
`

`

`Attorney Docket No.: 39870-0048US1 / 201300036
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant : Mahoney et al.
`Patent No. : 8,769,747
`Issue Date : July 8, 2014
`Serial No. : 12/936,084
`Filed
`: October 1, 2010
`Title
`: SYSTEM AND METHOD FOR IMPROVED PRESSURE ADJUSTMENT
`
`Art Unit
`: 3673
`Examiner : Davis, Richard G
`Conf. No. : 9549
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`APPLICATION FOR PATENT TERM ADJUSTMENT UNDER 37 C.F.R. § 1.705(d)
`
`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 114 days to 233 days is respectfully requested.
`
`"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. Patentees respectfully submit that the Office did not apply the proper
`
`standard for determining the period of "B Delay" under 35 U.S.C. § 154(b)(1)(B).
`
`REVIEW OF PATENT TERM ADJUSTMENT CALCULATION
`
`"A Delay"
`
`A first PTO action was due on or before December 4, 2011 (the date that is fourteen
`
`months after October 4, 2010, the date on which the national stage commenced under
`
`35 U.S.C. § 371). The PTO mailed the first non-final Office Action on August 2, 2012, thereby
`
`according a PTO Delay of 242 days. Patentees do not dispute the PTO's calculation for this
`
`"A Delay" from December 5, 2011 (the day after the date that is fourteen months after the date
`
`on which the national stage commenced under 35 U.S.C. § 371), to August 2, 2012.
`
`See 37 C.F.R. §§ 1.702(a)(1) and 1.703(a)(1).
`
`In view of the period of "A Delay" detailed above, the total "A Delay" for this patent
`
`should be calculated as 242 days.
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 16
`
`

`

`Attorney's Docket No.: 39870-0048US1 / 201300036
`
`Applicant :
`Patent No. : 8,769,747
`Issued
`: July 8, 2014
`Serial No. : 12/936,084
`Filed
`: October 1, 2010
`Page
`: 2 of 4
`
`"B Delay"
`
`There is no dispute that the Office failed to issue a patent within three years of the filing
`
`date of the application and that Patentees are entitled to "B Delay" to compensate for that Office
`
`delay. The only issue in contention is the correct length of the "B Delay" period.
`
`The period beginning on October 5, 2013 (the day after the date that is three years after
`
`the date on which the national stage commenced under 35 U.S.C. § 371), and ending
`
`July 8, 2014 (the date the patent was issued), is 277 days in length. The "PTA 36 Months" entry
`
`in the PAIR/PALM system indicates that a total of 0 days were awarded for "B Delay" for this
`
`patent. Patentees respectfully submit that the PTO's calculation of this "B Delay" is incorrect.
`
`"B Delay" may not include the number of days in the period during which the application
`
`is under continued examination. See 37 C.F.R. §§ 1.702(b)(1) and 1.703(b)(1). In the present
`
`application, a Request for Continued Examination was first filed on May 10, 2013, and a Notice
`
`of Allowance was mailed on March 12, 2014, resulting in a period of 158 days of continued
`
`examination that must be excluded from the three year delay calculation.
`
`In addition, "B Delay" may not include the number of days in the period during which
`
`the application is under appellate review. See 37 C.F.R. §§ 1.702(b)(4) and 1.703(b)(4). In the
`
`present application, there was no period of appellate review.
`
`In view of the periods of "B Delay" detailed above, the total "B Delay" for this patent
`
`should be calculated as 119 days (i.e., 277 days minus 158 days). The PTO calculated 0 days of
`
`delay for issuance of a patent more than three years after filing. Patentees respectfully submit
`
`that the PTO's calculation of this "B Delay" is incorrect and that the correct PTO Delay for
`
`issuance beyond three years from filing is 119 days. See 37 C.F.R. §§ 1.702(b) and 1.703(b).
`
`Overlap of "A Delay" and "B Delay"
`
`As detailed above, 242 days of "A Delay" accumulated during the following period:
`
`December 5, 2011, to August 2, 2012.
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 17
`
`

`

`Applicant :
`Patent No. : 8,769,747
`Issued
`: July 8, 2014
`Serial No. : 12/936,084
`Filed
`: October 1, 2010
`Page
`: 3 of 4
`
`Attorney's Docket No.: 39870-0048US1 / 201300036
`
`As detailed above, 119 days of "B Delay" accumulated during the following period:
`
`March 12, 2014, to July 8, 2014.
`
`As such, the periods of "A Delay" and "B Delay" do not overlap (i.e., occur on the same
`
`calendar day).
`
`Applicant Delay
`
`A reply to an Office Action was due on or before November 2, 2012 (the date that is
`
`three months after August 2, 2012, the date on which the Office Action was mailed). Patentees
`
`filed a response to the Office Action on November 8, 2012, thereby according an Applicant
`
`Delay of 6 days. Patentees do not dispute the PTO's calculation for this Applicant Delay from
`
`November 3, 2012 (the day after the date that is three months after the date on which the Office
`
`Action was mailed), to November 8, 2012. See 37 C.F.R. § 1.704(b).
`
`A reply to an Office Action was due on or before April 10, 2013 (the date that is three
`
`months after January 10, 2013, the date on which the Office Action was mailed). Patentees filed
`
`a response to the Office Action on May 10, 2013, thereby according an Applicant Delay of
`
`30 days. Patentees do not dispute the PTO's calculation for this Applicant Delay from
`
`April 11, 2013 (the day after the date that is three months after the date on which the Office
`
`Action was mailed), to May 10, 2013. See 37 C.F.R. § 1.704(b).
`
`A reply to an Office Action was due on or before October 29, 2013 (the date that is three
`
`months after July 29, 2013, the date on which the Office Action was mailed). Patentees filed a
`
`response to the Office Action on January 29, 2014, thereby according an Applicant Delay of
`
`92 days. Patentees do not dispute the PTO's calculation for this Applicant Delay from
`
`October 30, 2013 (the day after the date that is three months after the date on which the Office
`
`Action was mailed), to January 29, 2014. See 37 C.F.R. § 1.704(b).
`
`In view of the periods of Applicant Delay detailed above, the total Applicant Delay for
`
`this patent should be calculated as 128 days (i.e., the sum of 6 days, 30 days, and 92 days).
`
`Terminal Disclaimer
`
`This patent is not subject to a terminal disclaimer.
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 18
`
`

`

`Attorney's Docket No.: 39870-0048US1 / 201300036
`
`Applicant :
`Patent No. : 8,769,747
`Issued
`: July 8, 2014
`Serial No. : 12/936,084
`Filed
`: October 1, 2010
`Page
`: 4 of 4
`
`Conclusion
`
`In consideration of the events described above, Patentees believe the PTA calculation of
`
`114 days is incorrect. As such, Patentees respectfully request reconsideration of the PTA in the
`
`following manner:
`
`1)
`
`Total PTO Delay should be calculated as 361 days (i.e., the sum of 242 days of
`
`"A Delay" and 119 days of "B Delay");
`
`2)
`
`3)
`
`Total Applicant Delay should be calculated as 128 days; and
`
`Total PTA should be calculated as 233 days.
`
`The fee of $200 required under 37 C.F.R. § 1.18(e) is being submitted herewith. Please
`
`apply any other required charges or credits to Deposit Account No. 06-1050, referencing
`
`attorney docket number 39870-0048US1.
`
`Respectfully submitted,
`
`/Patrick J. Bisenius/
`Patrick J. Bisenius
`Reg. No. 63,893
`
`Date:10-8-2014
`
`Fish & Richardson P.C.
`Customer Number 21186
`Telephone: (612) 766-2048
`Facsimile: (877) 769-7945
`
`60974846.doc
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 19
`
`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`12936084
`
`01-Oct-2010
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR IMPROVED PRESSURE ADJUSTMENT
`
`First Named Inventor/Applicant Name:
`
`Paul James Mahoney
`
`Filer:
`
`PatrickJ. Bisenius/Arrendle Brown
`
`Attorney Docket Number:
`
`39870-0048US1
`
`Filed as Large Entity
`
`U.S. National Stage under 35 USC 371 Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Application for patent term adjustment
`
`1455
`
`1
`
`200
`
`200
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Extension-of-Time:
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 20
`
`

`

`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Extension - 1 month with $0 paid
`
`1251
`
`1
`
`200
`
`200
`
`Miscellaneous:
`
`Total in USD ($)
`
`400
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 21
`
`

`

`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`20362495
`
`12936084
`
`International Application Number:
`
`Confirmation Number:
`
`9549
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR IMPROVED PRESSURE ADJUSTMENT
`
`First Named Inventor/Applicant Name:
`
`Paul James Mahoney
`
`Customer Number:
`
`26191
`
`Filer:
`
`PatrickJ. Bisenius/Arrendle Brown
`
`Filer Authorized By:
`
`Patrick J. Bisenius
`
`Attorney Docket Number:
`
`39870-0048US1
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`08-OCT-2014
`
`01-OCT-2010
`
`14:37:48
`
`Application Type:
`
`U.S. National Stage under 35 USC 371
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`yes
`
`Deposit Account
`
`$400
`
`890
`
`061050
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`Sleep Number Corp.
`EXHIBIT 2002
`IPR2019-00500
`Page 22
`
`

`

`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`74963
`
`1
`
`Patent Term Adjustment Petition
`
`PetPTA.pdf
`
`no
`
`4
`
`Warnings:
`
`Information:
`
`10d8383482c598678669974030c627561f
`76886
`
`32495
`
`2
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`no
`
`2
`
`626d86020eecdc383863d07dd4582d6088
`c26781
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes):
`
`107458
`
`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 Applications Under 35 U.S.C. 111
`includes the necessary components If a new application is being