Case 5:18CV @8356AB ESP DOCUEIIE—jiii:3 Filerit){32"20mg Page: 1 of 1 Page in #:81
`A0 120 ' ev. 08/10
`
`TO:
`
`Mail Stop 8
`Director of the US. Patent and Trademark Office
`P.O. Box 1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`TRADEMARK
`
`Alexandria, VA 22313-1450
`
`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 US. District Court
`
`on the following
`
`[I Trademarks or
`
`IZPatents.
`
`( [I 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
`
`El Amendment
`DATE OF PATENT
`
`[I Answer
`
`[I Cross Bill
`
`[I Other Pleading
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
` CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy l—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 2003
`|PR2019-00500
`
`Page 1
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 1
`
`

`

`Case 5:18CV 0835? AB ESP DOCUEIIE—jiii:3 Filerit){32"20mg Page: 1 of 1 Page in #:81
`A0 120 ' ev. 08/10
`
`TO:
`
`Mail Stop 8
`Director of the US. Patent and Trademark Office
`P.O. Box 1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`TRADEMARK
`
`Alexandria, VA 22313-1450
`
`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 US. District Court
`
`on the following
`
`[I Trademarks or
`
`IZPatents.
`
`( [I 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
`
`El Amendment
`DATE OF PATENT
`
`[I Answer
`
`[I Cross Bill
`
`[I Other Pleading
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
` CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy l—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 2003
`|PR2019-00500
`
`Page 2
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 2
`
`

`

`A0 120 (Rev. 08/ i0)
`
`TO:
`
`Mail Stop 8
`Director of the US. Patent and Trademark Office
`P.O. Box 1459
`Alexandria, VA 22313-1450
`
`TRADEMARK
`
`REPORT ON THE
`FiLiNC OR DETERMINATION OF AN
`ACTION REGARDiNG A PATENT OR
`
`in Compliance with 35 use § 291') and/or l5 U.S.C. § ”if: you are hereby advised that a court action has been
`
`filed in the US District Court
`
`Northern District of Texas, Dallas Division
`
`on the following
`
`C] 'l‘radcmarks or
`
`:1 Patents.
`
`( C] the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`3:17—cv~3517-B
`PLAINTIFF
`
`DATE FILED
`12/29/2017
`
`us. DISTRICT COURT
`Northern District of Texas, Dallas Division
`DEFENDANT
`
`Sleep Number Corporation
`
`American National Manufacturing lnc
`
`PATENT OR
`TRADEMARK NO
`
`DATE OF PATENT
`OR TRADEMARK
`
`,
`.. :7
`‘
`.
`HOLDER OF PATENT OR TRADEM'
`
`a R I"
`
`1 5,904,172
`
`2 9,7311 54
`
`5/18/1999
`
`Sleep Number Corporation
`
`8/22/2017
`
`Sleep Number Corporation
`
`3 8,769,747
`
`7/8/2014
`
`Sleep Number Corporation
`
`
`I
`
`DATE INCLUDED
`
`In the above—entitled case, the following patentt'sv trademrk(s) have been included:
`iNCLUDED BY
`
`PATENT OR
`TRADEMARK NO.
`
`.. Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`[2 Answer
`
`[3 Cross Bill
`
`[:1 Otiieri’lcading
`
`HOLDER OF PATENT OR TRADEM‘
`
`in the above-"entitled case, the following decision has been rendered orjudgemem issued:
`DECISION/JUDGEMENT
`
`Plaintiffs Notice of Voluntary Dismissal filed (copy attached).
`
`
`
`
`
`
`CLERK
`
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`
`s/K. Chang
`
`DATE
`
`2/20/2018
`
`Copy lmllpon initiation of action, mail this copy to Director Copy 3mlipon termination of action, mail this copy to Director
`Copy Zmlipon filing document adding patent(s), mail this copy to Director Copy Maire file copy
`Sleep Number Corp-
`EXHIBIT 2003
`IPR2019-00500
`
`Page 3
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 3
`
`

`

`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,
`
`Plaintifi‘,
`
`V.
`
`AMERICAN NATIONAL
`
`MANUFACTURING, INC.,
`
`Defendant.
`
`
`
`Civil Action No. 3: 17—cv—035 17—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 2003
`|PR2019-00500
`
`Page 4
`
`Sleep Number Corp.
`EXHIBIT 2003
`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 2003
`|PR2019-00500
`
`Page 5
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 5
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`

`

`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 2003
`|PR2019-00500
`
`Page 6
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 6
`
`

`

`A0 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
`
`Northern District of Texas, Dallas Division
`
`filed in the U.S. District Court
`
`on the following
`
`D Trademarks 0r
`
`EPatents.
`
`( D 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
`HOLDER OF PATENT OR TRADEMARK
`2/20/2018
`
`DATE INCLUDED
`
`In the above%ntit1ed case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`D Answer
`
`B Cross Bill
`
`D Other Pleading
`
`In the aboveientitled case, the following decision has been rendered 0r judgement issued:
`DECIS ION/JUDGEMENT
`
`Notice of Dismissal
`
`CLERK
`
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`
`s/Y. Pace
`
`DATE
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3—Up0n termination of action, mail this copy to Director
`Copy 2—Up0n filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`Sleep Number Corp.
`EXHIBIT 2003
`|PR2019-00500
`
`Page 7
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 7
`
`

`

`A0 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
`
`Northern District of Texas, Dallas Division
`
`filed in the U.S. District Court
`
`on the following
`
`D Trademarks 0r
`
`EPatents.
`
`( D 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
`
`DATE INCLUDED
`
`In the above%ntit1ed case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`D Answer
`
`B Cross Bill
`
`D Other Pleading
`
`In the aboveientitled case, the following decision has been rendered 0r judgement issued:
`DECIS ION/JUDGEMENT
`
`American National Manufacturing Inc
`HOLDER OF PATENT OR TRADEMARK
`12/29/2017
`
`CLERK
`
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`
`s/A. Lowe
`
`DATE
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3—Up0n termination of action, mail this copy to Director
`Copy 2—Up0n filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 8
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 8
`
`

`

`A0 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
`
`Northern District of Texas, Dallas Division
`
`filed in the U.S. District Court
`
`on the following
`
`D Trademarks 0r
`
`EPatents.
`
`( D 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
`
`DATE INCLUDED
`
`In the above%ntit1ed case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARK N0
`
`D Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`D Answer
`
`B Cross Bill
`
`D Other Pleading
`
`In the aboveientitled case, the following decision has been rendered 0r judgement issued:
`DECIS ION/JUDGEMENT
`
`Sizewise Rentals LLC
`HOLDER OF PATENT OR TRADEMARK
`12/29/2017
`
`CLERK
`
`Karen Mitchell
`
`(BY) DEPUTY CLERK
`
`s/A. Lowe
`
`DATE
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3—Up0n termination of action, mail this copy to Director
`Copy 2—Up0n filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`
`Page 9
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 9
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Commissioner for Patents
`United States Patent and Trademark Office
`PO. Box 1450
`Alexandria. VA 22313-1450
`www.uspto.gov
`
`
`
`Efl
`M A“
`-EC1 2—UI7
`
`OFFICE OF PETITIONS
`
`:
`: ON REDERMINATION
`: OF
`
`: PATENT TERM ADJUSTMENT
`
`FISH & RICHARDSON PC (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(0) Date: May 21, 2014
`Docket No.2 39870-0048002
`‘
`
`This is a redeterrnination of the patent term adjustment in response to the application for patent
`term adjustment, filed October 23, 2017, requesting that the patent term adjustment for the above
`identified patent be corrected from 16 days to 134 days.
`
`This redetermination of patent term adjustment is 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 US. 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 present petition
`
`Patentees argue that the Office improperly calculated the Applicant delay during the period of
`abandonment, purSuanl 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. As such, 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 abandonment of the
`
`Sleep Number Corp.
`EXHIBIT 2003
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`

`Patent No. 9,737,154
`
`Page 2
`
`application. Patentees assert that they should have instead been assessed 285 days. Patentees’
`argument has 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 abandonment of the application, and ending on the earlier of:
`
`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 months after the date the grantable petition to revive the
`application or accept late payment of the issue fee was filed.
`
`Here, the date that is four months after the datethe grantable petition to revive was filed is June
`17, 2015. Accordingly, Applicant delay under 37 CFR 1.704(c)(3) begins on the date of the
`abandonment of the 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 abandonment of the
`application. Patentees’ argument has been considered, and is 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 of the file
`shows that the Office mailed the corrected filing receipt on June 22, 2017. As such, pursuant to
`37 CFR 1.704(c)(10), 3 days of Applicant delay should have been assessed, not 64.
`
`Overall PTA Calculation
`
`Me:
`
`“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 PTA is calculated as following:
`456 + 93 + 0—0—445 =104 days.
`
`Patentees are given TWO (2) MONTHS from the mail date of this decision to respond to this
`redetermination. Extensions of time under 37 CFR 1.136(a) are permitted. This is not final
`agency action within the meaning of 5 U.S.C. § 704.
`
`Sleep Number Corp.
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`|PR2019-00500
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`

`

`Patent No. 9,737,154
`
`Page 3
`
`The application is being forwarded to the Certificate of Corrections Branch for issuance of a
`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.
`
`/C1iffCongo/
`
`Cliff Congo
`Attorney Advisor
`Office of Petitions
`
`Enc: draft Certificate of Correction
`
`Sleep Number Corp.
`EXHIBIT 2003
`|PR2019-00500
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`

`

`PATENT
`
`: 9,737,154
`
`DATED
`
`: August 22, 2017
`
`INVENTOR(S) : Mahoney et a1.
`
`It is certified that error appears in the above-identified patent and that said Letters Patent is hereby
`corrected as shown below:
`
`On the cover page,
`
`[*] Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under
`35 USC 154(b) by 16 days.
`
`DRAFT COPY
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`CERTIFICATE OF CORRECTION
`
`Delete the phrase “by 16 days” and insert — by 104 days-—
`
`Sleep Number Corp.
`EXHIBIT 2003
`|PR2019-00500
`
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`
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`EXHIBIT 2003
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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
`
`Art Unit
`
`:
`
`3673
`
`Patent No.
`Issue Date
`Serial No.
`Filed
`Title
`
`:
`9,737,154
`: August 22, 2017
`:
`14/283,675
`: May 21, 2014
`:
`SYSTEM AND METHOD FOR IMPROVED PRESSURE
`
`Examiner
`Conf. No.
`
`: Robert G. Santos
`:
`5177
`
`ADJUSTMENT
`
`Commissioner for Patents
`
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`APPLICATION FOR PATENT TERM ADJUSTMENT UNDER 37 C.F.R. § 1.7051b!
`
`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 US. Patent and Trademark Office (PTO) under
`
`35 U.S.C. § l54(b)(l)(A), which guarantees prompt PTO response. “B Delays” are defined as
`
`delays by the PTO under 35 U.S.C. § l54(b)(l)(B), which guarantees no more than three year
`
`application pendency.
`
`REVIEW OF PATENT TERM ADJUSTMENT CALCULATION
`
`L
`
`‘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 was filed). 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 was filed), to
`
`October 7, 2016. See 37 C.F.R. §§ 1.702(a)(1) and 1.703(a)(1).
`
`A PTO action was due on or before April 8, 2017 (the date that is four months after
`
`December 8, 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 of LdaLs. Patentees
`
`do not dispute the PTO’s calculation for this “A Delay” from April 9, 2017 (the day after the
`
`Sleep Number Corp.
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`

`

`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 was filed), to
`
`April 20, 2017. See 37 C.F.R. §§ l.702(a)(2) and l.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 was filed), and ending August 22, 2017, (the date the patent was
`
`issued), is 93 days in length.
`
`“B Delay” may not include the number of 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. §§ l.702(b)(l) and l.703(b)(l).
`
`In addition, “B Delay” may not include the number of 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. §§ l.702(b)(4) and l.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 years after filing. Patentees do not dispute the PTO’s calculation for this
`
`“B Delay” as 93 days. See 37 C.F.R. §§ l.702(b) and l.703(b).
`
`Overlap of “A Delay” and “B Delay”
`
`As detailed 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.
`
`As detailed above, 93 days of “B Delay” accumulated during the following period:
`
`May 22, 2017, to August 22, 2017.
`
`As such, the periods of “A Delay” and “B Delay” do not overlap (i.e., occur on the same
`
`calendar day).
`
`2
`
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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. § l.l37(b) on February 17, 2015. A decision
`
`granting the Petition to Revive Application Under 37 C.F.R. § l.l37(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 accorded a total
`
`Applicant Delay of 285 days, for delay from September 6, 2014, to June 17, 2015.
`
`See 37 C.F.R. § l.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 was filed. Patentees
`
`respectfully submit that the period of delay should have been accorded a total Applicant Delay of
`
`M, as this delay from January 22, 2015, to February 17, 2015, overlaps with the period of
`
`abandonment. See 37 C.F.R. § l.704(c) and 37 C.F.R. § l.704(c)(l3).
`
`Patentees filed a Terminal Disclaimer on April 14, 2017, subsequent to 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 December 9, 2016,
`
`to April 14, 2017. See 37 C.F.R. § l.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 response to the
`
`Request for Corrected Official Filing Receipt on June 22, 2017. Patentees were accorded a delay
`
`of 64 days for this post-allowance filing. 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 as m. See 37 C.F.R. § l.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 (i.e., the sum of 285 days, 127 days, and 3 days).
`
`3
`
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`
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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 and disclaim the
`
`terminal portion of the term of the entire patent to be granted upon the present patent subsequent
`
`to the expiration date of US. 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 US. 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 charges or 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 PC.
`
`Telephone: (612) 337-2538
`Facsimile:
`(877) 769-7945
`
`61580150.d0c
`
`4
`
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`EXHIBIT 2003
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`

`

`Electronic Patent Application Fee Transmittal
`
`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 USC111(a)
`
`
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Application for patent term adjustment
`
`Patent-Appeals-and-lnterference:
`
`Post-Allowance-and-Post-lssuance:
`
`EXHIBIT 2003
`|PR2019-00500
`
`Page 18
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`

`

`Description
`
`Fee Code
`
`Quantity
`
`Extension-of—Time:
`
`Miscellaneous:
`
`Total in USD (5)
`
`Sub-Total in
`USD($)
`
`Sleep Number Corp.
`EXHIBIT 2003
`|PR2019-00500
`
`Page 19
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`

`

`——
`
`Title of Invention:
`
`SYSTEM AND METHOD FOR IMPROVED PRESSURE ADJUSTMENT
`
`Electronic Acknowledgement Receipt
`
`“—
`
`
`
`——
`
`Payment information:
`
`——
`
`Sleep Number Corp.
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Sleep Number Corp.
`EXHIBIT 2003
`IPR2019-00500
`Page 20
`
`

`

`File Listing:
`
`Document
`Number
`
`Document Descri
`
`tion
`
`p
`
`File Size(Bytes)/
`Message Digest
`
`Pages
`Multi
`Part /.zip (if appl.)
`
`1
`
`Patent Term Adjustment Petition
`
`39870—004800:f_PTAPetItlon.
`p
`
`5c8334d7md1fe05e30fbf637e63ebc14eb2
`aBeI
`
`Information:
`
`2
`
`Fee Worksheet (SBO6)
`
`fee—info.pdf
`
`b0f303b5l717ec7c57136015m58739abbb
`Idleb
`
`the application.
`
`Information:
`
`Total Files Size (in bytes)
`
`115085
`
`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
`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 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/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 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 shown on this Acknowledgement Receipt will establish the international filing date of
`
`Sleep Number Corp.
`EXHIBIT 2003
`|PR2019-00500
`
`Page 21
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`Sleep Number Corp.
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`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`14/283,675
`
`ISSUE DATE
`
`08/22/2017
`
`26191
`
`7590
`
`08/02/2017
`
`FISH & RICHARDSON P.C. (TC)
`PO BOX 1022
`MINNEAPOLIS, MN 55440-1022
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`9737154
`
`39870—0048002
`
`5177
`
`The projected patent number and issue 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) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is 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) WEB site (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 WEB site 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 and is 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
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit Segggtllléégggb
`EXHIBIT 2003
`|PR2019-00500
`Page 22
`
`IR103 (Rev. 10/09)
`
`Sleep Number Corp.
`EXHIBIT 2003
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`

`

`Substitute Disclosure Form
`
`U.S. Department of Commerce
`Patent and Trademark Office
`
`Attorney Docket No.
`39870-0048002
`
`Application No.
`
`14/283,675
`
`Information Disclosure Statement
`
`by Applicant
`(Use several sheets if necessary)
`
`Applicant
`Select Comfort Co oration
`
`Filing Date
`
`Group Art Unit
`
`May 21, 2014
`
`(37 CFR §1.98(b))
`
`Sheet
`
`1 of2
`
`
`
`Examiner
`Initial
`
`Desig.
`ID
`
`Document
`Number
`
`U.S. Patent Documents
`Publication
`Date
`
`Pate ntee
`
`Subclass
`
`Filing Date
`If Appropriate
`03/31/2015
`
`04/15/2015
`
`2015/0026896
`
`01/29/2015
`
`Fleury et al.
`
`5
`06/11/2015
`- 2015/0157137
`Stusynski et a1.
`06/11/2015
`2015/0157519
`07/02/20152015/0182033 Brosnan et al.
`
`
`
`Nunn et al.
`
`
`
`
`
`07/02/20152015/0182397 Palashewski et al.
`
`08/30/1988 k- 4,788,729
`
`Subclass
`
`2015/0182399
`
`07/02/2015
`
`Palashewski et al.
`
`2015/0182418
`
`07/02/2015
`
`Zaiss
`
`m- 4,766,628
`
`"M. Walker
`Green-«1.1. Walker
`
`12/06/1988
`
`.
`
`
`
`Change
`to clocu
`
`/K-K-C.
`
`4/28/20
`
`Walker et al.
`18.
`5,144,706
`09/08/1992
`Mahoney et al.
`01/13/2015
`8,931,329
`McGuire et a1.
`8,966,689
`03/03/2015
`
`21.
`
`8,973,183
`
`03/10/2015
`
`Palashewski et al.
`
`Examiner
`Initial
`
`Desig.
`ID
`
`Document
`Number
`
`Publication
`Date
`
`Countryor
`Patent Office
`
`Class
`
`EXAMINER:
`Initials citation considered. Draw line through citation if not in conformance and not considered.
`Include copy of this form with
`next communication to a. olicant.
`
`
`u'- II
`Iosu -' Form
`EXHIBIT 2003
`
`ALL REFERENCE CONSEDERED EXCEPT WHERE LINED THROUGH.
`
`/R.S./
`
`'PR2019'00500
`Page 23
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`

`

`Substitute Disclosure Form
`
`U.S. Departmen