Patent Trial and Appeal Board
`
`A, petition has been filed in Patent Number 9,604,901, Application Number 14/754,932, on March 30,
`2020.
`
`The AIA Review Number is |PR2020—00770.
`
`To view the documents filed in this petition, go to httpszllptabusgtogov and Search for the AIA Review
`Number.
`
`0
`.
`
`Enter your search criteria on the “Search PTAB" page
`Type in the AIA Review Number or Patent Number
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`. You will need to answer the CAPTCHA to prove that you are not a robot.
`0 Click on the "Search” button
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`0 The search results will appear identifying the AIA Review Number
`. Click on the “View Documents” button
`
`. A pop up window will appear with a list of documents
`0 Click on the “Download" button to download the document.
`
`Questions regarding this notice should be directed to the Patent Trial and Appeal Board at
`571-272-7822.
`'
`
`lPR2020-00770
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`W‘mm‘,
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTIVTENT 0F COMNIERW
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
` APPLICATION N LMBER PATENT N UMBER GROUP ART UN IT REQUEST ID
`14/754,932
`9604901
`1672
`102656
`
`
`
`
`
`
`
`PAIR Correspondence Address/Fee Address Change
`
`The following fields have been changed to Customer Number 166905 on 01/03/2020 Via Private PAIR in View
`of the certification copied below that authorized the change.
`
`0 Correspondence Address
`
`The address for Customer Number 166905 is:
`166905
`
`Foley & Lardner LLP
`3000 K Slreet NW.
`Suite 600
`
`Washington, DC 20007—5109
`
`I certify, in accordance with 37 CFR 1.4(d)(4) that I am:
`
`An attorney or Agent of Record registered to practice before the Patent and Trademark Office Who has been given
`power of attorney in this application
`
`35264
`
`I' egistration Number:
`
`|PR2020-00770
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`APPLICATION NO.
`
`:9,604,901 B2
`I 14/754932
`
`DATED
`INVENTORCS)
`
`: March 28, 2017
`: Hitesh Batra et a].
`
`Page 1 ofl
`
`It is certified that error appears in the above-identified patent and that said Letters Patent is hereby corrected as shown below:
`
`In the Claims
`
`Column 17, Claim 1, Line 27, “(c) containing the” should be --(c) contacting the--.
`
`Signed and Sealed this
`
`Sixteenth Day of May, 2017
`
`Wendel/.4;
`
`Michelle K. Lee
`Director oflhe United States Patent and Trademark ()fiice
`
`|PR2020-00770
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`Atty. Dkt. No. 080618—1550
`
`IN THE UNITED STATES PATENTAND TRADEIMARK OFFICE
`
`First Inventor Name:
`
`Hitesh BATRA
`
`Title:
`
`AN IMPROVED PROCESS TO PREPARE
`
`TREPROSTINIL, THE ACTIVE INGREDIENT IN
`REMODULIN®
`
`Patent, No.:
`
`9,604,901
`
`Issue Date:
`
`3/28/2017
`
`Examiner:
`
`Art Unit:
`
`Yevgeny Valenrod
`
`1672
`
`Confilmation Number:
`
`1865
`
`REQUEST FOR CERTIFICATE OF CORRECTION FOR
`PTO MISTAKE PURSUANT TO 37 C.F.R. § 1.3221211
`
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313—1450
`
`Commissioner:
`
`Enclosed, is a Certificate of Correction, Form PTO—1050, for United States Patent
`
`Number 9,604,901 issued March 28, 2017. The following Patent Office printing error appears in
`
`the issued patent:
`
`IN THE CLAIMS
`
`The exact claim and line number where the error in the issued patent is shown correctly in
`
`the application file is
`
`Col. 17, claim 1, line 27, “(0) containing the” should be —-(c) contacting the--.
`
`4823835328701
`
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`Atty. Dkt. N0. 080618—1550
`
`Applicant submits that the above change would not constitute new matter, and correction
`
`thereof would not require reexamination.
`
`Pursuant to 37 C.F.R. §l.322, Applicant requests that the enclosed Certificate of
`
`Correction be approved.
`
`Although Applicant believes that no fee is required for this Request, the Commissioner is
`
`hereby authorized to charge any additional fees which may be required for this Request to
`
`Deposit Account No. 19—0741.
`
`Respectfully submitted,
`
`Date Wh—flwfiw By
`
`,1
`/‘i «a
`.
`
`
`fix/{:44 (2%d:
`
`a; f
`
`FOLEY & LARDNER LLP
`Customer Number: 22428
`Telephone:
`(202) 672-5569
`Facsimile:
`(202) 672—5399
`
`Stephen B. Maebius
`Attorney for Applicant
`Registration No. 35,264
`
`4823-8353~2870.1
`
`|PR2020-00770
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`MODIFIED PTO/SB/M (04-05)
`Approved for use through 04/30/2007, OMB 0851-0033
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a coilection of information unless it displays a valid OMB control number.
`(Also Form PTO-1050
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`CERTIFICATE OF CORRECTION
`
`PATENT NO.
`
`APPLICATION NO.
`
`DATED
`
`INVENTOR(S)
`
`:
`
`1
`
`:
`
`:
`
`9,604,901
`
`14/754932
`
`33/28/2017
`
`Hitesh BATRA; Sudersan M. TULADHAR; Raju PENMASTA; David A.
`WALSH
`
`
`
`It is certified that an error appears or errors appear in the above—identified patent and that said Letters
`Patent is hereby corrected as shown below:
`
`Col. 17, claim 1, line 27, "(c) containing the” should be «(0) contacting the--.
`
`MAILING ADDRESS OF SENDER (Please do not use customer number below):
`
`Foley & Lardner LLP
`3000 K Street, NW, Suite 600
`Washington, DC. 20007—5109
`This collection of information is required by 37 CFR 1322, 1,323, and 1.324. The information is required to obtain or retain a benefit by the pupils which
`is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to
`take 1.0 hour to complete, including gathering, preparing, and submitting the completed application form to the USPTO, Time will vary depending upon
`the individual case Any comments on the amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent
`to the Chief Information Officer,
`US Patentand Trademark Office. US. Department ofCommerce, PO, Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMS TO THIS ADDRESS. SEND TO: Attention Certificate of Corrections Branch, Commissioner for
`Patents, PO. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800—PTO-9199 and select option 2.
`
`4812-9262-06141
`
`|PR2020-00770
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`Electronic Acknowledgement Receipt
`
`
`
`
`Title oflnventlon:
`
`PROCESS TO PREPARE TREPROSTINIL, THE ACTIVE INGREDIENT IN
`REMODULIN2
`
`
`
`First Named Inventor/Applicant Name: Hitesh Batra
`
`Customer Number:
`
`22428
`
`
`
`Filer: Stephen Bradford Maebius/Karen Strawderman
`
`Filer Authorized By:
`
`Stephen Bradford Maebius
`
`Utility under 35 USC111(a)
`Application Type:
`
`
`Payment information:
`
`Submitted with Payment
`
`no
`
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Part /.zip (ifappl.)
`
`
`1
`
`Request for Certificate of Correction
`
`ReqCOC.pdf
`
`33611521 MrTI 705hfifidfifillafii 2190373?
`{bill}
`
`no
`
`3
`
`Warnings:
`
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`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/DOIEOI903 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.
`
`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.
`
`the application.
`
`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
`
`|PR2020-00770
`
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`To:
`From:
`Cc:
`Subject:
`
`ipdocketing@foley.com,,
`PAIR_eOfficeAction@uspto.gov
`PAIR_eOfficeAction@uspto.gov
`Private PAIR Correspondence Notification for Customer Number 22428
`
`Mar 10, 2017 03:28:39 AM
`
`Dear PAIR Customer:
`
`Foley & Lardner LLP
`3000 K STREET N.W.
`SUITE 600
`WASHINGTON, DC 20007-5109
`UNITED STATES
`
`The following USPTO patent application(s) associated with your Customer Number, 22428 , have
`new outgoing correspondence. This correspondence is now available for viewing in Private PAIR.
`
`The official date of notification of the outgoing correspondence will be indicated on the form PTOL—90
`accompanying the correspondence.
`
`Disclaimer:
`The list of documents shown below is provided as a courtesy and is not part of the official file
`wrapper. The content of the images shown in PAIR is the official record.
`
`Application
`14754932
`
`Document
`ISSU E.NTF
`
`Mailroom Date
`03/08/2017
`
`Attorney Docket No.
`080618—1550
`
`To view your correspondence online or update your email addresses, please visit us anytime at
`https://sporta|.uspto.gov/secure/myportaI/privatepair.
`
`If you have any questions, please email the Electronic Business Center (EBC) at EBC@uspto.gov
`with 'e-Office Action‘ on the subject line or call 1-866-217—9197 during the following hours:
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`Monday - Friday 6:00 am. to 12:00 am.
`
`Thank you for prompt attention to this notice,
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT APPLICATION INFORMATION RETRIEVAL SYSTEM
`
`lPR2020-00770
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`9611 “111%
`
`
`5%: 2% UNITED STATES PATENT AND TRADEMARK OFFICE
`E' V.
`
`a.
`
`
`UNITED STATES DEPARTMENT OF COMLIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P 0. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPUCATIOV V0.
`ISSUE DATE
`PATE \l V0.
`ATTORNEY DOCKET N0.
`COVEIRVIATION V0.
` 14/754,932 03/28/2017 9604901 080018-1550 1865
`22428
`7590
`03/08/2017
`
`
`
`
`
`
`
`
`
`Foley & Lardner LLP
`3000 K S'I'REE'I' N.W.
`SUITE 600
`WASHINGTON, DC 20007—5 109
`
`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 0 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.uspt0.gov for additional applicants):
`
`Hitesh Batra, Herndon, VA;
`United Therapcutics Corporation, Silver Spring, MD;
`Sudersan M. Tuladhar, Silver Spring, MD;
`Rajn Penmasta, Hemdon, VA;
`David A. Walsh, Palmyra, VA;
`
`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 SelectUSA.Oov.
`
`IR103 (Rev. 10/09)
`
`|PR2020-00770
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`UNITED STATES PATENT AND TRADEMARK OmCE
`
`
`
`UNITED STATES DEPARTMENT OF COlVEMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P 0. Box 1450
`Alexandria, Virginia 22313-1450
`W“’W.llSpT.O.gOV
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`02102021
`
`Foley & Lardner LLP
`3000 K STREET N.W.
`00000600
`WASIIINGTON. DC 20007-5109
`
`VALENRoD. YEVGENY
`
`1573,
`DATE MAILED: 02/14/2017
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Ilitesh Batra
`06/30/2015
`14/754,932
`TITLE OF INVENTION: PROCESS TO PREPARE TREPROSTINIL, THE ACTIVE INGREDIENT IN REMODULINZ
`
`080618-1550
`
`1865
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`nonprovisional
`
`UNDISCOLNTED
`
`5960
`
`PUBLICATION FEE DUE
`$0
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`$960
`
`5960
`
`DATE DUE
`
`05/15/2017
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO VVITHDRAVVAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY TIIE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`TIIE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID VVITIIIN THREE MONTIIS FROM TIIE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT BE EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN TEHS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY TIIE PREVIOUSLY PAID ISSUE FEE TOWARD TIIE ISSUE FEE NOW
`DUE.
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`HOW TO REPLY TO THIS NOTICE:
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`1. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL 0r MICRO, verify whether entitlement to that
`entity status still applies.
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`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(_S) DUE shown above.
`If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled
`"Change in Entity Status (from status indicated above)".
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entily fees are 1/2 the amount of small entity
`fccs.
`
`II. PART B — FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the Fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`
`PTOL-SS (Rev. 02/11)
`
`Page 1 of 3
`
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`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mil Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`throughSshould be completed where
`INSTRUCTIONS. This form should be used for transmitting the ISSIE FEE and PUBLICATIO\ FEE (if required). Blocks 1
`ap ropriate All further correspondence including the Patent advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`nicated unless corrected below or directed otherwise in Block 1 by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS' for
`i‘naintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any Change ofaddIESS‘:
`
`”90
`22428
`‘
`l‘oley & Lardner III 11’)
`3000 K STREETN W
`‘
`V
`'
`'
`SUITE 600
`WASHINGTON, DC 20007—5109
`
`(WM/2017
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`apers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`Certificate of Vlailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Sen/ice with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USP'I'O (571) 2732885 on the date indicated below
`
`(Signature) (Date)
`
`(Dam‘mmm’
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`Hitesh Batra
`06/30/2015
`I4/754,932
`TITLE OF INVENTION: PROCESS TO PREPARE TREPROSTINIL. TIIE ACTIVE INGREDIENT IN REMODULINZ
`
`080618-1550
`
`1865
`
`APPLN. IYPE
`ENWIIIY SIAI US
`SISUE 1EE DUE
`1"”UBLICAIION I EE DUE
`PREV PAID ISSUE IEL
`'I'O'IAL FEEIS) DUE
`DA'I‘E DLE
`
`nonprovisional
`UNDISCOLNTED
`$960
`$960
`$960
`05/15/2017
`
`EXAMENER
`ART UNIT
`CLASS-SUBCLASS
`
`VALENROD. YEVGENY
`1672
`562-466000
`
`1. Change of correspondence address or indication oI "Fee Address" (37
`CFR 1.363).
`
`2. For printing on the patent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR. alternatively.
`D Change of correspondence address (or Change of Correspondence
`Address orm PTO/SB/IZZ) attached.
`(2) Ihe name of a single firm (having as a membet a
`registered attorney or agent) and the names 01 up to
`D "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`2 registered patent attorneys or agents. If no name is
`listed no name will be printed.
`Number is required.
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`If an assignee is identified below. the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`
`
`I
`Ix)
`
`3
`
`1] Individual 1] Corporation or other private group entity 1] Government
`Please check the appropriate assignee categ01y or categories (will not be printed on the patent) :
`4a. The following fee(s) are submitted:
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`D Issue Fee
`D A check is enclosed.
`D Publication Fee (No small entity discount permitted)
`D Payment by credit card. Form PTO-2038 is attached.
`D Advance Order - # of Copies
`D The director is hereby authorized to charge the required fee(s), any deficiency, or credits any
`overpayment. to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`D Applicant certifying micro entity status. See 37 CFR 1.29
`
`D Applicant asserting small entity status. See 37 CFR 1.27
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/ISA and 153), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`N_OIE: II the application was previously under micro entity status checking this box will be taken
`tob—ea notification of loss of entitlement to micro entity status.
`NOTE: Checking this box will be taken to be a notification of loss of entitlement to small or micro
`D Applicant changing to regular undiscounted fee status.
`entity status. as applicable.
`
`NOTE: This form must be si ned in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for si nature re uiremcnts and certifications.
`
`Authorized Signature
`
`Typed or printed name
`
`
`Date
`
`Registration No.
`
`PTOL785 Part B (1013) Approved for use through 10/31/2013.
`
`Page 2 of 3
`OMB 065170033
`
`
`US Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF CONEMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P 0. Box 1450
`Alexandria, Virginia 22313-1450
`W“’W.llSpT.O.gOV
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`14/754,932
`
`22428
`
`—
`7:90
`
`06/30/2015
`
`0M4/2017
`
`Foley & Lardner LLP
`3000 K STREET N.W.
`sumoo
`WASIIINGTON, DC 20007-5109
`
`Hilesh Batra
`
`080618-1550
`
`1865
`
`VALENROD, YEVGENY
`
`1573,
`DATE MAILEL): 02/14/2017
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`to eliminate the
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i)
`requirement that
`the Office provide a patent term adjustment determination with the notice of allowance. See
`Revisions to Patent Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer
`providing an initial patent term adjustment determination with the notice of allowance. The Office will continue to
`provide a patent term adjustment determination with the Issue Notification Letter that
`is mailed to applicant
`approximately three weeks prior to the issue date of the patent, and will include the patent term adjustment on the
`patent. Any request for reconsideration of the patent term adjustment determination (or reinstatement of patent term
`adjustment) should follow the process outlined in 37 CFR 1.705.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at l-(888)-786-0101 or (571)-272-4200.
`
`PTOL-SS (Rev. 02/11)
`
`Page 3 of 3
`
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`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and
`Budget approval before requesting most types of information from the public. When ()MB approves an agency
`request to collect information from the public, OMB (i) provides a valid OMB Control Number and expiration
`date for the agency to display on the instrument that will be used to collect the information and (ii) requires the
`agency to inform the public about the OMB Control Number’s legal significance in accordance with 5 CFR
`1320.5(b).
`
`The information collected by PTOL—85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete,
`including gathering, preparing, and submitting the completed application form to the USPTO. Time will vary
`depending upon the individual case. Any comments on the amount of time you require to complete this form
`and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, US Patent and
`Trademark Office, US. Department of Commerce, PO. Box 1450, Alexandria, Virginia 22313-1450. DO NOT
`SEND FEES OR COMPLETED FORMS TO TIIIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box
`1450, Alexandria, Virginia 22313—1450. Under the Paperwork Reduction Act of 1995, no persons are required to
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`
`Privacy Act Statement
`
`The Privacy Act of 1974 (PL. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant
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`requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
`35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
`the information is used by the US. Patent and Trademark Office is to process and/or examine your submission
`related to a patent application or patent. If you do not furnish the requested information, the US Patent and
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`proceedings or abandonment of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
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`may be disclosed to the Department of Justice to determine whether disclosure of these records is required
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`2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
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`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
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`from the Member with respect to the subject matter of the record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to
`comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
`of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C.
`218(0)).
`7. A record from this system of records may be disclosed, as a routine use, to the Administrator. General
`Services, or his/her designee, during an inspection of records conducted by GSA as part of that agency's
`responsibility to recommend improvements in records management practices and programs, under authority
`of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations
`governing inspection of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive.
`Such disclosure shall not be used to make determinations about individuals.
`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication
`of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a
`record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use. to the public if the
`record was filed in an application which became abandoned or in which the proceedings were terminated
`and which application is referenced by either a published application, an application open to public
`inspection or an issued patent.
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`lPR2020-00770
`
`United Therapeutics EX2007
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`

`
`Application No.
`Applicant(s)
`14/754,932
`BATRA ET AL.
`$3333; VALENROD
`Notice of Allowability
`fgggn"
`3:33?“ '"Ve"‘°”° F“)
`No
`
`
`
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL—85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. [I This communication is responsive to ROE filed on 12/21/16.
`
`I] A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2. El An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. IX The allowed claim(s) is/are 1 6 and 8-14. As a result of the allowed claim(s). you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information,
`please see http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`4. El Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 1 19(a)-(d) or (f).
`Certified copies:
`*c) [I None of the:
`a) [I All
`b) [I Some
`1. El Certified copies of the priority documents have been received.
`2. El Certified copies of the priority documents have been received in Application No.
`3. El Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received:
`
`
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. El CORRECTED DRAWINGS ( as "replacement sheets”) must be submitted.
`
`El
`
`including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`
`
`
`
`5. El Examiner‘s Amendment/Comment
`6. El Examiner‘s Statement of Reasons for Allowance
`
`Attachment(s)
`1. I] Notice of References Cited (PTO-892)
`2. IZI Information Disclosure Statements (PTO/SB/08).
`Paper No./Mai| Date
`3. El Examiner‘s Comment Regarding Requirement for Deposit
`of Biological Material
`4. El Interview S