`
`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
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`
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`14/984,273
`
`12/30/2015
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`Howard C. R001
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`2005.86USREI7
`
`5700
`
`01/24/2018 —PATTERSON THUENTE PEDERSEN, P.A. m
`7590
`24113
`80 SOUTH 8TH STREET
`WILLIAMS, CATHERINE SERKE
`4800 IDS CENTER
`MINNEAPOLIS, MN 55402-2100
`
`PAPER NUMBER
`
`3993
`
`MAIL DATE
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`01/24/201 8
`
`DELIVERY MODE
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`PAPER
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`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.
`
`PafiféL‘l’WReV-OM)”
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`Medtronic Exhibit 1507
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`Page 1
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`Medtronic Exhibit 1507
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`Applicant-Initiated Interview Summary
`
`Application No.
`
`Applicant(s)
`
`ROOT ET AL.
`14/984,273
`
`Examiner
`Art Unit
`
`CATHERINE S. WILLIAMS
`
`3993
`
`All participants (applicant, applicant’s representative, PTO personnel):
`
`(1) CATHERINE S. WILLIAMS.
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`(2) Paul Onderick.
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`Date of Interview: 10 January 2018.
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`(3)Carz Wehner.
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`(4) Eileen Lil/is.
`
`Type:
`
`I] Video Conference
`IZI Telephonic
`[I Personal [copy given to: I] applicant
`
`I] applicant’s representative]
`
`Exhibit shown or demonstration conducted:
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`If Yes, brief description:
`
`[I Yes
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`IXI No.
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`Issues Discussed D101 |Z|112 E102 E103 IZIOthers
`(For each of the checked b0x(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: 25 and 38.
`
`
`Identification of prior artdiscussed: Adams Kraus Solar.
`
`Substance of Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc...)
`
`See Continuation Sheet.
`
`Applicant recordation instructions: The formal written reply to the last Office action must include the substance of the interview. (See MPEP
`section 713.04). If a reply to the last Office action has already been filed, applicant is given a non-extendable period of the longer of one month or
`thirty days from this interview date, or the mailing date of this interview summary form, whichever is later, to file a statement of the substance of the
`interview
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of the
`substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`|:| Attachment
`/Catherine S. Williams/
`
` US. Patent and Trademark Office
`
`/cew/ /EDL/
`
`PTOL-413 (Rev. 8/11/2010)
`
`Interview Summary
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`Paper No. 20180115
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`Page 2
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`Medtronic Exhibit 1507
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`Page 2
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`Medtronic Exhibit 1507
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`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record
`A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the
`application whether or not an agreement with the examiner was reached at the interview.
`
`Summary of Record of Interview Requirements
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`Paragraph (b)
`
`In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
`warranting favorable action must be filed bythe applicant. An interview does not remove the necessity for replyto Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
`
`37 CFR §1.2 Business to be transacted in writing.
`A“ business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
`incomplete through the failure to record the substance of interviews.
`It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
`the examiner indicates he or she will do so.
`It is the examiner‘s responsibility to see that such a record is made and to correct material inaccuracies
`which bear directly on the question of patentability.
`
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`
`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
`“Contents” section of the file wrapper.
`In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview.
`In the case of a telephone or video-conference interview, the copy is mailed to the applicant‘s correspondence address
`either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if other
`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`—Application Number (Series Code and Serial Number)
`— Name of applicant
`— Name of examiner
`— Date of interview
`—Type of interview (telephonic, video-conference, or personal)
`— Name of participant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`—An indication whether or not an exhibit was shown or a demonstration conducted
`—An identification of the specific prior art discussed
`— An indication whether an agreement was reached and if so, a description of the general nature of the agreement (may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
`not restrict further action by the examiner to the contrary.
`—The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
`
`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substance of the interview.
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize and fully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
`the examiner.
`Examiners are expected to carefully review the applicant‘s record of the substance of an interview.
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
`
`If the record is not complete and
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`Examiner to Check for Accuracy
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`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner‘s version of the
`statement attributed to him or her.
`If the record is complete and accurate, the examiner should place the indication, “Interview Record OK” on the
`paper recording the substance of the interview along with the date and the examiner‘s initials.
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`Page 3
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`Medtronic Exhibit 1507
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`Page 3
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`Medtronic Exhibit 1507
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`Continuation Sheet (PTOL-413)
`
`Application No. 14/984,273
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`Continuation of Substance of Interview including description of the general nature of what was agreed to if an
`agreement was reached, or any other comments: Mr. Onderick began by discussing the recapture rejections and
`indicating that the surrendered subject matter would be written back into the claims. Additionally, he indicated that a
`Terminal Disclaimer would be filed once allowable subject matter was indicated and if still applicable. Further, the 112
`rejections would be addressed through discussion of the figures and indication of disclosure therein. Finally, the 102
`and 103 rejections were discussed with respect to the prior art. Specifically, the side opening with respect to the
`coaxial lumen was discussed. Mr. Onderick indicated that new/amended claim language would be persued with
`respect to the side opening being coaxial with the lumen of the reinforced segment. Ex. Williams expressed concern
`as to how a side opening could be both on the side and coaxial with the segment and drew attention to Kraus teaching
`a side opening in fig. 5. Mr. Onderick drew attention to fig. 4 of the instant patent as showing the side lumen being
`coaxial unlike Kraus. Additionally, attention was drawn to col. 6, II. 50-68 of the subject patent as disclosing the
`structure of the side opening. Ex. Lillis indicated that the first mention of a side open in the patent specification
`occurred in claim 3. Ex. Williams indicated that the language of col. 6 would be most helpful in defining the invnetion
`over the prior art. Other formal matters were discussed including the ADS and Consent of Assignee. No indication of
`allowability was given .
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`Page 4
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`Medtronic Exhibit 1507
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`Page 4
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`Medtronic Exhibit 1507
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