`
`UNITED STATES PATENT 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.
`
`15/154,849
`
`ISSUE DATE
`
`12/12/2017
`
`PATENT NO.
`
`9839363
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`A102992 1200US.1
`
`1083
`
`151512
`
`7590
`
`11/21/2017
`
`WOMBLE BOND DICKINSON (US) LLP/AliveCor
`Attn: IP DOCKETING
`P.O. BOX 7037
`ATILANTA, GA 30357-0037
`
`The projected patent numberandissue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustmentis 0 day(s). Any patent to issue from the above-identified application will include
`an indication of the adjustmenton the front page.
`
`If a Continued Prosecution Application (CPA) wasfiled in the above-identified application, the filing date that
`determines Patent Term Adjustmentis the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEBsite (http://pair-uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM)at (571)-272-4200.
`
`APPLICANT(s) (Please see PAIR WEBsite http://pair.uspto.gov for additional applicants):
`
`David E. ALBERT, Oklahoma City, OK;
`AliveCor, Inc., San Francisco, CA;
`
`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
`worksto encourage andfacilitate business investment. To learn more about why the USAis the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA. gov.
`
`IR103 (Rey. 10/09)
`
`AliveCor Ex. 2010 - Page 1
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`AliveCor Ex. 2010 - Page 1
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`

`

`
`
`UNITED STATES PATENT 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
`
`NOTICE OF ALLOWANCEAND FEE(S) DUE
`
`21971
`
`7590
`
`10/19/2017
`
`WILSON, SONSINI, GOODRICH & ROSATI
`650 PAGE MILL ROAD
`PALO ALTO, CA 94304-1050
`
`EXAMINER
`
`TEJANI, ANKIT D
`
`3766
`
`DATE MAILED: 10/19/2017
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKET NO.
`
`CONFIRMATION NO.
`
`05/13/2016
`15/154,849
`TITLE OF INVENTION: DISCORDANCE MONITORING
`
`David E. ALBERT
`
`41188-738.201
`
`1083
`
`
`
`
`
`
`
`
`
`
`
`APPIN. TYPR PUBLICATION FER DUP.|PREV. PAID ISSUE FRRENTITY STATUS ISSTTF FRE DUR TOTAT. FER(S) DUE DATE DUR
`
`
`
`$960
`
`01/19/2018
`
`nonprovisional
`
`UNDISCOUNTED
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCEAS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. TIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGIITS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CER 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`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 THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THEISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUSshownabove.If the ENTITY STATUSis shown as SMALL or MICRO,verify whether entitlement to that
`entity status sull applies.
`If the ENTITY STATUS is the same as shownabove, pay the TOTAL FEE(S) DUE shownabove.
`If the ENTITY STATUS is changed from that shown above, on PART B - FER(S) TRANSMITTAL, complete section number5 titled
`"Change in Entity Status (fromstatus indicated above)".
`For purposesof this noticc, small entity fecs are 1/2 the amount of undiscountcd fees, and micro entity fees are 1/2 the amountof small cntity
`fees.
`
`I. 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 PUBLICATIONFEE(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 dueto the difficulty in recognizing
`the paperas an equivalent of Part B.
`
`I. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEEunlessadvisedto the contrary.
`
`IMPORTANT REMINDER:Maintenancefees are ducin utility patents issuing on applications filed on or after Dec. 12, 1980. It is
`patentee's responsibility to ensure timely payment of maintenance fees when due. More informationis available at
`www.uspto.gov/PatentMaintenanceFees.
`
`PTOL-85 (Rev. 02/11)
`
`Page 1 of 3
`
`AliveCor Ex. 2010 - Page 2
`
`AliveCor Ex. 2010 - Page 2
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or Fax (571)-273-2885
`
`INSTRUCHONS: ‘This form should be used for transmitting the ISSUE KEE and PUBLICATION FEE(if required). Blocks 1
`through 5 should be completed where
`ppropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`Adicated 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
`maintenance feenotifications.
`Note: A certificate of mailing
`can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate 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 Mailing or Transmission
`:
`:
`:
`soy
`oP
`-
`:
`:
`I hereby certify that this Kee(s) ‘lransmittal is being deposited with the United
`States Postal Service 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 USPTO (571) 273-2885, on the date indicated below.
`(epositor's name)
`(Signature)
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block | for any change of address)
`
`21971
`
`7590
`
`10/19/2017
`
`WILSON, SONSINI, GOODRICH & ROSATI
`650 PAGE MILL ROAD
`PALO ALTO, CA 94304-1050
`
`(Date)
`
` APPLICATION NO.
`
`05/13/2016
`15/154.849
`TITLE OF INVENTION: DISCORDANCE MONITORING
`
`David E. ALBERT
`
`41188-738.201
`
`1083
`
`FILING DATE
`
`FIRS’) NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`
`
`
` APPLN. TYPE
`
`
`
`
`ENTITY STATUS PUBLICATION FEE DUE|PREV. PAID ISSLE FEBISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTTE:D
`
`$960
`
`01/19/2018
`
`EXAMINER
`
`
`TEJANI, ANKIT D
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`3766
`
`600-516000
`
`
`
`2
`3
`
`2. For printing on the patent front page,list
`1. Change,of correspondenceaddress orindication of "Fee Address" (37
`CER 1.363).
`(1) The names of upto 3 registered patent attorneys
`LY Changeof correspondenceaddress (or Change of Correspondence
`or agents OR,alternatively,
`Address foorm PTO/SB/122) attached.
`(2) The nameof a single firm (having as a member a
`registered attorney or agent) and the names of up to
`L] "Fee Address"indication (or "Fee Address" Indication form
`2 registered patent attorneys or agents. If no nameis
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`listed, no namewill be printed.
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA 'TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has beenfiled for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation asset forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`
`
`
`
`Please check the appropriate assignee categoryor categories (will not be printed on the patent) :
`
`(CW individual LI Corporation or other private group entity (J Government
`
`Aa. ‘The following fee(s) are submitted:
`LB issue Fee
`LY Publication Fee (No small entity discount permitted)
`LY Advance Order - # of Copies
`
` LJ Applicant changing to regular undiscounted fee status.
`
`5. Change in Entity Status (from status indicated above)
`LJ Applicantcertifying micro entity status. See 37 CFR 1.29
`
`LJ Applicantasserting small entity status. See 37 CFR 1.27
`
`4b. Paymentof Kee(s): (Pleasefirst reapply any previously paid issue fee shown above)
`LIA check is enclosed.
`Lj Paymentby credit card. Form PTO-2038 is attached.
`[_] The directoris herebyauthorized to charge the required fee(s), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`
`
`
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill not be accepted atthe risk of application abandonment.
`
`NOTE:If the application was previously under micro entity status, checking this box will be taken
`to be a 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
`entity status, as applicable.
`
`NOTE:This form mustbe signed in accordance with 37 CER 1.31 and 1.33. See 37 CFR 14 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`Typed or printed name
`
`Authorized Signature
`
`PLOL-85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB0651-0033
`
`U.S. Patentand ‘Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of 3
`
`AliveCor Ex. 2010 - Page 3
`
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`

`

`
`
`UNITED STATES PATENT 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
`
`ATTORNEYDOCKET NO.
`
`CONFIRMATION NO.
`
`
`
`15/154,849
`
`05/13/2016
`
`David E. ALBERT
`
`41188-738.201
`
`1083
`
`21971
`
`7590
`
`10/19/2017
`
`WILSON, SONSINI, GOODRICH & ROSATI
`650 PAGE MILL ROAD
`PALO ALTO, CA 943041050
`
`TEJANI, ANKIT D
`
`3766
`
`DATE MAILED: 10/19/2017
`
`Determination of Patent Term Adjustment under35 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)G)
`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 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`AliveCor Ex. 2010 - Page 4
`
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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 OMBapproves 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 informationis required to obtain
`or retain a benefit by the public whichis to file (and by the USPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CI'R 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, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT
`SEND FEES OR COMPLETED FORMS ‘TO THIS ADDRESS. SEND 10: Commissioner for Patents, P.O. Box
`1450, Alexandria, Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to
`respondto a collection of information unless it displays a valid OMB control number.
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 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
`to the
`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 U.S. 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 U.S. Patent and
`Trademark Office may not be able to process and/or examine your submission, which mayresult in termination of
`proceedings or abandonmentofthe application or expiration of the patent.
`
`The information provided by you in this form will be subjectto the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records
`may be disclosed to the Department of Justice to determine whether disclosure of these records is required
`by the Freedom of Information Act.
`2. Arecord from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
`request involving an individual, to whom the record pertains, when the individual has requested assistance
`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‘lreaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuantto 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(c)).
`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.
`Suchdisclosure shall not be used to make determinations about individuals.
`8. A record fromthis 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 wasfiled 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 becomesaware ofa violation or potential violation of law or regulation.
`
`AliveCor Ex. 2010 - Page 5
`
`AliveCor Ex. 2010 - Page 5
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`

`

`
`
`Notice of Allowability ArtUnit|Statesero Fis)Raean
`
`
`
`
`Application No.
`Applicant(s)
` 15/154,849 ALBERT, DAVID E.
`
`
`
`
`Yes
`
`-- The MAILING DATEof 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. KX] This communication is responsive to Response After Final Action dated 26 September 2017.
`L] A declaration(s)/affidavit(s) under 37 GFR 1.130(b) was/werefiled on
`.
`
`2. DJ Anelection was made bythe applicant in responsetoarestriction requirementsetforth during the interview on : the restriction
`
`
`requirement and election have been incorporatedinto this action.
`
`3. KJ The allowed claim(s) is/are 1-23 and 25. As a result of the allowed claim(s), you maybe eligible to benefit from the Patent
`Prosecution Highwayprogram at a participating intellectual property office for the corresponding application. For more information,
`please see hitp:/Avww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`4. [J Acknowledgment is madeofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a) All=b)(1Some_ *c) [1] None ofthe:
`
`1. LJ Certified copies of the priority documents have been received.
`2. Certified copies of the priority documents have been received in Application No.
`3. C1 Copies of the certified copies of the priority documents have been receivedin 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 communicationto file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENTofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. LJ] CORRECTED DRAWINGS( as “replacement sheets”) must be submitted.
`(including changes required by the attached Examiner's Amendment / Commentorin the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number(see 37 CFR 1.84(c)) should be written on the drawingsin 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. DJ 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.
`
`Attachmeni(s)
`1. [1 Notice of References Cited (PTO-892)
`2.
`Information Disclosure Statements (PTC/SB/08),
`Paper No./Mail Date 26 Septemebr 2017
`3. 0 Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`4, (1 Interview Summary (PTO-413),
`
`Paper No./Mail Date .
`
`7.0 Other
`
`.
`
`5. 0 Examiner's Amendment/Comment
`6.
`Examiner's Statement of Reasons for Allowance
`
` U.S. Patent and Trademark Office
`
`/Ankit D Tejani/
`Primary Examiner, Art Unit 3766
`
`PTOL-37 (Rev. 08-13)
`20170928
`
`Notice of Allowability
`
`Part of Paper No./Mail Date
`
`AliveCor Ex. 2010 - Page 6
`
`AliveCor Ex. 2010 - Page 6
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`

`

`Application/Control Number: 15/154,849
`Art Unit: 3766
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`This office action is in response to a ResponseAfter Final Action dated 26
`
`September 2017 concerning application 15/154,849 filed on 13 May 2016.
`
`Notice of Pre-AlA or AIA Status
`
`2.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthe first inventor to file provisions of the AIA.
`
`In the event the determination of the status of the application as subject to AIA 35
`
`U.S.C. 102 and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103)is incorrect, any
`
`correction of the statutory basis for the rejection will not be considered a new ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same under either status.
`
`Information Disclosure Statement
`
`3.
`
`The Information Disclosure Statement filed on 26 September 2017 has been
`
`considered by the Examiner.
`
`Status of Claims
`
`4.
`
`Claims 1-23 and 25 are pending and under consideration for patentability; claims
`
`1 and 12 have been amended; claim 24 has been cancelled.
`
`AliveCor Ex. 2010 - Page 7
`
`AliveCor Ex. 2010 - Page 7
`
`

`

`Application/Control Number: 15/154,849
`Art Unit: 3766
`
`Page 3
`
`Allowable Subject Matter
`
`Claims 1-23 and 25 are allowed.
`
`The following is an examiner’s statement of reasons for allowance: The allowed
`
`5.
`
`6.
`
`claims include the inventive features of using a wristlet or smartwatch to continuously
`
`monitor a subject’s heart rate and activity level, sensing a discordance between the
`
`heart rate and activity level, and indicating to the subject to collect an electrocardiogram
`
`using the wearable wristlet or smartwatch when a discordanceis sensed. The prior art
`
`of record describes using smartwatch-type devices to monitor the heart rate and activity
`
`level of a user, and evaluating the data to determine if any discrepancies are present.
`
`However, the prior art of record does not teach or suggest the specific discordance
`
`monitoring as recited in the pending claims, and the prior art of record does not teach or
`
`disclose indicating to the subject to collect an electrocardiogram using the smartwatch
`
`when a discordanceis sensed.
`
`Therefore, the inventive features recited in the pending claims are not disclosed
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`by the prior art and are not suggested by an obvious combination of the most analogous
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`prior art elements.
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`Any comments considered necessary by applicant must be submitted no later
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`than the payment of the issue fee and, to avoid processing delays, should preferably
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`accompany the issue fee. Such submissions should be clearly labeled “Comments on
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`Statement of Reasons for Allowance.”
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`AliveCor Ex. 2010 - Page 8
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`AliveCor Ex. 2010 - Page 8
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`

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`Application/Control Number: 15/154,849
`Art Unit: 3766
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`Page 4
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`Statement on Communication via Internet
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`7.
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`Communications via Internet e-mail are at the discretion of the
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`applicant. Without a written authorization by applicant in place, the USPTO will not
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`respond via Internet e-mail to any Internet correspondencewhich contains information
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`subject to the confidentiality requirement as set forth in 35 U.S.C. 122. Where a written
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`authorization is given by the applicant, communications via Internet e-mail, other than
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`those under 35 U.S.C. 132 or which otherwise require a signature, may be
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`used. USPTO employees are NOT permitted to initiate communications with applicants
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`via Internet e-mail unless there is a written authorization of record in the patent
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`application by the applicant. The following is a sample authorization form which may be
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`used by applicant:
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`“Recognizing that Internet communications are not secure, | hereby authorize the USPTO
`to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33
`and 37 CFR 1.34 concerning any subject matter of this application by video conferencing,
`instant messaging, or electronic mail. | understand that a copy of these communications
`will be made of record in the applicationfile.”
`
`Please refer to MPEP 502.03 for guidance on Communications via Internet.
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`Conclusion
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`8.
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`Anyinquiry concerning this communication or earlier communications from the
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`Examiner should be directed to Ankit D. Tejani whose, telephone number is 571-272-
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`5140. The Examiner may normally be reached on Monday through Friday, 8:30AM
`
`through 5:00PM EST. Examinerinterviews are available via telephone, in-person, and
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`video conferencing using a USPTO supplied web-based collaboration tool. To schedule
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`an interview, Applicant is encouraged to use the USPTO AutomatedInterview Request
`
`AliveCor Ex. 2010 - Page 9
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`AliveCor Ex. 2010 - Page 9
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`

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`Application/Control Number: 15/154,849
`Art Unit: 3766
`
`Page 5
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`(AIR) at http:/Awww.uspto.gov/interviewpractice.
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`If attempts to reach the Examiner by
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`telephone are unsuccessful, the examiner’s supervisor, Carl Layno, can be reached by
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`telephone at 571-272-4949. The fax phone number for the organization wherethis
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`application or proceeding is assigned is 571-273-8300.
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`Information regarding the status
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`of an application may be obtained from the Patent Application Information Retrieval
`
`(PAIR) system. Status information for published applications may be obtained from
`
`either Private PAIR or Public PAIR. Status information for unpublished applications is
`
`available through Private PAIR only. For more information about the PAIR system, see
`
`http://pair-direct.uspto.gov. Should you have questions on accessto the Private PAIR
`
`system, contact the Electronic Business Center at 866-217-9197 (toll-free).
`
`If you would
`
`like assistance from a USPTO Customer Service Representative or access to the
`
`automated information system, call 800-786-9199 (in USA or Canada) or 571-272-1000.
`
`/Ankit D Tejani/
`Primary Examiner, Art Unit 3766
`
`AliveCor Ex. 2010 - Page 10
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`AliveCor Ex. 2010 - Page 10
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`