throbber

`

`

`

`Receipt date: 12/19/2017
`
`15/827,948 - GAU: 3687
`
`PTO/SB/08a (03-15)
`Doc code: IDS
`Approved for use through 07/31/2016. 0MB 0651-0031
`Doc description: Information Disclosure Statement (IDS) Filed
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`15827948
`
`Filing Date
`2017-11-30
`First Named Inventor I Wayne BARA TT A
`Art Unit
`2192
`I Unassigned
`Attorney Docket Number
`MERZ010.001 C3
`
`Examiner Name
`
`U.S.PATENTS
`
`Examiner Cite
`Initial*
`No
`
`Patent Number
`
`Kind
`Code1 Issue Date
`
`Name of Patentee or Applicant
`of cited Document
`
`Pages,Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`
`1
`
`6002395
`
`A
`
`1999-12-14
`
`Wagner et al.
`
`If you wish to add additional U.S. Patent citation information please click the Add button.
`
`U.S.PATENT APPLICATION PUBLICATIONS
`
`Examiner
`Initial*
`
`Cite No
`
`Publication
`Number
`
`Kind Publication
`Code1 Date
`
`Name of Patentee or Applicant
`of cited Document
`
`Pages,Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`
`1
`
`If you wish to add additional U.S. Published Application citation information please click the Add button.
`
`FOREIGN PATENT DOCUMENTS
`
`Examiner Cite Foreign Document
`Initial*
`No Number3
`
`Country
`Code2i
`
`Kind Publication
`Code4 Date
`
`Name of Patentee or
`Applicant of cited
`Document
`
`Pages,Columns,Lines
`where Relevant
`Passages or Relevant
`Figures Appear
`
`TS
`
`1
`
`If you wish to add additional Foreign Patent Document citation information please click the Add button
`
`NON-PATENT LITERATURE DOCUMENTS
`
`Examiner Cite
`Initials* No
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item
`(book, magazine, journal, serial, symposium, catalog, etc), date, pages(s), volume-issue number(s),
`publisher, city and/or country where published.
`
`□
`
`TS
`
`,_
`
`EFS Web2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/R.M./
`
`Lightspeed Ex. 1003.3
`
`

`

`Receipt date: 12/19/2017
`
`15/827,948 - GAU: 3687
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`15827948
`
`Filing Date
`2017-11-30
`First Named Inventor I Wayne BARA TT A
`Art Unit
`2192
`I Unassigned
`Attorney Docket Number
`MERZ010.001 C3
`
`Examiner Name
`
`1
`
`□
`
`If you wish to add additional non-patent literature document citation information please click the Add button
`
`Examiner Signature I /ROKIB MASUD/
`I 12/07/2021
`*EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through a
`citation if not in conformance and not considered. Include copy of this form with next communication to applicant.
`
`I Date Considered
`
`EXAMINER SIGNATURE
`
`1 See Kind Codes of USPTO Patent Documents at \•Ntw.USPTO.GGV or MPEP 901.04. 2 Enter office that issued the document, by the two-letter code (WIPO
`Standard ST.3). 3 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number of the patent document.
`4 Kind of document by the appropriate symbols as indicated on the document under WIPO Standard ST.16 if possible. 5 Applicant is to place a check mark here i1
`English language translation is attached.
`
`EFS Web2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/R.M./
`
`Lightspeed Ex. 1003.4
`
`

`

`Receipt date: 12/19/2017
`
`15/827,948 - GAU: 3687
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`15827948
`
`Filing Date
`2017-11-30
`First Named Inventor I Wayne BARA TT A
`Art Unit
`2192
`I Unassigned
`Attorney Docket Number
`MERZ010.001 C3
`
`Examiner Name
`
`Please see 37 CFR 1.97 and 1.98 to make the appropriate selection(s):
`
`CERTIFICATION STATEMENT
`
`D
`
`That each item of information contained in the information disclosure statement was first cited in any communication
`from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of the
`information disclosure statement. See 37 CFR 1.97(e)(1).
`
`OR
`
`That no item of information contained in the information disclosure statement was cited in a communication from a
`foreign patent office in a counterpart foreign application, and, to the knowledge of the person signing the certification
`after making reasonable inquiry, no item of information contained in the information disclosure statement was known to
`D any individual designated in 37 CFR 1.56(c) more than three months prior to the filing of the information disclosure
`statement. See 37 CFR 1.97(e)(2).
`
`D See attached certification statement.
`D The fee set forth in 37 CFR 1.17 (p) has been submitted herewith.
`IZJ A certification statement is not submitted herewith.
`
`SIGNATURE
`A signature of the applicant or representative is required in accordance with CFR 1.33, 10.18. Please see CFR 1.4(d) for the
`form of the signature.
`
`Signature
`
`Name/Print
`
`/Keith M. Lim/
`
`Keith M. lim
`
`Date (YYYY-MM-DD)
`
`2017-12-19
`
`Registration Number
`
`68,912
`
`This collection of information is required by 37 CFR 1.97 and 1.98. 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 1 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, U.S.
`Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND
`FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria,
`VA 22313-1450.
`
`EFS Web2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/R.M./
`
`Lightspeed Ex. 1003.5
`
`

`

`Receipt date: 12/19/2017
`
`15/827,948 - GAU: 3687
`
`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 may
`result in termination of 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.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`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 the Freedom of Information Act requires disclosure of these record s.
`
`A record 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.
`
`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.
`
`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).
`
`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.
`
`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)).
`
`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.
`
`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 inspections 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.
`
`EFS Web2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH"
`
`/R.M./
`
`Lightspeed Ex. 1003.6
`
`

`

`Receipt date: 04/26/2018
`
`15/827,948 - GAU: 3687
`
`PTO/SB/08 Equivalent
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`
`(Multiple sheets used when necessary)
`SHEET 1 OF 1
`
`15/827948
`Application No.
`November 30, 2017
`Filing Date
`First Named Inventor Wayne Baratta
`Art Unit
`3687
`Examiner
`Masud, Rokib
`Attorney Docket No.
`MERZ010.001 C3
`
`Document Number
`Examiner Cite
`No. Number - Kind Code (if known)
`Initials
`Example: 1,234,567 B1
`US2007/0276763 A1
`
`1
`
`U.S. PATENT DOCUMENTS
`Publication
`Date
`MM-DD-YYYY
`11-29-2007 Kleinman et al.
`
`Name
`
`Pages, Columns, Lines Where
`Relevant Passages or
`Relevant Figures Appear
`
`Foreign Patent Document
`Examiner Cite Country Code-Number-Kind
`Initials
`No.
`Code
`Example: JP 1234567 A1
`
`Publication
`Date
`MM-DD-YYYY
`
`Name
`
`Pages, Columns, Lines
`Where Relevant Passages
`or Relevant Figures
`Aooear
`
`FOREIGN PATENT DOCUMENTS
`
`NON PATENT LITERATURE DOCUMENTS
`
`Examiner Cite
`Initials
`No.
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the
`item (book, magazine, journal, serial, symposium, catalog, etc.), date, page(s), volume-issue
`number(s), publisher, city and/or country where published.
`
`2 MICROS Simphony™, http://www.micros.com:80/Products/Simphony/, dated 2006, in 1 page.
`
`T1
`
`T1
`
`3 MICROS Simphony™, http://www.micros.com:80/Products/Simphony/, dated 2006, in 1 page.
`
`4 MICROS Simphony™, http://www.micros.com:80/Products/Simphony/, dated 2006, in 1 page
`
`5 MICROS mymicros.net, http://www.micros.com:80/Products/Simphony/, dated 2006, in 1
`page.
`6 MICROS Restaurants, http://www.micros.com:80/Products/Simphony/, dated 2006, in 2
`paqes.
`
`28164181
`
`Examiner Signature
`
`/ROKIB MASUD/
`
`I Date Considered 12 /0 8 / 2 0 21
`
`*Examiner: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through citation if not
`in conformance and not considered. Include copy of this form with next communication to applicant.
`
`T1
`
`- Place a check mark in this area when an English language Translation is attached.
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/R.M./
`
`Lightspeed Ex. 1003.7
`
`

`

`Receipt date: 02/23/2018
`
`15/827,948 - GAU: 3687
`
`PTO/SB/08a (03-15)
`Doc code: IDS
`Approved for use through 07/31/2016. 0MB 0651-0031
`Doc description: Information Disclosure Statement (IDS) Filed
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`15827948
`
`Filing Date
`2017-11-30
`First Named Inventor I Baratta, Wayne
`Art Unit
`3687
`I Rokib Masud
`Attorney Docket Number
`MERZ010.001 C3
`
`Examiner Name
`
`U.S.PATENTS
`
`Examiner Cite
`Initial*
`No
`
`Patent Number
`
`Kind
`Code1 Issue Date
`
`Name of Patentee or Applicant
`of cited Document
`
`Pages,Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`
`1
`
`If you wish to add additional U.S. Patent citation information please click the Add button.
`
`U.S.PATENT APPLICATION PUBLICATIONS
`
`Examiner
`Initial*
`
`Cite No
`
`Publication
`Number
`
`Kind Publication
`Code1 Date
`
`Name of Patentee or Applicant
`of cited Document
`
`Pages,Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
`
`1
`
`If you wish to add additional U.S. Published Application citation information please click the Add button.
`
`FOREIGN PATENT DOCUMENTS
`
`Examiner Cite Foreign Document
`Initial*
`No Number3
`
`Country
`Code2i
`
`Kind Publication
`Code4 Date
`
`Name of Patentee or
`Applicant of cited
`Document
`
`Pages,Columns,Lines
`where Relevant
`Passages or Relevant
`Figures Appear
`
`TS
`
`1
`
`If you wish to add additional Foreign Patent Document citation information please click the Add button
`
`NON-PATENT LITERATURE DOCUMENTS
`
`Examiner Cite
`Initials* No
`
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of the item
`(book, magazine, journal, serial, symposium, catalog, etc), date, pages(s), volume-issue number(s),
`publisher, city and/or country where published.
`
`□
`
`TS
`
`,_
`
`EFS Web2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/R.M./
`
`Lightspeed Ex. 1003.8
`
`

`

`Receipt date: 02/23/2018
`
`15/827,948 - GAU: 3687
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`15827948
`
`Filing Date
`2017-11-30
`First Named Inventor I Baratta, Wayne
`Art Unit
`3687
`I Rokib Masud
`Attorney Docket Number
`MERZ010.001 C3
`
`Examiner Name
`
`1
`
`MICROS Delivers Harmony to POS Technology with Simphony(TM). The Industry's First True Enterprise POS
`Solution, Featuring Service Oriented Architecture, Debuts at FS/TEC, October 10, 2007, 3 pp.
`
`□
`
`If you wish to add additional non-patent literature document citation information please click the Add button
`
`EXAMINER SIGNATURE
`
`Examiner Signature I /ROKIB MASUD/
`I
`*EXAMINER: Initial if reference considered, whether or not citation is in conformance with MPEP 609. Draw line through a
`citation if not in conformance and not considered. Include copy of this form with next communication to applicant.
`
`I Date Considered
`
`12/08/2021
`
`1 See Kind Codes of USPTO Patent Documents at \•Ntw.USPTO.GGV or MPEP 901.04. 2 Enter office that issued the document, by the two-letter code (WIPO
`Standard ST.3). 3 For Japanese patent documents, the indication of the year of the reign of the Emperor must precede the serial number of the patent document.
`4 Kind of document by the appropriate symbols as indicated on the document under WIPO Standard ST.16 if possible. 5 Applicant is to place a check mark here i1
`English language translation is attached.
`
`EFS Web2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/R.M./
`
`Lightspeed Ex. 1003.9
`
`

`

`Receipt date: 02/23/2018
`
`15/827,948 - GAU: 3687
`
`INFORMATION DISCLOSURE
`STATEMENT BY APPLICANT
`( Not for submission under 37 CFR 1.99)
`
`Application Number
`
`15827948
`
`Filing Date
`2017-11-30
`First Named Inventor I Baratta, Wayne
`Art Unit
`3687
`I Rokib Masud
`Attorney Docket Number
`MERZ010.001 C3
`
`Examiner Name
`
`Please see 37 CFR 1.97 and 1.98 to make the appropriate selection(s):
`
`CERTIFICATION STATEMENT
`
`D
`
`That each item of information contained in the information disclosure statement was first cited in any communication
`from a foreign patent office in a counterpart foreign application not more than three months prior to the filing of the
`information disclosure statement. See 37 CFR 1.97(e)(1).
`
`OR
`
`That no item of information contained in the information disclosure statement was cited in a communication from a
`foreign patent office in a counterpart foreign application, and, to the knowledge of the person signing the certification
`after making reasonable inquiry, no item of information contained in the information disclosure statement was known to
`D any individual designated in 37 CFR 1.56(c) more than three months prior to the filing of the information disclosure
`statement. See 37 CFR 1.97(e)(2).
`
`D See attached certification statement.
`D The fee set forth in 37 CFR 1.17 (p) has been submitted herewith.
`IZJ A certification statement is not submitted herewith.
`
`SIGNATURE
`A signature of the applicant or representative is required in accordance with CFR 1.33, 10.18. Please see CFR 1.4(d) for the
`form of the signature.
`
`Signature
`
`Name/Print
`
`/Keith M. Lim/
`
`Keith M. Lim
`
`Date (YYYY-MM-DD)
`
`2018-02-23
`
`Registration Number
`
`68,912
`
`This collection of information is required by 37 CFR 1.97 and 1.98. 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 1 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, U.S.
`Patent and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND
`FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450, Alexandria,
`VA 22313-1450.
`
`EFS Web2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH.
`
`/R.M./
`
`Lightspeed Ex. 1003.10
`
`

`

`Receipt date: 02/23/2018
`
`15/827,948 - GAU: 3687
`
`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 may
`result in termination of 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.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`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 the Freedom of Information Act requires disclosure of these record s.
`
`A record 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.
`
`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.
`
`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).
`
`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.
`
`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)).
`
`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.
`
`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 inspections 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.
`
`EFS Web2.1.17
`
`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH"
`
`/R.M./
`
`Lightspeed Ex. 1003.11
`
`

`

`

`

`Page 2 of 2
`
`Nafa:ma! Stage of an !ntemationa! A.ppHcation under 35 LLS,C:, 371
`If a time\' submission !o enter the nationai stage of an international applica.!,on is compliant wi!I, the conditions of 35 U .S.C.
`37"1 and other applicable requiren1ents a Forn1 PCT/DO/EO/903 indicat!ng acceptance of the application as a national stage
`subm,ss,on under 35 US.C. 371 will be issued in Hddition !o the F::ing Receipt, in due course.
`
`New International AppUcaUon fi!ed wm1 the USPTO as a Receiving Off!ce
`If a new intemationai app!ication is being fileci and tl1e internationa! application includes tile necessa.ty components for an
`intemational fiiing date (see PCT .Article 1 i and MPEP 1810)- a ~JoWication of !he ln!erncrtional ApplicHtion Number and of !he
`International r::iling Da!,,, (Form F-CT/HO!"I 05) will b,,, ,ssu::id in due c:ours,,,, subject to pr,,,sc:,·iptions concerning national secur,ty,
`and the date shown on this .Ad,nowledoernent Receipt 1Nill establish the internationa! filing date of the application.
`
`Lightspeed Ex. 1003.13
`
`

`

`Docket No.: MERZ010.001C3
`
`Page 1 of 2
`
`COMMENTS ON EXAMINER'S REASONS FOR ALLOWANCE
`
`First Inventor: Baratta, Wayne
`App. No.: 15/827948
`Examiner: Masud, Rokib
`Title: WEB-BASED POINT OF SALE BUILDER
`
`Conf. No.: 2925
`Filed: November 30, 2017
`Art Unit: 3687
`
`Mail Stop Issue
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Dear Commissioner:
`
`In response to the Notice of Allowance mailed on December 1, 2021, Applicant
`
`respectfully submits the following comments.
`
`Applicant takes no position regarding any reasons for allowance presented by the
`
`Examiner (in the Notice of Allowance and/or elsewhere in the application's file history) other
`
`than the positions Applicant may have previously taken during prosecution. Therefore, any
`
`reasons for allowance presented by the Examiner should not be attributed to Applicant as an
`
`indication of the basis for Applicant's belief that the claims are patentable. Furthermore,
`
`Applicant respectfully submits that there may also be additional reasons for patentability of the
`
`claimed subject matter not explicitly stated in this record and Applicant does not waive its rights
`
`to such arguments by not further addressing such reasons herein.
`
`Applicant also respectfully reserves the right to traverse the characterizations of what any
`
`particular reference shows or discloses, of what any combination of references shows or
`
`discloses, or the appropriateness of combining references. Applicant does not acquiesce to the
`
`characterizations of what any of the references discussed in Examiner's Statement of Reasons for
`
`Allowance (the "Statement") disclose or suggest. Further, by making certain amendments to the
`
`claims, Applicant is not conceding that previously pending claims are not patentable. Rather, the
`
`amendments are being made to facilitate expeditious prosecution of this application. Applicant
`
`reserves the right to pursue at a later date any previously pending or other broader or narrower
`
`claims that capture any subject matter supported by the application's disclosure. Accordingly,
`
`reviewers of this or any child or related prosecution history shall not reasonably infer that the
`
`Applicant has made any disclaimers or disavowals of any subject matter.
`
`Lightspeed Ex. 1003.14
`
`

`

`Docket No.:
`App. No.:
`
`MERZ010.001C3
`15/827948
`
`Page 2 of 2
`
`Applicant respectfully traverses the Statement to the extent it suggests that patentability
`
`rests on a particular feature, or combination of particular features, of a particular claim or claims.
`
`It is each claim, taken as a whole and independent from other claims, that determines
`
`patentability. Moreover, Applicant respectfully traverses the Statement to the extent it
`
`paraphrases or summarizes limitations of the claims or implies that any of the claims requires
`
`something other than the combination of recited limitations. Applicant does not acquiesce to the
`
`Statement's characterization or interpretation of the claim language.
`
`Applicant respectfully objects to the Statement to the extent it may imply that
`
`patentability of the dependent claims rests solely on patentability of the independent claims.
`
`Applicant respectfully submits that each claim is patentable because of the particular
`
`combination of recited limitations.
`
`Dated: December 6, 2021
`
`54579147
`
`Respectfully submitted,
`
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`
`By:/Keith M Lim/ _ _ _ _ _ _ _ _ _ _ _ _
`Keith M Lim
`Registration No. 68,912
`Registered Practitioner
`(949) 760-0404
`
`Lightspeed Ex. 1003.15
`
`

`

`

`

`MERZ0 10.00·1 C3.pdf
`
`C176O421O4CA23E38077FC94250ABE0450A96ECAC2B93EC2
`DBF0E17E63O804171FDB38107F177C2
`
`2021 -i 2-06 Corr1ments on
`A!!owance -
`MERZ0i 0.001 C3.pdf
`
`77E1BFE9574C28AE63DF84B88C2FEE19FA60254922C292815
`EDAFC4371E8846FA9F0710980C8EEBBC17A28403BF861885C
`2A20C2C86E36F880D3BC868814CE06
`
`Page 2 of 2
`
`This Acknovvledgement Receipt eviciences receipt on t:1e noted Cate by t:1e USPTO of tl1e indicated documents, characte:-izec
`by the applirnnt, and including page counts. where appiicabie. It serves as evidence of rece,pt sini:lar to a Post CHrd. as
`described in MF'EP 503.
`
`If a new Hpplica!ion is be,ng filed and the application indudes !he necessary components for fiiing date (see 37 CH~ 1 .53(b)··(d)
`and MPU-' 506), a Hlk1g F."(ec:eipt (37 CFR 1 .54) wili b::i issued in due cours::i and the ca.te shown on this Acknowledgement
`Receipt vvill estabiish tr1e filing date of the application
`
`N;afa.ma! Stage of an !ntematim,a! Appl!cafam under 35 U.S.C. 371
`If a time\' submission !o enter the nationai stage of an international applica.t,on is compliant wi!I, the conditions of 35 U .S.C.
`371 and ot11er applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a national stane
`subm,ss,on under 35 US.C. 371 will be issued in Hddition !o the F::ing Receipt, in due course.
`
`I! a new internationai appiication is being filed and tile internationai application includes U-1e necessary components for an
`intemational ming date (see PCT Article 1 i and MPEP 1810)- a ~JoWication of !he lnterncrtional ApplicHtion Number and of !he
`International Filing Date (Form PCT/RO/"105) will be issued in due course, subject to presetiptions concerning national security,
`and the date shown on this .Aclqmwledoernent Receipt 1Nill establish tile internationai filing date of the application.
`
`Lightspeed Ex. 1003.17
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`By mail, send to: Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`By fax, send to:
`
`(571)-273-2885
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1 through 5 should be completed where appropriate. All
`further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as indicated 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 fee notifications.
`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
`papers. Each additional paper, such as an assignment or formal drawing, must
`have its own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal 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 transmitted to
`the USPTO via EFS-Web or by facsimile to (571) 273-2885, on the date below.
`
`20995
`7590
`12/01/2021
`KNOBBE MARTENS OLSON & BEAR LLP
`2040 MAIN STREET
`FOURTEENTH FLOOR
`IRVINE, CA 92614
`
`(Typed or printed name)
`
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/827,948
`
`11/30/2017
`
`Wayne BARATTA
`
`MERZ010.001C3
`
`2925
`
`TITLE OF INVENTION: WEB-BASED POINT OF SALE BUILDER
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE PREY. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1200
`
`$0.00
`
`$0.00
`
`$1200
`
`03/01/2022
`
`EXAMINER
`
`MASUD, ROKIB
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`3687
`
`705-028000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`0 Change of correspondence address ( or Change of Correspondence
`Address form PTO/SB/122) attached.
`0 "Fee Address" indication (or "Fee Address" Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`Number is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`2. For printing on the patent front page, list
`( 1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) The name of a

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