`
`AG 120 (Rev. 08/10
`
`TO:
`
`Mail Stop §
`Director of the U.S, Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`TRADEMARK
`LIFE SPINE, INC.
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. $11 16 you are hereby advised that a court action has been
`filed in the U.S. District Court
`District of Delaware
`on the following
`Ci Trademarksor
`(Patents.
`( [1 thepatent action involves 35 U.S.C. § 292.):
`
`DOCKETNO.
`
`DATE FILED
`10/13/2021
`
`PLAINTIFF
`GLOBUS MEDICAL, INC.
`
`U.S. DISTRICT COURT
`
`DEFENDANT
`
`District of Delaware
`
`
`
`
`
`
`
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`
`DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO,
`
`INCLUDED BY
`
`(0 Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`( Answer
`CT] CrossBill
`(1 Other Pleading
`HOLDER OF PATENT OR TRADEMARK
`
`
`
`
`
`
`
`In the above—entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`
`
`
`aT
`
`
`
`
`
`(BY) DEPUTY CLERK.
`
`Copy 1—Uponinitiation of action, mail this copy to Director Copy 3—Upon termination ofaction, mail this copy to Director
`Copy 2—Uponfiling documentadding patent(s), mail this copy to Director Copy 4—Casefile copy
`Exhibit 1012
`LIFE SPINE, INC.
`IPR2022-01602
`
`000001
`
`Exhibit 1012
`LIFE SPINE, INC.
`IPR2022-01602
`
`000001
`
`
`
`TRADEMARK
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`Western District of Texas - Austin Division
`onthe following
`Wi Trademarks or
`(Patents.
`( [the patent action involves 35 U.S.C. § 292.);
`
`10/7/2021
`
`Western District of Texas - Austin Division
`DEFENDANT
`
`1:21-CV-905-LY
`PLAINTIFF
`
`
`
`
`
`
`
`
`
`
`
`
`BeatStars, Inc.
`
`Space ApeLimited et al
`
`BeatStars, Inc.
`
`ep
`aE
`
`e
`pe
`
`TRADEMARK NO.
`
`DATE INCLUDED
`
`INCLUDED BY
`
`.
`
`In the above—entitled case, the following patent{s)/ trademark(s} have been included:
`
`PATENT OR
`
`O Amendment
`
`1 Answer
`
`CI Cross Bill
`
`() Other Pleading
`
`/
`
`000002
`
`000002
`
`
`
`Case Db2bov-O1445-UNA DocumentS Filed LOfES/21 Page J of 2 Pagelb i: 442
`
`AO 120 (Rev. 08/10)
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`TRADEMARK
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`
`filed in the U.S. District Court
`District of Delaware
`onthe following
`(] Trademarks or
`(WPatents.
`( [7 the patent action involves 35 U.S.C. § 292.):
`
`GLOBUS MEDICAL, INC.
`
`DEFENDANT
`
`LIFE SPINE, INC.
`
`
`
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`PATENT OR
`TRADEMARKNO.
`
`[] Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`] Answer
`
`-] Cross Bill
`
`L] Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`In the above—entitled case, the following decision has been rendered or judgementissued:
`
`DECISION/JUDGEMENT
`
`CLERK
`
`(BY) DEPUTY CLERK
`
`DATE
`
`Copy 1—Uponinitiation of action, mail this copy to Director©Copy 3—Upon termination of action, mail this copy to Director
`Copy 2—Uponfiling document adding patent(s), mail this copy to Director Copy 4—Casefile copy
`
`000003
`
`000003
`
`
`
`Case Db2bov-O1445-UNA DocumentS Filed LOfES/21 Page 2 of 2 Pagelb : 443
`
`
`
`PATENT OR
`DATE OF PATENT
`HOLDER OF PATENT
`
`TRADEMARKNO.
`OR TRADMARK
`OR TRADEMARK
`
`10,925,752
`2/23/21
`GLOBUS MEDICAL, INC.
`
`
`
`
`
`
`10,973,649
`
`4/13/21
`
`GLOBUS MEDICAL, INC.
`
`000004
`
`000004
`
`
`
`
`
`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
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`15/144,054
`
`ISSUE DATE
`
`05/01/2018
`
` APPLICATION NO.
`
`
`9956087
`
`0218.432.0004
`
`4040
`
`68153
`
`7590
`
`04/11/2018
`
`GLOBUS MEDICAL,INC.
`VALLEY FORGE BUSINESS CENTER
`2560 GENERAL ARMISTEAD AVENUE
`AUDUBON,PA 19403
`
`The projected patent numberand 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 19 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) 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.govfor additional applicants):
`
`JodyL. Seifert, Birdsboro, PA;
`GLOBUS MEDICAL, INC., AUDUBON,PA;
`Alcx Burkhardt, Leola, PA;
`Kevin Gahman, Douglasville, PA;
`Chad Glerum, Pennsburg, PA;
`Mark Weiman, Coatesville, PA;
`John Matthews, Philadelphia, PA;
`Michael Ashleigh, Chester Springs, PA;
`Scan Gill, Boothwyn, PA;
`Mark Miccio, Lynbrook, NY;
`Jason Zappacosta, Philadelphia, PA;
`
`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 USAis the best country in
`the world to develop technology, manufacture products, and grow yourbusiness, visit SelectUSA. gov.
`
`TR103 (Rev. 10/09)
`
`000005
`
`000005
`
`
`
`PARTB - FEE(S) TRANSMITTAL
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block | for any change ofaddress}
`
`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
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks |
`through 5 should be completed where
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fecs will
`be mailed to the current correspondence address as
`indicated unless corrected below or dirccted otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a scparate "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
`ave its owncertificate of mailing or transmission.
`Certificate of Mailing or Transmission
`‘
`*
`.
`;
`‘
`*
`:
`a
`Thereby certify that this Fee(s) Transmittal is being deposited with the United
`
`68153
`
`7590
`
`GLOBUS MEDICAL,INC.
`VALLEY FORGE BUSINESS CENTER
`2560 GENERAL ARMISTEAD AVENUE
`AUDUBON, PA 19403
`
`12/26/2017
`
`States ostal Service with suictentpostagefor firstclas mailin an envelope
`addressed
`to the
`Sto
`address above, or
`being
`facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`(Depositor’s name)
`{Signature}
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO,
`
`CONFIRMATION NO.
`
`05/02/2016
`15/144,054
`TITLE OF INVENTION: INTERVERTEBRAL SPACER AND PLATE
`
`Jody L. Seifert
`
`0218.432.0004
`
`4040
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`03/26/2018
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`NEGRELLIRODRIGUEZ, CHRISTINA
`3733
`623-017150
`
`
`2. For printing on the patentfront page,list
`\. akOOMcorrespondence address or indication of"Fee Address" (37
`CFR I
`(1) The names of up to 3 registered patent attomeys
`1
`
`(2) Change of correspondence address (or Change of Correspondence
`or agents OR,alternatively,
`
`Address form PTO/SB/122) attached.
`(2) The name of a single firm (having as a member a
`() "Fee Address" indication (or "Fee Address" Indication form
`registered attorney or agent) and the namesof upto
`
`?TO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`2 registered patent attorneysor agents. Ifnonameis
`3
`listed, no namewill be printed.
`Numberis required.
`
`3, ASSIGNEE NAME AND RESIDENCEDATATO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the documenthas beenfiled for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appcar on the patent.
`recordation as set forth in 37 CFR
`3.11. Completion of this form is NOT a substitute forfiling an assignment.
`{A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`2
`
`Aupugen , PA
`(qLopus MODicAa, TNC.
`Please check the appropriate assignee category or categorics (will not be printed on the patent) :
`C1 Individual
`Corporation or other private group entity C) Government
`
`
`4b. Payment of Fec(s): (Please first reapply any previousty paid issue fee shown above)
`4a, The following fee(s) arc submitted:
`Issue Fee CVAcheckis enclosed.
`
`721Publication Fee (No small entity discount permitted)
`O) Payment by ercdit card. Form PTO-2038 is attached.
`[) Advance Order- # of Copies
`he director is hereby authorized to charge therequired
`fee(s), any deficiency,or credits any
`
`overpayment, to Deposit Account Number
`=
`(encldse an extra copy of this form).
`
`5. Changein Entity Status (from status indicated above)
`Applicantcertifying micro entity status. See 37 CFR 1.29
`
`Q Applicant asserting small entity status. See 3? CFR 1.27
`
`NOTE: Absenta valid certification of Micro Entity Status (see forms PTO/SB/I5A and 15B), issue
`fee paymentin the micro entity amount will not be acceptedat the risk of application abandonment.
`NOTE: Ifthe application was previously under microentity status, checking this box will be taken
`to be a notification of loss of cntitilcment to micro entity status.
`NOTE: Checking this box will be taken to be a notification ofloss of entitlement to smal! or micro
`O Applicant changing to regular undiscounted fee status.
`entity status, as applicable.
`NOTE: This form mustbe signed in accordance with 37 CFR 1.31 and 1.33. Sce 37 CFR 1.4 for signature requirements and certifications.
`
`
`Authorized Signature
`Date 3 - 2b . ZX
`Typedor printed name Vans | k. KA kAeLA
`Registration No.
`lob z ea
`
`
`DTA Of Dart DSID 19N A mmenrind Fae cnn thenweh DASID/INANY
`
`Page 2 of 3
`OD NASI WNIT
`
`000006
`
`IT Datant and Tendawneds Afian TIO MERA DTIENT AE CARNEDCE
`
`000006
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`15144054
`
`02-May-2016
`
`Title of Invention:
`
`INTERVERTEBRAL SPACER AND PLATE
`
`
`
`First Named Inventor/Applicant Name:
`
`Jody L. Seifert
`
`Attorney Docket Number:
`
`0218.432.0004
`
`Filed as Large Entity
`
`Filing Fees for Utility under 35 USC 111(a)
`
`|
`
`.
`
`Sub-Total in
`
`
`
`Claims:
`
`
`Basic Filing:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`UTILITY APPL ISSUE FEE
`
`1501
`
`1
`
`960
`
`960
`
`000007
`
`000007
`
`
`
`Extension-of-Time:
`
`Total in USD (S$)
`
`Miscellaneous:
`
`000008
`
`000008
`
`
`
` a T
`a A
`
`he Director of the USPTOis hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Electronic AcknowledgementReceipt
`
`32150093
`EFS ID:
`
`
`Application Number:
`
`15144054
`
`Title of Invention:
`
`INTERVERTEBRAL SPACER AND PLATE
`
`
`
`ttorney Docket Number: 0218.432.0004
`
`Receipt Date:
`
`26-MAR-2018
`
`Application Type:
`
`Utility under 35 USC 111{a)
`
`Paymentinformation:
`
`000009
`
`000009
`
`
`
`
`
`File Listing:
`
`Pages
`Multi
`File Size(Bytes)/
`:
`«gs
`Document
`
`Message Digest|Part/zip| (ifappl.)
`109215
`
`Issue Fee Payment (PTO-85B)
`
`IssueFeeTrans_4320004_03261
`8. pdt
`
`dcdScbc786332988493f24ea6f02dac70b5:
`
`Information:
`
`Warnings:
`Information:
`
`fee-info.pdf
`Fee Worksheet (SB06)
`F139FAF60d93fdfa83e1676881 622752fc0FI4
`es
`
`Warnings:
`
`
`
`Total Files Size (in bytes) 139741
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTOof the indicated documents,
`characterized by the applicant, and including page counts, where applicable.It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary componentsfora 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 shownonthis
`Acknowledgement Receiptwill establish thefiling date of the application.
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0O/903indicating acceptance of the application as a
`national stage submission under35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe 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 Receiptwill establish the international filing date of
`the application.
`
`
`
`000010
`
`000010
`
`
`
`
`
`GOSTAND Toe
`
`< \ 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
`
`68153
`
`7590
`
`12/26/2017
`
`GLOBUS MEDICAL,INC.
`VALLEY FORGE BUSINESS CENTER
`2560 GENERAL. ARMISTEAD AVENUE
`AUDUBON, PA 19403
`
`EXAMINER
`
`
`
`NEGRELLIRODRIGUEZ, CHRISTINA
`
`3733
`
`DATE MAILED: 12/26/2017
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`05/02/2016
`15/144,054
`TITLE OF INVENTION: INTERVERTEBRAL SPACER AND PLATE
`
`
`
`Jody L. Seifert
`
`0218.432.0004
`
`4040
`
`
`
`
`
`
`
`ENITTLY STATUS PUBLICATION FEE DUE|PREY. PAID ISSUE FEEISSUE FEE DUB ‘TOTAL KER(S) DUE DATE DUE
`
`
`
` APPLN. ‘TYPE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$960
`
`03/26/2018
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS 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 MPEP1308.
`
`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 THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUSshown above. If the ENTITY STATUSis shown as SMALL or MICRO,verify whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUS is the same as shownabove, pay the TOTAL MNES) DUL shown above.
`If the ENTITY STATUSis changed fromthat shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled
`"Change in Entity Status (fromstatus indicated above)".
`For purposesofthis notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`II. PART B - FEE(S) TRANSMITTAL,orits 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 cxtra copy of the form should be submitted. If an cquivalent 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 paper as an equivalentof Part B.
`
`II. 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.
`
`IMPORTANT REMINDER: Maintenance fees are due in 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 duc. More informationis available at
`www.uspto.gov/PatentMaintenanceFees.
`
`PTOL-85 (Rev. 02/11)
`
`Page 1 of 3
`
`000011
`
`000011
`
`
`
`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
`
`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) indicaling a separate "FEF ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any change of address)
`
`,
`7590
`7
`68153
`\
`GLOBUS MEDICAL, INC.
`VALLEY FORGE BUSINESS CENTER
`2560 GENERAL ARMISTEAD AVENUE
`AUDUBON,PA 19403
`
`12/26/2017
`
`can only be used for domestic mailings of the
`Note: A certificate of mailing
`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
`I hereby certify that this Pee(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 PEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`
`(Date)
`
`(Depesitor's name)
`(Signature)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`05/02/2016
`15/144,054
`TITLE OF INVENTION: INTERVERTEBRAL SPACER AND PLATE
`
`
`
`Jody L.Seifert
`
`0218.432.0004
`
`4040
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`SO
`
`$960
`
`03/26/2018
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`NEGRELLIRODRIGUEZ, CHRISTINA
`
`3733
`
`623-017150
`
`
`
`
`
`1. Change of correspondence address orindication of "Fee Address" (37
`CER1.363).
`I Change ofcorrespondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`LL] “Fee Address” indication (or "Fee Address" Indication form
`PTO/SB/47, Rev 03-02 or morc recent) attached. Use of a Customer
`Numberis required.
`
`3. ASSIGNEE NAML AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`If an assignee is identified below, the document has beenfiled for
`PLEASE NO'E: Unless an assignee is identitied 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)
`
`2. For printing on the patent front page, list
`(1) The namesof up to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) The nameof a single firm (having asa membera
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. Ifnonameis
`listed, no name will be printed.
`
`+
`
`4
`.
`
`
`
`Please check the appropriate assignee calegory or calegories (will not be printed on the patent) :
`
`LV individual LI Corporation or other private group entily LY Government
`
`4a. The following fee(s) are submitted:
`Lh issuc Fee
`LY Publication Fee (Nosmall entity discount permitted)
`(] Advance Order- # of Copies
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`LIA cheek is enclosed.
`LI Payment by credit card. Form PTO-2038is attached.
`[I 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).
`
`
`
` LI Applicant asserting small entity status. See 37 CFR 1.27
`
`5. Change in Entity Status (from status indicated above)
`Ly Applicant certifying micro entity status. See 37 CFR 1.29
`
`
`NOTE: Absenta valid certification of Micro Entity Status (see forms PTO/SB/ISA and 5B), issue
`fec payment in the micro entity amountwill not be accepted at the 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:Checkingthis box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`NOTE:This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 14 for signature reguirements and certifications.
`
`I Applicant changing to regular undiscounted fee status.
`
`Authorized Signature
`
`Typed or printed name
`
`
`Date
`
`Registration No.
`
`PTOL-85 Part B (10-13) Approved for use through 10/31/2013.
`
`OMB0651-0033
`
`
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of 3
`
`000012
`
`000012
`
`
`
`
`
`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.
`
`TILING DATE
`
`TIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`
`
`15/144,054
`
`(05/02/2016
`
`Jody L. Seifert
`
`218.432.0004
`
`4040
`
`68153
`
`7590
`
`12/26/2017
`
`GLOBUS MEDICAL,INC.
`VALLEY FORGE BUSINESS CENTER
`2560 GENERAL. ARMISTEAD AVENUE
`AUDUBON, PA 19403
`
`EXAMINER
`
`
`
`NEGRELLIRODRIGUEZ, CHRISTINA
`
`3733
`
`DATE MAILED: 12/26/2017
`
`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 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`000013
`
`000013
`
`
`
`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 instrumentthat will be used to collect the information and (ii) requires the
`agency to inform the public about the OMB Control Number’s Icgal 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 whichis 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, 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 TO: Commissioner for Patents, P.O. Box
`1450, Alexandria, Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no persons are required to
`respond to 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 uscd by the U.S. Patent and Trademark Office is to proccss and/or cxamine 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 notbe able to process and/or examine your submission, which may result in termination of
`proceedings or abandonmentof 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
`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
`bythe 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, magistratc, or administrative tribunal, including disclosures to opposing counscl in the course of
`setlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, toa 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 usc, 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 Coopcration 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 managementpractices 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 otherrelevant (i.e., GSA or Commerce) directive.
`Such disclosure shall not be used to make determinations about individuals.
`8. Arccord from this system of records may be disclosed, as a routine usc, to the public after cithcr 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 issucd patent.
`9. A record from this system of records may be disclosed, as a rouline use, to a Federal, State, or local law
`enforcement agency, if the USPTO becomes awareofa violation or potential violation of law or regulation.
`
`000014
`
`000014
`
`
`
` Application No. Applicant(s)
`
`15/144,054
`SEIFERT ET AL.
`Status Yes
`-
`ape
`7
`i
`AIA (First Inventorto File)
`Notice of Allowability
`CHRISTINA NEGRELLI
`3733m
`
`-- 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 GRANTOF 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. KJ This communication is responsive to 10/23/2017.
`DOA declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`.
`
`2. (J An election was madebythe applicant in responseto a restriction requirementset forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3. &] The allowed claim(s) is/are 7-14. 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
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`4. 1] Acknowledgmentis made ofa claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`‘*c) (1) Noneof the:
`a) All
`b)L)Some
`1. CJ Certified copies ofthe priority documents have been received.
`2. C] Certified copies of the priority documents have been received in Application No.
`3. [1] Copies ofthe certified copies of the priority documents have beenreceived 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 ofthis application.
`THIS THREE-MONTHPERIODIS NOT EXTENDABLE.
`
`5. ] CORRECTED DRAWINGS ( as “replacement sheets”) must be sub
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