To:
`From:
`Cc:
`Subject:
`
`USPTOmail@beyerlaw.com"
`PAIR_eOfficeAction@uspto.gov
`PAIR_eOfficeAction@uspto.gov
`Private PAIR Correspondence Notification for Customer Number 58766
`
`Sep 29，201605:44:19 AM
`
`Dear PAIR Customer:
`
`Beyer Law Group LLP
`P. O. Box 51887
`Palo Alto， CA 94303-1887
`UNITED STATES
`
`The following USPTO patent application(s) associated with your Customer Number， 58766 ， have
`new outgoing correspondence. This correspondence is now available for viewing in Private PAIR
`
`The official date of notification of the outgoing correspondence will be indicated on the form PTOし90
`accompanying the correspondence.
`
`Disclaimer
`The list of documents shown below is provided as a courtesy and is not part of the official file
`wrapper. The content of the images shown in PAIR is the official record
`
`Application
`14204497
`
`Document
`ISSUE.NTF
`
`Mailroom Date Attorney Docket No.
`09/28/2016
`HMG1 P008
`
`To view your correspondence online or update your email addresses， please visit us anytime at
`https://sportal.uspto.gov/secure/myportal/privatepair.
`
`If you have any questions， please email the Electronic Business Center (EBC) at EBC@uspto.gov
`with 'e-Office Action' on the su同ectline or c剖11-866-217-9197during the following hours:
`
`Monday -Friday 6:00 a.m. to 12:00 a.m
`
`Thank you for prompt attention to this notice，
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT APPLlCATION INFORMATION RETRIEVAL SYSTEM
`
`Ex. 2004, Page 1
`Patent Owner Humangear, Inc.
`Industrial Revolution, Inc. v. Humangear, Inc.: IPR2023-01174
`
`

`

`UNITED STA TES P A TENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTl\但~NT OF COMMERCE
`United States Patent and Trademark Office
`Address: COl\品1ISSIONERFOR PATENTS
`P.O. Box 1450
`Alexandria， Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO
`
`ISSUEDATE
`
`PATENTNO
`
`ATTORNEY DOCKET NO
`
`CONFIRMATION NO
`
`14/204，497
`
`10/18/2016
`
`9468321
`
`H MGlP008
`
`1678
`
`58766
`7590
`Beyer Law Group LLP
`P. O. Box 51887
`Palo Alto， CA 94303-1887
`
`09/28/2016
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29，2000)
`
`The Patent Term Adjustment is 123 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application， the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CP A.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(s) (Please s∞PAIR WEB site http://pair.uspto.gov for additional applicants):
`
`humangear， Inc.， San Francisco， CA
`Christopher A. MIKSOVSKY， San Francisco， CA;
`Clint N. SLONE， San Francisco， CA;
`Evelyne CHAUBERT， San Francisco， CA;
`Charlie NGHIEM， Oakland， CA;
`Robert Charles LANE， Larkspur， CA;
`Jonathan Paul DOWNING， Belmont， 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
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology， manufacture products， and grow your business， visit.selectUSA.!Wv.
`
`IR103 (Rev. 10/09)
`
`Humangear, Inc. Ex. 2004, Page 2
`
`

`

`PART B -FEE(S) TRANSMITTAL
`
`Complete and send this form， together with appli伺 blefe則的， to:且辺lMail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria， Virginia 22313-1450
`(571)ー273-2885
`
`orE鑑
`
`INSTRUCTIONS目 Thisform 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.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`7590
`58766
`Beyer Law Group LLP
`
`P. O. Box 51887
`Palo Alto， C A 94303-1887
`
`06114/2016
`
`Note目 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
`
`fp m Eba配叫叫cha刈刷刷d“州d“ltJ剛alp伊ap仰e町r，叩 叩Cぬh出 a組na叫 n凹凹nm即n
`
`ave Jts own c印er凶tif白lC印at臼eoぱfma剖1山lingo凹rt紅ransml目ss司aon1
`
`Certificate of Mailing or Transmission
`1 hereby certify出atthis Fee(s) Transmittal is being deposited with the United
`S~a.tes Po.stal S~rvi_c~ ~it!I suff~~~~!.p_C>~_3:ge f<?r first .class mai~ in an ~nvelop'e
`addressed to theMail Stop ISSUE FEE address above， or being facsimile
`transmitted to the USPTO (571) 273-2885， on the date indicated below
`
`(Depositor's name)
`
`(Si伊 国ure)
`
`(Date)
`
`APPLICATION NO
`
`FILINGDATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO. I CONFIRMATIONNO
`
`14/204，497
`
`03/ll/2014
`
`Christopher A. MIKSOVSKY
`
`H MGlP008
`
`1678
`
`TITLE OF INVENTION目 EATINGUTENSIL SYSTEM
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE I PUBLICATION FEE DUE I PREV. PAID ISSUE FEE I TOTAL FEE(S) DUE
`
`DATEDUE
`
`nonprovisional
`
`SMALL
`
`$480
`
`$0
`
`$0
`
`$480
`
`09/14/2016
`
`EXAMlNER
`
`ARTUNIT
`
`CLASS-SUBCLASS
`
`PRONE， JASON D
`
`3724
`
`030-150000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`o Change of correspondence address (or Change of Correspondence
`AddressおrmPTO/SB/l22) attached.
`o甲 eeAddress" indication (or甲 eeAddress" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on出epatent front page， list
`
`1 Bever Law Groun LLP
`
`(1) The names of up to 3 registered patent attorneys
`or agents OR， alterriatively，
`(2) The name of a single firm (having as a member a 2
`registered attorney or agent) and the names of up to
`
`2 registered patent attorneys or agents. If no name is ，
`
`listed， no name will be p r i n t e d . ν
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`PLEASE NOTE田 Unlessan assignee is identified below， no assignee data will appear on出epatent. If an assignee is identified below， the document has been filed for
`recordation as set for出 in37 CFR 3.11. Completion of出isform is NOT a substitute for filing ari assignment.
`
`(A) NAME OF ASSIGNEE
`
`humangearラ Inc.
`
`(B) RESIDENCE目 (CITYand STATE OR COUNTRY)
`
`San Franciscoラ C A
`
`Please check the appropriate assignee category or categories (will not be pr凶 edon the patent)目 oIndividual 瞳 Co中 orationor other private group ent町 oGovernment
`
`4a. The following fee( s) are sutヲmitted目
`
`m IssueFee
`o Publication Fee (No small entity disωuntp巴rmitted)
`国 AdvanceOrder -# of Copies _ _ 3
`
`4b. Payment ofFee(s)目 (Pleasefirst reapply any previously paid issue fee shown above)
`l2:iI Acheckis四 closed
`o Payment by credit card. Form PTO-2038 is attach吋.
`司Thedirector is hereby au出orizedto charge the:民qui_redf，田(s)，any deficiency， ぽ cr吋 itsany
`ove叩 ayment，to Deposit Account Number 弓04-4RL__(enclose an ex佐acopy of出isform)
`
`5. Change in Entity Status (from status indicated above)
`O A勾pp凶lic印an凶tc悶eぽ副削rt山tJ均f今削y戸1I叫I
`
`OAppμlicant as悶tJ叫 sma
`
`O A p卯plic印an凶tcha組n時昭1培g♂1ll略gtω0吋 ul防a紅rund山 our附 df，配 Sはta泣tu山S
`
`立Q工己~ Absent a valid certification of Micro Entity Status (see forms PTO/SB/l5A and 15B)， issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment
`NOTE目 If出eapplication was previously under micro entity status， checking出isbox will be taken
`E古Eτnotificafionof loss of entitlement to micro entity status
`立Q工己~ Checking出isbox will be taken to be a notification of loss of entitlement to small or micro
`entity status， as applicable
`
`NOTE目 Thisform must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Authorized Signature _ _ /Tina Chenl
`
`Typed or printed name Tina Chen
`
`Date Sentember 13. 2016
`
`Registration No. 44 606
`
`PTOL-85 Part B (10-13) Approved for use through 10/3112013
`
`OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 2 of3
`
`Humangear, Inc. Ex. 2004, Page 3
`
`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`14204497
`
`11-Mar-2014
`
`Title of Invention:
`
`EATING UTENSIL SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Christopher A. MIKSOVSKY
`
`Filer:
`
`Tina Chen/Cara Romero
`
`Attorney Docket Number:
`
`HMG1 P008
`
`Filed as Small Entity
`
`Filing Fees for Utility under 3S USC 111 (a)
`
`Description
`
`FeeCode Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Utility Appllssue Fee
`
`2501
`
`480
`
`480
`
`Humangear, Inc. Ex. 2004, Page 4
`
`

`

`Description
`
`FeeCode Quantity
`
`Amount
`
`Sub-Total in
`USD($)
`
`Extension-of-Time:
`
`Miscellaneous:
`
`Printed Copy of Patent -No Color
`
`8001
`
`3
`
`3
`
`9
`
`Total in USD ($)
`
`489
`
`Humangear, Inc. Ex. 2004, Page 5
`
`

`

`Electronic Acknowledgement Receipt
`
`EFSID:
`
`26906073
`
`Application Number:
`
`14204497
`
`International Application Number:
`
`Confirmation Number:
`
`1678
`
`Title of Invention:
`
`EATING UTENSIL SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Christopher A. MIKSOVSKY
`
`Customer Number:
`
`58766
`
`Filer:
`
`Tina Chen/Cara Romero
`
`Filer Authorized By:
`
`Tina Chen
`
`Attorney Docket Number:
`
`HMG1 P008
`
`Receipt Date:
`
`13-SEP-2016
`
`Filing Date:
`
`11-MAR-2014
`
`TimeStamp:
`
`14:46:54
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
`
`Submitted with Payment
`
`yes
`
`Payment Type
`
`Deposit Account
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`$489
`
`1278
`
`504481
`
`CHEN， TINA
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Charge any Additional Fees required under 37 CFR 1.16 (National application filing， search， and examination fees)
`
`Charge any Additional Fees required under 37 CFR 1.17 (Patent application and reexamination processing fees)
`
`Humangear, Inc. Ex. 2004, Page 6
`
`

`

`File Listing:
`
`Document
`Number
`
`Warnings:
`
`Information:
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Pages
`Multi
`Message Digest Part /.zip (ifappl.)
`
`1104357
`
`Issue Fee Payment (PTO-85B)
`
`HMG1 P008_IF _Pmt.pdf
`
`no
`
`414f1 Saac32a 13b2S 1 e4eeOd8cad4dS39fb
`27320
`
`2
`
`Fee Worksheet (5B06)
`
`fee-info.pdf
`
`no
`
`2
`
`da6dd174cd2Sa88fbbfe2de6be 79dcOf4ce
`a62f
`
`31961
`
`Warnings:
`
`Information:
`
`Total Files Size (in bytes)
`
`1136318
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents，
`characterized by the applicant， and including page counts， where applicable. It serves as evidence of receipt similar to a
`Post Card， as described in MPEP 503.
`
`New Applications Under 35 U.S.c. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)ー(d)and MPEP 506)， a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.c. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.c. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.c. 371 will be issued in addition to the Filing Receipt， in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810)， a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/1 05) will be issued in due course， subject to prescriptions concerning
`national security， and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Humangear, Inc. Ex. 2004, Page 7
`
`

`

`UNITED STA 1ES P A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPART百1ENTOF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria， Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOW ANCE AND FEE(S) DUE
`
`7590
`58766
`Beyer Law Group LLP
`P. O. Box 51887
`Palo Alto， CA 94303-1887
`
`06114/2016
`
`EXAMlNER
`
`PRONE， JASON D
`
`ART UNIT
`
`I PAPER NUMBER
`
`3724
`
`DATEMAILED目 06/14/2016
`
`APPLICATION NO
`
`FILINGDATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO. I CONFIRMATIONNO
`
`14/204，497
`
`03111/2014
`
`Christopher A. MIKSOVSKY
`
`H MGlP008
`
`1678
`
`TITLE OF INVENTION目 EATINGUTENSIL SYSTEM
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE I PUBLICATION FEE DUE I PREV. PAID ISSUE FEE I TOTAL FEE(S) DUE
`
`DATEDUE
`
`nonprovisiona1
`
`SMALL
`
`$480
`
`$0
`
`$0
`
`$480
`
`09/14/2016
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN IHREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. 工HIS
`aTATlTTORY PERIOD ~ANNOT 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 REAPPL Y THE PREVIOUSL Y PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPL Y TO THIS NOTICE:
`
`1. Review the ENTITY STATUS shown above. If the ENTITY ST ATUS is shown as SMALL or MICRO， verify whether entit1ement to that
`entity status still applies.
`
`If the ENTITY ST ATUS is the same as shown above， pay the TOTAL FEE(S) DUE shown above.
`
`Ifthe ENTITY STATUS is changed from that shown above， on PART B -FEE(S) TRANSMITTAL， complete section number 5 tit1ed
`"Change in Entity Status (from status indicated above)".
`
`For purposes of this notice， small entity fees are 1/2 the amount of undiscounted fees， and micro entity fees are 1/2 the amount of small entity
`f∞s.
`
`11. 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 PUBLICA TION FEE (if required). If you are charging the fee(s) to your deposit account， section "4b"
`of Part B -Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed， a
`request to reapply a previously paid issue fee must be c1early made， and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`111. 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: Utility patents issuing on applications filed on or after Dec. 12， 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 02/11)
`
`Page 1 of3
`
`Humangear, Inc. Ex. 2004, Page 8
`
`

`

`PART B -FEE(S) TRANSMITTAL
`
`Complete and send this form， together with appli伺 blefe則的， to:且辺lMail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria， Virginia 22313-1450
`(571)ー273-2885
`
`orE鑑
`
`INSTRUCTIONS目 Thisform 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.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change of address)
`
`7590
`58766
`Beyer Law Group LLP
`P. O. Box 51887
`Palo Alto， CA 94303-1887
`
`06114/2016
`
`Note目 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
`
`f p m Eba配叫叫cha刈刷刷d“州d“ltJ剛alp伊ap仰e町r，叩 叩Cぬh出 a組na叫 n凹凹nm即n
`
`ave Jts own c印er凶tif白lC印at臼eoぱfma剖1山lingo凹rt紅ransml目ss司aon1
`
`Certificate of Mailing or Transmission
`1 hereby certify出atthis Fee(s) Transmittal is being deposited with the United
`S~a.tes Po.stal S~rvi_c~ ~it!I suff~~~~!.p_C>~_3:ge f<?r first .class mai~ in an ~nvelop'e
`addressed to theMail Stop ISSUE FEE address above， or being facsimile
`transmitted to the USPTO (571) 273-2885， on the date indicated below
`
`(Depositor's name)
`
`(Si伊 国ure)
`
`(Date)
`
`APPLICATION NO
`
`FILINGDATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO. I CONFIRMATIONNO
`
`14/204，497
`
`03/ll/2014
`
`Christopher A. MIKSOVSKY
`
`H MGlP008
`
`1678
`
`TITLE OF INVENTION目 EATINGUTENSIL SYSTEM
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE I PUBLICATION FEE DUE I PREV. PAID ISSUE FEE I TOTAL FEE(S) DUE
`
`DATEDUE
`
`nonprovisional
`
`SMALL
`
`$480
`
`$0
`
`$0
`
`$480
`
`09/14/2016
`
`EXAMlNER
`
`ARTUNIT
`
`CLASS-SUBCLASS
`
`PRONE， JASON D
`
`3724
`
`030-150000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`
`AddressおrmPTO/SB/l22) attached.
`
`o Change of correspondence address (or Change of Correspondence
`o甲 eeAddress" indication (or甲 eeAddress" Indication form
`
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on出epatent front page， list
`
`(1) The names of up to 3 registered patent attorneys
`or agents OR， alterriatively，
`
`(2) The name of a single firm (having as a member a 2
`registered attorney or agent) and the names of up to
`
`2 registered patent attorneys or agents. If no name is ，
`
`listed， no name will be p r i n t e d . ν
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED O N THE PATENT (print or type)
`
`PLEASE NOTE田 Unlessan assignee is identified below， no assignee data will appear on出epatent. If an assignee is identified below， the document has been filed for
`recordation as set for出 in37 CFR 3.11. Completion of出isform is NOT a substitute for filing ari assignment.
`
`(A) NAME OF ASSIGNEE
`
`(B) RESIDENCE目 (CITYand STATE OR COUNTRY)
`
`Please check the appropriate出 S伊 eecategory or categories (will not be printed on the patent)目 oIndividual 0 Corporation or other private group ent町 oGovernment
`
`4a. The following fee( s) are sutヲmitted目
`
`o Issue Fee
`o Publication Fee (No small entity disωuntp巴rmitted)
`o Advance Order -# of Copies
`
`5. Change in Entity Status (from status indicated above)
`O A勾pp凶lic印an凶tc悶eぽ副削rt山tJ均f今削y戸1I叫I
`
`OAppμlicant as悶tJ叫 sma
`
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`
`4b. Payment ofFee(s)目 (Pleasefirst reapply any previously paid issue fee shown above)
`
`o Acheckis四 closed
`o Payment by credit card. Form PTO-2038 is attach吋.
`o The director is hereby au出orizedto charge the民 quiredf，目的， any deficiency，ぽ cr吋 itsany
`
`ove叩 ayment，to Deposit Account Number
`
`(enclose an ex佐acopy of出isform)
`
`立Q工己~ Absent a valid certification of Micro Entity Status (see forms PTO/SB/l5A and 15B)， issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment
`
`NOTE目 If出eapplication was previously under micro entity status， checking出isbox will be taken
`E古Eτnotificafionof loss of entitlement to micro entity status
`立Q工己~ Checking出isbox will be taken to be a notification of loss of entitlement to small or micro
`entity status， as applicable
`
`NOTE目 Thisform must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Authorized Signature
`
`Typed or printed n組 le
`
`Date
`
`Registration No.
`
`Page 2 of3
`
`PTOL-85 Part B (10-13) Approved for use through 10/3112013
`
`OMB 0651-0033 U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Humangear, Inc. Ex. 2004, Page 9
`
`

`

`UNITED STA 1ES P A 1ENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPART百1ENTOF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria， Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO
`
`FILINGDATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO. I CONFIRMATIONNO
`
`14/204，497
`
`03111/2014
`
`Christopher A. MIKSOVSKY
`
`H MGlP008
`
`1678
`
`58766
`7590
`Beyer Law Group LLP
`P. O. Box 51887
`Pa10 Alto， CA 94303-1887
`
`06114/2016
`
`EXAMlNER
`
`PRONE， JASON D
`
`ART UNIT
`
`I PAPER NUMBER
`
`3724
`
`DATEMAILED目 06/14/2016
`
`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.
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.c. 154(b)(3)(B)(i) to eliminate the
`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 of3
`
`Humangear, Inc. Ex. 2004, Page 10
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`

`

`OMB Clearance and PRA Burden Statement for PTOL・85Part 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. W hen OMB approves an agency
`request to collect information from the public， OMB (i) provides a valid OMB Control Number and expiration
`date for the agency to display on the instrument that will be used to collect the information and (ii) requires the
`agency to inform the public about the OMB Control Number's legal significance in accordance with 5 CFR
`1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 12 minutes to complete，
`including gathering， preparing， and submitting the completed application form to the USPTO. Time will vary
`depending upon the individual case. Any comments on the amount of time you require to complete this form
`and/or suggestions for reducing this burden， should be sent to the Chief Information Officer， 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) requ廿esthat 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
`requ廿ementsof 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 pu中 osefor 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. 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. 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.
`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
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`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 Pr甘 acyAct of 1974， as amended， pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed， as a routine use， to the International Bureau of the World Intellectual Property
`Organization， pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed， as a routine use， to another federal agency for pu中 oses
`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.
`Such disclosure shall not be used to make determinations about individuals.
`8. A record from this system of records may be disclosed， as a routine use， to the public after either publication
`of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further， a
`record may be disclosed， subject to the limitations of 37 CFR 1.14， as a routine use， to the public if the
`record was filed in an application which became abandoned or in which the proceedings were terminated
`and which application is referenced by either a published application， an application open to public
`inspection or an issued patent.
`9. A record from this system of records may be disclosed， as a routine 耐 久 toa Federal， State， or local law
`enforcement agency， if the USPTO becomes aware of a violation or potential violation of law or regulation.
`
`Humangear, Inc. Ex. 2004, Page 11
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`

`

`Notice of Allowability
`
`|州cat川 0
`
`14/204，497
`
`|Emminer
`Jason Daniel Prひne
`
`--The MAILlNG DA TE of this communication appears on the cover sheet with the correspondence address--
`AII claims being allowable， PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed)， a Notice of 刈 lowance(PTOL-85) or other appropriate communication will bemailedinduecourse.THl5
`NOTICE OF ALLOWABILlTY 15 NOT A GRANT OF PATENT RIGHT5. 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.口Thiscommunication is responsive to的eamendment a斤erfinal received 5-27-16.
`口Adeclaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed o n _ー
`2.口Anelection was made by the applicant in response to a restriction requirement set forth during the interview on _一一;the restriction
`requirement and election have been incorporated into this action.
`
`3 図 Theallowed claim(s) is/are 1-6.8.10-13 and 36-45. As a result of the allowed claim(s)， you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application. For more information，
`please see htto:i/WWW.usQto.govI.Qatentsiinit events胤 )h!indexjsoor send an inquiry to PPHfeedback@usQto.gov
`4.口Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. S 119(a)ー(d)or (f).
`Certified copies:
`a)口 AII b)口Some *c)口Noneof the
`1.口Certifiedcopies of the priority documents have been received
`2.口Certifiedcopies of the priority documents have been received in Application No. _一一
`3.口Copiesof the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:一一一一・
`
`Applicant has THREE MONTHS FROM THE“MAILlNG DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application
`THI5 THREE-MONTH PERIOD 15 NOT EXTENDABLE.
`5.口CORRECTEDDRAWINGS ( as“replacement sheets") must be submitted.
`口 includingchanges requi削 bythe attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mail Date _一一一・
`Identi1ying indicia such as the application number (see 37 CFR 1.84{c)) should be written on the drawings in the 1ront (not the back) 01
`each sheet. Replacement sheet{s) should be labeled as such in the header according to 37 CFR 1.121{d).
`6 口DEPOSITOF 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.
`
`Attachment(s)
`1.口Noticeof References Cited (PTO-892)
`2.口InformationDisclosure Statements (PTO/SB/08)，
`Paper No./Mail Date _一一一
`3.口Examiner'sComment Regarding Requirement for Deposit
`of Biological Material
`4.口InterviewSummary (PTO-413)，
`Paper No./Mail Date _一一一
`/Jason Daniel Prone/
`Primary Examiner， A吋 Unit3724
`
`5.図 Examiner'sAmendment!Comment
`6.口Examiner'sStatement of Reasons for Allowance
`
`7.図 OtherPT02盟
`
`U.S. Patent and Trademark Off氾e
`PTOし37(Rev. 08.13)
`
`Notice 01 Allowability
`
`Part 01 Paper No./Mail Dale 20160601
`
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`Humangear, Inc. Ex. 2004, Page 12
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`

`

`Application/Control Number: 14/204，497
`Art Unit: