Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 1 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 1 of 12
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`EXHIBIT D
`EXHIBIT D
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`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 2 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 2 of 12
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`Attorney Docket No.: 30160-0002003
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Applicant
`Serial No.
`Filed
`Title
`
`: 2172
`Art Unit
`: Touchstream Technologies, Inc.
`: Huffington, John M
`Examiner
`: 13/736,590
`: 6845
`Conf. No.
`: January 8, 2013
`: PLAY CONTROL OF CONTENT ON A DISPLAY DEVICE
`
`Mail Stop Amendment
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENTIN REPLY TO ACTION OF JUNE3, 2013
`
`Please amend the above-identified application as follows:
`
`

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`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 3 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 3 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 2of1l
`
`Attorney’s Docket No.: 30160-0002003
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`Amendments to the Claims:
`
`This listing of claimsreplacesall prior versions andlistings of claims in the application:
`
`Listing of Claims:
`
`1.
`
`2.
`
`content.
`
`(Canceled)
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`(Currently amended) The method of claim 31 wherein the file stores audio
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`3.
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`(Currently amended) The method of claim 31 wherein thefile stores video
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`content.
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`4.
`
`(Currently amended) The method of claim 31 wherein the file stores multimedia
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`content.
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`5.
`
`6.
`
`7.
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`(Currently amended) The method of claim 31 wherein the file stores images.
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`(Currently amended) The method of claim 31 wherein the file stores slides.
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`(Currently amended) The method of claim 31 wherein thefile stores elements of
`
`interactive content.
`
`8.
`
`(Currently amended) The method of claim 31 including loading, by the server
`
`system, a set of protocols or application programminginterfaces from a library based on the
`
`identity of the particular media player.
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`

`

`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 4 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 4 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 3of 11
`
`Attorney’s Docket No.: 30160-0002003
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`9.
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`(Currently amended) The method of claim 31 wherein obtaining programming
`
`code correspondingto the action control commandincludes accessing a look-uptable.
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`10.
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`(Original) The method of claim 9 wherein the look-up table stores a plurality of
`
`specific commands, each of which represents, respectively, a commandfor a different media
`
`player and each of which correspondsto the action control command.
`
`11.
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`(Currently amended) The method of claim 31 wherein the action control
`
`commandrepresents an instruction to play the content, to stop playing the content or to pause
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`playing the content.
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`12.
`
`(Currently amended) The method of claim 31 wherein the synchronization code
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`is uniquely associated with the content presentation device on which the content is to be played.
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`13.
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`(Original) The method of claim 12 wherein assigning a synchronization code
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`includes assigning a randomly generated code to the content presentation device each time the
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`content presentation device connects to the server system.
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`14.
`
`(Currently amended) A system for controlling playing of content on a content
`
`presentation device that loads anyoneofa plurality of different media players, the system
`
`comprising:
`
`a server system,
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`a database storing a relationship between a personal computing device and the content
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`presentation device based on a synchronization code assigned by the server system to the content
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`presentation device and received by the server system in a message generated by the personal
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`computing device, wherein the personal computing device is separate from the server system and
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`separate from the display device; and
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`wherein the server system is configured to receive one or more messages generated by
`
`the personal computing device, the one or more messages, taken together, speetfying specify a
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`file to be acted upon, identifying identify a particular media player for playing content from the
`
`

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`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 5 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 5 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 4of 11
`
`Attorney’s Docket No.: 30160-0002003
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`file, and+nehidine include an action control commandfor controlling playing of the content on
`
`the content presentation device by the particular media player;
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`one or more computer-readable mediastoring instructions that when executed by the
`
`server system, cause the server system to identify programming code correspondingto the action
`
`control command, wherein the programmingcodeis for controlling presentation by the particular
`
`media player of the content by the content presentation device;
`
`the server system being further configured to store information for transmission to or
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`retrieval by the content presentation device, wherein the information specifies the file to be acted
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`upon,identifies the particular media player for playing the content, and includes the
`
`corresponding programming code to control playing of the content on the content presentation
`
`device by the particular media player in accordance with the action control command,
`
`wherein the content presentation device obtains the particular media player over a
`
`network from a content provider and loads the particular media player in the content presentation
`
`device if the particular media player is not already loaded in the content presentation device, and
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`wherein the content presentation device uses the particular media player to execute the
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`programming code with respect to thefile.
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`15.
`
`(Original) The system of claim 14 wherein the file stores audio content.
`
`16.
`
`(Original) The system of claim 14 whereinthefile stores video content.
`
`17.
`
`(Original) The system of claim 14 wherein the file stores multimedia content.
`
`18.
`
`(Original) The system of claim 14 wherein the file stores images.
`
`19.
`
`(Original) The system of claim 14 whereinthefile stores slides.
`
`20.
`
`(Original) The system of claim 14 whereinthe file stores elements of interactive
`
`content.
`
`

`

`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 6 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 6 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: Sof ll
`
`Attorney’s Docket No.: 30160-0002003
`
`21.
`
`(Original) The system of claim 14 including:
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`a library storing protocols or application programminginterfaces,
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`wherein the server system is configured to load a set of protocols or application
`
`programminginterfaces from the library based on the identity of the particular media player.
`
`22.
`
`(Original) The system of claim 14 including:
`
`a look-up table storing a plurality of specific commands, each of whichrepresents,
`
`respectively, a commandfor a different media player and each of which correspondsto the
`
`action control command,
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`wherein the server system is configured to obtain the programming code corresponding to
`
`the action control commandby accessing the look-up table.
`
`23.
`
`(Original) The system of claim 14 wherein the synchronization code is uniquely
`
`associated with the content presentation device on whichthe contentis to be played.
`
`24.
`
`(Original) The system of claim 23 wherein the server system is configured to
`
`assign as the synchronization code a randomly generated code each time the content presentation
`
`device connects to the server system.
`
`25.
`
`(Currently amended) A method of controlling presentation of content on a
`
`content presentation device that loads anyoneofa plurality of different media players, the
`
`method comprising:
`
`receiving, in a server system, a first message from a personal computing devicethatis
`
`separate from the server system and separate from the content presentation device, wherein the
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`first message includes information based on a synchronization code assigned to the content
`
`presentation device;
`
`using the information based on the synchronization codethat is received in the server
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`system to store a record establishing an association between the personal computing device and
`
`the content presentation device;
`
`

`

`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 7 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 7 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 6o0f 11
`
`Attorney’s Docket No.: 30160-0002003
`
`receiving, in the server system, a second message from the personal computing device,
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`the second messagespecifying a file to be acted upon,identifying a particular media player for
`
`playing content from thefile, and including an action control commandfor presentation ofthe
`
`content on the content presentation device by the particular media player, the action control
`
`command being independent of the particular media player;
`
`identifying, by the server system, programming code correspondingto the action control
`
`command, wherein the programming codeis for controlling presentation of the content by the
`
`content presentation device using the particular media player;
`
`obtaining, by the content presentation device, the particular media player, wherein the
`
`particular media player is obtained over a network from a content provider;
`
`loading the particular media player in the content presentation device; and
`
`using the particular media player to execute the programming code with respect to the
`
`file.
`
`26.
`
`(Currently amended) The method of claim 31 [[25]] including:
`
`receiving, in the server system, a third further message from the personal computing
`
`device, the third further message including a second action control command;
`
`identifying second programming code correspondingto the second action control
`
`command, wherein the second programming codeis for controlling presentation of the content
`
`by the content presentation device using the particular media player; and
`
`using the particular media player to execute the second programming code with respect to
`
`the file.
`
`27.
`
`(Currently amended) The method of claim 31 [[25]] including:
`
`receiving, in the server system, a third further message from the personal computing
`
`device, the third further message specifying a secondfile to be acted upon, identifying a second
`
`media player for playing second content from the secondfile, and including a second action
`
`control command for presentation of the second content on the content presentation device by the
`
`second media player;
`
`

`

`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 8 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 8 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: Tof ll
`
`Attorney’s Docket No.: 30160-0002003
`
`identifying second programming code correspondingto the second action control
`
`command, wherein the second programming codeis for controlling presentation of the second
`
`content by the content presentation device using the second media player;
`
`obtaining, by the content presentation device, the second media player, wherein the
`
`second media player is obtained over a network from a second content provider;
`
`loading the second media player in the content presentation device; and
`
`using the second media player to execute the second programming code corresponding to
`
`the second action control commandwith respect to the secondfile.
`
`28.
`
`(Currently amended) A machine-implemented methodof controlling presentation
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`of content on a content presentation device that loads anyoneof a plurality of different media
`
`players, the method comprising:
`
`receiving, in a server system,[[a]] one or more messages generated by a personal
`
`computing device that is separate from the server system and separate from the content
`
`presentation device, wherein the one or more messages, collectively, include inehides
`
`information based on a uniqueidentification associated with the content presentation device,
`
`specify
`
`a file to be acted upon,
`
`identify a particular media player for
`
`playing content from the
`
`file, and include an action control commandfor presentation of the content on the content
`
`presentation device by the particular media player, the action control commandbeing
`
`independentofthe particular media player;
`
`using the information that is based on the unique identification associated with the
`
`content presentation device andthat is received in the server system to store a record establishing
`
`an association between the personal computing device and the content presentation device;
`
`
`
`

`

`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 9 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 9 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 8of ll
`
`Attorney’s Docket No.: 30160-0002003
`
`identifying, by the server system, programming code correspondingto the action control
`
`command, wherein the programming codeis for controlling presentation by the particular media
`
`player of the content by the content presentation device;
`
`obtaining, by the content presentation device, the particular media player, wherein the
`
`particular media player is obtained over a network from a content provider:
`
`loading the particular media player in the content presentation device; and
`
`using the particular media player to execute the programming code with respectto the
`
`file.
`
`29.
`
`(Original) The method of claim 28 wherein obtaining programming code
`
`corresponding to the action control command includes accessing a look-up table.
`
`30.
`
`(Original) The method of claim 29 wherein the look-up table stores a plurality of
`
`specific commands, each of whichrepresents, respectively, a commandfor a different media
`
`player and each of which correspondsto the action control command.
`
`31.
`
`(New) A methodof controlling presentation of content on a content presentation
`
`device that loads anyoneofa plurality of different media players, the method comprising:
`
`receiving, in a server system, one or more messages from a personal computing device
`
`that is separate from the server system and separate from the content presentation device,
`
`wherein the one or more messages, taken together, include information associated with a
`
`synchronization code assigned to the content presentation device, specifyafile to be acted upon,
`
`identify a particular media player for playing content from the file, and include an action control
`
`

`

`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 10 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 10 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 9of ll
`
`Attorney’s Docket No.: 30160-0002003
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`commandfor presentation of the content on the content presentation device by the particular
`
`media player, the action control command being independentofthe particular media player;
`
`using the information associated with the synchronization code to store a record
`
`establishing an association between the personal computing device and the content presentation
`
`device;
`
`identifying, by the server system, programming code correspondingto the action control
`
`command, wherein the programming codeis for controlling presentation of the content by the
`
`content presentation device using the particular media player;
`
`obtaining, by the content presentation device, the particular media player, wherein the
`
`particular media player is obtained over a network from a content provider;
`
`loading the particular media player in the content presentation device; and
`
`using the particular media player to execute the programming code with respect to the
`
`file.
`
`

`

`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 11 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 11 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: 10of 11
`
`Attorney’s Docket No.: 30160-0002003
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`Claim 1 is canceled without prejudice.
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`REMARKS
`
`Claims 2-31 are presented for further examination. Claims 14, 25, 28 and 31 are
`
`presented in independent form.
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`Summary of Examiner telephone interview
`
`The applicant and the undersigned attorney thank the Examinerfor the courtesy of the
`
`telephone interview held on July 18, 2013. In addition, to the Examiner and the undersigned
`
`attorney, the inventor David Strober, participated.
`
`It was agreed that claim 25 would be allowable if it were clarified (1) that the action
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`control commandis independentof the particular media player and(ii) that the step of
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`“identifying programming code corresponding to the action control command” is performed by
`
`the server system.
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`The foregoing changes have made to claim 25, which should now beallowed.
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`Other claims
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`New claim 31 is similar to claim 25, except that instead of reciting different messages
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`from the personal computing device for the synchronization code and the other information
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`(specifying a file to be acted upon, identifying a particular media player for playing content from
`
`the file, and including an action control command), claim 31 recites “one or more messages”
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`from the personal computing device that “collectively” include the synchronization code and the
`
`other information. Claim 31, therefore, also should be allowed.
`
`Claims 2-13 and 26-27 depend from claim 31 and, thus, should be allowed as well.
`
`Claim 28 is amended andis similar to claim 31, except that instead of a “synchronization
`
`code,” it recites “information based on a uniqueidentification associated with the content
`
`presentation device.” Claim 28, as well as its dependent claims, should be allowed for reasons
`
`similar to those discussed above.
`
`

`

`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 12 of 12
`Case 6:21-cv-00569-ADA Document 25-5 Filed 12/16/21 Page 12 of 12
`
`Applicant
`Serial No.
`Filed
`Page
`
`: Touchstream Technologies,Inc.
`:
`13/736,590
`:
`January 8, 2013
`: llofil
`
`Attorney’s Docket No.: 30160-0002003
`
`Claim 14 is a system claim and is amendedto recite language corresponding to the
`
`additional operations performed by the content presentation device(7.e., corresponding to the
`
`latter steps recited in method claim 25). Thus, claim 14 nowrecites that the content presentation
`
`device “obtains the particular media player over a network from a content provider” and “loads
`
`the particular media player in the content presentation device if the particular media playeris not
`
`already loaded in the content presentation device.” Claim 14 further recites that the content
`
`presentation device “uses the particular media player to execute the programming code with
`
`respect to thefile.” In view of these amendments, claim 14 and its dependent claims also should
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`be allowed.
`
`Conclusion
`
`It is believed that all of the pending claims have been addressed. However, the absence
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`of a reply to a specific rejection, issue or comment doesnotsignify agreement with or
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`concession ofthat rejection, issue or comment. In addition, because the arguments made above
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`may not be exhaustive, there may be reasonsfor patentability of any or all pending claims(or
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`other claims) that have not been expressed. Finally, nothing in this paper should be construed as
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`an intent to concede any issue with regard to any claim, except as specifically stated in this
`
`paper, and the amendmentof any claim does not necessarily signify concession of
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`unpatentability of the claim prior to its amendment.
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`Please apply any necessary chargesor credits to Deposit Account 06-1050, referencing
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`the above attorney docket number.
`
`Respectfully submitted,
`
`/Samuel Borodach/
`Samuel Borodach
`Reg. No. 38,388
`
`Date: July 31, 2013
`
`Customer Number 26211
`Fish & Richardson P.C.
`Telephone: (212) 765-5070
`Facsimile:
`(877) 769-7945
`
`30772795.doc
`
`