Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 1 of 5 PageID# 34102
`Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 1 of 5 PagelD# 34102
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`EXHIBIT 7
`EXHIBIT 7
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`PX-008A
`Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 2 of 5 PageID# 34103
`Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 2 of 5 PagelDP¥408A
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
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`13/990,067
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`08/09/2013
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`Michel Thorens
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`417389US118PCT
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`5463
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`04/19/2018
`7590
`22850
`OBLON, MCCLELLAND, MAIER & NEUSTADT,L.L.P.
`1940 DUKE STREET
`ALEXANDRIA, VA 22314
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`EXAMINER
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`RUDDIE, ELLIOT §
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`ART UNIT
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`3778
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`04/19/2018
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period forreply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`patentdocket @ oblon.com
`oblonpat @ oblon.com
`tfarrell@oblon.com
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`PTOL-90A (Rev. 04/07)
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`DEF_PUB_EDVA000016293
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`

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`Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 3 of 5 PageID# 34104
`Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 3 of 5 PagelD# 34104
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`Application No.
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`Applicant(s)
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`.
`ae
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`Applicant-initiated Interview Summary
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`13/990,067
`THORENS ETAL.
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`Examiner
`Art Unit
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`ELLIOT S. RUDDIE
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`3778
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`All participants (applicant, applicant's representative, PTO personnel):
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`(1) ELLIOT S. RUDDIE.
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`(2) David Longo.
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`Date of Interview: 12 April 2018.
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`(3) Primary Lynne Anderson.
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`(4)
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`.
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`Type:
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`[] Video Conference
`[[] Telephonic
`DX] Personal [copy given to: [] applicant
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`[J applicant’s representative]
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`Exhibit shown or demonstration conducted:
`If Yes, brief description:
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`[[] Yes
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`[] No.
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`[112 [i102 103 Llothers
`[[]101
`Issues Discussed
`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
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`Claim(s) discussed: 73.
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`Identification of prior art discussed: Thorens et al. (U.S. Publication No. 2009/0272379) and Miller (U.S. Patent No.
`4,275,747).
`
`Substanceof Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied referencesetc...)
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`See Continuation Sheet.
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`Examiner, Art Unit 3778 U.S. Patent and Trademark Office
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`Applicant recordation instructions: The formal written reply to the last Office action must include the substanceofthe interview. (See MPEP
`section 713.04). If a reply to the last Office action has already beenfiled, applicant is given a non-extendable period of the longer of one month or
`thirty days from this interview date, or the mailing date of this interview summary form, whicheverislater, to file a statement of the substance of the
`interview
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`Examiner recordation instructions: Examiners must summarize the substanceof any interview of record. A complete and proper recordation of the
`substanceof an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argumentor issue discussed, a generalindication of any other pertinent matters discussed regarding patentability and the
`general results or outcomeofthe interview, to include an indication as to whether or not agreement was reached on the issuesraised.
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`X] Attachment
`/LYNNE ANDERSON/
`Primary Examiner, Art Unit 3778
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`/E.S. R./
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`PTOL-413 (Rev. 8/11/2010)
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`Interview Summary
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`Paper No. 20180412
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`DEF_PUB_EDVA000016294
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`Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 4 of 5 PageID# 34105
`Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 4 of 5 PagelD# 34105
`Summaryof Record of Interview Requirements
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`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substanceof Interview Must be Made of Record
`Acomplete written statement as to the substance of any face-to-face, video conference, or telephoneinterview with regard to an application must be madeof record in the
`application whether or not an agreement with the examiner was reachedat the interview.
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`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`Paragraph(b)
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`In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
`warranting favorable action mustbe filed by the applicant. An interview does not remove the necessity for reply to Office action as specified in §§ 1.111, 1.135. (85 U.S.C. 132)
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`37 CFR §1.2 Business to be transacted in writing.
`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise, stipulation, or understandingin relation to which there is disagreementor doubt.
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`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that recordisitself
`incomplete through the failure to record the substanceofinterviews.
`Itis the responsibility of the applicant or the attorney or agent to make the substanceof an interview of record in the applicationfile, unless
`the examinerindicates he or she will do so.
`It is the examiner’s responsibility to see that such a record is made and to correct material inaccuracies
`which beardirectly on the question of patentability.
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`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes andfilling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substanceof an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
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`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
`“Contents” section of the file wrapper.
`In a personalinterview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview.
`In the case of a telephone or video-conferenceinterview, the copy is mailed to the applicant's correspondence address
`either with or prior to the next official communication. If additional correspondence from the examiner is notlikely before an allowanceor if other
`circumstancesdictate, the Form should be mailed promptly after the interview rather than with the next official communication.
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`The Form provides for recordation of the following information:
`— Application Number(Series Code and Serial Number)
`—Name of applicant
`—Name of examiner
`— Dateof interview
`— Type of interview (telephonic, video-conference, or personal)
`—Name ofparticipant(s) (applicant, attorney or agent, examiner, other PTO personnel, etc.)
`—Anindication whether or not an exhibit was shown or a demonstration conducted
`—Anidentification of the specific prior art discussed
`— An indication whether an agreement was reachedandif so, adescription of the general nature of the agreement (may be by
`attachmentof a copy of amendments or claims agreed as being allowable). Note: Agreementasto allowability is tentative and does
`not restrict further action by the examinerto the contrary.
`— The signature of the examiner who conductedthe interview (if Form is not an attachment to a signed Office action)
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`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substanceofthe interview of each case. It
`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
`unlessit includes, or is supplemented by the applicant or the examinerto include, all of the applicable items required below concerning the
`substanceofthe interview.
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed,
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendmentsof a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification of the generalthrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The identification of the argumentsis sufficientif the general nature or thrust of the principal arguments madeto the
`examiner can be understoodin the context of the application file. Of course, the applicant may desire to emphasize andfully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
`the examiner.
`Examiners are expected to carefully review the applicant’s record of the substanceof an interview.
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
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`If the record is not complete and
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`Examinerto Check for Accuracy
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`If the claims are allowable for other reasons of record, the examiner should senda letter setting forth the examiner’s version of the
`statement attributed to him or her.
`If the record is complete and accurate, the examiner should place the indication, “Interview Record OK” on the
`paper recording the substanceofthe interview along with the date and the examiner'sinitials.
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`DEF_PUB_EDVA000016295
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`Case 1:20-cv-00393-LMB-TCB Document 1376-7 Filed 06/29/22 Page 5 of 5 PageID# 34106
`CasedieGVORELYB-TCB Document 1376-7 Filed06/20/28,Page3of 5 PagelD# 34106
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`Continuation of Substance of Interview including description of the general nature of what was agreed to if an
`agreement was reached, or any other comments: Discussed Applicant's purposed amendments and arguments with
`Applicant's representative David Longo. Specifically, that the inclusion of "complete" would not clarify the cross-
`sectional dimension x and that inclusion of the directionality of the cross-section better clarifies the cross-section.
`Discussed adding "largest" before cross-sectional dimension x that would better clarify the limitation "dimension x".
`Discussed previously submitted arguments, on September 9, 2017, regarding the orientation and useof prior art Miller
`and the reasonable expectation of success of the modified device of Throens in view of Miller.
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`Examiner suggested structure amendments to distinguish the instant invention over the prior art. Specifically, including
`the 2 blind holes of Figs. 3-4 and/or the blind hole being toroid of Figs. 5-6.
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`Examiner indicated that upon further investigation the previously applied drawing objection would not be maintained.
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`No agreement was reached.
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`Further consideration is required.
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`DEF_PUB_EDVA000016296
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