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`
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`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
`
`11/680,452
`
`02/28/2007
`
`Chuck Jennings
`
`115094
`
`27148
`POLSINELLI SHALTON FLANIGAN SUELTHAUS PC
`700 W. 47TH STREET
`SUITE 1000
`KANSASCITY, MO 64112-1802
`
`CONFIRMATION NO. 5285
`
`FORMALITIES
`LETTER
`
`Date Mailed: 03/26/2007
`
`NOTICE OF OMITTED ITEM(S) IN A NONPROVISIONAL APPLICATION
`
`FILED UNDER 37 CFR 1.53(b)
`
`A filing-date-has-been accorded-to the above-identified-nonprovisional application_papers; however, the following
`item(s) appear to have been omitted from the application:
`
`e Figure(s) 7 described in the specification.
`
`|. Petition for date of deposit: Should applicant contend that the above-noted omitted item(s) wasin fact deposited
`in the U.S. Patent and Trademark Office (USPTO) with the nonprovisiona! application papers, a copy ofthis
`Notice and a petition (and $400.00 petition fee (37 CFR 1.17(f)) with evidence of such deposit mustbe filed
`within TWO MONTHSofthe date of this Notice. The petition fee will be refunded if is determined that the item(s)
`was received by the USPTO. THIS TWO MONTH PERIOD IS NOT EXTENDABLE UNDER 37 CFR 1.136(a) or
`(b).
`
`I. Petition for laterfiling date: Should applicant desire to supply the omitted item(s) and accept the date that such
`omitted item(s) was filed in the USPTO asthefiling date of the above-identified application, a copy of this Notice,
`the omitted item(s) (with a supplemental oath or declaration in compliance with 37 CFR 1.63 and 1.64 referring to
`such items), and a petition under 37 CFR 1.182 (with the $400.00petition fee (37 CFR 1.17(f) requesting the
`laterfiling date must befiled within TWO MONTHS ofthe date of this Notice. THIS TWO MONTH PERIOD IS
`NOT EXTENDABLE UNDER 37 CFR 1.136(a)or (b).
`
`Applicant is advised that generally the filing fee required for an application is thefiling fee in effect on thefiling
`date accorded the application and that paymentof the requisite basic filing fee on a date laterthan thefiling date
`of the application requires payment of a surcharge (37 CFR 1.16(f)). To avoid processing delays and paymentof
`a surcharge, applicant should submit any balance due for the requisite filing fee based on thelaterfiling date
`being requested when submitting the omitted item(s) and the petition (and petition fee) requesting the laterfiling
`date.
`
`Ill. Acceptance of application as deposited: Applicant may accept the application as deposited in the USPTO by
`eitherfailure to file a petition under | orIl (see A below)orbyfiling an amendment under 37 CFR 1.57(a) (see B
`below).
`
`(A) Failure to file a petition underI orIl: Thefailure to file a petition (and petition fee) under the above options
`(I) or (Il) within TWO MONTHSofthe date of this Notice (37 CFR 1.181(f)) will be treated as a constructive
`acceptancebythe applicant of the application as deposited in the USPTO.In the absenceof a timelyfiled petition
`under the above options(I) or(il) in reply to this Notice, the application will maintain a filing date as of the date of
`
`

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`Page 2 of 2
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`deposit of the application papers in the USPTO,andoriginal application papers(i.e., the original disclosure of the
`invention)will include only those application papers present in the USPTO on the date of deposit. Applicantis
`required to make the following corrections priorto the first Office action to avoid delays in the prosecution of the
`application, but after the 2-month periodset forth in this notice:
`1. Corrections for omitted pages: amendmentofthe specification to renumber the pages consecutively, and
`cancel incomplete sentences caused by any omitted page(s), and/or
`2. Corrections for omitted drawings: amendmentof the specification to cancel all references to any omitted
`drawing(s), amendmentto the drawingsto relabel the drawing figures to be numbered consecutively(if
`necessary), and amendmentofthe specification to correct the referencesin the specification to the drawing
`figures to correspond with any relabeled drawing figures,
`
`(B) Amendment under 37 CFR 1.57(a): If the above-identified application contains a priority claim under 37 CFR
`1.55 or benefit claim under 37 CFR 1.78 of a prior-filed application that was presentonthefiling date of the
`application and applicant wants to rely on 37 CFR 1.57(a) to add inadvertently omitted material to the above-
`identified application, applicant mustfile an amendmentin compliance with 37 CFR 1.57(a) within TWO MONTHS
`of the date of this Notice. THIS TWO MONTH PERIOD IS NOT EXTENDABLE UNDER 37 CFR 1.136(a)or(b).
`
`Applicant is cautioned that correctionof the above items may causethe specification and drawings page countto
`exceed 100 pages.If the specification and drawings exceed 100 pages, applicant will need to submit the required
`application size fee.
`
`Replies should be mailed to:|Mail Stop Missing Parts
`.
`Commissioner for Patents
`P.O. Box 1450
`
`Alexandria VA 22313-1450
`
`Registered users of EFS-Web mayalternatively submit their reply to this notice via EFS-Web.
`https://sportal.uspto.gov/authenticate/AuthenticateUserLocalEPF.html
`
`For more information about EFS-Web please call the USPTO Electronic Business Center at 1-866-217-9197 or
`visit our website at http:/Awww.uspto.gov/ebc.
`
`
`
`Ifyou are not using EFS-Web to submityour reply, you must include a copy ofthis notice.
`
`Office of Initial Patent Examination (571) 272-4000, or 1-800-PTO-9199
`- PART3- OFFICE COPY
`
`
`

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