IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Attorney Docket No.: P-70890-US
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`Applicant(s):
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`KOKONASKI,William et
`al
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`Examiner:
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`Not yet known
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`Serial No.:
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`12/054,299
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`Group Art Unit:
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`2833
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`Filed:
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`March 24, 2008
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`Title:
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`ELECTRONIC EYEGLASS FRAME
`
`Mail Stop Amendment
`Commissioner for Patents
`P. O. Box 1450
`Alexandria, VA 22313-1450
`
`Sir:
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`INFORMATION DISCLOSURE STATEMENT
`
`Pursuant to 37 C.F.R. §§1.56, 1.97 and 1.98, this Information Disclosure Statement includes
`
`Form PTO/SB/08:
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`1. XX]
`
`listing documents including patents, publications and other information for consideration by
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`the Examiner, however, since the subject application wasfiled after June 30, 2003, copies of
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`United States patents and/or United States patent application publications are not includedin
`this information disclosure statement; and/or
`listing documents including patents, publications and other information that have been
`2
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`previously cited or submitted to the Patent Office in prior application U.S. Serial No.
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`2.{_]
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`filed __—s hiichis properly identified and relied on for an earlier effective filing date under
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`35 U.S.C. 120 for consideration by the Examiner; however, in accordance with 37 C.F.R.
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`1.98(d), copies of such documents are not included in this information disclosure statement;
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`and/or
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`3.{_]
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`listing documents including patents, publications, and other information for consideration by
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`the Examiner, copies of which are included with this information disclosure statement;
`listing other
`information for
`the Examiner's consideration which was cited in a
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`4.[-]
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`communication from a foreign patent office in a counterpart foreign application, a copy of
`
`whichis included with this information disclosure statement.
`
`
`
`APPLICANTS:
`SERIAL NO.:
`FILED:
`Page 2
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`KOKONASKI,William et al
`12/054,299
`March 24, 2008
`
`The information herein cited is only in fulfillment of Applicant(s) duty of candorin disclosing
`all information brought to Applicant(s) attention. This submission does not represent that a search
`has been madeorthat no better art exists and does not constitute an admission that each orall of the
`
`If it should be determined that any of the
`listed documents are material or constitute "prior art".
`listed documents do not constitute "prior art" under United States law, Applicant(s) reserve the right
`to presentto the office the relevant facts and law regarding the appropriate status of such documents.
`Applicant(s) further reserve(s) the right to take appropriate action to establish the patentability
`of the disclosed invention over the listed documents, should one or more of the documents be applied
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`against the claims of the present application.
`In accordance with MPEP Sections 609 and 707.05(b), it is requested that each and every
`documentcited (including any cited in applicant's specification which is not repeated on the attached
`Form PTO-1449) be given thorough consideration and that it be cited of record in the prosecution
`history of the present application by initialing on Form PTO-1449. Such initialing is requested even
`if the Examiner does not consider it to be prior art for any reason, or even if the Examiner does not
`believe that the guidelines for citation have been fully complied with. This is requested so that each
`document becomeslisted on the face of the patent issuing on the present application and is evidence
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`that the Examiner has considered the document.
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`This Information Disclosure Statement is being filed:
`DH
`Dx]
`Within three (3) monthsoffiling the subject Application or entry of the subject
`Application into the national stage or before mailing ofthe first Office Action on the merits of
`the subject Application or a request for continued examination thereof, whichever event
`occurslast pursuant to of 37 C.F.R §1.97 (b); or
`I)
`LI
`After the period specified in (I) but before the mailing date of either a final
`Official Action under 37 C.F.R §1.113 or a notice of allowance under 37 C.F.R §1.311
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`whichever occursfirst and;
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`the undersigned hereby states that each item of information listed on
`[|
`1.
`the Form PTO-1449 waseither (i) cited in a communication from a foreign patent
`office in a counterpart foreign application not more than three (3) months prior to the
`filing of this Information Disclosure Statementor (ii) not cited in a communication
`from a foreign patent office in a counterpart foreign application, and, to the knowledge
`of the undersigned after making reasonable inquiry, not known to any individual
`designated in §1.56(c) more than three (3) months prior to the filing of this
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`information disclosure statement; or
`
`
`
`APPLICANTS:
`SERIAL NO.:
`FILED:
`Page 3
`
`KOKONASKI,William et al
`12/054,299
`March 24, 2008
`
`2.
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`["]
`
`the undersigned hereby authorizes the Patent Office to charge the fee in
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`the amount of $180.00 under 37 C.F.R §1.17 (p) to Deposit Account 50-3355.
`
`i (]
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`After the period in (1) and (II) but before the payment ofthe issue fee and,
`
`1.
`
`The undersigned herebystates:
`a)
`[]
`that each item of information cited on the form PTO-1449 was
`
`cited in a communication from a foreign Patent Office in a counterpart
`
`foreign application not more than three (3) months prior to the filing of this
`
`Information Disclosure Statement; or
`b)
`[-]
`that no items of information contained in Form PTO-1449 was
`
`cited in a communication from a foreign patent office in a counterpart foreign
`
`application, and to the knowledge of the undersigned after making reasonable
`
`inquiry, no item of information contained in this Information Disclosure
`
`Statement was known to any individual designated in 37 C.F.R. § 1.56(c) more
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`than three monthsprior to the filing of this Information Disclosure Statement;
`
`and
`
`[-]
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`2.
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`The undersigned hereby authorizes the Patent Office to charge the
`
`Petition fee in the Amount of $180.00 under 37 C.F.R §1.17 (p) to Deposit Account
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`50-3355.
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`Except for issue fees payable under 37 C.F.R. §1.18, the Commissioner is hereby authorized
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`by this paper to charge any additional fees during the entire pendency of this application including
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`fees due under 37 C.F.R. §§1.16 and 1.17 which may be required, including any required extension
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`of time fees, or credit any overpayment to Deposit Account No. 50-3355.
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`Respectfully submitted,
`
`RobertD. \Ly
`
`Attorney/Agent for Applicant(s)
`Registration No. 33,775
`
`Dated: December 15, 2008
`
`Pearl Cohen Zedek Latzer, LLP
`1500 Broadway, 12th Floor
`New York, New York 10036
`Tel: (646) 878-0800
`Fax: (646) 878-0801
`
`
