IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Inventors: NORTH er a].
`
`Confirmation No.2 1183
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`Applicant: ELO TOUCH SOLUTIONS, Inc.
`
`Art Unit: 2173
`
`Application No.: 15/400,584
`
`Examiner: VU, Kieu D.
`
`Filing Date: January 6, 2017
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`Atty. Docket: 3450.0570001
`
`Title: DEVICE CONTROLLER AND VIEWER
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`Information Disclosure Statement
`
`Mail Stop Amendment
`
`Commissioner for Patents
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`PO Box 1450
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`Alexandria, VA 22313—1450
`
`Commissioner:
`
`Listed on accompanying IDS Forms PTO/SB/OSa equivalent and PTO/SB/08b equivalent
`
`are documents that may be considered material to the patentability of this application as defined in
`
`37 CPR. §1.56, and in compliance with the duty of disclosure requirements of 37 CPR. §§ 1.97
`
`and 1.98.
`
`Applicant has listed publication dates on the attached IDS Forms based on information
`
`presently available to the undersigned. However, the listed publication dates should not be
`
`construed as an admission that the information was actually published on the date indicated.
`
`Applicant reserves the right to establish the patentability of the claimed invention over any
`
`of the information provided herewith, and/or to prove that this information may not be prior art,
`
`and/or to prove that this information may not be enabling for the teachings purportedly offered.
`
`This statement should not be construed as a representation that a search has been made, or
`
`that information more material to the examination of the present patent application does not exist.
`
`The Examiner is specifically requested not to rely solely on the material submitted herewith.
`
`

`

`- 2 -
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`NORTH et al.
`
`Application No. 15/400,584
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`Applicant has checked the appropriate boxes below.
`
`[11.
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`Statement under 37 C.F.R. 1.704(d). Each item of information contained in this Information
`
`Disclosure Statement: (i) was first cited in any communication from a patent office in a
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`counterpart1 foreign or international application or from the Office; and this communication
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`was not received by any individual designated in Sec. 1.56(c) more than thirty days prior to
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`the filing of this information disclosure statement; OR (ii) is a communication that was
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`issued by a patent office in a counterpart foreign or international application or by the
`
`Office, and this communication was not received by any individual designated in Sec.
`
`l.56(c) more than thirty days prior to the filing of the information disclosure statement.
`
`Filing under 37 CPR. § l.97(b). This Information Disclosure Statement is being filed
`
`within three months of the date of filing of a national application other than a continued
`
`prosecution application (CPA), OR within three months of the date of entry of the national
`
`stage as set forth in 37 CPR. § 1.491 in an international application, OR before the mailing
`
`date of a first Office Action on the merits OR before the mailing of a first Office Action
`
`after the filing of a request for continued examination under 37 CPR. § 1.114. No statement
`
`or fee is required.
`
`Filing under 37 C.F.R. § l.97(c). This Information Disclosure Statement is being filed more
`
`than three months after the US. filing date AND after the mailing date of the first Office
`
`‘ The term counterpart foreign patent application means that a claim for priority has been made in
`either the US. application or a foreign application based on the other, or that the disclosures of the
`US. and foreign patent applications are substantively identical (e. g., an application filed in the
`European Patent Office claiming the same U.K. priority as claimed in the US. application).
`
`Atty. Dkt. No. 3450.0570001
`
`

`

`- 3 -
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`NORTH et al.
`
`Application No. 15/4005 84
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`Action on the merits, but before the mailing date of a Final Rejection, or Notice of
`
`Allowance, or an action that otherwise closes prosecution in the application.
`
`|:Ia.
`
`Statement under 37 C.F.R. § 197(c)(1). I hereby state that each item of information
`
`contained in this Information Disclosure Statement was first cited in any
`
`communication from a foreign patent office in a counterpart foreign application not
`
`more than three months prior to the filing of this Information Disclosure Statement.
`
`37 C.F.R. § 1.97(e)(1).
`
`Statement under 37 C.F.R. § 1.97(e)(2). I hereby state that no item of information in
`
`this Information Disclosure Statement was cited in a communication from a foreign
`
`patent office in a counterpart foreign application and, to my knowledge after making
`
`reasonable inquiry, was known to any individual designated in 37 C.F.R. § 156(0)
`
`more than three months prior to the filing of this Information Disclosure Statement.
`
`37 CPR. § 1.97(e)(2).
`
`[:lc.
`
`The required fee is provided through online credit card payment authorization in the
`
`amount of $180.00 in payment of the fee under 37 CPR. § l.17(p).
`
`Filing under 37 C.F.R. § 1.97(d) This Information Disclosure Statement is being filed more
`
`than three months after the US. filing date and after the mailing date of a Final Rejection or
`
`Notice of Allowance, but on or before payment of the Issue Fee. The required fee is
`
`provided through online credit card payment authorization in the amount of $180.00 in
`
`payment of the fee under 37 CPR. § 1.l7(p); in addition:
`
`Atty. Dkt. No. 34500570001
`
`

`

`_ 4 _
`
`NORTH et 611.
`
`Application No. 15/400,584
`
`E] a. Statement under 37 C.F.R. § 197(c)(1). I hereby state that each item of information
`
`contained in this Information Disclosure Statement was first cited in any
`
`communication from a foreign patent office in a counterpart foreign application not
`
`more than three months prior to the filing of this Information Disclosure Statement.
`
`37 C.F.R. § 1.97(e)(l).
`
`D b. Statement under 37 C.F.R. § 197(c)(2). I hereby state that no item of information in
`
`this Information Disclosure Statement was cited in a communication from a foreign
`
`patent office in a counterpart foreign application and, to my knowledge after making
`
`reasonable inquiry, was known to any individual designated in 37 C.F.R. § l.56(c)
`
`more than three months prior to the filing of this Information Disclosure Statement.
`
`37 CPR. § 1.97(e)(2).
`
`The patent family for one or more foreign language documents submitted herewith includes
`
`a United States patent, and other patent, in the English language. Copies of both the
`
`particular patent cited in the foreign patent office communication and the related United
`
`States or other English language patent or published application from the family list are
`
`enclosed. For the purposes of a statement under 37 CFR l.97(e)(l), the United States or
`
`other English language patent or published application are to be construed as being cited by
`
`the foreign patent office. MPEP 609.04(b)(V).
`
`The document(s) was/were cited in a search report by a foreign patent office in a counterpart
`
`foreign application. Submission of an English language version of the search report that
`
`Atty. Dkt. No. 3450.0570001
`
`

`

`- 5 -
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`NORTH et al.
`
`Application No. 15/400,584
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`indicates the degree of relevance found by the foreign office is provided in satisfaction of
`
`the requirement for a concise explanation of relevance. MPEP 609.04(a)(III).
`
`A concise explanation of the relevance of the non—English language document(s) appears
`
`below in accordance with 37 C.F.R. § 1.98(a)(3).
`
`A copy of document NPLl is submitted. However, in accordance with 37 C.F.R. §
`
`l.98(a)(2)(ii), no copies of the US. patent application publications cited as documents USI—
`
`US7 on the attached IDS Forms are submitted.
`
`Copies of the
`
`
`
`documents were cited by or submitted to the Office
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`in an IDS that complies with 37 C.F.R. § l.98(a)—(c) in Application No.
`
`, filed
`
`, which is relied upon for an earlier filing date under 35 U.S.C. § 120. Thus,
`
`copies of these documents are not attached. 37 C.F.R. § 1.98(d).
`
`. It is expected that the examiner will review the prosecution and cited art in the parent
`
`application no(s).
`
`
`
`in accordance with MPEP 2001 .06(b), and
`
`indicate in the next communication from the office that the art cited in the earlier
`
`prosecution history has been reviewed in connection with the present application.
`
`. In accordance with the Federal Circuit decision in Dayco Prods, Inc. v. Total Containment,
`
`Inc. 329 F.3d 1358 (Fed. Cir. 2003), Applicants submit herewith Office Actions from the co-
`
`pending US. Patent Application No.
`
`, filed
`
`, as
`
`documents
`
`
`to
`
`The identification of these Office Actions is not to be construed as a waiver of secrecy as to
`
`those applications now or upon issuance of the present application as a patent. The Examiner
`
`Atty. Dkt. No. 3450.0570001
`
`

`

`— 6 —
`
`NORTH 61‘ al.
`
`Application No. 15/400,584
`
`is respectfully requested to consider the cited applications and the art cited therein during
`
`examination.
`
`It is respectfully requested that the Examiner initial and return a copy of the enclosed IDS
`
`Forms, and indicate in the official file wrapper of this patent application that the documents have
`
`been considered.
`
`The US. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or
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`credit any overpayment, to our Deposit Account No. 19-0036.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & Fox P.L.L.C.
`
`KKK/La
`
`Christian A. Camarce
`
`Attorney for Applicant
`Registration No. 65,021
`
`Date:
`
`[IPRIL (a, 20/7
`
`1100 New York Avenue, NW.
`Washington, DC. 20005-3934
`(202) 371-2600
`
`52119601
`
`Atty. Dkt. No. 3450.0570001
`
`

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