Following the above-noted preliminary amendments, claims 85-104 remain pending for
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`REMARKS
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`examination.
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`Applicant may have during the course of prosecution cancelled and/or amended one or
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`more claims. Applicant notes that any such cancellations and/or amendments will have
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`transpired (i) prior to issuance and(ii) in the context of the rules that govern claim interpretation
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`during prosecution before the United States Patent and Trademark Office (PTO). Applicant notes
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`that the rules that govern claim interpretation during prosecution form a radically different
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`context
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`than the rules that govern claim interpretation subsequent
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`to a patent
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`issuing.
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`Accordingly, Applicant respectfully submits that any cancellations and/or amendments during
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`the course of prosecution should be held to be tangential to and/or unrelated to patentability in
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`the event that such cancellations and/or amendments are viewed in a post-issuance context under
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`post-issuance claim interpretation rules.
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`Insofar
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`as
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`that
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`the Applicant may
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`have
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`during the
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`course of prosecution
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`cancelled/amended claims sufficient to obtain a Notice of Allowability of all claims pending,
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`Applicant may not have during the course of prosecution explicitly addressed all rejections
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`and/or statements in Office Actions. The fact that rejections and/or statements may not be
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`explicitly addressed during the course of prosecution should NOT be taken as an admission of
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`any sort, and Applicant hereby reserves any and all rights to contest such rejections and/or
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`statements at a later time.
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`Specifically, no waiver (legal, factual, or otherwise), implicit or
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`explicit, is hereby intended (e.g., with respect to any facts of which the USPTO took Official
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`Notice, and/or for which the USPTO has supplied no objective showing, Applicant hereby
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`contests those facts and requests express documentary proof of such facts at such time at which
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`such facts may become relevant). For example, although not expressly set forth during the
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`course of prosecution, Applicant continuesto assert all points of (e.g. caused by, resulting from,
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`responsive to, etc.) any previous Office Action, and no waiver (legal, factual, or otherwise),
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`implicit or explicit, is hereby intended. Specifically, insofar as that Applicant does not consider
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`the cancelled/unamended claims to be unpatentable, Applicant hereby gives notice that it may
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`intend to file
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`and/or has
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`filed a
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`continuing application in
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`order prosecute
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`such
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`cancelled/unamendedclaims.
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`With respect to any cancelled claims, such cancelled claims were and continue to be a
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`

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`part of the original and/or present patent application(s). Applicant hereby reservesall rights to
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`present any cancelled claim or claims for examination at a later time in this or another
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`application. Applicant hereby gives public notice that any cancelled claims are still
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`to be
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`considered as present in all related patent application(s) (e.g. the original and/or present patent
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`application) for all appropriate purposes(e.g., written description and/or enablement). Applicant
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`does NOTintend to dedicate the subject matter of any cancelled claims to the public.
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`Should this case go to appeal, Applicant reserves the right to submit argument, rebuttal
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`evidence, or legal authority in the instance the Board of Patent Appeals and Interferences finds
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`that the USPTO has metits burden in establishing a facially valid case of unpatentability of the
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`various appealed claims. Applicant further reserves the right to submit argument, rebuttal
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`evidence, or legal authority if new claim interpretations or definitional citations are raised on
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`appeal. The fact that argument, rebuttal evidence, or legal authority may not have been explicitly
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`discussed during the course of prosecution should NOT be taken as an admission or waiver of
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`any sort, and Applicant hereby reserves any andall rights to discuss (e.g. make explicit, produce,
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`or explain) such rebuttal evidenceat a later time.
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`The USPTOis encouraged to contact the undersigned by telephone at 360-627-7147 to
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`discuss the above and any other distinctions between the claims and the applied references, if
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`desired. Also, if the USPTO notes any informalities in the claims, it is encouraged to contact the
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`undersigned to expediently correct such informalities.
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`Respectfully submitted,
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`/Dale C. Barr, Reg. No. 40,498/
`Dale C. Barr
`Registration No. 40,498
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`for Constellation Law Group, PLLC
`P.O. Box 220
`Tracyton, WA 98393-0220
`(360)627-7147
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`