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`First Named Inventor: Tomas SCHWARZ
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`Confirmation No.: 4180
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`Applicant: BTL Medical Solutions A.S.
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`Art Unit: 3791
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`Application No.: 16/915,640
`
`Examiner: GILBERT, Samuel G.
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`Filing Date: June 29, 2020
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`Atty. Docket: 4387.00400H0
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`Title: AESTHETIC METHOD OF BIOLOGICAL STRUCTURE TREATMENTBY
`MAGNETIC FIELD
`
`Request for Consideration of Previously Filed Reference
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`Mail Stop Issue Fee
`
`Commissionerfor Patents
`PO Box 1450
`Alexandria, VA 22313-1450
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`Commissioner:
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`Applicantfiled an Information Disclosure Statement Form in the present application on
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`September 17, 2020. Amongother things, the Form cited a non-patentliterature referencetitled
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`“CR Technology, SALUS-TALENT,Technical File of Electro-magnetic Stimulator, Document
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`Number: TF-C05”on sheet 21 of 31 as NPL13. The entry in the Form for NPL13 properly included
`
`a date of “2008.” As stated in the transmittal letter accompanying the Form, a copy of NPL13 had
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`been previously submitted to the Office in a compliant information disclosure statement in
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`Application No. 16/218,735, filed December 13, 2018, whichis relied upon for an earlier filing date
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`under 35 U.S.C. § 120. Thus, a copy of NPL13 wasproperly not submitted with the September 17,
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`2020 Information Disclosure Statementfiling.
`
`The Examinerissued a non-final Office Action on February 23, 2021, accompanied by a
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`Form 1449listing the references cited by the Applicant and considered by the Examiner. Several
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`
`
`-2-
`
`BTL MEDICAL SOLUTIONSA:S.
`Application No.: 16/915,640
`
`non-patentliterature references from the September 17, 2020, Information Disclosure Statement
`
`Form werelined through by the Examineras not being considered, presumably because dates were
`
`not knownandprovided by the Applicant. However, NPL13 wasalso struck through as not being
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`considered, despite its proper citation, including a date of “2008.”
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`For these reasons, Applicant believes that the Examiner’s strike through of NPL13 was an
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`oversight or error. Applicant respectfully requests that the Examiner acknowledgethe timely and
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`propercitation of NPL13 in the September 17, 2020, Information Disclosure Statement Form.
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`While NPL13 waspreviously cited, Applicant provides a stand-alone Information Disclosure
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`Statement Form here for the Examiner’s convenienceto indicate that NPL13 has been considered.
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`Applicant attempted to contact the Examinervia telephoneto resolve this issue, but was unable to
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`reach the Examiner before having to submit the issue fee paymentfor this application.
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`It is respectfully requested that the Examinerinitial and return a copy of the enclosed stand-
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`alone IDS Form, and indicate in the official file wrapper of this patent application that document
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`NPL13 has been considered.
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`Atty. Dkt. No. 4387.00400H0
`
`
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`-3-
`
`BTL MEDICAL SOLUTIONSA:S.
`Application No.: 16/915,640
`
`The U.S. 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.
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`Respectfully submitted,
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`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
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`BALD Cd.
`
`Richard D. Coller HI
`Attorney for Applicant
`Registration No. 60,390
`Date:__August 11, 2022
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`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
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`18868458. 1
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`Atty. Dkt. No. 4387.00400H0
`
`
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