IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`| Confirmation No.: 1025
`Inventors: NORTH ef af.
`: Art Unit: 3600
`Applicant: ELO TOUCH SOLUTIONS, INC,
`: Examiner: To Be Assigned
`Application No.: 16/044,650
`: Atty. Docket: 3450.0570002
`Filing Date: July 31, 2020
`Tite: DEVICE CONTROLLER AND VIEWER
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`First Supplemental Information Disclosure Statement
`
`Mail Stop Amendment
`
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`Commissioner:
`
`Listed on the accompanying IDS Form PTO/SB/08a equivalent are documents that may be
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`considered material to the patentability of this application as defined in 37 CFR. § 1.56, and in
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`compliance with the duty of disclosure requirements of 37 C_F.R. $§ 1.97 and 1.98.
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`Applicant has listed publication dates on the attached IDS Form based on information
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`presently available to the undersigned. However, the listed publication dates should not be
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`construed as an admission that the information was actually published on the date indicated.
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`Applicant reserves the right to establish the patentability of the claimed invention over any
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`of the information provided herewith, and/or to prove that this information maynot be priorart,
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`and/or to prove that this information may not be enabling for the teachings purportedlyoffered.
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`This statement should not be construed as a representation that a search has been made, or
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`thai information more material to the examination of the present patent application does not exist.
`
`The Examineris specifically requested not to rely solely on the material submitted herewith.
`
`

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`-2-
`
`NORTHef af.
`Application No. 16/944,650
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`Applicant has checked the appropriate boxes below.
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`[|4. Statement under 37 C.F.R. 1.704(d). Each item of information contained in this Information
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`Disclosure Staternent: (1) was first cited in any communication from a patent office in a
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`counterpart! 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 (i) is a communication that was
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`issued by a patent office in a counterpart foreign or international application or bythe
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`Office, and this communication was not received by any individual designated in Sec.
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`1.56(¢} more than thirty days prior to the filing of the information disclosure statement.
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` Filing under 37 C.F.R. § 1.97(b). This Information Disclosure Statement is being filed
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`within three months of the date of filing of a national application other than a continued
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`prosecution application (CPA}, OR within three months ofthe date of entry of the national
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`stage as set forth in 37 CFR. § 1.491 in an international application, OR before the mailing
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`date of a first Office Action on the merits OR before the mailing ofa first Office Action
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`after the filing of a request for continued examination under 37 C.FLR. § 1.114. Nostatement
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`or fee is required.
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`[-]3. Filing under 37 C.F.R. § 1.97(c). This Information Disclosure Statementis being filed more
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`than three months after the U.S. filing date AND after the mailing date of the first Office
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`‘The term counterpart foreign patent application means that a claimfor priority has been made in
`either the U.S. application or a foreign application based on the other, or that the disclosures ofthe
`U.S. and foreign patent applications are substantively identical (e.g., an application filed in the
`European Patent Office claiming the same UK. priority as claimed in the U.S. application).
`
`Atty. Dkt. No. 3450.0570002
`
`

`

`-3-
`
`NORTHef af.
`Application No. 16/944,650
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`Action on the merits, but before the mailing date of a Final Rejection, or Notice of
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`Allowance, or an action that otherwise closes prosecution in the application.
`
`[ja
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`Statement under 37 CFR. § 1.97(e) 1). Dherebystate that each item of information
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`contained in this Information Disclosure Statement was first cited in any
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`communication from a foreign patent office in a counterpart foreign application not
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`riore than three months prior to the filing of this Information Disclosure Statement.
`
`37 CER. § 19M).
`
`Statement under 37 CPR. § 1.97(e\2}. [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. § 1.56{c)
`
`more than three months prior to the filing of this Information Disclosure Statement.
`
`37 CER. § L97e2).
`
`[_lc.
`
`The required fee is provided through online credit card payment authorization in the
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`amountof$S in payment of the fee under 37 C.F.R. § 1.17(p).
`
`Filing under 37 CPLR. § 1.97(d} This Information Disclosure Statement is being filed more
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`than three months after the U.S. filing date and after the mailing date of a Final Rejection or
`
`Notice of Allowance, but on or before payment ofthe Issue Fee. The required fee is
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`provided through online credit card payment authorizationinthe amountof$S| mn
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`payment of the fee under 37 CFR. § 1.17(p); in addition:
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`Atty. Dkt. No. 3450.0570002
`
`

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`-4-
`
`NORTHef af.
`Application No. 16/944,650
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`L_ja. Statement under 37 C.F.R. § 1.97(e\(1). [hereby state that each item of information
`
`contained in this Information Disclosure Statement was first cited in any
`
`communication from a foreign patent office in a counterpart foreign application not
`
`more than three months prior to the filing of this Information Disclosure Statement.
`
`37 CER. § L987e\).
`
`[_}b. Statement under 37 C.F.R. § 1.97(e\(2). Lherebystate that no item ofinformationin
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`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 anyindividual designated in 37 CFR. § 1.56(c}
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`miore than three months prior to the filing ofthis Information Disclosure Statement.
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`37 CER. § 1.97(e\2).
`
`ss
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`The patent family for one or more foreign language documents submitted herewith includes
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`a United States patent, and other patent, in the English language. Copies of both the
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`particular foreign patent(s} or published foreign patent applications cited in the foreign
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`patent office communication, and that are not already of record in this application, are
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`enclosed. Copies of the related United States or other English language patent or published
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`application from the family list, if not already of record, are listed on the accompanying
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`SB/O8A form. For the purposes of a statement under 37 CFR 1.97(e}(1), the United States or
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`other English language patent or published application are to be construed as being cited by
`
`the foreign patent office. MPEP 609 04)V}.
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`Atty. Dkt. No. 3450.0570002
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`

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`-5-
`
`NORTHef af.
`Application No. 16/944,650
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`The document(s} was/were cited in a search report by a foreign patent office in a counterpart
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`foreign application. Subrnission of an English language version of the search report that
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`indicates the degree of relevance found bythe foreign office is provided in satisfaction of
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`the requirement for a concise explanation of relevance. MPEP 609.04(a})(IID.
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`A concise explanation of the relevance of the non-English language document(s) appears
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`belowin accordance with 37 CLF.R. § 1.98(a)(3).
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`A copy of document FP is submitted. However, in accordance with 37 C.FR. §
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`1. 98(a}(2i}, no copy of the US. patent cited as document USE on the attached IDS Form
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`is submitted.
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`Po.
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`Copiesofthe documents were cited by or subrnitted to the Office
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`inan IDS that complies with 37 CFR. § L.98(a}-(c}in ApplicationNo., filed
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`, which is relied upon for an earlier filing date under 35 U.S.C. § 120. Thus,
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`copies of these documents are not attached. 37 C.F.R. § 1.98(d).
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`DY 10.
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`It is expected that the examiner will reviewthe prosecution and cited art in the parent
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`Application No. 15/400,584, filed January 6, 2017 (now U.S. Patent No. 10,735,557 B2) in
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`accordance with MPEP 2001.06(b)}, and indicate in the next communication from the office
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`that the art cited in the earlier prosecution history has been reviewed in connection with the
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`present application.
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`_ In accordance with the Federal Circuit decision in Dayco Prods., Inc. v. Total Containment,
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`ine, 329 F 3d 1358 (Fed. Cir. 2003}, Applicants submit herewith Office Actions from the co-
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`pending US. Patent Application No.
`
`, filed
`
`, as
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`Atty. Dkt. No. 3450.0570002
`
`

`

`- 6 -
`
`NORTHef af.
`Application No. 16/944,650
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`documents
`
`
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`to . The identification of these Office Actions is not to
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`be construed as a waiver of secrecy as to those applications nowor upon issuance of the
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`present application as a patent. The Examineris respectfully requested to consider the cited
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`applications and the art cited therein during examination.
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`It is respectfully requested that the Examiner initial and return a copy of the enclosed IDS
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`Forms, and indicate in the official tile wrapper ofthis patent application that the documents have
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`been considered.
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`The U.S. Patent and Trademark Office is hereby authorized to charge any fee deficiency, or
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`credit any overpayment, to cur Deposit Account No. 19-0036.
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`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Dohm Chankong/
`
`Dohm Chankong
`Attorney for Apphcant
`Registration No.
`70,524
`
`
`Date: March 2, 2021
`
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`Atty. Dkt. No. 3450.0570002
`
`

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