Case 1:19-cv-11586-FDS Document 238-4 Filed 09/14/21 Page 1 of 3
`Case 1:19-cv-11586-FDS Document 238-4 Filed 09/14/21 Page 1of3
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`EXHIBIT D
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`EXHIBIT D
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`°
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`Case
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`1:19-0v-119%-Fos
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`Case 1:19-cv-11586-FDS Document 238-4 Filed 09/14/21 Page 2 of 3
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`Document 238-4 Filed
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`Page 2 of 3
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`ee.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Bax 1450
`Alexandria, Virginie 22313-1450
`.
`wurw.USpio.gov
`
`
`
`10/165,624
`
`06/07/2002
`
`Raymond J. Menard
`
`33135.15
`
`3268
`
`BRIGGS AND MORGANP.A.
`2200 IDS CENTER
`80 SOUTH 8TH ST
`
`MINNEAPOLIS, MN 55402
`
`POPE, DARYL C
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`|
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`2632
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`DATE MAILED: 05/04/2005
`
`) Y
`
`Please find below and/or attached an Office communication concerning this application
`
`or
`
`proceeding.
`
`PTO-90C (Rev. 10/03)
`
`PNA-FB0001456
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`

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`--°
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`Case
`:19-cv-1Pe-Fps Deseren| 23RrreDsirtr
`ARTMEUEGFOEGMMERCE
`Case 1:19-cv-11586-FDS Document 238-4 Filed 09/14/21 Page 3 of 3
`nt and Trademark Office
`United States
`| a P
`£,‘Cp Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`
`
`Washington, D.C. 20231
`
`[0165624
`
`EXAMINER
`
`ART UNIT
`
`PAPER NUMBER
`
`NOTICE OF ABANDONMENT
`
`DATE MAILED:
`
`[|
`
`C]
`
`[|
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`XX
`
`[|
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`C]
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`or
`
`This application is abandonedin view of.
`Applicant's failure to timely file a proper reply to the Office letter mailed on
`A reply (with Certificate of Mailing or Transmission of
`) was received on
`a total
`whichis after the expiration of the period for reply (including
`on
`extension of time of
`month(s)) which expired
`A proposed reply was received on... , but it does not constitute a proper reply under
`37 CFR 1.113 to the final rejection.
`(A proper reply under 37 CFR 1.113 to a final rejection consists only of: (1)
`a
`timely filed amendment
`a
`which places the application in condition for allowance; (2)
`timely filed Notice of Appeal (with appeal fee):
`or
`a
`timely filed Request for Continued Examination (RCE) in compliance with 37 CFR 1.114).
`(3)
`, but it does not constitute a properreply,
`was received on
`A reply
`or a bona fide attempt at a
`proper reply, to the non-final rejection. See 37 CFR 1.85(a) and 1.111. (See explanation in the last box below).
`No reply has been received.
`C]
`Applicant's failure to timely pay the required issue fee and publication fee, if applicable, within the statutory period
`of three months from the mailing date of the Notice of Allowance (PTOL-85).
`The issue fee and publication fee, if applicable, was received on
`(with a Certificate of Mailing
`Transmission dated_______=_s_s=*+), whichis after the expiration of the statutory period for paymentof the
`issue fee (and publication fee) set in the Notice of Allowance (PTOL-85)(or Notice of Publication Fee Due).
`The submitted fee of $
`is insufficient. A balance of $
`is due.
`.
`The issue fee by 37 CFR 1.18 is $
`The publication fee, if required, by
`37 CFR 1.18(d) is $
`The issue fee and publication fee, if applicable, have not been received.
`[A
`Applicant's failure to timely file corrected drawings as required by, and within the three-month period setin,
`the Notice of Allowability (PTOL-37).
`Proposed corrected drawings were received on______ (with a Certificate of Mailing or Transmission dated
`), which is after the expiration of the period for reply.
`No corrected drawings have beenreceived.
`
`[|
`The letter of express abandonment whichis signed by the attorney or
`interest, or all the applicants.
`The letter of express abandonmentwhich is signed by an attorney or agent(acting in a representative Capacity
`under 37 CFR 1.34(a)) uponfiling of a
`continuing application.
`The decision by the Board of Patent Appeals and Interferences rendered on_________ and becausethe period
`for seeking court review of the decision has expired and there are no allowed claims.
`The reason(s) below:
`or (b}, or requests to withdraw the holding of abandonment under 37 CFR 1.181, should be promptlyfiled to
`Patitions to revive under 37 CFR 1.137(a)
`minimize any negative effects on patent term.
`
`agent of record, the assignee
`
`ofthe entire
`
`Oooodag
`
`PTO-1432 (07/01)
`
`PNA-FB0001457
`
`