throbber
Commissioner for Patents
`United States Patent and Trademark Office
`P.O. 80X1450
`Alexandria, VA 22313-1450
`VUWNJJS'PfO,gov
`
`MAILED
`
`NOV 2 2 2010
`
`CENTRAL REEXAMINATION UNIT
`
`DO NOT USE IN PALM PRINTER
`
`(THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS)
`
`EDWARD LANGER
`
`CIO SHIBOLETH YISRAELI ROBERTS ZISMAN & CO.
`
`1 PENN PLAZA-SUITE 2527
`
`NEW YORK, NY 10119
`
`EX PARTE REEXAMINATION COMMUNICATION TRANSMITTAL FORM
`
`REEXAMINATION CONTROL NO. 901009.513.
`
`PATENT NO. 7457250.
`
`ART UNIT 3992.
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(f)).
`
`Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a
`reply has passed, no submission on behalf of the ex parte reexamination requester will be
`acknowledged or considered (37 CFR 1.550(9)).
`
`PTOL-465 (Rev.07-04)
`
`Chrimar Systems, Inc.
`Exhibit 2037-1
`IPR2016-01397 USPN 9,019,838
`
`

`
`Notice of Intent to Issue
`Ex Parle Reexamination Certificate
`
`Control No.
`
`90/009,513
`
`Examiner
`
`Patent Under Reexamination
`
`7457250
`Art Unit
`
`ERIC B. KISS
`3992
`•• The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -·
`1. [8] Prosecution on the merits is (or remains) closed in this ex parte reexamination proceeding. This proceeding is
`subject to reopening at the initiative of the Office or upon petition. Cf. 37 CFR 1. 313(a). A Certificate will be
`issued in view of
`(a) [8] Patent owner's communication(s) filed: 15 June 2010.
`(b) 0 Patent owner's late response filed: __ .
`(c) 0 Patent owner's failure to file an appropriate response to the Office action mailed: __ .
`(d) 0 Patent owner's failure to timely file an Appeal Brief (37 CFR 41.31 ).
`(e) D Other: __
`Status of Ex Parle Reexamination:
`(f) Change in the Specification: D Yes [8] No
`(g) Change in the Drawing(s): D Yes [8] No
`(h) Status of the Claim(s):
`(1) Patent claim(s) confirmed: See attached.
`(2) Patent claim(s) amended (including dependent on amended claim(s)): __
`(3) Patent claim(s) canceled: __ .
`(4) Newly presented claim(s) patentable: __ .
`(5) Newly presented canceled claims: __ .
`(6) Patent claim(s) D previously D currently disclaimed: __
`(7) Patent claim(s) not subject to reexamination: See attached.
`
`2. [8] Note the attached statement of reasons for patentability and/or confirmation. Any comments considered
`necessary by patent owner regarding reasons for patentability and/or confirmation must be submitted promptly
`to avoid processing delays. Such submission(s) should be labeled: "Comments On Statement of Reasons for
`Patentability and/or Confirmation."
`3. 0 Note attached NOTICE OF REFERENCES CITED (PT0-892).
`4. [8] Note attached LIST OF REFERENCES CITED (PTO/SB/08 or PTO/SB/08 substitute).
`5. 0 The drawing correction request filed on __ is: D approved D disapproved.
`Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f).
`6.
`a)O All b)O Some"
`c)O None
`of the certified copies have
`0 been received.
`0 not been received.
`0 been filed in Application No. __ .
`0 been filed in reexamination Control No.
`.
`0 been received by the International Bureau in PCT Application No. __ .
`" Certified copies not received: __ .
`7. 0 Note attached Examiner's Amendment.
`8. 0 Note attached Interview Summary (PT0-474).
`9. 0 Other: __ .
`
`cc: Requester (if third oartv reauester)
`U.S. Patent and Trademark Office
`PTOL-469 (Rev. 05-10)
`Notice of Intent to Issue Ex Parte Reexamination Certificate
`
`Part of Paper No 20101102
`
`/Eric B. Kiss/
`Primary Examiner, Art Unit 3992
`
`Chrimar Systems, Inc.
`Exhibit 2037-2
`IPR2016-01397 USPN 9,019,838
`
`

`
`Application/Control Number: 90/009,513
`Art U,nit: 3992
`
`Page 2
`
`NOTICE OF INTENT TO ISSUE AN EX PARTE REEXAMINATION CERTIFICATE
`
`Claims l, 2, 5, 13, 15, 20-32, 34, 36, 41-43, 45-47, 49, 50, 53, 54, 56-68, 70, 72, 77-79,
`
`81-83, 85, 86, 89, 90, 92-104, 106, 108, 113-115, 117-119, 121, and 122 of Pat. 7,457,250 are
`
`subject to reexamination.
`
`Claims 3, 4, 6-12, 14, 16-19, 33, 35, 37-40, 44, 48, 51, 52, 55, 69, 71, 73-76, 80, 84, 87,
`
`88, 91, 105, 107, 109-112, 116, 120, and 123-126 are not subject to reexamination.
`
`Claims 1, 2, 5, 13, 15, 20-32, 34, 36, 41-43, 45-47, 49, 50, 53, 54, 56-68, 70, 72, 77-79,
`
`81-83,85,86,89,90,92-104, 106, 108, 113-115, 117-119, 121,and 122areconfirmed.
`
`Information Disclosure Statement
`
`Where patents, publications, and other such items of information are submitted by a party
`
`(patent owner or requester) in compliance with the requirements of the rules, the requisite degree
`
`of consideration to be given to such information will be normally limited by the degree to which
`
`the party filing the information citation has explained the content and relevance of the
`
`information. The initials of the examiner placed adjacent to the citations on the form PTO /SB
`
`/08A and 08B or its equivalent, without an indication to the contrary in the record, do not signify
`
`that the information has been considered by the examiner any further than to the extent noted
`
`above.
`
`'
`The Information Disclosure Statement filed June 15, 2010, has been given due
`
`consideration.
`
`The patent owner's comments regarding the appropriate level of consideration required
`
`by the Office for cited references have been noted. (Remarks at 95-96.) As stated in the
`
`Chrimar Systems, Inc.
`Exhibit 2037-3
`IPR2016-01397 USPN 9,019,838
`
`

`
`Application/Control Number: 90/009;5 l 3
`Art Unit: 3992
`
`Page 3
`
`previous Office action, (Non-final Rejection, 4/6/2010, p. 3), the prior IDS submissions have
`
`been considered with the scope required by MPEP 2256.
`
`Statement of Reasons for Patentability a ml/or Confirmation
`
`The following is an examiner's statement of reasons for patentability and/or confirmation
`
`of the claims found patentable in this reexamination proceeding:
`
`Regarding independent claim 1, for the reasons set forth in the patent owner's response,
`
`(Remarks at 24-30), the examiner agrees that lntecom and/or IBM TDB fail to teach or suggest a
`
`first cable connected between a central .module and the first piece of equipment and a second
`
`cable connected between the central module and the second piece of equipment, with an altered
`
`current flow in the first cable communicating information about the first piece of equipment and,
`
`in addition, an altered current flow in the second cable communicating information about the
`
`second piece of equipment.
`
`Regarding independent claim 53, for the reasons set forth in the patent owner's response,
`
`(Remarks at 50-54), the examiner agrees that !ntecom and/or IBM TDB fail to teach or suggest
`
`separate cabling connected between each object and a central module, with an altered current
`
`flow in the cabling conveying information about each object to the central module while each
`
`object is connected to the network via separate cabling.
`
`Regarding independent claim 89, for the reasons set forth in the patent owner's response,
`
`(Remarks at 72-76), the examiner agrees that lntecom and/or IBM TDB fail to teach or suggest
`
`separate cabling connected between each object and a central module, with an altered current
`
`flow in the cabling conveying information about each object while each object is connected to
`
`the network via separate cabling.
`
`Chrimar Systems, Inc.
`Exhibit 2037-4
`IPR2016-01397 USPN 9,019,838
`
`

`
`Application/Control Number: 90/009,513
`Art Unit: 3992
`
`Page 4
`
`Dependent claims 2, 5, 13, 15, 20-32, 34, 36, 41-43, 45-47, 49, 50, 54, 56-68, 70, 72, 77-
`
`79, 81-83, 85, 86, 90, 92-104, 106, 108, 113-115, 117-119, 121, and 122 are patentable for at
`
`least the reasons given above with respect to independent claims 1, 53, and 89.
`
`Any comments considered necessary by PATENT OWNER regarding the above
`
`statement must be submitted promptly to avoid processing delays. Such submission by the
`
`patent owner should be labeled: "Comments on Statement of Reasons for Patentability and/or
`
`Confirmation" and will be placed in the reexamination file.
`
`Chrimar Systems, Inc.
`Exhibit 2037-5
`IPR2016-01397 USPN 9,019,838
`
`

`
`Application/Control Number: 90/009,513
`Art Unit: 3992
`
`Page 5
`
`All correspondence relating to this ex parte reexamination proceeding should be directed:
`
`Conclusion
`
`By Mail to:
`
`Mail Stop Ex Parte Reexam
`Central Reexamination Unit
`Commissioner for Patents
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`By FAX to:
`
`(571) 273-9900
`Central Reexamination Unit
`
`By hand:
`
`Customer Service Window
`Randolph Building
`40 I Dulany Street
`Alexandria, VA 22314
`
`Any inquiry concerning this communication should be directed to Central Reexamination
`
`Unit at telephone number (571) 272-7705.
`
`/Eric B. Kiss/
`Primary Examiner, Art Unit 3992
`
`Conferees:
`
`Chrimar Systems, Inc.
`Exhibit 2037-6
`IPR2016-01397 USPN 9,019,838

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