UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`14/047,892
`
`ISSUE DATE
`
`05/05/2015
`
`44654
`
`7590
`
`04/15/2015
`
`Sprinkle IP Law Group
`1301 W. 25th Street
`Suite 408
`Austin, TX 78705
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`9022260
`
`ERGO1110—3
`
`9346
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day(s). Any patent to issue from the above—identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLlCANT(S) (Please see PAIR WEB site http://pair.uspto. gov for additional applicants):
`
`The ERGO Baby Carrier, lnc., Los Angeles, CA, Assignee (With 37 CFR 1.172 Interest);
`Karin Annette Frost, Makawao, H1;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA.gov.
`
`1R103<ReV-10/09>
`
`Petitioner Ex. 1004 Page 1
`
`Petitioner Ex. 1004 Page 1
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
`
`14/047,892
`
`10/07/2013
`
`Karin Annette Frost
`
`ERGO1110—3
`
`9346
`
`Sprmkle IP Law Group
`1301 W. 25th Street
`Suite 408
`Austin, TX 78705
`
`SKURDAL COREY NELSON
`
`ART UNIT
`3782
`
`MAIL DATE
`
`04/03/2015
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev 04/07)
`
`Petitioner Ex. 1004 Page 2
`
`Petitioner Ex. 1004 Page 2
`
`

`
`Response to Rule 312 Communication
`
`Application No.
`
`App|icant(s)
`
`14/047,892
`_
`Examiner
`
`COREY SKURDAL
`
`3782
`
`FROST, KARIN ANNETTE
`.
`Art Unit
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address —
`
`1. IXI The amendment filed on 10 March 2015 under 37 CFR 1.312 has been considered, and has been:
`
`a) I:I
`
`entered.
`
`b) IZ entered as directed to matters of form not affecting the scope of the invention.
`
`c) I:I disapproved because the amendment was filed after the payment of the issue fee.
`
`Any amendment filed after the date the issue fee is paid must be accompanied by a petition under 37 CFR 1.313(c)(1)
`
`and the required fee to withdraw the application from issue.
`
`d) I:I disapproved. See explanation below.
`
`e) I:I entered in part. See explanation below.
`
`/COREY SKURDAL/
`
`Examiner, Art Unit 3782
`
`U.S. Patent and Trademark Office
`
`PTOL-271 (Rev. 04-01)
`
`/BRIAN D NASH/
`
`Primary Examiner, Art Unit 3782
`
`
`
`Reponse to Rule 312 Communication
`
`Part of Paper No. 20150331
`
`Petitioner Ex. 1004 Page 3
`
`Petitioner Ex. 1004 Page 3
`
`

`
`E-‘ART B - FEE{S} TRANSMlTT.+\L
`
`Compietr: and send this ferns, together with appiicalsle fes2{s_), tn: Wggifii
`
`V
`1%-‘iailS'£np_ ISSUE
`Coninzisstoncr for ?atents
`_
`P20. BGX'145{}_
`_
`_
`Alexandria, Virginia 22313-£459
`or figx ($71)-273-2885
`
`
`
`RUG: . .
`................ . .
`
`
`
`
`
`
`
`and PUBIA'l‘l l-Ex; (U ed}. Bk
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`ap roptiate. All further correspondeiuc including
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`ondence add ass as
`inticatcd unless corrected below or directed othrsrwtse in Block l, by (:1) specifying 0. new correspondence e‘tdClt‘CSS: and‘/or (E3) indirzating 2: scpztwfite "
`ADDRESS“ for
`
`inaiiitcance fee notification.
`
`
`
`(.‘UI{Rl:L\'T CORRES1>O.\?3lE.:\3CE ADIDRESS (Note: Use. Block} for any cbzmge of aridzsss)
`
`Note: A certificate of mailing can only be used for domestic mail gs of the
`
`F:-e(s) Trnnstnittal. This certiiicatc cmitiot be used for 3111‘; otli:
`ornpnnvino
`C)
`;:p\<_~1~S_ Each addifigmal P31}-xx;-_ gugh 35 an gggjgnmgnf of ff);-Q13} .'_{;;1\:;_ing’ fi‘;u5:
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`Josta \ Er\-’lCt3 wit
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`
` “““ lClOT‘<' NO. V V ].:lI.ll\lCi DATE
`14./c«47.s92
`10/O?/2013
`Karin Annette Frost
`13
`iiim
`9346
`
`'tt:t‘1i=; OF im-'
`;\'TiON: BABY CARRIER
`
`
`
`
`
` ENTITY STAT
`
`l.TNL‘lSCC»UN’DED
` 1io.np.t'o\-'isi0.n-at
`
`
`. ‘
`. ‘ V
`‘ - ‘ t..-. -ZOREY NELSON H
`3782
`A
`7
`224460000
`n c of correspondence address or indication of "Fee Addre
` '““““Hrpiittthirrr: patentiamta It""""""""""""""
`
`
`
`(1) The names of up to 3 registered pa cut attorneys
`or agents OR, '<Lll$fll‘dll\‘Sl)4';
`nge of corrcspo.1itieitcc EidL‘ll't3-SS (or (flizmgt: of Cottesponde.ncc
`e totm F10/SB/122} attached.
`(2) '1‘hc.namc of 21 single firm (having as :1 member
`"‘3§iSm'r"Jd anomey ‘W “$9110 and the names of up to
`El "Fee Address“ indication (or "Fee Address" indication form
`registered patent attorneys or agents. if no name. is
`;
`l”l‘O/SB/47; Rev '.')3~()‘2 or more recent) attached. Use of 3 €Iustosxici-
`listed. no name will be printed.
`3
`Pémnber is required.
`
`
`
`.. ASSIGE N: A ‘t ’ t"’1u.N'rt:.D 0 "HE PATENT (print or we)
`
`Pl,EASI$ NO‘ ‘Ii: Unless an RS5.i.°.‘.‘lt)£:‘. is identified below, no nssifince date. W
`21
`cm‘ on the Jatent.
`if an eLssiL>.nce is identified below. the document has been filed for
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`l'EL‘.0l‘Cl21{10n as set torth in 3/ Cl“.l\ 3.lJ.. Coniplction oi‘ this Iotm 15 N01 a substitute. for tiling an assignment.
`(A) N[A‘_1\{.E OF ASSlGt
`(B) RESlDEN'-CE.: (CITY :s.11d STATE OR CO‘.7l\’Tl’-.Y )
`
`Group
`-------------------------~
`
`
`
`»»»»»»»»»»»»»».—
`
`3
`
`
`
`).
`
`The Ergo Baby Carrier, Enc:
`
`
`Please.
`eck the appropriate assigucc czttegoiy or czitegoiics (will not be printed on the p:ttcnt") :
`
`Los Angeies, CA
`
`Individual Kl Coipot‘atton or other ptivatc group cntit_\j
`
`GOV"Cl‘ntTlt3l‘.l'
`
`
`
`41
`
`l‘ollo\'v'ing fc-c(s) are submitted:
`4-li. Payment ofF-3e(s): (Please fi1'stra.-‘apply any previoissly paid issue fee shown above)
`. Issue Fee
`A check is enclosed.
`El l)IJbliC?.llf)n Fee (No sins] entity discount permitted,»
`Payment try credit card. Form PTO—'.ZD38 is attached.
`
`
`3 Adv;-.m~,e. Ofdef —
`at‘ Cnpies_
`_________________,
`l§The director is here.
`‘ autlic-ri;;ed to charge the gjc-‘éigired l'ec(.s). any dc.f.icic.nc_\i. or credits any
` overpaynieni, to Deposit Account Ntimtist‘ __§0
`\,a_ u
`A (enclose an extra c py of this fomi).
`
`5. Ctsssmgc in Entity‘ Status (front status indicated tihoxre)
`
`.3 Applicant certifying micro entity status. See
`
`1.29
`
`‘:_\‘O'lT€.: Absent :1 valid certitic-.ttion ot’;\.iicro Entity Status (see forms PTO/SB/_’15A and l.‘.iB), issue.
`fcc. p yment in the m.ici‘0 entity aniount will not be accepted at the risk of application abaJJdo3micnt_
`NOTE: If the application was previously undei‘ micro entity status, checking this box will be taken
`to be a !.IO[1l'tC‘<1i1t‘.-11 at loss of entitlement to micro entity status.
`.="<'"O'l‘E: Che ‘king this box will be tztkcn to be :2 notification of loss of entitlement to small or micro
`entity status. as npplicahle.
`
`3 Agplicant asscrttiiig small entity status.
`
`Cl Applicant changing to tegnlzu‘ undiscotintedgfee
`‘
`
`1
`
`P’I'{)L-85.1’-a.rtB (10-13)Appm\;ct.llot1:sc mmugn 10/31/3.013.
`
`OMB 0651-C033
`
`us. men: and n-:.demm~t; Office;
`
`t>ilEi‘etition‘entEx:t\«i1lilJt3dt2Page 4
`
`Petitioner Ex. 1004 Page 4
`
`

`
`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`14047892
`
`07-Oct-2013
`
`Title of Invention:
`
`BABY CARRIER
`
`First Named Inventor/Applicant Name:
`
`Karin Annette Frost
`
`Attorney Docket Number:
`
`ERGO1110—3
`
`Filed as Large Entity
`
`Filing Fees for Utility under 35 USC111(a)
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-AlIowance-and-Post-Issuance:
`
`Petitioner Ex. 1004 Page 5
`
`Petitioner Ex. 1004 Page 5
`
`

`
`Extension-of-Time:
`
`Miscellaneous:
`
` S“:-S1-;(t$a)| in
`
`Total in USD (S)
`
`Petitioner Ex. 1004 Page 6
`
`Petitioner Ex. 1004 Page 6
`
`

`
`Electronic Acknowledgement Receipt
`
`21941535
`
`14047892
`
`Application Number:
`
`International Application Number:
`
`Confirmation Number:
`
`Title of Invention:
`
`BABY CARRIER
`
`First Named Inventor/Applicant Name:
`
`Karin Annette Frost
`
`Customer Number:
`
`44654
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`Ari G. Akmal/Janice Pampell
`
`Ari G. Akmal
`
`ERGO11 10-3
`
`O1-APR-2015
`
`O7-OCT-2013
`
`14:32:10
`
`Application Type:
`
`Utility under 35 USC111(a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`
`RAM confirmation Number
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`Deposit Account
`
`Authorized User
`
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`Petitioner Ex. 1004 Page 7
`
`

`
`Charge any Additional Fees required under 37 C.F.R. Section 1.19 (Document supply fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.20 (Post Issuance fees)
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.21 (Miscellaneous fees and charges)
`
`File Listing:
`
`Document
`
`.
`
`.
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`
`Miscellaneous Incoming Letter
`
`ERGO1110-3_Transmitta|_of_P
`ayment_Of_|SSue_Fee.pdf
`
`79cfd032ed32d9d8cfda3644ddf9ef47405b
`0245
`
`525147
`
`Fee Worksheet (SB06)
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Petitioner Ex. 1004 Page 8
`
`Petitioner Ex. 1004 Page 8
`
`

`
`gockeme.
`..................NT fig: §$$L§E §EE
`
`{LARGE Entity} 3? SEE. ’i.3€’i)
`gfiggqqqgg
`
`
`Am:-iication No.
`’t4ft3=4?,332
`
`1
`
`Fiiirtg Date H“-I
`‘i0iG?'i2G“i3
`
`V
`i
`
`_
`
`Examiner
`Skureeiigerey Meteor:
`Title:
`Baby Carrier
`
`Gm-up Art Unit
`N82
`
`Confirmetien
`Q3£ifi
`
`__~ ~
`
`__
`
`__
`
`i
`
`iiiieii Step: issue Fee
`Cemmiseiszmer fer Fetente
`
`R9. Bax M58
`
`Aiexandrie, VA 2231 3-fiéfifl
`
`Transmitted herewith are the feiiowing items in refererice to the abeve~identii‘ied appiicetionz
`
`E issue Fee Tramsmittai Form PTOi..~85
`E issue Fee: $960.00
`The Director is hereby eutiierizect to charge Beposit Account No. 5G~3‘283 of Spriiikie ii” Lew Greup.
`The Director is hereby authorized ‘it: charge any defieieiicies or credit any everpeyments
`to Deposit Aceount No, SC?-=3i83 of Sprinkie EP Law Group.
`
`
`
`N3 3 ;:K5,§};§
`Reg Ne‘ M 388
`'
`‘ V ’
`Customer No, 44554
`Sprinkie ii’ Law Group
`1301 W. 25”’ Street, Suite 408
`' Austin, Texas 78705
`
`Tet.
`
`(512) €'33?'~922€}
`
`Fax. (512) 371-9888
`
`--------~—
`
`Qertificate at Transmission Under 3'?’ C.F.R. § 3.3
`i hereby certify that this eortespendence is being deposited
`eiectronicaity with the US. Patent and ‘i"rademeri< Office using
`the United States ifaient and Trademexk Oit‘iee’s EFS«'\/\iei:>
`System an M“ M”
`.
`-.«~
`.;
`"
`“
`Janice Pa
`
`Petitioner Ex. 1004 Page 9
`
`Petitioner Ex. 1004 Page 9
`
`

`
`
`H
`‘”_ EN tHe'15:~t§tee STATES PATENT AND TRAEEMARK eeesee
`1
`Aeteeeeeet eeeee 3? eee 1,332
`"W 90%" “Q ‘O-Div?’
`‘
`at-seem ‘£10-=3
`
`First Named int/e“r:t3r
`
`tin Annette Frost
`Appiiczation Number
`Ԥ4I'04'i,S92
`Titie
`
`i
`
`Carrier
`
`Date Fiied
`Camber 2?, 2013
`
`
`
`Neieen
`
`
`
`Group Art Unit
`37382
`H
`
`
`Confirmation Number
`
`
`$345
`
`
`
`
`
`
`Exam net i
`
`Sk:.s:'de§,
`
`M35; SWE33 555359 Fee
`
`Commissioner for Patents
`PD. Sex 1450
`Aiexandria, VA 22313
`
`Dear Sir:
`
`Certificate at
`
`‘
`
`‘ '§"" "
`
`5 hereby certify that this correspondence is being deposited
`E eiecironicaiiy with the US. Patent and Trademark Office
`using the United Statesfategtt and Trademark Officee
`EFS—W-‘air system on ”;§;‘:;:_g;“
`_
`
`A Notéce of Aiiowance and Fee(s) Due was issued by the Examiner on January 2, 2015.
`
`Appiicant therefore reepectfuiiy requests that the Examiner enter the toiiowing amendment
`
`under 37‘ CFR 't.3t2. Whiie Appiicant understands that entry of an Amendment after the notice
`
`of aliewance
`
`a matter of discretion and not of right, Appticant respecttuiiy requests that the
`
`Examiner consider and enter the feiiowing changes to the specification.
`
`Petitioner Ex. 1004 Page 10
`
`Petitioner Ex. 1004 Page 10
`
`

`
`Attorney Docket No.
`EFlGO1110-3
`
`Customer ID: 44654
`Serial No. 14/047,892
`
`AMENDMENTS TO THE CLAIMS:
`
`Please amend the claims as set forth in the following listing. This listing of claims will
`
`replace all prior versions, and listings, of claims in the present application:
`
`1-17.
`
`(Canceled)
`
`18.
`
`(Currently Amended) A child carrier adapted to be worn by a human wearer for carrying
`
`a child, the child carrier comprising:
`
`a waistband comprising a padded section, the waistband having an adjustable length,
`
`positioned to be securely worn about the waist of the wearer and rest on the hips of the wearer;
`
`a flexible main panel having, a bottom edge and opposing side edges, the flexible main
`
`panel adapted to form a child carrying area in cooperation with the wearer's torso that is open to
`
`the wearer's torso, the main panel having the bottom edge joined to the waistband along
`
`substantially the length of the bottom edge, the main panel so dimensioned to overhang the
`
`waistband to form a sling adapted to support the child in a seated position such that the child's
`
`legs are flexed and spread apart;
`
`a first shoulder strap having an adjustable length forming a loop along a first of the
`
`opposing side edges, wherein an upper end of the first shoulder strap is coupled to the main
`
`panel to a first side of a vertical axis of the main panel and a lower end of the first shoulder strap
`
`is coupled to the main panel away from the bottom edge of the main panel to the first side of the
`
`vertical axis of the main panel; and
`
`a second shoulder strap having an adjustable length forming a loop along a second of
`
`the opposing side edges, wherein an upper end of the second shoulder strap is coupled to the
`main panel to a second side of the vertical axis of the main panel and a lower end of the second
`
`shoulder strap is coupled to the main panel away from the bottom edge of the main panel to the
`
`second side of the vertical axis of the main panel; wherein:
`
`the child carrier is adapted to allow the wearer to selectively support the child in a
`
`position facing a front side of the wearer's torso or in a position facing a back side of the
`
`wearer's torso, wherein the upper ends of the first and second shoulder straps are coupled to
`
`Petitioner Ex. 1004 Page 11
`
`Petitioner Ex. 1004 Page 11
`
`

`
`Attorney Docket No.
`ERGO1110-3
`
`Customer ID: 44654
`Serial No. 14/047,892
`
`the main panel at a position that is on a side of the child carrying area that is away from the
`
`wearer when the child carrier is worn and wherein the child carrier is configured to distribute at
`
`least a portion of the child's weight to the wearer's hips through the waistband.
`
`19.
`
`(Previously Presented) The child carrier of claim 18, wherein the width of the bottom
`
`edge of the main panel is greater than a distance between the upper ends of the first and
`
`second shoulder straps.
`
`20.
`
`(Previously Presented) The child carrier of claim 18, wherein the child carrier is
`
`configured to distribute at least a majority of the child's weight to the wearer's hips through the
`
`waistband.
`
`21.
`
`(Previously Presented) The child carrier of claim 20, wherein the child carrier is
`
`adapted to support a majority of the child's weight through the child's hips and thighs.
`
`22.
`
`(Previously Presented) The child carrier of claim 18, wherein the child carrier further
`
`comprises a head panel positioned to cover the child's head.
`
`23.
`
`(Previously Presented) The child carrier of claim 22, further comprising a first restraining
`
`strap coupled to a first corner of the head panel and a second restraining strap coupled to a
`
`second corner of the head panel.
`
`24.
`
`(Previously Presented) The child carrier of claim 23, wherein the child carrier is adapted
`
`such that the first restraining strap detachably couples to the child carrier at the first shoulder
`
`strap over a first shoulder of the wearer and the second restraining strap detachably couples to
`
`the child carrier at the second shoulder strap over the second shoulder of the wearer.
`
`25.
`
`(Previously Presented) The child carrier of claim 18, further comprising a chest strap
`
`adapted to cross the wearer's chest or back from the first shoulder strap to the second shoulder
`
`strap on the opposite side of the wearer from the main panel.
`
`26.
`
`(Previously Presented) The child carrier of claim 25, wherein the chest strap has an
`
`adjustable length.
`
`Petitioner Ex. 1004 Page 12
`
`Petitioner Ex. 1004 Page 12
`
`

`
`Attorney Docket No.
`ERGO1110-3
`
`Customer ID: 44654
`Serial No. 14/047,892
`
`27.
`
`(Previously Presented) The child carrier of claim 26, wherein the chest strap has an
`
`adjustable height.
`
`28.
`
`(Previously Presented) The child carrier of claim 18, wherein the main panel is
`
`substantially rectangular.
`
`29.
`
`(Previously Presented) The child carrier of claim 18, wherein the child carrier weighs
`
`less than three pounds.
`
`30.
`
`(Previously Presented) The child carrier of claim 18, wherein the child carrier is machine
`
`washable.
`
`31.
`
`(Previously Presented) The child carrier of claim 18, wherein the child carrier is adapted
`
`to support the child with only substantially deformable materials.
`
`32.
`
`(Previously Presented) The child carrier of claim 18, wherein the first shoulder strap and
`
`second shoulder strap each comprise a section of padding.
`
`33.
`
`(Previously Presented) The child carrier of claim 18, wherein the child carrier is adapted
`
`to allow the wearer to select whether to support the child in a position facing the front side of the
`
`wearer's torso or the back side of the wearer's torso without modifying the configuration of the
`
`shoulder straps and waistband relative to the main panel.
`
`34.
`
`(Previously Presented) The child carrier of claim 18, wherein the child carrier configured
`
`to distribute 70-90% of a child's weight to the wearer's hips through the waistband.
`
`35.
`
`(Previously Presented) The child carrier of claim 18, wherein the waistband at the
`
`padded section has a vertical length that is approximately 1/3 of the vertical length of the main
`
`panel
`
`36.
`
`(Previously Presented) The child carrier of claim 35, wherein the lower end of the first
`
`Petitioner Ex. 1004 Page 13
`
`Petitioner Ex. 1004 Page 13
`
`

`
`Attorney Docket No.
`ERGO1110-3
`
`Customer ID: 44654
`Serial No. 14/047,892
`
`shoulder strap and the lower end of the second shoulder strap are coupled to the main panel
`
`approximately 2/3 of vertical length of the main panel away from the bottom edge.
`
`37.
`
`(Previously Presented) The child carrier of claim 18, wherein the main panel is generally
`
`rectangular.
`
`Petitioner Ex. 1004 Page 14
`
`Petitioner Ex. 1004 Page 14
`
`

`
`Attorney Docket No.
`ERGO1110-3
`
`Customer ID: 44654
`Serial No. 14/047,892
`
`REMARKS
`
`Applicant appreciates the time taken by the Examiner to review the present amendment.
`
`Claim 18 is amended to correct minor informalities. No new matter is introduced.
`
`It
`
`is respectfully submitted that
`
`the amendment does not affect
`
`the merits of
`
`the
`
`application and is proper subject matter for an Amendment Under 37 CFR 1.312. Applicant
`
`therefore respectfully requests entry of the amendment.
`
`The Commissioner is hereby authorized to charge any deficiencies or credit any
`
`overpayment to Deposit Account No. 50-3183.
`
`Respectfully s/Jbmitted,
`Sprink -
`A
`
`
`Ari Akmal
`
`’
`
`Reg. No. 51,388
`
`Dated:
`
`_.._.
`=§ "-
`
`.
`
`..
`2
`
`'_
`
`,2015
`
`1301 w. 25"‘ Street, Suite 408
`Austin, Texas 78705
`Tel. 512-637-9220
`Fax. 512-371-9088
`
`Petitioner Ex. 1004 Page 15
`
`Petitioner Ex. 1004 Page 15
`
`

`
`Electronic Acknowledgement Receipt
`
`21725108
`
`Application Number:
`
`14047892
`
`International Application Number:
`
`Confirmation Number:
`
`Title of Invention:
`
`BABY CARRIER
`
`First Named Inventor/Applicant Name:
`
`Karin Annette Frost
`
`Customer Number:
`
`44654
`
`Ari G. Akmal/Janice Pampell
`
`Filer Authorized By:
`
`Ari G. Akmal
`
`Attorney Docket Number:
`
`ERGO1110-3
`
`Receipt Date:
`
`10—MAR-201 5
`
`Filing Date:
`
`07—OCT—201 3
`
`Time Stamp:
`
`14:12:33
`
`Application Type:
`
`Utility under 35 USC111(a)
`
`Payment information:
`
`Submitted with Payment
`
`no
`
`File Listing:
`
`Document
`Number
`
`Information:
`
`.
`
`.
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`(if appl.)
`
`Amendment after Notice of Allowance
`(Rule 312)
`
`ERGO1110-3_Amendment_Un
`der_312.pdf
`
`624392
`
`6af692e09bcf8c860ed08528bcbc63c8ecfd
`Sdbe
`
`Petitioner Ex. 1004 Page 16
`
`

`
`Total Files Size (in bytes)
`
`624392
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/R0/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Petitioner Ex. 1004 Page 17
`
`Petitioner Ex. 1004 Page 17
`
`

`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`44654
`
`7590
`
`01/02/2015
`
`Sprinkle IP Law Group
`1301 W. 25th Street
`Suite 408
`Austin, TX
`
`SKURDAL. COREY NELSON
`
`3732
`
`DATE MAILED: 01/02/2015
`
`10/07/2013
`14/047,892
`TITLE OF INVENTION: BABY CARRIER
`
`Karin Annette Frost
`
`ERGO1110—3
`
`9346
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`04/02/2015
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT BE EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify Whether entitlement to that
`entity status still applies.
`
`If the ENTITY STATUS is the same as shown above, pay the TOTAL FEE(S) DUE shown above.
`
`If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number 5 titled
`"Change in Entity Status (from status indicated above)".
`
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL—85 (Rev. 02/11)
`
`Petitioner Ex. 1004 Page 18
`
`Page 1 of3
`
`Petitioner Ex. 1004 Page 18
`
`

`
`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`or 1 (571)-273-2885
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`appropriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any Change Ofaddress)
`
`7590
`4_4654
`IP LEIW GI‘O11p
`SpI‘11’ll{l€
`1301 W 25th St
`t
`_
`'
`fee
`Suite 408
`Austin, TX 78705
`
`01/02/2015
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`fiapers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273-2885, on the date indicated below.
`V
`I
`(Depomorsmme)
`(Signature)
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`F {ST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/07/2013
`14/047,892
`TITLE OF INVENTION: BABY CARRIER
`
`Karin Annette Frost
`
`ERGO1110-3
`
`9346
`
`APPLN. TYPE
`
`ENTITY STATUS
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$960
`
`$0
`
`$0
`
`$960
`
`04/02/2015
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUB CLASS
`
`SKURDAL, COREY NELSON
`
`3782
`
`224- 160000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`
`3 Chan e of correspondence address (or Change of Correspondence
`Address orm PTO/SB/ 122) attached.
`
`2. For printing on the patent front page, list
`(1) The names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) The name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`
`
`3 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Vumber is required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`2
`
`3
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`'3 Individual
`
`'3 Corporation or other private group entity '3 Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`3 Payment by credit card. Form PTO-2038 is attached.
`3 The director is hereby authorized to charge the required fee(s), any deficiency, or credits any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`3 Applicant certifying micro entity status. See 37 CFR 1.29
`
`3 Applicant asserting small entity status. See 37 CFR 1.27
`
`3 Applicant changing to regular undiscounted fee status.
`
`NOTE: Absent a valid certification of Micro Entity Status (see forms PTO/SB/ 15A and 15B), issue
`fee payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE: If the applicat