`
`APPLICATION NUMBER
`
`
`
`FILING OR 371(C) DATE
`
`UNITED STATES PATENT AND TRADEMARK OFFIGE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`!
`OX.
`Address: COMMISSIONER FOR PATENTS
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`FIRST NAMED APPLICANT
`
`ATTY. DOCKET NO./TITLE
`
`15/869,164
`
`01/12/2018
`
`Scott LUNDAHL
`
`067286-0399
`CONFIRMATION NO. 3488
`
`22428
`FOLEY & LARDNER LLP
`
`3000 K STREETN.W.
`SUITE 600
`WASHINGTON, DC 20007-5109
`
`PUBLICATION NOTICE
`
`IOC
`000000109736825
`
`Title: METHODS FOR PHOTODYNAMIC THERAPY
`
`Publication No.US-2019-0216927-A1
`Publication Date:07/18/2019
`
`NOTICE OF PUBLICATION OF APPLICATION
`
`The above-identified application will be electronically published as a patent application publication pursuant to 37
`CFR 1.211, et seq. The patent application publication number and publication date are set forth above.
`
`The publication may be accessed through the USPTO's publically available Searchable Databasesvia the
`Internet at www.uspto.gov. The direct link to access the publication is currently http:/Awww.uspto.gov/pattt/.
`
`The publication process established by the Office does not provide for mailing a copy of the publication to
`applicant. A copy of the publication may be obtained from the Office upon paymentof the appropriate fee set
`forth in 37 CFR 1.19(a)(1). Orders for copies of patent application publications are handled by the USPTO's
`Public Records Division. The Public Records Division can be reached by telephone at (571) 272-3150 or (800)
`972-6382, by facsimile at (571) 273-3250, by mail addressed to the United States Patent and Trademark Office,
`Public Records Division, Alexandria, VA 22313-1450 or via the Internet.
`
`In addition, information on the status of the application, including the mailing date of Office actions and
`the dates of receipt of correspondencefiled in the Office, may also be accessed via the Internet through
`the Patent Electronic Business Center at www.uspto.gov using the public side of the Patent Application
`Information and Retrieval (PAIR) system. The directlink to access this status information is currently
`https ://portal.uspto.gov/pair/PublicPair. Prior to publication, such status information is confidential and may only
`be obtained by applicant using the private side of PAIR.
`
`Further assistance in electronically accessing the publication, or about PAIR, is available by calling the Patent
`Electronic Business Center at 1-866-217-9197.
`
`
`
`Office of Data Managment, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
`
`Biofrontera Exhibit 1002
`page 1of1|Biofrontera Inc. et al. v. DUSA Pharmaceuticals, Inc.
`IPR2022-00056
`
`
`
`001
`
`001
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`15/869,164
`
`ISSUE DATE
`
`07/23/2019
`
`22428
`
`7590
`
`07/02/2019
`
`FOLEY & LARDNER LLP
`3000 K STREET N.W.
`SUITE 600
`WASHINGTON, DC 20007-5109
`
`PATENT NO.
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`10357567
`
`067286-0399
`
`3488
`
`ISSUE NOTIFICATION
`
`The projected patent numberandissue date are specified above.
`
`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 adjustmenton the front page.
`
`If a Continued Prosecution Application (CPA) wasfiled in the above-identified application, the filing date that
`determines Patent Term Adjustmentis 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) WEBsite (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.
`
`APPLICANT(s) (Please see PAIR WEBsite http://pair.uspto.gov for additional applicants):
`
`Scott LUNDAHL,Lexington, MA;
`DUSAPharmaceuticals, Inc., Wilmington, MA;
`Michael Guttadauro, Carlisle, MA;
`
`The United States represents the largest, most dynamic marketplace in the world andis 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
`worksto encourage andfacilitate business investment. To learn more about why the USAis the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA. gov.
`IR103 (Rev. 10/09)
`
`002
`
`002
`
`

`

`Atty. Dkt. No. 067286-0399
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`First Inventor Name:
`
`Scott LUNDAHL
`
`Title:
`
`METHODS FOR PHOTODYNAMIC THERAPY
`
`Appl. No.:
`
`Filing Date:
`
`15/869,164
`
`1/12/2018
`
`Examiner:
`
`Ahmed M FARAH
`
`Art Unit:
`
`3762
`
`Confirmation Number:
`
`3488
`
`COMMENTS ON STATEMENTS OF REASONS FOR ALLOWANCEneeteeneeenNeaNE
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Commissioner:
`
`The allowanceis sincerely appreciated. The Applicant understands that the allowance is
`based on the actual languageof each claim (which werecarefully examined) and each individual
`claim is limited only by the actual language of that claim.
`
`Respectfully submitted,
`
`
`
`
`
`Date
`
`June 6, 2019
`
`By
`
`FOLEY & LARDNER LLP
`Customer Number: 22428
`Telephone:
`(202) 672-5426
`Facsimile:
`(202) 672-5399
`
`Glenn Law
`Attorney for Applicant
`Registration No. 34,371
`
`4845-1118-6584.1
`
`003
`
`003
`
`

`

`PART B - FEE(S) TRANSMITTAL
`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`By mail, send to:
`Mail Stop ISSUE FEE
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`ngtt
`INSTRUCTIONS: Thisformshould be used for transmitting the ISSUE FEE and PUBLICATIONFEE(if required). Blocks1 through5 should be completed where appropriate. All
`further correspondence including the Patent, advance orders and notification of maintenancefees will be mailed to the current correspondence addressas indicated unless corrected
`below ordirected otherwise in Block 1, by
`(a) specifying a new correspondence address; and/or(b) indicating a separate "FEE ADDRESS" for maintenancefee notifications.
`
`
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block | for any changeofaddress)
`papers. Each additional paper, such as an assignment or formal drawing, must
`have 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 forfirst class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above,or being transmitted to
`the USPTO via EFS-Weborby facsimile to (571) 273-2885,on the date below.
`
`By fax, send to:
`
` (571)-273-2885
`
`06/03/2019
`
`22428
`7590
`Foley & Lardner LLP
`oe
`3000 K STREET N.W.
`SUITE 600
`
`WASHINGTON,DC 20007-5109
`
`APPLICATION NO.INVENTOR|ATTORNEY DOCKET NO.FILING DATE [ARSTNAMED CONFIRMATION NO.
`
`
`
`
`15/869, 164
`01/12/2018
`Scott LUNDAHL
`067286-0399
`3488
`
`TITLE OF INVENTION: METHODS FOR PHOTODYNAMIC THERAPY
`
`
`
`APPLN. TYPE
`nonprovisional
`
`ENTITY STATUS
`UNDISCOUNTED
`
`
`
`ISSUE FEE DUE
`$1000
`
`
`
`PUBLICATION FEE DUE
`$0.00
`
`
`
`PREV,PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`$0.00
`
`$1000
`
`
`
`DATE DUE
`
`09/03/2019
`
`
`
`FARAH, AHMED M
`
`3792
`
`
`T. Change of correspondence addressorindication o
`CFR 1.363).
`
`
`
`“Fee Address” (37
`
`Foley & Lardner LLP
`
`.
`
`1
`
`607-088000
`
`2. For printing on the patentfront page,list
`(1) The namesof upto 3 registered patent attorneys
`
`or agents OR,alternatively,
`
`LI Change of correspondence address (or Change of Correspondence
`(2) The nameofa single firm (having as a membera
`
`Address form PTO/SB/122) attached.
`registered attorney or agent) and the names of upto—2
`
`2 registered patent attorneys oragents. If no name is
`
`
`(] ’Fee Address" indication (or "Fee Address” Indication form PTO/
`listed, no name will be printed.
`
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`
`Numberis required.
`
`3, ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(print or type)
`PLEASE NOTE:Unless an assigneeis identified below, no assignee data will appear on the patent. If an assignee is identified below, the documentmusthave been previously
`recorded,orfiled for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion ofthis form is NOT a substitute forfiling an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`DUSA Pharmaceuticals, Inc.
`Wilmington, MA
`Please check the appropriate assignee category or categories (will not be printed on the patent) : () Individual qj Corporation orotherprivate group entity CY Government
`4a, Fees submitted:
`Xiissue Fee
`(Publication Fee af required)
`(_}Advance Order- # of Copies
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
`4 Electronic Payment via EPS-Web
`(J Enclosed check
`(CY Non-electronic paymentby credit card (Attach form PTO-2038)
`XJ The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
`
`1 9-0741
`
`5. Changein Entity Status (fromstatus indicated above)
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/1SA and158), issue
`
`fee paymentin the micro entity amountwill not be acceptedatthe risk of application abandonment.
`4 Applicantcertifying micro entity status. See 3 CFR1.29
`NOTE:If the application was previously under microentity status, checking this box will be taken
`l Applicant asserting small entity status. See 37 FR 1.27
`to be a notification ofloss of entitlement to micro entitystatus.
`f
`NOTE:Checking this box will be taken tobe a notification ofloss of entitlement to small or micro
`status. 7
`(I Applicant changing to regular undiscounteg/
`
`
`entily status, as applicable.
`
`
`.
`AuthorizedSignature
`Z(}
`Sie ent Date
`June 6, 2019
`
`Glenn Law 34:371 Registration No.
`
`Typed orprinted name
`
`
`PTOL-85 Part B (08-18) Approvedfor use through 01/31/2020
`
`Page 2 of 3
`
`OMB0651-0033
`
`USS.Patent and Trademark Office; U.S. peParTNa@4or COMMERCE
`
`004
`
`

`

`Title of Invention:
`
`METHODS FOR PHOTODYNAMIC THERAPY
`
`First Named Inventor/Applicant Name:
`
`Scott LUNDAHL
`
`Filed as Large Entity
`
`Filing Fees for Utility under 35 USC 111(a)
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`
`USD(S)
`
`Electronic Patent Application Fee Transmittal
`
`
`
`Basic Filing:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`UTILITY APPL ISSUE FEE
`
`1501
`
`1000
`
`1000
`
`005
`
`005
`
`

`

`Extension-of-Time:
`
`Total in USD ($)
`
`Miscellaneous:
`
`006
`
`006
`
`

`

`Title of Invention:
`
`METHODS FOR PHOTODYNAMIC THERAPY
`
`Electronic AcknowledgementReceipt
`
`Application Number:
`
`15869164
`
`International Application Number:
`
`Confirmation Number:
`
`3488
`
`
`
`oe
`
`Paymentinformation:
`
`37 CFR 1.20 (Post Issuance fees)
`
`Deposit Account
`
`Authorized User
`
`190741
`
`Effie Hale
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpaymentas follows:
`
`007
`
`

`

`File Listing:
`
`Document
`
`Number [__PecmmentDesciption[FileName Message Digest
`
`sigs
`
`File Size(Bytes)/
`
`Multi
`
`Pages
`
`(ifappl.)
`
`the application.
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary componentsfora 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 shownonthis
`AcknowledgementReceiptwill establish the filing date of the application.
`National Stage of an International Application under 35 U.S.C. 371
`If a 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/EO/903indicating acceptanceof the application as a
`national stage submission under35 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
`If a 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 of the International Filing Date (Form PCT/RO/105)will be issued in due course, subject to prescriptions concerning
`national security, and the date shownon this AcknowledgementReceiptwill establish the international filing date of
`
`Miscellaneous Incoming Letter
`
`Comments.pdf
`
`ba1d7d43a325 1¢385f096ab234d3382f0a8|
`27928
`
`Issue Fee Payment (PTO-85B)
`
`IssueFee.pdf
`
`204516
`
`7de9d36d3cde6c672f41 08f663034f6cd9d3}
`Oa2a
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`018d9d85c0c7803271899d4a957e95d01 c5|
`fdc01
`
`Information:
`
`Information:
`
`Information:
`
`Total Files Size (in bytes)
`
`313879
`
`This AcknowledgementReceipt 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.
`
`008
`
`008
`
`

`

`
`ges=tiex
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARKOFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCEAND FEE(S) DUE
`
`Foley & Lardner LLP
`3000 K STREET N.W.
`SUIT! O00
`
`WASHINGTON,DC 20007-5109
`
`FARAH, AHMED M
`
`3792
`DATE MAILED: 06/03/2019
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`15/869, 164
`
`01/12/2018
`
`Scott LUNDAHL
`
`067286-0399
`
`3488
`
`TITLE OF INVENTION: METHODS FOR PHOTODYNAMIC THERAPY
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1000
`
`$0.00
`
`$0.00
`
`$1000
`
`09/03/2019
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS 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 PUBLICATIONFEE (IF REQUIRED) MUSTBE 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 THEISSUE FEE NOW DUE.
`
`HOW TO REPLYTO THIS NOTICE:
`
`I. Review the ENTITY STATUSshownabove.If the ENTITY STATUSis 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 shownabove.
`
`If the ENTITY STATUS is changed from that shown above, on PART B - FEE(S) TRANSMITTAL,complete section number5 titled
`"Changein Entity Status (from status indicated above)”.
`
`For purposesof this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amountof small entity
`fees.
`
`II. PART B - FEE(S) TRANSMITTAL,orits equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATIONFEE(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 dueto the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`II. All communications regarding this application must give the application number. Please direct all communicationsprior to issuance to Mail
`Stop ISSUE FEEunless advisedto the contrary.
`
`IMPORTANT REMINDER:Maintenancefeesare duein utility patents issuing on applicationsfiled on or after Dec. 12, 1980.
`It is patentee's responsibility to ensure timely payment of maintenance fees when due. Moreinformationis available at
`www.uspto.gov/PatentMaintenanceFees.
`
`Page | of 3
`
`009
`
`PTOL-85 (Rev. 02/11)
`
`009
`
`

`

`Complete and sendthis form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`
`PARTB - FEE(S) TRANSMITTAL
`
`
`
`By mail, sendto: By fax, send to:—(571)-273-2885Mail Stop ISSUE FEE
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATIONFEE(if required). Blocks 1 through 5 should be completed where appropriate. All
`further correspondenceincluding the Patent, advance orders and notification of maintenancefees will be mailed to the current correspondence addressas indicated 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 maintenancefee notifications.
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have 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 transmitted to
`the USPTO via EFS-Weborby facsimile to (571) 273-2885, on the date below.
`(Typed or printed name)
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any change of address)
`
`06/03/2019
`
`7590
`22428
`Foley & Lardner LLP
`3000 K STREET N.W.
`SUITE 600
`WASHINGTON,DC 20007-5109
`
`(Signature) (Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`15/869, 164
`
`01/12/2018
`
`Scott LUNDAHL
`
`067286-0399
`
`3488
`
`TITLE OF INVENTION: METHODS FOR PHOTODYNAMIC THERAPY
`
`
`
`
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`nonprovisional
`
`UNDISCOUNTED
`
`$1000
`
`$0.00
`
`$0.00
`
`$1000
`
`09/03/2019
`
`EXAMINER
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`FARAH, AHMED M
`
`3792
`
`607-088000
`
`1. Change of correspondenceaddressor indication of "Fee Address” (37
`CFR 1.363).
`
`(I Change of correspondence address (or Change of Correspondence
`Address form PTO/SB/122) attached.
`
`
`
`
`
`2. For printing on the patent front page,list
`(1) The namesof up to 3 registered patent attorneys
`or agents OR,alternatively,
`(2) The nameofa single firm (having as a member a
`registered attorney or agent) and the names of upto
`2 registered patent attorneys or agents. If no nameis
`listed, no namewillbe printed.
`
`
`
`
`
`1
`
`=—-_2
`
`
`
`[I "Fee Address" indication (or "Fee Address" Indication form PTO/
`SB/47; Rev 03-09 or more recent) attached. Use of a Customer
`Numberis required.
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`PLEASE NOTE: Unlessan assigneeis identified below, no assignee data will appear on the patent. If an assigneeis identified below, the document must have been previously
`recorded,orfiled for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOTa substitute for filing an assignment.
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`(LV individual LJ Corporation or other private group entity (_] Government
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`4a. Fees submitted:
`(Llissue Fee
`(Ipublication Fee (if required)
`(VAdvance Order- # of Copies
`4b. Method of Payment: (Please first reapply any previously paidfee shown above)
`(I Electronic Payment via EFS-Web
`(LI Enclosed check
`(LI Non-clectronic paymentby credit card (Attach form PTO-2038)
`
` (I The Directoris hereby authorized to charge the required fee(s), any deficiency, or credit any overpaymentto Deposit Account No.
`
`5. Changein Entity Status (from status indicated above)
`(I Applicantcertifying micro entity status. See 37 CFR 1.29
`(I Applicantasserting small entity status. See 37 CFR 1.27
`(I Applicant changing to regular undiscounted fee status.
`
`
`
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and 15B), issue
`fee paymentin the micro entity amountwill not be accepted at the risk of application abandonment.
`NOTE:If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`
`NOTE:Checking this box will be takento be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements and certifications.
`
`Date
`
`Registration No.
`
`Authorized Signature
`
`Typed or printed name
`
`PTOL-85 Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB 0651-0033
`
`QAQ
`USS. Patent and Trademark Office; U.S. DEPARTME
`
`COMMERCE
`
`010
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATIONNO.
`
`15/869,164
`
`01/12/2018
`
`Scott LUNDAHL
`
`067286-0399
`
`3488
`
`22428
`
`7590
`
`06/03/2019
`
`Foley & Lardner LLP
`3000 K STREET N.W.
`SUIT! O00
`
`WASHINGTON,DC 20007-5109
`
`FARAH, AHMED M
`
`3792
`DATE MAILED: 06/03/2019
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA)calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)(i) to eliminate the requirement
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
`to the issue date of the patent, and will include the patent term adjustmenton the patent. Any request for reconsideration
`of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process
`outlined in 37 CFR 1.705.
`
`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 Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL-85 (Rev. 02/11)
`
`Page 3 of 3
`
`011
`
`011
`
`

`

`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Management and Budget
`approval before requesting most types of information from the public. When OMB approves an agency request to
`collect information from the public, OMB (i) provides a valid OMB Control Numberand expiration date for the
`agency to display on the instrumentthat will be used to collect the information and (i) requires the agency to inform
`the public about the OMB Control Number’s legal significance in accordance with 5 CFR 1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The information is required to obtain
`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentiality is
`governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 30 minutes to complete, including
`gathering, preparing, and submitting the completed application form to the USPTO. Timewill vary depending upon
`the individual case. Any comments on the amount of time you require to complete this form and/or suggestions
`for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and Trademark Office,
`U.S. Department of Commerce, P.O. Box 1450, Alexandria, Virginia 22313-1450. DO NOT SEND FEES OR
`COMPLETED FORMSTO THIS ADDRESS. SEND TO: Commissioner for Patents, P-O. Box 1450, Alexandria,
`Virginia 22313-1450. Under the Paperwork Reduction Act of 1995, no personsare required to respond to acollection
`of information unless it displays a valid OMB control number.
`
`Privacy Act Statement
`
`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
`submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements
`of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)
`(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information
`is used by the U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent
`application or patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not
`be able to process and/or examine your submission, which may result in termination of proceedings or abandonment
`of the application or expiration of the patent.
`
`The information provided by you in this form will be subject to the following routine uses:
`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
`be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
`Freedom of Information Act.
`
`2. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`settlement negotiations.
`3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting
`a request involving an individual, to whom the record pertains, when the individual has requested assistance
`from the Memberwith respect to the subject matter of the record.
`4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
`need for the information in order to perform a contract. Recipients of information shall be required to comply
`with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
`5. A record related to an International Application filed under the Patent Cooperation Treaty in this system of
`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
`6. A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes of
`National Security review (35 U.S.C. 181) and for review pursuantto the Atomic Energy Act (42 U.S.C. 218(c)).
`
`7. Arecord from this system of records may be disclosed,as a routine use, to the Administrator, General Services,
`or his/her designee, during an inspection of records conducted by GSAaspart of that agency's responsibility
`to recommend improvements in records managementpractices and programs, under authority of 44 U.S.C.
`2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection
`of records for this purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall
`not be used to make determinations about individuals.
`
`8. Arecord from this system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuantto 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record
`may be disclosed, subject to the limitations of 37 CFR 1.14, as a routineuse, to the public if the record wasfiled
`in an application which became abandonedorin which the proceedings were terminated and which application
`is referenced by either a published application, an application open to public inspection or an issued pal
`9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or loca ihe
`enforcement agency, if the USPTO becomesawareof a violation or potential violation of law or regulation.
`
`012
`
`

`

`.
`
`.
`
`15/869, 164
`
`LUNDAHL etal.
`
`AHMED M FARAH
`
`3792
`
`Yes
`
`2.() An election was madebythe applicant in responseto a restriction requirement set forth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`; the
`
`3M] The allowed claim(s) is/are See Continuation Sheet . As a result of the allowed claim(s), you maybe eligible to benefit from the
`Patent Prosecution Highway program at a participating intellectual property office for the corresponding application. For more
`information, please see http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to
`PPHfeedback@uspto.gov.
`
`.
`
`4.1 Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`a) CIAlI b)(J Some=*c) () None ofthe:
`
`1. CL Certified copies of the priority documents have been received.
`2. (1 Certified copies of the priority documents have been received in Application No.
`3. (1 Copiesof the certified copies of the priority documents have been receivedin this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`“ Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE "MAILING DATE"of this communication to file areply complying with the requirements
`noted below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5.1) CORRECTED DRAWINGS (as "replacement sheets") must be submitted.
`() including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawingsin the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6.1) DEPOSIT OFand/or INFORMATION aboutthe deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.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.
`1.{¥} This communication is responsive to the amendmentfiled on 04/12/2019.
`(J A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`Primary Examiner, Art Unit 3792
`
`Attachment(s)
`5. () Examiner's Amendment/Comment
`1.[¥] Notice of References Cited (PTO-892)
`
`2.{_] Information Disclosure Statements (PTO/SB/08), 6.¥}Examiner's Statement of Reasonsfor Allowance
`Paper No./Mail Date
`.
`3.1 Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`4.) Interview Summary (PTO-413),
`Paper No./Mail Date.
`/AHMED M FARAH/
`
`7