`
`inventors: BAlLEY e! 511’.
`
`Coniirinatien No: 7864
`
`Applicant: HomeServe pie
`
`Art Unit: 2855
`
`Application No: l6/068,252
`
`Examiner: CAPUTO, LlSA M
`
`37l(c) Date: July 5, 20l8
`
`Atty. Docket: 400l0020002
`
`Title: Fluid Flew Deteetlen Apparatus
`
`Third Supplemental lnl‘urmatinn Diselusure Statement
`
`M’eii Step Amendment
`
`Commissioner for Patents
`
`PO Box MSG
`
`Alexandria, VA 223 l 3—l450
`
`Commissioner:
`
`Listed on aeeempanying IDS Forms PTG/SB/OSa equivalent and/or PTO/SB/OS‘D equivalent
`
`are documents that may he considered material to the patentahility of this applieatien as defined in
`
`37 CPR. §l.56, and in compliance with the duty ofdiselosure requirements ot‘37 GER. §§ T97
`
`and l .98.
`
`Where the publication date 0f a listed document does not provide a menth of publication, the
`
`year el‘puhlieatien of the listed deeument is sufficiently earlier than the effective US. tiling date
`
`and any foreign priority date so that the month of publication is not in issue. Applicant has listed
`
`pu‘olieatien dates on the attached EDS Farms based on informatien presently available tn the
`
`undersigned. Hewever, the listed publication dates should net be eenstrued as an admission that the
`
`information was actually published en the date indieated.
`
`
`
`w 2 —
`
`BAlLEY at of.
`
`Application No. l6/068,252
`
`Applicant reserves the right to establish, the patentalnlity of the claimed invention over any
`
`of the information provided herewith, and/or to prove that this information may not be prior art,
`
`and/or to prove that this information may not be enabling for the teachings purportedly offered.
`
`This statement should not be construed as a representation that a search has been made, or
`
`that information more material to the examination of the present patent application does not exi st.
`
`The Examiner is specifically requested not to rely solely on the material submitted herewith
`
`Applicant has checked the appropriate boxes below.
`
`E] l. Statement under 37 CPR. 1.704(6). Each item of information contained in this information
`
`Disclosure Statement: (i) was first cited in any communication trorn a patent ol‘li ce in a
`
`counterpart]1 foreign or international application or from the Office; and this cornrnuni cati on
`
`was not received by any individual designated in Sec. 156(c) more than thirty days prior to
`
`the tiling of this information disclosure statement; OR (ii) is a communication that was
`
`issued by a patent office in a counterpart foreign or international application or by the
`
`()ffice, and this communication was not received by any individual designated in Sec.
`
`l 56(c) more than thirty days prior to the filing of the information disclosure statement.
`
`K 2. Filing under 37 CPR. § l.97(b). This information Disclosure Statement is being filed
`
`within three months of the date of tiling of a. national application other than a continued
`
`prosecution application (til/PA), 0R within three months of the date of entry of the national
`
`1 The term counterpart foreign, patent application means that a claim for priority has been made in
`either the US application or a foreign application based on the other, or that the disclosures of the
`U S and foreign patent applications are substantively identical (eg, an application filed in the
`European Patent Office claiming the same UK. priority as claimed, in the US. application).
`
`Atty. Dht. No. 400l0020002
`
`
`
`w 3 —
`
`BAILEY er of.
`
`Application No. 16/068,252
`
`stage as set forth in 37 CPR. § l.49l in an international application? GR before the mailing
`
`date of a first Office Action on the merits QR before the mailing of a first (lfl’ice Acti on
`
`after the filing of a request for continued examination under 37 CFR. § l.ll4. No statement
`
`or fee is required.
`
`Filing under 37 CPR. § l_97(c). This information Disclosure Statement is being filed more
`
`than three months after the US filing date AND after the mailing date of the first (lffice
`
`Action on the merits, but before the mailing date of a Final Rejection, or Notice of
`
`Allowance, or an action that otherwise closes prosecution in the application.
`
`flat. Statement under 37 CFR § l, .97(e)(l). l hereby state that emit 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 tiling of this information Disclosure Statement.
`
`37 era. § l.97(e)(l).
`
`Statement under 37 CFR. § l.97(e)(2). l 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 CFR. § l.56(c)
`
`more than three months prior to the tiling of this inform ation Disclosure Statement.
`
`37 can. § 'l.97(e)(2).
`
`The required fee is provided through online credit card payment authorization in the
`
`amount of $240.00 in payment of the fee under 37 CFR. § l.l7(p).
`
`Atty. Dkt. No. 400l0020002
`
`
`
`w 4 —
`
`BAILEY at of.
`
`Application No. ltd/068,252
`
`[:I 4. Filing under 37 CFR. § l.97(d) This information, Disclosure Statement is being filed more
`
`than three months after the US filing date and after the mailing date of a Final Rejection or
`
`Notice of Allowance, but on or before payment of the issue Fee. The required fee is
`
`provided through online credit card payment authorization in the amount of $240.00 in
`
`payment of the fee under 37 CFR. § l.l7(p); in addition:
`
`3 a. Statement under 37 CFR. § l.97(e)(l ).
`
`l 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 tiling of this information, Disclosure Statement.
`
`37 one § l.97{e){l).
`
`: b. Statement under 37 CFR. § l.97(e)(2). l hereby state that no item of information in
`
`this information Disclosure Statement was cited in a communication from a foreign
`
`patent olli ce in a counterpart foreign application and. to my knowledge after making
`
`reasonable inquiry, was known to any individual designated in 37 CPR. § l.56(c)
`
`more than three months prior to the filing of this information Disclosure Statement.
`
`37 can. § l.97{e){2).
`
`5
`
`The patent family for one or more foreign language documents submitted herewith includes
`
`a United States patent, and other patent, in the English language. Copies of both the
`
`particular foreign patent(s) or published foreign patent applications cited in the foreign
`
`patent office communication, and that are not already of record in this application, are
`
`enclosed. Copies of the related United States or other English language. patent or published
`
`Atty. Dirt. No. 400i0020002
`
`
`
`w 5 —
`
`BAILEY at of.
`
`Application No. l6/068,252
`
`application front the farnily list, if not al ready of record, are listed on the. accompanying
`
`83/08 A form. For the purposes of a statement under 37 CFR l.97(e)(l), the United States or
`
`other English language patent or published application are to be construed as being cited by
`
`the foreign patent office. MPEP 609.04tb)(V).
`
`The doconiends) was/were cited in a search, report by a foreign patent office. in a counterpart
`
`foreign application. Submission of an English language version of the search report that
`
`indicates the degree of relevance found by the foreign office is provided in satisfaction of
`
`the requirement for a concise explanation of relevance. h/[PEP 609.04(a)(lll).
`
`A concise explanation of the relevance oftlre non-English, language docon'lends) appears
`
`below in accordance with 37 CFR. § l.98(a)(3).
`
`Document li‘l’l (CN 1043 73 820 A) appears to describe a “Method for Lowering False
`
`Alarm Rate of Pipeline Leakage Monitoring,” as noted in the corresponding English—
`
`language abstract attacl'led to the document.
`
`Copies ot‘docunients FPLFPZ are submitted. l-lowcvcr, in accordance with 37 CPR. §
`
`l .98(a)(2)(ii), no copies of US. patents and patent application publications cited as
`
`documents US l—USS on the attached lDS Forms are submitted.
`
`Copies of the. __________________________________________________________________ docurn ents were cited by or submitted to the Office
`
`in an USS that complies with 37 CFR. § l.98(a)—(c) in Application No
`
`9 filed
`
`, which is relied upon for an earlier filing date under 35 USC. § 120. Thus,
`
`copies of these documents are not attached. 37 CFR. § l.98(d).
`
`Atty. Dirt. No. 400l0020002
`
`
`
`w 6 —
`
`BAILEY et of.
`
`Application No. 16/068,252
`
`[:I it“). it is expected that the examiner wili review the prosecution and cited art in the parent
`
`Appiication No(s)i
`
`
`
`in accordance with MPEP 2001 .06(h), and
`
`indicate in the next communication from the office that the art cited in the earlier
`
`prosecution history has been reviewed in connection with the present appiication.
`
`[:1 i ll In accordance with the Federni Circuit decision in Dan/co Prods, Inc. v, Ebro! Containment,
`
`Inc. 329 F.3d 1358 (Fed. Cir 2003), Appiicants suhinit herewith ()ffice Actions frorn the co
`
`pending US. Patent Appiication No.
`
`,, fiied
`
`, as
`
`documents _____________________________ to ________________________________. The identification of these Office Actions is not to
`
`be construed as a. waiver of secrecy as to those applications new or upon issuance of the
`
`present appiication as a, patent~ The Examiner is respectfuiiy requested to consider the cited
`
`applications and the art cited; therein during examination.
`
`it is respecttuliy requested that the Examiner initial and return a copy of the enclosed EDS
`
`Forms, and indicate in the official tiie wrapper of this patent application that the documents have
`
`been considered
`
`Atty. Dht. No. 400iOOZGOOZ
`
`
`
`w 7 —
`
`BAILEY er 011.
`
`Application No. 16/068,252
`
`The US. Patent and Tradem ark Ot‘fi ee i3 hereby autherized t0 charge any fee deficiency, er
`
`credit any everpaym em, to our Deposit Account Ne. 39—0036.
`
`Respectfully submitted,
`
`STERNE, KESSLER, GOLDSTEIN & FOX ELLC.
`
`[Denald I. Peatherstene/
`
`Demetri I. Featheretorre
`
`Attorney fer Applieant
`Regretration No. 33,876
`
`Date: January 9, 2020
`
`1100 New Yerk Avenue, NW.
`Washingten, DC. 20005—3934-
`{202} 371—2600
`
`Atty. Dkt. N0. 40010020002
`
`